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Crossing Boundaries: Exploring Multi-Disciplinary Models for Legal Problem Resolution
Get PDFLegal problems rarely occur in a vacuum. They are often borne from other, non-legal problems or else give rise to non-legal problems and adverse circumstances. Legal research and scholarship has long recognized the broader non-legal contexts of legal problems as important for understanding legal problem experiences and individual approaches to problem resolution. In fact, decades of empirical research into the prevalence of civil legal problems has been conceptualized on the notion that, to understand the extent of legal problems in society, it is important to consider these problems as the people experiencing them might view them—through their varied financial, family, employment, health, social, and other contexts
Finding the Purpose of Tax TreatyProvisions Under GAAR: Lessons From Alta Energy
Get PDFEstablishing the object and purpose of tax treaty provisions lies at the heart of applying antiabuse rules, such as general antiavoidance rules under domestic law and the principal purpose test (PPT) in tax treaties. Tax planning arrangements like treaty shopping, designed to obtain treaty benefits, are not abusive unless they contravene the object and purpose of the provisions relied upon by the taxpayer
OCUL Collaborative Futures (CF) Decolonizing Descriptions Working Group Final Report
Get PDFThe broad objective of the working group is to develop recommendations on how to make descriptive metadata in Omni, the Collaborative Futures (CF) shared library services platform, more accurately and respectfully reflect Indigenous Peoples, knowledges, and contexts.
The following report was created by the OCUL-CF Decolonizing Descriptions Working Group and submitted to the OCUL-CF Metadata Management and Standards Committee as per its Terms of Reference.
In section 1 of the report, we have included a set of recommendations organized as follows:
● Recommendations on relationship building and consultation: The Working Group recognized that without this step, this work cannot advance in a meaningful, inclusive or respectful way
● Critical evaluation of library records and description practices: The Working Group recommends broadening the scope of description practice evaluation and including OCUL member libraries beyond current CF institutions.
● Recommendations related to technical capabilities in Alma: These recommendations are intended as short-term solutions based on testing and research done by Working Group members. The intent is that consultation with Indigenous stakeholders will inform appropriate changes to terminology used in the catalogue.
After the recommendations, we have included sections 2-7 providing additional details supporting how the group arrived at their conclusions
Prof Carys Craig: Non Expressive Use. Right to Research in International Copyright Seminar 6.2.
No full textThis cutting edge seminar series looks at legal academic writings at the intersection of intellectual property, human rights, text and data mining (TDM) research, international law, and advanced legal theory. It is intended for advanced students writing a major research paper on the topic.
SEMINAR 6 part 2: Professor Carys Craig of Osgoode Hall Law School, York University, Canada talks about limits to copyright protection which form the basis of a Right to Research. Professor Craig is author of Craig, Carys J. (2017) Globalizing User Rights-Talk: On Copyright Limits and Rhetorical Risks, American University International Law Review: Vol. 33 : Iss. 1 , Article 1.
What are the human rights duties of states with relation to copyright and the right to research? What is the utility, or danger, of framing research interests as “rights”? What do TDM researchers need to do to perform their research? How do any of these steps implicate copyright or other exclusive rights? How does lack of copyright permission distort research outcomes? How does US law and EU law approach the issue of exceptions for research uses? How has the openness of fair use and fair dealing standards been by courts to permit TDM and other research uses? Is the openness unique to common law countries? In what ways do licensing practices enable or form barriers to TDM research in practice? These are just a few of the questions considered by our eminent group of scholars and writers over the 15 weeks of this seminar series.
ABOUT THE SERIES Promoting “learning” and “science” were among the first purposes of early copyright laws. And human rights laws require states to respect, protect and promote rights to impart and receive information and to benefit from advances in science. This lecture series brings these two strands of law into conversation, and perhaps conflict, to explore the actual and ideal dimensions of the right to research in copyright law. The lectures discuss legal academic writings at the intersection of intellectual property, human rights, text and data mining research, international law, and advanced legal theory. Each lecture is being edited and published under an open license to enable reuse in educational and other contexts.
ABOUT THE HOST Professor Sean Flynn teaches courses on the intersection of intellectual property, trade law, and human rights and is Director of the Program on Information Justice and Intellectual Property (PIJIP). At PIJIP, Professor Flynn designs and manages a wide variety of research and advocacy projects that promote the public interest in intellectual property and information law and coordinates PIJIP’s academic program
Executive Power, Territorial Jurisdiction, and the (Non-)Protection of Human Rights in Canadian Extradition
Get PDFThis thesis grapples with the complexity of the relationship between the political executive, embodied in the Minister of Justice, and the individual. It examines the trajectory of individual rights under the current Extradition Act, in the context of extradition requests for prosecution of alleged criminal offences that occurred primarily, or entirely, within Canadas territorial jurisdiction. This project uses a mix of doctrinal and empirical methods to analyse both the law as it is, and the law as it is practised. I argue that the current state of rights protections in Canadian extradition law, at least where the person is sought for prosecution of alleged criminal offences committed within Canadas territory, fails to provide meaningful protection to individual constitutional rights. These failures appear to be the result of both design and implementation of the Act and the Canadian Charter of Rights and Freedoms, by both the Minister of Justice and by provincial appellate courts
Picturing Pedagogy: Images, Teaching, and Development
Get PDFImages are powerful. They shape how we see and understand the world and, in the process, challenge (or reinforce) our assumptions and perspectives. The images we use in the classroom are no exception, whether used passively as visual aids or as a “medium through which active learning is energized.”1 In this article we embrace the “pictorial turn” in university teaching and reflect on the use of images when teaching “development.”2 Development is an area that typically attracts students with an internationalist orientation and who seek to make a positive change in the world. Yet the concept of development is fraught in historical and political economic terms. Its complexity is reflected in academic debates about developmental imageries and imaginaries and, in particular, in representing global poverty. We argue that, by using images carefully and reflectively, we can help students think critically about the development project’s history and imperial dimensions whilst nurturing their desire to either struggle against global injustices or improve life and livelihood in particular places. We write from the standpoint of teachers in postgraduate education in both law and cognate disciplines. Our aim is to equip students with the kinds of contextual understandings and critical intellectual tools which help them to become engaged agents of change
Hiding in Plain Sight: Black Panther, International Law and the “Development Frame”
Get PDFThis article explores the “troubling antinomies” of the 2018 film Black Panther and its entanglements with the collective fantasies of the West—and those of international lawyers and development technocrats in particular—through its reliance on the “lost world” genre, as typified by H. Rider Haggard’s King Solomon’s Mines and John Buchan’s Prester John. The article then situates these troubling antinomies within the tradition of Black Internationalism and the novels of Pauline Hopkins, George S. Schuyler, and Peter Abrahams as practices of “poetic revolt.” Doing so, it is argued, reveals much about the conditions of possibility of the “development frame” and international law, their shared “White Mythology,” and their ongoing entanglements with history, racial capitalism, and the discourse of technolog
Class Actions in Canada: The Promise and Reality of Access to Justice by Jasminka Kalajdzic
Get PDFCLASS ACTION LITIGATION IS OFTEN REGARDED as a successful instrument for advancing access to justice, which continues to be a significant cause for concern within the justice system. The three pillar objectives of class action litigation are to ensure judicial economy, behaviour modification, and access to justice. Professor Jasminka Kalajdzic’s book, Class Actions in Canada: The Promise and Reality of Access to Justice, explores the debatable interpretation and meaning of the third pillar and whether the reality of class action litigation reflects this promise
Term Circles: Using Linked Data as a Tool to Mitigate Colonial Subject Bias
Get PDFThis paper considers the Canadian Federation of Library Associations (CFLA) recommendation to “decolonize library access and classification” and begins by exploring the difficulty involved when addressing this recommendation working from within a colonial institution that represents a colonial worldview. It compares general characteristics of Western and Indigenous worldviews and considers the affect that these perspectives have on the organization of knowledge and information especially in relation to a controlled subject vocabulary like the Library of Congress Subject Headings (LCSH). It presents the “term circle” as a way to mitigate colonial biases by creating a hybrid subject language system using SKOS RDF/XML in a linked data context. This hybrid system facilitates Indigenous community participation in the control and development of subject metadata and suggests a new role for library metadata
Panel A: Lines in the Sand - GGPPA & Desautel | 25th Annual Constitutional Cases Conference
No full textThis panel will discuss two significant cases decided in 2021 that speak to the subject of jurisdiction. From a series of perspectives, panelists will examine the division of powers analyses on offer in the References re Greenhouse Gas Pollution Pricing Act by looking historically at the case, more deeply into the recent jurisprudence on federalism, by analyzing the national concern doctrine, and posing important questions about climate change and the constitution. The panel will also discuss the important decision of R. v. Desautel, which considered the recognition of constitutionally protected Aboriginal Rights under s.35(1) rights beyond the borders of the Canadian state that arise based on the prior occupation of Aboriginal societies.
3:02 Fenner Stewart, University of Calgary, Faculty of Law The Great Case of Minimum National Standards
16:05 Allan Hutchinson, Osgoode Hall Law School
25:40 Jean Leclair, Faculté de droit, Université de Montréal ’Tis a rock — a crag — a cape? A cape? say rather a peninsula!” The SCC’s Revisitation of the National Concern doctrine
39:26 Senwung Luk, OKTLaw Are there geographical bounds to Van der Peet rights? A study of R v Desautel
Chair: Emily Kidd White, Osgoode Hall Law School
This event was recorded on Friday, April 1, 2022 Hosted by Osgoode Hall Law School
Sponsored by LexisNexis and Osgoode Professional Developmen