1,720,961 research outputs found
Continuing Questions in Canadian Political Finance Law: Third Parties and Small Political Parties
Full text linkCanadian political finance law has struggled with the question of how to treat small political parties and third parties. The author contends that data gathered by Elections Canada concerning third party expenditures over the last four federal elections provides an opportunity to re-evaluate Harper v. Canada (A.G.), which was decided without a strong evidential foundation on the grounds of a reasonable apprehension of harm. The Ontario Court of Appeal’s decision in Longley v. Canada (A.G.) upholding Canada Elections Act provisions that require political parties to meet vote thresholds to qualify for annual allowances, raises constitutional questions about the role of small political parties. The author questions whether a distinction should be made in law between large and small political parties and whether the fear that third parties may become political parties is a sufficient justification to limit the rights of small political parties
Freedom of Expression and the Law of the Democratic Process
Full text linkThe author considers the Harper v. Canada case concerning spending limits on individuals and groups other than candidates and political parties in the context of the larger landscape of Canadian campaign finance jurisprudence. The paper begins by reviewing the vibrant academic debate over law of the democratic process issues and noting the Canadian legal academy\u27s surprising lack of attention to this subject area. The egalitarian the ory of election regulation that figures prominently in Harper is reviewed and it is suggested that the the ory led the Court to be insufficiently rigorous in its review of the spending limits in Harper. The author uses U.S. legal the ory, particularly process the ory, to articulate a new approach to judicial review in law of the democratic process cases that reconciles the Court\u27s egalitarian the ory and the need to check the self-interest of Parliament
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Just Words? Judicial Reasons as Remedy in Administrative Law
Full text linkThis article examines how judicial reasons function remedially in administrative law following Canada (Minister of Citizenship and Immigration) v. Vavilov. While reasons traditionally explain decisions, they have always had a remedial function through their normative and expressive force. Vavilov’s “culture of justification” increased the remedial function of reasons by making them central not only to judicial oversight but to administrative decision-making itself. In this post-Vavilov framework, courts now write reasons that not only justify outcomes but provide the framework for administrative redetermination, transforming them into functional remedies
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
Charter Injunctions, Public Interest Presumption, and the Tyranny of the Majority
No full textQuebec’s Bill 21, which seeks to restrict employees in its public service from displaying religious symbols at work, has attracted a number of constitutional challenges. In one of those challenges, Hak v Quebec (Attorney General), the plaintiffs sought an injunction suspending the operation of parts of Bill 21 pending a decision on the merits.1 Both the Quebec Superior Court and the Quebec Court of Appeal declined to issue an injunction. The majority of the Quebec Court of Appeal found that in enacting Bill 21 the legislature must be presumed to have acted in the public interest and, as such, the third part of the injunction test — balance of convenience — could not be satisfied.
The idea that Parliament and provincial legislatures must be presumed to be acting in the public interest — what I will call the public interest presumption — is problematic in Charter cases concerning constraints of fundamental rights and the treatment of minorities. Parliament and provincial legislatures are majoritarian institutions; they are the product of elections where the candidates and parties with the most votes win. A core objective of the Charter is to protect minorities from being oppressed by the majority. Giving too much weight to a majoritarian conception of the public interest in interlocutory injunction applications concerning minority rights undermines the Charter and negates injunctions and stays as elective remedies, particularly where an applicant establishes real harm. To fulfill the Charter’s mandate to protect minority rights it must be recognized that the government does not have a monopoly on representing the public interest and that a majoritarian conception of the public interest cannot control the outcome of the balance of convenience test in the face of evidence that other aspects of the public interest are harmed by the impugned legislation. This short article argues for a much weaker public interest presumption: one that may be rebutted by an applicant adducing evidence of harm to an identifiable group.
1 Hak c Procureure Générale du Québec, 2019 QCCA 2145 [Hak]
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