1,720,970 research outputs found
The “Fusion” of law and equity?: A Canadian perspective on the substantive, jurisdictional, or non-fusion of legal and equitable matters
Get PDFEquity, in its broad understanding, has long been a fundamental part of law. Its history may be traced through principles illustrated in the Old Testament and, in
various formulations, through Ancient Greek and Roman legal constructs, as well as in Natural Law and Canon Law. While the historic presence of equity within various systems of law is unquestioned, the jurisdiction of equity within contemporary legal systems has been a matter of significant debate and confusion. Facilitating a better understanding of the contemporary role of equity requires knowledge of its meaning and the implications of the historic merger of legal and equitable jurisdictions. This paper establishes a framework for appreciating the contemporary challenges faced by equity by examining the Supreme Court of Canada’s analysis of the merger of legal and equitable jurisdictions in two major cases involving allegations of breaches of fiduciary duty: Canson Enterprises Ltd v Boughton & Co and Hodgkinson v Simms. The inconsistent application of equitable principles in these cases demonstrates the court’s confusion over the effects of the historic merger of law and equity and offers a valuable perspective for the administration of justice in contemporary law.Peer reviewe
The “Fusion” of Law and Equity?: A Canadian Perspective on the Substantive, Jurisdictional, or Non-Fusion of Legal and Equitable Matters
Get PDFEquity, in its broad understanding, has long been a fundamental part of law. Its
history may be traced through principles illustrated in the Old Testament and, in
various formulations, through Ancient Greek and Roman legal constructs, as well as
in Natural Law and Canon Law. While the historic presence of equity within various
systems of law is unquestioned, the jurisdiction of equity within contemporary legal
systems has been a matter of significant debate and confusion. Facilitating a better
understanding of the contemporary role of equity requires knowledge of its meaning and
the implications of the historic merger of legal and equitable jurisdictions. This paper
establishes a framework for appreciating the contemporary challenges faced by equity by
examining the Supreme Court of Canada’s analysis of the merger of legal and equitable
jurisdictions in two major cases involving allegations of breaches of fiduciary duty:
Canson Enterprises Ltd v Boughton & Co and Hodgkinson v Simms. The inconsistent
application of equitable principles in these cases demonstrates the court’s confusion over
the effects of the historic merger of law and equity and offers a valuable perspective for
the administration of justice in contemporary lawPeer reviewe
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Parallel paths ::fiduciary doctrine and the crown-Native relationship in Canada /
No full textThe author argues that the fiduciary obligations (akin to trust obligations) of the dominion government for Aboriginal people have been mistakenly interpreted as something similar to father-son relations. On the contrary, the author contends that if one properly interprets papal bulls, the Royal Proclamation, and historical treaties, it becomes clear that the true nature of fiduciary obligations is founded on nation-to-nation relationships
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe 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
Get PDF“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
Get PDFWe 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
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe 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
Fiduciary Doctrine: A Concept in Need of Understanding
Get PDFThe author suggests that one of the primary problems plaguing the application of fiduciary doctrine in contemporary jurisprudence is the failure to appreciate its contextual nature and underlying purpose. The contextual analysis and rigid application of standard formulae by the judiciary is harmful to the understanding of fiduciary doctrine, which requires that due attention be paid to the unique requirements of particular relationships. The history of fiduciary jurisprudence reveals that more confusion than knowledge currently exists in this area of the law. What is needed is a return to the fundamental elements of fiduciary doctrine so that its more precise application in accordance with its underlying purpose and situation-specific nature becomes possible
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