This collection comprises articles by Osgoode faculty published in scholarly journals, as well as book chapters and articles published in edited scholarly works, including encyclopedia contributions.

Follow


Submissions from 2014

Non-Union Employee Representation in the Royal Canadian Mounted Police: Resistance and Revitalization, Sara Slinn

Whither Wagner? Reconsidering Labor Law and Policy Reform, Sara Slinn

Link

Promoting Worker Voice through Good Faith Bargaining Laws: The Canadian and Australian Experience, Sara Slinn and Anthony Forsyth

Administrative Justice in an Interconnected World, Lorne Sossin

Diversity and Data in the Canadian Legal Community, Lorne Sossin

PDF

Experience the Future of Legal Education, Lorne Sossin

Link

The Goudge Inquiry: Anatomy of Success for an Inquiry to Change Policy?, Lorne Sossin

Charter Values and Administrative Justice, Lorne Sossin and Mark Friedman

PDF

Charter Values and Administrative Justice, Lorne Sossin and Mark Friedman

Social Rights and Administrative Justice, Lorne Sossin and Andrea Hill

International Civil Service Ethics, Professionalism and the Rule of Law, Lorne Sossin and Vasuda Sinha

Can Worker Voice Strike Back? Law and the Decline and Uncertain Future of Strikes, Eric M. Tucker

Investment Arbitrators’ Evident Lack of Restraint, Gus Van Harten

Judicial Restraint in Investment Treaty Arbitration: Restraint Based on Relative Suitability, Gus Van Harten

The Boom in Parallel Claims in Investment Treaty Arbitration, Gus Van Harten

PDF

The Canada-China FIPPA: Its Uniqueness and Non-Reciprocity, Gus Van Harten

PDF

Reconnecting the Financial Sector to the Real Economy: A Plan for Action, Edward J. Waitzer and Douglas Sarro

The Public Fiduciary: A Canadian Perspective, Edward J. Waitzer and Douglas Sarro

Australian and Canadian Perspectives on Arbitration: A Joint Discussion, Janet Walker

Prohibited Means of Obtaining and Presenting Evidence, Janet Walker

Reforming the Culture of Banking, Cynthia A. Williams

The Social Reform of Banking, Cynthia A. Williams and John M. Conley

PDF

Proving a Violation: Rhetoric, Research and Remedy, Alan N. Young

Knowledge in Development, Law and Regulation, or How are We To Distinguish Between the Economic and the Non-Economic?, Peer Zumbansen

Submissions from 2013

PDF

Labor Law as the Law of Economic Subordination and Resistance: A Thought Experiment, Harry W. Arthurs

PDF

"Valour Rather than Prudence": Hard Times and Hard Choices for Canada's Legal Academy, Harry W. Arthurs

PDF

Learning the 'How' of the Law: Teaching Procedure and Legal Education, David Bamford, Trevor C. W. Farrow, Michael Karayanni, and Erik S. Knutsen

Listening in ... to Gang Culture, Margaret E. Beare and Chris Hogg

PDF

Book Review of Home Equity and Ageing Owners: Between Risk and Regulation by Lorna Fox O’Mahony, Stephanie Ben-Ishai

PDF

Debt or Equity? A Puzzle for Canadian Bankruptcy Law, Stephanie Ben-Ishai

Report on the Consultation on the Credit Counselling Industry in Canada, Stephanie Ben-Ishai

PDF

Credit Counselling in Canada: An Empirical Investigation, Stephanie Ben-Ishai and Saul Schwartz

Farm Insolvency in Canada, Stephanie Ben-Ishai and Virginia Torrie

PDF

Children of Two Logics: A Way into Canadian Constitutional Culture, Benjamin Berger

Recent Developments in Canadian Criminal Law, Benjamin Berger

Link

The Aesthetics of Religious Freedom, Benjamin Berger

PDF

Book Review: Arming and Disarming: A History of Gun Control in Canada by R. Blake Brown (2013), Benjamin L. Berger

PDF

Patterning Rights Constitutionalism: Thirty Years with the Charter, Benjamin L. Berger and Jamie Cameron

PDF

International Human Rights in Canada: At the Juncture of Law and Politics, Faisal Bhabha

PDF

R. v. N.S.: What Is Fair in a Trial? The Supreme Court of Canada's Divided Opinion on the NIQAB in the Courtroom, Faisal Bhabha

PDF

We Are All Here to Stay? Indigeneity, Migration, and ‘Decolonizing’ the Treaty Right to Be Here, Amar Bhatia

Link

New Perspectives from the Oldest Profession: Abuse and the Legal Consciousness of Sex Workers in China, Margaret Boittin

The Mclachlin Court and the Charter in 2012, Jamie Cameron

PDF

The McLachlin Court and the Charter in 2012, Jamie Cameron

PDF

Technological Neutrality: (Pre)Serving the Purposes of Copyright Law, Carys J. Craig

PDF

The Arithmetic of Fair Dealing at the Supreme Court of Canada, Giuseppina D'Agostino

PDF

A Story of Marguerite: A Tale about Panis, Case Comment, and Social History, Signa A. Daum Shanks

Eloquent (In)Action: Enforcement and Prosecutorial Restraint in the Transnational Trade in Human Eggs as Deep Ambivalence About the Law, Susan G. Drummond

Comment: Is the Comprehensive Application of Cash-Flow Taxation Necessary to Integrate Financial Services into an Invoice/Credit VAT?, Timothy Edgar

PDF

Using the Income Tax System as Your Hedge Counterparty, Timothy Edgar and Amir Aghdaei

The Carter Report's Corporate Income Tax Proposals: Why They Were Rejected and an Assessment of the Current Canadian System as an Imperfect Alternative, Timothy Edgar and Kirk Collins

PDF

Current Constitutional Issues in Canada, John M. Evans

PDF

Ethical Lawyering in a Global Community, Trevor C. W. Farrow

Global Payment and Settlement Systems, Benjamin Geva

PDF

Security Interests in Bank Deposits Under UCC Article 9: A Perspective, Benjamin Geva

Systemic Risk and Financial Stability: The Evolving Role of the Central Bank, Benjamin Geva

Writing Canadian Legal History: Origins, Philip Girard

Administrative Justice and Innovation: Beyond the Adversarial/Inquisitorial Dichotomy, Samantha Green and Lorne Sossin

PDF

Canadian Constitutional Law: Presentation to the Annual Conference of International Association of Law Libraries, Peter W. Hogg

Constitutional Change and Constitutional Amendment: A Canadian Conundrum, Allan C. Hutchinson

PDF

Aboriginal Rights in Canada: The Historical and Constitutional Context, Kent McNeil

Factual and Legal Sovereignty in North America: Indigenous Realities and Euro-American Pretensions, Kent McNeil

Indigenous Land Rights and Self-Government: Inseparable Entitlements, Kent McNeil

Indigenous Nations and the Legal Relativity of European Claims to Territorial Sovereignty in North America, Kent McNeil

African Patent Offices Unfit for Purpose, Ikechi Mgbeoji

Book Review: Jim Poling, Smoke Signals: The Native Take-back of North America’s Tobacco Industry, Ikechi Mgbeoji

Link

Tobacco Blowback: How Colonial Trade Turned a Sacred Plant into a Toxic Threat, Ikechi Mgbeoji

PDF

“In the Public Interest”: Understanding the Special Role of the Government Lawyer, Patrick J. Monahan

Becoming the First Women Judges in Ontario: Women Lawyers, Gender and the Politics of Judicial Appointment, Mary Jane Mossman

First Women Lawyers: Gender Equality and Professionalism in Law, Mary Jane Mossman

Gender, Feminism and Professionalism in Law: Reflections on Women and Judicial Appointment, Mary Jane Mossman

Bringing Evidence to Tax Expenditure Design: Lessons from Canada’s Innovation Policy Review 2006-12, Lisa Philipps

Real Versus Notional Income Splitting: What Canada Should Learn from the US "Innocent Spouse" Problem, Lisa Philipps

PDF

Understanding the Use of "Genetic Predisposition" in Canadian Legal Decisions, Mark Pioro, Roxanne Mykitiuk, Lilith Finkler, and Jeff Nisker

Book Review: Legal Reason: The Use of Analogy in Legal Argument by Lloyd L. Weinreb, Dan Priel

PDF

Is There One Right Answer to the Question of the Nature of Law?, Dan Priel

PDF

Reconstructing Fuller's Argument against Legal Positivism, Dan Priel

PDF

The Indirect Influence of Politics on Tort Liability of Public Authorities in English Law, Dan Priel

The Law and Politics of Unjust Enrichment, Dan Priel

PDF

The Political Origins of English Private Law, Dan Priel

PDF

The Question for the Description of the Law, by Reider Edvinsson, Dan Priel

PDF

Two Models of General Jurisprudence, Dan Priel

Negotiating Capacity: Legally Constructed Entitlement and Protection, Marcia Rioux, Joan M. Gilmour, and Natalia Angel-Cabo

PDF

The Strange Double Life of Canadian Equality Rights, Bruce Ryder

Environmental Justice, Dayna Scott

PDF

Situating Sarnia: Unimagined Communities in the National Energy Debate, Dayna Scott

PDF

Commentary: The Forces That Conspire to Keep us "Idle", Dayna Nadine Scott

PDF

The Networked Infrastructure of Fossil Capitalism: Implications of the New Pipeline Debates for Environmental Justice in Canada, Dayna Nadine Scott

PDF

Voices at Work in North America: Introduction, Sara Slinn and Eric Tucker

Access to Administrative Justice and Other Worries, Lorne Sossin

In Search of Aboriginal Administrative Law, Lorne Sossin

Should Canada Have a Representative Supreme Court, Lorne Sossin

PDF

Judicial Ethics in a Digital Age, Lorne Sossin and Meredith Bacal

PDF

A Comment on "No Comment": The Sub Judice Rule and the Accountability of Public Officials in the 21st Century, Lorne Sossin and Valerie Crystal

Link

Basic Challenges for Governance in Emergencies, François Tanguay-Renaud

Link

Criminalizing the State, François Tanguay-Renaud

PDF

Puzzling about State Excuses as an Instance of Group Excuses, François Tanguay-Renaud

Link

Victor's Justice: The Next Best Moral Theory of Punishment?, François Tanguay-Renaud

PDF

Public Sector Industrial Relations in Canada: Does It Threaten or Sustain Democracy?, Mark Thompson and Sara Slinn

Link

Giving Voice to the Precariously Employed? : Mapping and Exploring Channels of Worker Voice in Occupational Health and Safety, Eric Tucker