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.

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Submissions from 2003

Recent UCC Article 4A Jurisprudence: Critical Analysis, Benjamin Geva

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Settlement Finality and Associated Risks in Funds Transfers – When Does Interbank Payment Occur?, Benjamin Geva

Regulation of Free-Standing Health Facilities: An Entrée for Privatization and For-Profit Delivery in Health Care, Joan M. Gilmour

Women's Poverty, Women's Health: The Role of Access to Justice, Joan M. Gilmour and D. Martin

Book Review: The Ethics of Deference, Leslie Green

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Civil Disobedience and Academic Freedom, Leslie Green

Legal Positivism, Leslie Green

Strategy and Fundamental Legal Rules, Leslie Green

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The Canadian Outside Director: Great Expectations, Warren Grover

Between Here and There is Better than Anything Over There: The Morass of Sauvé v. Canada (Chief Electoral Officer), Richard Haigh

Some Thoughts on the Supreme Court’s Assessment of the Constitutionality of DNA Warrants, Richard Haigh

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Between Here and There is Better Than Anything Over There: The Morass of Sauvé V. Canada (Chief Electoral Officer), Richard Haigh and

Terms of Convenience: Examining Constitutional Overrulings by the High Court, Richard Haigh and Gian Boeddu

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Tradition, Judges, and Civil Liberties in Canada, Douglas Hay

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Equality As a Charter Value in Constitutional Interpretation, Peter W. Hogg

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Heydon' Seek: Looking for Law in All the Wrong Places, Allan C. Hutchinson

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Making Progress?: Change and the Common Law, Allan C. Hutchinson

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Creating Disincentives to Negotiate: Mitchell v. M.N.R.'S Potential Effect on Dispute Resolution, Shin Imai

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Sound Science, Careful Policy Analysis, and Ongoing Relationships: Integrating Litigation and Negotiation in Aboriginal Lands and Resources Disputes, Shin Imai

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Harsh, Perhaps Even Misguided: Developments in Law, 2002, Sonia Lawrence

Harsh, perhaps misguided: Developments in Law 2002, Sonia Lawrence

China: 2002 in Review, Jinyan Li

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Consumption Taxation of Electronic Commerce: Problems, Policy Implications, and Proposals for Reform, Jinyan Li

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Reform Proposal: Uniform Source Withholding Tax and Global Profit Split, Jinyan Li

One Country, Two Tax Systems: International Taxation in Hong Kong and Mainland China, Jinyan Li and Denise Elliot

Illegal Wars and International Criminal Law, Michael Mandel

The Legal Institutions of the New World Order: 'Might Makes Right' and the International Cirminal Tribunal for the Former Yugoslavia, Michael Mandel

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Caveat Emptor: The Position at Common Law, John D. McCamus

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Disgorgement for Breach of Contract: A Comparative Perspective, John D. McCamus

The Common Law: Where is it Written Down?, John D. McCamus

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The Policy Inquiry: An Endangered Species?, John D. McCamus

Aboriginal Title on the Ground: Establishing and Protecting Occupation of Land, Kent McNeil

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Challenging Legislative Infringements of the Inherent Aboriginal Right of Self-Government, Kent McNeil

Culturally Modified Trees, Indian Reserves and the Crown's Fiduciary Obligations, Kent McNeil

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Reconciliation and the Supreme Court: The Opposing Views of Chief Justices Lamer and McLachlin, Kent McNeil

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Beyond Rhetoric: State Sovereignty, Common Concern, and the Inapplicability of the Common Heritage Concept to Plant Genetic Resources, Ikechi Mgbeoji

Book Review: Who Owns Academic Work? Battling for Control of Intellectual Property, Ikechi Mgbeoji

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Prophylactic Use of Force in International Law: The Illegitimacy of Canada’s Participation in "Coalitions of the Willing" Without United Nations’ Authorization and Parliamentary Sanction, Ikechi Mgbeoji

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The Juridical Origins of the International Patent System: Towards a Historiography of the Role of Patents in Industrialization, Ikechi Mgbeoji

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Patent First, Litigate Later! The Scramble for Speculative and Overly Broad Genetic Patents: Implications for Access to Health Care and Biomedical Research, Ikechi Mgbeoji and Byron Allen

Constitutional Cases 2002: An Overview, Patrick Monahan and Nadine Blum

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Constitutional Cases 2002: An Overview, Patrick J. Monahan and Nadine Blum

Book Review: Saving Bernice: Battered Women, Welfare and Poverty, Janet E. Mosher

Book Review: Child Custody, Law and Women’s Work, Mary Jane Mossman

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Conversations about Families in Canadian Courts and Legislatures: Are there "Lessons" for the United States?, Mary Jane Mossman

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Legal Education as a Strategy for Change in the Legal Profession, Mary Jane Mossman

Convention Refugeehood, Early Warning Signs, and the Structural Crisis of Legitimate Statehood in Contemporary Nigeria, Obiora Chinedu Okafor

Humanizing Our Global Order: An Introduction, Obiora Chinedu Okafor

Introduction, Obiora Chinedu Okafor

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Re-Configuring Non-Refoulement? The Suresh Decision, 'Security Relativism', and the International Human Rights Imperative, Obiora Chinedu Okafor and Pius Lekwuwa Okoronkwo

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Counting On the Court: The Preservation of Fundamental Freedoms and Liberties in the Era of the Security Revolution, Richard C. C. Peck Q.C. and Nikos Harris

There's Only One Worker: Toward the Legal Integration of Paid Employment and Unpaid Caregiving, Lisa Philipps

Thinking Critically About the Taxation of Capital Gains on Donated Public Securities (or Looking Paragraph 38(A.1) in the Mouth, Lisa Philipps

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Proportionate Liability Under the CBCA in the Context of Recent Corporate Governance Reform: Canadian Auditors in the Wrong Place at the Wrong Time?, Poonam Puri and Stephanie Ben-Ishai

Book Review: Climate Change and Power. Economic Instruments for European Electricity, Benjamin J. Richardson

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Book Review: Indigenous Peoples and Governance Structures: A Comparative Analysis of Land and Resource Management Rights, by Garth Nettheim, Gary D. Meyers and Donna Craig, Benjamin J. Richardson

Book Review: The Economic Dynamics of Environmental Law, Benjamin J. Richardson

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Diffusing Environmental Regulation through the Financial Services Sector: Reforms in the EU and Other Jurisdictions, Benjamin J. Richardson

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Ethical Finance in Britain: A Neglected Prerequisite for Sustainability, Benjamin J. Richardson

Horizontal Instruments, Benjamin J. Richardson

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Taxing and Trading in Corporate Energy Activities: Pioneering UK Reforms to Address Climate Change, Benjamin J. Richardson and Kiri L. Chanwai

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The UK's Climate Change Levy: Is It Working?, Benjamin J. Richardson and Kiri L. Chanwai

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The Harms of Child Pornography Law, Bruce Ryder

Our Mongrel Selves: Pluralism, Identity and the Nation, Brian Slattery

Book Review: Peter Hogg & Patrick Monahan’s, Liability of the Crown, 3rd edition, Lorne Sossin

Developments in Administrative Law: the 2002-2003 Term, Lorne Sossin

Empty Ritual, Mechanical Exercise or the Discipline of Deference?: Revisiting the Standard of Review in Administrative Law, Lorne Sossin

Public Fiduciary Obligations, Political Trusts and the Evolving Duty of Reasonableness in Administrative Law, Lorne Sossin

The ‘Supremacy of God’, Human Dignity and the Charter of Rights and Freedoms, Lorne Sossin

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Hard Choices and Soft Law: Ethical Codes, Policy Guidelines and the Role of the Courts in Regulating Government, Lorne Sossin and Charles Smith

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A Failed Experiment? Investigative Detention: Ten Years Later, James Stribopoulos

Unchecked Power: The Constitutional Regulation of Arrest Reconsidered, James Stribopoulos

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From Jailbird to Jailbait: Age of Consent Laws and the Construction of Teenage Sexualities, Kate Sutherland

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Diverging Trends in Worker Health and Safety Protection and Participation in Canada, 1985-2000, Eric Tucker

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Diverging Trends in Worker Health and Safety Protection and Participation in Canada, 1985-2000, Eric Tucker

NAFTA Investor-State Dispute Resolution: Pope & Talbot and the Minimum Standard of Treatment, Gus Van Harten

Truth Before Punishment: A Defence of Public Inquiries, Gus Van Harten

Defining and Rewarding Invention: A Review and a Modest Proposal for Patent Law, David Vaver

Le Concept d’Invention en droit des Brevets: Bilan et Perspective, David Vaver

Countering, Branding, Dealing: Using Economic and Social Rights in and Around the International Trade Regime, Robert Wai

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Foreign Public Law and the Colour of Comity: What's the Difference between Friends?, Janet Walker

Must there be Uniform Standards for Jurisdiction in a Federation?, Janet Walker

Rule 17: Service Outside Ontario, Janet Walker

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The Canmar Fortune: The Supreme Court of Canada Puts Jurisdiction Agreements Back on Course, Janet Walker

The Deconstitutionalization of Canadian Private International Law?, Janet Walker and Vaughan Black

Beyond Real and Substantial Connection: The Muscutt Quintet, Janet Walker, Vaughan Black, and Joost Blom

Environmental Management Systems and Public Authority in Canada: Rethinking Environmental Governance, Stepan Wood

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Green Revolution or Greenwash? Voluntary Environmental Standards, Public Law and Private Authority in Canada, Stepan Wood

La révolution verte est-elle diluée? Les normes environnementales volontaires, le droit public et l’autorité du privé au Canada, Stepan Wood

Das gesellschaftliche Gedächtnis des Rechts oder: Die juristische Dogmatik als Standeskunst [The social memory of law, or: legal doctrine as the lawyers’ state of art], Peer Zumbansen

Lex mercatoria: Zum Geltungsanspruch transnationalen Rechts, in: 67 Rabels Zeitschrift für ausländisches und internationales Privatrecht [RabelsZ], Peer Zumbansen

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Making Day to Day Sense of European Governance, Review of: Christian Calliess and Matthias Ruffert's Kommentar zu EU-Vertrag and EG-Vertrag. 2nd Edn, Peer Zumbansen

Public Values, Private Contracts and the Colliding Worlds of Family and Market: German Federal Constitutional Court, ‘Marital Agreement’ Decisions of 6 February 2001 and 29 March 2001, Peer Zumbansen

Quod Omnes Tangit: Globalization, Welfare Regimes and Entitlements, Peer Zumbansen

State and Market, Peer Zumbansen

Vertragsregimes im ‚Dritten Sektor’: Zur Verortung des Verwaltungsrechts in Zeiten veränderter Handlungsformen [The Governance of Contracting: The Province of Administrative Law in an Era of Contractualized Government], Peer Zumbansen

American and European Constitutionalism Compared: A Report from the UNIDEM Conference in Göttingen, 23-24 May 2003, Peer Zumbansen and Morag Goodwin

Submissions from 2002

Governance after the Washington Consensus: The Public Domain, The State and the Microphysics of Power, Harry W. Arthurs

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National Traditions in Labor Law Scholarship: The Canadian Case, Harry W. Arthurs

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Private Ordering and Workers Rights in the Global Economy: Corporate Codes of Conduct as a Regime of Labour Market Regulation, Harry W. Arthurs