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 2020

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The Contrasting Fates of French Canadian and Indigenous Constitutionalism: British North America, 1760-1867, Philip Girard

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Legal Theory in Relation to Public Law, Richard Haigh

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Public Law in Canada, Richard Haigh

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Sources of Canadian Law, Richard Haigh

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E.P. Thompson and the rule of law: Qualifying the unqualified good, Douglas Hay

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Marxist Theories of Law Past and Present: A Meditation Occasioned by the 25th Anniversary of Law, Labor, and Ideology, Nate Holdren and Eric Tucker

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Breaking the Code: Cryptocurrency and Programming Proposal, Allan C. Hutchinson

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How Civil Procedure Fails (And Why Administrative Justice is Better), Allan C. Hutchinson

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Practising Law For Rich And Poor People: Towards A More Progressive Approach, Allan C. Hutchinson

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Practising law for rich and poor people: towards a more progressive approach, Allan C. Hutchinson

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The Radical Philosophy of Rights by Costas Douzinas (London: Routledge, 2019, 246 pp., £34.99), Allan C. Hutchinson

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Whipping Up a Storm: Trying to Make Sense of Constitutional Law, Allan C. Hutchinson

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Social Disclosure and Share Value: Empirical Data on (Non-) Disclosure of Information Related to Violence and Lack of Indigenous Consent, Shin Imai and Sarah-Grace Ross

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Reimagining disability: the screening of donor gametes and embryos in IVF, Isabel Karpin and Roxanne Mykitiuk

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Methods and Severity: The Two Tracks of Section 12, Lisa Kerr and Benjamin L. Berger

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On Emotions and the Politics of Attention in Judicial Reasoning, Emily Kidd White

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Domestic Violence and Access to Justice: A Mapping of Relevant Laws, Policies and Justice System Components Across Canada, 2020 CanLIIDocs 3160, Jennifer Koshan, Janet Mosher, and Wanda Wiegers

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The Costs of Justice in Domestic Violence Cases : Mapping Canadian Law and Policy, Jennifer Koshan, Janet Mosher, and Wanda Wiegers

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Digitalization and International Tax Dispute Resolution: A Window of Opportunity for BRITACOM, Jinyan Li, Nathan Jin Bao, Shanghua Hu, Wei Hu, and Matias Zerbino

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Tax Weapons in the COVID-19 War: A Preliminary Study of Brazil, Canada, Denmark, UK and US, Jinyan Li, Nathan Jin Bao, Shanghua Hu, and Matias Zerbino

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Automation and Workers: Re-Imagining the Income Tax for the Digital Age, Jinyan Li, Arjin Choi, and Cameron Smith

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Taxation of Intangibles, Jinyan Li and Angelo Nikolakakis

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All Our Relations: Indigenous Perspectives on Environmental Issues in Canada, Deborah McGregor

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First Nations, Traditional Knowledge, and Water Ethics, Deborah McGregor

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Indigenous Feminism Perspectives on Environmental Justice, Deborah McGregor

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Indigenous Peoples and the Great Lakes in North America, Deborah McGregor

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Indigenous environmental justice and sustainability, Deborah McGregor, Steven Whitaker, and Mahisha Sritharan

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Shared Indigenous and Crown Sovereignty: Modifying the State Model, Kent McNeil

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Exposing the myths of household water insecurity in the global north: A critical review, Katie Meehan, Wendy Jepson, Leila M. Harris, Amber Wutich, Melissa Beresford, Amanda Fencl, Jonathan London, Gregory Pierce, Lucero Radonic, Christian Wells, Nicole J. Wilson, Ellis Adjei Adams, Rachel Arsenault, Alexandra Brewis, Victoria Harrington, Yanna Lambrinidou, and Deborah McGregor

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Accommodation in the Academy: Working with Episodic Disabilities and Living In Between, Roxanne Mykitiuk

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Disability Rights Concerns and Clinical Triage Protocol Development During the COVID–19 Pandemic, Roxanne Mykitiuk and Trudo Lemmens

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Confronting Accessibility in Clinical Legal Education: Human Rights Law and the Accommodation of Law Students with Disabilities in External Placements, Roxanne Mykitiuk and C. Tess Sheldon

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Book Review: Angela Fernandez, Pierson v. Post, The Hunt for the Fox: Law and Professionalization in American Legal Culture, Jennifer Nadler

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My COVID Pause, Jennifer Nedelsky

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The Relational Self As the Subject of Human Rights, Jennifer Nedelsky

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Obstetricians and Gynaecologists Lack Knowledge of their Legal Duty to Accommodate Women with Disabilities to Receive Equal Access to Health Promotion and Care, Jeff Nisker, Roxanne Mykitiuk, and Meera Joseph

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International Accountability in the Implementation of the Right to Development and the “Wonderful Artificiality” of Law: An African Perspective, Obiora C. Okafor and Uchechukwu Ngwaba

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Measuring surveillance chill and other regulatory impacts at scale, Jonathon W. Penney

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Online Abuse, Chilling Effects, and Human Rights, Jonathon W. Penney

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The Chilling Effect Claims in ‘Zeran v. AOL’, Jonathon W. Penney

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Analytic Jurisprudence in Time, Dan Priel

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Law Is What the Judge Had for Breakfast: A Brief History of an Unpalatable Idea, Dan Priel

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A Snapshot of the Law in the Streets: Reflections of a Former Parkdale Academic Director, Sean Rehaag

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Experimenting with Credibility in Refugee Adjudication: Gaydar, Sean Rehaag and Hilary Evans Cameron

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Never Letting a Good Crisis Go to Waste: Canadian Interdiction of Asylum Seekers, Sean Rehaag, Janet Song, and Alexander Toope

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Consultation, Cooperation and Consent in the Commons' Court: "Manner and Form" after Mikisew Cree II, Craig M. Scott

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Consultation, Cooperation and Consent in the Commons’ Court: “Manner and Form” after Mikisew Cree II, Craig M. Scott

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Extraction Contracting: The Struggle for Control of Indigenous Lands, Dayna N. Scott

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Extractivism: Socio-legal Approaches to Relations with Lands and Resources, Dayna Nadine Scott

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Synthesis Report: Implementing a Regional, Indigenous-Led and Sustainability-Informed Impact Assessment in Ontario’s Ring of Fire, Dayna N. Scott, Cole Atlin, Estair Van Wagner, Peter Siebenmorgan, and Robert B. Gibson

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ACCLE Past, Present, and Future: Reflections from ACCLE’s Board Presidents, Martha Simmons, Doug Ferguson, Lisa Cirillo, and Gemma Smyth

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Broader-based and Sectoral Bargaining Proposals in Collective Bargaining Law Reform: A Historical Review, Sara Slinn

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Test, Trace, and Isolate: Covid-19 and the Canadian Constitution, François Tanguay-Renaud, Lisa M. Austin, Vincent Chiao, Beth Coleman, David Lie, Martha Shaffer, and Andrea Slane

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Freedom to Strike? What Freedom to Strike? Back-to-Work Legislation and the Freedom to Strike in Historical and Legal Perspective, Eric Tucker

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Class Crimes: Master and Servant Laws and Factories Acts in Industrializing Britain and (Ontario) Canada, Eric Tucker and Judy Fudge

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Federal Enforcement of Migrant Workers’ Labour Rights in Canada: A Research Report, Eric M Tucker, Sarah Marsden, and Leah F. Vosko

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What We Owe Workers as a Matter of Common Humanity: Sickness and Caregiving Leaves and Pay in the Age of Pandemics, Eric Tucker, Leah F. Vosko, and Sarah Marsden

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Good Faith in Canadian Trademark Applications, David Vaver

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The ECB and € E-Banknotes, Corinne Zellweger-Gutknecht, Benjamin Geva, and Seraina Neva Grünewald

Submissions from 2019

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An Empirical Comparison of Insider Trading Enforcement in Canada and the United States, Anita Anand, Stephen J. Choi, Adam C. Pritchard, and Poonam Puri

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Including Indigenous Knowledge Systems in Environmental Assessments: Restructuring the Process, Rachel Arsenault, Carrie Bourassa, Sibyl Diver, Deborah McGregor, and Aaron Witham

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Assessing Adler: The Weight of Constitutional History and the Future of Religious Freedom, Benjamin Berger

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Methods and Severity: The Two Tracks of Section 12, Benjamin Berger and Lisa Kerr

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Critical Perspectives on the Scholarship of Assessment and Learning in Law: Introduction - Legal education assessment in England, Alison Bone and Paul Maharg

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End Times in the Antipodes: Propaganda and Critique in On the Beach, Ruth Buchanan

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A Chief and Court in Transition: The Wagner Court and the Constitution, Jamie Cameron

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McLachlin’s Law: In All Its Complex Majesty, Jamie Cameron

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OHLJ Special Issue: Reforming Defamation Law in the Age of the Internet, Jamie Cameron

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Critical Perspectives on the Scholarship of Assessment and Learning in Law: Preface, Craig Collins, Vivien Holmes, and Paul Maharg

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Approach to Constitutional Principles and Environmental Discretion in Canada, Lynda Collins and Lorne Sossin

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Critical Copyright Law & the Politics of ‘IP’, Carys J. Craig

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The History and Promise of Shared Space in a Section 35 World, Signa A. Daum Shanks

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Supreme Court of Canada Cases Strengthen Argument for Municipal Obligation to Discharge Duty to Consult: Time to Put Neskonlith to Rest, Angela D’Elia Decembrini and Shin Imai

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Book Review: John Borrows, Law's Indigenous Ethics, Karen Drake

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Indigenous Oral Traditions in Court: Hearsay or Foreign Law?, Karen Drake

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Myth, Inference and Evidence in Sexual Assault Trials, Lisa Dufraimont

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The Resilience of Métis Title: Rejecting Assumptions of Extinguishment for Métis Land Rights, Adam Gaudry and Karen Drake

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Cryptocurrencies and the Evolution of Banking, Money and Payments, Benjamin Geva

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Payment Transactions under the E.U. Second Payment Services Directive – An Outsider’s View, Benjamin Geva

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Non-State Community Virtual Currencies, Benjamin Geva and Dorit Geva

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At the Crossroads of Fusion: British North America/Canada, 1750–2000, Philip Girard

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Does it Need an Intervention? An Examination of Interveners in Business Cases at the Supreme Court of Canada, Richard Haigh

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The Kook, the Chief, Some Strife and the Lawyers: William Aberhart and the Alberta References of 1938, Richard Haigh

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Improving Access to Justice: Do Contingency Fees Really Work?, Allan C. Hutchinson

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Replaying the Past: Roles for Emotion in Judicial Invocations of Legislative History, and Precedent, Emily Kidd White

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China, Jinyan Li

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Value Creation: A Constant Principle in a Changing World of International Taxation, Jinyan Li, Nathan Jin Bao, and Huaning Li

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Issue 2: Tax, Race, and Child Poverty: The Case for Improving the Canada Child Benefit Program, Jinyan Li and Jacklyn Neborak

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International Tax Simplification in South Africa through Managing Substantive Complexity and Improving Drafting Efficiency, Jinyan Li and Teresa Pidduck

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The International Tax Environment and Simplification of South African Tax Legislation: A Double-Edged Sword, Jinyan Li and Teresa Pidduck

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Prometheus, Sisyphus, Themis: Three futures for legal education research, Paul Maharg

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Of tails and dogs: Standards, standardisation and innovation in assessment, Paul Maharg and Julian Webb

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"Governing for Indigenous Environmental Justice in Canada", Deborah McGregor

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Reconciliation, Colonization, and Climate Futures, Deborah McGregor

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Truth Be Told: Redefining Relationships through Indigenous Research, Deborah McGregor

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The Louisiana Purchase: Indian and American Sovereignty in the Missouri Watershed, Kent McNeil

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Issue 2: Reimagining Child Welfare Systems in Canada, Janet Mosher and Jeffery Hewitt

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The Humour in My Tumour: Respecting Legal Capacity in Health-Care Decision-Making, Roxanne Mykitiuk and Reshma Valliappan

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Contract Damages, Moral Agency, and Henry James’ The Ambassadors, Jennifer Nadler

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Viewing the International Labour Organization’s Social Justice Praxis Through a Third World Approaches to International Law Lens: Some Preliminary Insights, Obiora Chinedu Okafor, Titilayo Adebola, and Basema Al-Alami