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Book Notes: Canada's Indigenous Constitution, By John Borrows, Whitney Bell 2010 Osgoode Hall Law School of York University

Book Notes: Canada's Indigenous Constitution, By John Borrows, Whitney Bell

Osgoode Hall Law Journal

No abstract provided.


Book Notes: The Meaning Of Property: Freedom, Community, And The Legal Imagination, By Jedediah Purdy, Alexander Schmitt 2010 Osgoode Hall Law School of York University

Book Notes: The Meaning Of Property: Freedom, Community, And The Legal Imagination, By Jedediah Purdy, Alexander Schmitt

Osgoode Hall Law Journal

No abstract provided.


Securities Intermediaries And The Separation Of Ownership From Control, Jill E. Fisch 2010 University of Pennsylvania Law School

Securities Intermediaries And The Separation Of Ownership From Control, Jill E. Fisch

Faculty Scholarship at Penn Law

The Modern Corporation and Private Property highlighted the evolving separation of ownership and control in the public corporation and the effects of that separation on the allocation of power within the corporation. This essay explores the implications of intermediation for those themes. The article observes that intermediation, by decoupling economic ownership and decision-making authority within the shareholder, creates a second layer of agency issues beyond those identified by Berle and Means. These agency issues are an important consideration in the current debate over shareholder empowerment. The article concludes by considering the hypothetical shareholder construct implicit in the Berle and Means ...


The (Ir)Relevance Of Harmonization And Legal Diversity To European Contract Law - A Perspective From Psychology, Gary LOW 2010 Singapore Management University

The (Ir)Relevance Of Harmonization And Legal Diversity To European Contract Law - A Perspective From Psychology, Gary Low

Research Collection School Of Law

Differences between contract laws of Member States are often said to impose costs on and deter cross-border trade, and in order to increase cross-border trade, these contract laws ought to be harmonized. This article promises a paradigm shift in considering whether there is a need for harmonization; and if so, what form it ought to take. A behavioural approach is adopted to answer two underlying questions: how do actors think about these differences when they decide to contract? How does the form of harmonization influence such decisions? Insights from disciplines like cognitive and social psychology are identified and applied to ...


Interventions At The Supreme Court Of Canada: Accuracy, Affiliation, And Acceptance, Benjamin R. D. Alarie, Andrew J. Green 2010 Osgoode Hall Law School of York University

Interventions At The Supreme Court Of Canada: Accuracy, Affiliation, And Acceptance, Benjamin R. D. Alarie, Andrew J. Green

Osgoode Hall Law Journal

Interveners make submissions in about half of the cases heard by the Supreme Court of Canada, but the motivations for and consequences of the practice are not clearly understood. Considered broadly, there are at least three functions that the practice of intervention might perform. The first possibility is that hearing from interveners might provide objectively useful information to the Court (i.e., interveners might promote the "accuracy" of the Court's decision making). A second possibility is that the practice of intervention allows interveners to provide the "best argument" for certain partisan interests that judges might want to "affiliate" with ...


Misfeasance, Nonfeasance, And The Self-Interested Attorney, C. D. Freedman 2010 Osgoode Hall Law School of York University

Misfeasance, Nonfeasance, And The Self-Interested Attorney, C. D. Freedman

Osgoode Hall Law Journal

How extensive should the liability of an attorney acting under a "continuing power of attorney" be? Where the donor is capable, the question is not unduly complicated. However, where the donor is incapable and the attorney has an interest in the donor's estate, the question is more difficult. Attorneys acting on behalf of incapable donors should conduct themselves according to the highest standards of probity and fidelity in addition to performing their duties competently. Unexcused breach of the duty of care should result in compensation. For breach of fiduciary duty, restitution should be the norm rather than compensation. In ...


Something To Talk About: Regulation And Justification In Canadian Municipal Law, Hoi Kong 2010 Osgoode Hall Law School of York University

Something To Talk About: Regulation And Justification In Canadian Municipal Law, Hoi Kong

Osgoode Hall Law Journal

Although municipal law is a subset of administrative law, it has not received the same degree of theoretical attention. This article aims to contribute to the theoretical literature on municipal law in Canada by offering a civic republican account of regulation making in municipalities. This article's primary contribution ties in the theoretical claim it advances: that civic republicanism (1) explains Canadian municipal law and (2) provides a standpoint for evaluating existing law and policy. The article's arguments about civic republicanism in the local government context offer a detailed account of an area of law that others have suggested ...


Book Review: The Democratic Aspects Of Trade Union Recognition, By Alan Bogg, Anthony Forsyth 2010 Osgoode Hall Law School of York University

Book Review: The Democratic Aspects Of Trade Union Recognition, By Alan Bogg, Anthony Forsyth

Osgoode Hall Law Journal

No abstract provided.


Mediating Rights And Responsibilities In Control Transactions, Sean Vanderpol, Edward J. Waitzer 2010 Osgoode Hall Law School of York University

Mediating Rights And Responsibilities In Control Transactions, Sean Vanderpol, Edward J. Waitzer

Osgoode Hall Law Journal

There is a growing debate as to the relative merits and consequences of a shift to a more shareholder-centric corporate governance framework. How much "direct democracy" makes sense in corporate decision making? If power is to be transferred to shareholders, should responsibilities be imposed (and, if so, how)? These issues have long been addressed by courts and regulators in the context of unsolicited control transactions. In its recent Air Products & Chemicals v. Airgas decision, the Delaware Chancery Court canvassed the evolution of its law on this point and concluded that implicit in the power (and responsibility) of the board of ...


Material Contribution To Justice - Toxic Causation After Resurfice Corp. V. Hanke, Lynda M. Collins, Heather McLeod-Kilmurray 2010 Osgoode Hall Law School of York University

Material Contribution To Justice - Toxic Causation After Resurfice Corp. V. Hanke, Lynda M. Collins, Heather Mcleod-Kilmurray

Osgoode Hall Law Journal

The vast universe of chemicals in the Canadian environment is presently understood only poorly by science. For many thousands of chemicals, important data regarding chronic toxicity are lacking. As a result, the requirement that the plaintiff in a negligence action prove causation of illness on a but-for standard has frequently been unattainable. In Resurfice Corp. v. Hanke, the Supreme Court of Canada articulated an important exception to the but-for test. In circumstances where but-for causation is unprovable due to limits in scientific knowledge, proof that a defendant materially contributed to the plaintiff's risk of incurring the type of injury ...


Book Review: Reappraising The Resort To Force: International Law, Jusadbellumand The War On Terror, By Lindsay Moir, Christopher S. Waters 2010 Osgoode Hall Law School of York University

Book Review: Reappraising The Resort To Force: International Law, Jusadbellumand The War On Terror, By Lindsay Moir, Christopher S. Waters

Osgoode Hall Law Journal

No abstract provided.


Book Review: The Best Interests Of Children: An Evidence-Based Approach, By Paul Millar, Noel Semple 2010 Osgoode Hall Law School of York University

Book Review: The Best Interests Of Children: An Evidence-Based Approach, By Paul Millar, Noel Semple

Osgoode Hall Law Journal

No abstract provided.


Book Review: The Hart-Fuller Debate In The Twenty-First Century, By Peter Cane (Ed), Sean Rehaag 2010 Osgoode Hall Law School of York University

Book Review: The Hart-Fuller Debate In The Twenty-First Century, By Peter Cane (Ed), Sean Rehaag

Osgoode Hall Law Journal

No abstract provided.


Book Notes: Transforming Labour: Women And Work In Post-War Canada, By Joan Sangster, Catherine Healy-Varley 2010 Osgoode Hall Law School of York University

Book Notes: Transforming Labour: Women And Work In Post-War Canada, By Joan Sangster, Catherine Healy-Varley

Osgoode Hall Law Journal

No abstract provided.


Book Notes: The Man Question: Male Subordination And Privilege, By Nancy E. Dowd, Umair Abdul 2010 Osgoode Hall Law School of York University

Book Notes: The Man Question: Male Subordination And Privilege, By Nancy E. Dowd, Umair Abdul

Osgoode Hall Law Journal

No abstract provided.


Book Notes: The Politics Of Acknowledgement: Truth Commissions In Uganda And Haiti, By Joanna R. Quinn, Kirsten Mikadze 2010 Osgoode Hall Law School of York University

Book Notes: The Politics Of Acknowledgement: Truth Commissions In Uganda And Haiti, By Joanna R. Quinn, Kirsten Mikadze

Osgoode Hall Law Journal

No abstract provided.


Book Notes: Making Our Democracy Work: A Judge's View, By Stephen Breyer, Chanakya Sethi 2010 Osgoode Hall Law School of York University

Book Notes: Making Our Democracy Work: A Judge's View, By Stephen Breyer, Chanakya Sethi

Osgoode Hall Law Journal

No abstract provided.


Red Mass: 2009 Homily, Gregory A. Kalscheur S.J. 2010 Boston College Law School

Red Mass: 2009 Homily, Gregory A. Kalscheur S.J.

Boston College Law School Faculty Papers

This homily was delivered by Fr. Kalscheur at the Detroit Red Mass celebrated at Sts. Peter and Paul Church in Detroit, Michigan on September 29, 2009. The Red Mass (a Mass at which red vestments are worn, marking the beginning of the new judicial term and invoking the guidance of the Holy Spirit), is attended by judges, lawyers, and public officials of all faiths asking God’s blessings in their work as servants of the law seeking to work more effectively for justice and freedom for all. The homily invited those present to reflect on a critical question: who are ...


Farmers, Middlemen, And The New Rule Of Law Movement, Brian J.M. Quinn, Anh T.T. Vu 2010 Boston College Law School

Farmers, Middlemen, And The New Rule Of Law Movement, Brian J.M. Quinn, Anh T.T. Vu

Boston College Law School Faculty Papers

This paper investigates the economic relationships between farmers and middlemen in Vietnam’s Mekong Delta and places it in the context of the new rule of law movement. The new rule of law movement, which has grown in the wake of the collapse of formerly centrally planned economies, argues that the rule of law is a prerequisite for economic growth and that transition economies can only succeed by adopting strong formal legal rights and institutions. Notwithstanding more than two decades of an aggressive rule of law reform program, Vietnam’s formal legal system remains weak. Using survey data from a ...


Summary Of Ramirez V. State, 126 Nev. Adv. Op. No. 22, Anthony R. Sassi 2010 Nevada Law Journal

Summary Of Ramirez V. State, 126 Nev. Adv. Op. No. 22, Anthony R. Sassi

Nevada Supreme Court Summaries

This is an appeal from a judgment of conviction in the Second Judicial District Court, pursuant to a jury verdict of second-degree felony murder by means of child abuse, neglect, or endangerment.


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