Browsing Law by Title
Now showing items 34-53 of 79
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Professional Discretion and the Law: Impact of Actuaries on the Underfunding and Decline of Private Sector Single Employer Defined Benefit Pensions in Canada. How Many "Post Nortel Pension Fiascos are Brewing in Canada?
(2016-09-20)Considering that private sector single employer defined benefit pension plans must be fully funded by law, the legal issue emanating from their systemic underfunding is whether or not actuaries have been using their ... -
'Pyrates' of the Lyceum: Big Pharma, Patents, and Academic Freedom in Neoliberal Times
(2017-07-27)Academic freedom and freedom of expression are threatened by the corporatised university. As neoliberal policies embed themselves in all aspects of public (if not private) life, freedom of expression and academic freedom ... -
Re-Imagining Local Governance: The Landscape of "Local" in Toronto
(2018-03-01)In 1997, the Province of Ontario formed the City of Toronto, amalgamating one regional and six small municipalities into a single city government. This action altered the formal institutions of local governance, replacing ... -
Recognizing the Assemblage: Palestinian Bedouin of the Naqab in Dialectic with Israeli Law
(2019-03-05)In the five case studies, we examine how Israel, as a collection of individuated interests given expression in the form a state, is in a dialectic of recognition with the Naqab Bedouin community. Recognition happens on a ... -
Recovering the Promise of Public Truth: Juridification and the Loss of Purpose in Public Inquiries
(2015-08-28)My intention in this work is to investigate the apparent disconnect between the intended social purposes of inquiries and the impact pressures of juridification have had on them, and consider what steps inquiries may take ... -
Reputational Privacy and the Internet: A Matter for Law?
(2015-08-28)Reputation - we all have one. We do not completely comprehend its workings and are mostly unaware of its import until it is gone. When we lose it, our traditional laws of defamation, privacy, and breach of confidence rarely ... -
Rethinking the Law of Interrogations and Confessions in Canada
(2016-09-20)This thesis is a discussion about the inadequacy of the Canadian confessions rule in light of what modern forensic psychology reveals about the human mind, and the propensity of legally-sanctioned interrogation tactics to ... -
Rights and Responsibilities: What are the Prospects for the Responsibility to Protect in the International/Transnational Arena?
(2015-08-28)The dissertation involves a study of the emerging international norm of ‘The Responsibility to Protect’ which states that citizens must be protected in cases of human atrocities, war crimes, ethnic cleansing and genocide ... -
"The Rise and Fall of Welfare Health Legislation in 20th Century Chile: A Case Study in Political Economy of Law"
(2014-07-09)This dissertation analyzes the economic and political dynamics of health legislation in Chile throughout the 20th century. Law is understood as a process, in which legislation is the consequence of the political interaction ... -
Rules of Disengagement: 'Low Skill' Migrant Workers, Law and the Social Dimensions of Exclusionary Inclusion
(2014-07-09)This thesis interrogates social exclusion among migrant workers under the NOC C & D (“low skill”) occupational stream of Canada’s Temporary Foreign Worker Program, a relatively new, fast-growing, and highly diverse stream ... -
Safe Havens or Dangerous Waters? A Phenomenological Study of Abused Women's Experiences in the Family Courts of Ontario
(2018-08-27)This qualitative, interdisciplinary research study explores the experiences of women abused by their intimate partners who appear as litigants in family court proceedings in Ontario, and the responses of judges presiding ... -
Securities Regulation of Ontario Venture Issuers: Rules or Principles?
(2014-07-09)Should the securities regulation of Ontario venture issuers be based primarily on rules or principles? Advocates for rules argue that detailed rules, with predictable meaning and scope, allow participants to focus on matters ... -
Security and Liberty, Transparency and Secrecy, Parliamentary Control of the Secret Services in Canada and Germany: A Comparative Approach
(2018-05-28)After an ongoing 40-year debate, Canada is going to institutionalise its first Committee of Parliamentarians that is meant to control the federal agencies and departments activities in the realm of national security. In ... -
Social Protests as Constitutional Interpretation
(2016-11-25)This research deals with a parcel of the protests that have been taking place over the last few years, particularly since 2010: those protests in which the protesters, instead of rebelling against the legitimacy of the ... -
"That Indispensable Figment of the Legal Mind": The Contract of Employment at Common Law in Ontario, 1890-1979
(2014-07-09)“The relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power. In its inception it is an act of submission, in its operation it ... -
The Allocation of Burdens in Litigation Between First Nations and the Crown
(2014-11-19)This thesis is about two inter-related matters: first, the allocation of burdens of proof in litigation between First Nations and the Crown; and, secondly, the reaction or response of the Crown to the Court’s allocations ... -
The Application of Gladue to Bail: Problems, Challenges, and Potential
(2015-08-28)This paper argues that the principles articulated by the Supreme Court of Canada in R. v. Gladue and re-iterated in R. v. Ipeelee are being interpreted and implemented at the bail phase in a manner that exacerbates, rather ... -
The Colliding Vernaculars of Foreign Investment Protection and Transitional Justice in Colombia: A Challenge for the Law in a Global Context
(2016-11-25)This doctoral dissertation explores an argued normative tension between the legal protection of foreign investors via international investment agreements and the implementation of a transitional justice project in Colombia. ... -
The ECOWAS Court, Activist Forces, and the Pursuit of Environmental and Socioeconomic Justice in Nigeria
(2018-05-28)The thesis has two objectives. The first (and central) objective is to examine the Community Court of Justice of the Economic Community of West African States, or ECOWAS Court (a sub-regional international court in West ... -
The Failure of the Canadian Human Rights Regime to Provide Remedies for Indigenous Peoples: Enough Time Has Passed
(2016-09-20)In 2008, Canada amended the Canadian Human Rights Act to remove s.67, which in essence precluded Indigenous Peoples from bringing complaints as against Canada and Band governments. Since the amendment took effect in 2010, ...