Browsing Law by Title
Now showing items 48-67 of 79
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"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, ... -
The Globalization of Crime Control: The Use of Non-criminal Justice Responses for Countering Organized Crime
(2015-08-28)This thesis examines domestic authorities’ use of non-criminal justice responses to counter organized crime. Examples of responses used to counter outlaw motorcycle gangs in Canada, Germany, and Iceland are provided. These ... -
The Legal Treatment of Informal Caregivers of the Elderly in Canada and Australia: The Importance of Recognizing Relations in Creating Reforms
(2018-11-21)This thesis examines the policy implications of the legal treatment of caregivers of the elderly in Canada and Australia and how this can inform law and policy reforms in Canada. Legislation and policy on the formal care ... -
The Limits of Regulation: A Case Study of Virtual and Intangible Harm
(2017-07-27)This dissertation deals with the limits of regulation through the analysis of virtual and intangible harm and the capacity of regulation to prevent or at least reduce such harm. The case study at hand is the potential harm ... -
The March of Judicial Cosmopolitanism and the Legacy of Enemy Combatant Case Law
(2015-01-26)This thesis explores the concept of judicial cosmopolitanism and its prevalence in enemy combatant case law. The author draws upon the theoretical and philosophical underpinnings of cosmopolitanism and cosmopolitan law to ... -
The Nature and Value of Access to Information Laws in Canada and the EU: Ideals, Practices and Perspectives
(2016-11-25)This research aims to address the rhetorical claims about transparency and access to information (ATI) by asking questions like: Why they are important, and if they are, are they worth of constitutional protection? The ... -
The Place of Private Property in Land Use Law: A Relational Examination of Ontario's Quarry Conflicts
(2018-11-21)Land use law structures the way we make decisions about how we live together and with the world around us. In doing so, it shapes our relationships not only with the people around us, but with the places we inhabit and ... -
The Political Economic Dimensions of Executive Compensation Reform: Can the Foundations of Shareholder Primacy Be Sustained in the Post - Crisis Regulatory Environment?
(2015-08-28)What is absent in much of the literature on executive compensation reform is a deeper appreciation of the shift that has occurred since the latest financial crisis away from performance-based corporate governance arrangements ... -
The Pomegranate Tree has Smothered Me: International Law, Imperialism & Labour Struggle in Iraq, 1917-1960
(2018-05-28)This dissertation delves into the legal and labour history of Hashemite Iraq (c. 1921-1958) to explore the role international law and its institutions played in Iraqs state formation, as well as, the imperial control of ... -
The Responsibility of the International Community to Protect Syrian Citizens
(2015-08-28)The responsibility to protect (R2P) doctrine allows the international community to intervene for humanitarian purposes in events of massive violations of human rights. However, the legality of humanitarian intervention has ... -
The Right to Self-Determination of a People: A Twailian Analysis of ICJ Decisions in Cameroon v. Nigeria; East Timor; and Western Sahara Cases
(2015-12-16)The various post-colonial armed conflicts bedeviling Third World States have claimed numerous lives and properties, drained its resources, displaced millions and have put the territory’s development move on the reverse ... -
The Role of Colonialism and Neo-Colonialism in Shaping Anti-Terrorism Law in Comparative and International Perspectives: Case Studies of Egypt and Tunisia
(2017-07-27)Contemporary anti-terrorism legislation has raised concerns about the global evolution of law and crime control. National and global anti-terrorism frameworks include broad definitions of terrorist crimes and exceptional ... -
The Role of Judicial Discourse in Distorting the Public Inquiry Image: Is the Inquiry Becoming an Endangered Species?
(2017-07-27)The goal is to explore the construction of the Public Inquiry image and its persona via judicial decision-making and legal discourses that are utilized to justify the final product of an inquiry. For instance, while the ... -
The Rule of Liberal Legalism: The Challenge of the Normativities of Multiple Modernities and Religious Diversity
(2016-09-20)In Canada profound diversification of multiple moral, political and normative commitments of a multiplicity of communities is unstoppable. Its historically liberalized, modernized and secularized law dominates principles ... -
The Rules of Engagement: Self-Defense and the Principle of Distinction in International Humanitarian Law
(2016-11-25)This dissertation examines the problem of the mistaken killing of civilians in armed conflict. This occurs when a civilian is intentionally killed by armed forces because he or she is mistakenly believed to pose a threat ...