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University of Ottawa Faculty of Law Legal Studies Working Paper Series

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1.

Rethinking Cabinet Secrecy

Journal of Parliamentary and Political Law, Vol. 13, No. 3, 2020, Ottawa Faculty of Law Working Paper No. 2020-35
Number of pages: 24 Posted: 14 Dec 2020 Last Revised: 15 Dec 2020
Accepted Paper Series
University of Ottawa - Common Law Section
Downloads 14
2.

One Year of Vavilov

Ottawa Faculty of Law Working Paper No. 2020-34
Number of pages: 43 Posted: 02 Dec 2020
Working Paper Series
University of Ottawa - Common Law Section
Downloads 505
3.

Repenser le secret ministériel (Rethinking Cabinet Secrecy)

Revue générale de droit, Vol. 50, No. 1, 2020, Ottawa Faculty of Law Working Paper No. 2020-27
Number of pages: 33 Posted: 05 Nov 2020 Last Revised: 15 Dec 2020
Accepted Paper Series
University of Ottawa - Common Law Section
Downloads 11
4.

Shifting Design Paradigms: Why Tomorrow's International Economic Law May Look More Like the Tax Regime than the WTO

Alschner, Wolfgang. “Shifting Design Paradigms: Why Tomorrow’s International Economic Law May Look More Like the Tax Regime than the WTO.” AJIL Unbound 114 (ed 2020): 270–74. https://doi.org/10.1017/aju.2020.49., Ottawa Faculty of Law Working Paper No. 2020-30
Number of pages: 6 Posted: 04 Nov 2020
Working Paper Series
University of Ottawa - Common Law Section
Downloads 27
5.

‘A Constitution Similar in Principle to that of the United Kingdom’: The Preamble, Constitutional Principles, and a Sustainable Jurisprudence

McGill Law Journal, Vol. 65, 2019-20, Ottawa Faculty of Law Working Paper Forthcoming
Number of pages: 46 Posted: 30 Oct 2020
Working Paper Series
University of Ottawa - Common Law Section
Downloads 39
6.

The Appellate Standard of Review in Public Law Cases

[2021] Public Law (Forthcoming), Ottawa Faculty of Law Working Paper No. 2020-28
Number of pages: 20 Posted: 29 Oct 2020
Working Paper Series
University of Ottawa - Common Law Section
Downloads 125
7.

Policing Arbitrariness: Fleming v. Ontario and the Ancillary Powers Doctrine

Supreme Court Law Review (2020, Forthcoming), Ottawa Faculty of Law Working Paper No. 2020-31
Number of pages: 18 Posted: 13 Oct 2020
Working Paper Series
University of Ottawa, Faculty of Law, Civil Law Section and University of Ottawa - Common Law Section
Downloads 41
8.

Why Write Statutes Which Some People Cannot Read?

Supreme Court Law Review (2d), Forthcoming, Ottawa Faculty of Law Working Paper No. 2020-32
Number of pages: 16 Posted: 02 Oct 2020
Working Paper Series
University of Ottawa - Common Law Section
Downloads 29
9.

RTE Latham and Change in the Ultimate Rules of a Legal System

Ottawa Faculty of Law Working Paper No. 2020-21, Connecticut Law Review, Forthcoming
Number of pages: 16 Posted: 30 Sep 2020 Last Revised: 20 Oct 2020
Working Paper Series
University of Ottawa - Common Law Section
Downloads 11
10.

Fragmented Law & Fragmented Lives: Canada’s Mental Health Care System

J.A. Chandler & C.M. Flood, eds., Law and Mind: Mental Health Law and Policy in Canada (Toronto: LexisNexis, 2017), Ottawa Faculty of Law Working Paper No. 2020-33
Number of pages: 27 Posted: 05 Sep 2020
Accepted Paper Series
University of Ottawa - Faculty of Law and University of Toronto - Faculty of Law
Downloads 93
11.

International Trade, Intellectual Property, and Innovation Policy: Long-Term Lessons from the COVID-19 Crisis

C.M. Flood, V. MacDonnell, J. Philpott, S. Theriault & S. Venkapuram, eds, Vulnerable: The Policy, Law and Ethics of COVID-19 (Ottawa: University of Ottawa Press, 2020)., Ottawa Faculty of Law Working Paper No. 2020-25
Number of pages: 11 Posted: 23 Aug 2020
Accepted Paper Series
University of Ottawa - Common Law Section and McGill University - Faculty of Law
Downloads 80
12.

The Role of the Defense Attorney in Relation to Biological Interventions As Rehabilitative Strategies

Colleen M. Berryessa & Jennifer A. Chandler (2020) The role of the defense attorney in relation to biological interventions as rehabilitative strategies, Journal of Offender Rehabilitation, DOI: 10.1080/10509674.2020.1784350, Ottawa Faculty of Law Working Paper No. 2020-22
Number of pages: 29 Posted: 04 Aug 2020
Working Paper Series
Rutgers, The State University of New Jersey - School of Criminal Justice and University of Ottawa - Faculty of Law
Downloads 30
13.

Privacy, Ethics, and Contact-tracing Apps

Teresa Scassa, Jason Millar and Kelly Bronson, "Privacy, Ethics, and Contact-tracing Apps", in C.M. Flood, V. MacDonnell, J. Philpott, S. Thériault and S. Venkatapuram, eds. Vulnerable: The Law and Policy of COVID-19, University of Ottawa Press, 2020., Ottawa Faculty of Law Working Paper No. 2020-23
Number of pages: 8 Posted: 24 Jul 2020
Working Paper Series
University of Ottawa - Common Law Section, University of Ottawa and Independent
Downloads 139
14.

Migrant Health in a Time of Pandemic: Fallacies of Us-Versus-Them

Y.Y. Brandon Chen, "Migrant Health in a Time of Pandemic: Fallacies of Us-Versus-Them" in Colleen M Flood et al, eds, Vulnerable: The Law, Policy and Ethics of COVID-19 (Ottawa: University of Ottawa Press, 2020) 407., Ottawa Faculty of Law Working Paper No. 2020-24
Number of pages: 12 Posted: 24 Jul 2020
Accepted Paper Series
University of Ottawa, Faculty of Law, Common Law Section
Downloads 49
15.

Divergence and Convergence in English and Canadian Administrative Law

Forthcoming in Michael Ramsden and Swati Jhaveri eds., Indigenizing Administrative Law (Cambridge University Press, 2020), Ottawa Faculty of Law Working Paper No. 2020-15
Number of pages: 21 Posted: 16 Jul 2020
Accepted Paper Series
University of Ottawa - Common Law Section
Downloads 41
16.

Judicial Review of Delegated Legislation: The Long and Winding Road to Vavilov

Ottawa Faculty of Law Working Paper No. 2020-14
Number of pages: 36 Posted: 16 Jul 2020
Working Paper Series
University of Ottawa - Faculty of Law
Downloads 71
17.

Judging by Numbers: How Will Judicial Analytics Impact the Justice System and Its Stakeholders?

(2021) 44:1 Dal LJ (Forthcoming), Ottawa Faculty of Law Working Paper No. 2020-13
Number of pages: 27 Posted: 16 Jul 2020
Accepted Paper Series
University of Ottawa - Common Law Section and University of Ottawa - Faculty of Law
Downloads 211
18.

Clarifying the Matter: Modernizing Peace, Order, and Good Government in the Greenhouse Gas Pollution Pricing Act Appeals

(2020) 40.2 N.J.C.L. 153-211 (Thomson Reuters), Ottawa Faculty of Law Working Paper No. 2020-12
Number of pages: 44 Posted: 16 Jul 2020 Last Revised: 16 Oct 2020
Accepted Paper Series
University of Ottawa - Common Law Section, University of Ottawa - Common Law Section and affiliation not provided to SSRN
Downloads 133
19.

A Human Rights-Based Approach to Data Protection in Canada

in Dubois, E. and Martin-Bariteau, F. (eds.), Citizenship in a Connected Canada: A Research and Policy Agenda, Ottawa, ON: University of Ottawa Press (2020), Ottawa Faculty of Law Working Paper No. 2020-26
Number of pages: 20 Posted: 30 Jun 2020 Last Revised: 05 Nov 2020
Accepted Paper Series
University of Ottawa - Common Law Section
Downloads 349
20.

Citizenship in a Connected Canada

in Dubois, E. and Martin-Bariteau, F. (eds.), Citizenship in a Connected Canada: A Research and Policy Agenda, Ottawa, ON: University of Ottawa Press (2020), Ottawa Faculty of Law Working Paper No. 2020-16
Number of pages: 24 Posted: 30 Jun 2020 Last Revised: 03 Nov 2020
Accepted Paper Series
University of Ottawa and University of Ottawa - Common Law Section
Downloads 63
21.

Vavilov and the Culture of Justification in Contemporary Administrative Law

(2020) Supreme Court Law Review (2d), Forthcoming, Ottawa Faculty of Law Working Paper No. 2020-18
Number of pages: 29 Posted: 29 Jun 2020
Accepted Paper Series
University of Ottawa - Common Law Section
Downloads 396
22.

Eritrea

Ottawa Faculty of Law Working Paper No. 2020-02
Number of pages: 8 Posted: 16 Jun 2020
Working Paper Series
University of Ottawa - Common Law Section
Downloads 14
23.

Governmental Power and COVID-19: The Limits of Judicial Review

Forthcoming, Flood et al eds., The Law, Policy and Ethics of COVID-19 (University of Ottawa Press, 2020), Ottawa Faculty of Law Working Paper No. 2020-29
Number of pages: 9 Posted: 26 May 2020 Last Revised: 05 Nov 2020
Working Paper Series
University of Ottawa - Common Law Section
Downloads 257
24.

Factors Influencing the Health and Safety of Temporary Foreign Workers in Skilled and Low-Skilled Occupations in Canada

NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy, 29(3), pp. 422-458., Ottawa Faculty of Law Working Paper No. 2020-17
Number of pages: 52 Posted: 02 May 2020
Working Paper Series
University of Ottawa - Civil Law Section, University of Ottawa, Faculty of Law (common law) and affiliation not provided to SSRN
Downloads 12
25.

Right-to-Farm Legislation in Canada: Exceptional Protection for Standard Farm Practices

Ottawa Law Review, Forthcoming, Ottawa Faculty of Law Working Paper Forthcoming
Number of pages: 32 Posted: 30 Apr 2020
Accepted Paper Series
University of Ottawa - Civil Law Section and McGill University - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Downloads 4
26.

Government Efforts to Address Bullying in Canada: Any Place for Children’s Rights?

Journal of Law and Social Policy, Ottawa Faculty of Law Working Paper Forthcoming
Number of pages: 24 Posted: 30 Apr 2020
Accepted Paper Series
University of Ottawa, Faculty of Law and affiliation not provided to SSRN
Downloads 5
27.

Conceptualising Violence at Work Through A Gender Lens: Regulation and Strategies for Prevention and Redress

University of Oxford Human Rights Hub Journal , Ottawa Faculty of Law Working Paper Forthcoming
Number of pages: 25 Posted: 29 Apr 2020
Working Paper Series
University of Ottawa - Civil Law Section
Downloads 10
28.

Reconnaissance des cancers d’origine professionnelle au Québec (Workers’ compensation for occupational cancers in Quebec)

Développements récents en droit de la santé et de la sécurité du travail, Éditions Yvon Blais, Ottawa Faculty of Law Working Paper Forthcoming
Number of pages: 72 Posted: 29 Apr 2020
Working Paper Series
University of Ottawa - Civil Law Section
Downloads 4
29.

The Unwritten Constitutional Principle of Ecological Sustainability: A Solution to the Pipelines Puzzle?

70 U.N.B.L.J. 30 (2019) , Ottawa Faculty of Law Working Paper No. 2020-07
Number of pages: 32 Posted: 20 Mar 2020
Accepted Paper Series
University of Ottawa - Common Law Section
Downloads 23
30.

The Good, the Bad, and the Ugly: A Preliminary Assessment of Whether the Vavilov Framework Adequately Addresses Concerns of Marginalized Communities

Ottawa Faculty of Law Working Paper No. 2020-08
Number of pages: 19 Posted: 14 Feb 2020
Working Paper Series
University of Ottawa - Common Law Section
Downloads 305
31.

The Vavilov Framework and the Future of Canadian Administrative Law

Ottawa Faculty of Law Working Paper No. 2020-09
Number of pages: 33 Posted: 12 Feb 2020
Working Paper Series
University of Ottawa - Common Law Section
Downloads 2,184
32.

Producing Film as Legal Knowledge

(2012) International Journal of the Humanities, Volume 9, Issue 10, pp. 23-28
Number of pages: 8 Posted: 07 Feb 2020
Accepted Paper Series
University of Ottawa - Common Law Section
Downloads 53
33.

Citizens and their Political Institutions in a Digital Context

in Dutton, W.H. (ed.), A Research Agenda for Digital Politics. Cheltenham, UK: Edward Elgar, 2020, Ottawa Faculty of Law Working Paper No. 2020-05
Number of pages: 10 Posted: 27 Dec 2019 Last Revised: 16 Jun 2020
Accepted Paper Series
University of Ottawa and University of Ottawa - Common Law Section
Downloads 48
34.

Foreign Forum Selection Clauses and International Ocean Carriage of Goods in Canada and Australia: A Comparative Study of the Canadian Marine Liability Act (MLA) S 46 and the Australian Carriage of Goods by Sea Act (COGSA) S 11

Foreign Forum Selection Clauses and Carriage of Goods: Katsivela: 25 JIML, 2019, Ottawa Faculty of Law Working Paper No. 2020-04
Number of pages: 13 Posted: 21 Dec 2019
Accepted Paper Series
University of Ottawa - Faculty of Law
Downloads 24
35.

Waiting for Godot: Canadian Administrative Law in 2019

Ottawa Faculty of Law Working Paper No. 2020-20
Number of pages: 54 Posted: 19 Dec 2019
Working Paper Series
University of Ottawa - Common Law Section
Downloads 185
36.

Artificial Administration: Administrative Law in the Age of Machines

Ottawa Faculty of Law Working Paper No. 2020-03
Number of pages: 25 Posted: 12 Dec 2019 Last Revised: 03 Nov 2020
Working Paper Series
University of Ottawa - Common Law Section
Downloads 192
37.

The Constitutionalisation of English Judicial Review in Ireland: Continuity and Change

Forthcoming in Michael Ramsden and Swati Jhaveri eds., Indigenizing Administrative Law (Cambridge University Press, 2020), Ottawa Faculty of Law Working Paper No. 2020-06
Number of pages: 18 Posted: 12 Dec 2019
Accepted Paper Series
University of Ottawa - Common Law Section
Downloads 23
38.

Big Data, Privacy and Education Applications

Ottawa Faculty of Law Working Paper No. 2019-44
Number of pages: 22 Posted: 10 Dec 2019
Working Paper Series
George Mason University - Schar School of Policy and Government and University of Ottawa - Common Law Section
Downloads 137
39.

Cabinet Secrecy in Canada

Journal of Parliamentary and Political Law, Vol. 12, No. 3, 2019, Ottawa Faculty of Law Working Paper No. 2019-36
Number of pages: 32 Posted: 10 Dec 2019
Accepted Paper Series
University of Ottawa - Common Law Section
Downloads 27
40.

Not Just the Luck of the Draw? Exploring Competency of Counsel in Federal Court Refugee Leave Determinations (2005-2010)

Ottawa Faculty of Law Working Paper No. 2020-01
Number of pages: 24 Posted: 19 Nov 2019
Working Paper Series
University of Ottawa - Common Law Section, Independent, Osgoode Hall Law School - York University and affiliation not provided to SSRN
Downloads 116
41.

A Typology of Materiality

(2019) 26 Australian Journal of Administrative Law (Forthcoming), Ottawa Faculty of Law Working Paper No. 2019-43
Number of pages: 13 Posted: 28 Oct 2019
Working Paper Series
University of Ottawa - Common Law Section
Downloads 102
42.

Developing Privacy Best Practices for Direct-to-Public Legal Apps: Observations and Lessons Learned

(2020) 18:1 Canadian Journal of Law and Technology (Forthcoming), Ottawa Faculty of Law Working Paper No. 2019-35
Number of pages: 67 Posted: 15 Oct 2019
Working Paper Series
University of Ottawa - Common Law Section, University of Ottawa - Faculty of Law, University of Ottawa - Common Law Section and University of Ottawa - Common Law Section
Downloads 145
43.

La Limitation De Responsabilité En Droit Maritime Canadien Et Les Créances Des Passagers Et Autres Acteurs Maritimes (Limitation of Liability in Canadian Maritime Law and Passenger and Other Maritime Actors Claims)

Canadian Bar Review, 2019, Ottawa Faculty of Law Working Paper No. 2019-34
Number of pages: 36 Posted: 14 Oct 2019
Working Paper Series
affiliation not provided to SSRN and University of Ottawa - Faculty of Law
Downloads 9
44.

Delegated Legislation and the Duty to Consult on and Accommodate Aboriginal and Treaty Rights

Ottawa Faculty of Law Working Paper No. 2019-37
Number of pages: 11 Posted: 03 Oct 2019
Working Paper Series
University of Ottawa - Faculty of Law
Downloads 68
45.

Cabinet Immunity in Canada: The Legal Black Hole

McGill Law Journal, Vol. 63, No. 2, 2017, Ottawa Faculty of Law Working Paper No. 2019-31
Number of pages: 60 Posted: 01 Oct 2019
Accepted Paper Series
University of Ottawa - Common Law Section
Downloads 38
46.

Building New Haystacks: Information Retention and Data Exploitation by the Canadian Security Intelligence Service

Alberta Law Review, Vol. 57, No. 1, 2019, Ottawa Faculty of Law Working Paper No. 2019-40
Number of pages: 28 Posted: 07 Sep 2019 Last Revised: 23 Jul 2020
Accepted Paper Series
Carleton University - Norman Paterson School of International Affairs and University of Ottawa - Common Law Section
Downloads 56
47.

Patents and Plant Breeders' Rights: Approaches to Intellectual Property Overlaps

(2018) 31.1 Intellectual Property Journal 83-103, Ottawa Faculty of Law Working Paper No. 2019-41
Number of pages: 22 Posted: 04 Sep 2019
Accepted Paper Series
University of Ottawa - Common Law Section
Downloads 36
48.

Twisted Into Knots: Canada’s Challenges in Lawful Access to Encrypted Communications

Ottawa Faculty of Law Working Paper No. 2019-38
Number of pages: 21 Posted: 30 Aug 2019
Working Paper Series
Carleton University - Norman Paterson School of International Affairs and University of Ottawa - Common Law Section
Downloads 129
49.

Concevoir la matrice juridique dans un monde en constante évolution : Essai sur l’approche fonctionnelle du droit (An Essay on the Functional Approach to Law)

McGill Law Journal, vol. 65, 2020, Ottawa Faculty of Law Working Paper No. 2020-10
Number of pages: 39 Posted: 18 Aug 2019 Last Revised: 16 Jun 2020
Accepted Paper Series
University of Ottawa - Common Law Section
Downloads 25
50.

Étude de l’influence de la Revue de droit d’Ottawa auprès de la Cour suprême du Canada (de 1966 à 2017) (Assessing the Influence of the Ottawa Law Review at the Supreme Court of Canada (1966–2017))

Ottawa Law Review, Vol. 50, No. 3, 2019, Ottawa Faculty of Law Working Paper No. 2019-24
Number of pages: 64 Posted: 15 Aug 2019
Accepted Paper Series
University of Ottawa - Common Law Section and University of Ottawa - Faculty of Law
Downloads 10