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Osgoode Hall Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 730 papers

1.

Phase 2 de l’examen du mécanisme RDIE de la CNUDCI: Pourquoi «les autres questions» ont une véritable importance (Phase 2 of the UNCITRAL ISDS Review: Why ‘Other Matters’ Really Matter)

Osgoode Legal Studies Research Paper
Number of pages: 21 Posted: 27 Mar 2019
Working Paper Series
York University - Osgoode Hall Law School, University of Auckland - Faculty of Law and University of Toronto - Faculty of Law
Downloads 4
2.

Law as a Social Construction and Conceptual Legal Theory

38 Law and Philosophy, Forthcoming
Number of pages: 16 Posted: 27 Mar 2019
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 18
3.

Using Tickets in Employment Standards Inspections: Deterrence As Effective Enforcement in Ontario, Canada?

Rebecca Casey, Eric Tucker, Leah F. Vosko and Andrea M. Noack, “Using Tickets in Employment Standards Inspections: Deterrence as Effective Enforcement in Ontario, Canada?” (2018) 29 Economic and Labour Relations Review 228-249 DOI: 10.1177/1035304618769772., Osgoode Legal Studies Research Paper ,
Number of pages: 32 Posted: 14 Mar 2019
Accepted Paper Series
York University, York University - Osgoode Hall Law School, York University - Faculty of Liberal Arts & Professional Studies and Ryerson University
Downloads 4
4.

Phase 2 of the UNCITRAL ISDS Review: Why ‘Other Matters’ Really Matter

Osgoode Legal Studies Research Paper
Number of pages: 15 Posted: 06 Feb 2019 Last Revised: 10 Feb 2019
Working Paper Series
University of Auckland - Faculty of Law, University of Toronto - Faculty of Law and York University - Osgoode Hall Law School
Downloads 34
5.

The Humour in My Tumour: Respecting Legal Capacity in Health-Care Decision-Making

Eilionoir Flynn, Ann Arstein-Kerslake, Cliona de Bhalis & Maria Laura Serra (eds.). Global Perspectives on Legal Capacity Reform: Our Voices, Our Stories, London: Routledge (2019), Osgoode Legal Studies Research Paper
Number of pages: 14 Posted: 31 Jan 2019
Accepted Paper Series
Independent and Osgoode Hall Law School
Downloads 13
6.

Article 6 – Women with Disabilities

I. Bantekas, D. Anastasiou & M. Stein (eds.) The UN Convention on the Rights of Persons with Disabilities Commentary, Oxford: Oxford University Press (2018), Osgoode Legal Studies Research Paper
Number of pages: 32 Posted: 31 Jan 2019
Accepted Paper Series
York University, Schulich School of Business, Students and Osgoode Hall Law School
Downloads 17
7.

Comments on Judicial Independence and Impartiality in ISDS: A Paper Prepared for the UNCITRAL Working Group III

Number of pages: 20 Posted: 30 Jan 2019
Working Paper Series
York University - Osgoode Hall Law School and York University - Osgoode Hall Law School
Downloads 32
8.

Self-Determination and Indigenous Peoples in International Law

American Indian Law Review, Vol. 31, No. 2, Symposium: Lands, Liberties, andLegacies: Indigenous Peoples and International Law (2006/2007), pp. 375-399
Number of pages: 26 Posted: 27 Jan 2019
Working Paper Series
National Research University Higher School of Economics
Downloads 4
9.

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

Osgoode Legal Studies Research Paper Forthcoming
Number of pages: 35 Posted: 09 Jan 2019 Last Revised: 20 Mar 2019
Working Paper Series
York University - Osgoode Hall Law School
Downloads 40
10.

Cripping the Ethics of Disability Arts Research

Chapter 13: Cripping the ethics of disability arts research in C. Macleod, J. Marx, P. Mnyaka & G. Treharne (eds.). The Palgrave Handbook of Ethics in Critical Research. Switzerland: Palgrave MacMillan Press (2018) 257-272.
Number of pages: 24 Posted: 12 Dec 2018
Accepted Paper Series
University of Guelph, University of Guelph and Osgoode Hall Law School
Downloads 2
11.

Cultivating Disability Arts in Ontario

(2018) Vol. 40 (3) Review of Education, Pedagogy, and Cultural Studies, pp. 249-264
Number of pages: 15 Posted: 12 Dec 2018
Accepted Paper Series
Ryerson University, University of Guelph, Trent University, University of Guelph and Osgoode Hall Law School
Downloads 2
12.

Seeking Justice by Plea: The Prosecutor's Ethical Obligations During Plea Bargaining

63:1 McGill L.J. 45
Posted: 11 Dec 2018
Accepted Paper Series
York University - Osgoode Hall Law School
13.

Payment Transactions Under the EU Second Payment Services Directive (PSD2) – An Outsider’s View

Texas International Law Journal, 2018
Number of pages: 36 Posted: 11 Dec 2018
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 52
14.

Fit or Fitting In: Deciding Against Normal When Reproducing the Future

Continuum: Journal of Media and Cultural Studies 31:3 (2017) pp. 341-351
Number of pages: 19 Posted: 29 Nov 2018
Accepted Paper Series
Osgoode Hall Law School and University of Technology Sydney, Faculty of Law
Downloads 7
15.

Imagining Disability Futurities

Hypatia: A Journal of Feminist Philosophy 32:2 (2017) pp. 213-229
Number of pages: 17 Posted: 29 Nov 2018
Accepted Paper Series
University of Guelph, Ryerson University, University of Ontario Institute of Technology, Trent University, University of Sheffield, Osgoode Hall Law School and University of Guelph
Downloads 4
16.

Critical Copyright Law and the Politics of 'IP'

Draft chapter for Emilios Christodoulidis, Ruth Dukes & Marco Goldoni (eds), Research Handbook on Critical Legal Theory (Edward Elgar Press, 2019 Forthcoming)
Number of pages: 30 Posted: 26 Nov 2018
Accepted Paper Series
Osgoode Hall Law School, York University, Toronto
Downloads 123
17.

Risk and the Role of the Judge: Lessons from Bail

“Risk and the Role of the Judge: Lessons from Bail” in Benjamin L. Berger, Emma Cunliffe, and James Stribopoulos, eds., To Ensure that Justice is Done: Essays in Memory of Marc Rosenberg (Toronto: Thomson Reuters, 2017), 305-326,
Number of pages: 22 Posted: 16 Nov 2018
Accepted Paper Series
York University - Osgoode Hall Law School and Superior Court of Justice (Ontario) / Formerly Osgoode Hall Law School, York University
Downloads 36
18.

Regulating Critical Mass: Performativity and City Streets

37 Windsor Review of Legal Issues 98-117 (2016)
Number of pages: 20 Posted: 15 Nov 2018
Accepted Paper Series
Allard School of Law
Downloads 8
19.

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

“Assessing Adler: The Weight of Constitutional History and the Future of Religious Freedom” National Journal of Constitutional Law (2018 Forthcoming),
Number of pages: 34 Posted: 14 Nov 2018
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 46
20.

What Humility Isn’t: Responsibility and the Judicial Role

“What Humility Isn’t: Responsibility and the Judicial Role” in Daniel Jutras and Marcus Moore, eds., The Chief: Essays in Honor of Chief Justice Beverley McLachlin (Forthcoming),
Number of pages: 28 Posted: 14 Nov 2018
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 51
21.

Religious Freedom in Canada: A Crucible for Constitutionalism

“Religious Freedom in Canada: A Crucible for Constitutionalism” [2018] 1 Quaderni di Diritto e Politica Ecclesiastica 111-125,
Number of pages: 18 Posted: 13 Nov 2018
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 41
22.

Liberal Constitutionalism and the Unsettling of the Secular

“Liberal Constitutionalism and the Unsettling of the Secular” in Rex Adhar, ed., Research Handbook on Law and Religion (Northampton, Mass: Edward Elgar, 2018), 198-220.,
Number of pages: 34 Posted: 12 Nov 2018
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 56
23.

Regulating Strikes in Essential Services: Canada

Regulating Strikes in Essential Services: A Comparative 'Law in Action' Perspective, eds. Moti Mironi and Monika Schlachter (The Netherlands: Wolter-Kluwers, 2018), pps. 107-144; ISBN 978-90-411-8997-4, Osgoode Legal Studies Research Paper
Number of pages: 50 Posted: 07 Nov 2018
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 17
24.

The International Tax Environment and Simplification of South African Tax Legislation: A Double-Edged Sword

Number of pages: 51 Posted: 05 Nov 2018
Working Paper Series
York University - Osgoode Hall Law School and University of Pretoria
Downloads 21
25.

McLachlin’s Law: In All Its Complex Majesty

First published in The Supreme Court Law Review, Second Series, Vol.88. Reprinted with permission. (2019)
Number of pages: 34 Posted: 01 Oct 2018 Last Revised: 16 Feb 2019
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 17
26.

‘Energy Without Injustice’? Indigenous Ownership of Renewable Energy Generation

In Atapattu, Gonzalez & Sara Seck eds., Environmental Justice, Sustainable Development and the Social Pillar / The Cambridge Handbook on Environmental Justice and Sustainable Development (Cambridge, Forthcoming).
Number of pages: 28 Posted: 01 Oct 2018
Accepted Paper Series
York University - Osgoode Hall Law School and York University - Osgoode Hall Law School
Downloads 26
27.

Ishaq v Canada: 'Social Science Facts' in Feminist Interventions

Windsor Yearbook of Access to Justice, Vol. 35, 2018
Number of pages: 28 Posted: 29 Sep 2018
Accepted Paper Series
York University, Osgoode Hall Law School
Downloads 25
28.

'Sacrifice Zones' in the Green Energy Economy: Toward an Environmental Justice Framework

62:3 McGill LJ 861
Number of pages: 38 Posted: 21 Sep 2018
Accepted Paper Series
York University - Osgoode Hall Law School and Carleton University, Department of Law & Legal Studies, Institute of Political Economy
Downloads 12
29.

Judicial Review of Refugee Determinations (II): Revisiting the Luck of the Draw

Queen's Law Journal, Forthcoming
Number of pages: 23 Posted: 17 Sep 2018 Last Revised: 08 Dec 2018
Working Paper Series
York University - Osgoode Hall Law School
Downloads 401
30.

Labour Law and Transnational Law: The Fate of Legal Fields / The Trajectory of Legal Scholarship

Osgoode Legal Studies Research Paper Forthcoming
Number of pages: 14 Posted: 07 Aug 2018
Working Paper Series
York University - Osgoode Hall Law School
Downloads 25
31.

Labour Law in Post-Democratic and Post-Liberal Societies: A Case of Cognitive Dissonance

Number of pages: 4 Posted: 07 Aug 2018
Working Paper Series
York University - Osgoode Hall Law School
Downloads 31
32.

An Empirical Comparison of Insider Trading Enforcement in Canada and the United States

Osgoode Legal Studies Research Paper
Number of pages: 35 Posted: 29 Jun 2018 Last Revised: 23 Oct 2018
Working Paper Series
University of Toronto - Faculty of Law, New York University School of Law, University of Michigan Law School and York University - Osgoode Law School
Downloads 186
33.

Not All Law Is an Artifact: Jurisprudence Meets the Common Law

Law As an Artifact (Luka Burazin & Kenneth Einar Himma eds., 2018), Osgoode Legal Studies Research Paper Forthcoming
Number of pages: 40 Posted: 14 Jun 2018 Last Revised: 23 Jul 2018
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 120
34.

The Right to Protest, Freedom of Expression, and Freedom of Association

The Right to Protest, Freedom of Expression, and Freedom of Association Oxford Handbook of Canadian Constitutional Law (2017), Osgoode Legal Studies Research Paper No. 1
Number of pages: 19 Posted: 14 Jun 2018
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 51
35.

Law School as Social Innovation

Osgoode Legal Studies Research Paper
Number of pages: 12 Posted: 22 May 2018
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 36
36.

Location Specific Advantages: A Rising Disruptive Factor in Transfer Pricing

Bulletin for International Taxation, May 2017, Osgoode Legal Studies Research Paper No. 77
Posted: 09 May 2018
Accepted Paper Series
York University - Osgoode Hall Law School and York University - Osgoode Hall Law School
37.

The Early Years (1985-2000): Pioneering the Charter

Chapter 6, Canada's Constitutional Democracy: The 150th Anniversary Celebration, 2017, ISBN: 9780433494577, Osgoode Legal Studies Research Paper
Number of pages: 14 Posted: 09 May 2018
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 18
38.

Payment Transactions Under the EU Payment Services Directive: A U.S. Comparative Perspective

Penn State International Law Review, Vol. 27, 2009, Comparative Perspective" (2009) p. 713 - 756, Osgoode Legal Studies Research Paper No. 2
Number of pages: 46 Posted: 08 May 2018
Working Paper Series
York University - Osgoode Hall Law School

Multiple version iconThere are 2 versions of this paper

Downloads 21
39.

Fiery Foundations of Federalism: The Enduring Legacy of Citizens Insurance Co v. Parsons

Law Society of Upper Canada, Special Lectures 2017: Canada at 150 - The Charter and the Constitution (Toronto: Irwin Law, 2018), Osgoode Legal Studies Research Paper
Number of pages: 15 Posted: 02 May 2018
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 25
40.

Carrying Little Sticks: Is There a ‘Deterrence Gap’ in Employment Standards Enforcement in Ontario, Canada?

International Journal of Comparative Labour Law 35, no. 1 (2019): 1–30,
Number of pages: 30 Posted: 20 Apr 2018 Last Revised: 07 Mar 2019
Accepted Paper Series
York University - Osgoode Hall Law School, York University - Faculty of Liberal Arts & Professional Studies, York University, York University, York University and Ryerson University
Downloads 27
41.

Textual Privacy and Mobile Information

Osgoode Legal Studies Research Paper No. 49
Number of pages: 54 Posted: 19 Apr 2018
Working Paper Series
University of Toronto - Faculty of Law
Downloads 39
42.

Protecting the Tax Base in a Digital Economy

United Nations Handbook on Selected Issues in Protecting the Tax Base of Developing Countries, June 2015, ISBN: 978-92-1-159109-5, Osgoode Legal Studies Research Paper No. 78
Number of pages: 46 Posted: 19 Apr 2018
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 366
43.

International Taxation in China: A Contextualized Analysis

International Taxation in China: A Contextualized Analysis (IBFD, 2016), ISBN: 978-90-8722-380-9, Osgoode Legal Studies Research Paper No. 76
Number of pages: 46 Posted: 30 Mar 2018
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 103
44.

Source of Income and Canadian International Taxation

Income Tax at 100 Years: Essays and Reflections on the Income War Tax Act, Canadian Tax Foundation, 2017, ISBN: 978-0-88808-298-5, Osgoode Legal Studies Research Paper No. 75
Number of pages: 24 Posted: 30 Mar 2018
Accepted Paper Series
York University - Osgoode Hall Law School and Blake, Cassels & Graydon LLP
Downloads 29
45.

Celebrating the Centennial of Income War Tax Act, 1917: The Future by the Light of 100 Candles

Income Tax at 100th Years: Essays and Reflections on the Income War Tax Act, Canadian Tax Foundation, 2017, ISBN: 978-0-88808-298-5, Osgoode Legal Studies Research Paper No. 74
Number of pages: 13 Posted: 30 Mar 2018
Accepted Paper Series
York University - Osgoode Hall Law School and Blake, Cassels & Graydon LLP
Downloads 19
46.

Consultation Paper on Tax Planning Using Private Corporations

Osgoode Legal Studies Research Paper No. 73
Number of pages: 28 Posted: 30 Mar 2018
Working Paper Series
York University - Osgoode Hall Law School
Downloads 36
47.

Law, Metaphor, and the Encrypted Machine

Osgoode Legal Studies Research Paper No. 72, Volume 13, Issue 16, 2018
Number of pages: 39 Posted: 13 Mar 2018
Accepted Paper Series
University of Toronto, Munk School of Global Affairs, Citizen Lab

Multiple version iconThere are 2 versions of this paper

Downloads 64
48.

Administrative Constitutionalism and the Unity of Public Law

Osgoode Legal Studies Research Paper No. 71
Number of pages: 51 Posted: 12 Mar 2018 Last Revised: 16 Mar 2018
Working Paper Series
University of Alberta - Faculty of Law
Downloads 71
49.

Strategic Behavior and Leadership Patterns of Modern Chief Justices

Osgoode Legal Studies Research Paper No. 70
Number of pages: 48 Posted: 12 Mar 2018
Working Paper Series
York University - Osgoode Hall Law School and York University - Osgoode Hall Law School
Downloads 26
50.

Globalizing User Rights-Talk: On Copyright Limits and Rhetorical Risks

AM. U. INT’L L. REV. Vol 33, No. 1, 2017, Osgoode Legal Studies Research Paper,
Number of pages: 73 Posted: 01 Feb 2018
Accepted Paper Series
Osgoode Hall Law School, York University, Toronto
Downloads 58