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Osgoode Hall Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 719 papers

1.

Is State Neutrality Bad for Indigenous Religious Freedom?

in Jeffrey Hewitt, Beverly Jacobs, and Richard Moon, eds., Indigenous Spirituality and Religious Freedom (Toronto: University of Toronto Press, Forthcoming)
Number of pages: 21 Posted: 15 Jan 2020
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 3
2.

Evidence-Based Jurisprudence: An Essay for Oxford

Analisi e Diritto, 2020
Number of pages: 28 Posted: 17 Dec 2019
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 127
3.

Meanwhile, in Canada... A Surprisingly Sensible Copyright Review

European Intellectual Property Review (Forthcoming)
Number of pages: 13 Posted: 16 Dec 2019
Accepted Paper Series
Osgoode Hall Law School, York University, Toronto
Downloads 52
4.

Discarding Old Prejudices: Judicial Precedent and Aboriginal Title

Osgoode Legal Studies Research Paper Forthcoming
Number of pages: 5 Posted: 13 Dec 2019
Working Paper Series
York University - Osgoode Hall Law School
Downloads 21
5.

Indigenous and Crown Sovereignty in Canada

Number of pages: 11 Posted: 09 Dec 2019
Working Paper Series
York University - Osgoode Hall Law School
Downloads 24
6.

The Louisiana Purchase: Indian and American Sovereignty in the Missouri Watershed

50:1 Western Historical Quarterly 17-42
Number of pages: 27 Posted: 09 Dec 2019
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 18
7.

Legal Realism and Legal Doctrine

Judges and Adjudication in Constitutional Democracies: A View from Legal Realism (Pierluigi Chiassoni & Bogan Spaić eds., 2020 Forthcoming),
Number of pages: 34 Posted: 02 Dec 2019
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 47
8.

Wage Boards for the 21st Century: Revisiting Sectoral Standard-Setting Mechanisms for the Workplace

Number of pages: 18 Posted: 02 Dec 2019
Working Paper Series
York University - Osgoode Hall Law School
Downloads 8
9.

Cryptocurrencies and the Evolution of Banking, Money and Payments

Chris Brummer (ed.) Cryptoassets Legal, Regulatory and Monetary Perspectives (Oxford University Press, 2019) pp.11-38, Osgoode Legal Studies Research Paper
Number of pages: 43 Posted: 31 Oct 2019
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 49
10.

One Step Forward, Two Steps Back? Substantive Equality, Systemic Discrimination and Pay Equity at the Supreme Court of Canada

Forthcoming, (2020), Supreme Court Law Review, 2nd Series, Vol. 94, Osgoode Legal Studies Research Paper
Number of pages: 34 Posted: 28 Oct 2019
Working Paper Series
Osgoode Hall Law School
Downloads 31
11.

Federalism, the Environment and the Charter in Canada

The Law Society of Upper Canada, Special Lectures 2017: Canada at 150: The Charter and the Constitution, (Toronto, 2018), pp. 188-201, Osgoode Legal Studies Research Paper
Number of pages: 30 Posted: 24 Oct 2019
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 12
12.

Investing in Justice: A Literature Review in Support of the Case for Improved Access

2019 Canadian Forum on Civil Justice, Toronto, Canada, Osgoode Legal Studies Research Paper Forthcoming
Number of pages: 98 Posted: 24 Oct 2019
Accepted Paper Series
Canadian Forum on Civil Justice and York University - Osgoode Hall Law School
Downloads 16
13.

Using Incentives to Increase HIV/AIDS Testing by Sex Workers: Evidence from a Randomized Field Experiment in China

40 Law & Pol'y 4 (2018), Osgoode Legal Studies Research Paper Forthcoming
Number of pages: 26 Posted: 18 Oct 2019
Accepted Paper Series
Osgoode Hall Law School

Multiple version iconThere are 2 versions of this paper

Downloads 5
14.

Methods and Severity: The Two Tracks of Section 12

Forthcoming 2019, Supreme Court Law Review (2d), Osgoode Legal Studies Research Paper
Number of pages: 21 Posted: 17 Oct 2019 Last Revised: 21 Nov 2019
Accepted Paper Series
Queen's University - Faculty of Law and York University - Osgoode Hall Law School
Downloads 72
15.

A Chief and Court in Transition: The Wagner Court and the Constitution

Constitutional Cases 2018 (Supreme Court Law Reports; Fall 2019-Winter 2020), Forthcoming, Osgoode Legal Studies Research Paper Forthcoming
Number of pages: 33 Posted: 21 Sep 2019
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 44
16.

BEPS and the Emerging Global Approach to Taxing Multinational Enterprises

Presented at Re-Imagining Tax for the 21st Century: Inspired by the Scholarship of Tim Edgar, February 8-9, 2019 Toronto, Canada., Osgoode Legal Studies Research Paper
Number of pages: 40 Posted: 01 Sep 2019
Working Paper Series
York University - Osgoode Hall Law School, York University, Osgoode Hall Law School, Students and York University, Osgoode Hall Law School, Students
Downloads 99
17.

Contract Damages, Moral Agency, and Henry James’ The Ambassadors

Canadian Journal of Law & Jurisprudence 32:2 pp. 443-471 (2019)
Number of pages: 45 Posted: 29 Aug 2019
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 12
18.

Supreme Court of Canada Cases Strengthen Argument for Municipal Obligation to Discharge Duty to Consult: Time to Put Neskonlith to Rest

Alberta Law Review. Volume 56 Issue 3 (2019), p. 935-950, Osgoode Legal Studies Research Paper
Number of pages: 16 Posted: 17 Jul 2019
Accepted Paper Series
First Peoples Law Corporation and York University - Osgoode Hall Law School
Downloads 12
19.

If There Can Only Be ?One Law?, It Must Be Treaty Law. Learning From Kanawayandan D?aaki

Forthcoming, UNB Law Review, Special Issue on “Puzzles of Pipelines and Riddles of Resources”., Osgoode Legal Studies Research Paper,
Number of pages: 44 Posted: 28 Jun 2019 Last Revised: 09 Jul 2019
Working Paper Series
York University - Osgoode Hall Law School and York University - Osgoode Hall Law School
Downloads 47
20.

The Resilience of Métis Title: Rejecting Assumptions of Extinguishment for Métis Land Rights

Adam Gaudry & Karen Drake, “The Resilience of Métis Title: Rejecting Assumptions of Extinguishment for Métis Land Rights” in Yvonne Boyer & Larry Chartrand, eds, Métis Rising (Forthcoming), Osgoode Legal Studies Research Paper ,
Posted: 20 Jun 2019 Last Revised: 06 Dec 2019
Working Paper Series
University of Alberta and Osgoode Hall Law School at York University
21.

Non-State Community Virtual Currencies

David Fox and Sara Green (eds.), Cryptocurrencies in Public and Private Law (Oxford University Press, 2019) pp. 281-306., Osgoode Legal Studies Research Paper
Number of pages: 26 Posted: 13 Jun 2019
Accepted Paper Series
York University - Osgoode Hall Law School and Central European University (CEU)
Downloads 14
22.

Indigenous Oral Traditions in Court: Hearsay or Foreign Law?

Karen Drake & Brenda L. Gunn, eds, Renewing Relationships: Indigenous Peoples and Canada (Saskatoon: Native Law Centre, 2019)., Osgoode Legal Studies Research Paper
Number of pages: 35 Posted: 01 Jun 2019
Accepted Paper Series
Osgoode Hall Law School at York University
Downloads 40
23.

The Death of the AI Author

Osgoode Legal Studies Research Paper
Number of pages: 42 Posted: 17 May 2019
Working Paper Series
Osgoode Hall Law School, York University, Toronto and University of Ottawa - Common Law Section
Downloads 316
24.

The 'Jus' of Use: Trademarks in Transition

30(2) Intellectual Property Journal 217 (2018), Osgoode Legal Studies Research Paper Forthcoming
Number of pages: 54 Posted: 17 May 2019
Accepted Paper Series
Queen's University - Faculty of Law and Osgoode Hall Law School, York University, Toronto
Downloads 43
25.

Against Circumspection: Judges, Religious Symbols, and Signs of Moral Independence

in Benjamin L Berger and Richard Moon, eds., Religion and the Exercise of Public Authority (Oxford and Portland, OR: Hart Publishing, 2016)., Osgoode Legal Studies Research Paper Forthcoming
Number of pages: 22 Posted: 13 May 2019
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 12
26.

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 9
27.

Law as a Social Construction and Conceptual Legal Theory

38 Law and Philosophy, Forthcoming, Osgoode Legal Studies Research Paper Forthcoming
Number of pages: 16 Posted: 27 Mar 2019
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 136
28.

Error of Law: An Exception to the Discoverability Principle?

Osgoode Hall Law Journal, Vol.58 (Forthcoming)
Number of pages: 36 Posted: 21 Mar 2019 Last Revised: 20 Jan 2020
Accepted Paper Series
Harvard Law School
Downloads 28
29.

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 9
30.

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 85
31.

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 19
32.

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 24
33.

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 65
34.

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
Helsinki Collegium for Advanced Studies
Downloads 25
35.

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 6
36.

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 6
37.

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
38.

Payment Transactions under the E.U. Second Payment Services Directive – An Outsider’s View

54 Tex. Int’l L.J. 212,
Number of pages: 33 Posted: 11 Dec 2018 Last Revised: 24 Nov 2019
Accepted Paper Series
York University - Osgoode Hall Law School
Downloads 102
39.

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 9
40.

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 7
41.

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 162
42.

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, Osgoode Legal Studies Research Paper Forthcoming,
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 57
43.

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 13
44.

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 62
45.

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 84
46.

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 69
47.

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 73
48.

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 33
49.

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 40
50.

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 23