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Osgoode Hall Law School Legal Studies Research Paper Series

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Viewing: 51 - 100 of 751 papers

51.

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 8
52.

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 96
53.

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 63
54.

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 170
55.

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 19
56.

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 18
57.

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 68
58.

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
59.

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 30
60.

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 89
61.

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 736
62.

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 70
63.

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 21
64.

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 17
65.

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 279
66.

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 18
67.

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 184
68.

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 26
69.

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 56
70.

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 126
71.

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 39
72.

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 19
73.

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
74.

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 128
75.

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 12
76.

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 11
77.

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 224
78.

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 85
79.

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 22
80.

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 73
81.

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 105
82.

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 84
83.

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 81
84.

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 70
85.

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 89
86.

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 28
87.

‘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 91
88.

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 82
89.

'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 56
90.

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
Centre for Refugee Studies & Osgoode Hall Law School, York University
Downloads 627
91.

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 51
92.

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 57
93.

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 345
94.

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 152
95.

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 118
96.

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 49
97.

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
98.

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 26
99.

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 40
100.

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 172