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2014-01-01

Acorn, Annalise, Clackson, Katherine

Introduction: Yale Law Professor Amy Chua's memoire Battle Hmn of the TigerMotherl created a media sensation. 2 The book struck a powerful chord as hundreds clamoured to register either horror or approval of Chua's confessing to and advocating for a model of mothering that mixes in equal measure...

2014-01-01

Lewans, Matthew

Introduction: The doctrine of judicial deference has been a touchstone in Canadian administrative law for thirty-five years. Put simply, the doctrine recognizes that administrative officials have legitimate authority to interpret the law, which means that judicial review is warranted only if an...

2014

Ollenberger, Adam, Ogbogu, Ubaka, Borry, Pascal, Bergmann, Manuela, Caulfield, Timothy, Nobile, Helene, Toews, Maeghan

Background. Biobanks are an important research resource that provides researchers with biological samples, tools and data, but have also been associated with a range of ethical, legal and policy issues and concerns. Although there have been studies examining the views of different stakeholders,...

2013

O'Byrne, Shannon, Cohen, Ronnie

Introduction: An important goal identified by early feminists was to challenge and even eliminate the distinction between the public and private spheres. Though by no means uniformly, these feminists rejected the liberal notion-broadly stated-that the public sphere (including governmental power)...

2013-01-01

Ogbogu, Ubaka

Introduction: When should health be treated as a subject of criminal law? With respect to health, the Constitution Act, 18671 does not specifically assign legislative authority to any level of government. As a result, Parliament and provincial legislatures can enact laws relating to health. This...

2013-01-01

Yahya, Moin A.

Introduction: In Canada, the financial industry rests upon "four pillars."' These are the securities, insurance, trust, and banking sectors. The first three have been, historically, regulated at the provincial level under the rubric of "property and civil rights," while the fourth has been...

2013

Wood, Roderick J.

Introduction: Two critical questions emerge when considering rescue and liquidation in Canadian restructuring law. The first is whether the use of the traditional restructuring to rescue a financially distressed firm has become a thing of the past - whether it is on its way out and being replaced...

2012

Lewans, Matthew

The author addresses two perennial problems in Canadian administrative law: the choice of a standard of review and the inconsistent application of the reasonableness standard. With these problems in mind, the Supreme Court of Canada in Dunsmuir set out to establish a 'principled framework that is...

2012

Billingsley, Barbara

A litigator I used to work with had a way with metaphors. He once described a legal argument as being a “long arrow with a really short bow” — the implication being that, while impressive and even intimidating at first instance, the argument really did not “fly” and failed to advance the law in a...

2012

Wood, Roderick J.

The article offers information regarding dysfunctional relationship between the Federal Bank Act security system and the provincial Personal Property Security Act (PPSA) regimes. It presents two issues created by federal and a provincial personal property security system including the priority...