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JUDICIAL SYSTEMS (23 journals)

Showing 1 - 21 of 21 Journals sorted alphabetically
American Business Law Journal     Hybrid Journal   (Followers: 25)
Australian Journal of Maritime and Ocean Affairs     Hybrid Journal   (Followers: 9)
Berkeley Journal of Middle Eastern & Islamic Law     Open Access   (Followers: 3)
Court Review : The Journal of the American Judges Association     Open Access   (Followers: 1)
Das Juristische Büro     Hybrid Journal  
De Jure: Jurnal Hukum dan Syar'iah     Open Access   (Followers: 4)
GesundheitsRecht     Hybrid Journal   (Followers: 2)
Industrial Law Journal     Hybrid Journal   (Followers: 30)
International Comparative Jurisprudence     Open Access   (Followers: 2)
Issues in Legal Scholarship     Hybrid Journal   (Followers: 8)
Jahrbuch der juristischen Zeitgeschichte     Hybrid Journal   (Followers: 5)
Journal of Tort Law     Hybrid Journal   (Followers: 2)
JURA - Juristische Ausbildung     Hybrid Journal   (Followers: 9)
Justice System Journal     Hybrid Journal   (Followers: 6)
Justicia Islamica     Open Access  
Medical Law Review     Hybrid Journal   (Followers: 24)
Owen Dixon Society eJournal     Open Access   (Followers: 2)
Washington University Jurisprudence Review     Open Access   (Followers: 3)
Windsor Yearbook of Access to Justice     Open Access   (Followers: 3)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 18)
Zeitschrift für Rechtssoziologie     Hybrid Journal   (Followers: 2)
Similar Journals
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Windsor Yearbook of Access to Justice
Number of Followers: 3  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0710-0841
Published by U of Windsor Homepage  [5 journals]
  • Intersectionality: A Means for Addressing the Needs of Children with
           Mental Health Issues who are Engaged with the Family Law and Criminal
           Justice Systems'

    • Authors: Jennifer Bergman
      Pages: 115 - 137
      Abstract: Huge numbers of children in Canada suffer from mental health issues, yet only a fraction gets needed supports and services.  Left untreated, childhood mental illnesses carry serious consequences for children, families, and society as a whole.  This public health crisis is significantly more pronounced for children who are engaged with the family law (child welfare) and youth criminal justice systems (“crossover youth”).  Crossover youth face multiplicative challenges, including disproportionate rates of mental health issues.  In this article, I explore how the failure to provide crossover youth with needed supports and services, and the related dire consequences suffered by these children and society more generally (e.g. deteriorating mental health, repeated engagement in the criminal justice system) is tied to the failure in the family law (child welfare) and youth criminal justice systems to recognize the effects of the intersection of the various challenges and disadvantages (e.g. poverty, racism, instability) experienced by these children. I describe the paradigm of intersectionality, and argue that the adoption of an intersectional approach by the family law (child welfare) and youth criminal justice systems is imperative in order for the legal system to meet its mandate and protect and promote the well-being of these vulnerable children.
      PubDate: 2020-09-18
      DOI: 10.22329/wyaj.v36i0.6415
      Issue No: Vol. 36 (2020)
  • Discrimination and the Private Law in Canada: Reflections on Spence v. BMO
           Trust Co.

    • Authors: Jane Thomson
      Pages: 138 - 163
      Abstract: Discrimination has long been identified as detrimental to the basic functioning of multicultural countries like Canada. While governments have adopted constitutional law and passed human rights legislation to combat and control discrimination, these laws are inapplicable to a significant portion of Canadian law. Areas of private law, such as wills and trusts are therefore more vulnerable to use by individuals seeking to perpetuate discrimination. The main way that courts in Canada have dealt with this issue is through the use of the doctrine of public policy. As early as the 19th century, private law provisions viewed as restraining another’s freedom of religion or perpetuating discrimination on grounds such as race, ethnicity, or sexual orientation have been found contrary to public policy by Canadian courts and voided accordingly. While the uniquely Canadian jurisprudence in this area continues to evolve, until quite recently, its trajectory appeared to be one of expansion. However, the latest appellate level decision in this area,Spence v. BMO Trust Co., appears to have changed the course of this jurisprudence.  In Spence, the Ontario Court of Appeal found that certain testamentary clauses, no matter how discriminatory in nature, can never be subject to a public policy review. This article argues that while the result of Spence was likely correct on its particular facts, the reasoning of that decision goes too far in its attempt to limit the doctrine’s applicability with respect to discrimination in the private law. Parts of the decision in Spence ignore the key message of past decisions in this area concerning the danger of uncensored discrimination in Canadian society. While reasonable people may disagree on the outcome of any given public policy inquiry, a point that should attract consensus is that the private law should never be an unexamined and impenetrable shelter for discrimination. However, Spence effectively creates an area of the private law immune to legal scrutiny by precluding the use of the common law doctrine that has been used to directly confront and censure discrimination in Canadian private law.
      PubDate: 2020-09-18
      DOI: 10.22329/wyaj.v36i0.6416
      Issue No: Vol. 36 (2020)
  • Legal Technology and the Future of Women in Law

    • Authors: Kayal Munisami
      Pages: 164 - 183
      Abstract: Much has been written about how automation will change the legal profession as a whole, less so about how automation might affect women in legal practice. This paper briefly maps the likely changes that legal tech (legal technology) will bring to the provision of legal services, and explores how these changes might affect the barriers to advancement that women face in the profession. It determines that, while the use of legal tech may improve women’s work/life balance and overall job satisfaction by bringing about more flexible working hours, positive changes to the billing hours’ system, and fairer hiring and promotion mechanisms, an unfettered inclusion of legal tech might lead to increased working hours for less wages, increased competition for case files among associates, and the perpetuation of existing gender biases when using algorithms in the hiring and promotion process. Finally, the paper makes several recommendations on how law societies, bar associations and other relevant regulatory bodies could ensure that legal tech promotes rather than hinders Equality & Diversity in the legal profession. It proposes that: (1) detailed data on men and women lawyers should be collected to better inform equality and diversity policies; (2) law firms should be required to report on their progress in pursuing equality and diversity; (3) management techniques to promote work/life balance and more flexible pricing systems should be encouraged; (4) female entrepreneurship in legal tech should be promoted; and, (5) technological due process procedures should be required when using algorithms in law firm management to ensure fairness, accuracy and accountability.
      PubDate: 2020-09-18
      DOI: 10.22329/wyaj.v36i0.6418
      Issue No: Vol. 36 (2020)
  • Improving Access to Justice: Do Contingency Fees Really Work'

    • Authors: Allan C. Hutchinson
      Pages: 184 - 192
      Abstract: While not touted as a universal panacea for access problems, contingency fees have received general praise as an important and justice-improving initiative.  By back-loading the payment of legal fees, the assumption is that the interests of clients and litigants will be better served.  I challenge that received wisdom.  While the rise of contingency fee agreements between lawyers and clients has increased the number of people who can afford lawyers and make successful claims, the more challenging issue is whether that increase is being achieved at too high a price to clients and litigants – while more people are able to bring a case, which they could not otherwise have done, they will be receiving far less than they might actually be entitled to.  In short, do contingency fees work as much or more to the advantage of lawyers than clients'  I suggest not.
      PubDate: 2020-09-18
      DOI: 10.22329/wyaj.v36i0.6419
      Issue No: Vol. 36 (2020)
  • Access To Justice, Moral Distance And Changing Demands On Law

    • Authors: Roger Cotterrell
      Pages: 193 - 209
      Abstract: This paper reflects theoretically on the concept of access to justice – focusing in turn on each of its limbs – the idea of justice and that of access. ‘Justice’ is considered here not philosophically but socio-legally in terms of a spectrum of types of justice-demands made in relation to law. The idea of ‘access’ is analysed by drawing on socio-legal theory concerned with the remoteness of lawmakers from citizens. The aim is to put the concept of access to justice into a wide theoretical context that highlights changing demands on law and new socio-legal conditions – especially those associated with contemporary multiculturalism and the increasingly significant transnational dimensions of law. The paper argues that these demands and conditions make such a wide view timely and necessary. It proposes that an analysis of relations of law and solidarity taken from Durkheimian sociology can help in clarifying the possibilities and limits of state receptiveness to access to justice demands.
      PubDate: 2020-09-18
      DOI: 10.22329/wyaj.v36i0.6420
      Issue No: Vol. 36 (2020)
  • Navigating Power and Claiming Justice: Tenant Experiences at
           Saskatchewan’s Housing Law Tribunal

    • Authors: Sarah Buhler, Rachel Tang
      Pages: 210 - 230
      Abstract: This article discusses a qualitative interview project where twenty tenants shared their experiences about having hearings at the Office of Residential Tenancies [the ORT], Saskatchewan’s housing law tribunal.  The interviews provide insights into housing problems faced by tenants, their experiences with self-representation at the ORT, and their reflections about the outcomes of their cases.  We analyze how tenants prepared for their hearings, their experiences of the hearing process, and their perceptions of fairness throughout the process.  We then discuss participants’ assessments of whether they received “justice” at the ORT. The interviews illuminate the ways that the same patterns of power and inequality that produce housing problems in the first place persist but are also occasionally interrupted and exposed in the housing tribunal process.  They show also that tenants use the ORT to make important claims about justice and to resist landlord power in the face of larger patterns of inequality and exploitation.
      PubDate: 2020-09-18
      DOI: 10.22329/wyaj.v36i0.6421
      Issue No: Vol. 36 (2020)
  • L’égalité réelle et la mise en œuvre
           intégrale du principe de Jordan

    • Authors: Anne Levesque
      Pages: 231 - 248
      Abstract: This paper deals with the problems and delays that have occurred in the implementation of Jordan’s Principle within the Government of Canada. The paper first provides an overview of the allegations of discrimination made by the Assembly of First Nations and the First Nations Child and Family Caring Society in their human rights complaint against Canada regarding the jurisdictional disputes and lack of coordination between the various levels of government and between government departments and the harmful impact they have on First Nations children. It then summarizes the initial decision of the Canadian Human Rights Commission [CHRC] in January 2016 concerning Jordan’s Principle. The problems and delays associated with implementation of the CHRC decision are examined, and the May 2017 CHRC order compelling Canada to take concrete measures to comply with its initial decision is reviewed in detail. The final part of the paper advances the position that in order to genuinely ensure substantive equality in Canadian society, Canada must be more proactive in identifying and remedying its discriminatory practices. In this case, putting the Spirit Bear Plan into effect within the Canadian government offers a promising way forward for ending injustices in the delivery of public services for First Nations children.
      PubDate: 2020-09-18
      DOI: 10.22329/wyaj.v36i0.6422
      Issue No: Vol. 36 (2020)
  • The Prospects for Customary Law in Transitional Justice: The Case of Fiji

    • Authors: Joanna R Quinn
      Pages: 249 - 262
      Abstract: The use of customary law shows real promise in addressing the challenges that arise when confronting the legacies of past human rights abuses and atrocities.  Unlike typical transitional justice mechanisms like trials, truth commissions, and reparations programs, customary practices are community-based and well-known to the people who use them.  Indeed, customary practices could be used in transitional societies in place of “foreign” practices to bring about the same objectives.  This paper considers the role that customary law plays in Fiji.  It further assesses the prospects for the use of customary, traditional law in situations where transitional justice is called for.
      PubDate: 2020-09-18
      DOI: 10.22329/wyaj.v36i0.6424
      Issue No: Vol. 36 (2020)
  • Where The Sidewalk Ends: The Governance Of Waterfront Toronto’s
           Sidewalk Labs Deal

    • Authors: Alexandra Flynn, Mariana Valverde
      Pages: 263 - 283
      Abstract: In May 2020 Sidewalk Labs, the Google-affiliated ‘urban innovation’ company, announced that it was abandoning its ambition to build a ‘smart city’ on Toronto’s waterfront and thus ending its three-year relationship with Waterfront Toronto. This is thus a good time to look back and examine the whole process, with a view to drawing lessons both for the future of Canadian smart city projects and the future of public sector agencies with appointed boards. This article leaves to one side the gadgets and sensors that drew much attention to the proposed project, and instead focuses on the governance aspects, especially the role of the public ‘partner’ in the contemplated public-private partnership. We find that the multi-government agency, Waterfront Toronto, had transparency and accountability deficiencies, and failed to consistently defend the public interest from the beginning (the Request for Proposals issued in May of 2017).  Because the public partner in the proposed ‘deal’ was not, as is usually the case in smart city projects, a municipal corporation, our research allows us to address an important question in administrative law, namely: what powers should administrative bodies outside of government have in crafting smart city policies' In Canada, the comparatively limited Canadian scholarly work regarding urban law and governance has mainly focused on municipal governments themselves, and this scholarly void has contributed to the fact that the public is largely unaware of the numerous local bodies that oversee local matters beyond municipal governments.  This paper hones into the details of the WT-Sidewalk Labs partnership to understand the powers and limitations of WT in assuming a governmental role in establishing and overseeing ‘smart city’ relationships. It ultimately argues that WT has not been – nor should it be – empowered to create a smart city along Toronto’s post-industrial waterfront. Such tasks, we argue, belong to democratic bodies like municipalities. An important contribution of this paper is to situate the evolving role of public authorities in the local governance literature and in the context of administrative law.
      PubDate: 2020-09-18
      DOI: 10.22329/wyaj.v36i0.6425
      Issue No: Vol. 36 (2020)
  • Caught By Private Law: A Review Of Visitors’ Jurisdiction In Canada

    • Authors: Adam Strombergsson-Denora
      Pages: 284 - 304
      Abstract: Visitors, an office in charitable corporations that occupies the position of the Superior Court in all matters pertaining to the charity, are a forgotten area of law in Canada. This article resurrects the jurisdiction by explaining its utility for university corporations. Visitors are private courts of appeal from university decisions. They are empowered to adjudicate academic as well as legal disputes relating to relationships between the university, its officers, its professors, and its students. The article lays out the private law origins of the office and contrasts this approach with the administrative law model more recently in vogue. The administrative law approach to visitation has, over the course of the twentieth century, eroded the jurisdiction, yet it appears from Canadian practice that the jurisdiction remains eminently useful across the country. The article details just how the visitor’s office has been used in Canadian universities beginning in 1803 going up to 1992. In so doing, the office’s strong points as well as its weaknesses are discussed.
      PubDate: 2020-09-18
      DOI: 10.22329/wyaj.v36i0.6431
      Issue No: Vol. 36 (2020)
  • Introduction - Corporate Social Responsibility

    • Authors: Vanisha Sukdeo
      Pages: 1 - 2
      Abstract: Introduction
      PubDate: 2019-12-11
      DOI: 10.22329/wyaj.v36i0.6064
      Issue No: Vol. 36 (2019)
  • Green Illusions: Governing CSR Aesthetics

    • Authors: Benjamin J. Richardson
      Pages: 3 - 35
      Abstract: This article makes a novel argument that governance of corporate environmental activities should recognize that the business corporation is an aesthetic phenomenon, including the environmental practices and communications undertaken in the name of “corporate social responsibility” [CSR]. Corporate identities and CSR practices are aesthetically projected through logos, trademarks, websites, the presentation of products and services, stylish offices, company uniforms, and other aesthetic artefacts. This corporate “branding” dovetails with the broader aestheticization of our pervasive media and consumer culture. Aesthetics has particular salience in CSR for influencing, and sometimes misleading, public opinion about corporate environmental performance. Consequently, in disciplining unscrupulous corporate behaviour, governance methods must be more responsive to such aesthetic characteristics. The green illusions of business communications create difficulties for regulation, which is better suited to disciplining discrete misleading statements about retailed products or trademarks rather than tackling the broader aesthetic character of business and the marketplace. The article suggests that non-state actors who are more sensitive to aesthetics can help to fill some of this governance void. The “counter-aesthetic” strategies of social and environmental activist groups can inject a subversive narrative that can help to unmask these green illusions. Although the history of such tactics suggests they probably have only a modest effect in challenging corporate deception, the law can assist by protecting public spaces from corporate marketing and sponsorship.
      PubDate: 2019-12-11
      DOI: 10.22329/wyaj.v36i0.6065
      Issue No: Vol. 36 (2019)
  • Dominium and The Empire of Laws

    • Authors: Fenner L. Stewart
      Pages: 36 - 62
      Abstract: Civic republicanism endorses a freedom ideology that can support the corporate social responsibility movement [CSR] in some of the challenges it faces. This article is a call for CSR to embrace this normative guidance as a superior alternative to mainstream liberalism. Part I is the introduction. Part II discusses the institutional changes that gave rise to CSR’s present incarnation. Part III builds upon this discussion, explaining how corporate risk management strategies pose a threat to CSR’s persuasive authority today. It then considers CSR’s options for enhancing governance when such persuasive authority is not available. It determines that inspiring integrity – above all else – is integral to success and that, in turn, the removal of moral distance is key to inspiring such integrity. It also notes that whether a form of coercive authority exists or not to back a governance mechanism, the removal of moral distance will be key to its effectiveness. Part IV notes that efforts to remove moral distance have been attempted since the 1970s, but time has proven that business actors have been resilient to meaningful change. It argues that this failure to reduce moral distance is, in part, the result of mainstream liberalism, which continues to nullify such efforts to make business actors feel more accountable for the impacts of their decision-making. It then explores liberalism, detangling the meaning of possibly the most contested, and normatively powerful, concept from the twentieth century to the present. Part V explains civic republicanism. It then explores civic republicanism’s conceptual proximity to liberalism. Part VI makes the case for why civic republicanism ought to amend the liberal message, recasting the rights and responsibilities of both imperium (that is, the authority of the sovereign) and dominium (that is, the private authority usually emanating from property and contract) within society. Part VII concludes with a short reflection on the ground covered.
      PubDate: 2019-12-11
      DOI: 10.22329/wyaj.v36i0.6066
      Issue No: Vol. 36 (2019)
  • The Impact of Whistleblowing Awards Programs on Corporate Governance

    • Authors: Janet Austin, Sulette Lombard
      Pages: 63 - 83
      Abstract: Since the introduction of a whistle-blower awards program by the US Securities and Exchange Commission in 2010, securities regulators in other countries, including Canada, have adopted, or are considering adopting, similar programs. For example, in 2016, the Ontario Securities Commission adopted its own whistle-blower award program. Although the primary main reason for these programs is to encourage the reporting of securities violations to the regulator, they could also have an impact on corporate governance. This is because the implementation of such a program may prod companies to design, and then instigate, a more effective internal whistle-blowing system. A truly successful internal whistle-blowing system can enable a company to detect and correct potential wrongdoing before it causes significant harm. This article closely examines this connection between whistle-blowing award programs, companies’ compliance and risk management systems, and how a whistle-blowing award program might well result in more effective internal whistle-blowing systems without the need for a regulator to resort to the imposition of prescriptive rules. As such, this article reflects upon how whistle-blower award programs fit within new governance regulatory theory that challenges traditional “command-and-control-type”regulation in favour of an outcome-driven approach.
      PubDate: 2019-12-11
      DOI: 10.22329/wyaj.v36i0.6067
      Issue No: Vol. 36 (2019)
  • The Global Social Enterprise Lawmaking Phenomenon: State Initiatives on
           Purpose, Capital, and Taxation

    • Authors: Carol Liao, Elsir U. Tawfik, Pat Teichreb
      Pages: 84 - 114
      Abstract: New laws designed to foster and govern social enterprises are propagating throughout the world. Beyond American initiatives, relatively little has been written to date on the global contagion of lawmaking to address the burgeoning field of social enterprise. Increased corporate lobbying to transplant American “benefit” corporation legislation into other countries, with little sensitivity towards existing legal ecosystems in those nations, has generated an urgency to broaden the literature and unearth the wide range of social enterprise law initiatives occurring across the globe. This article identifies over 40 state initiatives across 30 countries to distinguish this international movement. Critical thematic issues are identified from the available data, in hopes of shifting the focus away from private American interests in non-US countries and adding new knowledge to the development of social enterprise law and policies in the years ahead. This article begins by detailing various ways in which states have defined the purpose of social enterprise and social enterprise-type businesses, including how jurisdictions have experimented between state-run certifications and separate corporate legal structures to meet growing demands from particular sectors and stakeholders. We find that most jurisdictions require social enterprises to have a specific social purpose designed to serve the targeted needs of specific sectors, marginalized groups, and/or vulnerable communities. Next, we examine how new state legislation has sought to ease or restrict capital access for these social enterprises. Finally, we provide a detailed overview of various tax initiatives explored by states to promote and foster social enterprises. We suggest that lawmakers proceed with caution in the development of social enterprise laws, particularly when they are in response to private interest groups, and engage in fulsome discussions on the range of available legal methods to foster social enterprise within their jurisdictions.
      PubDate: 2019-12-11
      DOI: 10.22329/wyaj.v36i0.6068
      Issue No: Vol. 36 (2019)
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Tel: +00 44 (0)131 4513762

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