{"title":"Neurointerventions, Crime, and Punishment: Ethical Considerations by Jesper Ryberg","authors":"Fiona Sarazin","doi":"10.60082/2817-5069.3687","DOIUrl":"https://doi.org/10.60082/2817-5069.3687","url":null,"abstract":"","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46288852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment by Stephen Waddams","authors":"A. C. Airhart","doi":"10.60082/2817-5069.3685","DOIUrl":"https://doi.org/10.60082/2817-5069.3685","url":null,"abstract":"","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46879748","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
What does “Indigenous feminist legal pedagogy” mean? This article takes up this inquiry through an analysis of interviews that were done with twenty-three professors who teach in the area of Indigenous law (Indigenous peoples’ own laws) in Canada. Overwhelmingly, the professors were on board with the idea that gender matters and that it needs to be included in education about Indigenous laws, but how people were taking up gender, and the responses as they relate to Indigenous feminisms, varied. The interviews signal that there is a need for ongoing work in the area of gender and feminisms in the field of Indigenous law. This article illustrates why gendering Indigenous legal education is vital and argues for increased engagement with the idea and practice of Indigenous feminist legal pedagogies. This article is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/iss2/4
{"title":"Indigenous Feminist Legal Pedagogies","authors":"Emily Snyder","doi":"10.60082/2817-5069.3681","DOIUrl":"https://doi.org/10.60082/2817-5069.3681","url":null,"abstract":"What does “Indigenous feminist legal pedagogy” mean? This article takes up this inquiry through an analysis of interviews that were done with twenty-three professors who teach in the area of Indigenous law (Indigenous peoples’ own laws) in Canada. Overwhelmingly, the professors were on board with the idea that gender matters and that it needs to be included in education about Indigenous laws, but how people were taking up gender, and the responses as they relate to Indigenous feminisms, varied. The interviews signal that there is a need for ongoing work in the area of gender and feminisms in the field of Indigenous law. This article illustrates why gendering Indigenous legal education is vital and argues for increased engagement with the idea and practice of Indigenous feminist legal pedagogies. This article is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/iss2/4","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43522535","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The legal definition of sexual harassment was set down thirty years ago in the Supreme Court of Canada decision of Janzen v. Platy Enterprises as “unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victim of the harassment.” Remarkably little has changed in the interpretation and application of these elements since Janzen was decided. However, both legal and social norms concerning sexual misconduct and consent have substantially developed in that time. This article unpacks the problematic consequences flowing from the treatment of consent in sexual harassment complaints under human rights law and argues for a shift in the legal principles governing sexual harassment complaints. It draws support from criminal law and tort law, each of which has shifted towards an affirmative consent standard due to similar problems and concerns regarding reliance on gender-based myths and stereotypes
{"title":"An Unwelcome Burden: Sexual Harassment, Consent and Legal Complaints","authors":"B. Hastie","doi":"10.60082/2817-5069.3682","DOIUrl":"https://doi.org/10.60082/2817-5069.3682","url":null,"abstract":"Abstract The legal definition of sexual harassment was set down thirty years ago in the Supreme Court of Canada decision of Janzen v. Platy Enterprises as “unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victim of the harassment.” Remarkably little has changed in the interpretation and application of these elements since Janzen was decided. However, both legal and social norms concerning sexual misconduct and consent have substantially developed in that time. This article unpacks the problematic consequences flowing from the treatment of consent in sexual harassment complaints under human rights law and argues for a shift in the legal principles governing sexual harassment complaints. It draws support from criminal law and tort law, each of which has shifted towards an affirmative consent standard due to similar problems and concerns regarding reliance on gender-based myths and stereotypes","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44749966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"First Nations, Settler Parliaments, and the Question of Consultation: Reconciling Parliamentary Supremacy and Indigenous Peoples’ Right to Self-Determination","authors":"H. Hobbs","doi":"10.60082/2817-5069.3680","DOIUrl":"https://doi.org/10.60082/2817-5069.3680","url":null,"abstract":"","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48699849","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Law and Living: Connecting the Dots: The Life of an Academic Lawyer by Harry W. Arthurs","authors":"David Sandomierski","doi":"10.60082/2817-5069.3684","DOIUrl":"https://doi.org/10.60082/2817-5069.3684","url":null,"abstract":"","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49188564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
THE REFERENCE POWER HAS, suddenly, become the fascination of the legal academic community in Canada. Two books on the subject were published in 2019 from different and complementary perspectives. Together, they represent a novel inquiry into a power that is exercised differently in Canada than it is in any other country. Creative Commons License This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. This book review is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/ iss2/9
{"title":"Courts Without Cases: The Law and Politics of Advisory Opinions by Carissima Mathen and Seeking the Court’s Advice: The Politics of the Canadian Reference Power by Kate Puddister","authors":"Jennah Khaled","doi":"10.60082/2817-5069.3686","DOIUrl":"https://doi.org/10.60082/2817-5069.3686","url":null,"abstract":"THE REFERENCE POWER HAS, suddenly, become the fascination of the legal academic community in Canada. Two books on the subject were published in 2019 from different and complementary perspectives. Together, they represent a novel inquiry into a power that is exercised differently in Canada than it is in any other country. Creative Commons License This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. This book review is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/ iss2/9","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49528591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
MORE THAN A CENTURY after its first publication, Santi Romano’s Ordinamento Giuridico is finally available to an English-speaking audience, as The Legal Order (TLO), thanks to Mariano Croce’s efforts in translating the work. Creative Commons License This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. This book review is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/ iss2/6
在首次出版一个多世纪后，圣蒂·罗马诺的《朱里迪科条例》终于被英语读者翻译成了《法律秩序》(The Legal Order，简称TLO)，这要感谢马里亚诺·克罗齐(Mariano Croce)的努力。本作品采用知识共享署名-非商业性-禁止衍生作品4.0许可协议。这篇书评可以在Osgoode Hall Law Journal上找到:https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/ iss2/6
{"title":"The English Awakening of Santi Romano’s Ordinamento Giuridico: a Review of The Legal Order","authors":"Ata Kassaian","doi":"10.60082/2817-5069.3683","DOIUrl":"https://doi.org/10.60082/2817-5069.3683","url":null,"abstract":"MORE THAN A CENTURY after its first publication, Santi Romano’s Ordinamento Giuridico is finally available to an English-speaking audience, as The Legal Order (TLO), thanks to Mariano Croce’s efforts in translating the work. Creative Commons License This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. This book review is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/ iss2/6","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44979504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The possibility of autonomous-machine-caused harm generates doctrinal and theoretical challenges for assigning tort liability. With emergent capabilities, autonomous machines disrupt the structure of interpersonal rights and duties in tort law, framed by conditions of foreseeability and proximate causation. Where algorithmic processes are unintelligible, self-modifying, and unpredictable, the concern goes, algorithmic harms will be untraceable to tortious human agency. As a result, their costs will simply lie where they fall—on faultless victims. This outcome would be unfair and objectionable: A failure of tort’s mechanisms of corrective justice means faultless victims would disproportionately bear the accident costs of autonomous machines. This article suggests that the doctrinal form of vicarious liability is a promising strategy to ground tort liability for autonomous-machine-caused harm. Human or corporate deployers should be held liable for tortious harm caused by autonomous machines in the course of deployment. In this account, autonomous machines constitute a novel legal category as pure legal agents without legal personhood. In reconceiving vicarious liability—and the legal classification of autonomous machines—the article seeks to promote commonsensical liability outcomes for autonomous-machinecaused harm, consistent with tort’s doctrinal and theoretical structure of corrective justice. Creative Commons License This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. This article is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/iss2/1
{"title":"A Theory of Vicarious Liability for Autonomous-Machine-Caused Harm","authors":"Pinchas Huberman","doi":"10.60082/2817-5069.3678","DOIUrl":"https://doi.org/10.60082/2817-5069.3678","url":null,"abstract":"The possibility of autonomous-machine-caused harm generates doctrinal and theoretical challenges for assigning tort liability. With emergent capabilities, autonomous machines disrupt the structure of interpersonal rights and duties in tort law, framed by conditions of foreseeability and proximate causation. Where algorithmic processes are unintelligible, self-modifying, and unpredictable, the concern goes, algorithmic harms will be untraceable to tortious human agency. As a result, their costs will simply lie where they fall—on faultless victims. This outcome would be unfair and objectionable: A failure of tort’s mechanisms of corrective justice means faultless victims would disproportionately bear the accident costs of autonomous machines. This article suggests that the doctrinal form of vicarious liability is a promising strategy to ground tort liability for autonomous-machine-caused harm. Human or corporate deployers should be held liable for tortious harm caused by autonomous machines in the course of deployment. In this account, autonomous machines constitute a novel legal category as pure legal agents without legal personhood. In reconceiving vicarious liability—and the legal classification of autonomous machines—the article seeks to promote commonsensical liability outcomes for autonomous-machinecaused harm, consistent with tort’s doctrinal and theoretical structure of corrective justice. Creative Commons License This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. This article is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/iss2/1","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45518046","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Faculty of Law at Ryerson University has undertaken extensive curricular reforms aimed at engaging with technology as a central requirement of legal practice. These reforms reflect an undertaking to develop practice-based education and an undertaking to teach students to think critically about the impact of automating and mechanizing legal information. Teaching students to identify how to use technology, how to design it, and how to challenge its effects are key to providing a systemic approach to law and technology. This is an approach that teaches students to identify how law and legal services can be fundamentally altered by computational analysis. This article is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/iss1/4
{"title":"Law and Technology in Legal Education: A Systemic Approach at Ryerson","authors":"Sari Graben","doi":"10.60082/2817-5069.3634","DOIUrl":"https://doi.org/10.60082/2817-5069.3634","url":null,"abstract":"The Faculty of Law at Ryerson University has undertaken extensive curricular reforms aimed at engaging with technology as a central requirement of legal practice. These reforms reflect an undertaking to develop practice-based education and an undertaking to teach students to think critically about the impact of automating and mechanizing legal information. Teaching students to identify how to use technology, how to design it, and how to challenge its effects are key to providing a systemic approach to law and technology. This is an approach that teaches students to identify how law and legal services can be fundamentally altered by computational analysis. This article is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/iss1/4","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45573278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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