Your search
Results 60 resources
-
Many scholars have theorized that judicial review can provide a “friendly hand” to the elected branches by enforcing legislative bargains, taking on politically difficult decisions, clarifying vague or conflicting legislation, and/or buttressing federal power against state actors. Other scholars contend that empowering the judiciary to have an active role in policymaking has undesirable consequences – to these scholars, the judicialization of politics unwisely reframes the policy debate in legal terms, disempowers social movements by removing issues from traditional political contestation, and generates public and political backlash. This paper addresses these claims by examining an area where the courts, through either actively declining jurisdiction or passively acquiescing to executive power, have deliberately abstained from claiming a role in policymaking. We examine the negative space caused by such willful “un-juridification” by looking at American immigration policy.
-
English Abstract: Clinical work in law offers important opportunities for students to learn critical, reflective and politicized approaches to legal identity and practice. Such an approach is most meaningful when it is engaged by supervising lawyers and social workers in a clinical placement. The authors of this article, the Academic Clinic Director and Executive Director of two Windsor-based clinic programs, offer context, perspective and examples of how critical pedagogy (influenced by, but distinct from, critical legal studies) provides a roadmap for supervising lawyers and the programs in which they work. The paper briefly sets the context of the authors' teaching and practice. The authors then set out some of the interested parties in clinical legal education, including law schools, communities, students and clients. The paper concludes with ideas on how a clinical program might set out to strengthen critical pedagogy in the supervisory relationship.
-
The past decade has seen an upsurge in temporary foreign worker (“guest worker”) programs, which have been described as being “close to slavery” because they indenture the worker to work for a specific employer to maintain their visa status and limit access to permanent residence in the host country. The programs exemplify the dilemma between sovereignty and universalism. States claim to support universal labour rights but maintain absolute sovereignty over the legal status of foreign workers, providing limited, differentiated rights. The paper offers a normative argument, supported by empirical data from Canada, Hong Kong, United States, and Israel, that citizenship status continues to be paramount for accessing even universal (personhood-based) labour rights for these workers.
-
International criminal law, like all areas of law, must continue to evolve to reflect contemporary realities. This article demonstrates that the current subject matter jurisdiction of the International Criminal Court under the Rome Statute is very much an artefact of history, and it argues that the historical and reactive line that the statute draws between "core" international crimes and other serious international or transnational crimes is inadequate. In order to ensure that international criminal law continues to evolve in a reasoned and principled manner, states need to better articulate the criteria by which conduct is included within the category of "the most serious crimes of concern to the international community as a whole." Using a primarily inductive approach, the article considers a number of such criteria that have been considered over the years. It concludes that, when assessed in the context of their systematic and organized perpetration, many other serious international and transnational crimes raise some of the same concerns that underpin the current core international crimes, suggesting that it may be time for the international community to consider redrawing the line.
Explore
Author / Editor
- Annette Demers (1)
- Beverly Jacobs (1)
- Christopher Waters (7)
- Claire Mummé (2)
- Daniel Del Gobbo (1)
- David Tanovich (2)
- Gemma Smyth (4)
- Irina Ceric (1)
- James Yap (1)
- Jasminka Kalajdzic (4)
- Jeff Berryman (7)
- Jillian Rogin (1)
- Joshua Sealy-Harrington (5)
- Laverne Jacobs (1)
- Noel Semple (5)
- Pascale Chapdelaine (2)
- Reem Bahdi (1)
- Richard Moon (5)
- Sara Wharton (4)
- Sujith Xavier (1)
- Vasanthi Venkatesh (2)
- Vicki Jay Leung (1)
- Vincent Wong (1)
Resource type
- Blog Post (3)
- Book (5)
- Book Section (5)
- Document (1)
- Journal Article (15)
- Magazine Article (1)
- Preprint (27)
- Thesis (1)
- Video Recording (2)