Author: University of Toronto Law Journal

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University of Toronto Law Journal – Volume 64, Number 5, Fall 2014

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University of Toronto Law JournalVolume 64, Number 5, Fall 2014

Strange bedfellows
Robert Leckey

Two logics of authority in modern law
Arie Rosen

Authority, justice, and public law: A unified theory
Jacob Weinrib

REVIEW ARTICLES
The work of Lon Fuller: A promising direction for jurisprudence in the twenty-first century
Wibren van der Burg

List and Pettit on group agency and group responsibility
Vincent Chiao

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

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University of Toronto Law Journal – The Residential School Litigation and Settlement

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University of Toronto Law Journal – Volume 64, Number 4, May 2014

The Residential School Litigation and Settlement
Guest Editors: Mayo Moran and Kent Roach

This is the first symposium issue to take an in-depth look at Canada’s Aboriginal Residential School litigation which was the largest class action in Canadian history and the innovative agreement that settled it. The volume provides insider and comparative perspectives on the settlement agreement as well as outlining the historical and contemporary context of the residential schools that many Aboriginal people in Canada were required to attend. The issue also includes critical examinations of the litigation and of various features of the settlement itself. It also looks at the larger context including the conduct of lawyers in the litigation.

Mayo Moran is Dean and James Marshall Tory Professor of Law at the Faculty of Law University of Toronto.
Kent Roach is Professor of Law and Prichard-Wilson Chair of Law and Public Policy at the University of Toronto Faculty of Law

This issue contains:

Introduction: The Residential School Litigation and Settlement
Mayo Moran, Kent Roach

Residential schools, respect, and responsibilities for past harms
John Borrows

The settlement process: A personal reflection
Kathleen Mahoney

The role of reparative justice in responding to the legacy of Indian Residential Schools
Mayo Moran

Blaming the victim: Canadian law, causation, and residential schools
Kent Roach

Unsettling the lawyers: Other forms of justice in Indigenous claims of expropriation, abuse, and injustice
Carrie Menkel-Meadow

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

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University of Toronto Law Journal – Volume 64, Number 3, Summer 2014

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University of Toronto Law Journal – Volume 64, Number 3 Summer 2014

How to redistribute? A critical examination of mechanisms to promote global wealth redistribution
Ilan Benshalom

Republicanism and the division of powers in Canada
Hoi L. Kong

Private ownership and the standing to say so
Avihay Dorfman

REVIEW ARTICLES
Normative jurisprudence and legal realism
Hanoch Dagan

Proportionality and justification
Moshe Cohen-Eliya, Iddo Porat

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

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University of Toronto Law Journal – Volume 64, Number 2, Spring 2014

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University of Toronto Law Journal – Volume 64, Number 2, Spring 2014

A theory of redressive justice
Andrew S Gold

When tribalism meets liberalism: Human rights and Indigenous boundary problems in Canada
Kirsty Gover

Administrative penalties in the Rechtsstaat: On the emergence of the
Ordnungswidrigkeit sanctioning system in post-war Germany
Daniel Ohana

BOOK REVIEWS
A Simple Common Lawyer: Essays in Honour of Michael Taggart

Geneviève Cartier

The Law of Organized Religions: Between Establishment and Secularism; The Agnostic Age: Law, Religion and the Constitution
Winnifred Fallers Sullivan

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

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University of Toronto Law Journal – Volume 63, Number 4, Fall 2013

University of Toronto Law Journal – Volume 63, Number 4, Fall 2013

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The Law And Politics Of Unjust Enrichment
Dan Priel

Justifying Fiduciary Remedies
Paul B Miller

The Constitution As Framework For Governance
Vanessa A Macdonnell

Reflections On The State As Fiduciary
Andrew S Gold

BOOK REVIEWS
Asian Legal Revivals: Lawyers In The Shadow Of Empire
William P Alford

Philosophical Interventions: Reviews 1986–2011
Sanford Levinson

The 9/11 Effect: Comparative Counter-Terrorism
Lucia Zedner

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

 

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University of Toronto Law Journal – Volume 63, Number 3, Summer 2013

University of Toronto Law Journal – Volume 63, Number 3, Summer 2013

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Hugo Preuss’s Concept of The Volk: Critical Confusion or Sophisticated Conception?
Peter C Caldwell

Copyright Originality and Judicial Originality
Simon Stern

The Office of Ownership
Christopher Essert

FOCUS – R V MABIOR AND R V DC: SEX, HIV, AND NON-DISCLOSURE, TAKE TWO

Introduction
Isabel Grant, Martha Shaffer, Alison Symington

Sex, Lies, And HIV: Mabior and The Concept Of Sexual Fraud
Martha Shaffer

The Over-Criminalization of Persons With HIV
Isabel Grant

Injustice Amplified By HIV Non-Disclosure Ruling
Alison Symington

REVIEW ARTICLE
Birthright Citizenship, Immigration, and Global Poverty

Seyla Benhabib

BOOK REVIEWS

Kirsty Gover, Tribal Constitutionalism: States, Tribes and the Governance of Membership, reviewed by Douglas Sanderson

Pamela D Palmater, Beyond Blood: Rethinking Indigenous Identity, reviewed by Douglas Sanderson

Ryan Pevnick, Immigration and the Constraints of Justice, reviewed by Colin Grey

Paul De Guchteneire, Antoine Pécoud, and Ryszard Cholewinski, Migration and Human Rights: The United Nations Convention on Migrant Workers’ Rights, reviewed by Colin Grey

Stephen Waddams, Principle and Policy in Contract Law: Competing or Complementary Concepts?, reviewed by Charlie Webb

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

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University of Toronto Law Journal – Volume 63, Number 2, Spring 2013

 

University of Toronto Law Journal – Volume 63, Number 2, Spring 2013

Opinion Writing and Authorship on The Supreme Court Of Canada
Kelly Bodwin, Jeffrey S Rosenthal, Albert H Yoon

Focus Feature: Criminal Jurisdiction: Comparison, History, Theory
This focus feature hopes to start a fresh conversation about criminal jurisdiction, in domestic and international law, informed by comparative, historical and theoretical perspectives. Jurisdiction is a fantastically rich subject that receives either too little or too much attention: too little attention as a way to get at basic questions about the nature of power, sovereignty, punishment, community and too much attention as a doctrinal or administrative matter of curial coordination.

Introduction
Markus D Dubber

Extraterritorial Jurisdiction to Enforce In Cyberspace? Bodin, Schmitt, Grotius in Cyberspace
Mireille Hildebrandt

Territorial Jurisdiction and Criminalization
Lindsay Farmer

Criminal Jurisdiction And Conceptions Of Penality In Comparative Perspective
Markus D Dubber

Authority to Proscribe and Punish International Crimes
Guyora Binder

REVIEW ARTICLES
The End of the Road to Serfdom?

David Dyzenhaus

Relational Autonomy and Individuality
Marilyn Friedman

BOOK REVIEWS
Is Eating People Wrong: Great Legal Cases and How They Shaped the World
Jim Phillips

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project MUSE, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

 

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University of Toronto Law Journal – Volume 63, Number 1, Winter 2013

University of Toronto Law Journal – Volume 63, Number 1, Winter 2013

Focus Feature: Foxes, Seals, Whales and the Rule of Capture: Animals in the Law and Legal History
The common-law rule on the capture of wild animals is often cited by law and economics scholars to demonstrate the superiority of clear rules over vague or “fuzzy” standards. In countless property law courses, the famous fox hunt case, Pierson v. Post (1805), is used to support the “catch it and kill it if you can” view of property: mere pursuit of a wild animal is insufficient to establish possession. Where “hot pursuit” might have been sufficient according to the sportsman’s custom, escape was always possible, and the law preferred certainty. In this forthcoming focus feature edited by Angela Fernandez (Law, University of Toronto), four scholars spanning law and history challenge this rules v. standards approach to the rule of capture, demonstrating that, understood historically, the situation is much more complicated and interesting – which wild animal, which type of hunting, in what period all turn out to be important. 

Editor’s Note
Angela Fernandez

Animals Accurs’d: Ferae Naturae And The Law Of Property In Nineteenth-Century North America
Christopher Tomlins

The Law Of Capture, Newfoundland-Style
Bruce Ziff

The Judicial Invention Of Property Norms: Ellickson’s Whalemen Revisited
Robert Deal

Fuzzy Rules and Clear Enough Standards: The Uses and Abuses of Pierson V Post
Angela Fernandez

The Entitlements of Unallied Hunters After aSequential Capture
Robert C Ellickson

LECTURE AND COMMENTARY

Inside Property
Hanoch Dagan

Pluralism, Context, and The Internal Life Of Property: A Response To Hanoch Dagan
Lisa M Austin

REVIEW ARTICLE

Law Versus Politics
Rachel E Barkow

BOOK REVIEW

Philosophy Of Criminal Law: Selected Essays
Andrew Botterell

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

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University of Toronto Law Journal – Volume 62, Number 4, Fall 2012

University of Toronto Law Journal – Volume 62, Number 4, Fall 2012

Errors of Fact and Law: Race, Space, and Hockey in Christie v York
Eric M Adams

Electoral Fairness and the Law of Democracy: A Structural Rights Approach to Judicial Review
Yasmin Dawood

The Society of Property
Avihay Dorfman

Sexual History Evidence in Cases of Sexual Assault: A Critical Re-evaluation
Liat Levanon

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

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University of Toronto Law Journal – Volume 62, Number 3 Summer 2012

University of Toronto Law Journal – Volume 62, Number 3 Summer 2012

On Non-domination
Ian Shapiro

Response to Ian Shapiro, ‘On Non-domination’
David Dyzenhaus    

Contracts to the Detriment of a Third Party: Developing a Model Inspired by Jewish Law
Benjamin Porat

Culture and Competitive Resource Regulation: A Liberal Economic Alternative to Sui Generis Aboriginal Rights
Michael Ilg

Future(s) of American Legal History
Angela Fernandez

Book Reviews
Richard H Thaler and Cass R Sunstein, Nudge: Improving Decisions about Health, Wealth and Happiness; Daniel Kahneman, Thinking,Fast and Slow; Lior Jacob Strahilevitz, Information and Exclusion
Reviewed by Megan Lloyd Richardson

A P SIMESTER and ANDREAS VON HIRSCH, Crimes, Harms, and Wrongs: On the Principles of Criminalisation
Reviewed by Hamish Stewart

 

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.