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University of Toronto Law School Faculty Blog University of Toronto Law School Faculty Blog

Discussions by faculty members of the University of Toronto Faculty of Law

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Last Entry: February 14, 2013 at 16:01:40

Recent Entries: 130

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This Blog has now moved

Posted on February 14, 2013
The University of Toronto Faculty Blog has now moved to our new website. It can be seen at http://www.law.utoronto.ca/blog/faculty . The new blog includes an RSS feed.


Prof. Ed Morgan - "The difference between lunchtime prayer and a Jesus T-shirt"

Posted on May 09, 2012
This commentary was first published by Prof. Ed Morgan in The Globe and Mail on May 9, 2012. A public school in Toronto thinks a clergyman can be invited to conduct Islamic prayers at lunchtime on school grounds. As a school trustee explains it, ?What we?re doing is what we should be doing as a school board and that is...


Prof. Anita Anand: "Telus funds ignore governance"

Posted on April 30, 2012
This commentary was first published in the Financial Post on April 28, 2012. The collapse of Magna?s dual-class share structure in 2011 via an insider bid for Frank Stronach?s holdings raised eyebrows because of the unprecedented pay out of an 1,800% premium that Mr...


Telus and the Abolition of Dual Classes: Protecting Shareholder Interests

Posted on April 27, 2012
The collapse of Magna?s dual class share structure in 2010 via an insider bid for Frank Stronach?s holdings raised eyebrows because of the unprecedented pay out of an1800 percent premium that Mr. Stronach (through a private holding company) received in the transaction...


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Prof. Ed Morgan - "Foreign affairs: a delicate balancing act"

Posted on April 18, 2012
This article by Prof. Ed Morgan was originally published in The Lawyers Weekly, April 13, 2012. When it comes to conducting foreign affairs, it is well established that the constitution puts the weight of responsibility on the federal government. But in recent years, the courts have deviated from that rule as often as they have invoked it...


The Best Possible Outcome for Universities, Really?

Posted on April 17, 2012
This post was posted originally on Prof. Katz's blog. Access Copyright and the Association of Universities and Colleges of Canada (AUCC) announced yesterday that they had negotiated a Model Licence that would allow universities to reproduce copyright protected materials in both print and digital formats...


Prof. Audrey Macklin with Lorne Waldman: Ottawa?s bogus refugee bill

Posted on February 24, 2012
This commentary by Prof. Audrey Macklin and Lorne Waldman was first published on the Toronto Star website on Feb. 22, 2012. Jason Kenney, the minister of Citizenship and Immigration, knows who the real refugees are. Or at least he knows which ones are ?bogus?: refugee claimants from Mexico or Sri Lanka or Hungary are bogus...


Prof. Audrey Macklin: Minister Kenney?s Ban on Face Coverings is Ultra Vires

Posted on February 17, 2012
Not only is Minister Kenney?s ban on face coverings a gratuitous insult to Muslim women, it?s ultra vires. In the wake of all the publicity about the Minister of Immigration?s decree that no one shall be allowed to go through the citizenship ceremony with her face covered, I thought I'd find out how the ban on face coverings was authorized...


Don?t throw in the towel: Systemic Risk in Securities Markets Must be Federally Regulated

Posted on February 17, 2012
Anita Anand and Grant Bishop In its recent decision, the Supreme Court nixed the federal proposal for a national securities regulator, finding that its proposed scheme was unconstitutional. Admittedly, the federal government?s proposal largely (and intentionally) uploaded the current provincial regime to a federal statute...


Governance Issues: The UofT-Access Copyright Agreement

Posted on February 15, 2012
First posted on Prof. Katz's blog. In addition to serious copyright, privacy, and academic freedom problems arising from the Agreement signed last week between UofT and Access Copyright, the way it has been handled so far raises some questions about whether it is consistent with UofT?s governance procedures...


Prof. Angela Fernandez: Aggression v. Atrocity in the History of International Law

Posted on February 07, 2012
Columbia University history professor Samuel Moyn (visiting at Yale Law School in the spring term of 2012) has recently posted his paper From Antiwar Politics to Antitorture Politics on SSRN, a paper I heard him present at a November session of the Critical Analysis of Law workshop at my law school, the Faculty of Law, University of Toronto...


Universities and Copyright: Contrast and Compare

Posted on February 05, 2012
Originally posted on Prof. Katz's blog on Feb. 1, 2012. On Monday evening, Access Copyright and the Universities of Western Ontario and Toronto announced that they have entered into a new licensing deal. The UofT agreement is available below, and I was told that the terms of the agreement with Western are identical...


Copthorne Holdings and the Future of the GAAR: January 6, 2012

Posted on December 21, 2011
On December 16, 2011, the Supreme Court of Canada released its much-anticipated decision in Copthorne Holdings Ltd. v. Canada, in which the Court considered the General Anti-Avoidance Rule (GAAR) for the fourth time. In contrast to its previous GAAR decision in Lipson, the Court arrived at a unanimous decision in Copthorne, applying the GAAR to a number of transactions designed...


Adjunct Prof. Kenneth Jull: "The Canadian Corruption of Foreign Public Officials Act: Mandatory Risk Assessment"

Posted on December 20, 2011
Kenneth Jull is an adjunct professor at the University of Toronto Faculty of Law, teaching the course "Financial Crimes and Corporate Compliance". The Canadian Corruption of Foreign Public Officials Act ("CFPOA") has been in force since 1999. In June of 2011 the CFPOA streaked across the radar screens of compliance officers when Niko Resources Ltd...


Prof. Jacob Ziegel: "Supreme Court appointments and wrong priorities"

Posted on December 20, 2011
This commentary by Prof. emeritus Jacob Ziegel was first published in The Hill Times on Dec. 12, 2011. On Nov. 14, former chief justice Roy McMurtry of Ontario and several current members of the Ontario Court of Appeal attended the swearing-in at the Supreme Court of Canada of the two new appointees to the court, Justices Michael Moldaver and Andromache...


Prof. Lisa Austin: "Stop hiding behind the phone book, Mr. Toews"

Posted on December 08, 2011
This commentary was first published in The Globe and Mail on Dec. 6, 2011. Canada?s federal Privacy Commissioner, along with her provincial and territorial counterparts, has serious concerns regarding the federal government?s proposed lawful access legislation...


Prof. Kent Roach: Abdullah Khadr and the Consequences of Detainee Abuse

Posted on December 05, 2011
This commentary by Prof. Kent Roach is cross-posted from the JURIST website. According to the Canadian courts, what happens in Pakistan does not stay in Pakistan. The Supreme Court of Canada recently refused to review a permanent stay of extradition proceedings against Abdullah Khadr...


Prof. Jacob Ziegel: "Unacceptable delays in Supreme Court appointments"

Posted on September 27, 2011
This commentary was first published in The Lawyers Weekly on Sept. 23, 2011. It is now four months since Justices Ian Binnie and Louise Charron announced their intention to retire from the Supreme Court of Canada at the end of July. Nevertheless, and disturbingly so, their successors have still not been appointed and the court remains two short of its...


Prof. Ed Morgan: "The surprise factor of Palestinian sovereignty"

Posted on September 21, 2011
This commentary was first published in the Globe and Mail on Sept. 21, 2011. Palestinian Authority president Mahmoud Abbas is asking the United Nations to declare his country a state. If it comes, UN recognition will do little to improve lives on the ground...


Prof. Ed Morgan: "Who decides on land use in Port Lands and Mississauga?"

Posted on September 20, 2011
This commentary was first published in thestar.com on Sept. 18, 2011. Toronto?s city council is about to weigh in on Mayor Rob Ford?s intervention into the Port Lands development, and the Mississauga inquiry is about to report on Mayor Hazel McCallion?s intervention in the city centre development...


Prof. Kent Roach: The UN?s Failed Response to 9/11

Posted on September 15, 2011
A decade ago, the world rightly stood in solidarity with the United States in the face of the 9/11 terrorist attacks. The story of how the Bush Administration squandered that solidarity through Guantanamo, torture and the invasion Iraq is well known. Less well known is how the United Nations also lost its opportunity to unite world in principled counter-terrorism...


Anver Emon on US legislation that seeks to ban Sharia law

Posted on September 06, 2011
Dear colleagues For those interested in an analysis of US legislation that seeks to ban Sharia, I'd like to invite you to review a recent essay I wrote for The Immanent Frame. The essay can be found at the following link: http://blogs.ssrc.org/tif/2011/09/06/banning-shari?a/ I welcome your comments...


Prof. Ed Morgan: "?Bonus? zoning and the development approval game"

Posted on August 29, 2011
This commentary was first published in The Lawyers Weekly on August 26, 2011. What does a property owner do to build a high density condo/retail development on its parcel in Brampton, Ontario - the heartland of suburban sprawl - or to build a low density subdivision on its green field in Markham, Ontario - the capital of 'new urbanist' design?...


Toronto: the First Decade

Posted on August 29, 2011
Cross-posted on Prof. Ariel Katz's blog. Ten years ago I landed in Toronto with my wife and an 11 months old son. I left my job as a staff lawyer at the Israeli Antitrust Authority and arrived to Toronto to become a student again at UofT?s Faculty of Law...


Prof. Jacob Ziegel - "The right way to pick Supreme Court judges"

Posted on August 22, 2011
This commentary by Prof. Emeritus Jacob Ziegel was first published in the National Post on August 19, 2011. Ian Binnie and Louise Charron announced their intention to retire from the Supreme Court of Canada at the end of August more than three months ago...


Prof. Ian B. Lee: Two myths about corporate political speech

Posted on August 03, 2011
This opinion piece was first published in the Spring/Summer 2011 issue of Nexus magazine. In the debate about whether political donations and advertising by corporations should be permitted in a democracy, there are two unhelpful but tenacious myths. One of them is that ?there is no such thing as too much speech,? to quote U...


Prof. Jacob Ziegel - "Who can regulate Canadian securities?"

Posted on July 25, 2011
This commentary by Prof. Jacob Ziegel was first published in the National Post on July 15, 2011. On April 12 and 13, the Supreme Court of Canada held a two-day hearing on a Reference from the federal government asking the Court to determine the constitutional validity of the proposed Securities Act published by the federal government in May, 2010...


Prof. Jacob Ziegel - "The law is too important to leave to politicians"

Posted on May 27, 2011
This commentary by Prof. Emeritus Jacob Ziegel was first published in the National Post on May 26, 2011. Earlier this month, Justices Ian Binnie and Louise Charron, both from Ontario, announced their intention to retire from the Supreme Court of Canada at the end of the current session of the court...


Prof. Ayelet Shachar: "Picking Winners: Olympic Citizenship and the Global Race for Talent"

Posted on May 24, 2011
Prof. Ayelet Shachar has recently published the article "Picking Winners: Olympic Citizenship and the Global Race for Talent" in the Yale Law Journal (120 Yale L.J. 2088 (2011). Here is the abstract: Across the globe, countries are promoting strategic or expedited passport grants, whereby membership is invested in exceptionally talented individuals with the expectation of receiving a return: for Olympic...


Katz: The First Sale Doctrine - What Antitrust Law Can (and Cannot) Teach

Posted on May 19, 2011
I have posted a new paper on SSRN. The paper is based on a presentation that I gave at the Exhaustion and First Sale in IP Conference held at Santa Clara Law School last November. Here?s the abstract: The first sale doctrine (or exhaustion) limits the exclusive rights that survive the initial authorized sale of an item protected by such...


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