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Academic

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: March 26, 2011 at 17:45:30

Discussion of Prof. Ayelet Shachar's new book

Posted on August 17, 2009
As noted in an earlier post, Prof. Ayelet Shachar recently published her latest book, The Birthright Lottery. It has received a considerable amount of attention. A story on the front page of the "Insight" section of the Saturday Toronto Star ("Born lucky? Then pay for it," May 2, 2009) discussed Prof...

Copyright Collectives: Good Solution But for Which Problem?

Posted on August 14, 2009
With the Public Copyright Consultations moving full steam ahead, various stake-holders raise proposals for expanding the scope of collective administration of copyright. This trend is not new. Over the past two decades or so, collective administration of copyright has been touted as a solution to many of the ills of the copyright system and to many of the legal challenges...

Prof. Ed Morgan: A Terrorist on the Faculty?

Posted on August 10, 2009
Cross-posted from www.NewMajority.com (first published July 31, 2009) The Middle East dispute may seem interminable, but its shadow conflict ? the one being waged on university campuses ? appears every bit as complex and insoluble. The latest round in Canada involves Hassan Diab, an Ottawa-based lecturer who for a number of years has had a part time appointment teaching Introduction...

Prof. Ed Morgan: "An insidious cultural campaign"

Posted on July 21, 2009
This commentary by Prof. Ed Morgan was first published in the National Post on July 2, 2009. The Dead Sea Scrolls, which are being exhibited this week at the Royal Ontario Museum (ROM), have survived time, weather, sand--and now the political storm caused by protests at their being toured by the Israel Museum, which houses the scrolls in Jerusalem...

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Militant Democracy and the Martyrdom of Marwa Sherbini

Posted on July 10, 2009

Prof. Mohammad Fadel on Family Pluralism

Posted on July 02, 2009
I have recently posted a draft of a chapter to be published in a forthcoming work on family law pluralism (MARRIAGE AND DIVORCE IN A MULTICULTURAL CONTEXT: RECONSIDERING THE BOUNDARIES OF CIVIL LAW AND RELIGION, Joel A. Nichols, ed., Cambridge University Press, Forthcoming 2010) to my ssrn page (http://papers...

Prof. Jacob Ziegel writes: Mike Rosenberg Wins Strosberg Prize

Posted on June 08, 2009
Students and Faculty members will be delighted to learn that Mike Rosenberg, JD III, has won this year's prestigious Harvey Strosberg prize, worth ten thousand dollars, awarded each year for the best student paper on a class action topic. The paper will be published in the Canadian Class Action Law Review under the title of "The Rise and Imminent Fall...

Prof. Mohammad Fadel - "President Obama Passes the Muslim Test"

Posted on June 08, 2009
I have written some very brief comments on President Obama?s speech yesterday in Cairo on the web page of patheos.com. Essentially, I stated that Obama?s speech could genuinely represent an important break from U.S. policy towards the Islamic world in general and the Arab world in particular...

Prof. Ed Morgan - "It's a legal maze for Canadian authorities abroad"

Posted on May 29, 2009
This commentary by Prof. Ed Morgan was first published in The Globe and Mail on May 27, 2009. Canadians may be surprised to learn a few things about our constitutional law. First, the military owes no duty toward detainees arrested by us and turned over to a foreign state for custody...

DLS Executive Director Judith McCormack - "When poverty becomes respectable"

Posted on May 28, 2009
Judith McCormack is the executive director of Downtown Legal Services, the community legal clinic of the University of Toronto Faculty of Law. First published in the Toronto Star on May 17, 2009. As painful as the current economic crisis may be, it does at least provide us with some valuable insights...

Ed Morgan - "In Yellowknife, language rights go back on the menu"

Posted on April 21, 2009
First published in the Globe and Mail, April 21, 2009. In taking on the chef who runs the famed Wildcat Cafe, Yellowknife's city council appears to have concocted a recipe for bringing Quebec-style language politics to the Northwest Territories. In the process, it has given us the basis for a constitutional crise du jour...

Book Launch and Panel Discussion: Parliamentary Democracy in Crisis - Live Webcast

Posted on April 20, 2009
The David Asper Centre for Constitutional Rights will be hosting a book launch for the new book Parliamentary Democracy in Crisis: The Dilemmas, Choices and Future of Parliamentary Government in Canada on Tuesday April 21 at 4:30 pm. The book launch will include a panel discussion on the future of Canada's democracy: lessons learned and where to we go from...

Alarie: Charter Decisions in the McLachlin Era

Posted on April 16, 2009
Andrew Green and I have just posted a new paper on SSRN in which we analyze 105 Charter decisions of the Supreme Court of Canada. Here's the abstract: This paper examines how justices on the Supreme Court of Canada voted in Charter appeals between 2000 and 2009...

Prof. Ayelet Shachar's new book, The Birthright Lottery

Posted on April 15, 2009
Prof. Ayelet Shachar's new book, The Birthright Lottery, has been published by Harvard University Press. From the publisher: The vast majority of the global population acquires citizenship purely by accidental circumstances of birth. There is little doubt that securing membership status in a given state bequeaths to some a world filled with opportunity and condemns others to a life with...

Anita Anand - "Canada's banks: conservative by nature"

Posted on April 01, 2009
This commentary was first published in the Financial Post on March 31, 2009. In a recent interview with a major U.S. news network, Prime Minister Stephen Harper touted the fine regulatory balance that underpins the strength of Canadian financial institutions...

Prof. Jacob Ziegel - "Canadian bankruptcy law is out of date"

Posted on March 13, 2009
This commentary was first published in the Financial Post on March 10, 2009. Every modern society needs a balanced, well-functioning insolvency law to take care of the inevitable casualties of a free-market economy. This is true even when the economy is buoyant...

Symposium on Lifelong Learning in Professionalism: live webcast on Friday Feb. 20)

Posted on February 19, 2009
On Friday February 20, 2009, the Centre for the Legal Profession at the Faculty of Law, University of Toronto, is hosting a Symposium on "Lifelong Learning in Professionalism" organized by the Chief Justice of Ontario's Advisory Committee on Professionalism...

BCE Decision Roundtable, March 27, 2009

Posted on February 13, 2009
Faculty of Law, University Of TorontoFlavelle House, 78 Queen's Park, McCarthy T�trault Classroom (FLA) In December 2008, the Supreme Court of Canada released its reasons in the highly publicized BCE case, affirming that Canadian corporate directors owe their fiduciary duty to the corporation and only the corporation...

Ed Morgan - "Taking a Buy Canadian route would be a legal sell-out"

Posted on February 13, 2009
This article was first published in the Globe and Mail on February 12, 2009.In one of his more dramatic Question Period performances, the federal NDP Leader announced last week that the ?United States has had a Buy American Act for 76 years,? and that ?it's perfectly legal...

Jeffrey MacIntosh: "Pegged orders: an unfair trade"

Posted on January 15, 2009
This article was first published in the Financial Post on January 13, 2008.In the old days, stock exchanges had a monopoly on trading listed stocks. Not any more. These days, electronic platforms known as ?alternative trading systems? (ATSs) provide investors with a variety of trading forums...

Lorraine E. Weinrib: Shooting down polygamy law not necessarily a slam dunk

Posted on January 13, 2009
The following commentary by Professor Lorraine Weinrib was published in the Toronto Star, January 13, 2009.The attorney general of British Columbia has announced criminal prosecutions against two leaders of the Fundamentalist Church of Jesus Christ of Latter Day Saints for breach of the Criminal Code prohibition against polygamy...

Ben Alarie: Supreme Court of Canada's Decision in Lipson

Posted on January 08, 2009
Earlier today the Supreme Court of Canada released its judgment in the Lipson case (about which I blogged earlier here). The Court was sharply divided, 4-3, in favour of dismissing the taxpayer's appeal from the decision of the Federal Court of Appeal...

Ernest Weinrib: A betrayal of the teaching profession

Posted on January 06, 2009
Sid Ryan, the President of CUPE Ontario has re-launched a campaign to boycott Israeli academics and ban them from doing speaking, teaching or research work at Ontario universities. About a year and half ago, in response to similar initiatives undertaken by Britain's University and College Union, our colleague Prof...

Anita Anand - Backing the BCE Board

Posted on December 19, 2008
Today, the Supreme Court of Canada released its long-awaited judgment in the BCE case. The Supreme Court had previously indicated that it would overturn the decision of the Quebec Court of Appeal but today we found out the bases on which it did so. We also found out the current thinking from the Court on directors duties...

Ed Morgan - "Sunshine Cases of a Little Constitution"

Posted on December 16, 2008
Prof. Ed Morgan has posted a new paper to SSRN entitled "Sunshine Cases of a Little Constitution." The paper can be downloaded here.This paper revisits some of Canada's early constitutional history, taking as a starting point the view that constitutional evolution is the country's great national project...

Lorne Sossin and Lorraine Weinrib - "Canada's constitutional 'black box'"

Posted on December 12, 2008
In a commentary in the National Post, Professors Lorraine Weinrib and Lorne Sossin argue that the Governor-General's decision-making should be public and transparent in situations such as the recent request by the Prime Minister to prorogue Parliament ("Canada's constitutional 'black box'," December 11, 2008)...

Ben Alarie - Tax-Free Savings Accounts

Posted on December 12, 2008
I've posted a new paper on SSRN that analyzes the new "tax-free savings accounts" that are soon to be available in Canada (they will be coming to a financial institution near you in January). You may recall having seen one (or more) of the now ubiquitous advertisements for the accounts...

Prorogation, Dissolution, and the Vicissitudes of Minority Government

Posted on December 11, 2008
There is a disturbing trend in much of the commentary precipitated by the events of the last two weeks culminating in Governor General Micha??l Jean???s decision to prorogue Parliament. Much of the commentary rightly notes that the decision to prorogue, and even to dissolve Parliament, is a prerogative and, therefore, a matter of discretion that rests solely with the Governor...

Peter Russell - Lessons From Our Most Recent ?Constitutional Crisis?

Posted on December 10, 2008
On Friday, Dec. 5, 2008 the University of Toronto Faculty of Law hosted a panel discussion about the Governor-General's decision to prorogue parliament. The following is a summary of the remarks made by panelist Peter Russell.Constitutional conventionsThis has been a period of great uncertainty about some of the ?unwritten? conventions of our constitution...

Lorne Sossin - "Was the Governor General's Decision to Prorogue Parliament Constitutional?"

Posted on December 09, 2008
On Friday, Dec. 5, 2008 the University of Toronto Faculty of Law hosted a panel discussion about the Governor-General's decision to prorogue parliament. The following is a summary of the remarks made by panelist Lorne Sossin.In light of the presentations, questions and comments on the panel, there are three broad constitutional principles imperiled by the recent decision by the Governor...

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