Windsor Yearbook of Access to Justice
Papers 243
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#1Carol Liao (UBC: University of British Columbia)H-Index: 2
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New laws designed to foster and govern social enterprises are propagating throughout the world. Beyond American initiatives, relatively little has been written to date on the global contagion of lawmaking to address the burgeoning field of social enterprise. Increased corporate lobbying to transplant American “benefit” corporation legislation into other countries, with little sensitivity towards existing legal ecosystems in those nations, has generated an urgency to broaden the literature and un...
#1Janet Austin (UNB: University of New Brunswick)H-Index: 2
#2Sulette Lombard (Flinders University)H-Index: 1
Since the introduction of a whistle-blower awards program by the US Securities and Exchange Commission in 2010, securities regulators in other countries, including Canada, have adopted, or are considering adopting, similar programs. For example, in 2016, the Ontario Securities Commission adopted its own whistle-blower award program. Although the primary main reason for these programs is to encourage the reporting of securities violations to the regulator, they could also have an impact on corpor...
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This article makes a novel argument that governance of corporate environmental activities should recognize that the business corporation is an aesthetic phenomenon, including the environmental practices and communications undertaken in the name of “corporate social responsibility” [CSR]. Corporate identities and CSR practices are aesthetically projected through logos, trademarks, websites, the presentation of products and services, stylish offices, company uniforms, and other aesthetic artefacts...
Civic republicanism endorses a freedom ideology that can support the corporate social responsibility movement [CSR] in some of the challenges it faces. This article is a call for CSR to embrace this normative guidance as a superior alternative to mainstream liberalism. Part I is the introduction. Part II discusses the institutional changes that gave rise to CSR’s present incarnation. Part III builds upon this discussion, explaining how corporate risk management strategies pose a threat to CSR’s ...
Despite evidence that both gender and ethnically diverse leadership is good for businesses’ bottom line, just one in five senior North American business leaders is female, one in thirty a woman of colour. Little literature exists applying behavioural economics [BE] concepts to explain gender gaps. Yet, as demonstrated by the 2010 UK Conservative-Liberal Democrats coalition government, the Obama government in the US and Trudeau government in Canada, lawmakers, policymakers and business leaders ar...
Law societies in Canada have long been granted the privilege of self-regulation by the state – a privilege that comes with a statutory duty to govern in the public interest. There exists an access to justice crisis in this country. More must be done to address unmet legal needs. There is nothing new in this, but law societies across Canada are reluctant to implement at least one ready solution. Ontario introduced paralegal regulation over ten years ago with the promise that it would increase acc...
The role of China’s barefoot lawyers, or paralegals, working in rural areas, is scarcely addressed in studies of China’s legal reforms, either in China or in the West. This study seeks to identify their contribution to access to civil justice in China. A comparative approach is used. First, the contribution of paralegals elsewhere in the world must be addressed to put China’s barefoot lawyers into context. Similarly, the proposed analysis is retrospective, given the China’s current political env...
Throughout the 18thcentury, the eastern Wabanakipeoples and the British Crown negotiated several Peace and Friendship Treaties, as well as Compacts, to properly situate the Crown among the WabankiConfederacy (Mi’kmaq, Penobscot, Wulstukwiuk, Passamaqoddy). One treaty was the Wabanaki Compactof 1725-26. The agreements that comprised the Wabanaki Compactwere negotiated in the years succeeding the Treaty of Utrecht (1713) and the Indigenous - Crown skirmishes and raids that culminated in Dummer’s W...
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Human rights