Author: University of Toronto Law Journal

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University of Toronto Law Journal – Volume 66, Number 4, Fall 2016

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University of Toronto Law Journal – Volume 66, Number 4, Fall 2016

FOCUS FEATURE: ARTIFICIAL INTELLIGENCE, BIG DATA, AND THE FUTURE OF LAW

In this Focus Feature, we argue that machines will perform many of the tasks currently performed by lawmakers, judges, and lawyers. However, rather than offer a dystopian vision of a legal world run by machines, we suggest that the changes will be mostly beneficial. … Anthony Casey and Anthony Niblett explore how the dichotomy of rules and standards will vanish in a world of such vast information. Rules are simplistic and precise, but they are rarely ideal because they do not factor in particular circumstances. They are often too strict or too loose. Standards are vague and create costly legal uncertainty and risk aversion. …  Benjamin Alarie explores the transition from an analogue world with slow and costly communication to a digitally connected world with real time and nearly costless communication, and he predicts that it will bring with it significant societal advantages. In the long run, Alarie predicts the advent of ‘legal singularity.’ With the realization of legal singularity, a complete specification of tax law (and, indeed, all of the other areas of law) is predicted. …  Albert Yoon argues that the technology will augment, rather than replace, lawyers. Lawyers will need to adapt as particular tasks become automated. Yoon argues that in the same way that electronic spreadsheets changed the nature of accounting, the effect of augmenting technologies will be a net positive for the legal services industry. Innovative law firms will be able to provide cheaper, faster, and more accurate legal advice. (excerpt from “Law in the future”)

Law in the future
Benjamin Alarie, Anthony Niblett, and Albert H Yoon

Self-driving laws
Anthony J Casey and Anthony Niblett

The path of the law: Towards legal singularity
Benjamin Alarie

The post-modern lawyer: Technology and the democratization of legal representation
Albert H Yoon

ARTICLES
Acquisitive prescription and fundamental rights
Neil Duxbury

Rethinking original ownership
Yael R Lifshitz

Quantifying Dunsmuir: An empirical analysis of the Supreme Court of Canada’s jurisprudence on standard of review
Robert Danay

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 66, Number 3, Summer 2016

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University of Toronto Law Journal – Volume 66, Number 3, Summer 2016

FOCUS FEATURE: THE FUTURE OF LAW AND DEVELOPMENT
In this focus feature, David Trubek and Michael Trebilcock present an assessment of the past forty years of the law and development movement and map the challenges that lie ahead. While law and development research today seems to be on more solid ground than it was in the late 1960s and early 1970s, it is still at risk of facing a second demise. The recent revival of the law and development movement has been marked by a research agenda increasingly attuned to the importance of local context. On the one hand, contextualization has countered the ethnocentric analysis produced in the Global North and exported to developing countries in the 1960s. On the other hand, attention to context has caused a severe fragmentation of the academic dialogue, as the concern with adaptation to particular circumstances defies any attempt to somehow connect these research efforts in one single conceptual framework. The new generation of law and development scholars is thus left with the challenge of maintaining contextualization, while avoiding letting the movement break down into a ‘series of self-referential silos.’

The past and future of law and development
Mariana Mota Prado

Law and development: Forty years after ‘Scholars in Self-Estrangement’
David M Trubek

Between universalism and relativism: Reflections on the evolution of law and development studies
Michael Trebilcock

ARTICLES
Enhancing moral relationships through strict liability
Seana Valentine Shiffrin

Taking on responsibility and trusting others: A response to Shiffrin
Sophia Moreau

The utopian promise of private law
Hanoch Dagan

BOOK REVIEW
Thomas Piketty Capital in the Twenty-First Century
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.

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University of Toronto Law Journal – Volume 66, Number 2, Spring 2016

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University of Toronto Law Journal – Volume 66, Number 2, Spring 2016

ARTICLES

An Economic Analysis Of Waiver Of Tort In Negligence Actions
Edward M Iacobucci and Michael J Trebilcock

The Inhospitable Court
Elaine Craig

Disgorgement: From Property To Contract
Nicholas W Sage

REVIEW ARTICLE

The Politics Of Comparative Constitutional Inquiry: At The Crossroads Of Law, Political Science, And Ideology
Michel Rosenfeld

 

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 66, Number 1, Winter 2016

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University of Toronto Law Journal – Volume 66, Number 1, Winter 2016
Public Law for the Twenty-First Century – special symposium issue

ARTICLES
Introduction: Public law for the twenty-first century
David Dyzenhaus

Polycentricity and queue jumping in public law remedies: A two-track response
Kent Roach

Public law and ordinary legal method: Revisiting Dicey’s approach to droit administratif
Mark D Walters

The lure and the limits of dialogue
Aileen Kavanagh

Adjudicating constitutional rights in administrative law
Tom Hickman

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 65, Number 4, Fall 2015

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University of Toronto Law Journal – Volume 65, Number 4, Fall 2015

ARTICLES
The lawyer as fiduciary: Defining private law duties in public law relations Alice Woolley

Panel selection on high courts Benjamin Alarie, Andrew Green, and Edward M Iacobucci

Tribunal administration and the duty to consult: A study of the National Energy Board Sari Graben and Abbey Sinclair

BOOK REVIEW
Middle Income Access to Justice Benjamin H Barton, Helen Lockett, and Charles Lockett

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 65, Number 3, Summer 2015

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University of Toronto Law Journal – Volume 65, Number 3, Summer 2015

The (ir)relevance of constitutional protection for property rights? Compensation for takings in Canada and the United States
Cherie Metcalf

Administrative decentralization and tax compliance: A transactional cost perspective
Wei Cui

Taking purposes seriously: The purposive scope and textual bounds of interpretation under the Canadian Charter of Rights and Freedoms
Benjamin J Oliphant

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 65, Number 2, Spring 2015

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University of Toronto Law Journal – Volume 65, Number 2, Spring 2015

The Mystery Of Privity: Grand Trunk Railway Company Of Canada v Robinson (1915)
Catharine MacMillan

The Importance Of Being Earnest: Two Notions Of Internalization
Daphna Lewinsohn-Zamir

Victim Impact Statements At Sentencing: Towards A Clearer Understanding Of Their Aims
Marie Manikis

Book Review
Neil Duxbury, Elements of Legislation, reviewed by Anver M Emon
Richard Ekins, The Nature of Legislative Intent, reviewed by Anver M Emon
Julie Cohen, Configuring the Networked Self: Law, Code and the Play of Everyday Practice, reviewed by David Lyon
Margaret Jane Radin, Boilerplate, the Fine Print, Vanishing Rights, and the Rule of Law, reviewed by Pascale Chapdelaine

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 65, Number 1, Winter 2015

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University of Toronto Law Journal – Volume 65, Number 1, Winter 2015

The Stripping of the Trust: A Study In Legal Evolution
Adam S Hofri-Winogradow

The Fault of Trespass
Avihay Dorfman, Assaf Jacob

How Tort Law Empowers
Ori J Herstein

BOOK REVIEW
Jack Balkin, Living Originalism, reviewed by Paul Daly

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 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.