Faculty of Law Faculty Publications

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    The Taxation of Women in Canada: A Research Report
    (Faculty of Law, Queen's University, 1988-09) Lahey, Kathleen
    Adopting a feminist approach to tax law and economic policy, The Taxation of Women in Canada demonstrates that the entire Canadian tax system assumes, reinforces, and contributes to women's poverty and overwork. Despite decades of tax reforms inspired by the Carter Commission Report in the 1960s and the systemic changes recommended in the 1987 White Paper on Tax Reform, women in Canada remain overworked, undercompensated, and overtaxed. This study examines the dimensions of women's poverty and overwork, links them with the overtaxation of women as a sex class, and criticizes tax "reforms" that do not treat women's social, economic, and legal status as a serious concern of tax policy.
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    Elementary Teachers’ Cognitive Processes and Metacognitive Strategies during Self-Directed Online Learning
    (Taylor & Francis, 2021-01-03) Beach, Pamela; Henderson, Gail; McConnel, Jen
    This study involves an in-depth examination of Canadian elementary teachers’ cognitive processes and metacognitive strategies they used during a self-directed online learning experience. The virtual revisit think aloud, a methodology that combines a retrospective procedure with screen recording technology, was used to capture verbalisations from 13 elementary teachers as they used an online database. Resulting think aloud protocols and post-task interviews were analysed using qualitative methods. An inductive approach to analysis led to six themes related to the types of cognitive processes and metacognitive strategies teachers use during self-directed online learning: connecting to practice, tweaking and adapting, narrowing the focus, skimming through, reading for depth, and source credibility. The teachers in this study demonstrated a non-linear iterative process in which they continuously planned, monitored, and evaluated their learning during the self-directed online learning experience. Implications for teacher learning and research are discussed.
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    Global Civil Procedure
    (2021) King, Alyssa
    A “global” civil procedure has emerged and found its way into debates over procedural reform in both international and domestic arenas. Global civil procedure includes the procedural rules, practices, and social understandings that govern transnational litigation and arbitration. A global civil procedure norm is a norm adopted across courts or arbitration providers with the purpose of making that jurisdiction or provider more competitive in attracting transnational litigation or arbitration. Global civil procedure norms are at stake in multiple present trends and debates, including model laws in commercial arbitration, the procedure of international tribunals, the debate over investment dispute resolution, the rise of courts oriented towards international litigation, and sprawling litigation spanning multiple jurisdictions and fora. On a surface level, the values reflected in global civil procedure seem to be roughly the same across jurisdictions. A common language has emerged around competition for litigation business and procedure values such as efficiency, certainty, and impartiality. Yet different legal systems do not necessarily agree on the purpose of various shared elements of global civil procedure. For democracies, for instance, the purpose of procedural reforms might be to facilitate access to justice. Other countries may favor the same reforms because they facilitate top-down administrative control of judges. Surface agreement can submerge divergent logics that may ultimately lead to very different applications of harmonized rules. This Article begins by introducing the concept of global civil procedure, who uses it, and how. Next, it considers several examples of the phenomenon including conflicts of interest rules for adjudicators, aggregation, and discovery or disclosure rules. Finally, it considers the limits of global civil procedure. Although the rhetoric of procedural competition can be heard across systems, procedural values do not necessarily translate both in terms of enduring divisions between legal traditions and in terms of applications by current political regimes.
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    Ontario's Pandemic Procedure
    (2021) King, Alyssa
    This article explores the relationship between procedural changes made as a result of the pandemic and pre-existing trends in global civil procedure. Part I explains some of the core similarities and differences between global civil procedure and civil procedure that is part of a global pandemic response. Part II examines changes made to Ontario’s civil procedure as a result of COVID-19. It focuses on the role of the internet in shifts away from traditional elements of the common law civil litigation process such as juries, continuity, and frequent oral proceedings. Part III argues that pandemic procedure ought to accord with Ontario’s procedure values, including access to justice and legality.
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    Access Copyright and the Proposed Model Copyright Licence Agreement: A Shakespearean Tragedy
    (Carswell, 2012-11-01) Amani, Bita
    Copyright law amended in Canada -- users' rights to deal fairly with works for the purposes of research and private study -- whether teachers could make photocopies for distribution to students -- Proposed Model Licence (PAC) with Access Copyright (AC) -- issues resulting from contracts with AC -- PAC was modelled on the proposed tariff -- timing of the deadline for universities to agree to the PAC licence -- assumptions regarding the best means of mitigating risk -- narrow calculation of what risk of litigation and liability might entail -- destabilise Access Copyright's market position as the best means of ensuring fair access to works for educational institutions.