Scholarship at UWindsor

    Mandatory Family Mediation and the Settlement Mission: A Feminist Critique

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    North American family law conflicts are very often brought to mediation, in which a neutral third party attempts to bring about a voluntary resolution of the spouses’ dispute. Family mediation has many enthusiastic supporters, and has in many jurisdictions been made a mandatory precursor to traditional litigation. However, it has also given rise to a potent feminist critique, which identifies power imbalance and domestic violence as sources of exploitation and unjust mediated outcomes. This article summarizes the feminist critique of family mediation, and assesses the efforts of contemporary mediation practice to respond to it. Even in the absence of formal family mediation, litigating spouses are likely to be subjected to substantial informal pressure to settle from judges and other family justice system workers. The article argues that the feminist critique might be more relevant to this “settlement mission” than it is to formal family mediation as it is practised today

    What is the Historiography of Books? Recent Studies in Authorship, Publishing, and Reading in Modern Britain and North America

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    Historical and literary studies of the history of the book and of reading habits in modern Anglo-American history tend to approach their subject either from the perspective of readers and publishers or from that of authors. The former works constitute a nascent historiography, addressing the problem of how the material book was used to create and replicate culture; the latter studies are more concerned with how literary authors used texts to influence and negotiate culture. This article critically reviews the two bodies of scholarship and identifies the importance of copyright and reprinting; it comments on the value of trans-national or other broad studies as opposed to specific investigations of a particular canonical text or local publishing/reading community

    Benefits of Turbid River Plume Habitat for Lake Erie Yellow Perch (Perca flavescens) Recruitment Determined by Juvenile to Larval Genotype Assignment

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    Nutrient-rich, turbid river plumes that are common to large lakes and coastal marine ecosystems have been hypothesized to benefit survival of fish during early life stages by increasing food availability and (or) reducing vulnerability to visual predators. However, evidence that river plumes truly benefit the recruitment process remains meager for both freshwater and marine fishes. Here, we use genotype assignment between juvenile and larval yellow perch (Perca flavescens) from western Lake Erie to estimate and compare recruitment to the age-0 juvenile stage for larvae residing inside the highly turbid, south-shore Maumee River plume versus those occupying the less turbid, more northerly Detroit River plume. Bayesian genotype assignment of a mixed assemblage of juvenile (age-0) yellow perch to putative larval source populations established that recruitment of larvae was higher from the turbid Maumee River plume than for the less turbid Detroit River plume during 2006 and 2007, but not in 2008. Our findings add to the growing evidence that turbid river plumes can indeed enhance survival of fish larvae to recruited life stages, and also demonstrate how novel population genetic analyses of early life stages can contribute to determining critical early life stage processes in the fish recruitment process

    Bhasin v. Hrynew: A New Era For Good Faith in Canadian Employment Law, or Just Tinkering at the Margins?

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    In Commonwealth Bank Australia v Barker the High Court of Australia refused to impose an implied duty of mutual trust and confidence into the employment contract, reasoning that doing so would take the Court beyond its legitimate authority.[1] Issued a bare two months later, the Supreme Court of Canada went in a different direction. In Bhasin v. Hrynew, the Court acknowledged good faith as a central organizing principle of contract law, and announced a new duty of honest performance applicable to all contracts. A few months later the Court applied the new organizing principle of good faith to circumscribe the exercise of an employer’s discretion in Potter v. New Brunswick Legal Aid Services Commission.[2] This paper will assess the potential impact of Bhasin and Potter on the shape of Canadian employment law. In particular, it will reflect on whether these two cases open to the door to greater judicial oversight of the day-to-day interactions between employers and employees, an area as yet relatively unregulated by the Canadian common law. [1] Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 September 2014) [Barker] [2] Bhasin v. Hrynew, 2014 SCC 71 [Bhasin]; Potter v. Legal Aid Services Commission, 2015 SCC 10 [Potter]

    Formalizing Informal Logic

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    In this paper we investigate the extent to which formal argumentation models can handle ten basic characteristics of informal logic identified in the informal logic literature. By showing how almost all of these characteristics can be successfully modelled formally, we claim that good progress can be made toward the project of formalizing informal logic. Of the formal argumentation models available, we chose the Carneades Argumentation System (CAS), a formal, computational model of argument that uses argument graphs as its basis, structures of a kind very familiar to practitioners of informal logic through their use of argument diagrams
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