Working with Bertha Wilson: Perspectives on Liberty, Judicial Decision-Making and a Judge’s Role

This paper examines the way in which Justice Wilson approached decision-making in several significant Charter cases concerning freedom of expression and liberty that came before the Supreme Court of Canada during its 1989-90 term. The author explores Bertha Wilson’s views on the constitutional constraints within which judicial decision-making must take place and her understanding of a judge’s role. The paper emphasizes her concern to develop sound methodological approaches to analyzing those aspects of the Charter rights at play in the cases that came before the Court. It also observes that she took great care not to deal with questions concerning the scope or substance of Charter rights that were not engaged in the cases before the Court. The paper stresses that much can be learned about her views on the constitutional limits to a judge’s role from an examination of paths that she did not go down when engaged in Charter analysis. The author concludes that Justice Wilson’s decisions were the outcome of a well-developed view of the constraints within which the judiciary must operate in order to maintain its legitimacy

Was Dinosaurian Physiology Inherited by Birds? Reconciling Slow Growth in Archaeopteryx

Archaeopteryx is the oldest and most primitive known bird (Avialae). It is believed that the growth and energetic physiology of basalmost birds such as Archaeopteryx were inherited in their entirety from non-avialan dinosaurs. This hypothesis predicts that the long bones in these birds formed using rapidly growing, well-vascularized woven tissue typical of non-avialan dinosaurs. We report that Archaeopteryx long bones are composed of nearly avascular parallel-fibered bone. This is among the slowest growing osseous tissues and is common in ectothermic reptiles. These findings dispute the hypothesis that non-avialan dinosaur growth and physiology were inherited in totality by the first birds. Examining these findings in a phylogenetic context required intensive sampling of outgroup dinosaurs and basalmost birds. Our results demonstrate the presence of a scale-dependent maniraptoran histological continuum that Archaeopteryx and other basalmost birds follow. Growth analysis for Archaeopteryx suggests that these animals showed exponential growth rates like non-avialan dinosaurs, three times slower than living precocial birds, but still within the lowermost range for all endothermic vertebrates. The unexpected histology of Archaeopteryx and other basalmost birds is actually consistent with retention of the phylogenetically earlier paravian dinosaur condition when size is considered. The first birds were simply feathered dinosaurs with respect to growth and energetic physiology. The evolution of the novel pattern in modern forms occurred later in the group's history

Business Organizations: Principles, Policies, and Practice

Business Organizations: Principles, Policies, and Practice provides a comprehensive and up-to-date account of legal developments and scholarship relating to the forms of business organization in Canada. The law governing the corporate form is treated in detail, and partnerships and business trusts (including rapidly evolving developments concerning income trusts) are also carefully analyzed. The text provides a unique perspective on Canadian business law by considering how other bodies of law that intersect with corporate law, such as securities law and insolvency, shape the context in which Canadian corporations operate. The casebook considers contemporary developments in corporate law from a range of critical and scholarly perspectives so that students may easily understand the nature and purpose of corporations and their role in the economy and society. As well as providing a rich body of relevant information about evolving corporate law and scholarship, the casebook emphasizes problem-based learning and highlights the relationship between business law and practice, as well as current trends in corporate governance in the post-Enron era.https://digitalcommons.osgoode.yorku.ca/faculty_books/1033/thumbnail.jp

The identification of 100 ecological questions of high policy relevance in the UK

1. Evidence-based policy requires researchers to provide the answers to ecological questions that are of interest to policy makers. To find out what those questions are in the UK, representatives from 28 organizations involved in policy, together with scientists from 10 academic institutions, were asked to generate a list of questions from their organizations. 2. During a 2-day workshop the initial list of 1003 questions generated from consulting at least 654 policy makers and academics was used as a basis for generating a short list of 100 questions of significant policy relevance. Short-listing was decided on the basis of the preferences of the representatives from the policy-led organizations. 3. The areas covered included most major issues of environmental concern in the UK, including agriculture, marine fisheries, climate change, ecosystem function and land management. 4. The most striking outcome was the preference for general questions rather than narrow ones. The reason is that policy is driven by broad issues rather than specific ones. In contrast, scientists are frequently best equipped to answer specific questions. This means that it may be necessary to extract the underpinning specific question before researchers can proceed. 5. Synthesis and applications. Greater communication between policy makers and scientists is required in order to ensure that applied ecologists are dealing with issues in a way that can feed into policy. It is particularly important that applied ecologists emphasize the generic value of their work wherever possible