Western Journal of Legal Studies最新文献_第3页

Direct Discrimination and Indirect Discrimination: A Distinction with a Difference 直接歧视与间接歧视:有区别的区别

Western Journal of Legal Studies Pub Date : 2019-06-20 DOI: 10.5206/UWOJLS.V9I2.8072

A. Yu

引用次数: 2

Whistleblowing in Canada 加拿大的告密者

Western Journal of Legal Studies Pub Date : 2019-02-01 DOI: 10.5206/UWOJLS.V9I1.6838

Siavash Vatanchi

引用次数: 0

Runaway Jurors 失控的陪审团

Western Journal of Legal Studies Pub Date : 2019-02-01 DOI: 10.5206/uwojls.v9i1.6836

K. Hogg

引用次数: 0

Good Intentions, Questionable Results 良好的意图，可疑的结果

Western Journal of Legal Studies Pub Date : 2019-02-01 DOI: 10.5206/UWOJLS.V9I1.6826

Kayla R. Gordon

引用次数: 2

Two Myths of Administrative Law 行政法的两个神话

Western Journal of Legal Studies Pub Date : 2019-02-01 DOI: 10.5206/uwojls.v9i1.6837

Mark Mancini

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引用次数: 0

The Misinformed Versus the Misunderstood 误解与误解

Western Journal of Legal Studies Pub Date : 2019-02-01 DOI: 10.5206/UWOJLS.V9I1.6639

Isaac Heo

{"title":"The Misinformed Versus the Misunderstood","authors":"Isaac Heo","doi":"10.5206/UWOJLS.V9I1.6639","DOIUrl":"https://doi.org/10.5206/UWOJLS.V9I1.6639","url":null,"abstract":"The Youth Criminal Justice Act (YCJA) came into effect in 2003 as a response to the overincarceration of youth that occurred under its predecessor, the Young Offender’s Act (YOA). Parliament’s intention was clear in repealing and replacing the YOA in favour of the more restorative YCJA: no longer would custody be considered an appropriate response to youth crime. More than a decade has passed since the introduction of the YCJA, and statistics reveal that it has had incredible success in reducing the rate of overall youth incarceration. What remains problematic, however, is the persistent and prevailing issue of the overincarceration of Indigenous youth. \u0000The purpose of this article is to unpack the complexity of this issue, identify its causes, and to ultimately propose different strategies to help reduce a custodial response to Indigenous youth crime. In achieving this goal, the article will begin with an overview of the YCJA and an exploration of its restorative provisions to argue that the legislation itself is not at fault. The article will then provide current statistics on the overincarceration of Indigenous youth, and subsequently, examine some of the most popular explanations as to why the issue continues to persist. Finally, and perhaps most importantly, the article will conclude by proposing several strategies – such as the implementation of more Aboriginal Youth Courts – to better address the overincarceration of Indigenous youth moving forward.","PeriodicalId":40917,"journal":{"name":"Western Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49400945","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Galambos v Perez, its Critics, and the Equity-Certainty Paradox in Fiduciary Law Galambos诉Perez案及其批评者，以及信托法中的公平-确定性悖论

Western Journal of Legal Studies Pub Date : 1900-01-01 DOI: 10.5206/uwojls.v11i1.10724

Calvin DeWolfe

引用次数: 0

Nihkitimahkinawow ekwa Nihkitimahkisin: Pity and Compassion in Cree Law Nihkitimahkisin:克里法律中的怜悯与同情

Western Journal of Legal Studies Pub Date : 1900-01-01 DOI: 10.5206/uwojls.v11i1.10784

Nigel Baker-Grenier

{"title":"Nihkitimahkinawow ekwa Nihkitimahkisin: Pity and Compassion in Cree Law","authors":"Nigel Baker-Grenier","doi":"10.5206/uwojls.v11i1.10784","DOIUrl":"https://doi.org/10.5206/uwojls.v11i1.10784","url":null,"abstract":"In Nêhiyawêwin (Plains Cree language), kitimahkinawaw translates as “to takepity on someone”. Kitimahkinawaw describes the quality of a person’s actions when theyshow kindness, pity, and compassion towards others. Cree law includes a responsibilityto treat others with kitimahkinawaw, which encompasses a duty to care for the elderly,poor, homeless, and sick. Further, it requires us to treat people who are harmful withfairness and compassion. The purpose of kitimahkinawaw is to mitigate suffering,especially the struggles experienced by marginalized people. Kitimahkisin means “apitiful person”. Kitimahkisin includes a recognition that we are dependent uponpakwataskamik (the land), Kisemanito (Creator), and each other for our sustenance.Each person has a gift and we have a responsibility to use these gifts to benefit society,for we are all kitimahkisin. The author argues that kitimahkinawaw and kitimahkisin arelegal principles within the Cree legal order which guide relationships between the manyanimate beings within Cree epistemology. The author draws upon âtayôhkêwin (stories),Nêhiyawêwin, and Indigenous legal theory to illustrate the complexities and nuanceswithin the principles of kitimahkinawow and kitimahkisin. Kitimahkinawow andkitimahkisin are living laws which obtain meaning through the practice of caring for thepoor and marginalized.","PeriodicalId":40917,"journal":{"name":"Western Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70664543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1