Osgoode Professional Development Centre, 1 Dundas West, 26th floor. Toronto, Ontario.
BEYOND LAW: AT THE EDGES OF LAW’S AMBIT
Thursday, May 20th8:15-9:00 AM: REGISTRATION AND BREAKFAST (Room E)
9:00-9:15 AM: CONFERENCE WELCOME (Room C)
9:00: GLSA President Stu Marvel – Welcome Message
9:05: Welcome Message from Incoming Dean Lorne Sossin
9:15 – 10:35 AM: KEYNOTE ADDRESS(Room C)
PROFESSOR JANET HALLEY (Harvard Law School)
10:35 – 10:50: COFFEE BREAK (Room E)
10:50 -12:00pm: PANELS I & II
PANEL I: Tracking Financial Actors From Civil Society to the Marketplace (Room C)
DISCUSSANT: ANITA ANAND(University of Toronto Law)CHAIR: Charis Kamphuis
Virginia Torrie (LLM Candidate, Osgoode Hall Law School), Accounting Knowledge for Securities Law Scholarship
Vanisha H. Sukdeo (PhD Candidate, Osgoode Hall Law School), Corporate Social Responsibility and the Intersection of Workers’ Rights
Lori McMillan (Associate Professor of Law, Washburn University School of Law), Public Benefit Theory and Noncharitable Nonprofit Organizations in Canada
Sponsored by the Graduate Program in Law at Osgoode Hall Law School
PANEL II: Human Rights in Question: ‘Metanarratives of (Dis) Ability’ (Room D)
DISCUSSANT: LES JACOBS (York)
CHAIR: Ruby Dhand
Megan Evans Maxwell (SJD Candidate, University of Toronto), Substantive Socioeconomic Rights: The Missing Link in the Evolution of Canadian Human Rights Jurisprudence
Susan Barak (PhD Candidate, York University), Of Tort and Trauma: the Vital Nature of Legal Remedies to Address and Redress
Bonita Heath (PhD Candidate, York University), Benefits versus Rights: A False Dichotomy in the Political Economy of Disability?
Sponsored by the York Centre for Public Policy and Law
12:00 -1:00 PM: LUNCH (Room E)
NOON SEMINAR – Edward Elgar Publishing, Law Acquisitions Editor Tara Gorvine (Room B)
1:00 – 2:50 PM: PANELS III & IV
PANEL III: Sustaining Resources, People & the Environment (Room C)
DISCUSSANT: TBC(Osgoode) CHAIR: Patricia Hania
Karen Fernandes (LLM Candidate, Osgoode Hall Law School), Regulation, Sustainability and Planning Controls: Assessing the Global Development of Inclusive Communities
Sarah Hamill (PhD Candidate, University of Alberta), Creation and Control: the Battle to Control Liquor and Natural Resources in Alberta, 1905 – c.1940
Priscila B. Becker (LLM Candidate, Osgoode Hall Law School), The Convention on Biological Diversity, Indigenous Peoples and Conservation of Biodiversity
Tiffany MacLellan (MA Candidate, Ottawa University), Protecting Gaps or Addressing them: The Nexus between Climate Change and Forced Migration
Mostafa Mahmud Naser (PhD Candidate, Macquarie University), Climate Change and Forced Migration: In Search of Recognition in International Law
Sponsored by the Institute for Research and Innovation in Sustainability
PANEL IV: Rethinking Law’s Method
(Room D)
DISCUSSANT: BRUCE RYDER (Osgoode) CHAIR: Claire Mumme
Anastasia Tataryn (PhD Candidate, University of Ottawa), Excavations, Revolutions and Legal Research Methodologies: Bring the Inside-Out or the Out-Inside
Amaya Alvez (PhD Candidate, Osgoode Hall Law School) Proportionality Analysis at the intersection of Comparative Law and Socio-Legal Studies
Erika Arban (PhD Candidate, University of Ottawa), Suggesting methodological approaches to the study of Comparative Constitutional Law
F.E. Guerra-Pujol (Associate Professor Barry University Dwayne O. School of Law), Mathematics and the Law: A Misunderstood Relation
Keith Crawford (PhD Candidate, University of Nottingham School of Law) Power, Replication and Certainty: Problems with the use of Econometrics in Law
Sponsored by the Graduate Program in Law at Osgoode Hall Law School
2:50 – 4:00 PM: PANELS V & VI
PANEL V – Tracking Copyrights Across the Globe (Room C)
DISCUSSANT: CARYS CRAIG(Osgoode)
CHAIR: Vanisha H. Sukdeo
Khadijeh Hamidian Shour Masty (PhD Candidate, University of Leeds), The Position of Copyright in Shia Islamic Jurisprudence and its Effect on the Future of Copyright Law in Jurisdiction Under its Influence
Dilan Thampapillai (PhD Candidate, Melbourne University), Copyright Reform for an Innovation Economy: an Australian Example in Time of Free Trade Agreements?
Jie Hua (PhD Candidate, University of Hong Kong), A Comparative Perspective: Copyright Protection Mechanism on Folklore in China
Sponsored by the York Centre for Public Policy and Law
PANEL VI:Legal Immanence: Religion, Mythology and the Influence of the Divine (Room D)
DISCUSSANT: JANET MOSHER (Osgoode)CHAIR: Stu Marvel
Nicholas A. Bastine (PhD Candidate, Osgoode Hall Law School), Trokosi: An Investigation into Oppression of Ghanaian Women and the Relevance of National and International Laws for the Protection of Women and Children in Ghana
Farah Deeba Chowdhury (PhD Candidate, Osgoode Hall Law School), The Islamic Law of Dower and Maintenance: Case Studies of Iran, Tunisia and Bangladesh
Sirus Kashefi (PhD Candidate, Osgoode Hall Law School), God, Myth, and the State
Sponsored by the Graduate Program in Law at Osgoode Hall Law School
4:00 – 4:15 PM: COFFEE BREAK(Room E)
4:25 – 5:55 PM: PANELS VII & VIII
PANEL VII: Knowledges Across Time: Traditional and Contemporary Frameworks (Room D)
Ana Eduarda Santos (SJD Candidate, Duke University), Opening Up Intellectual Property in the Information Age
Mizanur Rahaman (PhD Candidate, Kent Law School), Agrobiotechnology, Global Intellectual Property Laws and Biopolitics;
Chris Plecash (MA Candidate, York University), Intellectual Property and the Endangerment of traditional Knowledge – the Case for Tribal Rights
Daniel R. Ruhweza (PhD Candidate, Kent Law School), Old Wine in New Jars: Re-Thinking the Place of Indigenous Justice Mechanisms in International Criminal Law
Sponsored by the Canada Research Chair in Feminist Political Economy
PANEL VIII: Law, Youth and the Child: Exploring Vulnerabilities (Room C)
DISCUSSANT: USHA RAMANATHAN (Indian Law Institute)
CHAIR: Mazen Mazri
Dayna Crosby (MA Candidate, York University), The Politics of ‘Community’ and the Scarborough Youth Justice Committee: A Conversation of Governance, Risk and the production of the “Good ‘Canadian’ Citizen”
Thoko Kaime (Lecturer in Law, School of Law, University of Surrey), Socio-legal Approach to Researching Children’s Rights Under the Convention on the Rights of the Child: A Discussion of Methodology
Noel Semple (PhD Candidate, Osgoode Hall Law School), Whose Best Interest?
Jen Rinaldi (Critical Disability Studies, York University), Wrongful Life and Wrongful Birth: The Devaluation of Life with Disability
Sponsored by the Institute for Feminist Legal Studies
6:15 – 7:15 PM – SPECIAL COMMISSIONEDPERFORMANCE WORK (Room C)
NATIVE EARTH PERFORMING ARTS presents
The Road Forward – a staged reading
By Yvette Nolan
With Craig Lauzon, Michaela Washburn and Falen Johnson
(To be followed by Q&A)
7:20 – 9:00 PM: VINO DE HONOR RECEPTION (Room E)
Please be invited to join us for a glass of wine after the performance.
Osgoode Hall Graduate Law Students’ Association Conference May 20th and 21st, 2010Friday, MAY 21st 9:30-10:00 AM: BREAKFAST (Room E)
10:o0- 11:10 AM: PANELS IX & X
DISCUSSANT: KATE SUTHERLAND(Osgoode) CHAIR: Amaya Alvez
Patricia Pinto Soares (European University Institute Researcher), The Merits and Limits of the Sociological Discourse in International Criminal Law: Framing the Role of Human Rights Law in International Criminal Judgments
Amy Jackson (PhD Candidate, University of Reading), A Critical Legal Pluralist Analysis of the Begum case
Sujith Xavier (PhD Candidate, Osgoode Hall Law School), Queering TWAIL
Sponsored by the Nathanson Centre on Transnational Human Rights, Crime and Security
PANEL X: Constructing Socio-Legal Identities (Room C)
Stella Szantova Giordano (Quinnipiac University School of Law), Illegal Aliens and the American Legal System: Why Undocumented Immigrants Bring Lawsuits in the United States
Graciela Flores Mendez (MA Candidate, York University), Alien/ation: Race, Citizenship, and the Construction of the Mexican ‘Illegal Alien’
Kaushalya Bannerji (PhD Candidate, Osgoode Hall Law School), This Black Man is Lost! No One Knows Where He Is From: Discourses of the ‘Othering’ in Cuba 1886-1912
Sponsored by the Graduate Program in Socio-Legal Studies at York University
11:10 – 11:25 AM: COFFEE BREAK (Room E)
11:25 – 12:35 PM: PANELS XI & XII
PANEL XI: Bodies Beyond Borders (Room C)
DISCUSSANT: MARY CONDON (Osgoode) CHAIR: Mary Stokes
Stu Marvel (PhD Candidate, Osgoode Hall Law School); Reprogenetics, Bioethics and the Law: Tracking the Impact of International Commercial Surrogacy
Sarah L. Steele (Lecturer in Law, University of Oxford) The forgotten gender(s): Men, Criminal Law and the United States Government’s Approach to Trafficking in Persons
Igor Gontcharov (PhD Candidate, Osgoode Hall Law School)- From Human Subjects to Human Participants
Sponsored by the Graduate Program in Sexuality Studies at York University
PANEL XII: Grappling Health Law’s Controversies (Room D)
DISCUSSANT: KIMBERLEY WHITE (York) CHAIR: Karen Fernandes
Lucy Costa (PhD Candidate, York University), Law, Madness and the making of Patient’s Rights
Ruby Dhand (PhD Candidate, Osgoode Hall Law School), Auditing Mental Health Legislation: International Perspectives
Christina J. Hollingshead (PhD Candidate, Osgoode Hall Law School), Little Girl Lost: Lessons Learned From the Ashley Smith Tragedy for (Re)Addressing Canada’s Custodial Obligation
Sponsored by the York Institute for Health Research
PROFESSOR FRANCISCO VALDES (Miami School of Law) – After Law
2:30 – 2:45 PM: COFFEE BREAK (Room E)
2:45 – 4:15 PM: PANELS XIII & XIV
PANEL XIII: Remembering and Resisting (Room D)
DISCUSSANT: KAREN KNOPP (University of Toronto)CHAIR: Sujith Xavier
Amar T. Khoday (PhD Candidate, McGill University Faculty of Law), Protecting Those Who Go Beyond the Law: Granting Asylum to Individuals Who Challenge Oppression Through Resistance
Stacy Douglas (PhD Candidate, Kent Law School), Between Mo(nu)ments: Memorialising Past, Present and Future in South Africa
Vijaya Sripati (PhD Candidate, Osgoode Hall Law School), UN Constitutional Assistance [UNCA]: An International Law & Policy implementing mechanism or another tool of imperialism?
Naiara Arriola – (PhD Candidate, Deusto Faculty of Law), The Challenges for Constitutional Law Within the Transnationalization of the European Legal Framework
Sponsored by the Centre for Refugee Studies
PANEL XIV: Competing Orders or Competing Disorders (Room C)
DISCUSSANT: ROBERT LATHAM (York) CHAIR: Amar Bhatia
Saiful Karim (PhD Candidate, Macquarie University), Litigation as a Strategy for Settlement of Maritime Security Disputes: The ‘Volga Case’ Revisited
Saeid Mirzaei-Yengejeh (PhD Candidate, University of Ottawa), Implementation of Normative Resolutions of the Security Council in the Areas of Counter-terrorism and Non-Proliferation of Weapons of Mass-destruction
Ayodele Akenroye (LLM. Candidate, University of Manitoba), HIV/AIDS, Military and the Future of Peacekeeping in Africa
Demola Okeowo (LL.M. Candidate, Queen’s University) Resolution 1267 Committee in the War on Terror: A Ticking Time Bomb on Human Rights
Sponsored by the York Centre for International and Security Studies
4:15 – 4:30 COFFEE BREAK (Room E)
4:30 – 6:00 PM: PANELS XV & XVI
PANEL XV: Pushing the Limits of Rights (Room C)
DISCUSSANT: ANNIE BUNTING(Osgoode) CHAIR: Igor Gontcharov
Opeoluwa Badaru (PhD Candidate, Osgoode Hall Law School), Exploring the Limits of Human Rights Law in Alleviating Third World Socio-Economic Hardships
Supriya Routh (PhD student, University of Victoria), Indian Supreme Court in Development: Constructing ‘Development’ in the ‘Law & Development’ Discourse
John L.S. Simpkins (PhD Candidate, University of Melbourne), Courts and Post-Colonial Constitution – Making: Lessons from Uganda and Zambia
Atudiwe P. Atupare (PhD candidate, Queens University), A Theory of Rights for Young Democracies in Africa
Sponsored by the Asia Pacific Dispute Resolution Project
PANEL XVI: Refusing Western Legal Universalisms (Room D)
DISCUSSANT: SEAN REHAAG(Osgoode) CHAIR: Kim Stanton
Noora Johanna Arajärvi, (Researcher, Tilburg University and European University Institute), Norms Beyond Custom? Opinio Juris and the Extra-Legal Considerations in the Formation of Customary International Law
Mukesh Bhatt (Birkbeck College, University of London), Hindu Law, Gujarati Migrants, Western Cultures
Muhammad–Basheer A. Ismail (PhD Candidate, University of Hull), Islamic International Diplomatic Law: Any Relevance Within the Contemporary International Legal Order?
Shiva Olyaei (PhD Candidate, University of British Columbia), Secular CEDAW or Islamic Shari’a: A Critical Analysis of the Role of Law in Women’s Right’s Dynamism
Sponsored by the Graduate Program in Law at Osgoode Hall Law School
7:00 DINNER – Adega Restaurant – 33 Elm Street
We will convene in Reception Room E after the panels have concluded and walk over to the restaurant together.
Osgoode Hall Law Journal, Vol. 48, No. 2 (Forthcoming, late summer 2010)
This article compares the law of custody and access disputes with the procedure used to resolve them. I argue that there is a fundamental contradiction between these two things. The former focuses on the interests of the children involved to the exclusion of all else. The latter, however, is controlled by and designed to protect the rights and interests of the adult parties to the dispute. Despite their doctrinal centrality in custody and access law, children are usually silent and invisible in custody and access procedure. To resolve this contradiction, I propose a focus on the costs and benefits of parenting litigation for the children involved. Too much parenting litigation occurs which has more costs than benefits for them. We should curtail some of these cases, and apply the proportionality principle to others. Finally, these children should have a stronger voice when decisions are being made about their future.
