Dwight Newman
Biographic Data
| ID | 3606203 |
|---|---|
| NAME | Dwight Newman |
| GIVEN NAMES | Dwight |
| FAMILY NAME | Newman |
| SIGNATURE | NEWMAN D |
| AFFILIATIONS | University of Saskatchewan |
| ORCID | 0000-0003-4284-5303 |
| VERIFIED | Yes |
| TOTAL WORKS | 17 |
| TOTAL CITATIONS | 23 |
| WORKS AS AUTHOR | 17 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2003 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 1 |
The Legal Landscape of Freedom of Association in Canada
Part of a special issue setting out the shape of freedom of association in jurisdictions around the world, this article analyzes freedom of association in Canada. It argues that freedom of association in Canada has struggled toward being half a freedom. Early union-context case law saw it significantly constrained in judicial interpretation, though that has changed in recent years. Today, those judicial interpretations continue to face possible p…
Global Perspectives on Freedom of Association
Aspiration and Reality in Legal Education David Sandomierski
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Minority Rights and Liberal Democratic Insecurities
Minority Rights and Liberal Democratic Insecurities
Freedom of Thought in Canada
Canada has a constitutional freedom of thought clause that has received almost no attention. This article considers reasons behind this phenomenon and the future potential of the clause. Unlike many constitutional rights and freedoms in Canada, constitutionalised freedom of thought did not have precedents in prior Canadian human rights instruments. Rather, its precedents are in international human rights instruments, with Canadian drafters choosi…
Interpreting fpic in undrip
This article discusses the divergent interpretations of what the free, prior, and informed consent ( fpic ) provisions in the United Nations Declaration on the Rights of Indigenous Peoples ( undrip ) mean, showing how textual and purposive interpretations end up with different positions. The article engages more broadly with the appropriate approach to interpretation of General Assembly resolutions and argues that undrip is within a particular ca…
A Liberal Theory of Collective Rights
Can there be a non-individualist liberalism that grounds collective rights for peoples? It is this tension-laden question to which Michel Seymour attempts to offer an affirmative response in A Liberal Theory of Collective Rights. In this book, the author presents a theory of peoples’ collective rights that consciously attempts to build upon Rawls's Political Liberalism(2005). In doing so, he joins a series of recent attempts to develop a philosop…
Revisiting the Duty to Consult Aboriginal Peoples
Since the release of The Duty to Consult (Purich, 2009), there have been many important developments on the duty to consult, including three major Supreme Court of Canada decisions. Governments, Aboriginal communities, and industry stakeholders have engaged with the duty to consult in new and probably unexpected ways, developing policy statements or practices that build upon the duty, but often using it only as a starting point for different disc…
The Section 35 Duty to Consult
This chapter examines the duty to consult doctrine, which is a particularly significant doctrine under Canada’s section 35 Aboriginal rights clause that is triggered hundreds of thousands of times a year. Since a series of cases in 2004, this doctrine has taken a particular proactive form in which the honour of the Crown leads to government duties of consultation when government decisions potentially impact on Aboriginal or treaty rights. This ch…
Introduction to Symposium on International Indigenous Rights, Financial Decisions, and Local Policy
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the 'Save PDF' action button
Application of the Charter to universities’ limitation of expression
La Charte canadienne des droits et libertés s'applique uniquement à l'action gouvernementale. En conséquence de ce champ d'application limité, plusieurs questions fondamentales se sont posées au regard de son application aux contextes d'enseignement postsecondaire. Bien que la jurisprudence semblait envisagée de prime abord les universités comme des zones libres de l’application de la Charte, elle semble plus récemment affirmer que ce n'est pas l…
Indigenous Title and its Contextual Economic Implications
International law on the rights of Indigenous peoples has developed rapidly in recent decades. In the latest phase of this development, international instruments on the rights of Indigenous peoples have increasingly offered universalized statements. However, the reality remains that the implementation of Indigenous rights must take place in particular circumstances in particular states. The form of domestic implementation of Indigenous rights may…
Exit, Voice, and 'Exile'
Exit, Voice, and 'Exile': Rights to Exit and Rights to Eject Dwight G. Newman Assistant Professor, University of Saskatchewan College of Law. I. Introduction Political theorists have often supposed that a right of exit held by individual members can excuse group conduct that would otherwise be considered unreasonably oppressive of individual members. As Chandran Kukathas puts it, 'If an individual continues to live in a community and according to…
Theorizing Collective Indigenous Rights
Dwight G. Newman, Theorizing Collective Indigenous Rights, American Indian Law Review, Vol. 31, No. 2, Symposium: Lands, Liberties, and Legacies: Indigenous Peoples and International Law (2006/2007), pp. 273-289
Collective Interests and Collective Rights
Journal Article Collective Interests and Collective Rights Get access Dwight G. Newman Dwight G. Newman Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Jurisprudence, Volume 49, Issue 1, 2004, Pages 127–163, https://doi.org/10.1093/ajj/49.1.127 Published: 01 June 2004
Institutional Monitoring of Social and Economic Rights
The South African Human Rights Commission (SAHRC)'s four Economic and Social Rights Reportsl/Ig published between 1998 and 2003 are used as a case study to examine the institutional monitoring of social and economic rights. It is argued that the SAHRC's monitoring leaves certain kinds of gaps, that civil society can provide complementary monitoring, and that this case study drives us toward bringing new theoretical frameworks to a critical analys…
Revisiting the Duty to Consult Aboriginal Peoples
Since the release of The Duty to Consult (Purich, 2009), there have been many important developments on the duty to consult, including three major Supreme Court of Canada decisions. Governments, Aboriginal communities, and industry stakeholders have engaged with the duty to consult in new and probably unexpected ways, developing policy statements or practices that build upon the duty, but often using it only as a starting point for different disc…
Theorizing Collective Indigenous Rights
Dwight G. Newman, Theorizing Collective Indigenous Rights, American Indian Law Review, Vol. 31, No. 2, Symposium: Lands, Liberties, and Legacies: Indigenous Peoples and International Law (2006/2007), pp. 273-289
Institutional Monitoring of Social and Economic Rights
The South African Human Rights Commission (SAHRC)'s four Economic and Social Rights Reportsl/Ig published between 1998 and 2003 are used as a case study to examine the institutional monitoring of social and economic rights. It is argued that the SAHRC's monitoring leaves certain kinds of gaps, that civil society can provide complementary monitoring, and that this case study drives us toward bringing new theoretical frameworks to a critical analys…
Collective Interests and Collective Rights
Journal Article Collective Interests and Collective Rights Get access Dwight G. Newman Dwight G. Newman Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Jurisprudence, Volume 49, Issue 1, 2004, Pages 127–163, https://doi.org/10.1093/ajj/49.1.127 Published: 01 June 2004
Theorizing Collective Indigenous Rights
Dwight G. Newman, Theorizing Collective Indigenous Rights, American Indian Law Review, Vol. 31, No. 2, Symposium: Lands, Liberties, and Legacies: Indigenous Peoples and International Law (2006/2007), pp. 273-289
Exit, Voice, and 'Exile'
Exit, Voice, and 'Exile': Rights to Exit and Rights to Eject Dwight G. Newman Assistant Professor, University of Saskatchewan College of Law. I. Introduction Political theorists have often supposed that a right of exit held by individual members can excuse group conduct that would otherwise be considered unreasonably oppressive of individual members. As Chandran Kukathas puts it, 'If an individual continues to live in a community and according to…
Introduction to Symposium on International Indigenous Rights, Financial Decisions, and Local Policy
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the 'Save PDF' action button
Application of the Charter to universities’ limitation of expression
La Charte canadienne des droits et libertés s'applique uniquement à l'action gouvernementale. En conséquence de ce champ d'application limité, plusieurs questions fondamentales se sont posées au regard de son application aux contextes d'enseignement postsecondaire. Bien que la jurisprudence semblait envisagée de prime abord les universités comme des zones libres de l’application de la Charte, elle semble plus récemment affirmer que ce n'est pas l…
Indigenous Title and its Contextual Economic Implications
International law on the rights of Indigenous peoples has developed rapidly in recent decades. In the latest phase of this development, international instruments on the rights of Indigenous peoples have increasingly offered universalized statements. However, the reality remains that the implementation of Indigenous rights must take place in particular circumstances in particular states. The form of domestic implementation of Indigenous rights may…
The Section 35 Duty to Consult
This chapter examines the duty to consult doctrine, which is a particularly significant doctrine under Canada’s section 35 Aboriginal rights clause that is triggered hundreds of thousands of times a year. Since a series of cases in 2004, this doctrine has taken a particular proactive form in which the honour of the Crown leads to government duties of consultation when government decisions potentially impact on Aboriginal or treaty rights. This ch…
A Liberal Theory of Collective Rights
Can there be a non-individualist liberalism that grounds collective rights for peoples? It is this tension-laden question to which Michel Seymour attempts to offer an affirmative response in A Liberal Theory of Collective Rights. In this book, the author presents a theory of peoples’ collective rights that consciously attempts to build upon Rawls's Political Liberalism(2005). In doing so, he joins a series of recent attempts to develop a philosop…
Revisiting the Duty to Consult Aboriginal Peoples
Since the release of The Duty to Consult (Purich, 2009), there have been many important developments on the duty to consult, including three major Supreme Court of Canada decisions. Governments, Aboriginal communities, and industry stakeholders have engaged with the duty to consult in new and probably unexpected ways, developing policy statements or practices that build upon the duty, but often using it only as a starting point for different disc…
Interpreting fpic in undrip
This article discusses the divergent interpretations of what the free, prior, and informed consent ( fpic ) provisions in the United Nations Declaration on the Rights of Indigenous Peoples ( undrip ) mean, showing how textual and purposive interpretations end up with different positions. The article engages more broadly with the appropriate approach to interpretation of General Assembly resolutions and argues that undrip is within a particular ca…
Freedom of Thought in Canada
Canada has a constitutional freedom of thought clause that has received almost no attention. This article considers reasons behind this phenomenon and the future potential of the clause. Unlike many constitutional rights and freedoms in Canada, constitutionalised freedom of thought did not have precedents in prior Canadian human rights instruments. Rather, its precedents are in international human rights instruments, with Canadian drafters choosi…
Minority Rights and Liberal Democratic Insecurities
Minority Rights and Liberal Democratic Insecurities
Aspiration and Reality in Legal Education David Sandomierski
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Legal Landscape of Freedom of Association in Canada
Part of a special issue setting out the shape of freedom of association in jurisdictions around the world, this article analyzes freedom of association in Canada. It argues that freedom of association in Canada has struggled toward being half a freedom. Early union-context case law saw it significantly constrained in judicial interpretation, though that has changed in recent years. Today, those judicial interpretations continue to face possible p…
Global Perspectives on Freedom of Association
Political science (16 works) · Law (12 works) · Sociology (9 works) · Human rights (6 works) · Philosophy (6 works) · Epistemology (5 works) · Indigenous (5 works) · Law and economics (5 works) · Law (4 works) · Politics (4 works)