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Record W2256034420 · doi:10.60082/2817-5069.1130

Substantive Review in Appellate Courts since Dunsmuir

2009· article· en· W2256034420 on OpenAlexaffvenueabout
Gerald Heckman

Bibliographic record

VenueOsgoode Hall law journal · 2009
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicTaxation and Legal Issues
Canadian institutionsUniversity of Manitoba
Fundersnot available
KeywordsStandard of reviewSupreme courtLawJudicial reviewPolitical scienceLaw and economicsSociology

Abstract

fetched live from OpenAlex

In Dunsmuir v. New Brunswick, the Supreme Court re-examined its approach to judicial review of administrative decisions to develop a "more coherent and-workable" framework. It merged the deferential standards of reasonableness simpliciter and patent unreasonableness into a single reasonableness standard and emphasized the importance of precedent in determining the standard applicable to a specific category of decision makers. The author makes a preliminary assessment of Dunsmuir's impact on judicial review through an analysis of recent Canadian appellate decisions. He concludes that, white Dunsmuir simplifies the standard of review analysis by encouraging courts' reliance on satisfactory precedents and guidelines to determine the appropriate standard, there is a risk that courts may uncritically adhere to inappropriate precedents or carry out unduly intrusive review by inappropriately characterizing as jurisdictional the questions before them. Substantive review retains its complexity, which now resides at the stage of courts' application of the merged reasonableness standard.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.047
metaresearch head score (Gemma)0.112
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Review · Consensus signal: none
Teacher disagreement score0.180
Threshold uncertainty score0.357

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0470.112
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0030.003
Science and technology studies0.0100.013
Scholarly communication0.0150.004
Open science0.0030.003
Research integrity0.0150.009
Insufficient payload (model declined to judge)0.0020.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.016
GPT teacher head0.248
Teacher spread0.232 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreReview

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations8
Published2009
Admission routes3
Has abstractyes

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