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Record W2396333428

Aboriginal Rights, Collective Rights, and Adjudicative Virtues

2015· article· en· W2396333428 on OpenAlexaffabout
Dwight Newman

Bibliographic record

VenueSSRN Electronic Journal · 2015
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsUniversity of Saskatchewan
Fundersnot available
KeywordsJurisprudenceSupreme courtPolitical scienceLawAdjudicationEconomic JusticeHuman rightsInternational human rights law
DOInot available

Abstract

fetched live from OpenAlex

Part of a collection on the jurisprudence of recently retired Supreme Court of Canada Justice Louis LeBel, this paper draws from Justice LeBel’s jurisprudence on Aboriginal rights and develops from it several larger themes that run through other parts of his jurisprudence. The paper shows that Justice LeBel wrote a small number of very important Aboriginal rights decisions, and his decisions arguably showed prescience on matters that the Court missed at the time. At the same time, Justice LeBel has also opened broader questions through his Aboriginal rights jurisprudence, notably on collective aspects of Canadian constitutional rights. Justice LeBel’s jurisprudence has long identified collective aspects to various rights, and the chapter shows the Court just beginning to catch up to Justice LeBel’s jurisprudence in this area. Finally, Justice LeBel’s Aboriginal rights jurisprudence also manifests larger aspects of his approach to adjudication and the role of a judge. The last section discusses how the recent Supreme Court of Canada Aboriginal title judgment in Tsilhqot’in shows the Court learning some things from Justice LeBel’s Aboriginal rights jurisprudence but continuing to miss others.

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 distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.243
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0020.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

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 head0.315
Teacher spread0.299 · 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 teacher head, not a consensus.

Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

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

Citations0
Published2015
Admission routes2
Has abstractyes

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