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Record W2979438715

Seeking Leave to Appeal a Statutory Decision: What is the Legal Test?

2019· article· en· W2979438715 on OpenAlexaffabout
Shaun Fluker

Bibliographic record

VenueSSRN Electronic Journal · 2019
Typearticle
Languageen
FieldSocial Sciences
TopicInternational Law and Aviation
Canadian institutionsUniversity of Calgary
Fundersnot available
KeywordsAppealStatutory lawGatekeepingLawTest (biology)LegislationPolitical science
DOInot available

Abstract

fetched live from OpenAlex

This paper examines the requirement contained in some legislation that a prospective appellant first obtain leave or permission from a superior court to proceed with an appeal from a statutory decision in Canada. The general test for leave is that the appeal raise a question of significance and that the appeal has a reasonable chance of success. This study examines leave decisions made by Alberta courts, and the results suggest the discretionary nature of a leave to appeal application is producing inconsistent decisions on what constitutes an appeal of sufficient significance and merit to meet the test for leave. That such an important gatekeeping measure for judicial oversight on the exercise of statutory power could even have the potential to be seen as partisan or arbitrary is something which should be untenable in the Canadian legal system. A more principled application of the test for leave to appeal a statutory decision is warranted.

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)0.031
metaresearch head score (Gemma)0.164
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.187
Threshold uncertainty score0.372

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0310.164
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0020.001
Bibliometrics0.0040.003
Science and technology studies0.0090.050
Scholarly communication0.0150.015
Open science0.0050.004
Research integrity0.0100.010
Insufficient payload (model declined to judge)0.0070.001

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 head0.007
GPT teacher head0.280
Teacher spread0.273 · 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 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
Published2019
Admission routes2
Has abstractyes

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