The Legal Response to Whistleblowing in Canada: Managing Disclosures by the “Up the Ladder” Principle

Restitution for civil wrongs, also known as restitutionary damages, is a legal response through which the defendant’s wrongful gain is awarded to the claimant. James Edelman has recently advocated two different restitutionary responses for wrongs. One response, termed ‘restitutionary damages’, would aim to compel the wrongdoer to give back to the victim a wrongful gain, whereas the other response, ‘disgorgement damages’, would oblige the wrongdoer to give up a wrongful gain for the benefit of the claimant.In the first case, the claimant would obtain what should have never left his assets. In the second case, the claimant would be the beneficiary of a judicial decision according to which a wrongful gain should not be kept by the wrongdoer. In this essay, I seek to demonstrate that this taxonomy cannot be accepted. I argue that Edelman’s ‘disgorgement damages’ are the only true example of restitution for wrongs, whereas his ’restitutionary damages’ are simply compensatory damages which are quantified in a particular fashion. Edelman’s ‘restitutionary damages’ might appear to deprive the defendant of his gain, and thus to achieve a restitutionary goal. Yet they nullify the victim’s loss and therefore have a compensatory nature. They are ‘pseudo-restitutionary damages’. In opposition to the dual theory, I submit a model of restitutionary damages based upon a single response which is coherent with the tenets of corrective justice. Given that it deals mainly with Edelman’s ‘restitutionary damages’, this article is not so much about restitution for wrongs but rather about compensation, which is what Edelman’s ‘restitutionary damages’ really concerns. The theory which I propose, based upon a single restitutionary response for wrongs, solves the taxonomic incoherence of Edelman’s dual theory. It also reflects the law as we find it, being supportable by reference to the available judicial authorities.

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Justice as a Tertiary Prevention Strategy

Preventing Intimate Partner Violence ◽

10.1332/policypress/9781447333050.003.0008 ◽

2017 ◽

Author(s):

Leigh Goodmark

Keyword(s):

Intimate Partner Violence ◽

Legal System ◽

Partner Violence ◽

Intimate Partner ◽

Tertiary Prevention ◽

Prevention Strategy ◽

Legal Response ◽

The Law ◽

Criminal Legal System

This chapter addresses the question, what is justice, in the context of intimate partner violence (IPV) and examines the use of law and the legal system for the prevention of IPV revictimization (tertiary prevention). The chapter highlights the limitations of the law and criminal legal system for achieving justice for specific groups of IPV survivors, and the potential for this system cause further harm. The chapter considers alternatives to the traditional criminal legal response to IPV to secure justice and safety for IPV survivors.

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The Irish criminal legal response to computer misuse

International Review of Law Computers & Technology ◽

10.1080/13600869.1995.9966412 ◽

1995 ◽

Vol 9 (1) ◽

pp. 65-81

Author(s):

Peter Osborne

Keyword(s):

Legal Response ◽

Computer Misuse

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Violence against women: The international legal response

Gender & Development ◽

10.1080/741921810 ◽

1995 ◽

Vol 3 (2) ◽

pp. 23-28 ◽

Cited By ~ 6

Author(s):

Christine Chinkin

Keyword(s):

Violence Against Women ◽

Legal Response

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The Precautionary Approach to the Installation of Telecommunication Masts in Residential Areas in Nigeria: A Legal Response

IIUM Law Journal ◽

10.31436/iiumlj.v24i1.213 ◽

2016 ◽

Vol 24 (1) ◽

Author(s):

Muhammad Kamaldeen Imam-Tamim ◽

Oluwadamilola Oyeyipo ◽

Yahaya A. Alajo

Keyword(s):

Research Method ◽

Base Stations ◽

Residential Areas ◽

Economic Activities ◽

Legal Research ◽

Precautionary Approach ◽

Legal Response ◽

The Social ◽

Telecommunication Companies ◽

The Impact

The advent of Global System for Mobile Communication (GSM) in Nigeria has brought immense advantages to the social and economic activities in the country. Despite the various advantages, the installation of telecommunication masts and base stations in residential areas has led to anxieties, fears and debates about the possible adverse effects on human health as well as security of properties. Instead of addressing the fears, the telecommunication companies continue to install telecommunication masts and base stations in the residential areas unabated. The article assesses the impact of these installations on health and properties of the residents in order to consider the reality of the fears and examines Nigerian laws to find out whether there are regulations that control how telecommunication masts are to be installed in residential areas to prevent health and property threat to the inhabitants. The article employs both doctrinal and non-doctrinal approaches of the qualitative legal research method by analysing legal and relevant texts and by conducting site surveys as well as unstructured interviews with residents who live near telecom masts.

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