Between Principle and Practicality: A Dynamic Realist Examination of Independence in the Canadian Justice System

This work examines independence in the Canadian justice system using an approach adapted from new legal realist scholarship called ‘dynamic realism’. This approach proposes that issues in law must be considered in relation to their recursive and simultaneous development with historic, social and political events. Such events describe ‘law in action’ and more holistically demonstrate principles like independence, rule of law and access to justice. My dynamic realist analysis of independence in the justice system employs a range methodological tools and approaches from the social sciences, including: historical and historiographical study; public administrative; policy and institutional analysis; an empirical component; as well as constitutional, statutory interpretation and jurisprudential analysis. In my view, principles like independence represent aspirational ideals in law which can be better understood by examining how they manifest in legal culture and in the legal system. This examination focuses on the principle and practice of independence for both lawyers and judges in the justice system, but highlights the independence of the Bar. It considers the inter-relation between lawyer independence and the ongoing refinement of judicial independence in Canadian law. It also considers both independence of the Bar and the Judiciary in the context of the administration of justice, and practically illustrates the interaction between these principles through a case study of a specific aspect of the court system. This work also focuses on recent developments in the principle of Bar independence and its relation to an emerging school of professionalism scholarship in Canada. The work concludes by describing the principle of independence as both conditional and dynamic, but rooted in a unitary concept for both lawyers and judges. In short, independence can be defined as impartiality, neutrality and autonomy of legal decision-makers in the justice system to apply, protect and improve the law for what has become its primary normative purpose: facilitating access to justice. While both independence of the Bar and the Judiciary are required to support access to independent courts, some recent developments suggest the practical interactions between independence and access need to be the subject of further research, to better account for both the principles and the practicalities of the Canadian justice system.

The Most Complete Photometric Analysis of 548 CALIFA Galaxies

We present an extensive photometric catalog for 548 CALIFA galaxies observed as of the summer of 2015. CALIFA is currently lacking photometry matching the scale and diversity of its spectroscopy; this work is intended to meet all photometric needs for CALIFA galaxies while also identifying best photometric practices for upcoming integral field spectroscopy surveys such as SAMI and MaNGA. This catalog comprises gri surface brightness profiles derived from Sloan Digital Sky Survey (SDSS) imaging, a variety of non-parametric quantities extracted from these pro files, and parametric models fitted to the i-band pro files (1D) and original galaxy images (2D). To compliment our photometric analysis, we contrast the relative performance of our 1D and 2D modelling approaches. The ability of each measurement to characterize the global properties of galaxies is quantitatively assessed, in the context of constructing the tightest scaling relations. Where possible, we compare our photometry with existing photometrically or spectroscopically obtained measurements from the literature. Close agreement is found with Walcher et al. (2014), the current source of basic photometry and classifications of CALIFA galaxies, while comparisons with spectroscopically derived quantities reveals the effect of CALIFA's limited field of view compared to broadband imaging surveys such as the SDSS. The colour-magnitude diagram, star formation main sequence, and Tully-Fisher relation of CALIFA galaxies are studied, to give a small example of the investigations possible with this rich catalog. We conclude with a discussion of points of concern for ongoing integral field spectroscopy surveys and directions for future expansion and exploitation of this work.

The Olivia Framework:Concepts for Use in Finely-Grained, Integrated Social Policy Analysis (Working Paper 45)

The Olivia framework is a set of concepts and measures that, when mature, will allow users to describe, in a consistent and integrated manner, everything about individuals and institutions that is of potential interest to social policy. The present paper summarizes the current stage of development in achieving this highly ambitious goal. The current version of the framework supports analysis of social trends and policy responses from many perspectives: • The point-in-time, resource-flow perspectives that underlie most traditional, economics-based policy analysis. • Life-course perspectives, including both transitions/trajectories analysis and asset-based analysis. • Spatial perspectives that anchor people in space and history and that provide a link to macro-analysis. • The perspective of the purposes/goals of individuals and institutions, including the objectives of different types of government programming. The concepts of the framework, which are all potentially measurable, provide a language that can support integrated analysis in all these areas at a much finer level of description than is customary. It provides a language that is especially well suited for analysis of the incremental policy changes that are typical of a mature welfare state. It supports both qualitative and quantitative analysis, enabling some integration between the two. It supports citizen-centric as well as a government-centric view of social policy. In its current version, the concepts are most highly developed as they related to social policies as they related to labour markets, equality and social integration, care-giving, immigration, income security, sustainability, and social and economic well-being more generally. However the paper points to likely extensions in the areas of health, justice and safety.