Papers by H McLeod-Kilmurray
Bulletin of Science, Technology & Society, 2012
There is increasing research on the effects of industrial livestock production on the environment... more There is increasing research on the effects of industrial livestock production on the environment and human health, but less on the effects this has on animal welfare and ecological justice. The concept of ecological justice as a tool for achieving sustainability is gaining traction in the legal world. Klaus Bosselman defines ecological justice as consisting of three elements: intragenerational justice, intergenerational justice, and interspecies justice. While the first two have been extensively discussed, interspecies justice has received less attention. It is argued that the neglect of interspecies justice in the practice of industrial livestock production leads to both intragenerational and intergenerational injustices. The article focuses primarily on an animal welfare perspective, addressing the extreme harm and oppression of animals entailed by their commoditization for industrial food production. The destructive impact of this mode of food production on environmental resources and its massive contributions to climate change also lead to the impoverishment of the food, environmental, social, and economic health of present and future generations. The article describes the legal mechanisms that have permitted, and indeed encouraged, the move to industrial livestock production, and suggests changes that could reduce the three kinds of ecological injustices which industrial livestock production produces.
Bulletin of Science, Technology & Society, 2007
Hoffman v. Monsanto raises questions about the civil litigation system. Are courts appropriate in... more Hoffman v. Monsanto raises questions about the civil litigation system. Are courts appropriate institu-tions, and are class actions the appropriate procedure, for resolving disputes about genetically modified organ-isms (GMOs)? After addressing the institutional ques-tion, this article ...
Bulletin of Science, Technology & Society, 2012
There is increasing research on the effects of industrial livestock production on the environment... more There is increasing research on the effects of industrial livestock production on the environment and human health, but less on the effects this has on animal welfare and ecological justice. The concept of ecological justice as a tool for achieving sustainability is gaining traction in the legal world. Klaus Bosselman defines ecological justice as consisting of three elements: intragenerational justice, intergenerational justice, and interspecies justice. While the first two have been extensively discussed, interspecies justice has received less attention. It is argued that the neglect of interspecies justice in the practice of industrial livestock production leads to both intragenerational and intergenerational injustices. The article focuses primarily on an animal welfare perspective, addressing the extreme harm and oppression of animals entailed by their commoditization for industrial food production. The destructive impact of this mode of food production on environmental resources and its massive contributions to climate change also lead to the impoverishment of the food, environmental, social, and economic health of present and future generations. The article describes the legal mechanisms that have permitted, and indeed encouraged, the move to industrial livestock production, and suggests changes that could reduce the three kinds of ecological injustices which industrial livestock production produces.
Bulletin of Science, Technology & Society, 2007
Hoffman v. Monsanto raises questions about the civil litigation system. Are courts appropriate in... more Hoffman v. Monsanto raises questions about the civil litigation system. Are courts appropriate institu-tions, and are class actions the appropriate procedure, for resolving disputes about genetically modified organ-isms (GMOs)? After addressing the institutional ques-tion, this article ...
SSRN Electronic Journal, 2000
Statistics) produced the statistical analysis and commentary. Professors Jamie Benidickson and He... more Statistics) produced the statistical analysis and commentary. Professors Jamie Benidickson and Heather McLeod-Kilmurray (Law) wrote the introductory and concluding sections of the report.
SSRN Electronic Journal, 2000
ABSTRACT A toxic tort may be defined as a tort arising from environmental contamination or a toxi... more ABSTRACT A toxic tort may be defined as a tort arising from environmental contamination or a toxic product. Toxic tort cases frequently raise evidentiary quandaries, doctrinal ambiguities, and contested interpretations of established causes of action. Perhaps more importantly, torts involving toxic harms implicate rights and interests of profound importance to Canadians in the twenty-first century. This work surveys the existing law of toxic torts in Canada and makes proposals for reform.
SSRN Electronic Journal, 2000
ABSTRACT Since the 2007 ruling in Hanke v Resurfice, courts and commentators have struggled with ... more ABSTRACT Since the 2007 ruling in Hanke v Resurfice, courts and commentators have struggled with the concept of material contribution in the law of causation. This article clarifies the material contribution test in negligence law, with a focus on the problem of scientific uncertainty.
SSRN Electronic Journal, 2000
Statistics) produced the statistical analysis and commentary. Professors Jamie Benidickson and He... more Statistics) produced the statistical analysis and commentary. Professors Jamie Benidickson and Heather McLeod-Kilmurray (Law) wrote the introductory and concluding sections of the report.
SSRN Electronic Journal, 2000
ABSTRACT A toxic tort may be defined as a tort arising from environmental contamination or a toxi... more ABSTRACT A toxic tort may be defined as a tort arising from environmental contamination or a toxic product. Toxic tort cases frequently raise evidentiary quandaries, doctrinal ambiguities, and contested interpretations of established causes of action. Perhaps more importantly, torts involving toxic harms implicate rights and interests of profound importance to Canadians in the twenty-first century. This work surveys the existing law of toxic torts in Canada and makes proposals for reform.
SSRN Electronic Journal, 2000
ABSTRACT Since the 2007 ruling in Hanke v Resurfice, courts and commentators have struggled with ... more ABSTRACT Since the 2007 ruling in Hanke v Resurfice, courts and commentators have struggled with the concept of material contribution in the law of causation. This article clarifies the material contribution test in negligence law, with a focus on the problem of scientific uncertainty.
Dalhousie LJ, 2009
* Heather McLeod-Kilmurray, Associate Professor, Environmental Law Group, University of Ottawa Fa... more * Heather McLeod-Kilmurray, Associate Professor, Environmental Law Group, University of Ottawa Faculty of Law. This work began as part of a doctoral thesis and thanks therefore go to the SSHRC and the University of Toronto Faculty of Law for their financial support of that project, to ...
Windsor Rev. Legal & Soc., 2009
The environmental issue of genetically modified (GM) foods is causing considerable controversy in... more The environmental issue of genetically modified (GM) foods is causing considerable controversy in Canada. In late 2007, the Supreme Court of Canada refused to allow organic canola farmers to sue Monsanto and Bayer Cropscience for harm caused by drifting GM seeds,' leaving ...
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Papers by H McLeod-Kilmurray