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The Course Of Law Cannot Be Stopped': The Aftermath Of The Cumberland Rebellion In The Civil Courts Of Nova Scotia, Jim Phillips, Ernest A. Clarke Oct 1998

The Course Of Law Cannot Be Stopped': The Aftermath Of The Cumberland Rebellion In The Civil Courts Of Nova Scotia, Jim Phillips, Ernest A. Clarke

Dalhousie Law Journal

This article examines a series of cases launched in the Nova Scotia courts following the Cumberland Rebellion of 1776. In these cases loyalists sued former rebels, including those granted amnesty by the authorities, for losses sustained during the rebellion. The article traces the history of the cases and places them in the context of post-rebellion government policy. It argues that such proceedings were without precedent and effectively took the place of official schemes of expropriation of rebel land and compensation to loyalists. It also suggests that the use of civil courts in this way prolonged and exacerbated the social and …


The Community-Based Management Of Fisheries In Atlantic Canada: A Legislative Proposal, Raymond Maccallum Apr 1998

The Community-Based Management Of Fisheries In Atlantic Canada: A Legislative Proposal, Raymond Maccallum

Dalhousie Law Journal

The crises in Canada's fisheries demonstrate the failure of Canadian fisheries management practices to achieve their public policy objectives. The author proposes that a new fisheries management regime, based on principles of community-based management, should be implemented to better ensure the sustainability of both the fisheries and fishing communities. A draft bill is provided to establish a specific framework around which to discuss those values and interests that should be promoted and protected by legislation, and how legislation can be used to establish and nurture a new community-based management regime.


Salvaging The Welfare State?: The Prospects For Judicial Review Of The Canada Health & Social Transfer, Lorne Sossin Apr 1998

Salvaging The Welfare State?: The Prospects For Judicial Review Of The Canada Health & Social Transfer, Lorne Sossin

Dalhousie Law Journal

The Canadian Health and Social Transfer ("CHST"), which came into force on April 1, 1996, contains no national standards relating to the quality of social welfare. The goal of this new transfer was to promote provincial flexibility in the sphere of social policy. The author argues that this flexibility may undermine the core of the Canadian welfare state. Given the preoccupation of the provincial and federal governments with devolution, welfare recipients must turn to the judiciary to determine the "bottom line" of the welfare state. The author explores the various constitutional and administrative law grounds on which the federal government's …


The Egyptian Legal System Over Twenty Years: Overview And Assesment, Ziad Bahaa-Eldin Jan 1998

The Egyptian Legal System Over Twenty Years: Overview And Assesment, Ziad Bahaa-Eldin

Faculty Book Chapters

The second of two issues, this volume covers aspects of Egyptian society. Contributors include: Donald Cole, Soraya Altorki, Asef Bayat, Eric Denis, Enid Hill, Ziad Bahaeddin, Malak Rouchdy, Linda Herrera, Jim Napoli, Hussein Amin, Mahmoud al-Lozy, Cynthia Nelson, and Shahnaz Rouse.


1998-1999, Benjamin N. Cardozo School Of Law Jan 1998

1998-1999, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.


The Supreme Constitutional Court Of Egypt: Al-Makama Al-Dusturiyya Al-'Ulya, Enid Hill Jan 1998

The Supreme Constitutional Court Of Egypt: Al-Makama Al-Dusturiyya Al-'Ulya, Enid Hill

Faculty Book Chapters

The second of two issues, this volume covers aspects of Egyptian society. Contributors include: Donald Cole, Soraya Altorki, Asef Bayat, Eric Denis, Enid Hill, Ziad Bahaeddin, Malak Rouchdy, Linda Herrera, Jim Napoli, Hussein Amin, Mahmoud al-Lozy, Cynthia Nelson, and Shahnaz Rouse.


Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr. Jan 1998

Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.

Fordham Law Review

No abstract provided.


Recent Case Developments, Jeffrey W. Stempel Jan 1998

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in years 1998 and 1999.


Recent Case Developments, Jeffrey W. Stempel Jan 1998

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance law in the year 1998.