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Schulich School of Law, Dalhousie University

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Full-Text Articles in Law

No Lawyer For A Hundred Miles? Mapping The New Geography Of Access Of Justice In Canada, Jamie Baxter, Albert Yoon Jan 2015

No Lawyer For A Hundred Miles? Mapping The New Geography Of Access Of Justice In Canada, Jamie Baxter, Albert Yoon

Articles, Book Chapters, & Popular Press

Abstract

Recent concerns about the geography of access to justice in Canada have focused on the dwindling number of lawyers in rural and remote areas, raising anxieties about the profession’s inability to meet current and future demands for localized legal services. These concerns have motivated a range of policy responses that aim to improve the education, training, recruitment and retention of practitioners in underserved areas. We surveyed lawyers across Ontario to better understand their physical proximity to clients and how, if at all, that proximity promotes access to justice. We find that lawyers’ scope of practice varies based on a …


Troubling Feelings: Moral Anger And Clinical Legal Education, Sarah Buhler Apr 2014

Troubling Feelings: Moral Anger And Clinical Legal Education, Sarah Buhler

Dalhousie Law Journal

Many law students experience strong and sometimes difficult emotions during their time in clinical lawprograms: sadness at clients'stories of trauma, excitement about a victory in court, or anger at the injustices faced by clients. In this article, I focus on the emotion of "moral anger,"or "moral outrage" experienced by lawyers and students in clinicalcontexts, and consider how educators and students might address manifestations of moral anger in clinical law contexts in ways that ignite a critical and social-justice oriented approach to legal practice. By drawing on theoretical insights from the emerging field of critical emotion studies, I argue that a …


Fitness For Purpose: Mandatory Continuing Legal Ethics Education For Lawyers, Jocelyn Downie, Richard Devlin Jan 2009

Fitness For Purpose: Mandatory Continuing Legal Ethics Education For Lawyers, Jocelyn Downie, Richard Devlin

Articles, Book Chapters, & Popular Press

The authors argue that if we want lawyers to be fit for the purpose of practicing law, and law societies to be fit for the purpose of regulating in the public interest, then it is incumbent upon the Canadian legal profession to adopt programmes of compulsory legal ethics education (CLEE). In support of this argument the authors: provide several reasons why Canadians might be concerned about the ethical fitness of lawyers and law societies; analyse several arguments both in supporting and resisting CLEE; suggest several strategies for overcoming the ethical indolence of the legal profession; and draw inspiration from recent …


Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik May 1990

Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik

Dalhousie Law Journal

Legal education has been subjected to greater scrutiny in common law jurisdictions since the publication of Lawyers and the Courts in 1967.2 Most of the recent literature has addressed the issue of who received a legal education and became entitled to practise law. It has also examined how a conservative-minded profession regenerated itself, and whether it equipped new recruits with the proper tools to meet the challenges of a changing society.


Canadian Criminal Jury Instructions, James P. Taylor Apr 1989

Canadian Criminal Jury Instructions, James P. Taylor

Dalhousie Law Journal

Canadian Criminal Jury Instructions ("CRIMJI") is an ambitious project. The authors, the Honourable Mr. Justice John Bouck (of the Supreme Court of British Columbia) and Professor Gerry Ferguson (of the Faculty of Law, University of Victoria) set out to provide a book that will "assist Canadian judges and Canadian lawyers in drafting and delivering a charge to a jury in a criminal case". The authors' twovolume work handily accomplishes this objective.