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Articles 1 - 30 of 32
Full-Text Articles in Law
Tension And Reconciliation In Canadian Contract Law Casebooks, David Sandomierski
Tension And Reconciliation In Canadian Contract Law Casebooks, David Sandomierski
Osgoode Hall Law Journal
Canadian common law contract law casebooks are beset with a tension. On the one hand, they all reveal a sustained commitment to the “wholesale assault on the jurisprudence of forms, concepts, and rules” that typifies American Legal Realism and its intellectual descendants. Concern with underlying values, functional reasoning, social realities, and policy thinking pervades the explicit messages of Canadian contract law casebooks and their editors’ related writings. On the other hand, the two casebooks most frequently assigned embody an allegiance to rules and courts that has a close kinship with the classical attitudes purportedly rejected. They convey a monolithic image …
Social Enterprise, Law & Legal Education, Lorne Sossin, Devon Kapoor
Social Enterprise, Law & Legal Education, Lorne Sossin, Devon Kapoor
Osgoode Hall Law Journal
This article examines the relationship between law and social enterprise. More specifically, it explores ways in which the law and the law school can serve to refine and promote the development of social enterprise. The article begins by canvassing the existing conceptions of social enterprise to provide a basis for understanding and to identify points of access for legal intervention. At the end of this analysis, we arrive at a working definition of social enterprise: A legal entity engaged in socially responsible economic activity for the purpose of generating revenue that is to be used to advance a social mission. …
Why I Don’T Teach Administrative Law (And Perhaps Why I Should?), Allan C. Hutchinson
Why I Don’T Teach Administrative Law (And Perhaps Why I Should?), Allan C. Hutchinson
Osgoode Hall Law Journal
This Commentary reflects upon the challenges of teaching Administrative Law today. Drawing upon the author’s own career trajectory and his commitment to a critical account of law and adjudication, the article seeks to question the foundations of both administrative law and critical theory. It offers no comprehensive or cogent plan as to what to do, but insists upon the relevance and importance of combining both legal theory and legal doctrine in a convincing pedagogical approach.
Towards A Pedagogy Of Diversity In Legal Education, Faisal Bhabha
Towards A Pedagogy Of Diversity In Legal Education, Faisal Bhabha
Osgoode Hall Law Journal
There is resounding consensus that diversity in legal education is a priority. Yet, North American law schools continue to be criticized for failing to reflect the diversity of the society that they are training lawyers to serve. This article is a project of conceptual reorientation against a backdrop of critical scholarship and empirical evidence. Parts I and II examine the past twenty years of diversity promotion in legal education, concluding that, while several advances have been made, especially in increasing numerical representation of diverse groups in law schools, the promise of meaningful diversity remains unfulfilled. Part III suggests that reforms …
The E-Team Project: A Teamwork Approach To Clinical Legal Education, Hilary Evans Cameron
The E-Team Project: A Teamwork Approach To Clinical Legal Education, Hilary Evans Cameron
Journal of Law and Social Policy
In this article the author argues that the University of Toronto’s Emergency Team (E-Team)—a student pilot project created to assist people facing deportation on short notice—provided a critical service to its clients and gave its student members a unique opportunity to learn real-world legal skills. The first part of this article reviews the project’s outcomes and concludes that it was a success: the E-Team won nine of its ten cases, and its members credit the project both with teaching them crucial legal competencies that they did not encounter elsewhere and with fostering their passion for social justice law. The second …
When Law Reform Is Not Enough: A Case Study On Social Change And The Role That Lawyers And Legal Clinics Ought To Play, Jeff Carolin
When Law Reform Is Not Enough: A Case Study On Social Change And The Role That Lawyers And Legal Clinics Ought To Play, Jeff Carolin
Journal of Law and Social Policy
Based on his experience as a law student in the clinical legal education program at Parkdale Community Legal Services in 2010, the author draws on poverty law scholarship to better understand his frustrations with a law reform campaign he worked on related to refugee family reunification. The scholarship’s central critique of law reform campaigns is that they are excessively narrow: they focus on a particular law and construct the law itself as the social injustice. This leads to two subsidiary problems. First, law reform campaigns ignore the underlying socio-political context that produced the law, foregoing opportunities for broader societal transformation. …
Poverty Law, Access To Justice, And Ethical Lawyering: Celebrating 40 Years Of Clinical Education At Osgoode Hall Law School, Shelley Gavigan, Sean Rehaag
Poverty Law, Access To Justice, And Ethical Lawyering: Celebrating 40 Years Of Clinical Education At Osgoode Hall Law School, Shelley Gavigan, Sean Rehaag
Journal of Law and Social Policy
Collects papers presented at the Symposium in 2011 celebrating forty years of clinical legal education at Osgoode Hall Law School.
Not So Dangerous Liaisons: A Clinical Perspective On Interdisciplinarity, Judith Mccormack
Not So Dangerous Liaisons: A Clinical Perspective On Interdisciplinarity, Judith Mccormack
Journal of Law and Social Policy
Clinical education represents a site where conflicting accounts of law are at maximum tension, in part because the clinical experience tends to highlight the startling contrast between the narratives and social realities of law. While this contrast provides some of the fodder for the critical exploration that characterizes clinical education, the idiosyncratic shape of law as a discipline means that much of what students require to handle that fodder in a rigorous, analytical way is located elsewhere. A clinical lens indicates that exposing students to interdisciplinary perspectives is crucial if students are to be able to understand and engage with …
Framing Supervisory Relationships In Clinical Law: The Role Of Critical Pedagogy, Gemma Smyth, Marion Overholt
Framing Supervisory Relationships In Clinical Law: The Role Of Critical Pedagogy, Gemma Smyth, Marion Overholt
Journal of Law and Social Policy
Clinical work in law offers important opportunities for students to learn critical, reflective and politicized approaches to legal identity and practice. Such an approach is most meaningful when it is engaged by supervising lawyers and social workers in a clinical placement. The authors of this article, the Academic Clinic Director and Executive Director of two Windsor-based clinic programs, offer context, perspective and examples of how critical pedagogy (influenced by, but distinct from, critical legal studies) provides a roadmap for supervising lawyers and the programs in which they work. The paper briefly sets the context of the authors' teaching and practice. …
Conceptualizing Reflective Practice For Legal Professionals, Michele Leering
Conceptualizing Reflective Practice For Legal Professionals, Michele Leering
Journal of Law and Social Policy
This article examines the meaning, purpose, and promise of reflective practice in the context of the legal profession and at this critical juncture in the profession’s history. The imperatives for enhancing the reflective capacity of the profession are explored and the benefits of endorsing reflective practice as a core professional competency are reviewed. Reporting on a portion of an action research project designed to encourage reflective practice in a Canadian law school, the author synthesizes the results of a review of reflective practice literature, largely drawn from other professions, with the results of qualitative interviews with eight professors from the …
Law Student, Heal Thyself: The Role And Responsibility Of Clinical Education Programs In Promoting Self-Care, Christine E. Doucet
Law Student, Heal Thyself: The Role And Responsibility Of Clinical Education Programs In Promoting Self-Care, Christine E. Doucet
Journal of Law and Social Policy
The purpose of this paper is to examine the importance of self-care and stress management in the legal profession, specifically within the context of clinical legal education. Studies have shown that the legal profession exhibits one of the highest rates of mental health and addiction issues. In proactively addressing the importance of self-care and stress management amongst students, clinical legal educational programs can become a part of the solution. Using the student experience at Parkdale Community Legal Services, and drawing from other student legal clinics across Canada and the United States, several recommendations around self-care and stress management training in …
Multi-Disciplinary Practice In A Community Law Environment: Clinical Legal Education Combined With Holistic Service Provision, Richard Foster
Multi-Disciplinary Practice In A Community Law Environment: Clinical Legal Education Combined With Holistic Service Provision, Richard Foster
Journal of Law and Social Policy
The Monash-Oakleigh Legal Service (MOLS) is a community legal service affiliated with Monash University, Melbourne, Australia, and partly funded by Victoria Legal Aid. MOLS deals with a range of legal matters, including: criminal law, family law, tenancy and neighbourhood disputes, and a number of credit, debt, and bankruptcy issues. In July 2010, the Multi-Disciplinary Clinic (MDC) was established at MOLS to provide a holistic service to clients by involving students from three academic disciplines to deal with client issues. This paper describes some of the mechanics of how the MDC operates, including how students are assessed and supervised. It also …
Pushing The Boundaries Of Clinical Law: Exploring How Student And Community Legal Clinics Engage With International Human Rights Practice, Geraldine Sadoway
Pushing The Boundaries Of Clinical Law: Exploring How Student And Community Legal Clinics Engage With International Human Rights Practice, Geraldine Sadoway
Journal of Law and Social Policy
Explores methods of bringing stories of victims of human rights abuses to the international human rights bodies that conduct periodic reviews of country compliance with international human rights instruments. The project involved law students and community legal workers looking at innovative ways to use internet technologies to enhance and strengthen non-government (NGO) reports to UN Committees involved in monitoring Canada’s compliance with our international legal obligations.
Transformative Social Work In The Criminal Justice Field, Susan Noakes
Transformative Social Work In The Criminal Justice Field, Susan Noakes
Journal of Law and Social Policy
Discusses “transformative social work in the criminal justice field” based on the observations and case experiences of the registered social worker on staff at the Holistic Lawyering Project at The Law Centre a clinical legal education program in Victoria, British Columbia through the Faculty of Law at the University of Victoria. Examines the role of a social worker working with a law student and a client charged with a summary conviction offence under the Canadian Criminal Code. Provides an example of transformative change and highlights this challenging and empowering aspect of legal practice.
Teaching Cultural Competency In Legal Clinics, Cynthia Pay
Teaching Cultural Competency In Legal Clinics, Cynthia Pay
Journal of Law and Social Policy
Aims to identify various models of cultural competency training, and to reflect on ways to appropriately and effectively address this subject in a clinical legal education setting.
Learning The 'How' Of The Law: Teaching Procedure And Legal Education, David Bamford, Trevor C. W. Farrow, Michael Karayanni, Erik S. Knutsen
Learning The 'How' Of The Law: Teaching Procedure And Legal Education, David Bamford, Trevor C. W. Farrow, Michael Karayanni, Erik S. Knutsen
Osgoode Hall Law Journal
This article examines the approaches to teaching civil procedure in five common law jurisdictions (Canada, Australia, United States, Israel, and England). The paper demonstrates the important transition of civil procedure from a vocational oriented subject to a rigorous intellectual study of policies, processes, and values underpinning our civil justice system, and analysis of how that system operates. The advantages and disadvantages of where civil procedure fits within the curriculum are discussed and the significant opportunities for ‘active’ learning are highlighted. The inclusion of England where civil procedure is not taught to any significant degree in the law degree provides a …
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Beth Thornburg, Erik S. Knutsen, Carla Crifò, Camille Cameron
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Beth Thornburg, Erik S. Knutsen, Carla Crifò, Camille Cameron
Osgoode Hall Law Journal
This article asks whether the way in which procedure is taught has an impact on the extent and accomplishments of a scholarly community of proceduralists. Not surprisingly, we find a strong correlation between the placement of procedure as a required course in an academic context and the resulting body of scholars and scholarship. Those countries in which more civil procedure is taught as part of a university degree—and in which procedure is recognized as a legitimate academic subject—have larger scholarly communities, a larger and broader corpus of works analyzing procedural issues, and a richer web of institutional support systems that …
The Teaching Of Procedure Across Common Law Systems, Erik S. Knutsen, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
The Teaching Of Procedure Across Common Law Systems, Erik S. Knutsen, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
Osgoode Hall Law Journal
What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems— the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained re flection has been carried out as to the import and impact of this longstanding …
Thoughtful Practitioners And An Engaged Legal Community: The Impact Of The Teaching Of Procedure On The Legal Profession And On Civil Justice Reform, Janet Walker, Andrew Higgins, Thomas D. Rowe Jr., Carla Crifò
Thoughtful Practitioners And An Engaged Legal Community: The Impact Of The Teaching Of Procedure On The Legal Profession And On Civil Justice Reform, Janet Walker, Andrew Higgins, Thomas D. Rowe Jr., Carla Crifò
Osgoode Hall Law Journal
What difference does the teaching of civil procedure as an academic subject make to the practice of law, to the professional community in which lawyers practice, and to civil justice reform? In this article, proceduralists from Canada, England and Wales, the United States and Australia analyze the broader implications of teaching civil procedure as an integral feature of an academic legal education rather than as a part of vocational training. They consider ways in which the approach taken to the teaching of procedure in their legal system has influenced the evolution of the profession during a decade of increased public …
Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes
Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes
Osgoode Hall Law Journal
In response to anecdotal concerns that student enrollment in "outsider" courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of "outsider" that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …
The Law School, The Profession, And Arthurs' Humane Professionalism, Robert W. Gordon
The Law School, The Profession, And Arthurs' Humane Professionalism, Robert W. Gordon
Osgoode Hall Law Journal
No abstract provided.
The "Ambitious Modesty" Of Harry Arthurs' Humane Professionalism, Julian Webb
The "Ambitious Modesty" Of Harry Arthurs' Humane Professionalism, Julian Webb
Osgoode Hall Law Journal
This article revisits Law and Learning, the 1983 Report of the Consultative Committee on Research and Education in Law, chaired by Harry Arthurs. The Arthurs Report set an ambitious agenda which sought, through the reform of legal education and scholarship, the cultivation of a "humane professionalism." That it met with limited success reflects a number of systemic problems with legal education, and the Report's own failure to address some critical issues, notably legal pedagogy. Nevertheless, the article argues that in the context of today's increasingly complex, pluralistic, and globalized environment, the law schools need humane professionalism more than ever. It …
Power Point In Legal Education: Pedagogical Paradox-An Exploratory Study, Daved M. Muttart
Power Point In Legal Education: Pedagogical Paradox-An Exploratory Study, Daved M. Muttart
Osgoode Hall Law Journal
No abstract provided.
Poor Canadian Legal Education: So Near To Wall Street, So Far From God, Harry W. Arthurs
Poor Canadian Legal Education: So Near To Wall Street, So Far From God, Harry W. Arthurs
Osgoode Hall Law Journal
The recent appearance of recruiters from Wall Street firms at several Canadian law schools, and the recent hiring by American law schools of several mid-career Canadian law professors, has created a "moral panic" as journalists, academics and law firms have expressed great concern over the loss of Canada's "best and brightest" to the United States. Properly understood as part of a larger debate about globalization and regional economic integration, these developments are less important in themselves than for what they reveal about the present and future of the Canadian state, and the Canadian business community, legal profession and universities.
The Best And The Brightest?: Canadian Law School Admissions, Dawna Tong, W. Wesley Pue
The Best And The Brightest?: Canadian Law School Admissions, Dawna Tong, W. Wesley Pue
Osgoode Hall Law Journal
This article assesses the admissions policies commonly employed by law faculties in common law Canada. These faculties rely heavily on admissions criteria and policies developed in the United States and, like their American counterparts, typically admit students on the basis of "index scores" produced by combining Law School Admissions Test (LSAT) performance with Undergraduate Grade Point Average (UGPA). The appropriateness of this American model to the Canadian context has never been rigorously assessed. This raises serious questions as to whether Canadian law school admissions policies serve either of their stated goals of finding the "best" students or of advancing social …
Technocentrism In The Law School: Why The Gender And Colour Of Law Remain The Same, Margaret Thornton
Technocentrism In The Law School: Why The Gender And Colour Of Law Remain The Same, Margaret Thornton
Osgoode Hall Law Journal
Despite valiant endeavours by feminist, critical race, and Queer scholars to transform the legal culture, the transformative project has been limited because of the power of corporatism, a phenomenon deemed marginal to the currently fashionable micropolitical sites of critical scholarship. However, liberal, as well as postmodern scholarship, has largely preferred to ignore the ramifications of the "new economy," which includes a marked political shift to the right, the contraction of the public sphere, the privatization of public goods, globalization, and a preoccupation with efficiency, economic rationalism, and profits. I argue that technical reasoning, or "technocentrism," has enabled corporatism to evade …
The Ellis Archives-1972 To 1981: An Early View From The Parkdale Trenches, S. Ronald Ellis
The Ellis Archives-1972 To 1981: An Early View From The Parkdale Trenches, S. Ronald Ellis
Osgoode Hall Law Journal
The author was intimately involved with PCLS from 1972 to 1981. Significant extracts from a recently uncovered, personal horde of archival materials--framed by the author's description and explication of the materials' original context--provide old perspectives on a wide range of surprisingly current issues--perspectives which the author believes readers will find still useful. The subject matter includes: the private bar's role in the ultimate success of PCLS and the clinic system; legal aid services; the bar's role in the legal aid system; the need for customized legal services in low-income communities; the role and operation of community based legal clinics; a …
Twenty-Five Years Of Dynamic Tension: The Parkdale Community Legal Services Experience, Shelley A.M. Gavigan
Twenty-Five Years Of Dynamic Tension: The Parkdale Community Legal Services Experience, Shelley A.M. Gavigan
Osgoode Hall Law Journal
Parkdale Community Legal Services has been the site of initiatives, challenges, and historic accomplishments in the areas of community-based poverty law, community organizing and law reform, and clinical legal education. In this article, the author takes the occasion of the clinic's twenty-fifth anniversary to consider some of the events and issues that shaped Parkdale's history. Drawing on a range of sources, including evaluations and reports, student writing, and scholarly publications, the author examines the issues and debates that PCLS has sparked at Osgoode Hall Law School, and some of the ground it has broken more generally in its work. The …
The Dream Is Still Alive: Twenty-Five Years Of Parkdale Community Legal Services And The Osgoode Hall Law School Intensive Program In Poverty Law, Frederick H. Zemans
The Dream Is Still Alive: Twenty-Five Years Of Parkdale Community Legal Services And The Osgoode Hall Law School Intensive Program In Poverty Law, Frederick H. Zemans
Osgoode Hall Law Journal
Over twenty-five years have passed since Parkdale Community Legal Services opened its doors in Toronto, changing the face of poverty law and clinical legal education in Ontario. This article details the formative years of the Parkdale clinic and its ongoing partnership with Osgoode Hall Law School. Despite initial opposition from the legal profession the clinic has survived, evolving into an innovative educational tool and delivery model of legal services. The clinic has become an essential component of the mixed Ontario legal aid system and a pattern for other clinics and clinical education programs in Canada. This article documents the considerations …
Legal Education: Nemesis Or Ally Of Social Movements?, Janet E. Mosher
Legal Education: Nemesis Or Ally Of Social Movements?, Janet E. Mosher
Osgoode Hall Law Journal
There is much in legal education which contributes to lawyering practices that are fundamentally at odds with the formation of social movements. These practices include the "individualization" of client problems; the reshaping of the realities of clients' lives into legal categories or boxes; the commitment to instrumentalism (that is, to securing a favourable legal result); and lawyer domination and control and the correlates of client silence and passivity. The genesis for these features of dominant lawyering practices can be traced, at least in part, to legal education. More specifically, legal education's emphasis upon doctrinal analysis, its tendency to trade upon …