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Full-Text Articles in Law

What Makes A Law School Great?, John Willis Nov 1980

What Makes A Law School Great?, John Willis

Dalhousie Law Journal

Coming, as I do, third in the line of those who have been asked to comment on the light-hearted wit and wisdom that Willis Reese let loose on this subject in his off-the-cuff remarks to a small group of teachers and students at Dalhousie Law School, I cannot add much to what has already been said. So, trying as hard as I can to avoid the pompous solemnity that almost inevitably goes along with any written pronouncement on topics as serious as those with which he dealt, I shall make three general comments on Willis Reese's main theme and two …


What Makes A Law School Great?, Willis L. M. Reese Nov 1980

What Makes A Law School Great?, Willis L. M. Reese

Dalhousie Law Journal

Of course I have no idea what makes a law school great. I have never really thought about it. There is no reason why a fellow in my lowly position should think about it. You can't arrive at my age and still be reasonably healthy if you do think about it. So I don't know. Dean Ronald Macdonald said "why don't you say something about what makes a law school great?" My reaction was to shudder. I did think about if for about ten minutes on Saturday and I have come up with the most obvious thoughts, all of which …


What Makes A Law School Great?, P. B. Carter Nov 1980

What Makes A Law School Great?, P. B. Carter

Dalhousie Law Journal

For reasons which I find totally elusive Dean Ronald Macdonald has invited me to comment upon Professor Willis Reese's reaction to the conundrum: What makes a Law School great? Professor Reese unconvincingly prefaces his remarks with a protestation that he has "no idea", and he equally unconvincingly punctuates those remarks repeatedly with the phrase "I don't know". Anybody who is acquainted with Professor Reese or his work will neither be surprised by, nor pay the slightest attention to, this display of genuine modesty. It is, however, to the question "What makes a Law School great?", not "What makes Professor Reese …


"If I Were Dean. .. ", Moffatt Hancock Nov 1980

"If I Were Dean. .. ", Moffatt Hancock

Dalhousie Law Journal

"It is the crowning glory of this law school that it has kindled in many hearts an inextinguishable fire." Mr. Justice Holmes' Willis Reese's droll, colloquial, and slightly tongue-in-cheek remarks about what makes a law school "great" recall the success achieved by the law teachers of the late nineteenth and early twentieth centuries in establishing what came to be the exclusive system of legal education in the United States and building up those famous law schools that are its oldest exemplars. As late as 1890 the vast majority of law students were trained by a haphazard combination of clerking in …


Law Schools And Other Reformatories, Norval Morris Nov 1980

Law Schools And Other Reformatories, Norval Morris

Dalhousie Law Journal

It is, of course, a great and undeserved honor for me to be offering this year's Horace E. Read Memorial Lecture. The slightest acquaintance with Dean Read's career reveals the range and quality of his contributions to the law, to the institutions of society and to legal education. It is a great pleasure to be playing a role in these annual memorial celebrations. His life is a model of service and scholarship to all who wish to live the life of the law at its higher levels and refutes those who see our profession as narrow or intellectually confined. Nevertheless, …


Canadian Law Schools: In Search Of Excellence, Leon E. Trakman Nov 1980

Canadian Law Schools: In Search Of Excellence, Leon E. Trakman

Dalhousie Law Journal

What makes a law school sound? credible? even excellent? Surely many things: leadership potential, good faculty and good students, a solid public image and communication. Greatness comes from knowing our own strengths and weaknesses, our institutional purposes. In short, achievement flows from how we evaluate ourself and how others evaluate us.' A law school must seek to satisfy many goals. Ideally, every legal institution should strive to excel as a facility of learning, as a bastion of intellectual fervor, as an instrument satisfying community needs. Yet each of these goals are themselves variable in kind. Teaching expertise in one legal …


Le Centenaire De La Facult De Droit De I'Universit De Montréal, Louise Thisdale Nov 1980

Le Centenaire De La Facult De Droit De I'Universit De Montréal, Louise Thisdale

Dalhousie Law Journal

L'annee 1978 marquait le centi~me anniversaire de la fondation de la facult6 de droit de l'Universit6 de Montreal. Pour plus d'exactitude, il faudrait preciser qu'il s'agit plutet du centenaire de la faculte de droit seulement puisqu'en 1878, l'Universite de Montreal n'existait pas encore; ' cette epoque elle fut inaugurée comme Succursale de l'Universite Laval 'a Montreal. Et ce n'est qu'en 1920 qu'elle fut constituee en corporation sous le nom d'Universite de Montreal.


Universitd De Moncton's Common Law School: A Unique Experience, Pierre Patenaude Nov 1980

Universitd De Moncton's Common Law School: A Unique Experience, Pierre Patenaude

Dalhousie Law Journal

At their founding, the nine predominantly anglophone provinces of Canada adopted the English legal system patterning their legal institutions upon those of Britain and accepting English public and private law as it then existed. Quebec, on the other hand, modelled its legal system on that of France and most of the private law of Quebec is of French origin. As a result of this historical divergence, French language legal education in Canada, which has hitherto existed only in Quebec, has trained civilian lawyers who are unable to practise in other Canadian provinces. The result of the situation has been that …


Law Schools And Public Legal Education: The Community Law Programme At Windsor, R. A. Macdonald Nov 1979

Law Schools And Public Legal Education: The Community Law Programme At Windsor, R. A. Macdonald

Dalhousie Law Journal

The term public legal education is of relatively recent vintage. Although the Bar has long acknowledged a responsibility to provide the public with information about the law and our legal system, it usually assumed that the private practitioner could perform this function adequately within the context of his daily practice. Only in the last decade have we come to realize that this function was not being performed and that general information about the law was unavailable to most citizens.' Not only was the Bar not involved in "access to justice" problems, but those engaged in legal education seemed to have …


Legal Education In Canadian Schools?, Hugh M. Kindred May 1979

Legal Education In Canadian Schools?, Hugh M. Kindred

Dalhousie Law Journal

Law courses have exploded across school programmes in recent years. From one end of Canada to the other, thousands of students and hundreds of school teachers are now studying law. Just what they are learning is uncertain for, apart from a head count of those present in the classroom, there is little curricular enquiry and even less organisation. The effort appears to be an unled mass movement rather than a planned educational development. And its size is still growing. The origins of this explosion of legal interest explain its unorganised character. The pressure for legal education has come from the …


The Department Of Law, Carleton University, Ottawa, John Barnes Jan 1977

The Department Of Law, Carleton University, Ottawa, John Barnes

Dalhousie Law Journal

The purpose of this article is to describe how one undergraduate law program is operating, the objects of that program and the problems faced in offering law courses outside the professional schools. The extent of legal activity at Carleton will be outlined first, followed by an explanation of the reasons for the development of the particular calendar content. Different approaches to the teaching of law in the context of a general university program will be considered, discussing particularly the application of the techniques of the social sciences. The role of undergraduate law and the possible professional applications of a B.A. …


The Faculty Of Law At The University Of Victoria, F. M. Fraser Jan 1977

The Faculty Of Law At The University Of Victoria, F. M. Fraser

Dalhousie Law Journal

No abstract provided.


Parodoxes Of Canadian Legal Education, H. W. Arthurs Jan 1977

Parodoxes Of Canadian Legal Education, H. W. Arthurs

Dalhousie Law Journal

If the history of Canadian legal education should ever be written, these years of the mid-1970s will surely be viewed as a period of critical significance. For at least a quarter-century, growth has been the predominant theme: growth in student numbers and faculty complements; growth in democratic decision-making by both faculty and students, but also - inevitably - in the bureaucratic structures of faculties; growth of physical facilities and indeed, of whole new faculties; growth of libraries and of the pace and variety of research; growth of curricula and of teaching methods; growth in professional esteem and in public contribution; …


The Dalhousie Legal Aid Service, Harvey Savage Sep 1975

The Dalhousie Legal Aid Service, Harvey Savage

Dalhousie Law Journal

In a seminal article on the feasibility of a 'Clinical Lawyer-School', Jerome Frank identified the kind of discontent that has since spawned clinical law programs in law schools. Ostensibly, the students were to study cases. But they did not and they do not study cases. They do not even study the printed records of cases (although that would be little enough), let alone cases as living processes. Their attention is restricted to judicial opinions. But an opinion is not a decision. A decision is a specific judgement, or order or decree entered after a trial of a specific law-suit between …


The Dalhousie Legal Aid Service, Harvey Savage Sep 1975

The Dalhousie Legal Aid Service, Harvey Savage

Dalhousie Law Journal

In a seminal article on the feasibility of a 'Clinical Lawyer-School', Jerome Frank identified the kind of discontent that has since spawned clinical law programs in law schools. Ostensibly, the students were to study cases. But they did not and they do not study cases. They do not even study the printed records of cases (although that would be little enough), let alone cases as living processes. Their attention is restricted to judicial opinions. But an opinion is not a decision. A decision is a specific judgement, or order or decree entered after a trial of a specific law-suit between …


Developments In Legal Education, Faculty Of Law, Civil Law Section, University Of Ottawa, Raymond A. Landry Jun 1956

Developments In Legal Education, Faculty Of Law, Civil Law Section, University Of Ottawa, Raymond A. Landry

Dalhousie Law Journal

The present Faculty of Law of the University of Ottawa was inaugurated in 1953, although law had been taught at the Institution from 1887 to shortly before the First World War. This first venture in the teaching of the law was addressed to students both from Ontario and Quebec and the objective of the Faculty, at that time, was to teach both legal systems and to prepare students for the practice of law in both provinces. We will endeavour to present the developments in legal education from the perspective of the Civil Law Section although, unavoidably, the presence of the …


Survey Of Carleton's Law Graduates, R Lynn Campbell Jun 1956

Survey Of Carleton's Law Graduates, R Lynn Campbell

Dalhousie Law Journal

Law is offered as an undergraduate social science discipline at Carleton University. Students may take programs leading to both Major and Honours B.A. degrees in law or may also undertake the study of law in a combined Major or Honours program in conjunction with another discipline.' The purpose of the program is to promote an awareness of the place of rules respecting human conduct in political, social and economic environments and to provide insights of other disciplines relevant to particular legal problems. Carleton University is the only post secondary educational institution that offers the study of law in this form. …


"Appropriate And Just": Section 24 Of The Canadian Charter Of Rights And Freedoms And The Question Of Judicial Legitimacy, W A. Bogart Jun 1956

"Appropriate And Just": Section 24 Of The Canadian Charter Of Rights And Freedoms And The Question Of Judicial Legitimacy, W A. Bogart

Dalhousie Law Journal

At the heart of procedural law lie questions concerning the role of courts in a liberal democratic state. What is the essence of their function? What is the proper relationship between the judiciary and other governmental institutions? What is the well-spring for values with which courts can make law? The questions are perennials and will be asked so long as there is interest in the workings and malfunctions of all aspects of government. Courts, like all institutions of government, are continually being assessed on their own terms and in relation to other branches. In Canada this examination has received a …