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Full-Text Articles in Law
Doctoral Studies In Law: From The Inside Out, Dia Dabby, Bethany Hastie, Jocelyn Stacey
Doctoral Studies In Law: From The Inside Out, Dia Dabby, Bethany Hastie, Jocelyn Stacey
Dalhousie Law Journal
This article explores the purpose, structure and experience of doctoral studies in Canadian law schools. Relying on an auto-ethnographic methodology where we draw on our personal experience as doctoral students, we identify three tensions in doctoral studies in law. We explore how these tensions-between practice/theory structure/space, and supervisory/other relationships-emerge from the structure of doctoral studies in law and how they manifest themselves in the lived experience of doctoral students. We detail how these tensions are a product of the ambiguous and underexplored nature ofdoctoral studies in law. By making these tensions explicit, we encourage doctoral students, law professors and administrators …
Hugh Kindred And The Teaching Of International Law In Canada, Don Mcrae
Hugh Kindred And The Teaching Of International Law In Canada, Don Mcrae
Dalhousie Law Journal
The casebook, International Law, Chiefly as Interpreted and Applied in Canada under the general editorship of Hugh Kindred, which first appeared in 1987, was a milestone in the teaching of international law in Canada. It was an important teaching tool that made international law accessible to students. Seeing international law through the eyes of Canadian practice, Canadian materials and Canadian experience, the book was an introduction to the fundamentals of the field and to the developments and debates of contemporary international law Engaging on the editorial board Canadian academics from different law schools, Hugh Kindred has been able to provide …
No Longer "Naked And Shivering Outside Her Gates": Establishing Law As A Full-Time On-Campus Academic Discipline At Mcgill University Inthe Nineteenth Century, A J. Hobbins
Dalhousie Law Journal
Although Canada was a single province (1763-1791), subsequently divided into Upper and Lower Canada, legal education developed very differently in the two components. The Law Society of Upper Canada controlled legal education in Ontario until the second half of the twentieth century, while in Quebec, where the legal system was based on both civil and common law, university-based legal education began in the first half of the nineteenth century. This study examines how legal education developed at McGill University, moving from part-time teaching by professionals off-campus to an on-campus faculty taught by full-time academics by the end of the century …
Building On Strong Foundations: Rethinking Legal Education With A View To Improving Curricular Quality, Veronica Henderson
Building On Strong Foundations: Rethinking Legal Education With A View To Improving Curricular Quality, Veronica Henderson
Dalhousie Law Journal
Recent increases in law school tuition provide an occasion for criticalreflection on precisely what law students are being offered in their formal education. The aim of this article is to help catalyze discussion of what quality legal education entails. It begins by outlining the current underpinnings of Canadian legal education, especially the foundation of issue identification. Newer developments in legal education are also canvassed.A foundational critique is then applied to elucidate the main weakness of thepresent curricular structure: students are graduating with a flat understanding of the law Employing Dr Oliver Sacks's critique of medical education as a starting point, …
Designating The Dean Of Law: Legal Education At Mcgill University And The Montreal Corporate And Professional Elite, 1946-1950., A J. Hobbins
Dalhousie Law Journal
The nature of legal education has been the subject of an ongoing debate in all Canadian jurisdictions. A central theme of this debate for much of the twentieth century was whether legal education should be restricted to training for the local Bar as opposed to studying law as an academic discipline in addition to such professional training A decanal vacancy at McGill University brought this question to the fore in 1946 when the anglophone members of the Montreal Bar exerted a great deal of influence on the selection process. The matter was complicated by the opposition of the corporate elite …
Canadian Graduate Legal Education: Past, Present And Future, Sanjeev S. Anand
Canadian Graduate Legal Education: Past, Present And Future, Sanjeev S. Anand
Dalhousie Law Journal
Canadian graduate legal education has seldom been the subject of scholarly inquiry This article seeks to fill the vacuum by describing and evaluating various features associated with master s and doctoral programs offered by the nation s /ao schools. A number of criteria are used in this analysis, some of which have been garnered from the broader literature on higher education The article concludes with a series of specific programmatic and policy reform proposals aimed at strengthening the state of graduate legal education in this country
Competition, Cooperation Or Cartel: A National Law School Accreditation Process For Canada?, Alvin Esau
Competition, Cooperation Or Cartel: A National Law School Accreditation Process For Canada?, Alvin Esau
Dalhousie Law Journal
Law schools in Canada are engaged in increased competition with one another and significant disparities in resources and reputations have developed. The author argues that this competitive context may be a threat to the maintenance in some schools of the broader mission of the law school to teach and produce contextual and critical perspectives on law. It is suggested that Canadian law schools should cooperate with each other and that various initiatives could be taken which would help all schools. Beyond cooperation on specific projects, the authorraises the question of whetherlawschools should set up theirown national accreditation scheme. He suggests …
A Case For Compulsory Legal Ethics Education In Canadian Law Schools, Jocelyn Downie
A Case For Compulsory Legal Ethics Education In Canadian Law Schools, Jocelyn Downie
Dalhousie Law Journal
The author presents principled arguments, consequentialist arguments, arguments by analogy and arguments by authority in support of her conclusion that Canadian law schools should have compulsory legal ethics education. Among other things, she argues that legal ethics education is an imperfect but essential way to meet the obligations that arise from the public trust placed in the legal profession. She also explores a number of benefits that can accrue to students, law schools, the legal profession and society in general when ethics is a compulsory component of legal education.
An Analysis Of Gender In Admission To The Canadian Common Law Schools From 1985-86 To 1994-95, Brian M. Mazer
An Analysis Of Gender In Admission To The Canadian Common Law Schools From 1985-86 To 1994-95, Brian M. Mazer
Dalhousie Law Journal
Using statistical data covering a ten year period, this study examines the issue of gender representation in admissions to first year law study at common law schools in Canada. After addressing three identifiable steps in the admission process-applications, offers and registration-the author concludes that while there has been progress and the gap has narrowed, the problem of gender inequality persists.
Legal Research In A Social Science Setting: The Problem Of Method, T Brettel Dawson
Legal Research In A Social Science Setting: The Problem Of Method, T Brettel Dawson
Dalhousie Law Journal
As part of its ongoing process of curriculum development, the Department of Law at Carleton University decided in 1988 that a compulsory course in legal research methods was long overdue in the B.A. Honours degree in Law. Fortified with interest nurtured by methodological debates in feminist scholarship,' experience devilling' for a barrister pending my call to the bar, and practice from instructing a course in legal research and writing while a graduate student, I set about developing the proposed course. No guidelines existed for such a course, beyond the logic that it should complement the socio-legal or legal studies focus …
Improving Access To Legal Education For Native People In Canada: Dalhousie Law School's I.B.M. Program In Context, Hugh Macaulay
Improving Access To Legal Education For Native People In Canada: Dalhousie Law School's I.B.M. Program In Context, Hugh Macaulay
Dalhousie Law Journal
This paper is about access to legal education for Native peoples in Canada. It is important at the very outset of this undertaking to explain my interest in this issue and to describe the perspective from which I write. At the beginning of the 1989-90 academic year I returned to Halifax to discover that Dalhousie had implemented a program to increase access for Blacks and Micmacs to legal education. Motivated by my support for this initiative, I applied to be a tutor in the program and was fortunate enough to be selected.
The Fiercest Debate: Cecil A. Wright, The Benchers And Legal Education In Ontario 1923-1957, W R. Lederman
The Fiercest Debate: Cecil A. Wright, The Benchers And Legal Education In Ontario 1923-1957, W R. Lederman
Dalhousie Law Journal
In the dozen years after the end of the Second World War, long-standing conflicts about the nature of education for the legal profession in Ontario became especially acute. Fortunately, climax and successful compromise came in 1957. In that year the Law Society of Upper Canada, which had controlled legal education and admission to practice from the early days of the Colony of Upper Canada, gave up its monopoly of legal education and conceded an equal position in this respect to Ontario universities willing and able to enter the field. Several were, and promptly did so. Indeed the University of Toronto …
Commissions Of Inquiry And Public Policy In Canada, Frank Iacobucci
Commissions Of Inquiry And Public Policy In Canada, Frank Iacobucci
Dalhousie Law Journal
Most Canadians attach a great deal of importance to commissions of inquiry. When commissions of inquiry are appointed and when they report, great public attention is usually focussed on the substantive and serious issues discussed.
Clinical Legal Education Through The Looking-Glass, M Kathryn Munn
Clinical Legal Education Through The Looking-Glass, M Kathryn Munn
Dalhousie Law Journal
This paper describes the implementation of a clinical legal education program at the University of Western Ontario. By coincidence, the paper was completed just as a major change in direction was unfolding in the program. The origin and purposes of clinical education I will leave to another occasion. Suffice it to say that my answer to the question, "does a law school need clinical education?", is a resounding "yes".
Western In The 1980'S, W B. Rayner
Western In The 1980'S, W B. Rayner
Dalhousie Law Journal
When one is asked to write on the development of one's faculty over a decade, the most difficult part of the task is simply to determine where to begin. After some thought, I came to the conclusion that the most appropriate starting point is the statement of the objective that appears in the "Dean's Message" contained in our Calendar. We state that our objective is "to offer students a liberal education through the critical study of legal and related materials in preparation for the private practice of law, for government service and for kindred vocations." In short, we wish to …
Legal Education In Saskatchewan 1982-1988, Daniel I. Ish
Legal Education In Saskatchewan 1982-1988, Daniel I. Ish
Dalhousie Law Journal
My predecessor in the office of dean, Don Clark, in an article in this Journal approximately six years ago, described in his usual eloquent fashion the development of the little law school on the prairie from its genesis in 1910. In these pages I will attempt to outline some of the developments in the College of Law during my six years as dean. I intend to adopt an intuitive, first-person narrative which, I hope, will not be too self-serving in its description of the College of Law between 1982 and 1988.
Canadian Criminal Jury Instructions, James P. Taylor
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.
The Teaching Of The Law Of Thailand, Ted L. Mcdorman
The Teaching Of The Law Of Thailand, Ted L. Mcdorman
Dalhousie Law Journal
Within the last few years Canada has begun to realize that it is a Pacific Rim country with substantial connections and interests in Asia. As part of this awakening Canadian interest in Asian affairs the Faculty of Law at the University of Victoria decided to develop and offer a course entitled "Legal Issues in Southeast Asia", with the hope that such a course would provide a forum for a systematic, informed comparison of the legal systems of Asia.
Educating Men And Women For Service Through Law: Osgoode Hall Law School 1963-1988, Mary Jane Mossman
Educating Men And Women For Service Through Law: Osgoode Hall Law School 1963-1988, Mary Jane Mossman
Dalhousie Law Journal
My work... has assumed the shape of ... a spiral curriculum, circling around the same issues, though trying to keep them open-ended. This statement was penned by Northrop Frye in Spiritus Mundi in the context of reflections about creativity and literary criticism, but it aptly describes as well the intellectual ferment of writing about legal education in Canada during the past few decades. Indeed, Frye's suggestion that the above quotation "may be only a rationalization for not having budged an inch in eighteen years ' may similarly offer an important clue about the legal education debate in Canada and the …