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Full-Text Articles in Law
Practising Law For Rich And Poor People: Towards A More Progressive Approach, Allan C. Hutchinson
Practising Law For Rich And Poor People: Towards A More Progressive Approach, Allan C. Hutchinson
Articles & Book Chapters
It is 50 years since Stephen Wexler’s essay, Practicing Law for Poor People, was published. By any reasonable measure, this has become and remains an iconic piece. Whether he is agreed with or disagreed with, Wexler arguments continue to define the terms of the debate about the proper role and responsibilities of those who practice law for poor people. Critics and jurists can be for or against Wexler’s account, but they cannot make serious headway without it. As such, Wexler’s essay deserve to be celebrated and showcased as it reaches its half-century milestone. However, his ideas and their informing assumptions …
On Emotions And The Politics Of Attention In Judicial Reasoning, Emily Kidd White
On Emotions And The Politics Of Attention In Judicial Reasoning, Emily Kidd White
Articles & Book Chapters
Legal doctrine regularly requires judges to both understand and use emotions in different ways. This chapter explores the role of emotions in fixing and sustaining judicial attention on the impact of a law on the constitutional rights of an individual or group. That certain forms of wrong or harm, including forms of political and social exclusion, are difficult to detect in the absence of focused attention is, I think, what Elizabeth Bishop’s poem ‘Man-Moth’, excerpted here in epigraph, intends to express. This chapter explores the role of emotions in setting up the serious, sustained inquiry into the impact of a …
Covid-19 And First Nations’ Responses, Aimée Craft, Deborah Mcgregor, Jeffery G. Hewitt
Covid-19 And First Nations’ Responses, Aimée Craft, Deborah Mcgregor, Jeffery G. Hewitt
Articles & Book Chapters
This chapter considers the federal government’s fettering of jurisdiction through inaction in the areas of clean water and housing. We consider a small sample of First Nations’ responses, taken on the basis of their assertions of jurisdiction and responses to the particular needs and circumstances of their communities. We conclude that First Nations are best positioned to make policy and law in response to COVID-19, and that the federal government can and must work with First Nations communities on resourcing their plans for wellness and emergency preparedness in relation to the pandemic, in accordance with a sui generis application of …