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The Opinion Volume 35 Number 7 – December 7, 1994, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 7, 1994

The Opinion Volume 35 Number 6 – November 16, 1994, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 16, 1994

The Opinion Volume 35 Number 5 – October 26, 1994, The Opinion

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The Opinion newspaper issue dated October 26, 1994

The Opinion Volume 35 Number 4 – October 12, 1994, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 12, 1994

On War And Justice, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

The Trial Of Oliver Wendell Holmes, Rodney A. Smolla

William & Mary Law Review

No abstract provided.

Sedition In Nova Scotia: R. V. Wilkie (1820) And The Incontestable Illegality Of Seditious Libel Before R. V. Howe (1835), Barry Cahill

Dalhousie Law Journal

Given its primacy and exceptionality in the Nova Scotian context, Wilkie both exemplifies the judiciary's role in official repression, and instantiates the importance of what Wright calls "the ideological mechanisms of the criminal law" in prescribing the outer limits of legitimate political discourse. This paper examines the first known use by the government of Nova Scotia of the eighteenth-century, judicially-invented misdemeanour of seditious libel in order to silence and punish criticism of the ruling eite. As Nova Scotia had neither indigenous caselaw, nor statutory legislation to supplement and reinforce the common law offence-Upper Canada's SeditionAct (1804) was still in full …

The Supreme Court Of Nova Scotia, Responsible Government, And The Quest For Legitimacy, 1850-1920, Philip Girard

Dalhousie Law Journal

Wallace Graham was one of the ablest judges ever to sit on the Supreme Court of Nova Scotia. Born of humble Baptist parentage in Antigonish in 1848, the yearNova Scotia's firstReform government took office, he was truly one of the sons of responsible government: that group of non-61ite, non-Halifax, non-Anglican men who left their stamp on the province's political order after mid-century. Appointed to the bench in 1889, he sat for twenty-six years as puisne judge and judge in equity before being named chief justice in 1915. Sadly, he occupied the post for only two years, dying suddenly in office …

Clark Memorandum: Fall 1994, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Too Much Law, Too Little Consensus (Bruce C. Hafen)
• Pure Religion (Steven A. West)
• Keepers of the Flame (F. Burton Howard)
• A Safe Return (Michael Goldsmith)

Mr. Justice Roland Ritchie: A Biography, Thomas Stinson

Dalhousie Law Journal

Mr. Justice Roland Almon Ritchie (1910-1988) was the most recent Nova Scotian to have been on the bench of the Supreme Court of Canada, serving for a quarter-century (1959-1984). Judicial biographies in this country are rare enough that any addition to the literature can be justified but Ritchie is an especially intriguing choice. He served on the bench for a long period, there is a wealth of information regarding his formative years courtesy of the published diaries of his older brother, Charles, and he is regarded as the embodiment of conservatism in a court that has frequently been described as …

The Admiralty Court In Colonial Nova Scotia, Arthur J. Stone

Dalhousie Law Journal

The establishment of the "Admiralty Court", which was formally known as the Nova Scotia Court of Vice-Admiralty, had preceded Cornwallis's arrival by several years. In the late summer of 1720, when Richard Philipps was both Governor and Vice-Admiral at Nova Scotia's old royal capital of Annapolis, Daniel Henry was appointed as Judge, Arthur Savage as Register and Cypryan Southack as Marshal in vice-admiralty. Less than a decade later, during the winter of 1729, the principal offices of a court of vice-admiralty went to John Bradstreet as Judge, Erasmus James Philipps as Advocate General, James Gibson as Register and Archibald Rennie …

Genre Et Gestion Du Pouvoir Communautaire À Annapolis Royal Au 18e Siècle, Maurice Basque

Dalhousie Law Journal

La communauté acadienne de Port-Royal est saisie d'une affaire d'enfant illégitime en 1726. Marie Daigle, épouse de Jacques Goutille, accuse un homme marié, Joseph Broussard dit Beausoleil, époux d'Agnès Thibodeau, d'être le père de l'enfant naturel de sa fille Marie. Marie Daigle présenta la cause de sa file devant le conseil du lieutenant-gouverneur de la Nouvelle-Écosse, John Doucett. Le Conseil décida en faveur de Marie Daigle fille en obligeant Joseph Broussard de lui verser une pension. La mère de Broussard, Catherine Richard, veuve de François Broussard, se présenta également devant le meme conseil et obtint une réduction de la somme …

The Opinion Volume 35 Number 3 – September 28, 1994, The Opinion

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The Opinion newspaper issue dated September 28, 1994

The Opinion Volume 35 Number 2 – September 20, 1994, The Opinion

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The Opinion newspaper issue dated September 20, 1994

The Opinion Volume 35 Number 1 – August 30, 1994, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated August 30, 1994

Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette

Daniel R. Coquillette

Also appears in Studi in Memoria Di Gino Gorla, 1605-1633. Tomo II: Dialogo Tra Ordinamenti, Diritto dei Commerci E Diritto Europa Iura Naturalia E Diritti Fondamentali. Italy, 1994, and in translation as "Giuristi Radicali Nel Massachusetts Coloniale: `Countenance of Authority' Lawes and Libertyes." In Il Diritto dei Nuovi Mondi: Atti del Convegno promosso dall'Instituto di Diritto Privato delle Facoltà di Giurisprudenza: Genova, 5-7 novembre 1992, 113-143. Milan: Casa Editrice Dott. Antonio Milani, 1994.

Revitalizing Our Cities Or Restoring Ties To Them? Redirecting The Debate, Donald A. Hicks

University of Michigan Journal of Law Reform

In this Article, I generally concur that certain legal reforms do hold considerable potential for ameliorating some of the desperate circumstances we find in our cities today. My view is rooted in the recognition that past reforms which dismantled legal barriers to equal opportunity were of monumental significance in broadening social and economic access to our urban arrangements. But it also is rooted in the conviction that a new wave of legal reform might well be required in order to reconsider other past reforms that, however unintentionally, have made many matters worse. Above all, any proposed legal reform should be …

Eyes To The Future, Yet Remembering The Past: Reconciling Tradition With The Future Of Legal Education, Amy M. Colton

University of Michigan Journal of Law Reform

This Note explores the relationship between legal education and the legal profession, and what can be done to stop the two institutions from drifting farther and farther apart. Part I examines the history of the American law school, focusing on how the schools came into existence and what goals they intended to serve. Part II questions whether these goals have been reached, and dissects the present-day law school curriculum in search of both its triumphs and its failures. A necessary part of this curriculum analysis includes examining the evolution of the profession into a creature of both law and business, …

Rehabilitating Federalism, Erwin Chemerinsky

Michigan Law Review

A Review of To Make a Nation: The Rediscovery of American Federalism by Samuel H. Beer

The Inherent Power In Mapping Ownership, Michael P. Conzen

Michigan Law Review

A Review of The Cadastral Map in the Service of the State: A History of Property Mapping by Roger J.P. Kain and Elizabeth Baigent

"Am I, By Law, The Lord Of The World?": How The Juristic Response To Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism, Charles J. Reid Jr.

Michigan Law Review

A Review of The Prince and the Law, 1200-1600: Sovereignty and Rights in the Western Legal Tradition by Kenneth Pennington

A Distant Heritage: The Growth Of Free Speech In Early America, Jim Greiner

Michigan Law Review

A Review of A Distant Heritage: The Growth of Free Speech in Early America by Larry D. Eldridge

The Constitution Besieged: The Rise And Demise Of Lochner Era Police Powers Jurisprudence, C. Ian Anderson

Michigan Law Review

A Review of The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence by Howard Gillman

Executive Detention In Time Of War, Richard A. Posner

Michigan Law Review

A Review of In the Highest Degree Odious: Detention Without Trial in Wartime Britain by A.W. Brian Simpson

The Opinion Volume 34 Number 15 – April 19, 1994, The Opinion

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The Opinion newspaper issue dated April 19, 1994

The Opinion Volume 34 Number 14 – April 11, 1994, The Opinion

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The Opinion newspaper issue dated April 11, 1994

The Opinion Volume 34 Number 13a – April 4, 1994, The Opinion

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Spoof issue of The Opinion newspaper ("The Onion") dated April 4, 1994. Marked as v34? No!

The Evolution Of Coordinate Precedential Authority In Canada: Interprovincial Citations Of Judicial Authority, 1922-92, Peter Mccormick

Osgoode Hall Law Journal

It comes as no surprise that the provincial courts of appeal frequently cite as authority the decisions of the Supreme Court of Canada or the prior decisions of the court of appeal itself. However, the citation practices of these courts also show (emerging before, and persisting after, 1970) a striking reliance on their counterparts in other provinces. Both the simple existence of this interprovincial conversation and the details of its provenance-such as the dominance of Ontario, the persistent isolation of Quebec, the recent emergence of British Columbia-constitute an important and distinctive element of judicial decision making in Canada.

The Search For Resolution Of The Canada-France Ocean Dispute Adjacent To St. Pierre And Miquelon, Ted L. Mcdorman

Dalhousie Law Journal

They were not to become an "object of jealously" according to the British and French in 1783. True to this admonition, the French islands of St. Pierre and Miquelon have remained as the uncontested footnotes to France's colonial presence in North America. However, the ocean area and resources adjacent to the French islands became the object of intense jealously, being the centre of a thorny, 25 year international dispute between Canada and France.

The Opinion Volume 34 Number 13 – March 22, 1994, The Opinion

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The Opinion newspaper issue dated March 22, 1994