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Full-Text Articles in Law
The Borders Of Responsibility, The Democratic Intellect, And Other Elephants In The Room, Liam Mchugh-Russell
The Borders Of Responsibility, The Democratic Intellect, And Other Elephants In The Room, Liam Mchugh-Russell
Dalhousie Law Journal
What can André Zucca’s photos, taken during the Nazi occupation of Paris, tell us about the law to come or the challenges it will pose to lawyers, legal scholars and legal educators? In short: Zucca’s photos serve not just as a cipher for a past in need of reckoning but as a caution about abiding a present in which crisis is always just out of frame. In the throes of slow-motion apocalypse, what should an intellectual be? And for whom? In 80 years, when someone is rifling through an attic shoebox of our history, will we appear like the subjects …
Anchoring Lifeline Criminal Jurisprudence: Making The Leap From Theory To Critical Race-Inspired Jurisprudence, Danardo S. Jones
Anchoring Lifeline Criminal Jurisprudence: Making The Leap From Theory To Critical Race-Inspired Jurisprudence, Danardo S. Jones
Dalhousie Law Journal
This article takes as a starting point the claim that anti-Black racism permeates Canadian society and finds expression in our institutions, most notably the criminal justice system. Indeed, anti-Black racism in criminal justice and its impact on Black lives are not credibly in dispute. Thus, what should concern legal scholars is the staying power or permanence of racism. In other words, should Canadian legal scholars ‘get real’ about the intractability of race? Or can anti-Black racism be effectively confronted by developing legal and evidentiary tools designed to fix, rather than dismantle, the current system? Put another way, this article aims …
Loyalty, Conscience, And Withdrawal: Are Government Lawyers Different?, Andrew Martin
Loyalty, Conscience, And Withdrawal: Are Government Lawyers Different?, Andrew Martin
Articles, Book Chapters, & Popular Press
There is a growing recognition that the core concepts and specific rules of legal ethics can have unusual and even unique implications for government lawyers. In this short essay, I examine how loyalty, conscience, and withdrawal apply to government lawyers. I argue that while government lawyers should be slower than lawyers in private practice to exercise their professional discretions to withdraw from a matter, they must be particularly ready to withdraw when unavoidably required – despite any selfless dedication to the ideal of a non-partisan public service.
The Continuing Application Of Gladue Principles In The Professional Discipline Of Indigenous Lawyers: A Comment On Law Society Of Ontario V Mccullough, Andrew Martin
Articles, Book Chapters, & Popular Press
While Gladue principles have previously been applied in the professional discipline of Indigenous lawyers, the recent decision of the Law Society Tribunal in Law Society of Ontario v McCullough affirms and applies those precedents in new and powerful ways. In this case comment, I explain the ways in which McCullough is important in its application of Gladue principles and consider what questions remain to be settled in future decisions.