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Articles 1 - 14 of 14
Full-Text Articles in Law
The Bad, The Ugly, And The Horrible: What I Learned About Humanity By Doing Prison Research, Adelina Iftene
The Bad, The Ugly, And The Horrible: What I Learned About Humanity By Doing Prison Research, Adelina Iftene
Dalhousie Law Journal
Every Canadian academic conducting research with humans must submit an ethics application with their university’s Research Ethics Board. One of the key questions in that application inquired into the level of vulnerability of the interviewees. Filling in that question, I had to check nearly every box: the interviewees were incarcerated, old, under-educated, poor, Indigenous or other racial minorities, and likely had mental and physical disabilities. However, it was not until I met John that I understood what all those boxes actually meant. They were signalling that I was entering a universe of extreme marginalization—the universe of the forgotten. I learned …
Law Reform In Canada: The Impact Of The Provincial Law Reform Agencies On Uniformity, Thomas W. Mapp
Law Reform In Canada: The Impact Of The Provincial Law Reform Agencies On Uniformity, Thomas W. Mapp
Dalhousie Law Journal
It is now generally acknowledged that during the course of the last decade the provincial law reform agencies' have emerged as a dominant force in the law reform movement in Canada. The author believes that an analysis of the reports published by these agencies, and the provincial legislation enacted in response to them discloses, however, that to a large extent the imporovements in provincial law that have been gained have come at the expense of uniformity of law among the provinces. This erosion of uniformity under the impact of the benign efforts of the provincial law reform agencies is the …
The Oral Component Of Appellate Work, T. W. Wakeling
The Oral Component Of Appellate Work, T. W. Wakeling
Dalhousie Law Journal
Anyone who haunts the courtrooms of North America will find advocates of uneven quality. 1 There are master craftsmen but alongside them labour colleagues blessed with skills which escape the observer's scrutiny. Unfortunately, the latter category has been the subject of considerable attention lately with the result there is the impression about that poor advocates have cornered a disproportionate share of the market. Even Canadian and American judges have felt it necessary to question the competence of some practioners. Chief Justice Burger directed his serious charges at the trial lawyers but the appellate bar, the subject of this study, has …
Voltaire And The Cowboy: The Letters Of Thurman Arnold, Susan Sherwin
Voltaire And The Cowboy: The Letters Of Thurman Arnold, Susan Sherwin
Dalhousie Law Journal
Who was Thurman Arnold? A flamboyant character from Laramie, Wyoming, who first achieved national prominence in the late 1930s when, at that time a professor at the Yale Law School, he published his brilliant and provocative The Folklore of Capitalism. A man equally at home in the world of action and the world of ideas, who went on to become, successively, Franklin D. Roosevelt's man in charge of trust-busting, a judge on a federal circuit court of appeal and senior partner in a firm of corporation lawyers in Washington but did not cease stirring people up by public speeches, articles …
The New Principle Of Law Reform In Australia, Alex. C. Castles
The New Principle Of Law Reform In Australia, Alex. C. Castles
Dalhousie Law Journal
Until comparatively recent times, continuous, systematic law reform has not been favoured with strong support in those countries nurtured in the common law tradition. In particular, many lawyers in Australia, as elsewhere in the common law world, have tended, for the most part,' to be suspicious and perhaps, subconsciously, more than a little fearful of legal evolution through legislative action rather than judge-made law. This state of mind has belied the realities of the twentieth century life of the law and in many ways as well, the thrust of the law as it evolved in common law countries in the …
The Law Reform Commission Of British Columbia A Perspective, K. B. Farquhar
The Law Reform Commission Of British Columbia A Perspective, K. B. Farquhar
Dalhousie Law Journal
The Law Reform Commission of British Columbia was constituted by the Law Reform Commission Act' which became law on July 1, 1969. The Commission began functioning in 1970, and is therefore nearing the end of its sixth year of activity. As the original programme of the Commission was designed to be completed in five years, it is appropriate that this opportunity should arise for both retrospective and prospective reflection on its work. The first six years of the Commission's life have been productive and comparatively successful in terms of the subsequent legislative history of its Reports, but for present purposes …
The Law Reform Commission Of British Columbia A Perspective, K. B. Farquhar
The Law Reform Commission Of British Columbia A Perspective, K. B. Farquhar
Dalhousie Law Journal
The Law Reform Commission of British Columbia was constituted by the Law Reform Commission Act' which became law on July 1, 1969. The Commission began functioning in 1970, and is therefore nearing the end of its sixth year of activity. As the original programme of the Commission was designed to be completed in five years, it is appropriate that this opportunity should arise for both retrospective and prospective reflection on its work. The first six years of the Commission's life have been productive and comparatively successful in terms of the subsequent legislative history of its Reports, but for present purposes …
The Law Reform Commission Of British Columbia A Perspective, K. B. Farquhar
The Law Reform Commission Of British Columbia A Perspective, K. B. Farquhar
Dalhousie Law Journal
The Law Reform Commission of British Columbia was constituted by the Law Reform Commission Act' which became law on July 1, 1969. The Commission began functioning in 1970, and is therefore nearing the end of its sixth year of activity. As the original programme of the Commission was designed to be completed in five years, it is appropriate that this opportunity should arise for both retrospective and prospective reflection on its work. The first six years of the Commission's life have been productive and comparatively successful in terms of the subsequent legislative history of its Reports, but for present purposes …
The Law Reform Commission Of British Columbia A Perspective, K. B. Farquhar
The Law Reform Commission Of British Columbia A Perspective, K. B. Farquhar
Dalhousie Law Journal
The Law Reform Commission of British Columbia was constituted by the Law Reform Commission Act' which became law on July 1, 1969. The Commission began functioning in 1970, and is therefore nearing the end of its sixth year of activity. As the original programme of the Commission was designed to be completed in five years, it is appropriate that this opportunity should arise for both retrospective and prospective reflection on its work. The first six years of the Commission's life have been productive and comparatively successful in terms of the subsequent legislative history of its Reports, but for present purposes …
The Law Reform Commission Of British Columbia A Perspective, K. B. Farquhar
The Law Reform Commission Of British Columbia A Perspective, K. B. Farquhar
Dalhousie Law Journal
The Law Reform Commission of British Columbia was constituted by the Law Reform Commission Act' which became law on July 1, 1969. The Commission began functioning in 1970, and is therefore nearing the end of its sixth year of activity. As the original programme of the Commission was designed to be completed in five years, it is appropriate that this opportunity should arise for both retrospective and prospective reflection on its work. The first six years of the Commission's life have been productive and comparatively successful in terms of the subsequent legislative history of its Reports, but for present purposes …
The Manitoba Law Reform Commission: A Critical Evaluation, Paul Thomas
The Manitoba Law Reform Commission: A Critical Evaluation, Paul Thomas
Dalhousie Law Journal
The Manitoba Law Reform Commission began work in November, 1970. Its Third Annual Report, signed on April 1st, 1974, indicates that the Commission has submitted fifteen formal reports to the Attorney-General for Manitoba. The recommendations contained in seven of these reports have been implemented by legislation. In the case of two other reports, a change in the law was not recommended and no change was made. The Commission has also made twelve informal reports by way of letter to the Attorney-General. The recommendations contained in four of the informal reports have been implemented by legislation. 5 In the case of …
The Manitoba Law Reform Commission: A Critical Evaluation, Paul Thomas
The Manitoba Law Reform Commission: A Critical Evaluation, Paul Thomas
Dalhousie Law Journal
The Manitoba Law Reform Commission began work in November, 1970. Its Third Annual Report, signed on April 1st, 1974, indicates that the Commission has submitted fifteen formal reports to the Attorney-General for Manitoba. The recommendations contained in seven of these reports have been implemented by legislation. In the case of two other reports, a change in the law was not recommended and no change was made. The Commission has also made twelve informal reports by way of letter to the Attorney-General. The recommendations contained in four of the informal reports have been implemented by legislation. 5 In the case of …
The Nova Scotia Law Reform Advisory Commission: An Early Appraisal, Loane Skene
The Nova Scotia Law Reform Advisory Commission: An Early Appraisal, Loane Skene
Dalhousie Law Journal
The Nova Scotia Law Reform Advisory Commission has now been in existence for two and a half years, having been established by the Law Reform Act 19691 and constituted by an Order of the Governor in Council on January 25, 1972. As the members of the Commission are appointed for a period of two years, the term of appointment of the first members of the Commission expired on January 25 this year, but new members were not in fact appointed until June 25 this year. From February to June, the Commission was more or less in limbo. In view of …
The Law Reform Commission Of Canada, John Barnes
The Law Reform Commission Of Canada, John Barnes
Dalhousie Law Journal
The work of the Law Reform Commission of Canada prompts a reconsideration of our understanding of the meaning and process of law reform.1 After referring to one recent attempt in England to change the law of evidence in criminal cases, I will review certain misconceptions about the meaning of law reform and then consider the extent to which these misconceptions have been avoided by the Canadian commission.