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Schulich School of Law, Dalhousie University

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Full-Text Articles in Law

A Comment On "No Comment": The Sub Judice Rule And The Accountability Of Public Officials Inthe 21st Century, Lorne Sossin, Valerie Crystal Oct 2013

A Comment On "No Comment": The Sub Judice Rule And The Accountability Of Public Officials Inthe 21st Century, Lorne Sossin, Valerie Crystal

Dalhousie Law Journal

The sub judice rule is a rule of court, a statutory rule, a Parliamentary convention and a practice that has developed in the interaction between media and public officials. At its most basic, the sub judice rule prohibits the publication of statements which may prejudice court proceedings. This study examines the nature, rationale and scope ofthe sub judice rule. The authors provide an account of the current state of the rule, and highlight areas where more clarity would be desirable. The authors propose a more coherent approach to the sub jud ice rule, more clearly rooted in the concern over …


Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram Oct 1996

Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram

Dalhousie Law Journal

Drawing on recent high profile cases in Canada and the United States, the author examines the different extent to which lawyers in those two countries comment to the media about ongoing litigation. He investigates various formal constraints upon lawyer comment, such as court-imposed publication bans and rules of professional responsibility. He also looks at the way in which lawyer behaviour is attributable to non-formal, cultural determinants.


Mandates, Legal Foundations, Powers And Conduct Ofcommissions Of Inquiry, A. Wayne Mackay Jan 1990

Mandates, Legal Foundations, Powers And Conduct Ofcommissions Of Inquiry, A. Wayne Mackay

Dalhousie Law Journal

Indeed, it may be just as difficult to disentangle law and politics as it is to separate religious and sexual passions. While law has traditionally been presented as more value-neutral than politics, in either its academic or applied form, the inaccuracy of this view of law is becoming widely recognized. Value choices have always been a vital aspect of legal adjudication and the arrival of the Canadian Charter of Rights and Freedoms in 1982 has forced judges to be more overt about this aspect of their job.' The separation of law and politics is more a matter of mythology than …


The Commission And Its Report: Public Education, Advocacy And Lobbying, A Cairns, S Grange J, E C. Harris Jan 1990

The Commission And Its Report: Public Education, Advocacy And Lobbying, A Cairns, S Grange J, E C. Harris

Dalhousie Law Journal

Mr. Harris: The question concerning the justification of commissions of inquiry has been raised in the preceding discussions. If their sole justification is having the bulk of their recommendations implemented, the institution probably would have died out long ago. Nevertheless, it must be of considerable concern to commissioners that the record has not been good in terms of implementation and one of the questions that perhaps will determine how successful commissions are in this respect has to do with what happens when the report is delivered and thereafter. These questions will be largely the subject of the panel that we …


How Should Lawyers And Legal Profession Adapt?, S Gm Grange Jan 1990

How Should Lawyers And Legal Profession Adapt?, S Gm Grange

Dalhousie Law Journal

Of all the love affairs with which the people of this world have been blessed or afflicted, that between public inquiries and the media is certainly one of the strangest. I have been in and about the law for over 40 years and in that time I say immodestly I have pleaded, what to me were, some very interesting cases and I have in the last 14 years had occasion to sit in judgment on some, not only interesting but, perhaps important cases. But I know perfectly well that when the time comes to take my departure, if I am …