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Developments In Legal Education, Faculty Of Law, Civil Law Section, University Of Ottawa, Raymond A. Landry

Dalhousie Law Journal

The present Faculty of Law of the University of Ottawa was inaugurated in 1953, although law had been taught at the Institution from 1887 to shortly before the First World War. This first venture in the teaching of the law was addressed to students both from Ontario and Quebec and the objective of the Faculty, at that time, was to teach both legal systems and to prepare students for the practice of law in both provinces. We will endeavour to present the developments in legal education from the perspective of the Civil Law Section although, unavoidably, the presence of the …

Necessity As A Justification: A Critique Of Perka, Donald Galloway

Dalhousie Law Journal

In his characteristically trenchant and influential investigation, "A Plea for Excuses",' J. L. Austin reminded us that we can and do use different strategies of defending a person when it is claimed that he has done wrong. He drew attention to two distinct tactics: One way of going about this (defending a person) is to admit that he, X, did that very thing, A, but to argue that it was a good thing, or the right or sensible thing, or a permissible thing to do . . . To take this line is to justify the action, to give reasons …

Protectionism And The Future Of International Shipping, Ted Lynn Mcdorman

Dalhousie Law Journal

It is Dr. Ademuni-Odeke's view that international shipping is "an industry in decline" and "in a mess" principally because of the abuse of national policies designed to give preference to national fleets or protect national fleets from international competition. The desire of nontraditional maritime nations to establish national merchant marines utilizing preference or protectionist policies has led to a confrontation with traditional maritime nations who espouse liberal economic principles, yet practice the same protectionist policies. The United States is the classic example of a maritime state which utilizes the full array of protectionist policies (flag preference, flag discrimination, state intervention, …

Survey Of Carleton's Law Graduates, R Lynn Campbell

Dalhousie Law Journal

Law is offered as an undergraduate social science discipline at Carleton University. Students may take programs leading to both Major and Honours B.A. degrees in law or may also undertake the study of law in a combined Major or Honours program in conjunction with another discipline.' The purpose of the program is to promote an awareness of the place of rules respecting human conduct in political, social and economic environments and to provide insights of other disciplines relevant to particular legal problems. Carleton University is the only post secondary educational institution that offers the study of law in this form. …

"Appropriate And Just": Section 24 Of The Canadian Charter Of Rights And Freedoms And The Question Of Judicial Legitimacy, W A. Bogart

Dalhousie Law Journal

At the heart of procedural law lie questions concerning the role of courts in a liberal democratic state. What is the essence of their function? What is the proper relationship between the judiciary and other governmental institutions? What is the well-spring for values with which courts can make law? The questions are perennials and will be asked so long as there is interest in the workings and malfunctions of all aspects of government. Courts, like all institutions of government, are continually being assessed on their own terms and in relation to other branches. In Canada this examination has received a …

Procedures For Meetings And Organizations, Innis Christie

Dalhousie Law Journal

Why would an academic psychologist and an academic engineer write a book about "how to set up organizations" and run their meetings? The authors do not answer that question in their preface so we are free to speculate that this is their escape from the "meeting madness" that threatens every academic. They have attempted not only to bring some order into that omnipresent aspect of their own lives but also to share the fruits of their efforts with the rest of us in this very fine handbook.

The Tort Of Seduction: Fathers And Daughters In Nineteenth Century Canada, Constance Backhouse

Dalhousie Law Journal

The tort of seduction, one of the most popular civil actions in nineteenthcentury Canada, was rooted in feudal notions that suggested that certain individuals could hold property interests in others. In the traditional actio per quod serviium amisit, a master was entitled to sue a tort-feasor who injured his servant for the loss of his or her services. The servant was treated as a species of chattel belonging to the master. As medieval master-servant relations began to dissolve in a modernizing economy, the tort was narrowed until it related almost exclusively to fathers and daughters. Fathers continued to bring actions …

On Shore Natural Resource Ownership: Atlantic Canada Perspective, J Mcevoy

Dalhousie Law Journal

Disputes over the ownership of resources off both the east and west coasts of Canada have recently been determined by the Supreme Court in favour of collective ownership by all Canadians, through federal Canada, rather than separate collective ownership by the adjacent citizens through their respective provinces.' These offshore disputes have involved state-province constitutional conflict and represent a higher plane application of common law concepts favouring individual ownership.

The Law Of Citation And Citation Of Law, Chin-Shih Tang

Dalhousie Law Journal

Legal citation is based primarily upon the writing habits of a particular profession - lawyers. In all its form, it is mostly a matter of convention, sometimes learned, always untaught. As one of the technical subjects in law, it may well be the most difficult topic in legal research and writing. This is partly because its method tends to concern more with adopted convention than with the abstraction of principles governing the intricacies of citation. Partly it is because there are more precedents for the adoption of a specific convention than there is for the law of citation itself. The …

Involuntary Psychiatry In Nova Scotia: The Review Board Reports (1979-1983) And Recent Proposals For Legislative Change, H Archibald Kaiser

Dalhousie Law Journal

The Nova Scotia Psychiatric Facilities Review Board, appointed under s. 53 of the Hospitals Act1, fulfils many vital functions affecting the treatment and liberty of the patient involuntarily confined in the psychiatric hospitals of the Province.2 Although its proceedings are held in camera,3 the Board fortunately publishes an Annual Report which is tabled in the House of Assembly.4 Neither lay persons aor lawyers are likely to scrutinize these documents and this Comment is intended in part to redress this regrettable disregard as well as to offer some critical remarks. They contain material which will both hearten and disturb the reader, …

Sexual Divisions In Law, Christine Boyle

Dalhousie Law Journal

I remember Katherine O'Donovan vividly. She was a young law lecturer at Queen's University Belfast when I was a first-year student there seventeen years ago. Law, on the whole, does not provide a large number of women to stimulate one's aspirations, but Katherine O'Donovan would have been outstanding in any context. She was clever and as beautiful as her name. She has written an outstanding book.

Looking South: A Short Guide To Some Basic Considerationsin Referring To United States Law In Connection With Canadian Judicial Proceedings, Jan Schneider

Dalhousie Law Journal

Comparative law may be entering its golden age in Canada. Particularly with the advent of the new Canadian Charter of Rights and Freedoms, courts, practitioners and professors in Canada seem to be looking increasingly at the decisions of foreign tribunals for what guidance they may offer for the construction and development of Canadian law. For a number of fairly obvious reasons - the sheer number of American cases and their easy accessibility, common language, basic similarities in legal systems and so forth - there appears to be a very distinct trend toward reliance on United States cases in particular. An …

Equity 1900-1901 3rd Year, Donald Frank Matheson

Thompson Rare Book Collection

This notebook was used by D. Frank Matheson, an alumnus of Dalhousie Law School, Class of 1901, in his third year Equity Law class.

The Matheson Notebooks are a collection of seven bound notebooks used by Frank Matheson during his time at Dalhousie School of Law between 1898 and 1901. In 2018, they were found in the basement of a Lunenburg law firm and donated to Schulich School of Law. There are two or three notebooks from each year of Matheson’s studies, ranging slightly in size and style. The notebooks have pages made from linen rags, are bound with paper …

The Canadian Law List (Hardy's) 1900, H. Cartwright

Thompson Rare Book Collection

The Canadian Law List (Hardy's) 1900 edited by H. Cartqright, Esq. includes:

• Canadian law firms and barristers;
• Canadian Commissioners;
• Dominion Laws;
• Members of the Queen's Privy Council for Canada;
• Judges;
• Synopsis of laws.3

Content is organized by province.

Equity: 1899-1900 Second Year, Donald Frank Matheson

Thompson Rare Book Collection

This notebook was used by D. Frank Matheson, an alumnus of Dalhousie Law School, Class of 1901, in his second year Equity Law class.

The Matheson Notebooks are a collection of seven bound notebooks used by Frank Matheson during his time at Dalhousie School of Law between 1898 and 1901. In 2018, they were found in the basement of a Lunenburg law firm and donated to Schulich School of Law. There are two or three notebooks from each year of Matheson’s studies, ranging slightly in size and style. The notebooks have pages made from linen rags, are bound with paper …

Conveyancing: 1899-1900 Second Year, Donald Frank Matheson

Thompson Rare Book Collection

This notebook was used by D. Frank Matheson, an alumnus of Dalhousie Law School, Class of 1901, in his second year Conveyancing Law class.

The Matheson Notebooks are a collection of seven bound notebooks used by Frank Matheson during his time at Dalhousie School of Law between 1898 and 1901. In 2018, they were found in the basement of a Lunenburg law firm and donated to Schulich School of Law. There are two or three notebooks from each year of Matheson’s studies, ranging slightly in size and style. The notebooks have pages made from linen rags, are bound with paper …

Constitutional Law: 1899-1900 Second Year, Donald Frank Matheson

Thompson Rare Book Collection

This notebook was used by D. Frank Matheson, an alumnus of Dalhousie Law School, Class of 1901, in his second year Constitutional Law class.

The Matheson Notebooks are a collection of seven bound notebooks used by Frank Matheson during his time at Dalhousie School of Law between 1898 and 1901. In 2018, they were found in the basement of a Lunenburg law firm and donated to Schulich School of Law. There are two or three notebooks from each year of Matheson’s studies, ranging slightly in size and style. The notebooks have pages made from linen rags, are bound with paper …

Real Property: Dalhousie Law School, First Year, Donald Frank Matheson

Thompson Rare Book Collection

This notebook was used by D. Frank Matheson, an alumnus of Dalhousie Law School, Class of 1901, in his first year Real Property class.

The Matheson Notebooks are a collection of seven bound notebooks used by Frank Matheson during his time at Dalhousie School of Law between 1898 and 1901. In 2018, they were found in the basement of a Lunenburg law firm and donated to Schulich School of Law. There are two or three notebooks from each year of Matheson’s studies, ranging slightly in size and style. The notebooks have pages made from linen rags, are bound with paper …

Contracts: Dalhousie Law School, D Frank Matheson, First Year, Donald Frank Matheson

Thompson Rare Book Collection

This notebook was used by D. Frank Matheson, an alumnus of Dalhousie Law School, Class of 1901, in his first year Contract Law class.

The Matheson Notebooks are a collection of seven bound notebooks used by Frank Matheson during his time at Dalhousie School of Law between 1898 and 1901. In 2018, they were found in the basement of a Lunenburg law firm and donated to Schulich School of Law. There are two or three notebooks from each year of Matheson’s studies, ranging slightly in size and style. The notebooks have pages made from linen rags, are bound with paper …

Reports Of Cases Adjudged In The Supreme Court Of The Province Of New Brunswick, George F S Berton

Thompson Rare Book Collection

Reports of Cases Adjudged in the Supreme Court of the Province of New Brunswick: Commencing in Hilary Term, 1835, written by George F. S. Berton in 1835 is a 217 page compilation of cases argued and determined in the Supreme Court of New Brunswick. It includes an index and the option to full-text search.

Preface:

At the date of the commencement of these Reports, I was in­duced by a desire to render service to my professional brethren and the public, to publish the notes, which I had taken only for my own use, of the cases in Hilary, 1835. …

Notes Of Lectures On The Law Of Scotland, Vol. I, George Joseph Bell

Thompson Rare Book Collection

Lecture notes hand-written by George Joseph Bell, Professor of Scots Law at Edinburgh University in Session 1826-27 touching on the laws of:

• Part I: Personal Rights (pages 1–132);
• Part II: Law of Property (pages 133–439)

Volume I ends on page 206.

Notes Of Lectures On The Law Of Scotland, Vol Ii, George Joseph Bell

Thompson Rare Book Collection

Volume II of hand-written lecture notes of George Joseph Bell, Professor of Scots Law at Edinburgh University in Session 1826-27 touching on the laws of:

• Part I: Personal Rights (pages 1–132);
• Part II: Law of Property (pages 133–439)

Volume II begins at page 207.

Thoughts In Prison, William Dodd

Thompson Rare Book Collection

The following work, as the dates of the respective parts evince, was begun by its unhappy Author in his apartments at Newgate, on the evening of the day subsequent to his trial and conviction at Justice Hall; and was finished, amidst various necessary interruptions, in little more than the space of two months.

The few little pieces subjoined to the Thoughts, and the Author’s Last Prayer, were found amongst his papers. Their evident connection with the Poem was the inducement for adding them to the volume.

Written by the Rev. William Dodd, during his time in prison prior to …