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Full-Text Articles in Law
Judging And Diversity: Justice Or Just Us?, Richard F. Devlin Frsc
Judging And Diversity: Justice Or Just Us?, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
It is clear that the inevitable is upon us: as a society Canada is undergoing significant social change and law, as a social institution and mode of social interaction and regulation, cannot be immune to such changes. I want to suggest to you that these transitions are more than statistical - they are cultural and in that sense they will generate significant changes, indeed challenges, to our conventional ways of doing things. Change is of course somewhat unnerving, even disturbing or threatening, but I want to ask what sort of responses are available to us as we attempt to continue …
Book Review Of Contracts: Cases And Commentaries, Richard F. Devlin Frsc
Book Review Of Contracts: Cases And Commentaries, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
The fifth edition of Boyle and Percy, Contracts: Cases and Commentaries manifests this tension between the ideas market and the products market. When one contrasts this edition to the first there is a significant, though by no means fundamental, shift in emphasis. The ideas dimension has taken on a larger role, but mostly in the form of a grafting onto the conventional structure rather than through conceptual reorientation. The following brief comments attempt to assess the benefits and costs of this incrementalist strategy in the spirit of what bell hooks and Cornel West have described as "critical affirmation".
Some Recent Developments In Canadian Constitutional Theory With Particular Reference To Beatty And Hutchinson, Richard F. Devlin Frsc
Some Recent Developments In Canadian Constitutional Theory With Particular Reference To Beatty And Hutchinson, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
This article provides a critique of recent books by two prominent Canadian constitutional theorists - David Beatty's Constitutional Law in Theory and Practice and Allan Hutchinson's Waiting for CORAF: A Critique of Law and Rights. Devlin begins with a brief overview of the various positions that have been staked out in writing on the Canadian Charter of Rights and Freed oms during the last decade. He identifies three broad constituencies: Charter advocates who assume that rights are an "unqualified human good" and that judicial review is an important check on majoritarian zealotry; Charter critics who emphasize the undemocratic nature of …
A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin
A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin
Articles, Book Chapters, & Popular Press
Although a great deal of public attention has recently been focused on issues around assisted death remarkably little of it has come from an explicitly feminist perspective. This is a serious omission at a time when legislators are feeling pressure to review and perhaps revise existing policies on assisted death, and when the policies they contemplate may have a significant negative and disproportionate impact on women. We think it is essential that there be some discussion of these issues from an explicitly feminist perspective in order to ensure that concerns about the oppression of women become part of the public …