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Full-Text Articles in Law

Lets Talk About Sexual Assault A Feminist Exploration Of The Relationship Between Legal And Experiential Discourses, Dana Erin Phillips Nov 2015

Lets Talk About Sexual Assault A Feminist Exploration Of The Relationship Between Legal And Experiential Discourses, Dana Erin Phillips

LLM Theses

This thesis challenges the tendency within feminist legal thought to imagine a sharp division between law and lived experience, and specifically between feminist methods that engage legal discourse and those that invoke grassroots narratives grounded in experience. In order to better elucidate the relationship between legal and experiential discourses, the author compares recent legal discourse on sexual assault focusing on two Supreme Court of Canada decisions with women's own accounts of sexual violence, as presented in mainstream news media in the wake of the 2014 Jian Ghomeshi story. The findings, examined through the lens of feminist scholarship, support a view …


Enduring Powers Of Attorney And Financial Abuse Of Older Persons: Are Existing Safeguards Sufficient?, Paula Wedge Jan 2014

Enduring Powers Of Attorney And Financial Abuse Of Older Persons: Are Existing Safeguards Sufficient?, Paula Wedge

LLM Theses

Research has shown that older persons, particularly those with diminished capacity, are vulnerable to financial abuse by enduring power of attorney, which is otherwise an effective estate planning tool. Current legislation in Nova Scotia is not adequate to protect older persons from such financial abuse, which can be extremely devastating for them not only financially but physically and emotionally. Improvements to legislation are one part of the multi-dimensional solution to the problem. Educational initiatives for donors, attorneys and others is critical. Non-adversarial remedial measures to abuse, such as restorative approaches and elder mediation, must be fostered, as they provide for …