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Full-Text Articles in Law

Discrimination, The Right To Seek Redress And The Common Law: A Century-Old Debate, Béatrice Vizkelety Oct 1992

Discrimination, The Right To Seek Redress And The Common Law: A Century-Old Debate, Béatrice Vizkelety

Dalhousie Law Journal

Does discrimination law have anything in common with the common law? This question, which may have been reworded from time to time in deference to the age in which it was raised, is one which has recurred with remarkable tenacity throughout most of this century. It is also a question which continues, despite initial impressions, to be relevant to the manner in which adjudicatots interpret and apply anti-discrimination legislation today.


The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire Oct 1992

The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire

Dalhousie Law Journal

This article examines the impact that the suggested changes would have on the immigration power as presently set forth in sections 95 and 91(25) of the Constitution Act, 1867, and on Canadian immigration policy generally. First, it discusses how the present immigration power is allocated as between the federal government and the provinces, how it has been exercised or attempted to be exercisedby the two levels of government and how it has evolved and been interpreted by the Courts. Secondly, it looks at the problems that could arise as a result of the federal government transferring some of its immigration …


The "Colored Barrister": The Short Life And Tragic Death Of James Robinson Johnston, 1876-1915, Barry Cahill Oct 1992

The "Colored Barrister": The Short Life And Tragic Death Of James Robinson Johnston, 1876-1915, Barry Cahill

Dalhousie Law Journal

The mortal remains of James Robinson Johnston, Nova Scotia's first Black lawyer, lie buried in the family plot at Camp Hill Cemetery in Halifax. The gravestone epigraphy records that he was a Good Templar, a Freemason and an Oddfellow; his Dalhousie University degrees (one of them inaccurately); and the fact that he died a mere nine days short of his thirty-ninth birthday. "Gone but not forgotten" reads the epitaph, much less ironically now - in view of the fact that the recently established Chair in Black Canadian Studies at his alma mater has been named in Johnston's honour-than it ever …


Beyond Liberalism And Its Critics: An Essay In Constitutional Theory, Marcus Faro De Castro May 1992

Beyond Liberalism And Its Critics: An Essay In Constitutional Theory, Marcus Faro De Castro

Dalhousie Law Journal

Contemporary legal culture spends a great deal of energy in generating arguments about constitutional law. Typically, such arguments concern the determination of the content of constitutional clauses which define the meaning and extension of governmental powers, individual rights and civil liberties, the allocations of power among different departments of government, or among local and supra-local spheres of government, and so forth.


Legal Research In A Social Science Setting: The Problem Of Method, T Brettel Dawson May 1992

Legal Research In A Social Science Setting: The Problem Of Method, T Brettel Dawson

Dalhousie Law Journal

As part of its ongoing process of curriculum development, the Department of Law at Carleton University decided in 1988 that a compulsory course in legal research methods was long overdue in the B.A. Honours degree in Law. Fortified with interest nurtured by methodological debates in feminist scholarship,' experience devilling' for a barrister pending my call to the bar, and practice from instructing a course in legal research and writing while a graduate student, I set about developing the proposed course. No guidelines existed for such a course, beyond the logic that it should complement the socio-legal or legal studies focus …