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Articles 1 - 11 of 11
Full-Text Articles in Law
Legal Procedure: Access To Justice: 1883 To 1983, Justice Gibson
Legal Procedure: Access To Justice: 1883 To 1983, Justice Gibson
Dalhousie Law Journal
The invitation to me, as present Chairman of the Law Commission for England and Wales, to take part in this centenary celebration of Dalhousie Law School was both an honour conferred on our Law Commission and a recognition of our shared heritage of the common law and of the spirit and endeavour of law reform shared by the legal systems of Canada and of the United Kingdom. Greater honour was done to my office and to me by the conferring of the Honorary Degree of Doctor of Laws of this great university in such distinguished company.' This particular honour I …
Lawyers, Courts, And The Rise Of The Regulatory State, R. C. B. Risk
Lawyers, Courts, And The Rise Of The Regulatory State, R. C. B. Risk
Dalhousie Law Journal
In 1883, when Dalhousie Law School was created, lawyers in England, the United States, and Canada stood at the edge of a watershed. Massive changes in the law began during the late nineteenth and early twentieth centuries - changes in doctrine, institutions, practice, and ways of thinking. I cannot imagine how I might describe these changes in one short paper, even if I understood them all. Instead, I have chosen to talk about one large strand, regulation, because it is an important feature of law in the twentieth century and because it offers an opportunity to consider some distinctive characteristics …
The Changing Common Law, Morton J. Horwitz
The Changing Common Law, Morton J. Horwitz
Dalhousie Law Journal
I am very pleased and honoured to have been asked to participate in this centennial celebration. For me, it underlines the common bonds between the people of Canada and of the United States, who, in spite of various stresses and strains, manage to live side by side in peace and mutual respect. May we continue to set an example for the rest of the world. Until I read John Willis' very interesting history of Dalhousie Law School, I had not fully realized that I am here simply as another link in a long-standing relationship between Dalhousie and Harvard Law Schools. …
Rights And Judges In A Democracy: A New Canadian Version, Paul C. Weiler
Rights And Judges In A Democracy: A New Canadian Version, Paul C. Weiler
University of Michigan Journal of Law Reform
Canadians sought a constitutionally entrenched Charter of Rights not just for its own sake, but also as part of a larger effort at constitutional renewal. The hope was that such a Charter would preserve a united Canada in the face of the serious threat posed by French Canadian nationalism within a potentially independent Quebec. In this Article, I comment on those features of the Canadian debate and its denouement that are noteworthy within the Canadian context, as well as those that illustrate some of the universal themes of constitutional theory.
Federal State Clauses And The Conventions Of The Hague Conference On Private International Law, H. Allan Leal O.C., Q.C.
Federal State Clauses And The Conventions Of The Hague Conference On Private International Law, H. Allan Leal O.C., Q.C.
Dalhousie Law Journal
Dean Read would have been pleased, I believe, with this year's events since Canada has ratified The Hague Convention on the Civil Aspects of International Child Abduction.' This is a first for Canada in its participation in The Hague Conference on Private International Law. Dean Read worked hard and effectively to promote Canada's participation in that Conference and he was the Atlantic regional representative on the Canadian delegation to the first plenary session attended by Canadian delegates in 1968. I had the honour to work with him at that time and to be closely associated with him for many years …
Canada's Foreign Investment Review Act And The Problem Of Industrial Policy, James M. Spence Q.C.
Canada's Foreign Investment Review Act And The Problem Of Industrial Policy, James M. Spence Q.C.
Michigan Journal of International Law
The purpose of this article is to consider the Foreign Investment Review Act (FIRA or the Act) of Canada in the context of the continuing discussion in North America of the concept of "industrial policy." The particular version of industrial policy of interest for this purpose is the concept which involves interventionist activity by the government designed to affect directly the economic activity of an industry, company, or plant. The first part of the article briefly describes the background and operation of FIRA. The second part comments on the concept of interventionist industrial policy as it has developed in Canada. …
Bleeding Hearts And Peeling Floors: Compensation For Economic Loss At The House Of Lords, David S. Cohen
Bleeding Hearts And Peeling Floors: Compensation For Economic Loss At The House Of Lords, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
The decision of the House of Lords in Junior Books Ltd. v. Veitchi Ltd. represents an unwarranted development in the law of tort and contract, unless its rationale and limitations are fully appreciated. This reform in such an important area is premature "in the absence of hard data on the probable impact of such an extension of liability.” Much of the published commentary on recovery of economic loss in tort, and on this decision in particular, has been written from the ex post perspective of accident compensation doctrine and theory. Most writers have been concerned with the development of positive …
The Public And Private Law Dimensions Of The Uffi Problem: Part Ii, David S. Cohen
The Public And Private Law Dimensions Of The Uffi Problem: Part Ii, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
The subject of this paper, then, is the private and public law dimensions of the formaldehyde problem. The topics which I have chosen to discuss are directly relevant to any inquiry into the nature of the bureaucratic and entrepreneurial processes which together created the UFFI problem. My concern is not to fix blame, and I have chosen not to draw conclusions in respect of the doctrinal and policy issues which I discuss. Rather, I have attempted to describe the regulatory process which was associated with the development of the product, and to discuss the role of the courts in reviewing …
The Supreme Court Of Canada And "The Bowater's Law", 1950, Peter Neary
The Supreme Court Of Canada And "The Bowater's Law", 1950, Peter Neary
Dalhousie Law Journal
Many accounts have been written of the events leading to Newfoundland's union with Canada in 1949. None, however, details the diplomatic and legal controversy which developed in the months before union over the future status of Bowater's Newfoundland Pulp and Paper Mills Ltd. Settled by the Supreme Court of Canada in 1950, this tangled issue, arising from legislation dating back to 1915, produced important judicial insights into the constitutional position Newfoundland had assumed on becoming a Canadian province.
Greenwood Shopping Plaza Ltd. V. Beattie And Pettipas: Life Masquerading As A Contract Case, C. M. Arymowicz
Greenwood Shopping Plaza Ltd. V. Beattie And Pettipas: Life Masquerading As A Contract Case, C. M. Arymowicz
Dalhousie Law Journal
The Supreme Court of Canada held that the defendants in Greenwood Shopping Plaza Ltd. v. Beattie and Pettipas1 could not claim any benefit from a contract because they were third party beneficiaries thereto. Restated, the Court permitted the insurer of a building to reach through the landlord and the tenant, and recoup itself by saddling the tenant's employees with liability for negligently performing their jobs although it could sue neither landlord nor tenant. This result is so unpalatable to both business and labour that it will be avoided, and insurers will acquiesce. In this note I will, (a) by way …
The Origins Of Canadian Narcotics Legislation: The Process Of Criminalization In Historical Context, Neil Boyd
The Origins Of Canadian Narcotics Legislation: The Process Of Criminalization In Historical Context, Neil Boyd
Dalhousie Law Journal
The year 1972 saw a federal Commission investigating the non-medical use of drugs recommend repeal of the offence of possession of marijuana', an indication that state policy with respect to the social control of psychoactive substances was undergoing a thorough re-appraisal. It is not surprising, then, that the past decade should also have seen a considerable degree of academic interest in Canada's initial attempt to make criminal the citizen's desire to alter consciousness. A comprehensive review of this admirable collection of research reveals that Canada ought not to take pride in these initial efforts. The initial statute has been explained …