Law Commons^™

Responsible Scholarship In A Crisis: A Plea For Fairness In Academic Discourse On Carbon Pricing References, Stepan Wood, Meinhard Doelle, Dayna N. Scott

Dalhousie Law Journal

This article offers a critical review of a paper Professor Dwight Newman recently published on the constitutionality of the federal government’s national carbon pricing legislation and the Saskatchewan and Ontario court decisions upholding the law. Rather than engage with the substance of Professor Newman’s article, the authors consider whether it respects the norms of rigorous and fair inquiry that enable constructive scholarly debate. The authors conclude that it does not, and that the consequences for the Supreme Court’s resolution of the carbon pricing reference cases could be significant.

Le présent article propose une analyse critique d’un texte publié récemment par …

The Bad, The Ugly, And The Horrible: What I Learned About Humanity By Doing Prison Research, Adelina Iftene

Dalhousie Law Journal

Every Canadian academic conducting research with humans must submit an ethics application with their university’s Research Ethics Board. One of the key questions in that application inquired into the level of vulnerability of the interviewees. Filling in that question, I had to check nearly every box: the interviewees were incarcerated, old, under-educated, poor, Indigenous or other racial minorities, and likely had mental and physical disabilities. However, it was not until I met John that I understood what all those boxes actually meant. They were signalling that I was entering a universe of extreme marginalization—the universe of the forgotten. I learned …

Symposium Introduction: Teaching And Researching International Law – Global Perspectives, James Thuo Gathii, Olabisi D. Akinkugbe, Nthope Mapefane, Titilayo Adebola, Ohio Omiunu

Articles, Book Chapters, & Popular Press

Welcome to the Teaching and Researching International Law – Global Perspectives Symposium. This series of blog posts gathers perspectives from international law teachers, researchers and students from different regions and all stages of their careers and legal education, to reflect together on common challenges and imagined futures of our profession. This Symposium is held in a moment of great uncertainty – but also of possibility: the Critical Pedagogy Symposium recently held on Opinio Juris offered thought-provoking commentary from across the globe on critical international pedagogy and the virtual space, while the forthcoming TWAILR series on Critique and the Canon promises …

How Covid-19 Rekindled The Spirit Of Teaching, Nayha Acharya

Articles, Book Chapters, & Popular Press

The abrupt end to our classes in the middle of March 2020 due to the Covid-19 situation reignited in me the real sense of what it means to be a teacher. It brought me out of the superficial notion, where being a law professor just means being someone who has students who will listen to me talk about the law, and into the deeper sense - that being a teacher involves a very special human relationship. This transition arose in me, I believe, because the Covid-19 situation forced me to slow down and sit still for a while, and that …

Evidence, Rollie Thompson

Articles, Book Chapters, & Popular Press

“Evidence” is what, in our adversary system, the parties attempt to place before the neutral factfinder in order to prove their case (or disprove their opponent's case). We follow the principle of party-presentation: parties determine what specific items of evidence are offered for proof, while the impartial judge or decision maker will determine which items are “admissible” evidence, in accordance with principles of law. At the end of the trial or hearing, the fact-finder (jury, judge, tribunal, decision maker) will determine which of those admissible items of evidence are believed or not, in formulating “fact-guesses” or “findings of fact”.

Constitutional Law, Jodi Lazare

Articles, Book Chapters, & Popular Press

The materials below are the study outlines from the July 2020 and January 2021 Bar Examinations. The materials are not intended to provide legal advice, and should not be relied upon by articled clerks, transfer applicants, lawyers or members of the public as a current statement of the law.

Please note: The Bar Review Materials are updated every three years. They were last updated on May 1, 2020.