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The Judicial Regulation Of Lawyers In Canada, Amy Salyzyn
The Judicial Regulation Of Lawyers In Canada, Amy Salyzyn
Dalhousie Law Journal
The question of whether Canadian lawyers ought to be trusted to govern themselves has been repeatedly raised by the public, policy-makers and the academy over the past several decades. The legal profession has responded on a number of fronts, adopting what has been characterized as a "regime of defensive self-regulation." The analysis in this article complements and complicates this account by arguing that, alongside the profession's efforts at defensive self-regulation, there has been a steady stream of aggressive judicial regulation. The central argument of this article is two-fold: first, that courts have come to occupy an increasingly active role as …
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 …