Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Procedure (2)
- Constitutional Law (2)
- Courts (2)
- Criminal Law (2)
- Dispute Resolution and Arbitration (2)
-
- Human Rights Law (2)
- Judges (2)
- Law and Gender (2)
- Public Law and Legal Theory (2)
- Torts (2)
- Administrative Law (1)
- Animal Law (1)
- Business Organizations Law (1)
- Civil Law (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Common Law (1)
- Comparative and Foreign Law (1)
- Contracts (1)
- Criminal Procedure (1)
- Environmental Law (1)
- Family Law (1)
- Food and Drug Law (1)
- Health Law and Policy (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Intellectual Property Law (1)
- International Humanitarian Law (1)
- International Law (1)
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Evidence
The Virtue Of Process: Finding The Legitimacy Of Judicial Fact-Finding In Personal Injury Litigation, Nayha Acharya
The Virtue Of Process: Finding The Legitimacy Of Judicial Fact-Finding In Personal Injury Litigation, Nayha Acharya
PhD Dissertations
This thesis is an inquiry into the legitimacy of judicial fact-finding in civil litigation. Judges make authoritative factual findings in conditions of uncertainty and the decision-making process cannot, and does not, guarantee the accuracy of those outcomes. Given the inevitable risk of error, on what basis is the authority of judicial fact-finding legitimate? This project provides a framework of procedural legitimacy that bridges two unavoidable aspects of adjudication: factual indeterminacy and the need for justifiably authoritative dispute resolution. This work draws of the legal theories of Lon Fuller and Jurgen Habermas to substantiate the notion of procedural legitimacy in the …
Sex And The Supremes: Towards A Legal Theory Of Sexuality, Elaine Craig
Sex And The Supremes: Towards A Legal Theory Of Sexuality, Elaine Craig
PhD Dissertations
This thesis examines how the Supreme Court of Canada, across legal contexts, has tended to conceptualize sexuality. It focuses primarily on areas of public law including sexual assault law, equality for sexual minorities, sexual harassment and obscenity and indecency laws. There were a number of trends revealed upon reviewing the jurisprudence in this area. First, the Court’s decisions across legal contexts reveal a tendency to conceptualize sexuality as innate, as a pre-social naturally occurring phenomenon and as an essential element of who we are as individuals. This is true whether one is speaking of the approach to gay and lesbian …
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.