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Full-Text Articles in Legal History
Ivan Rand's Ancient Constitutionalism, Jonathon Penney
Ivan Rand's Ancient Constitutionalism, Jonathon Penney
Articles, Book Chapters, & Popular Press
Few names loom larger than Ivan Rand’s in the history of Canadian law. If anything, Rand has retained his image as a courageous judge willing to bend the law in creative ways to seek justice and protect the rights of oppressed minorities. But Rand’s legal ideas have not faired as well. Over the years, his theory of “implied rights,” and view of the judicial role, has been criticized as incoherent and indefensible. The central aim of this paper is to challenge these criticisms. I want to offer a solution by reconstructing an overlooked component of his legal thought: a form …
Introduction (Excerpt) In Justice Bertha Wilson: One Woman's Difference, Kim Brooks
Introduction (Excerpt) In Justice Bertha Wilson: One Woman's Difference, Kim Brooks
Articles, Book Chapters, & Popular Press
Bertha Wilson was the first woman to be appointed to Canada's Supreme Court in 1982. Her appointment capped off a career of firsts. She had been the first woman lawyer and partner at a prominent Toronto law firm and the first woman appointed to the Ontario Court of Appeal. Her career and passing in 2007 have provoked reflection on her contributions to Canadian society and caused many to reflect on the question she herself posed: what difference do women judges make? What follows is an excerpt from the introduction to the book. The chapters of the book explore a broad …