Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Legal History

Law Faculty Developments At Calgary, 1984-1989, Margaret E. Hughes Oct 1990

Law Faculty Developments At Calgary, 1984-1989, Margaret E. Hughes

Dalhousie Law Journal

The Calgary Law Faculty is the youngest of the Canadian Law Schools, having been established in 1976. During the period under review the Faculty tackled developmental challenges that older Canadian law schools had faced years ago in generally less stringent economic times.


The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée Oct 1990

The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée

Dalhousie Law Journal

In its Preamble, the Basic Law - the constitution - of the Federal Republic of Germany declares itself a transitional order put in place until all Germans can freely decide to live in a reunified Germany. The Preamble is evidence of both history and aspirations of the western part of Germany that emerged from the Second World War. It is now one of the legal foundations for an event that only a year ago few thought was possible: the merging of the German Democratic Republic and the Federal Republic of Germany into one German state. In its preamble and in …


Mélanges. Louis-Philippe Pigeon, Marcel Joyal Oct 1990

Mélanges. Louis-Philippe Pigeon, Marcel Joyal

Dalhousie Law Journal

This is a collection of legal articles put together at the Faculty of Law, Civil Law Section, of the University of Ottawa under the direction of Professor Ernest Caparros.


Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik May 1990

Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik

Dalhousie Law Journal

Legal education has been subjected to greater scrutiny in common law jurisdictions since the publication of Lawyers and the Courts in 1967.2 Most of the recent literature has addressed the issue of who received a legal education and became entitled to practise law. It has also examined how a conservative-minded profession regenerated itself, and whether it equipped new recruits with the proper tools to meet the challenges of a changing society.


"His Whole Life Was One Of Continual Warfare": John Thomas Bulmer, Lawyer, Librarian And Social Reformer, Philip Girard May 1990

"His Whole Life Was One Of Continual Warfare": John Thomas Bulmer, Lawyer, Librarian And Social Reformer, Philip Girard

Dalhousie Law Journal

There is a small secondary literature on Bulmer. D.C. Harvey provides an authoritative account of his career as Provincial Librarian, while Bulmer's friend Benjamin Russell concentrates on his legal career in a biographical tribute published three decades after his death.4 Aside from passing references to his devotion to the cause of prohibition, however, no one has investigated Bulmer's career as a social reformer. An over-emphasis on Bulmer's admittedly extraordinary personality has prevented a full appreciation of the complexity of this multi-faceted individual; and this gap in turn has tended to obscure an important chapter in Nova Scotian social history. This …


Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson May 1990

Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson

Dalhousie Law Journal

To talk of law without politics or history is nonsensical. All lawyers must concede that what they do takes place in historical circumstances and has political consequences. Every piece of law-making and law-application is a governmental act; it relies on political authority and claims binding force. Moreover, all legal activity occurs within a particular historical context; it is intended to respond to or influence a past, existing or anticipated state of affairs. This means that the study of law must concern itself with politics and history generally: it must not confine itself to only the politics and history of law. …


The Faculty Of Law, University Of Manitoba 1964-1989, D T. Anderson May 1990

The Faculty Of Law, University Of Manitoba 1964-1989, D T. Anderson

Dalhousie Law Journal

The purpose of this brief, informal, note is to continue the account of the work and development of the University of Manitoba Faculty of Law, 1966-1984, given by C.H.C. Edwards and J.R. London in (1984), 9 Dalhousie Law Journal 166, through 1989.


The National Law Programme At Mcgill: Origins, Establishment, Prospects, Roderick A. Macdonald May 1990

The National Law Programme At Mcgill: Origins, Establishment, Prospects, Roderick A. Macdonald

Dalhousie Law Journal

This article is about the history of an idea, and about the curriculum of a Faculty of Law within which that idea has been pursued for more than a century. Its purpose is to explore the intellectual origins of the current National Programme of legal education at McGill University, to review the circumstances of its establishment agd evolution over the past two decades, and to evaluate its prospects as the Faculty's sesquicentennial celebrations approach.


The Fiercest Debate: Cecil A. Wright, The Benchers And Legal Education In Ontario 1923-1957, W R. Lederman May 1990

The Fiercest Debate: Cecil A. Wright, The Benchers And Legal Education In Ontario 1923-1957, W R. Lederman

Dalhousie Law Journal

In the dozen years after the end of the Second World War, long-standing conflicts about the nature of education for the legal profession in Ontario became especially acute. Fortunately, climax and successful compromise came in 1957. In that year the Law Society of Upper Canada, which had controlled legal education and admission to practice from the early days of the Colony of Upper Canada, gave up its monopoly of legal education and conceded an equal position in this respect to Ontario universities willing and able to enter the field. Several were, and promptly did so. Indeed the University of Toronto …


Newfoundland And Dominion Status, Christine Boyle May 1990

Newfoundland And Dominion Status, Christine Boyle

Dalhousie Law Journal

The relationship between Canada and Newfoundland was under stress for a number of different reasons during the eighties. There was a dispute over off-shore mineral rights' as well as concern over French fishing rights.2 For those interested in the relationship, Dr. Gilmore's book, Newfoundland and Dominion3 Status, subtitled The External Affairs Competence and International Law Status of Newfoundland, 1855-1934, therefore provides a useful historical background as well as fascinating information about the constitutional development of Newfoundland. This may be of interest as well to constitutional and international scholars generally as well as to Newfoundland's neighbours in the Maritimes.


Meeting The Enemy, Robert F. Nagel Jan 1990

Meeting The Enemy, Robert F. Nagel

Publications

No abstract provided.


Commissions Of Inquiry And Public Policy In Canada, Frank Iacobucci Jan 1990

Commissions Of Inquiry And Public Policy In Canada, Frank Iacobucci

Dalhousie Law Journal

Most Canadians attach a great deal of importance to commissions of inquiry. When commissions of inquiry are appointed and when they report, great public attention is usually focussed on the substantive and serious issues discussed.


The Role Of The Commission Counsel, John Sopinka Jan 1990

The Role Of The Commission Counsel, John Sopinka

Dalhousie Law Journal

Commissions of inquiry have been prominently featured in this country for decades. For instance the Durham Report on the 1837 Mackenzie- Papineau Rebellion was the product of a public inquiry. As well, other inquiries have played a pivotal role in the development of our public and economic life. We had, for example, the Rowell-Sirois Commission on Dominion-Provincial Relations, the Royal Commission on Bilingualism and Biculturalism, the McDonald Commission on the Economy, the Dubin Inquiry on Aviation Safety and the Estey Inquiry on Bank Failures to mention a few. In 1979, the Law Reform Commission of Canada estimated that there had …