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Full-Text Articles in Legal History

Canadian Constitutional Identities, Eric M. Adams Oct 2015

Canadian Constitutional Identities, Eric M. Adams

Dalhousie Law Journal

Constitutions are stories nations tell about themselves. Despite the famous declaration in the Constitution Act, 1867 that the "Provinces ofCanada...Desire...a Constitution similar in Principle to that of the United Kingdom," most of Canada's constitutional history can be understood as the search for a distinctly Canadian constitutional identity Canadians have always looked to their constitutional instruments to both reflect and produce a particular vision of the nation and its citizens. This article focuses on the search for Canada s constitutional identity during its first century as a nation, from Confederation until the 1960s. Drawing on a varied array of sources and …


The Past, Present, And Future Of Canadian Environmental Law: A Critical Dialogue, Jason Maclean, Meinhard Doelle, Chris Tollefson Jan 2015

The Past, Present, And Future Of Canadian Environmental Law: A Critical Dialogue, Jason Maclean, Meinhard Doelle, Chris Tollefson

Articles, Book Chapters, & Popular Press

In the critical dialogue that follows, Jason MacLean, an assistant professor at the Bora Laskin Faculty of Law at Lakehead University whose research focuses on environmental law, explores some of the most salient aspects of the past, present, and future of Canadian environmental law with two of Canada’s leading environmental scholars and practitioners: Meinhard Doelle, professor of law and associate dean of research at the Schulich School of Law and director of the Marine & Environmental Law Institute at Dalhousie University; and Chris Tollefson, professor and Hakai Chair in Environmental Law and Sustainability and executive director of the Environmental Law …


Denaturalizing Transparency In Drug Regulation, Matthew Herder Jan 2015

Denaturalizing Transparency In Drug Regulation, Matthew Herder

Articles, Book Chapters, & Popular Press

In the arena of pharmaceutical drug regulation, transparency is the favoured focus of many current policy initiatives. Transparency is predominantly understood in terms of information disclosure. Requirements to register clinical trials, publish summary results, share clinical trial data, and disclose physician-industry relationships as well as rationales behind regulatory decision making are each predicated upon this idea that imparting information will both inform and deter unwanted behaviours. In this paper, I argue that understanding transparency qua disclosure has clear limitations and suggest transparency can and should serve an additional function - namely, of enabling standard setting through a more participatory, public …