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Articles 1 - 14 of 14
Full-Text Articles in Legal Writing and Research
Introduction, Kim Brooks, Jamie Irvine
Introduction, Kim Brooks, Jamie Irvine
Dalhousie Law Journal
The dream for the Dalhousie Law Journal, included in the Foreword of the Journal’s first issue in 1973, was typically Dalhousie-modest: to have a “long and reasonably useful career.”1 As we celebrate our 50th anniversary, it’s clear that we have delivered on duration and over-delivered on purpose.
Law Society Regulation And The Lawyer-Academic, Andrew Flavelle Martin
Law Society Regulation And The Lawyer-Academic, Andrew Flavelle Martin
Dalhousie Law Journal
Can, and should, law societies regulate and discipline lawyers for their teaching and research? This article explores these largely overlooked but critically important questions in order to establish a foundation for further debate and discussion by lawyers, legislators, and law societies. It argues that professionalism precludes only low-value teaching and research—teaching and research with little pedagogical or epistemic value such that it is unlikely or unworthy to be protected by academic freedom—and that any chilling effect on lawyer-academics comes as much from uncertainty as from actual danger of regulatory consequences. The author concludes that law societies and other stakeholders should …
Oscola, The Oxford Standard For Citation Of Legal Authorities, John Kleefeld
Oscola, The Oxford Standard For Citation Of Legal Authorities, John Kleefeld
Dalhousie Law Journal
With the publication of the fourth edition of OSCOLA (the first being in 2000), the Oscolites, if I may adopt such a term, have issued an implicit challenge to other contenders in the world of legal citation. I suggest that the challenge has four prongs. The first aims at what may be called the "hegemony of uniformity."' The second, at a tendency to what Judge Posner has declaimed as "hypertrophy" in the size of legal citation manuals. The third, at barriers to accessing such manuals. And the fourth prong, gentler and more tentative than the other three, at the notion …
C. English, Ed., Essays In The History Of Canadian Law, Volume Ix: Two Islands: Newfoundland And Prince Edward Island, R Blake Brown
C. English, Ed., Essays In The History Of Canadian Law, Volume Ix: Two Islands: Newfoundland And Prince Edward Island, R Blake Brown
Dalhousie Law Journal
The Osgoode Society for Canadian Legal History has played a vital role in encouraging legal history research in Canada, and one of its most important programs has been the Essays in the History of Canadian Law series. Canada lacks a legal history journal, but since 1981 the Osgoode Society has provided an opportunity for scholars to publish their work in one of its collections. Two Islands is the ninth such edited volume by the Osgoode Society that bears the title Essays in the History of Canadian Law. The first two volumes, published in 1981 and 1983, were general collections containing …
On Letters Of Reference As Frames Of Reference, Roderick A. Macdonald, Alexandra Law
On Letters Of Reference As Frames Of Reference, Roderick A. Macdonald, Alexandra Law
Dalhousie Law Journal
Requesting, writing and reading letters of reference are everyday features of academic life. Yet they are neglected as a matter of professorial training and their pedagogical importance is rarely acknowledged. This paper reviews various practical aspects of the reference process, with emphasis on its politics and ethics. It argues that letters of reference frame the lived experience of candidate, writer, reader and community-both for the present and the future.
Preface, Philip Girard
Preface, Philip Girard
Dalhousie Law Journal
The foreword to the first issue of the Dalhousie Law Journal (September 1973) stated that the editors commenced the enterprise "without lofty pretensions." If the newjournal' s existence served "to encourage creative research and writing among law teachers, among students, and generally among the legal profession and related disciplines, that may be justification." The editors nonetheless concluded with a lofty enough mission statement: "we shall be endeavouring to produce a stimulating journal exemplifying those qualities that most people would characterize as scholarly, among them thoroughness, precision of thought, independence of judgment." The Editorial Board believes that the Journal has fulfilled …
A Computer-Assisted Legal Research And Writing Course, Jocelyn Downie, Michael Deturbide, Laura Fraser
A Computer-Assisted Legal Research And Writing Course, Jocelyn Downie, Michael Deturbide, Laura Fraser
Dalhousie Law Journal
In this paper, the authors describe and assess their experience with the use of WebCT (a computer program that facilitates the creation and management of courses using the Internet) in the Dalhousie Legal Research and Writing Program. They explain what WebCT is, why they decided to use it, and how they used it. They assess its inaugural use and conclude that, despite some difficulties, the pilot project was a success and WebCT can be a useful tool for other teachers of legal research and writing.
Did She Mention My Name?: Citation Of Academic Authority By The Supreme Court Of Canada, 1985-1990, Vaughan Black, Nicholas Richter
Did She Mention My Name?: Citation Of Academic Authority By The Supreme Court Of Canada, 1985-1990, Vaughan Black, Nicholas Richter
Dalhousie Law Journal
Readers of court judgments will have observed that in the course of expressing reasons for the decisions they reach, judges commonly refer to books and articles written by academics. This is not surprising. Many scholarly publications contain information, arguments and opinions pertinent to the choices that judges must make, and lawyers commonly refer to such works in the written and oral arguments they present to courts. We would therefore expect the judges who must assess and respond to such arguments to make mention of that scholarly material. Moreover a certain portion of academic writing-in particular, a preponderance of law review …
Legal Research In A Social Science Setting: The Problem Of Method, T Brettel Dawson
Legal Research In A Social Science Setting: The Problem Of Method, T Brettel Dawson
Dalhousie Law Journal
As part of its ongoing process of curriculum development, the Department of Law at Carleton University decided in 1988 that a compulsory course in legal research methods was long overdue in the B.A. Honours degree in Law. Fortified with interest nurtured by methodological debates in feminist scholarship,' experience devilling' for a barrister pending my call to the bar, and practice from instructing a course in legal research and writing while a graduate student, I set about developing the proposed course. No guidelines existed for such a course, beyond the logic that it should complement the socio-legal or legal studies focus …
Research In A Changing World Of Law And Technology, Morris L. Cohen
Research In A Changing World Of Law And Technology, Morris L. Cohen
Dalhousie Law Journal
As a long-time friend and admirer of legal education at Dalhousie, it is an honor and a pleasure for me to offer the Read lecture this year. It is particularly warming to have Mrs. Read and the next two generations of Reads here today, since Dean Read was the strongest proponent of the law library's development during his deanship here. One of the designated topics for these lectures has been legal education. With the dedication of the addition to the Weldon Building housing the restored Sir James Dunn Law Library, and the designation of a librarian, for the first time, …
The Public Dimension In Legal Education, Mark R. Macguigan
The Public Dimension In Legal Education, Mark R. Macguigan
Dalhousie Law Journal
Legal education, while always a subject of fascination to law students and professors, only periodically becomes a matter of more general interest. But that is what I believe has happened in Canada in the mid-1980s as the result of three publishing events.
A Critique Of Lee Loevinger's "Jurimetrics - The Next Step Forward", Bruce Macleod Thompson
A Critique Of Lee Loevinger's "Jurimetrics - The Next Step Forward", Bruce Macleod Thompson
Dalhousie Law Journal
In my days as an undergraduate studying history at Mount Allison, a professor from one of the large American universities visited the campus and told us of "Operation Ben Franklin". A group of eminent historians were engaged in a project whose aim was to electronically re-create the great statesman using the scientific method. Using primary sources such as diaries, letters and documents, and secondary sources such as printed books and journals, in short all available data, the group with the aid of computers was collecting and dissecting Franklin's writings. The goal was to produce each step his mind took in …
Cook, Oliphant And Yntema: The Scientific Wing Of American Legal Realism, S. N. Verdun-Jones
Cook, Oliphant And Yntema: The Scientific Wing Of American Legal Realism, S. N. Verdun-Jones
Dalhousie Law Journal
For many years I have been asking myself the question: In what way or ways is it possible to study law scientifically? This has, naturally, led to an examination both into the nature of scientific knowledge, more especially in those fields in which scientific study has won its greatest successes- such as physics, chemistry, astronomy- and into the possibilities of developing similar bodies of knowledge in the field of what are commonly called the social sciences. W. W. Cook.' Walter Wheeler Cook, Herman Oliphant, and Hessel Yntema formed a distinctly homogeneous trio among the widely divergent band of legal scholars …
The Law Of Citation And Citation Of Law, Chin-Shih Tang
The Law Of Citation And Citation Of Law, Chin-Shih Tang
Dalhousie Law Journal
Legal citation is based primarily upon the writing habits of a particular profession - lawyers. In all its form, it is mostly a matter of convention, sometimes learned, always untaught. As one of the technical subjects in law, it may well be the most difficult topic in legal research and writing. This is partly because its method tends to concern more with adopted convention than with the abstraction of principles governing the intricacies of citation. Partly it is because there are more precedents for the adoption of a specific convention than there is for the law of citation itself. The …