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The Sounds Of Silence: Charter Application When The Legislature Declines To Speak, Dianne Pothier

Dianne Pothier Collection

On first impression, the title of the Simon and Garfunkle hit classic hit "The Sounds of Silence" may seem like an oxymoron. But it does not take too much reflection to realize that silence can indeed be very expressive and therefore quite telling. While that can be true in any number of contexts, for the specific purpose of this article, I will examine only one: legislative silence. What is the legal significance of the legislature declining to speak on one particular aspect of a legal issue otherwise addressed in the legislation? More specifically, can the Charter be engaged to challenge …

Liberalism And The Charter: Freedom Of Association And The Right To Strike, Terry Sheppard

Dalhousie Journal of Legal Studies

Liberalism, for the most part, has been opposed to unions because they are perceived to be opposed to individualism and detrimental to the free market. This paper will attempt to show how union rights, and more particularly the right to strike, can be accommodated in the liberal philosophy. As a preliminary matter, some principal tenets of liberal theory are examined: ethical individualism; the concept of liberty as negative liberty; the focus on individuals rather than groups as the locus of rights; and a desire to restrain the actions of government. The paper then proceeds to use liberal philosophy to critique …

False Memory Syndrome: "The Female Malady", Erin Brady

Dalhousie Journal of Legal Studies

The theory of memory repression has been both relied on by adult survivors as evidence of sexual crimes committed against them, and endorsed by many of the higher courts in Canada, including the Supreme Court of Canada. Advocates of the false memory syndrome refute the scientific validity of repressed memories, and vigorously oppose their judicial acceptance, by contending that recovered memories of childhood abuse are more often the product of a therapeutic relationship gone wrong. An examination of the manner in which the false memory syndrome is being pleaded by defence counsel, and heard by Canadian courts, reveals that it …

Interview With Innis Christie In Dalhousie Law School: An Oral History, Ronald St. John Macdonald

Innis Christie Collection

Innis M. Christie

Born: Amherst, Nova Scotia, 8 November 1937

Legal Education: Dalhousie, Cambridge University, and Yale Law School

Areas of specialization: Labour Law, Professional Responsibility and Legal Ethics, Administrative Law

Service on the full-time faculty: 1971-

Interview: Monday, 5 December 1988, Thursday, 15 December 1988, Thursday, 21 December 1988

Justifying Employee Drug Testing: Privacy Rights Versus Business Interests, Douglas Isbister

Dalhousie Journal of Legal Studies

Mandatory drug testing in the workplace as a form of employee monitoring raises numerous questions. This paper will explore the extent to which employees can claim a right to privacy in employment situations. This will be followed by an exploration into the legal framework in which drug testing programs may be implemented. Finally, the paper will consider the competing interests of employers and employees with respect to drug testing. In the end, it will be argued that mandatory drug testing in the workplace is a justifiable form of monitoring employees, and that attempts to ban its use at this point …

Review Of Let Them Call Me Rebel: Saul Alinsky, His Life And Legacy., Robert A. Slayton

History Faculty Articles and Research

This is Slayton's review of the book "Let Them Call Me Rebel."

Vol. 73, No. 2: Table Of Contents, Denver University Law Review

Denver Law Review

No abstract provided.

Redrafting U.C.C. Section 2-207: An Economic Prescription For The Battle Of The Forms, Daniel T. Ostas, Frank P. Darr

Denver Law Review

No abstract provided.

Fidelity To The Warrant Clause: Using Magistrates, Incentives, And Telecommunications Technology To Reinvigorate Fourth Amendment Jurisprudence, Donald L. Beci

Denver Law Review

No abstract provided.

Limited Liability Company Interests As Securities: An Analysis Of Federal And State Actions Against Limited Liability Companies Under The Securities Laws, Elaine A. Welle

Denver Law Review

No abstract provided.

Origins Of A Flat Tax, Steven A. Bank

Denver Law Review

No abstract provided.

The Judges Of The United States Court Of Appeals For The Tenth Circuit, Denver University Law Review

Denver Law Review

No abstract provided.

Adminstrative Law And Procedure, Paul Enockson

Denver Law Review

No abstract provided.

Civil Rights, Paul Karlsgodt

Denver Law Review

No abstract provided.

A Note From The Editor, Kerri M. Pertcheck

Denver Law Review

No abstract provided.

Arbitration, Lisa M. Horvath

Denver Law Review

No abstract provided.

Labor Law, Young Nam

Denver Law Review

No abstract provided.

Professional Responsibility Survey: Recusal, Amy J. Shimek

Denver Law Review

No abstract provided.

Public Imperialism And Private Resistance: Progressive Possibilities Of The New Private Law, Gary Peller

Denver Law Review

No abstract provided.

Problems With The Privatization Of Heterosexuality, Mary Becker

Denver Law Review

No abstract provided.

Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine Van Stone Wezel

Denver Law Review

No abstract provided.

Meet The New Boss ..., Alan K. Chen

Denver Law Review

No abstract provided.

Vol. 73, No. 4: Full Issue, Denver University Law Review

Denver Law Review

No abstract provided.

Vol. 74, No. 1: Table Of Contents, Denver University Law Review

Denver Law Review

No abstract provided.

Child Sexual Abuse Allegations Against A Lesbian Or Gay Parent In A Custody Or Visitation Dispute: Battling The Overt And Insidious Bias Of Experts And Judges, Susan J. Becker

Denver Law Review

No abstract provided.

Higher Education, Hopwood, And Homogeneity: Preserving Affirmative Action And Diversity In A Scrutinizing Society, Kent Kostka

Denver Law Review

No abstract provided.

The Crime Of Property: Bennis V. Michigan And The Excessive Fines Clause, R. Todd Ingram

Denver Law Review

No abstract provided.

Untitled, Morgan Benton

The Messenger

No abstract provided.

Contents, Anon

Washington Law Review

No abstract provided.

Sudden Impact: The Effect Of Dolan V. City Of Tigard On Impact Fees In Washington, Joseph D. Lee

Washington Law Review

As state and federal funding for public improvements steadily declines and is outstripped by demand, municipalities are turning to impact fees to fund public projects. However, the growth of impact fees has resulted in an increasing number of legal challenges by developers and private land owners. This Comment examines the evolution of impact fees in Washington and explores the legal concerns raised by the fees in light of Dolan v. City of Tigard. The Comment concludes that some impact fee statutes satisfy Dolan's "rough proportionality" test, while others do not adequately meet the U.S. Supreme Court's requirements. Impact …