Digital Commons Network^™

Rights Without Meaning - Failing To Give Effect To The Purpose Of Section 15(1) Of The Charter, Laura Fraser

Dalhousie Journal of Legal Studies

The recent Supreme Court of Canada decision in Egan v. Canada has resulted in significant controversy and unanswered questions surrounding the status of homosexual couples. Egan has also raised doubts as to the status of the Canadian Charter of Rights and Freedoms section 15(1) analysis first announced in Andrews v. Law Society of British Columbia and later expanded in R. v. Turpin. Egan was released concurrently with Miron v. Trudel and Thibaudeau v. Canada. All three cases in the trilogy dealt with alleged breaches of section 15(1). Because of the peculiar combination of Supreme Court Justices who supported the new …

Science At The Bar: Law, Science And Technology In America, Heather C. Devine

Dalhousie Journal of Legal Studies

Book review of Science at the Bar: Law, Science and Technology in America by Sheila Jasanoff and published by Harvard University Press (Cambridge), 1995. (285 pp.)

Environmental Harm: Civil Actions And Compensation, Duaine W. Simms

Dalhousie Journal of Legal Studies

Book review of Environmental Harm: Civil Actions and Compensation by Mario D. Faieta et al. and published by Butterworths (Markham, Ont.), 1996. (554 pp.)

Needing Closure On Disclosure: The Application Of R. V. Stinchcombe In Human Rights Proceedings, Vincent Kazmierski

Dalhousie Journal of Legal Studies

Human rights commissions were first introduced in this country as an alternative mechanism to address complaints of discrimination. From the outset, human rights proceedings were designed to operate differently than criminal proceedings. While criminal courts assess the guilt or innocence of an accused using the reasonable doubt standard of proof, boards of inquiry assess evidence according to the balance of probabilities. Moreover, the boards of inquiry are mandated to compensate the victims of discrimination, and not necessarily to punish the discriminators. Despite these differences, boards of inquiry and courts alike have started, in recent years, to compare criminal and human …

Was Slavery Unconstitutional Before The Thirteenth Amendment? Lysander Spooner’S Theory Of Interpretation, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In 1843, radical abolitionist William Lloyd Garrison called the Constitution of the United States, "a covenant with death and an agreement with hell." Why? Because it sanctioned slavery, one of the greatest crimes that one person can commit against another. Slavery was thought by abolitionists to be a violation of the natural rights of man so fundamental that, as Lincoln once remarked: "If slavery were not wrong, nothing is wrong." Yet the original U.S. Constitution was widely thought to have sanctioned this crime. Even today, many still believe that, until the ratification of the Thirteenth Amendment prohibiting involuntary servitude, slavery …

Origin And Spread Of Syphilis, Jun Hong

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Sports Aggression| An Ethical Perspective, Robert Greene

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

From Cotton Curtain To Iron Curtain| Black Americans' Reaction To The Hungarian Crisis Of 1956 And 1957, Rachel A. Wonder

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Clearing The Country| A History Of The Hudson's Bay Company's Fur Desert Policy, Jennifer Susan Ott

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

(De)Presenting The Self| Milan Kundera's Deconstruction Of The Public Persona Through Paradox, Paula S. Delbonis-Platt

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Santa Clara Experiment: A New Fee-Generating Model For Clinical Legal Education, Patricia Pierce, Kathleen Ridolfi

Clinical Law Review

Santa Clara University's Law Clinic was established over twenty-five years ago. From January 1995 through May 1996, we experimented with a fee-generating model at the Clinic which consisted of an employment law project operating in conjunction with the criminal defense clinic already in place. Our results exceeded our expectations and offer an encouraging new model for a clinical program that can generate substantial fees without compromising the goals and values of clinical educators. In recent years a lively and often heated debate has arisen in clinical scholarship about the feasibility and utility of implementing fee-generating legal clinics. This debate has …

Externship Site Inspections: Fitting Well-Rounded Programs Into The Four Corners Of The Aba Guidelines, William Wesley Patton

Clinical Law Review

Robert Seibel and Linda Morton recently charted the demographics of externship programs. They lauded "the incredible diversity of programs which currently exist," but warned that the American Bar Association's (ABA) "micromanagement" regulatory approach which focuses on "content review" rather than addressing "institutional support" will serve as a decrement rather than an enhancement of externship programs. This is a companion essay which focuses not on who we are, but rather on whom the ABA wants us to be and the methods employed during site inspections to insure uniformity. The empirical base was developed through an August 8, 1995 survey sent to …

Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin

Clinical Law Review

From the beginning of its resurgence in the 1960s, the clinical movement in American legal education has been driven by a kind of "academic" perspective. Emphasizing the necessary relationship between theory and practice, the central role of ideas in the development of behavioral competence, and the importance of the intellectual dimension of professional socialization, this perspective has shaped not only the intellectual content of most American clinical legal education, but also its programmatic structure. Academic clinical instruction is characterized by a commitment to supervision by full-time law faculty, on cases selected principally for their educational value, based in law offices …

Using "Difference Analysis" To Teach Problem-Solving, Kimberly E. O'Leary

Clinical Law Review

One of the most important contributions of the critical legal scholarship movement has been its recognition of the fundamental importance of perspective in understanding the law. In a related phenomenon, a number of law professors have begun the work of widening the perspectives that are considered in the law school classroom. Nonetheless, law professors have not fully integrated "difference analysis" into paradigms of problem-solving on behalf of clients. This article will explore how law professors, and especially clinical law professors, can better integrate "difference analysis" into teaching law students the central skill of problem-solving. The primary purpose of teaching students …

Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds

William & Mary Law Review

No abstract provided.

"Of Deaths Put On By Cunning And Forced Cause": Reality Bites The Tobacco Industry, Paul A. Lebel

William & Mary Law Review

No abstract provided.

Of Pitcairn's Island And American Constitutional Theory, Dan T. Coenen

William & Mary Law Review

No abstract provided.

Chadris, Inc. V. Latsis And The Test For Seaman Status: The Supreme Court Muddies The Waters Again, Anne Norris Graham

William & Mary Law Review

No abstract provided.

What's Guilt (Or Deterrence) Got To Do With It?: The Death Penalty, Ritual, And Mimetic Violence, Donald L. Beschle

William & Mary Law Review

No abstract provided.

Mirabile Dictu: The Bryn Mawr College Library Newsletter 1 (1997), Bryn Mawr College Library

Mirabile Dictu: Newsletter of the Bryn Mawr College Libraries

No abstract provided.

The Triumph Of Timing: Raines V. Byrd And The Modern Supreme Court's Attempt To Control Constitutional Confrontations, Neal Devins, Michael A. Fitts

Faculty Publications

No abstract provided.

On Difference And Equality, Cynthia V. Ward

Faculty Publications

No abstract provided.

Section 10(B) And The Vagaries Of Federal Common Law: The Merits Of Codifying The Private Cause Of Action Under A Structuralist Approach, Edward A. Fallone

Faculty Publications

Few issues in the field of securities law have proved as controversial as the legitimacy and proper application of the implied private cause of action for securities fraud under Section 10(b) of the Securities Exchange Act of 1934 and its regulatory counterpart, Rule 10b-5. The Private Securities Litigation Reform Act of 1995 was expected by many observers to bring about sweeping changes in the implied private cause of action, which critics charge has been abused by overzealous litigants bringing frivolous lawsuits. In his timely article, Professor Fallone argues that most of the Private Securities Litigation Reform Act's changes to the …

Restating Capitalization Standards And Rules: The Case For "Rough Justice" Regulations (Part One), John W. Lee, Eldridge Blanton, Veena Luthra, Glenn Walberg, Darryl Whitesell

Faculty Publications

No abstract provided.

Commenting On "Purpose" In The Uniform Commercial Code, Peter A. Alces, David Frisch

Faculty Publications

No abstract provided.

Corporate Philanthropy, Executives' Pet Charities And The Agency Problem, Jayne W. Barnard

Faculty Publications

No abstract provided.

The End Of Busing?, Davison M. Douglas

Faculty Publications

No abstract provided.

Immigration - Refugee Act Of 1980 - Resistance To Female Circumcision As Grounds For Political Asylum In The United States, Linda A. Malone

Faculty Publications

No abstract provided.

A Renaissance Death For Medieval Theater: Reconstructing Stage Directions In The Plays Of Marguerite De Navarre, George Hoffmann

Quidditas

Vladimir: This is Awful!

Estragon: Sing something.

Vladimir: No, no!

—Beckett

The Logic Of Declining Participation, Jason William Beutler

Sigma: Journal of Political and International Studies

No abstract provided.