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Full-Text Articles in Law

What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan Apr 1998

What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan

Dalhousie Law Journal

Lawyers hanker after authority. Whether it be in enforcing the law or justifying law's institutional power, there is an almost desperate yearning to establish and maintain the legitimacy of law and, therefore, of themselves, in a social world in which the whole notion of authority is challenged and undermined. When it comes to matters of legal interpretation, jurists and judges still crave some method that will ground or trace back an interpretation to a foundational or ultimate source that can confer authority on one particular interpretation over another. However, recent jurisprudential debate has done fatal damage to the notion that …


Bad Attitude/S On Trial, Carl Stychin Apr 1998

Bad Attitude/S On Trial, Carl Stychin

Dalhousie Law Journal

Bad Attitude/s on Trial presents a "critical analysis of pornography in the context of contemporary Canada,"' with a particular focus on the impact of the Supreme Court of Canada's decision in R. v. Butler,2 and its reformulation of the basis of obscenity law. The book is co-written by four Canadian academics: Brenda Cossman, Shannon Bell, Lise Gotell, and Becki L. Ross. Each has contributed a separate section of the book, along with an introduction by Cossman and Bell. The result is a vital, theoretically sophisticated addition to the literature on pornography; a vivid documentation of the impact of obscenity law …


No Dichotomies: Reflections On Equality Forafrican Canadians In R. V. R.D.S., April Burey Apr 1998

No Dichotomies: Reflections On Equality Forafrican Canadians In R. V. R.D.S., April Burey

Dalhousie Law Journal

The contrasts, in form and substance, were stark. In form, I was a black woman in a wheelchair, pleading before an all-white, able-bodied and almost all-male Supreme Court of Canada. The usually empty public galleries in the Ottawa courtroom were filled with people of colour, who had come from across the country to witness the hearing of this landmark case. On their entrance, the nine white judges, dressed in their staid, black robes made an almost audible gasp as they were met with this colourfully clad, intently silent band of people of colour.