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Full-Text Articles in Law
Learning The 'How' Of The Law: Teaching Procedure And Legal Education, David Bamford, Trevor C. W. Farrow, Michael Karayanni, Erik S. Knutsen
Learning The 'How' Of The Law: Teaching Procedure And Legal Education, David Bamford, Trevor C. W. Farrow, Michael Karayanni, Erik S. Knutsen
Osgoode Hall Law Journal
This article examines the approaches to teaching civil procedure in five common law jurisdictions (Canada, Australia, United States, Israel, and England). The paper demonstrates the important transition of civil procedure from a vocational oriented subject to a rigorous intellectual study of policies, processes, and values underpinning our civil justice system, and analysis of how that system operates. The advantages and disadvantages of where civil procedure fits within the curriculum are discussed and the significant opportunities for ‘active’ learning are highlighted. The inclusion of England where civil procedure is not taught to any significant degree in the law degree provides a …
The Teaching Of Procedure Across Common Law Systems, Erik S. Knutsen, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
The Teaching Of Procedure Across Common Law Systems, Erik S. Knutsen, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
Osgoode Hall Law Journal
What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems— the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained re flection has been carried out as to the import and impact of this longstanding …
Poor Canadian Legal Education: So Near To Wall Street, So Far From God, Harry W. Arthurs
Poor Canadian Legal Education: So Near To Wall Street, So Far From God, Harry W. Arthurs
Osgoode Hall Law Journal
The recent appearance of recruiters from Wall Street firms at several Canadian law schools, and the recent hiring by American law schools of several mid-career Canadian law professors, has created a "moral panic" as journalists, academics and law firms have expressed great concern over the loss of Canada's "best and brightest" to the United States. Properly understood as part of a larger debate about globalization and regional economic integration, these developments are less important in themselves than for what they reveal about the present and future of the Canadian state, and the Canadian business community, legal profession and universities.
Cross Cultural Reflections: Teaching The Charter To Americans, Jamie Cameron
Cross Cultural Reflections: Teaching The Charter To Americans, Jamie Cameron
Osgoode Hall Law Journal
In this article, the author discusses a course in Comparative Constitutional Jurisprudence that she taught at Cornell Law School in the winter semester of 1989. She is particularly interested in the way this class of American students responded to the Supreme Court of Canada's interpretation of the Charter. She presents her reflections on differences between Canadian and American constitutional culture through a discussion of the decisions in The Motor Vehicle Reference, R. v. Morgentaler, and The French Language Case.