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Articles 1 - 21 of 21
Full-Text Articles in Law
Tension And Reconciliation In Canadian Contract Law Casebooks, David Sandomierski
Tension And Reconciliation In Canadian Contract Law Casebooks, David Sandomierski
Osgoode Hall Law Journal
Canadian common law contract law casebooks are beset with a tension. On the one hand, they all reveal a sustained commitment to the “wholesale assault on the jurisprudence of forms, concepts, and rules” that typifies American Legal Realism and its intellectual descendants. Concern with underlying values, functional reasoning, social realities, and policy thinking pervades the explicit messages of Canadian contract law casebooks and their editors’ related writings. On the other hand, the two casebooks most frequently assigned embody an allegiance to rules and courts that has a close kinship with the classical attitudes purportedly rejected. They convey a monolithic image …
Social Enterprise, Law & Legal Education, Lorne Sossin, Devon Kapoor
Social Enterprise, Law & Legal Education, Lorne Sossin, Devon Kapoor
Osgoode Hall Law Journal
This article examines the relationship between law and social enterprise. More specifically, it explores ways in which the law and the law school can serve to refine and promote the development of social enterprise. The article begins by canvassing the existing conceptions of social enterprise to provide a basis for understanding and to identify points of access for legal intervention. At the end of this analysis, we arrive at a working definition of social enterprise: A legal entity engaged in socially responsible economic activity for the purpose of generating revenue that is to be used to advance a social mission. …
Why I Don’T Teach Administrative Law (And Perhaps Why I Should?), Allan C. Hutchinson
Why I Don’T Teach Administrative Law (And Perhaps Why I Should?), Allan C. Hutchinson
Osgoode Hall Law Journal
This Commentary reflects upon the challenges of teaching Administrative Law today. Drawing upon the author’s own career trajectory and his commitment to a critical account of law and adjudication, the article seeks to question the foundations of both administrative law and critical theory. It offers no comprehensive or cogent plan as to what to do, but insists upon the relevance and importance of combining both legal theory and legal doctrine in a convincing pedagogical approach.
Towards A Pedagogy Of Diversity In Legal Education, Faisal Bhabha
Towards A Pedagogy Of Diversity In Legal Education, Faisal Bhabha
Osgoode Hall Law Journal
There is resounding consensus that diversity in legal education is a priority. Yet, North American law schools continue to be criticized for failing to reflect the diversity of the society that they are training lawyers to serve. This article is a project of conceptual reorientation against a backdrop of critical scholarship and empirical evidence. Parts I and II examine the past twenty years of diversity promotion in legal education, concluding that, while several advances have been made, especially in increasing numerical representation of diverse groups in law schools, the promise of meaningful diversity remains unfulfilled. Part III suggests that reforms …
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 …
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Beth Thornburg, Erik S. Knutsen, Carla Crifò, Camille Cameron
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Beth Thornburg, Erik S. Knutsen, Carla Crifò, Camille Cameron
Osgoode Hall Law Journal
This article asks whether the way in which procedure is taught has an impact on the extent and accomplishments of a scholarly community of proceduralists. Not surprisingly, we find a strong correlation between the placement of procedure as a required course in an academic context and the resulting body of scholars and scholarship. Those countries in which more civil procedure is taught as part of a university degree—and in which procedure is recognized as a legitimate academic subject—have larger scholarly communities, a larger and broader corpus of works analyzing procedural issues, and a richer web of institutional support systems that …
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 …
Thoughtful Practitioners And An Engaged Legal Community: The Impact Of The Teaching Of Procedure On The Legal Profession And On Civil Justice Reform, Janet Walker, Andrew Higgins, Thomas D. Rowe Jr., Carla Crifò
Thoughtful Practitioners And An Engaged Legal Community: The Impact Of The Teaching Of Procedure On The Legal Profession And On Civil Justice Reform, Janet Walker, Andrew Higgins, Thomas D. Rowe Jr., Carla Crifò
Osgoode Hall Law Journal
What difference does the teaching of civil procedure as an academic subject make to the practice of law, to the professional community in which lawyers practice, and to civil justice reform? In this article, proceduralists from Canada, England and Wales, the United States and Australia analyze the broader implications of teaching civil procedure as an integral feature of an academic legal education rather than as a part of vocational training. They consider ways in which the approach taken to the teaching of procedure in their legal system has influenced the evolution of the profession during a decade of increased public …
Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes
Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes
Osgoode Hall Law Journal
In response to anecdotal concerns that student enrollment in "outsider" courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of "outsider" that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …
The Law School, The Profession, And Arthurs' Humane Professionalism, Robert W. Gordon
The Law School, The Profession, And Arthurs' Humane Professionalism, Robert W. Gordon
Osgoode Hall Law Journal
No abstract provided.
The "Ambitious Modesty" Of Harry Arthurs' Humane Professionalism, Julian Webb
The "Ambitious Modesty" Of Harry Arthurs' Humane Professionalism, Julian Webb
Osgoode Hall Law Journal
This article revisits Law and Learning, the 1983 Report of the Consultative Committee on Research and Education in Law, chaired by Harry Arthurs. The Arthurs Report set an ambitious agenda which sought, through the reform of legal education and scholarship, the cultivation of a "humane professionalism." That it met with limited success reflects a number of systemic problems with legal education, and the Report's own failure to address some critical issues, notably legal pedagogy. Nevertheless, the article argues that in the context of today's increasingly complex, pluralistic, and globalized environment, the law schools need humane professionalism more than ever. It …
Power Point In Legal Education: Pedagogical Paradox-An Exploratory Study, Daved M. Muttart
Power Point In Legal Education: Pedagogical Paradox-An Exploratory Study, Daved M. Muttart
Osgoode Hall Law Journal
No abstract provided.
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.
The Best And The Brightest?: Canadian Law School Admissions, Dawna Tong, W. Wesley Pue
The Best And The Brightest?: Canadian Law School Admissions, Dawna Tong, W. Wesley Pue
Osgoode Hall Law Journal
This article assesses the admissions policies commonly employed by law faculties in common law Canada. These faculties rely heavily on admissions criteria and policies developed in the United States and, like their American counterparts, typically admit students on the basis of "index scores" produced by combining Law School Admissions Test (LSAT) performance with Undergraduate Grade Point Average (UGPA). The appropriateness of this American model to the Canadian context has never been rigorously assessed. This raises serious questions as to whether Canadian law school admissions policies serve either of their stated goals of finding the "best" students or of advancing social …
Technocentrism In The Law School: Why The Gender And Colour Of Law Remain The Same, Margaret Thornton
Technocentrism In The Law School: Why The Gender And Colour Of Law Remain The Same, Margaret Thornton
Osgoode Hall Law Journal
Despite valiant endeavours by feminist, critical race, and Queer scholars to transform the legal culture, the transformative project has been limited because of the power of corporatism, a phenomenon deemed marginal to the currently fashionable micropolitical sites of critical scholarship. However, liberal, as well as postmodern scholarship, has largely preferred to ignore the ramifications of the "new economy," which includes a marked political shift to the right, the contraction of the public sphere, the privatization of public goods, globalization, and a preoccupation with efficiency, economic rationalism, and profits. I argue that technical reasoning, or "technocentrism," has enabled corporatism to evade …
The Ellis Archives-1972 To 1981: An Early View From The Parkdale Trenches, S. Ronald Ellis
The Ellis Archives-1972 To 1981: An Early View From The Parkdale Trenches, S. Ronald Ellis
Osgoode Hall Law Journal
The author was intimately involved with PCLS from 1972 to 1981. Significant extracts from a recently uncovered, personal horde of archival materials--framed by the author's description and explication of the materials' original context--provide old perspectives on a wide range of surprisingly current issues--perspectives which the author believes readers will find still useful. The subject matter includes: the private bar's role in the ultimate success of PCLS and the clinic system; legal aid services; the bar's role in the legal aid system; the need for customized legal services in low-income communities; the role and operation of community based legal clinics; a …
Twenty-Five Years Of Dynamic Tension: The Parkdale Community Legal Services Experience, Shelley A.M. Gavigan
Twenty-Five Years Of Dynamic Tension: The Parkdale Community Legal Services Experience, Shelley A.M. Gavigan
Osgoode Hall Law Journal
Parkdale Community Legal Services has been the site of initiatives, challenges, and historic accomplishments in the areas of community-based poverty law, community organizing and law reform, and clinical legal education. In this article, the author takes the occasion of the clinic's twenty-fifth anniversary to consider some of the events and issues that shaped Parkdale's history. Drawing on a range of sources, including evaluations and reports, student writing, and scholarly publications, the author examines the issues and debates that PCLS has sparked at Osgoode Hall Law School, and some of the ground it has broken more generally in its work. The …
The Dream Is Still Alive: Twenty-Five Years Of Parkdale Community Legal Services And The Osgoode Hall Law School Intensive Program In Poverty Law, Frederick H. Zemans
The Dream Is Still Alive: Twenty-Five Years Of Parkdale Community Legal Services And The Osgoode Hall Law School Intensive Program In Poverty Law, Frederick H. Zemans
Osgoode Hall Law Journal
Over twenty-five years have passed since Parkdale Community Legal Services opened its doors in Toronto, changing the face of poverty law and clinical legal education in Ontario. This article details the formative years of the Parkdale clinic and its ongoing partnership with Osgoode Hall Law School. Despite initial opposition from the legal profession the clinic has survived, evolving into an innovative educational tool and delivery model of legal services. The clinic has become an essential component of the mixed Ontario legal aid system and a pattern for other clinics and clinical education programs in Canada. This article documents the considerations …
Legal Education: Nemesis Or Ally Of Social Movements?, Janet E. Mosher
Legal Education: Nemesis Or Ally Of Social Movements?, Janet E. Mosher
Osgoode Hall Law Journal
There is much in legal education which contributes to lawyering practices that are fundamentally at odds with the formation of social movements. These practices include the "individualization" of client problems; the reshaping of the realities of clients' lives into legal categories or boxes; the commitment to instrumentalism (that is, to securing a favourable legal result); and lawyer domination and control and the correlates of client silence and passivity. The genesis for these features of dominant lawyering practices can be traced, at least in part, to legal education. More specifically, legal education's emphasis upon doctrinal analysis, its tendency to trade upon …
Apostolat Juridique: Teaching Everyday Law In The Life Of Marie Lacoste Gérin-Lajoie (1867-1945), Nicholas Kasirer
Apostolat Juridique: Teaching Everyday Law In The Life Of Marie Lacoste Gérin-Lajoie (1867-1945), Nicholas Kasirer
Osgoode Hall Law Journal
Based on a reading of archival material stored in a convent in east-end Montreal, the author describes the career of Marie Lacoste Gérin-Lajoie, a self-trained jurist who taught and wrote about law for women in convent schools, teachers' colleges, study circles, temperance union meetings and the like over a forty-year period in Quebec at the beginning of this century. Her career as a law teacher is presented as a sign of a less visible facet of the history of legal education in Quebec-beyond the formal institutions of law teaching-that was closely tied to the home and the private world of …
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.