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Full-Text Articles in Law

Labour Relations In The Academy: A Case Study At The University Of Saskatchewan, Peter Mackinnon Oct 1991

Labour Relations In The Academy: A Case Study At The University Of Saskatchewan, Peter Mackinnon

Dalhousie Law Journal

In the wake of a protracted period of faculty unrest at the University of Saskatchewan, two decisions of the province's Labour Relations Board, and an award of a sole arbitrator will have more enduring significance than the dispute that engendered them. In this paper I propose to consider this trilogy and comment on its importance in an assessment of labour relations in an academic setting.


The Origin And Evolution Of The Attorney And Solicitor In The Legal Profession Of Nova Scotia, Barry Cahill Oct 1991

The Origin And Evolution Of The Attorney And Solicitor In The Legal Profession Of Nova Scotia, Barry Cahill

Dalhousie Law Journal

D.G. Bell has observed that the torrent "of historical writing on Canadian legal education has yet to be matched by intensive study of the legal profession itself." The aim of the present paper is to demonstrate that, for eighteenth- and early nineteenth-century Nova Scotia, the development of the legal profession was so closely linked to the evolution of the superior courts, especially the Court of Chancery, that the former cannot be studied in isolation from the latter. By the time Halifax was founded in 1749, the attorney at law and solicitor in equity had not only been statutorily entrenched as …


An Essay On Institutional Responsibility: The Indigenous Blacks And Micmac Programme At Dalhousie Law School, Richard F. Devlin, A Wayne Mackay Oct 1991

An Essay On Institutional Responsibility: The Indigenous Blacks And Micmac Programme At Dalhousie Law School, Richard F. Devlin, A Wayne Mackay

Dalhousie Law Journal

Dalhousie Law School, like most other law schools, as a tribute to its graduates and as a manifestation of its traditions, adorns its walls with class photographs of years gone by. However, if one were to stop and scrutinize more carefully these pictures one might want to reconsider the tradition in a more circumspect light. Perhaps one might notice that until the nineteen sixties women were few and far between and that even now they still make up less than half of most graduating classes. More conspicuous still, is the general absence of First Nations peoples from the celebratory pageant. …


Faultless Reasoning: Reconstructing The Foundations Of Civil Responsibility In Quebec Since Codification, David Howes May 1991

Faultless Reasoning: Reconstructing The Foundations Of Civil Responsibility In Quebec Since Codification, David Howes

Dalhousie Law Journal

In The Civil Law System of the Province of Quebec, Jean-Gabriel Castel writes, To know the Quebec law of contract, it is sufficient to read the articles of the Civil Code dealing with this topic and the cases decided since its enactment. If in the common-law system it is absolutely necessary to know history to understand, for instance, the essential division between law and equity ... this is not the case in France or in Quebec. There, the civil law is logically organized, it is not the product of a historical evolution or of a long line of decided cases. …


The Faculty Of Law, University Of British Columbia 1981-90, Joost Blom May 1991

The Faculty Of Law, University Of British Columbia 1981-90, Joost Blom

Dalhousie Law Journal

It may be uninspiring to begin a sketch of the UBC Law Faculty since 1981 by talking about money, but the Faculty's financial circumstances during this period are the key to much of what follows. For about five years from 1982, the provincial government's fiscal watchword was "restraint", which so far as the universities were concerned meant, in the early years, actually cutting operating grants and, later on, keeping a fairly tight lid on them. UBC's budget fell in absolute terms for three successive years, and continued to slip in real terms for another year or two. The Law Faculty …


The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson May 1991

The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson

Dalhousie Law Journal

Brown gives an interesting and readable account of the background of the 1892 Code and its genesis in the politics of the day. His preface and six short chapters are followed by an epilogue, a short biographical note and footnotes. Chapter One deals with the ambiguity of the term "code". Clearly, the 1892 Code was not a codification in the civilian tradition as exemplified, for example, in the Napoleonic Code, nor was it even a code such as Bentham might have drafted. It was a "code" only in the loose sense in which.the word was used by English and Canadian …