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Full-Text Articles in Law

Twu Law: A Reply To Proponents Of Approval, Elaine Craig Oct 2014

Twu Law: A Reply To Proponents Of Approval, Elaine Craig

Dalhousie Law Journal

Trinity Western University has a Community Covenant that only permits sexual minorities to attend at considerable personal cost to their dignity and sense of self-worth. All student and staff applicants to TWU are required to sign this covenant, pledging not to engage in same-sex intimacy. The purpose of this article is to offer a reply to the arguments advanced by proponents of granting law society accreditation to TWUs proposed program. The paper rejects six of the central claims that proponents ofapproval have advanced. First it responds to the claim that TWU does not actually discriminate against the LGBTQ community. Second …


Slipping Between Danger, Pleasure And The Law: Thoughts On Three Recent Books Addressing Sexuality., Ummni Khan Apr 2014

Slipping Between Danger, Pleasure And The Law: Thoughts On Three Recent Books Addressing Sexuality., Ummni Khan

Dalhousie Law Journal

Sexuality is slippery. It slips, for example, between pleasure and danger, between surrender and repression, and between force (the kind that turns some of us on) and violence (the kind that terrorizes us). It can be a site of intense oppression and unwanted objectification, and also ofempowerment and affirming desirability. In this review, I address three recent books that reckon with the ambivalence of sexuality in relation to the law and regulatory practices.


Twu Law: A Reply To Proponents Of Approval, Elaine Craig Jan 2014

Twu Law: A Reply To Proponents Of Approval, Elaine Craig

Articles, Book Chapters, & Popular Press

Trinity Western University has a Community Covenant that only permits sexual minorities to attend at considerable personal cost to their dignity and sense of self-worth. All student and staff applicants to TWU are required to sign this covenant pledging not to engage in same sex intimacy. On April 11, 2014, the Law Society of British Columbia accredited TWU’s law degree program despite the university’s formal policy of exclusion on the basis of sexual orientation. Later that month, the Law Society of Upper Canada and the Nova Scotia Barristers’ Society refused to approve that same program because of concerns regarding the …


The Ethical Obligations Of Defence Counsel In Sexual Assault Cases, Elaine Craig Jan 2014

The Ethical Obligations Of Defence Counsel In Sexual Assault Cases, Elaine Craig

Articles, Book Chapters, & Popular Press

The treatment of sexual assault complainants by defence counsel has been the site of significant debate for legal ethicists. Even those with the strongest commitment to the ethics of zealous advocacy struggle with how to approach the cross-examination of sexual assault complainants. One of the most contentious issues in this debate pertains to the use of bias, stereotype and discriminatory tactics to advance one’s client’s position. This paper focuses on the professional responsibilities defence lawyers bear in sexual assault cases. Its central claim is as follows: Defence counsel are ethically obligated to restrict their carriage of a sexual assault case …