Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Bills of Lading (1)
- Bills of lading (1)
- Critical self-reflexivity (1)
- Do no harm (1)
- Equity (1)
-
- Forum Selection (1)
- Forum selection clauses (1)
- Inclusive education (1)
- International Contracts (1)
- Judicial diversity and inclusion. principle of impartiality (1)
- Legal education (1)
- Maritim contracts (1)
- Maritime Law (1)
- Politics and ethics (1)
- Postmodernism and deconstruction (1)
- Responsibility (1)
- USA (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Normative, And Somewhere To Go? Reflections On Professional Responsibility, Richard F. Devlin Frsc
Normative, And Somewhere To Go? Reflections On Professional Responsibility, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
In this article the author offers some reflections on professional responsibility. He straddles the optimist and pessimist perspectives espousing ''pessoptimism" as a more adequate position than either extreme. The author begins by deconstructing the title of the conference in which the paper was delivered: "A New Look: A National Conference on the Legal Profession and Ethics," which took place in Calgary, in June 1994. Pursuing a middle path between the optimistic and pessimistic approaches to professional responsibility, the author outlines the parameters of his ethical vision which provides some directions for legal practice. There are three elements to his restructured …
Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Phillip A. Buhler
Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Phillip A. Buhler
Articles, Book Chapters, & Popular Press
This Article approaches the topic of forum selection from a U.S. perspective. It is reasonable to expect, however, particularly with regard to bills of lading and maritime trade, that the approach of other nations toward international contracts is, or soon will be, very similar. For the sake of simplicity, "choice of law" and "choice of forum" will be addressed together, and referred to as either "choice of forum" or "forum selection." Many contracts only specify a particular forum, while others specify only the application of a particular law. U.S. courts and international conventions have generally taken the same approach to …
When Legal Cultures Collide, Richard F. Devlin Frsc
When Legal Cultures Collide, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
In this essay, I attempt to consider the juridical significance of the Irish hunger strike of 1981. I focus on this almost unreal, but tragically too real, 'event' for two reasons. First, on the basis of the rereading or representation that I offer in this essay, the hunger strike provides an opportunity to reflect upon what is perhaps the most enduring and intractable question of social theory: the relationship between structure and agency. Specifically, it enables us to critically interrogate the aspirations and assumptions of a colonial legal structure and the agentic resistance of the juridically colonized. The second reason …
We Can't Go On Together With Suspicious Minds: Judicial Bias And Racialized Perspective In R V Rds, Richard F. Devlin Frsc
We Can't Go On Together With Suspicious Minds: Judicial Bias And Racialized Perspective In R V Rds, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
In recent years it has been recognized that the Canadian judiciary has been drawn from only a relatively small cross section of the community, specifically privileged white males. As a result there have been calls for, and some action in pursuit of, appointment processes that are designed to diversify the bench in order to render it more inclusive. Gender and race are the two primary categories that are invoked as the benchmarks of diversity. While it would appear that numerically there seems to be some very modest progress towards the goal of achieving a more inclusive judiciary, significant qualitative, institutional …
Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Phillip A. Buhler
Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Phillip A. Buhler
Articles, Book Chapters, & Popular Press
This Article approaches the topic of forum selection from a U.S. perspective. It is reasonable to expect, however, particularly with regard to bills of lading and maritime trade, that the approach of other nations toward international contracts is, or soon will be, very similar. For the sake of simplicity, "choice of law" and "choice of forum" will be addressed together, and referred to as either "choice of forum" or "forum selection." Many contracts only specify a particular forum, while others specify only the application of a particular law. U.S. courts and international conventions have generally taken the same approach to …
Some Thoughts On A More Humanist And Equitable Legal Education, A. Wayne Mackay
Some Thoughts On A More Humanist And Equitable Legal Education, A. Wayne Mackay
Articles, Book Chapters, & Popular Press
This article starts with the premise that all teaching is a communication of values between student and teacher. An important challenge in confronting law is making it more inclusive and equitable. A critical step in this process is first recognizing one's own biases. Only then will genuine dialogue about the inherent biases in the legal profession and in law schools be possible. Making law schools more inclusive entails not only superficial changes, but an examination of what is taught, how it is taught and how students are evaluated.