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Articles 1141 - 1161 of 1161
Full-Text Articles in Law
Anarchism: Nomos Xix, By J. Roland Pennock And John W. Chapman, Allan C. Hutchinson
Anarchism: Nomos Xix, By J. Roland Pennock And John W. Chapman, Allan C. Hutchinson
Articles & Book Chapters
No abstract provided.
The Market For Legal Services: Paraprofessionals And Specialists, Selma Colvin, David Stager, Larry Taman, Janet Yale, Frederick H. Zemans
The Market For Legal Services: Paraprofessionals And Specialists, Selma Colvin, David Stager, Larry Taman, Janet Yale, Frederick H. Zemans
All Papers
This is a working paper prepared for The Professional Organizations Committee.
Digest Of Important Canadian Cases Reported In 1977 In The Fields Of Public International Law And Conflict Of Laws, Sharon A. Williams
Digest Of Important Canadian Cases Reported In 1977 In The Fields Of Public International Law And Conflict Of Laws, Sharon A. Williams
Articles & Book Chapters
No abstract provided.
Recognition Of Provincial Divorces In Canada, Jean-Gabriel Castel
Recognition Of Provincial Divorces In Canada, Jean-Gabriel Castel
Articles & Book Chapters
At present, the federal Parliament has exclusive jurisdiction over divorce under section 91:26 of the British North America Act, 1867.However, the desirability of integrating divorce law with the aspects of family and property law already within provincial jurisdiction has prompted the suggestion in recent years that the divorce jurisdiction be transferred to the provincial legislatures. The implementation of this suggestion would require modification of sections 91 and 92 of the British North America Act, 1867 and repeal of the 1968 Divorce Act. Each province would then be free to adopt divorce legislation which would reflect the social and ethical values …
The Polish Art Treasures In Canada, 1940-60, Sharon A. Williams
The Polish Art Treasures In Canada, 1940-60, Sharon A. Williams
Articles & Book Chapters
The case of the Polish art treasures in Canada presents two important issues: the question of immunity of a foreign state's public movable property and the question of state responsibility for such property.
Digest Of Important Canadian Cases Reported In 1976 In The Fields Of Public International Law And Conflict Of Laws, Sharon A. Williams
Digest Of Important Canadian Cases Reported In 1976 In The Fields Of Public International Law And Conflict Of Laws, Sharon A. Williams
Articles & Book Chapters
No abstract provided.
Of Judges And Scholars: Reflections In A Centennial Year, Paul C. Weiler
Of Judges And Scholars: Reflections In A Centennial Year, Paul C. Weiler
Articles & Book Chapters
A strange thing happened to the Supreme Court of Canada on the way to the celebration of this, its centennial year: the public discovered that the court exists. One may also surmise that the members of the court find this novel attention to be a rather mixed blessing. The tone of popular treatments of the court has been no more complimentary than the academic studies which have lain in obscurity for years. In this essay, I shall resist the urge to add another refrain to the litany of complaints about the performance of our final court. Instead, I am tempted …
Mistakes In Contracts For The Sale Of Goods, John D. Mccamus
Mistakes In Contracts For The Sale Of Goods, John D. Mccamus
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
The Remedial Authority Of The Labour Arbitrator: Revised Judicial Version, Paul C. Weiler
The Remedial Authority Of The Labour Arbitrator: Revised Judicial Version, Paul C. Weiler
Articles & Book Chapters
A crucial problem is surfacing in contemporary labour arbitration in Canada. The crisis is occasioned by the almost exponential growth in judicial review of arbitration decisions in recent years. One finds a recurring theme in many of the cases in which the courts actually quash the decisions of arbitration boards. These cases required the exercise of remedial powers by the boards. Once an arbitrator sees a violation of one of the terms and obligations of the collective agreement he must decide what, if anything, to do about it. In recent years our judges, especially those from Ontario, have tended to …
The Doctrine Of Frustration In The Law Of Sales, John D. Mccamus
The Doctrine Of Frustration In The Law Of Sales, John D. Mccamus
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Digest Of Important Canadian Cases Reported In 1973 In The Fields Of Public International Law And Conflict Of Laws, Jean-Gabriel Castel
Digest Of Important Canadian Cases Reported In 1973 In The Fields Of Public International Law And Conflict Of Laws, Jean-Gabriel Castel
Articles & Book Chapters
No abstract provided.
Clinical Legal Education And Legal Aid - The Canadian Experience, Frederick H. Zemans, Lester Brickman
Clinical Legal Education And Legal Aid - The Canadian Experience, Frederick H. Zemans, Lester Brickman
Articles & Book Chapters
Last fall CLEPR sponsored the first workshop of Canadian law schools devoted exclusively to the subject of clinical law training in Canada. The seminar was co-hosted by the McGill University and Osgoode Hall Law Schools and CLEPR, and was held at the Law School of McGill in Montreal, on November 29th and 30th, 1973. The workshop was organized and co-chaired by Professor Frederick H. Zemans of Osgoode Hall Law School and Professor Lester Brickman of the University of Toledo Law School, who are responsible for this report of the proceedings. A list of those attending is included at the conclusion …
The Future Of Legal Services In Canada, Larry Taman, Frederick H. Zemans
The Future Of Legal Services In Canada, Larry Taman, Frederick H. Zemans
Articles & Book Chapters
Attempting to describe the future provision of legal services to the poor and working class, this brief article canvasses the evolution of such services and defines those techniques that will evolve further. Believing the changes will transcend mere technique, it also describes any spin-off changes that touch on other areas.
Digest Of Important Canadian Cases Reported In 1972 In The Fields Of Public International Law And Conflict Of Laws, Jean-Gabriel Castel
Digest Of Important Canadian Cases Reported In 1972 In The Fields Of Public International Law And Conflict Of Laws, Jean-Gabriel Castel
Articles & Book Chapters
No abstract provided.
Rescuers And Good Samaritans, Allen M. Linden
Rescuers And Good Samaritans, Allen M. Linden
Articles & Book Chapters
In the past, tort law has displayed reluctance to impose a duty to rescue or to compensate rescuers injured during a rescue attempt. Furthermore, tort liability has been imposed upon would-be rescuers whose incompetence has led to an abortive attempt. Professor Linden argues that this reluctance to promote rescue is out-dated in modern society which espouses humanitarian ideals. The author examines Canadian and English jurisprudence to demonstrate the recent recognition of the need to encourage and compensate Good Samaritans. New tort duties to render aid, which have been fashioned by analogy to criminal legislation, are analyzed as well as the …
The Supreme Court Of Canada And The Doctrines Of Mens Rea, Paul C. Weiler
The Supreme Court Of Canada And The Doctrines Of Mens Rea, Paul C. Weiler
Articles & Book Chapters
My objective in this study is two-fold. First, I want to examine the decision-making operations of the Supreme Court in the period 1949-1969 by analyzing the reasons and votes in a sequence of related cases. Second, I want to present a critical review of the doctrinal pattern which has emerged in Canadian law in the field in which I have chosen to assess the work of the court. The family of legal problems which I have singled out involve the various excuses to criminal conviction for prohibited conduct -defences which flow from the lack of mens rea, responsibility, or blameworthiness. …
Exemption From The Jurisdiction Of Canadian Courts, Jean-Gabriel Castel
Exemption From The Jurisdiction Of Canadian Courts, Jean-Gabriel Castel
Articles & Book Chapters
This article addresses persons who claim immunity from the compulsory jurisdiction of Canadian courts.
Recognition And Enforcement Of Foreign Judgments In Personam And In Rem In The Common Law Provinces Of Canada, Jean-Gabriel Castel
Recognition And Enforcement Of Foreign Judgments In Personam And In Rem In The Common Law Provinces Of Canada, Jean-Gabriel Castel
Articles & Book Chapters
Although it is hardly necessary to stress the advantages to international relations and international trade which may result from universal recognition and enforcement of foreign judgments, it appears that the increasing volume of international and inter- provincial trade and business has not been followed by a com- parable development of the facilities granted to creditors to recover on their claims. Each country has a tendency to protect itself against the intrusion of foreign judgments, to the prejudice of creditors in whose favour the judgments lie. The principle of territorial sovereignty is said to prevent foreign judgments from having any direct …
Regulation-Making: The Creative Opportunities Of The Inevitable, Harry W. Arthurs
Regulation-Making: The Creative Opportunities Of The Inevitable, Harry W. Arthurs
Articles & Book Chapters
The lawmaking process has diffused substantially in the past years, resulting in an increasing maze of departmental subordinate legislation. This phenomenon has not been accompanied by a parallel development of controls resulting in complaints about "bureaucracy", red-tape, inaccessability, and poor draftsmanship, and in demands for review and control. Professor Arthurs recognizes the practical inevitability of the system, but discusses the present situation critically, suggesting reforms which might help to make the regulatory process more compatible with "participatory democracy".
Procedure And The Conflict Of Laws, Jean-Gabriel Castel
Procedure And The Conflict Of Laws, Jean-Gabriel Castel
Articles & Book Chapters
The enforcement of a validly acquired foreign or domestic right is a matter of procedure governed by the lex fori. A Canadian court always applies its own procedural rules to a case involving a foreign element pending before it even though the merits of the controversy .are governed by some foreign law. Never will the court apply a foreign rule that is procedural. The court in which the action is pending cannot be expected to submit to foreign procedural rules. It must conduct the proceedings according to its own rules. Although it may be bound to apply foreign law, this …
Industrial Unrest In Canada: A Diagnosis Of Recent Experience, J. H. G. Crispo, Harry W. Arthurs
Industrial Unrest In Canada: A Diagnosis Of Recent Experience, J. H. G. Crispo, Harry W. Arthurs
Articles & Book Chapters
To diagnose the recent wave of industrial unrest in Canada, it is first of all necessary to indentify its characteristics. The two major dimensions of this phenomenon concern the source of union militancy and its illegal manifestations.