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Full-Text Articles in Law
Amorality And Humanitarianism In Immigration Law, Catherine Dauvergne
Amorality And Humanitarianism In Immigration Law, Catherine Dauvergne
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The author argues that liberalism does not provide a meaningful standard for assessing whether immigration laws are just. In the absence of a justice standard, immigration laws occupy an amoral realm. Varying strands of liberal theory about membership in society do converge around the humanitarian ideal that some people are so needy that they must be admitted on a moral basis. The humanitarian consensus, however, is unhelpful for most of the broad societal debates about immigration, and is a front for discursive cohesion without any underlying agreement. Humanitarianism is a pragmatic tool for shifting law and policy, but must be …
Interpreting The Income Tax Act - Part 1: Interpretive Doctrines, David G. Duff
Interpreting The Income Tax Act - Part 1: Interpretive Doctrines, David G. Duff
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This two-part article discusses the various doctrines to which Canadian courts have referred in interpreting the Income Tax Act, evaluates these doctrines, and proposes an alternative "pragmatic" approach that offers a more open, reasoned, and balanced method of statutory interpretation than each of the alternatives otherwise available. Part 1 of the article reviews the four main doctrines applied by Canadian courts in interpreting the Income Tax Act: strict construction, purposive interpretation, the plain meaning rule, and the words-in-total context approach. After the characteristics of each of these four doctrines have been explained, the article examines leading tax cases in which …
Interpreting The Income Tax Act - Part 2: Toward A Pragmatic Approach, David G. Duff
Interpreting The Income Tax Act - Part 2: Toward A Pragmatic Approach, David G. Duff
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Part 1 of this two-part article reviewed the four main doctrines to which Canadian courts have referred in interpreting the Income Tax Act (strict construction, purposive interpretation, the plain meaning rule, and the words-in-total-context approach) and examined leading cases in which these doctrines have been defined and applied. Part 2 of the article evaluates each of the interpretive doctrines examined in part 1 and develops, as an alternative, an explicitly "pragmatic" approach. This alternative approach builds on the words-in-total-context doctrine by interpreting the words of the Act "in their entire context," having regard to the scheme of the Act, the …
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
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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 …
British Masculinities, Canadian Lawyers, W. Wesley Pue
British Masculinities, Canadian Lawyers, W. Wesley Pue
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This paper explores the construction of early twentieth century Canadian legal professionalism as the workings-out of Britishness understood through the lenses of cultural history, cultures of imperialism, and gender relations. It provides a case study in the histories of professionalism in a settler colony.
Introduction: Looking Ahead In Canadian Law School Education, Joost Blom
Introduction: Looking Ahead In Canadian Law School Education, Joost Blom
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The author [who was then Dean] speculates on the coming decade or two in Canadian legal education.