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Full-Text Articles in Law

Revision And Codification Of Penal Law In The United States, Herbert Wechsler Apr 1983

Revision And Codification Of Penal Law In The United States, Herbert Wechsler

Dalhousie Law Journal

I am honored by the invitation to address you and happy to join in. your tribute to the memory of Horace Read. Dean Read was a pioneer in the perception that this is d legislative age, one of the greatest legislative eras of all time. He was concerned that lawyers be equipped to deal effectively with the ever growing corpus of the statutory law and he made valuable contributions to that end. Whether the larger legislative role in the development of law that he depicted and foresaw was a phenomenon that he regarded with approval or regret, I must confess …


International Law And The Control Of Terrorism, L. C. Green Apr 1983

International Law And The Control Of Terrorism, L. C. Green

Dalhousie Law Journal

Any discussion of terrorism whether it affects the inlterests of a single country or those of more than one immediately involves problems of definition. According to the Oxford English Dictionary, for example, terrorism is defined as "1. Government by intimidation as directed and carried out by the party in power in France during the Revolution of 1789-1794; the system of the 'Terror'; 2. A policy intended to strike with terror those against whom it is adopted; the employment of methods of intimidation; the fact of terrorizing or condition of being terrorized." The English statute passed in connection with the 'troubles' …


Canadian Environmental Law In The Eighties: Problems And Perspectives, Peter Z. R. Finkle Apr 1983

Canadian Environmental Law In The Eighties: Problems And Perspectives, Peter Z. R. Finkle

Dalhousie Law Journal

Environmental law in Canada has developed slowly during the last two decades. While the rise and popularisation of the environmental movement of the sixties and early seventies did encourage the creation of a federal Department of Environment and many provincial counterparts, as well as facilitate the passage of a number of pieces of legislation, there is some question as to how substantial an impact the institutions and legislation have made on Canada society. One problem which has beset the development of adequate environmental legislation is the significant gap which has opened up between the words on paper, the "black letter …


Legal Education In Saskatchewan: The Last Ten Years, Donald H. Clark Apr 1983

Legal Education In Saskatchewan: The Last Ten Years, Donald H. Clark

Dalhousie Law Journal

It may appear immodest to note how appropriate it is that the Dalhousie Law Journal should include Saskatchewan in this survey of recent trends in Canadian legal education. Yet from an historical standpoint, the ties between the respective universities have always been strong, and the influence of native Maritimers on the development of the College of Law in Saskatoon, as my colleague Howard McConnell (himself a New Brunswicker) observes in Prairie Justice, "can hardly be overestimated".' The University's first President, Walter Murray, brought west in 1909 one of his former students at Dalhousie, Arthur Moxon, destined to become the College …


Recent Developments In Legal Education At The University Of Toronto, Frank Iacobucci Apr 1983

Recent Developments In Legal Education At The University Of Toronto, Frank Iacobucci

Dalhousie Law Journal

As has been the case in other Canadian law schools, the period of the 1970's and early 1980's has seen a number of significant changes in legal education at the Faculty of Law at the University of Toronto. These changes reflect several underlying themes. The first is that the Law School should remain committed to its strengths in the common law and traditional legal subjects. The second is that we in law schools have much to gain from other disciplines in the teaching and sLudying of lav esp6al-y r times -when -nev areas of la-, praifkularly those spawned by technological …


The University Of New Brunswick Faculty Of Law, Edward Veitch Apr 1983

The University Of New Brunswick Faculty Of Law, Edward Veitch

Dalhousie Law Journal

Approaching twenty years ago Dean Ryan Q.C. (now Mr. Justice Ryan of the Federal Court, Appeal Division) described concisely' the development of the institution from a professional training school to a University faculty within the old, established provincial University.2 He dealt successively with the make-up of the student body, the growth of the curriculum, the educational background of the teachers and mentioned the stresses and strains of growth. It is now appropriate to bring all of that information up to date. At the outset it must be observed that the transmogrification from training school to department within the academy has …


Case Comment: Burnett V. C.B.C. & Maclntyre, David O'Brien Apr 1983

Case Comment: Burnett V. C.B.C. & Maclntyre, David O'Brien

Dalhousie Law Journal

The combinations and permutations available to an audio-visual type of presentation are endless. How, then, should the established legal principles which have stood the test of time respond to a broadcast...? Are they appropriate or adequate or must we now develop modifications or even entirely new principles to be fair to all sides? - Miller J., in Lougheed v. C.B. C. (1978), 4 C.C.L.T. 287 (Alta.S.C., T.D.), at 297. The Burnett cases' had their origin in an episode of "the Maclntyre File", a public affairs programme produced by the Canadian Broadcasting Corporation (C.B.C.) and narrated by host Linden MacIntyre (MacIntyre). …


The Canadian Patient's Book Of Rights: A Consumer's Guide To Canadian Health Law, A. Bissett-Johnson Apr 1983

The Canadian Patient's Book Of Rights: A Consumer's Guide To Canadian Health Law, A. Bissett-Johnson

Dalhousie Law Journal

Well qualified lawyers rarely take time to communicate important, often vital, information to the general public about matters of law which affect their lives and their health. This attractive handbook is a welcome exception to that rule. One of Canada's best known and most experienced lawyers in the medicolegal field, Lorne Rozovsky, has written a "consumer's guide" of some 140 pages on the subject of medical and hospital patient's rights under the laws. The area of law covered is what the author calls "health law," one of the most exciting and fastest growing of legal specialization fields in both Canada …