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Articles 1 - 30 of 119
Full-Text Articles in Law
Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett
Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett
Dalhousie Law Journal
Barnett v. Harrison' concerned the correctness of a trilogy of judgments of the Supreme Court of Canada which have stood for the basic proposition of contract law that a condition precedent expressed in a contract may not be waived unilaterally, notwithstanding that the condition was inserted and intended for the sole benefit of the party seeking to waive it unless the contract expressly provides such a power to waive. In the initial and leading case, Turney v. Zhilka, a contract for the purchase and sale of land was made conditional upon the property being "annexed to the village of Streetsville …
Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones
Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones
Dalhousie Law Journal
... the most important social values in the world are the things that make no sense. Thurman Arnold (1957). Like Jerome Frank, Thurman Arnold gained a large audience for his psychological realism. Indeed, his two best-selling works, The Symbols of Government (1935) and The Folklore of Capitalism (1937), were the subject of prolonged and spirited public debate. Delighting in his special brand of corrosive satire, Thurman Arnold employed the tools of psychology in a superbly witty-albeit merciless--debunking of traditional Jurisprudence. Significantly, Arnold was no mere academic commentator but an extraordinarily enthusiastic participant in public life; in the course of his …
Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna
Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna
Dalhousie Law Journal
The income tax status of damage awards in personal injury actions assumes greater importance as litigation in this area increases and the monetary value of judgments and settlements escalates. If the United States experience has any predictive value for Canadian trends, the statistics are ominous indeed. During the last decade alone, medical malpractice cases, which represent but one segment of personal injury actions, have witnessed an increase in the average quantum of damages from $62,151 to $350,000, while the total payout in New York State went from $1.4 million to $17 million.1 If, as Street had commented, ". . . …
Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna
Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna
Dalhousie Law Journal
The income tax status of damage awards in personal injury actions assumes greater importance as litigation in this area increases and the monetary value of judgments and settlements escalates. If the United States experience has any predictive value for Canadian trends, the statistics are ominous indeed. During the last decade alone, medical malpractice cases, which represent but one segment of personal injury actions, have witnessed an increase in the average quantum of damages from $62,151 to $350,000, while the total payout in New York State went from $1.4 million to $17 million.1 If, as Street had commented, ". . . …
Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett
Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett
Dalhousie Law Journal
Barnett v. Harrison' concerned the correctness of a trilogy of judgments of the Supreme Court of Canada which have stood for the basic proposition of contract law that a condition precedent expressed in a contract may not be waived unilaterally, notwithstanding that the condition was inserted and intended for the sole benefit of the party seeking to waive it unless the contract expressly provides such a power to waive. In the initial and leading case, Turney v. Zhilka, a contract for the purchase and sale of land was made conditional upon the property being "annexed to the village of Streetsville …
Doyle V. Doyle, Michael T. Hertz
The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England
The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England
Dalhousie Law Journal
It is universally accepted that in the economic battle of a strike each individual striking employee must bear the temporary loss of his income, subject to any assistance his union can give him in the form of strike pay. It is not, however, universally accepted that he should be penalized by losing his job and accrued claims to seniority and fringe benefits such as pension, severance pay, sick pay, vacations and holidays. This is particularly so in the case of a legal strike. The legal striker is, after all, merely a participant, and perhaps not even a willing participant, in …
In Defence Of Macdonald's Constitution, Eugene Forsey
In Defence Of Macdonald's Constitution, Eugene Forsey
Dalhousie Law Journal
To-night I propose to sing the praises of the Canadian Constitution of 1867. I call it "Macdonald's Constitution" for two reasons. The first is that, though of course it was the work of all the Fathers of Confederation, Macdonald, incontestably, was the chief architect. The second is that what I am concerned to defend is the basic document Macdonald left us: Macdonald's Constitution as distinct from Haldane's; Macdonald's Constitution before it was defaced and ravaged by the Judicial Committee of the British Privy Council; before it was distorted by those wicked Stepfathers of Confederation. Does it need defence? Yes. Against …
Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan
Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan
Dalhousie Law Journal
This paper will seek to present certain legal issues which have arisen before the Security Council Committee Established in Pursuance of Resolution 253 (1968) Concerning the Question of Southern Rhodesia,1 hereinafter referred to as the "Sanctions Committee". 2 After outlining briefly the nature and scope of the obligation to implement sanctions, and describing the Sanctions Committee, we shall proceed to consider the following legal issues which have arisen before the Committee: (1) The Committee's competence to make determinations as to compliance with, or breach of, sanctions obligations; (2) The Committee's competence to make recommendations to the Security Council for strengthening …
Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan
Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan
Dalhousie Law Journal
This paper will seek to present certain legal issues which have arisen before the Security Council Committee Established in Pursuance of Resolution 253 (1968) Concerning the Question of Southern Rhodesia,1 hereinafter referred to as the "Sanctions Committee". 2 After outlining briefly the nature and scope of the obligation to implement sanctions, and describing the Sanctions Committee, we shall proceed to consider the following legal issues which have arisen before the Committee: (1) The Committee's competence to make determinations as to compliance with, or breach of, sanctions obligations; (2) The Committee's competence to make recommendations to the Security Council for strengthening …
An International Criminal Code – Now?, L. C. Green
An International Criminal Code – Now?, L. C. Green
Dalhousie Law Journal
It has been suggested that the time may now be right to prepare a codification of international criminal law, either with or without a draft statute for an international criminal court. In fact, the Foundation for the Establishment of an International Criminal Court held its third Conference to this end in Bangladesh in December 1974. It must not, however, be overlooked that recent attempts by the International Civil Aviation Organization and the United Nations to establish a working enforcement procedure to deal with aerial hijacking and other forms of terrorism failed, largely because of opposition from the Arab countries and …
Problemy Sravnitel'nogo Issledovaniia Zakonodatel'stva Soiuznykh Respublik, Leon Trakman
Problemy Sravnitel'nogo Issledovaniia Zakonodatel'stva Soiuznykh Respublik, Leon Trakman
Dalhousie Law Journal
In an earlier contribution to this journal' the present writer called attention to growing interest, in the Soviet Union, in the application of the comparative method to the study of Soviet domestic law as evidenced by the appearance of two criminal law texts devoted exclusively to Belorussian and Ukrainian criminal law. The volume herein reviewed elaborates that theme and endeavours to come expressly to grips with the methodological issues implicit in analyzing a single legal system from a comparative standpoint. The impetus for studying Soviet law from a comparative perspective evidently dates from the late 1960s and owes much to …
Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan
Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan
Dalhousie Law Journal
We are moving ever more surely and deeply these days into an age of legislation. In the past, judge-made law was the dominant feature, as it was also the matrix, the fundamental and pervasive stuff, of our legal system. Statutes were scattered islands in the ocean of common law. For some time they were regarded by the courts as peculiar incursions on the system, troubling the harmony of caselaw patterns. A legislative enactment was seen, in the words of the late Chief Justice Stone, as an "alien intruder in the house of the common law." But change has come and …
Justice: An Un-Original Position, Neil Maccormick
Justice: An Un-Original Position, Neil Maccormick
Dalhousie Law Journal
Human societies are not voluntary associations. At least so far as concerns national societies and states, most human beings do not have a choice to which one they will belong, nor what shall be the law and the constitition of that to which they do belong; especially, their belonging to a given state is not conditional upon their assenting to the basic structure of its organization. Someone who is born into a given state has obviously no choice, no opportunity to stipulate conditions upon which he will accept citizenship. Choice can perhaps be exercised later, when one is an adult, …
The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England
The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England
Dalhousie Law Journal
It is universally accepted that in the economic battle of a strike each individual striking employee must bear the temporary loss of his income, subject to any assistance his union can give him in the form of strike pay. It is not, however, universally accepted that he should be penalized by losing his job and accrued claims to seniority and fringe benefits such as pension, severance pay, sick pay, vacations and holidays. This is particularly so in the case of a legal strike. The legal striker is, after all, merely a participant, and perhaps not even a willing participant, in …
Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones
Jurisprudence Washed With Cynical Acid: Thurman Arnold And The Psychological Bases Of Scientific Jurisprudence, Simon N. Verdun-Jones
Dalhousie Law Journal
... the most important social values in the world are the things that make no sense. Thurman Arnold (1957). Like Jerome Frank, Thurman Arnold gained a large audience for his psychological realism. Indeed, his two best-selling works, The Symbols of Government (1935) and The Folklore of Capitalism (1937), were the subject of prolonged and spirited public debate. Delighting in his special brand of corrosive satire, Thurman Arnold employed the tools of psychology in a superbly witty-albeit merciless--debunking of traditional Jurisprudence. Significantly, Arnold was no mere academic commentator but an extraordinarily enthusiastic participant in public life; in the course of his …
Psychiatry, The Inmate And The Law, A. W. Cragg
Psychiatry, The Inmate And The Law, A. W. Cragg
Dalhousie Law Journal
In August of 1971, the Solicitor General of Canada appointed a committee of psychiatrists to advise him on the treatment of mentally ill inmates. The committee completed its work and reported in May 1972. The report, entitled The General Program for the Development of Psychiatric Services in Federal Correctional Services in Canada1 developed in the space of sixty pages, including appendices, a general program for expanding psychiatric services and facilities in the field of corrections in Canada. In his forward to the Report, the Solicitor General, Warren Allmand, announces that he is "profoundly impressed by the recommendations made by this …
In Defence Of Macdonald's Constitution, Eugene Forsey
In Defence Of Macdonald's Constitution, Eugene Forsey
Dalhousie Law Journal
To-night I propose to sing the praises of the Canadian Constitution of 1867. I call it "Macdonald's Constitution" for two reasons. The first is that, though of course it was the work of all the Fathers of Confederation, Macdonald, incontestably, was the chief architect. The second is that what I am concerned to defend is the basic document Macdonald left us: Macdonald's Constitution as distinct from Haldane's; Macdonald's Constitution before it was defaced and ravaged by the Judicial Committee of the British Privy Council; before it was distorted by those wicked Stepfathers of Confederation. Does it need defence? Yes. Against …
Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan
Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan
Dalhousie Law Journal
This paper will seek to present certain legal issues which have arisen before the Security Council Committee Established in Pursuance of Resolution 253 (1968) Concerning the Question of Southern Rhodesia,1 hereinafter referred to as the "Sanctions Committee". 2 After outlining briefly the nature and scope of the obligation to implement sanctions, and describing the Sanctions Committee, we shall proceed to consider the following legal issues which have arisen before the Committee: (1) The Committee's competence to make determinations as to compliance with, or breach of, sanctions obligations; (2) The Committee's competence to make recommendations to the Security Council for strengthening …
An International Criminal Code – Now?, L. C. Green
An International Criminal Code – Now?, L. C. Green
Dalhousie Law Journal
It has been suggested that the time may now be right to prepare a codification of international criminal law, either with or without a draft statute for an international criminal court. In fact, the Foundation for the Establishment of an International Criminal Court held its third Conference to this end in Bangladesh in December 1974. It must not, however, be overlooked that recent attempts by the International Civil Aviation Organization and the United Nations to establish a working enforcement procedure to deal with aerial hijacking and other forms of terrorism failed, largely because of opposition from the Arab countries and …
Duress As A Defence To Murder, John Beaumont
Duress As A Defence To Murder, John Beaumont
Dalhousie Law Journal
It is perhaps not surprising that in an age which has witnessed an ever increasing amount of terrorist activity, an opportunity should arise for the courts to examine the present status of the defence of duress in the criminal law. Such an opportunity was afforded to the House of Lords recently in Director of Public Prosecutions for Northern Ireland v. Lynch.
Problemy Sravnitel'nogo Issledovaniia Zakonodatel'stva Soiuznykh Respublik, Leon Trakman
Problemy Sravnitel'nogo Issledovaniia Zakonodatel'stva Soiuznykh Respublik, Leon Trakman
Dalhousie Law Journal
In an earlier contribution to this journal' the present writer called attention to growing interest, in the Soviet Union, in the application of the comparative method to the study of Soviet domestic law as evidenced by the appearance of two criminal law texts devoted exclusively to Belorussian and Ukrainian criminal law. The volume herein reviewed elaborates that theme and endeavours to come expressly to grips with the methodological issues implicit in analyzing a single legal system from a comparative standpoint. The impetus for studying Soviet law from a comparative perspective evidently dates from the late 1960s and owes much to …
Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan
Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan
Dalhousie Law Journal
We are moving ever more surely and deeply these days into an age of legislation. In the past, judge-made law was the dominant feature, as it was also the matrix, the fundamental and pervasive stuff, of our legal system. Statutes were scattered islands in the ocean of common law. For some time they were regarded by the courts as peculiar incursions on the system, troubling the harmony of caselaw patterns. A legislative enactment was seen, in the words of the late Chief Justice Stone, as an "alien intruder in the house of the common law." But change has come and …
Justice: An Un-Original Position, Neil Maccormick
Justice: An Un-Original Position, Neil Maccormick
Dalhousie Law Journal
Human societies are not voluntary associations. At least so far as concerns national societies and states, most human beings do not have a choice to which one they will belong, nor what shall be the law and the constitition of that to which they do belong; especially, their belonging to a given state is not conditional upon their assenting to the basic structure of its organization. Someone who is born into a given state has obviously no choice, no opportunity to stipulate conditions upon which he will accept citizenship. Choice can perhaps be exercised later, when one is an adult, …
Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna
Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna
Dalhousie Law Journal
The income tax status of damage awards in personal injury actions assumes greater importance as litigation in this area increases and the monetary value of judgments and settlements escalates. If the United States experience has any predictive value for Canadian trends, the statistics are ominous indeed. During the last decade alone, medical malpractice cases, which represent but one segment of personal injury actions, have witnessed an increase in the average quantum of damages from $62,151 to $350,000, while the total payout in New York State went from $1.4 million to $17 million.1 If, as Street had commented, ". . . …
Psychiatry, The Inmate And The Law, A. W. Cragg
Psychiatry, The Inmate And The Law, A. W. Cragg
Dalhousie Law Journal
In August of 1971, the Solicitor General of Canada appointed a committee of psychiatrists to advise him on the treatment of mentally ill inmates. The committee completed its work and reported in May 1972. The report, entitled The General Program for the Development of Psychiatric Services in Federal Correctional Services in Canada1 developed in the space of sixty pages, including appendices, a general program for expanding psychiatric services and facilities in the field of corrections in Canada. In his forward to the Report, the Solicitor General, Warren Allmand, announces that he is "profoundly impressed by the recommendations made by this …
An International Criminal Code – Now?, L. C. Green
An International Criminal Code – Now?, L. C. Green
Dalhousie Law Journal
It has been suggested that the time may now be right to prepare a codification of international criminal law, either with or without a draft statute for an international criminal court. In fact, the Foundation for the Establishment of an International Criminal Court held its third Conference to this end in Bangladesh in December 1974. It must not, however, be overlooked that recent attempts by the International Civil Aviation Organization and the United Nations to establish a working enforcement procedure to deal with aerial hijacking and other forms of terrorism failed, largely because of opposition from the Arab countries and …
Duress As A Defence To Murder, John Beaumont
Duress As A Defence To Murder, John Beaumont
Dalhousie Law Journal
It is perhaps not surprising that in an age which has witnessed an ever increasing amount of terrorist activity, an opportunity should arise for the courts to examine the present status of the defence of duress in the criminal law. Such an opportunity was afforded to the House of Lords recently in Director of Public Prosecutions for Northern Ireland v. Lynch.
Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett
Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett
Dalhousie Law Journal
Barnett v. Harrison' concerned the correctness of a trilogy of judgments of the Supreme Court of Canada which have stood for the basic proposition of contract law that a condition precedent expressed in a contract may not be waived unilaterally, notwithstanding that the condition was inserted and intended for the sole benefit of the party seeking to waive it unless the contract expressly provides such a power to waive. In the initial and leading case, Turney v. Zhilka, a contract for the purchase and sale of land was made conditional upon the property being "annexed to the village of Streetsville …
Doyle V. Doyle, Michael T. Hertz