Law Commons^™

Legal Education In Saskatchewan 1982-1988, Daniel I. Ish

Dalhousie Law Journal

My predecessor in the office of dean, Don Clark, in an article in this Journal approximately six years ago, described in his usual eloquent fashion the development of the little law school on the prairie from its genesis in 1910. In these pages I will attempt to outline some of the developments in the College of Law during my six years as dean. I intend to adopt an intuitive, first-person narrative which, I hope, will not be too self-serving in its description of the College of Law between 1982 and 1988.

Richard Chapman Weldon 1849-1925 Fact, Fiction And Enigma, Della Stanley

Dalhousie Law Journal

For most contemporary students at the Dalhousie Law School Richard Chapman Weldon is probably little more than a portrait, a name on a building, a legendary figure whose memory as "the heart and soul" of the school is passed on from year to year as part of alumni tradition. Those who may have read something of the career of the first Law Dean probably have wondered if such a reportedly exceptional man ever existed. Certainly, much has been recorded in the past which exaggerate his abilities, his successes and his characteristics. Throughout his life and in death he attracted words …

John C. Calhoun On The Guarantee Clause, John R. Vile

South Carolina Law Review

No abstract provided.

The Use Of History In Canadian Constitutional Adjudication, Frederick Vaughan

Dalhousie Law Journal

It is only in recent years that the use by judges of extrinsic materials has become an issue openly discussed in Canadian legal periodicals. Chief Justice Brian Dickson virtually occasioned a debate on the question in a public address in 1979. The Chief Justice said: ". . . the Supreme Court of Canada recently signalled an increasing receptiveness to the use of extrinsic materials in the Anti-Inflation Reference. Accordingly, I expect that we will see an increasing use by appellate courts of extrinsic evidence". Dickson gave the impression that extrinsic material was not widely used by Canadian courts prior to …

The Public Dimension In Legal Education, Mark R. Macguigan

Dalhousie Law Journal

Legal education, while always a subject of fascination to law students and professors, only periodically becomes a matter of more general interest. But that is what I believe has happened in Canada in the mid-1980s as the result of three publishing events.

Lord Of Point Grey: Larry Mackenzie Of U.B.C., Stanley B. Frost

Dalhousie Law Journal

P. B. Waite has been hugely fortunate in his subject, Norman Archibald MacRae MacKenzie, known to his intimates as "Larry". Here is a quintessential Canadian. Born in a modest Manse in Pugwash, Nova Scotia, and schooled at Pictou Academy, he then laboured for four years on a farm in Saskatchewan, survived four years in the trenches of World War I (mostly with the Nova Scotia Highlanders, emerging without a scratch, but with a Military Medal and bar, and a promised but never confirmed commission), entered Law at Dalhousie, won a Carnegie Fellowship to Harvard and then a renewal to take …

Mastery, Slavery, And Emancipation, Guyora Binder

Journal Articles

Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …

From The Great Law Of Peace To The Constitution Of The United States: A Revision Of America's Democratic Roots, Gregory Schaaf

American Indian Law Review

No abstract provided.

Positivism In The Historiography Of The Common Law, David K. Millon

Scholarly Articles

A great deal of important legal historical scholarship is doctrinal in focus, its objective being to chart the history of substantive common law rules. In this Article, Professor Millon suggests that doctrinal legal history is based implicitly on the modern positivist theory of law as a system of state-endorsed rules designed to resolve disputes in a consistent, predictable manner. He questions the validity of efforts to write the history of the premodern common law from this theoretical point of view.

Focusing on pre-seventeenth century civil cases, he finds that trial procedure seems to have allowed or even encouraged juries to …

The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson

Publications

No abstract provided.

Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson

Publications

No abstract provided.

Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes

Journal Articles

When students of legal history think of church courts, they may conjure up thoughts of some odd and obsolete tribunal about which Dickens wrote, while students of popular history may think of the people who burned Joan of Arc. In contrast, when Roman Catholics think of Church courts, they may think of tribunals which do no more than grant marriage annulments, while American Protestants may think of nothing at all. Church courts encompass the whole range of institutions used by different churches, including Jewish communities, for authoritative intervention into affairs of individual church members. Institutions of this kind have had …

Water Marketing In Wyoming, Mark Squillace

Publications

No abstract provided.

A Critical Look At Wyoming Water Law, Mark Squillace

Publications

No abstract provided.