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Articles 1 - 9 of 9
Full-Text Articles in Law
Breach Of Contract?: The New Economy, Access To Justice And The Ethical Responsibilities Of The Legal Profession, Richard Devlin
Breach Of Contract?: The New Economy, Access To Justice And The Ethical Responsibilities Of The Legal Profession, Richard Devlin
Dalhousie Law Journal
In the last several years, there has been a growing awareness within the legal profession that access to justice, that is, to legal advice and representation, is becoming increasingly difficult. Nowhere is this more obvious than in the cuts to legal aid programmes. The author argues that the response of the legal profession is inadequate because it remains trapped in a welfarist paradigm of legal aid that is insensitive to the impact of the new economy and the newly emergent social investment state. The author explores the possibility of an alternative response - the adoption of a mandatory pro bono …
Amending Authors And Constitutional Discourse, Barbara Darby
Amending Authors And Constitutional Discourse, Barbara Darby
Dalhousie Law Journal
The author surveys various theories related to the concept of constitutional amendment, reviewing the importance of the notion of authorship to the amending process, and the related theories about constitutional legitimacy and judicial activism. In seeking an alternative conceptualization of authorship that is applicable to constitutional amendment, she reviews Michel Foucault's essay on authorship, and specifically his notion of the transdiscursive author who originates a "return" to an original text, which she presents as a useful context in which to read the constitutional amendment process. Constitutional discourse, using Foucault's approach to discourse, occupies a significant cultural and social position. She …
Australasian Law And Canadian Statutes In The Nineteenth Century: A Study Of The Movement Of Colonial Legislation Between Jurisdictions, Jeremy Finn
Dalhousie Law Journal
This paper considers the use between 1850 and 1900 by Anglo-Canadian legislatures of legislative precedents from the Australian and New Zealand colonies and argues that while a wide range of Australasian laws were considered by Canadian legislators, the most significant Australasian influences are to be found in mining law, electoral and constitutional law and land law The paper goes on to explore, by use of archival, parliamentary and published materials, the processes by which Canadian legislators acquired their knowledge of these Australasian initiatives. While governmental and institutional channels (including the Colonial Office) played a significant part in the transmission of …
After The Revolution: Being Pragmatic And Functional In Canada's Trial Courts And Courts Of Appeal, William Lahey, Diana Ginn
After The Revolution: Being Pragmatic And Functional In Canada's Trial Courts And Courts Of Appeal, William Lahey, Diana Ginn
Dalhousie Law Journal
In a 1998 decision, Pushpanathan v Canada, the Supreme Court of Canada synthesized and revised the previous jurisprudence on "pragmatic and functional analysis" - the approach used since the late 1980's to determine the appropriate standard of deference in substantive review of administrative decision making. The next year, in Baker v. Canada, the Court expanded the reach of the pragmatic and functional analysis by applying it to the exercise of administrative discretion. This paper examines approximately 275 lower court decisions to determine how courts across Canada are responding to and implementing the doctrinal change initiated by the Supreme Court. Patterns …
Need Intellectual Property Be Everywhere? Against Ubiquity And Uniformity, David Vaver
Need Intellectual Property Be Everywhere? Against Ubiquity And Uniformity, David Vaver
Dalhousie Law Journal
Intellectual property is more prevalent in every corner of our working and leisure lives. International pressure, through both bilateral treaties and multilateral treaties is causing intellectual property law to standardize at high levels throughout the world. Legal standardization may be beneficial in general but is not so for intellectual property in either the developed or the developing world. The law in developed countries is currently incoherent and itself requires major reconsideration. The imposition of such a defective law on the developing world is helpful to neither side. The paper argues that current intensification and harmonization trends are therefore undesirable, and …
Reconceptualizing Professional Responsibility: Incorporating Equality, Rosemary Cairns Way
Reconceptualizing Professional Responsibility: Incorporating Equality, Rosemary Cairns Way
Dalhousie Law Journal
Are legal professionals concerned with "doing good" or just with "doing well" financially? In an age of increasing and intensifying public scrutiny there is a need to examine and challenge the legal profession's conception of professional responsibility, and how it translates into practice. This paper expresses the concern that the profession has moved too far in the direction of a "billable hours" culture, a culture that is falling short of the legal profession's obligation as a self-regulated entity to consider and acknowledge the public interest at all points. The author calls for a broader conception of professionalism, one that encompasses …
The Law Of Options, Keith Evans
The Law Of Options, Keith Evans
Dalhousie Law Journal
Little attention is devoted to the law of options in major Canadian texts on contract law or in periodical literature. One might, therefore, assume that the law in this area is well settled and that few major cases come before the courts. However, a review of appellate decisions in Canada indicates significant judicial interest in the topic which would challenge those assumptions. In fact, appellate courts in various common law jurisdictions continue to struggle with many doctrinal issues related to this specialized type of contract. This article provides a comprehensive review of the law of options in Canada, and identifies …
Welcomed Participants' Or 'Environmental Vigilantes'? The Cepa Environmental Protection Action And The Role Of Citizen Suits In Federal Environmental Law, Marcia Valiante
Welcomed Participants' Or 'Environmental Vigilantes'? The Cepa Environmental Protection Action And The Role Of Citizen Suits In Federal Environmental Law, Marcia Valiante
Dalhousie Law Journal
In the 1999 amendments to the Canadian Environmental Protection Act, the federal government added a new citizen enforcement tool, known as an "environmental protection action." This was the first "citizen suit" provision in Canadian federal environmental law but it is unlikely to play more than a minor role in advancing enforcement of CEPA and is unlikely to be adopted in other environmental laws. This is because, despite initial interest in and commitment to citizen enforcement, the government was persuaded by industry representatives and others to significantly constrain the action and, shortly afterwards, to drop it entirely from the Species At …
From Kyoto To Marrakech; A Long Walk Through The Desert: Mirage Or Oasis?, Meinhard Doelle
From Kyoto To Marrakech; A Long Walk Through The Desert: Mirage Or Oasis?, Meinhard Doelle
Dalhousie Law Journal
This article reviews the results of four years of negotiations of the parties to the UNFCCC,3 from the Kyoto Protocol signed in 1997 to the Marrakech Accords in 2001. This process was intended to provide the details and operational rules needed for parties to make decisions on whether to ratify and how to implement the Kyoto Protocol in time for the start of the first commitment period in 2008. The author analyzes the Marrakech Accords with respect to the Kyoto Mechanisms, reporting, verification, compliance, and developing country issues, and concludes that the Kyoto Protocol in itself is a negligible step …