Law Commons^™

Lawyering And The Public Interest In The 1990s, Harold A. Mcdougall

Fordham Law Review

No abstract provided.

What We Don't Teach In Trial Advocacy: A Proposed Course In Trial Law, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

Law Faculty Developments At Calgary, 1984-1989, Margaret E. Hughes

Dalhousie Law Journal

The Calgary Law Faculty is the youngest of the Canadian Law Schools, having been established in 1976. During the period under review the Faculty tackled developmental challenges that older Canadian law schools had faced years ago in generally less stringent economic times.

Problem-Based Learning: An Alternative Approach To Legal Education, Suzanne Kurtz, Michael Wylie, Neil Gold

Dalhousie Law Journal

This paper is intended to provide legal educators with an introduction to problem-based learning. Problem-based learning has several variations and each of them will be briefly reviewed with a view to providing insights as to how the method might be used. We will underscore the pedagogical rationale for the method and place it in the context of developments in legal education generally. In addition we will describe what a teacher actually does when using a particular variation of the method.

Mélanges. Louis-Philippe Pigeon, Marcel Joyal

Dalhousie Law Journal

This is a collection of legal articles put together at the Faculty of Law, Civil Law Section, of the University of Ottawa under the direction of Professor Ernest Caparros.

Retrieving Positivism: Law As Bibliolatry, Frederick C. Decoste

Dalhousie Law Journal

Legal positivism is a curious phenomenon in both its theoretical and sociological parts. It is curious as theory because its very existence, as theory, is often questioned, and because, even when its existence is admitted, the nature of the theory, and who does and does not qualify as an adherent most often remains in dispute. It is curious sociologically because rare is the legal theoretician who forthrightly endorses positivism: positivists, it would appear, are as scarce as the formalists among whom they used to be numbered.

The National Law Programme At Mcgill: Origins, Establishment, Prospects, Roderick A. Macdonald

Dalhousie Law Journal

This article is about the history of an idea, and about the curriculum of a Faculty of Law within which that idea has been pursued for more than a century. Its purpose is to explore the intellectual origins of the current National Programme of legal education at McGill University, to review the circumstances of its establishment agd evolution over the past two decades, and to evaluate its prospects as the Faculty's sesquicentennial celebrations approach.

Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik

Dalhousie Law Journal

Legal education has been subjected to greater scrutiny in common law jurisdictions since the publication of Lawyers and the Courts in 1967.2 Most of the recent literature has addressed the issue of who received a legal education and became entitled to practise law. It has also examined how a conservative-minded profession regenerated itself, and whether it equipped new recruits with the proper tools to meet the challenges of a changing society.

The Fiercest Debate: Cecil A. Wright, The Benchers And Legal Education In Ontario 1923-1957, W R. Lederman

Dalhousie Law Journal

In the dozen years after the end of the Second World War, long-standing conflicts about the nature of education for the legal profession in Ontario became especially acute. Fortunately, climax and successful compromise came in 1957. In that year the Law Society of Upper Canada, which had controlled legal education and admission to practice from the early days of the Colony of Upper Canada, gave up its monopoly of legal education and conceded an equal position in this respect to Ontario universities willing and able to enter the field. Several were, and promptly did so. Indeed the University of Toronto …

Research In A Changing World Of Law And Technology, Morris L. Cohen

Dalhousie Law Journal

As a long-time friend and admirer of legal education at Dalhousie, it is an honor and a pleasure for me to offer the Read lecture this year. It is particularly warming to have Mrs. Read and the next two generations of Reads here today, since Dean Read was the strongest proponent of the law library's development during his deanship here. One of the designated topics for these lectures has been legal education. With the dedication of the addition to the Weldon Building housing the restored Sir James Dunn Law Library, and the designation of a librarian, for the first time, …

What Is Legal Education? And Should We Permit It To Continue In Its Present Form?, Herma Hill Kay

Georgia State University Law Review

No abstract provided.

Telling A Story About Storytelling, Andrew W. Mcthenia

Scholarly Articles

Not available.

On Strategy, Richard K. Neumann, Jr.

Fordham Law Review

No abstract provided.

Celluloid Legal Ethics: Discipline Redux (Video Review), Vincent R. Johnson

Faculty Articles

A recent addition to the field of video legal ethics is The Rest of the Story: Interviews with Two Disciplined Attorneys. Produced by Gerald Sternberg and Dyann Hafner, the film focuses on two attorneys who have been through the disciplinary process, covering how these attorneys got into trouble, what the disciplinary authorities did, and what advice the attorneys would give to other lawyers.

As an exercise in legal ethics “storytelling,” The Rest of the Story is a partial success. The second attorney on the film—who was disciplined for alcohol-related neglect of post-conviction criminal representation—is animated, engaging, and believable. He is …

Clinics And "Contextual Integration": Helping Law Students Put The Pieces Back Together Again, Eric S. Janus

Faculty Scholarship

In legal education, as in all education aimed at practice, the relationship between theory and practice is an uneasy one. William Mitchell College of Law, one of the nation’s few free-standing law schools, has traditionally placed itself squarely on the practice side of the theory/practice axis. It has aimed to produce law graduates who could walk into a law office and begin practicing law—not lawyers who would spend additional years learning the profession at someone’s elbow. In recent years, William Mitchell has begun to embrace a more academic approach to legal education. This paper suggests that the College need not, …

Commissions Of Inquiry And Public Policy In Canada, Frank Iacobucci

Dalhousie Law Journal

Most Canadians attach a great deal of importance to commissions of inquiry. When commissions of inquiry are appointed and when they report, great public attention is usually focussed on the substantive and serious issues discussed.

Plagiarism In Law School: Close Resemblance Of The Worst Kind, Robert D. Bills

Santa Clara Law Review

No abstract provided.

Book Review, William T. Pizzi

Publications

No abstract provided.

Personal Agenda In Clinical Work, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

The Teaching Of Law In France, Claudine Bloch

Dalhousie Law Journal

For a little over thirty years the teaching of law in France has conjured up the image of a vast expanse of land, the boundaries of which are continually being extended: the observer will see a succession of cultivated fields, plots of land which are constantly being tilled so that one wonders if they will ever bear a crop; but he will also see ground lying fallow which is coveted by the wealthy and the pioneers: they plough their furrows, which they then either abandon or untiringly plough even deeper or longer. These remarks, preceding the presentation of so serious …

Clinical Legal Education Through The Looking-Glass, M Kathryn Munn

Dalhousie Law Journal

This paper describes the implementation of a clinical legal education program at the University of Western Ontario. By coincidence, the paper was completed just as a major change in direction was unfolding in the program. The origin and purposes of clinical education I will leave to another occasion. Suffice it to say that my answer to the question, "does a law school need clinical education?", is a resounding "yes".

Western In The 1980'S, W B. Rayner

Dalhousie Law Journal

When one is asked to write on the development of one's faculty over a decade, the most difficult part of the task is simply to determine where to begin. After some thought, I came to the conclusion that the most appropriate starting point is the statement of the objective that appears in the "Dean's Message" contained in our Calendar. We state that our objective is "to offer students a liberal education through the critical study of legal and related materials in preparation for the private practice of law, for government service and for kindred vocations." In short, we wish to …

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.

Moving Into Management From The Outside, Lynn Wishart

Library Staff Articles

When accepting a promotion from outside the organization, the new manager must understand what is being given up and left behind, and must also realize clearly what expectations the new library holds. In the new position, the outside manager must articulate goals and find common ground with supervisors and subordinates. The take-charge period should be used for judicious decision making and intense learning.

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.

Canadian Criminal Jury Instructions, James P. Taylor

Dalhousie Law Journal

Canadian Criminal Jury Instructions ("CRIMJI") is an ambitious project. The authors, the Honourable Mr. Justice John Bouck (of the Supreme Court of British Columbia) and Professor Gerry Ferguson (of the Faculty of Law, University of Victoria) set out to provide a book that will "assist Canadian judges and Canadian lawyers in drafting and delivering a charge to a jury in a criminal case". The authors' twovolume work handily accomplishes this objective.

Health Law At The Turn Of The Century: From White Dwarf To Red Giant, George J. Annas

Faculty Scholarship

The evolution of stars is inexorable. From the form in which we currently view our own Sun, it and similar stars eventually expand as their exteriors cool to become red giants. When a red giant runs out of fuel, its exposed core will collapse to form a degenerate white dwarf and, eventually, a dead black dwarf.¹ Health law, as a discipline worthy of our attention, seems to have an opposite trajectory: from black dwarf to white dwarf, it is now on its way to becoming a red giant. The relevance of health law and the reasons for its exponentially …

What Are Professional Skills And Why Should Law Schools Teach Them?, Donald G. Gifford

Faculty Scholarship

No abstract provided.

Training Future Lawyers To Work With The Politically And Socially Subordinated: Anti-Generic Legal Education, Gerald P. López

West Virginia Law Review

No abstract provided.

Law-Givers, Story-Tellers, And Dubin’S Legal Heroes: The Emerging Dichotomy In Legal Ethics (Video Review), Vincent R. Johnson

Faculty Articles

Two camps have begun to emerge from the rich ferment in legal ethics teaching and scholarship over the last twenty years. The first group, whose members might be termed “law-givers,” consists of those who view legal ethics as chiefly concerned with the identification, transmission, and enforcement of uniform standards governing the conduct of lawyers. The second group—considerably smaller, but increasingly well-defined—might be called the “story-tellers.” The story-tellers place a higher value on persons and context than on principles and procedures, and on the cultivation of a deeper, less mechanical sense of professionalism than detailed rules can provide.

Larry Dubin’s most …