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Full-Text Articles in Law
Some Problems With Judicial Review Of Administrative Inconsistency, H. Wade Maclauchlan
Some Problems With Judicial Review Of Administrative Inconsistency, H. Wade Maclauchlan
Dalhousie Law Journal
In a 1982 law review article Professor David Mullan proposes that we adopt the identification of inconsistency as a basis for judicial review of administrative action.1 On its surface such a proposal may not seem revolutionary. The concept of precedent and rule-oriented decision-making is fundamental to common notions of justice. Arbitrariness in official action offends the rule of law. Hence to resist such a proposal may not seem at the outset a very popular task, especially if the alternative is to tolerate inconsistent administrative action. But it is not the popularity or the unpopularity of the undertaking which is troubling, …
Canadian Environmental Law In The Eighties: Problems And Perspectives, Peter Z. R. Finkle
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 …
The Unpaid Employee As Creditor: Case Comment On Homeplan Realty, Debbie Zatzman
The Unpaid Employee As Creditor: Case Comment On Homeplan Realty, Debbie Zatzman
Dalhousie Law Journal
The unpaid employee is a common phenomenon in employment law, and one which poses difficult problems of determining the available rights and remedies. Take Jean, for example, who works full-time in an office for Bill. By virtue of her employment contract, Jean earns a fixed salary at an hourly rate. Moreover, provincial statutes entitle her to vacation pay and holiday pay. Bill falls one month in arrears in paying Jean's wages, because his business is financially unstable. This adds a new dimension to the employment relationship: Jean is not only an employee, but also a creditor of Bill for wages …
Capacity To Marry In The Conflict Of Laws: Some Variations On A Theme, H. Patrick Glenn
Capacity To Marry In The Conflict Of Laws: Some Variations On A Theme, H. Patrick Glenn
Dalhousie Law Journal
Problems of matrimonial capacity in the conflict of laws have traditionally been said to be resolved through a distributive application of the two personal laws in presence - to each his or her own law.' Yet the proponents of this "dual domicile doctrine" have met strong opposition from those who would recognize a paramount interest on the part of the State wherein the marriage is to be fixed, rather than that from which the parties may have come, in determining its validity. Savigny in Germany, 2 Bartin in France, 3 Cook in the U.S.A., 4 and Cheshire5 in England have …