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Articles 91 - 120 of 124
Full-Text Articles in Legal Education
Chinese Legal Education: A First-Hand Account By A Canadian Law Student, Bing Ho
Chinese Legal Education: A First-Hand Account By A Canadian Law Student, Bing Ho
Dalhousie Law Journal
In an article published in China's leading law journal,1 Professor Chen Shouyi, the Dean of the Department of Law at Peking University reviewed the last three decades of Chinese legal education. Tentative but steady progress was made after the founding of the Republic in 1949. During the anti-rightist campaign begun in 1957, however, legal institutions came under harsh official attack. Following that, Chinese legal education suffered setback after setback. In the period between 1959 and 1965, it was "on a continuously downward slope". 2 During this time, the Ministry of Justice was abolished, as were all subsidiary departments for the …
The Search For Competence: Implications For Academe, F. Murray Fraser
The Search For Competence: Implications For Academe, F. Murray Fraser
Dalhousie Law Journal
Professor Francis Allen states succinctly the problem which faces academic lawyers in these times of rapid and dramatic change: ... law schools in Canada and the United States are undergoing an identity crisis as they attempt to provide broad interdisciplinary and humanistic education and, at the same time, meet the demands for training in legal skills.' The problem is not new. The statement simply reflects the harsh reality of Canadian legal education: the natural tensions which result from the interdependence of university programs in law and the later processes of admission and continuing education under the jurisdiction of governing bodies. …
Law Schools Under Attack, D. A. Soberman
Law Schools Under Attack, D. A. Soberman
Dalhousie Law Journal
We are in danger of losing the creative tension in Canadian legal education, a creative tension that has made the enterprise worthwhile. Let me explain this rather large claim. The academic study of law has a long history of close association with universities of the western world. Law was a founding faculty at the University of Bologna and formed part of all the great early universities of mediaeval Europe. Despite the fact that many students in these universities today do go on to careers in law, the study of law remains an undergraduate liberal discipline for large numbers who do …
Teaching The Common Law In The French Language, Michel Bastarache
Teaching The Common Law In The French Language, Michel Bastarache
Dalhousie Law Journal
There are many difficulties associated with the setting up of a new law school; these difficulties were compounded at the Universit6 de Moncton with considerations relative to the language of instruction, the particularities of the clientele, it being relatively small and unconcentrated geographically, the lack of a legal tradition in French language communities outside of Quebec. My purpose here is not to analyse in a general way the experience of the last four years at the Universit6 de Moncton, but to consider only one aspect of this experience, the one which is the most often put to me in the …
La Facultd De Droit De I'Universitd Laval De 1970 A Nos Jours, Ivan Bernier
La Facultd De Droit De I'Universitd Laval De 1970 A Nos Jours, Ivan Bernier
Dalhousie Law Journal
La Facult6 de droit de l'Universit6 Laval, depuis le tout debut des ann6es 1970, se trouve engag6e dans une transformation en profondeur de ses structures, de son programme et de ses orientations. Trois p6riodes peuvent 8tre distingu6es dans cette 6volution r6cente. La premi6re, qui recoupe en gros les ann6es 1970-1975, concerne essentiellement les structures de l'enseignement de ler cycle. La seconde, qui s'6tend de 1975 A 1980, peut 8tre consid6r6e comme une p6riode de consolidation. Enfin la trosi~me, qui d6bute avec la nouvelle decade, en est une de remise en question de son programme et de ses orientations.
Developments In Legal Education At Mcgill, 1970-1980, J. E. C. Brierley
Developments In Legal Education At Mcgill, 1970-1980, J. E. C. Brierley
Dalhousie Law Journal
In order to trace the developments in legal education at McGill during the last decade, it is first of all necessary to recall the principal initiatives which occurred in the 1950s and 1960s. These were, in chronological order, the creation of the Institute of Air & Space Law in 1951 and the offering of higher degrees in that speciality; the creation of the Institute of Comparative Law in 1965 to give particular focus to graduate work at McGill in fields other than air and space law; and the institution, in 1968, of a programme of undergraduate study leading to the …
Legal Education In Saskatchewan: The Last Ten Years, Donald H. Clark
Legal Education In Saskatchewan: The Last Ten Years, Donald H. Clark
Dalhousie Law Journal
It may appear immodest to note how appropriate it is that the Dalhousie Law Journal should include Saskatchewan in this survey of recent trends in Canadian legal education. Yet from an historical standpoint, the ties between the respective universities have always been strong, and the influence of native Maritimers on the development of the College of Law in Saskatoon, as my colleague Howard McConnell (himself a New Brunswicker) observes in Prairie Justice, "can hardly be overestimated".' The University's first President, Walter Murray, brought west in 1909 one of his former students at Dalhousie, Arthur Moxon, destined to become the College …
Recent Developments In Legal Education At The University Of Toronto, Frank Iacobucci
Recent Developments In Legal Education At The University Of Toronto, Frank Iacobucci
Dalhousie Law Journal
As has been the case in other Canadian law schools, the period of the 1970's and early 1980's has seen a number of significant changes in legal education at the Faculty of Law at the University of Toronto. These changes reflect several underlying themes. The first is that the Law School should remain committed to its strengths in the common law and traditional legal subjects. The second is that we in law schools have much to gain from other disciplines in the teaching and sLudying of lav esp6al-y r times -when -nev areas of la-, praifkularly those spawned by technological …
Law At Western: 1968-1982, Philip Slayton
Law At Western: 1968-1982, Philip Slayton
Dalhousie Law Journal
How to assess a decade or more at a law school? Bare facts - the numbers of students and professors, growth in budgets, courses added and dropped, etc. - have the advantage of objectivity (colleagues cannot disagree even were the facts uncongenial), but will leave some important things unsaid. For example, what have been "environmental" advantages and disadvantages, and how has the School responded to them? And what has been the change in the quality of the School's endeavours; especially, has the Faculty become better? These questions -and particularly the second - are not easy to address. A law school's …
The University Of New Brunswick Faculty Of Law, Edward Veitch
The University Of New Brunswick Faculty Of Law, Edward Veitch
Dalhousie Law Journal
Approaching twenty years ago Dean Ryan Q.C. (now Mr. Justice Ryan of the Federal Court, Appeal Division) described concisely' the development of the institution from a professional training school to a University faculty within the old, established provincial University.2 He dealt successively with the make-up of the student body, the growth of the curriculum, the educational background of the teachers and mentioned the stresses and strains of growth. It is now appropriate to bring all of that information up to date. At the outset it must be observed that the transmogrification from training school to department within the academy has …
Foreword, Bora Laskin Right Honourable
Foreword, Bora Laskin Right Honourable
Dalhousie Law Journal
I am an unabashed admirer of John Willis; and I have credentials that entitle me to speak of his teaching and his writing. We were law school colleagues for some fifteen years and were close personal friends for an even longer period. We remain such close friends today. What was remarkable about John Willis was the range of his teaching. I doubt that any other full-time teacher, at a time when the curriculum was limited and structured, exhibited his command of as many. subjects. Let me list the important ones: administrative (and constitutional) law; history of English law; equity (including …
A Practical Legal Education, William E. Conklin
A Practical Legal Education, William E. Conklin
Dalhousie Law Journal
One of the central issues in regard to legal education during the past half century has been whether law faculties ought to have a theoretical or practical character. The debate has been an intense one. It has taken on many forms and grown from many diverse circumstances. Law societies periodically resurrect the issue. Professional law faculties interminably debate it. Positions are taken, factions are formed, and the unresolved outcome of the debate has left curriculum and initial assumptions relatively unchatged." This essay questions one of the most important assumptions of that debate - namely, that a practical legal education is …
The Social Costs Of Incompetence: An Educator's View, A. Wayne Mackay
The Social Costs Of Incompetence: An Educator's View, A. Wayne Mackay
Dalhousie Law Journal
After I had cut off my hands and grown new ones, something my former hands had longed for came and asked to be rocked. After my plucked out eyes had withered and new ones grown, something my former eyes had wept for came asking to be pitied. 2 The above quotation has been applied to lawyers and in particular the process of legal education. It is a distressing thought for anyone who cares about the law and considers it a worthy profession. Must people sever hands that can rock and pluck out eyes that can pity in order to become …
Law For Everyone For The Librarian, Hugh M. Kindred
Law For Everyone For The Librarian, Hugh M. Kindred
Dalhousie Law Journal
The problem raised by this subject is one of access to the law.' Encapsulated in my title, Law for Everyone For the Librarian, are three components: the law; the reader with a problem; and you, the librarian. The issue is essentially how to bring the three together, and in my judgment the librarian is the critical link. The equipment you need I have divided into four elements, which I will pose to you as questions: What are the resources? Where are they? How do you get at them? and How can you use them to the reader's benefit?
What Makes A Law School Great?, Maxwell Cohen
What Makes A Law School Great?, Maxwell Cohen
Dalhousie Law Journal
It is very humbling to try and match the amusing candor and informed wisdom of Professor Willis Reese, and so I will try to use his anecdotal insights only as a launching pad for my long repressed ambivalence about law schools and legal education. On the whole, Professor Reese comes down on the side of student brains as against the prepared onslaught of the faculty. Nothing can harm the good student and very little can be expected to help him since he often is abler than the teacher and even more often, believes it. Despite Professor Reese's affluent infrastructure - …
Law Schools And Other Reformatories, Norval Morris
Law Schools And Other Reformatories, Norval Morris
Dalhousie Law Journal
It is, of course, a great and undeserved honor for me to be offering this year's Horace E. Read Memorial Lecture. The slightest acquaintance with Dean Read's career reveals the range and quality of his contributions to the law, to the institutions of society and to legal education. It is a great pleasure to be playing a role in these annual memorial celebrations. His life is a model of service and scholarship to all who wish to live the life of the law at its higher levels and refutes those who see our profession as narrow or intellectually confined. Nevertheless, …
Canadian Law Schools: In Search Of Excellence, Leon E. Trakman
Canadian Law Schools: In Search Of Excellence, Leon E. Trakman
Dalhousie Law Journal
What makes a law school sound? credible? even excellent? Surely many things: leadership potential, good faculty and good students, a solid public image and communication. Greatness comes from knowing our own strengths and weaknesses, our institutional purposes. In short, achievement flows from how we evaluate ourself and how others evaluate us.' A law school must seek to satisfy many goals. Ideally, every legal institution should strive to excel as a facility of learning, as a bastion of intellectual fervor, as an instrument satisfying community needs. Yet each of these goals are themselves variable in kind. Teaching expertise in one legal …
Legal Education In China Today, R. St. J. Macdonald
Legal Education In China Today, R. St. J. Macdonald
Dalhousie Law Journal
Two developmerits in China since the end of the Cultural Revolution in 1976 are of particular interest to the legal profession in Canada: the revival of legal education and the reform of the legal system. Legal education in China today has entered its most exciting period since the founding of the People's Republic in 1949. During the academic year 1980-81, China's four institutes of political science and law, and law faculties at eight universities and colleges, enrolled over 2,000 new students in four more law institutes and faculties than in 1965, the year before the Cultural Revolution. The present enrollment …
What Makes A Law School Great?, Willis L. M. Reese
What Makes A Law School Great?, Willis L. M. Reese
Dalhousie Law Journal
Of course I have no idea what makes a law school great. I have never really thought about it. There is no reason why a fellow in my lowly position should think about it. You can't arrive at my age and still be reasonably healthy if you do think about it. So I don't know. Dean Ronald Macdonald said "why don't you say something about what makes a law school great?" My reaction was to shudder. I did think about if for about ten minutes on Saturday and I have come up with the most obvious thoughts, all of which …
What Makes A Law School Great?, P. B. Carter
What Makes A Law School Great?, P. B. Carter
Dalhousie Law Journal
For reasons which I find totally elusive Dean Ronald Macdonald has invited me to comment upon Professor Willis Reese's reaction to the conundrum: What makes a Law School great? Professor Reese unconvincingly prefaces his remarks with a protestation that he has "no idea", and he equally unconvincingly punctuates those remarks repeatedly with the phrase "I don't know". Anybody who is acquainted with Professor Reese or his work will neither be surprised by, nor pay the slightest attention to, this display of genuine modesty. It is, however, to the question "What makes a Law School great?", not "What makes Professor Reese …
What Makes A Law School Great?, John Willis
What Makes A Law School Great?, John Willis
Dalhousie Law Journal
Coming, as I do, third in the line of those who have been asked to comment on the light-hearted wit and wisdom that Willis Reese let loose on this subject in his off-the-cuff remarks to a small group of teachers and students at Dalhousie Law School, I cannot add much to what has already been said. So, trying as hard as I can to avoid the pompous solemnity that almost inevitably goes along with any written pronouncement on topics as serious as those with which he dealt, I shall make three general comments on Willis Reese's main theme and two …
"If I Were Dean. .. ", Moffatt Hancock
"If I Were Dean. .. ", Moffatt Hancock
Dalhousie Law Journal
"It is the crowning glory of this law school that it has kindled in many hearts an inextinguishable fire." Mr. Justice Holmes' Willis Reese's droll, colloquial, and slightly tongue-in-cheek remarks about what makes a law school "great" recall the success achieved by the law teachers of the late nineteenth and early twentieth centuries in establishing what came to be the exclusive system of legal education in the United States and building up those famous law schools that are its oldest exemplars. As late as 1890 the vast majority of law students were trained by a haphazard combination of clerking in …
Le Centenaire De La Facult De Droit De I'Universit De Montréal, Louise Thisdale
Le Centenaire De La Facult De Droit De I'Universit De Montréal, Louise Thisdale
Dalhousie Law Journal
L'annee 1978 marquait le centi~me anniversaire de la fondation de la facult6 de droit de l'Universit6 de Montreal. Pour plus d'exactitude, il faudrait preciser qu'il s'agit plutet du centenaire de la faculte de droit seulement puisqu'en 1878, l'Universite de Montreal n'existait pas encore; ' cette epoque elle fut inaugurée comme Succursale de l'Universite Laval 'a Montreal. Et ce n'est qu'en 1920 qu'elle fut constituee en corporation sous le nom d'Universite de Montreal.
Universitd De Moncton's Common Law School: A Unique Experience, Pierre Patenaude
Universitd De Moncton's Common Law School: A Unique Experience, Pierre Patenaude
Dalhousie Law Journal
At their founding, the nine predominantly anglophone provinces of Canada adopted the English legal system patterning their legal institutions upon those of Britain and accepting English public and private law as it then existed. Quebec, on the other hand, modelled its legal system on that of France and most of the private law of Quebec is of French origin. As a result of this historical divergence, French language legal education in Canada, which has hitherto existed only in Quebec, has trained civilian lawyers who are unable to practise in other Canadian provinces. The result of the situation has been that …
Law Schools And Public Legal Education: The Community Law Programme At Windsor, R. A. Macdonald
Law Schools And Public Legal Education: The Community Law Programme At Windsor, R. A. Macdonald
Dalhousie Law Journal
The term public legal education is of relatively recent vintage. Although the Bar has long acknowledged a responsibility to provide the public with information about the law and our legal system, it usually assumed that the private practitioner could perform this function adequately within the context of his daily practice. Only in the last decade have we come to realize that this function was not being performed and that general information about the law was unavailable to most citizens.' Not only was the Bar not involved in "access to justice" problems, but those engaged in legal education seemed to have …
Legal Education In Canadian Schools?, Hugh M. Kindred
Legal Education In Canadian Schools?, Hugh M. Kindred
Dalhousie Law Journal
Law courses have exploded across school programmes in recent years. From one end of Canada to the other, thousands of students and hundreds of school teachers are now studying law. Just what they are learning is uncertain for, apart from a head count of those present in the classroom, there is little curricular enquiry and even less organisation. The effort appears to be an unled mass movement rather than a planned educational development. And its size is still growing. The origins of this explosion of legal interest explain its unorganised character. The pressure for legal education has come from the …
Parodoxes Of Canadian Legal Education, H. W. Arthurs
Parodoxes Of Canadian Legal Education, H. W. Arthurs
Dalhousie Law Journal
If the history of Canadian legal education should ever be written, these years of the mid-1970s will surely be viewed as a period of critical significance. For at least a quarter-century, growth has been the predominant theme: growth in student numbers and faculty complements; growth in democratic decision-making by both faculty and students, but also - inevitably - in the bureaucratic structures of faculties; growth of physical facilities and indeed, of whole new faculties; growth of libraries and of the pace and variety of research; growth of curricula and of teaching methods; growth in professional esteem and in public contribution; …
The Faculty Of Law At The University Of Victoria, F. M. Fraser
The Faculty Of Law At The University Of Victoria, F. M. Fraser
Dalhousie Law Journal
No abstract provided.
The Department Of Law, Carleton University, Ottawa, John Barnes
The Department Of Law, Carleton University, Ottawa, John Barnes
Dalhousie Law Journal
The purpose of this article is to describe how one undergraduate law program is operating, the objects of that program and the problems faced in offering law courses outside the professional schools. The extent of legal activity at Carleton will be outlined first, followed by an explanation of the reasons for the development of the particular calendar content. Different approaches to the teaching of law in the context of a general university program will be considered, discussing particularly the application of the techniques of the social sciences. The role of undergraduate law and the possible professional applications of a B.A. …
The Dalhousie Legal Aid Service, Harvey Savage
The Dalhousie Legal Aid Service, Harvey Savage
Dalhousie Law Journal
In a seminal article on the feasibility of a 'Clinical Lawyer-School', Jerome Frank identified the kind of discontent that has since spawned clinical law programs in law schools. Ostensibly, the students were to study cases. But they did not and they do not study cases. They do not even study the printed records of cases (although that would be little enough), let alone cases as living processes. Their attention is restricted to judicial opinions. But an opinion is not a decision. A decision is a specific judgement, or order or decree entered after a trial of a specific law-suit between …