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Author: Osgoode Society for Canadian Legal History
Publisher: University of Toronto Press
Published: 2004-01-01
Total Pages: 576
ISBN-13: 9780802080219
DOWNLOAD EBOOK →Editors Philip Girard, Jim Phillips, and Barry Cahill have put together the first complete history of any Canadian provincial superior court. All of the essays are original, and many offer new interpretations of familiar themes in Canadian legal history.
Author: Barry Cahill
Publisher: University of Toronto Press
Published: 2004-12-15
Total Pages: 562
ISBN-13: 1442655534
DOWNLOAD EBOOK →Prepared to coincide with the 250th anniversary of the establishment of Nova Scotia's Supreme Court, this important new volume provides a comprehensive history of the institution, Canada's oldest common law court. The thirteen essays include an account of the first meeting in 1754 of the court in Michaelmas Term, surveys of jurisprudence (the court's early federalism cases; its use of American law; attitudes to the administrative state), and chapters on the courts of Westminster Hall, on which the Supreme Court was modelled, and the various courthouses it has occupied. Anchoring the volume are two longer chapters, one on the pre-confederation period and one on the modern period. Editors Philip Girard, Jim Phillips, and Barry Cahill have put together the first complete history of any Canadian provincial superior court. All of the essays are original, and many offer new interpretations of familiar themes in Canadian legal history. They take the reader through the establishment of the one-judge court to the present day – a unique contribution to our understanding of superior courts.
Author: David H. Flaherty
Publisher: University of Toronto Press
Published: 1981
Total Pages: 484
ISBN-13: 0802099114
DOWNLOAD EBOOK →Covering a broad range of topics, this volume examines developments over the last two hundred years in the legal profession and the judiciary, nineteenth-century prison history, as well as the impact of the 1815 Treaty of Paris.
Author: Philip Girard
Publisher: University of Toronto Press
Published: 2011-01-01
Total Pages: 297
ISBN-13: 1442644109
DOWNLOAD EBOOK →From award-winning biographer Philip Girard, Lawyers and Legal Culture in British North America is the first history of the legal profession in Canada to emphasize its cross-provincial similarities and its deep roots in the colonial period. Girard details how nineteenth-century British North American lawyers created a distinctive Canadian template for the profession by combining the strong collective governance of the English tradition with the high degree of creativity and client responsiveness characteristic of U.S. lawyers a mix that forms the basis of the legal profession in Canada today. Girard provides a unique window on the interconnections between lawyers' roles as community leaders and as legal professionals. Centred on one pre-Confederation lawyer whose career epitomizes the trends of his day, Beamish Murdoch (1800-1876), Lawyers and Legal Culture in British North America makes an important and compelling contribution to Canadian legal history.
Author: Constance Backhouse
Publisher: UBC Press
Published: 2022-11-22
Total Pages: 300
ISBN-13: 0774868295
DOWNLOAD EBOOK →In 1994, a white police officer arrested a Black teenager, placed him in a choke hold, and charged him with assault and obstructing arrest. In acquitting the teen, Judge Corrine Sparks – Canada’s first Black female judge – remarked that police sometimes overreacted when dealing with non-white youth. The acquittal was appealed and ultimately upheld, but most of the white judges who reviewed the decision critiqued Sparks’s comments. Reckoning with Racism considers the RDS case, in which the Supreme Court of Canada fumbled over its first complaint of judicial racial bias. This is an enthralling account of the country’s most momentous race case.
Author: Elaine Craig
Publisher: McGill-Queen's Press - MQUP
Published: 2018-02-16
Total Pages: 217
ISBN-13: 0773553002
DOWNLOAD EBOOK →Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily – and sometimes unlawfully – contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers’ public statements and commercial advertisements, Putting Trials on Trial demonstrates that – despite prominent contestations – complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.
Author: Susan Bartie
Publisher: NYU Press
Published: 2021-07-06
Total Pages: 421
ISBN-13: 1479803642
DOWNLOAD EBOOK →A critical history of the Americanization of legal education in fourteen countries The second half of the twentieth century witnessed the export of American power—both hard and soft—throughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally. Editors Susan Bartie and David Sandomierski and their contributors suggest that to understand legal education and to respond thoughtfully to the mounting present-day challenges, it is essential to look beyond a particular region and consider not only the ideas behind legal education but also the broader historical, political, and cultural factors that have shaped them. American Legal Education Abroad begins with an important foundational history by leading Harvard Law School historian Bruce Kimball, who explains the factors that created a transportable American legal model, and the book concludes with reflections from two prominent American law professors, Susan Carle and Bob Gordon, whose observations on recent disruptions within US law schools suggest that their influence within the global order of legal education may soon fall into further decline. This book should be considered an invaluable resource for anyone in the field of law.
Author: Lyndsay Campbell
Publisher: Cambridge University Press
Published: 2021-12-16
Total Pages: 491
ISBN-13: 1009037811
DOWNLOAD EBOOK →This fascinating study analyzes the evolution of libel law in Nova Scotia and Massachusetts, in the crucible of conflicts over democratic institution-building, gender roles, slavery and other religious and social reform movements. It demonstrates how individuals shaped the law, as they navigated societal change and fought with their neighbors.
