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Author : Jamie Cameron
Publisher :
ISBN 13 : 9780433460176
Total Pages : 446 pages
Book Rating : 4.4/5 (61 download)
Download or read book Reflections on the Legacy of Justice Bertha Wilson written by Jamie Cameron and published by . This book was released on 2008 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kim Brooks
Publisher : UBC Press
ISBN 13 : 0774859148
Total Pages : 347 pages
Book Rating : 4.7/5 (748 download)
Download or read book Justice Bertha Wilson written by Kim Brooks and published by UBC Press. This book was released on 2010-07-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bertha Wilson’s appointment as the first female justice of the Supreme Court of Canada in 1982 capped off a career of firsts. Wilson had been the first woman lawyer and partner at a prominent Toronto law firm and the first woman appointed to the Ontario Court of Appeal. Her death in 2007 provoked reflection on her contributions to the Canadian legal landscape and raised the question, what difference do women judges make? Justice Bertha Wilson examines Wilson’s career through three distinct frames and a wide range of feminist perspectives. The authors evince Wilson’s contributions to the legal system in “Foundations,” examine her role in high-profile decisions in “Controversy,” and assess her credentials as a feminist judge and her impact on education and the profession in “Reflections.” This nuanced portrait of a complex, controversial woman will appeal to lawyers, judges, policy makers, academics, and anyone interested in law and women’s contributions to Canadian society.
Author : G. Blaine Baker
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773556192
Total Pages : 452 pages
Book Rating : 4.7/5 (735 download)
Download or read book Tracings of Gerald Le Dain's Life in the Law written by G. Blaine Baker and published by McGill-Queen's Press - MQUP. This book was released on 2019-05-30 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerald Le Dain (1924–2007) was appointed to the Supreme Court of Canada in 1984. This collectively written biography traces fifty years of his steady, creative, and conciliatory involvement with military service, the legal academy, legislative reform, university administration, and judicial decision-making. This book assembles contributions from the in-house historian of the law firm where Le Dain first practised, from students and colleagues in the law schools where he taught, from a research associate in his Commission of Inquiry into the non-medical use of drugs, from two of his successors on the Federal Court of Appeal, and from three judicial clerks to Le Dain at the Supreme Court of Canada. Also reproduced here is a transcript of a recent CBC documentary about his 1988 forced resignation from the Supreme Court following a short-term depressive illness, with commentary from Le Dain’s family and co-workers. Gerald Le Dain was a tireless worker and a highly respected judge. In a series of essays that cover the different periods and dimensions of his career, Tracings of Gerald Le Dain’s Life in the Law is an important and compassionate account of one man's commitment to the law in Canada. Contributors include Harry W. Arthurs, G. Blaine Baker, Bonnie Brown, Rosemary Cairns-Way, John M. Evans, Melvyn Green, Bernard J. Hibbitts, Peter W. Hogg, Richard A. Janda, C. Ian Kyer, Andree Lajoie, Gerald E. Le Dain, Allen M. Linden, Roderick A. Macdonald, Louise Rolland, and Stephen A. Scott.
Author : Constance Backhouse
Publisher : UBC Press
ISBN 13 : 0774836350
Total Pages : 768 pages
Book Rating : 4.7/5 (748 download)
Download or read book Claire L’Heureux-Dubé written by Constance Backhouse and published by UBC Press. This book was released on 2017-11-06 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both lionized and vilified, Claire L’Heureux-Dubé has shaped the Canadian legal landscape – and in particular its highest court. Only the second woman on the Supreme Court of Canada, L’Heureux-Dubé anchored her approach to cases in their social, economic, and political context. This compelling biography takes a similar tack, tracing the experience of a francophone woman within the male-dominated Quebec legal profession – and within the primarily anglophone world of the Supreme Court. In the process, Constance Backhouse enhances our understanding of the Canadian judiciary, the creation of law, the Quebec socio-legal environment, and the nation’s top court.
Author : Martha Albertson Fineman
Publisher : Routledge
ISBN 13 : 113694902X
Total Pages : 432 pages
Book Rating : 4.1/5 (369 download)
Download or read book Transcending the Boundaries of Law written by Martha Albertson Fineman and published by Routledge. This book was released on 2010-07-12 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transcending the Boundaries of Law is a ground-breaking collection that will be central to future developments in feminist and related critical theories about law. In its pages three generations of feminist legal theorists engage with what have become key feminist themes, including equality, embodiment, identity, intimacy, and law and politics. Almost two decades ago Routledge published the very first anthology in feminist legal theory, At the Boundaries of Law (M.A. Fineman and N. Thomadsen, eds. 1991), which marked an important conceptual move away from the study of "women in law" prevalent in the 1970s and 1980s. The scholars in At the Boundaries applied feminist methods and theories in examining law and legal institutions, thus expanding upon work in the Law and Society tradition. This new anthology brings together some of the original contributors to that volume with scholars from subsequent generations of critical gender theorists. It provides a "retrospective" on the past twenty-five years of scholarly engagement with issues relating to gender and law, as well as suggesting directions for future inquiry, including the tantalizing suggestion that feminist legal theory should move beyond gender as its primary focus to consider the theoretical, political, and social implications of the universally shared and constant vulnerability inherent in the human condition.
Author : Frederik Swennen
Publisher : Springer
ISBN 13 : 3319172298
Total Pages : 372 pages
Book Rating : 4.3/5 (191 download)
Download or read book Contractualisation of Family Law - Global Perspectives written by Frederik Swennen and published by Springer. This book was released on 2015-07-06 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. That comparison shows that, whereas family law is clearly moving towards contract with regard to old family formations, the contrary is true for new family formations. The movement towards contract is rarely considered to be contractualisation pur sang, with civil effect. The movement towards status, finally, does not necessarily witness ‘family law exceptionalism’ vis-à-vis private law, in view of the increasing State interventionism in private law relations in general. In sum, as the volume shows, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach. This volume is based on the general and selected national reports on the topic “Contractualisation of Family Law” that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.
Author : Joe McIntyre
Publisher : Springer Nature
ISBN 13 : 981329115X
Total Pages : 304 pages
Book Rating : 4.8/5 (132 download)
Download or read book The Judicial Function written by Joe McIntyre and published by Springer Nature. This book was released on 2019-09-16 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.
Author : Richard Albert
Publisher : University of Toronto Press
ISBN 13 : 1487523025
Total Pages : 417 pages
Book Rating : 4.4/5 (875 download)
Download or read book Canadian Constitution in Transition written by Richard Albert and published by University of Toronto Press. This book was released on 2019-01-01 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The year 2017 marked the 150th anniversary of Confederation and the 1867 Constitution Act. Anniversaries like these are often seized upon as opportunities for retrospection. This volume, by contrast, takes a distinctively forward-looking approach. Featuring essays from both emerging and established scholars, The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come. Moving beyond the frameworks that previous generations used to organize constitutional thinking, the scholars in this volume highlight new and innovative approaches to perennial problems, and seek new insights on where constitutional law is heading. Featuring fresh scholarship from contributors who will lead the constitutional conversation in the years ahead - and who represent the gender, ethnic, linguistic, and demographic make-up of contemporary Canada - The Canadian Constitution in Transition enriches our understanding of the Constitution of Canada, and uses various methodological approaches to chart the course toward the bicentennial.
Author : Richard Albert
Publisher : University of Toronto Press
ISBN 13 : 1487519125
Total Pages : 417 pages
Book Rating : 4.4/5 (875 download)
Download or read book The Canadian Constitution in Transition written by Richard Albert and published by University of Toronto Press. This book was released on 2019-03-14 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The year 2017 marked the 150th anniversary of Confederation and the 1867 Constitution Act. Anniversaries like these are often seized upon as opportunities for retrospection. This volume, by contrast, takes a distinctively forward-looking approach. Featuring essays from both emerging and established scholars, The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come. Moving beyond the frameworks that previous generations used to organize constitutional thinking, the scholars in this volume highlight new and innovative approaches to perennial problems, and seek new insights on where constitutional law is heading. Featuring fresh scholarship from contributors who will lead the constitutional conversation in the years ahead - and who represent the gender, ethnic, linguistic, and demographic make-up of contemporary Canada - The Canadian Constitution in Transition enriches our understanding of the Constitution of Canada, and uses various methodological approaches to chart the course toward the bicentennial.
Author : Beverley Baines
Publisher : Cambridge University Press
ISBN 13 : 0521761573
Total Pages : 495 pages
Book Rating : 4.5/5 (217 download)
Download or read book Feminist Constitutionalism written by Beverley Baines and published by Cambridge University Press. This book was released on 2012-04-16 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
Author : James L. Turk
Publisher : James Lorimer & Company
ISBN 13 : 145940629X
Total Pages : 370 pages
Book Rating : 4.4/5 (594 download)
Download or read book Academic Freedom in Conflict written by James L. Turk and published by James Lorimer & Company. This book was released on 2014-03-27 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a century academics have had unique rights not enjoyed by other citizens -- to speak, teach, and write freely. Central to the case for academic freedom is that scholars must be able to voice their views free of fear in order for society to gain a better understanding of ourselves and our world. Academic freedom has always faced challenges. Professors have been pressed to alter their work because it offends powerful interests -- both inside and outside the university. Some have been fired or denied jobs for their political views, their criticisms of colleagues and administrators, and their refusal to buckle under corporate pressures to hush up research findings. The sixteen contributors to this volume cite many such instances in Canada and the U.S. More significantly, they point out how governments, corporations, and university administrators today are seeking to narrow academic freedom. Among them: Major donors are acquiring control over university teaching and even hiring decisions University administrators are firing professors with unpopular political views, while pretending that the reasons for their decisions lie elsewhere Governments are using funding mechanisms to force-feed research in some areas, while shutting down inquiry in others Campus-wide policies enforcing civility rules are preventing criticism and debate within a university Judges are issuing decisions which reverse previous rulings supporting academic freedom in the U.S. and Canada Together the contributors to this book document the many arenas in which academic freedom is in jeopardy and explore its legitimate limits.
Author : Elisa Giunchi
Publisher : Routledge
ISBN 13 : 1317750314
Total Pages : 212 pages
Book Rating : 4.3/5 (177 download)
Download or read book Muslim Family Law in Western Courts written by Elisa Giunchi and published by Routledge. This book was released on 2014-03-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.
Author : Allan C. Hutchinson
Publisher : Cambridge University Press
ISBN 13 : 1107017262
Total Pages : 329 pages
Book Rating : 4.1/5 (7 download)
Download or read book Laughing at the Gods written by Allan C. Hutchinson and published by Cambridge University Press. This book was released on 2012-02-20 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book showcases eight judges that exemplify judicial greatness and looks at what role they play in law and society.
Author : Constance Backhouse
Publisher : Second Story Press
ISBN 13 : 1772600946
Total Pages : 238 pages
Book Rating : 4.7/5 (726 download)
Download or read book Two Firsts written by Constance Backhouse and published by Second Story Press. This book was released on 2019-03-08 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bertha Wilson and Claire L’Heureux-Dubé were the first women judges on the Supreme Court of Canada. Their 1980s judicial appointments delighted feminists and shocked the legal establishment. Polar opposites in background and temperament, the two faced many identical challenges. Constance Backhouse’s compelling narrative explores the sexist roadblocks both women faced in education, law practice, and in the courts. She profiles their different ways of coping, their landmark decisions for women’s rights, and their less stellar records on race. To explore the lives and careers of these two path-breaking women is to venture into a world of legal sexism from a past era. The question becomes, how much of that sexism has been relegated to the bins of history, and how much continues?
Author : Sandra Day O'Connor
Publisher : Random House
ISBN 13 : 0307432416
Total Pages : 354 pages
Book Rating : 4.3/5 (74 download)
Download or read book The Majesty of the Law written by Sandra Day O'Connor and published by Random House. This book was released on 2007-12-18 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: NATIONAL BESTSELLER • “Shows us why Sandra Day O’Connor is so compelling as a human being and so vital as a public thinker.”—Michael Beschloss In this remarkable book, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions. Straight-talking, clear-eyed, inspiring, The Majesty of the Law is more than a reflection on O’Connor’s own experiences as the first female Justice of the Supreme Court; it also reveals some of the things she has learned and believes about American law and life—reflections gleaned over her years as one of the most powerful and inspiring women in American history.
Author : Elizabeth A. Sheehy
Publisher : UBC Press
ISBN 13 : 0774826541
Total Pages : 493 pages
Book Rating : 4.7/5 (748 download)
Download or read book Defending Battered Women on Trial written by Elizabeth A. Sheehy and published by UBC Press. This book was released on 2013-12-15 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of "battered woman syndrome" was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the trials of eleven battered women, ten of whom killed their partners, in the fifteen years since Lavallee. Drawing extensively on trial transcripts and a rich expanse of interdisciplinary sources, the author looks at the evidence produced at trial and at how self-defence was argued. By illuminating these cases, this book uncovers the practical and legal dilemmas faced by battered women on trial for murder.
Author : Ellen Anderson
Publisher : University of Toronto Press
ISBN 13 : 9780802085825
Total Pages : 534 pages
Book Rating : 4.0/5 (858 download)
Download or read book Judging Bertha Wilson written by Ellen Anderson and published by University of Toronto Press. This book was released on 2002-01-01 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Madame Justice Bertha Wilson, the first woman appointed to the Supreme Court of Canada, is an enormously influential and controversial figure in Canadian legal and political history. This engaging, authorized, intellectual biography draws on interviews conducted under the auspices of the Osgoode Society for Legal History, held in Scotland and Canada with Madame Justice Wilson, as well as with her friends, relatives, and colleagues. The biography traces Wilson's story from her birth in Scotland in 1923 to the present. Wilson's contributions to the areas of human rights law and equality jurisprudence are many and well-known. Lesser known are her early days in Scotland and her work as a minister's wife or her post-judicial work on gender equality for the Canadian Bar Association and her contributions to the Royal Commission on Aboriginal Peoples. Through a scrupulous survey of Wilson's judgements, memos, and academic writings (many as yet unpublished), Ellen Anderson shows how Wilson's life and the law were seamlessly integrated in her persistent commitment to a stance of principled contextuality. This stance has had an enduring effect on the evolution of Canadian law and cultural history. Supported with the warmth and generosity of Wilson's numerous personal anecdotes, this work illuminates the life and throught of a woman who has left an extraordinary mark on Canada's legal landscape.
