A wit once said that the UK and the US are two countries separated by a common tongue. That comment is equally applicable to aspects of the legal system shared by the US, the UK and Canada.
What’s below is an example of why it isn’t safe to blithely assume the seemingly similar is similar.
Can anyone imagine untenured Canadian legal academics undertaking a study whose question is: why do motion and trial judges write judgments? Can we assume that admitting that that is what they were working on wouldn’t advance tenure prospects? If they mentioned that to the Dean, . . . [more]