Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Publishers note: We at Slaw would like to congratulate our columnist Adam Dodek on the release of his new book, which follows his prior work on The Canadian Constitution (2013).

Solicitor-Client Privilege
Adam M. Dodek
Lexis Nexis, 2014

Excerpt pp. XXVI – XXX

INTRODUCTION

Solicitor-client privilege is the strongest privilege protected by law.[ . . . [more]

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Judicial Fundraising in Canada
Stephen G. A. Pitel and Michal Malecki
Alberta Law Review, Forthcoming

5. Policy Arguments about Judicial Fundraising

Judges play an indispensible role in the administration of justice. Their position requires that they be “held to higher standards of integrity and ethical conduct than attorneys or other persons not invested . . . [more]

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

An Old-Fashioned View of the Nature of Law
James Boyd White
Theoretical Inquiries L. Vol. 12, no. 1 (2011): 381-402

Excerpt: pp. 387-389

II. TENSIONS IN LEGAL THOUGHT AND EXPRESSION

Exactly what are the tensions of which I speak, and how do they work? How are they to be addressed? What does it . . . [more]

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

THE “ILLUSION OF COMPENSATION”:
CY PRÈS DISTRIBUTIONS IN CANADIAN CLASS ACTIONS
Jasminka Kalajdzic
(2014) 92:1 Can. Bar Review [forthcoming]

Excerpt: pp. 16 – 19. Footnotes renumbered.

It is the third argument that is most apposite in the Canadian context. Redish and his colleagues posit that the use of cy près illegitimately transforms . . . [more]

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Utopia, Book 2
Sir Thomas More
Published 1516

(Excerpt: Of Their Slaves, and of Their Marriages)

They have but few laws, and such is their constitution that they need not many. They very much condemn other nations, whose laws, together with the commentaries on them, swell up to so many volumes; for they . . . [more]

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Science Manual for Canadian Judges
National Judicial Institute / Institut national de la magistrature / Chapter 2: Scott Findlay and Nathalie Chalifour. “Science and the Scientific Method”
Ottawa: National Judicial Institute, 2013

© National Judicial Institute 2013. All rights reserved. Permission to reproduce is granted for the purposes of research or private study. . . . [more]

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Royal Succession and the Canadian Crown as a Corporation Sole: A Critique of Canada’s Succession to the Throne Act, 2013
Philippe Lagassé and James W.J. Bowden
Constitutional Forum constitutionnel Volume 23, Number 1, 2014

(Excerpt: pp. 19, 20)

I. The Canadian Crown as Corporation Sole

. . . .

Perpetuity and seamless succession, . . . [more]

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Refining the Reasonable Apprehension of Bias Test: Providing Judges Better Tools for Addressing Judicial Disqualification
Jula Hughes & Philip Bryden
36:1 Dalhousie Law Journal (2013) 171-192

Introduction

The “reasonable apprehension of bias” test for judicial disqualification has been a fixture of Canadian law for many years, at a minimum since its formulation in . . . [more]

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

The Trial
Franz Kafka
Orig: Der Process, Berlin: Verlag Die Schmiede, 1925

Translation by David Wyllie

Chapter Seven
Lawyer – Manufacturer – Painter

……

He was no longer able to get the thought of the trial out of his head. He had often wondered whether it might not be a good idea . . . [more]

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Out of Tune: Why Copyright Law Needs Music Lessons
Carys Craig & GuIllaume Laroche

In:
Intellectual Property for the 21st Century Interdisciplinary Approaches, B Courtney Doagoo, Mistrale Goudreau, Madelaine Saginur and Teresa Scassa, Eds. (Toronto: Irwin Law, 2014)

(This excerpt is published pursuant to a Creative Commons licence.)

B. THE LAW . . . [more]

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Tort Law for Cynics
Dan Priel
Modern Law Review, Volume 77 (2014)

Introduction

Back in 1949 Lord Justice Denning had an occasion to consider the rules imposing tort liability on the actions of people of unsound mind. He wrote there:

I am aware that these rules of law have been criticized by some

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Data & Diversity in the Canadian Justice Community
Sabrina Lyon & Lorne Sossin
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2389410, Draft January 21, 2014

Part One: Diversity & the Judicial Appointment Process

Judges in Canada are no longer simply selected behind closed doors. While serious gaps in transparency remain with the appointment process both provincially and federally, all judicial . . . [more]