Chapter 2 tackles familiar, but important questions of competence and
legal doctrine at Union level.
Not exact matches
Watch Video The Hon. Justice David Stratus on «Reflections on the Decline of
Legal Doctrine» Filmed on January 8, 2016
at the Canadian Constitution Foundation's 2016 Law & Freedom Conference.
In frustration, he recognized that the first - year
legal writing and analysis course had been less than completely successful
at teaching foundational
doctrine of
legal analysis and writing because the students lacked the user's experience of written
legal analysis.
Students confront the memoranda
at the very beginning of the semester, before students have read the portions of their textbooks that would acquaint them with the analytical and writing
doctrine that guides
legal writers in preparing such documents.
By integrating writing and
doctrine in the first semester, we are sending a message to our students,
at outset of their
legal education, that there is no real divide between analyzing
legal doctrine and the writing that communicates that analysis.54 By writing within a doctrinal context, students are able to see the ways in which the law and how it is structured influence their writing choices.55 Moreover, students tend to develop a deeper understanding of the connected doctrinal course because of the writing that occurs in that doctrinal area.56 Thus a number of the benefits that result from integrating the two courses arise from the synergies that come from teaching both courses together.57 What follows are some specific synergies that I have observed in teaching the integrated LA&W and Introduction to Torts courses.
Even
at an early stage in their
legal training, the first - year students could see that the particular structures that
legal writing
doctrine requires are valuable for understanding and communicating a
legal problem and its analysis.
The externship experience is a process of discovery for many of the upper - level students, a process that includes discovery of some basic
doctrine relating to analysis and writing processes that Monte, as a teacher of first - year
legal analysis and writing, had been attempting to teach
at that earlier developmental stage.
Additionally, if the employee was found to be
at - fault, the company could be vicariously liable to pay damages to the injured victims under a
legal doctrine known as respondeat superior.
When I began my teaching career,
at Georgetown, I taught a traditional
legal writing course with writing assignments drawn from a variety of doctrinal areas, paying more attention to skills I wanted to teach — e.g. analyzing statutes, using elements tests, analogizing and distinguishing cases, synthesizing case and statutory law, etc. — than to integrating any particular area of
doctrine.
Within the past decade, banking and insurance companies have hired historical
legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron»
doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers
doctrine as it was understood
at the time of the country's founding.
At that time, the curriculum in common law Canadian law schools reflected a widespread, if not universal, consensus on the content and scope of the core body of
legal doctrine that would prepare students for a career in the
legal profession.
Although neither statute nor case law clearly articulates that the lawyer's monopoly over the provision of
legal services depends upon the
legal profession's performing all
legal services covered by that monopoly
at reasonable cost, I argue that such relationship is dictated by constitutional
doctrine because:
My blog work facilitates the exposure and scrutiny of my
legal ideas to a national and international readership that includes not only judges, policymakers, and practitioners
at all levels in many jurisdictions, but also academics from other disciplines, journalists of all stripes, many nonlawyers interested in criminal justice issues, and also — perhaps most valuably — the real people whose lives are most impacted by the policies and
doctrines that I discuss.»).
As a result, the Lipson Neilson defense counsel spontaneously argued that the
legal malpractice claim was also barred under the the
doctrine of in pari delicto — the wrongful conduct rule — because Plaintiff's criminal conduct in committing perjury
at his plea hearing was the central cause of his incarceration and consequential damages.
According to the
legal doctrine of contributory negligence, if you are found to be in any way
at fault for your own injuries, you would likely not be able to recover any compensation for your injuries and other related losses.
By showing up in person
at various ABA meetings, faculty get to meet exceptional lawyers from across the country who can both help when needed to answer questions about unique
legal doctrines in a given state, and who also may be in a position to hire your students after graduation.
In some cases, the
legal doctrine of respondeat superior allows an accident victim to recover from a driver's employer, if the driver was performing job duties
at the time of the accident.
[28] Canadian Constitution Foundation, «Reflections on the Decline of
Legal Doctrine» (January 8, 2016), online: https://www.youtube.com/watch?v=UxTqMw5v6rg
at 19:53.
Next comes Terri Enns and Monte Smith's article, entitled, «Take a (Cognitive) Load Off: Creating Space to Allow First - Year
Legal Writing Students to Focus on Analytical and Writing Processes,» in which Terri and Monte encourage us to focus the students» attention away from the documents they write — the products — and focus on writing and analysis — the processes.8 Terri and Monte's article provide us with a discussion of the cognitive blocks that «impede -LSB--RSB- first - year law students» ability to learn analytical and writing processes
at the same time that the students are producing written analysis for a grade,» as well as describing exercises that Terri and Monte have used in class to assist the students in refocusing on the writing and analytical processes, instead of the products.9 And Terri and Monte's article concludes with a proposal of devoting a portion of class to processes, 10 in hopes that «[g] reater understanding and the adoption of that
doctrine [the processes] should improve the students» ability to transfer their new knowledge to new analysis and writing tasks.»
Legal Writing Professors Without Borders: Exploring the Benefits of Integrated Teaching of
Legal Writing,
Doctrine, and More, The Second Draft, Fall 2016,
at 36.
Let's start with
doctrine: — Current copyright literature Next to Genie Tyburski and the wonderful Virtual Chase — Virtual Chase
Legal Research guide: Intellectual Property Law From Slaw's own Ted Tjaden, some Canadian links — Intellectual Property Law — Canada Pausing only to suppress my occasional cynicism about the length of time that Canada's policy - making on copyright has been going on,
at least they have good resources explaining the process — Copyright Reform Process A few comparative links: the United Kingdom — Copyright on the UK Patent Office Site Next New Zealand — New Zealand Copyright Law How to do research on Australian copyright law — Intellectual Property Research in Australia Now two important US sites: first the authorized version — The US Copyright Office Next, a wonderful site that reflects some of Larry Lessig «s thinking
at Stanford — The Stanford Copyright and Fair Use Center And finally, reflecting the fact that so much law in this area reflects not domestic policy - making, but hard - fought international consensus, an Index to what the World Intellectual Property Organization (WIPO), a United Nations agency has accomplished — WIPO Index And to conclude with an American and a European take on international copyright, since I was just in Chicago, look
at Irene Berkey's links — International Intellectual Property and finally a European source (actually it's Swiss, but that's not obviousRobert Kraft, in his Diaries, quotes Stravinsky, la justice — c’est une invention suisse)-- Swiss
Legal Research Center International IP Links, run by CMS von Erlach Henrici And finally, a nice and quirky piece on the oddities of copyright called — Digital Copyright & Copywrong by Peter Jacso.
Social and political scientists will also be able to look
at terminology within broader
legal philosophies,
doctrines and paradigms,
At least some of Friday's presenters insisted that la
doctrine is our joint responsibility as juristes (and some, notably prof. Grammond, have argued that the responsibility runs beyond the
legal profession itself).
Last week,
at the Canadian Constitution Foundation's Law and Freedom 2016 conference, Justice David Stratas of the Federal Court of Appeal delivered a fascinating lecture called «The Decline of
Legal Doctrine.»
The
legal doctrine of res judicata can cause an Application
at the Human Rights Tribunal to be dismissed.
As we have demonstrated in this Part, the FISA courts currently generate
at least some amount of formally binding precedent that they are under no
legal obligation to publish.26 In Part II, we take up the task of determining whether the justifications for the
doctrine of stare decisis support affording secret opinions of this type binding precedential force.
Of course, the most obvious distinction is that theft is a
legal wrong which can be prosecuted if committed as a crime, while adverse possession is a curative
doctrine used to determine who owns the property
at a given time rather than to punished or affirmative sue someone.
At UW Law, we believe the best
legal education integrates
legal theory,
doctrine and practice that must be delivered by a diverse faculty to a diverse student body.
At issue is a
legal principle known as the «apex - deposition
doctrine» that protects a company's highest officers from potentially harassing depositions unless they have actual and pertinent knowledge not available from other sources.
Under the
legal doctrine of «constructive receipt,» realization happens
at the time income is «made available» to the taxpayer.
At issue in the case was the
legal doctrine of «laches.»
According to current native title
doctrine, extinguishment is the termination of a
legal native title right, caused as a direct result of, and
at the time of, a Crown act creating a non-Indigenous interest in land which is inconsistent with the native title right.