Alberta Law Review
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Author | : Rebecca J. Cook |
Publisher | : University of Pennsylvania Press |
Total Pages | : 649 |
Release | : 2012-03-10 |
Genre | : Political Science |
ISBN | : 0812201663 |
Rebecca J. Cook and the contributors to this volume seek to analyze how international human rights law applies specifically to women in various cultures worldwide, and to develop strategies to promote equitable application of human rights law at the international, regional, and domestic levels. Their essays present a compelling mixture of reports and case studies from various regions in the world, combined with scholarly assessments of international law as these rights specifically apply to women.
Author | : Mark M. Orkin |
Publisher | : Canada Law Book |
Total Pages | : |
Release | : 1987 |
Genre | : Costs (Law) |
ISBN | : 9780888040503 |
Author | : Walter Bennett |
Publisher | : University of Chicago Press |
Total Pages | : 254 |
Release | : 2010-02-15 |
Genre | : Law |
ISBN | : 0226042561 |
Lawyers today are in a moral crisis. The popular perception of the lawyer, both within the legal community and beyond, is no longer the Abe Lincoln of American mythology, but is often a greedy, cynical manipulator of access and power. In The Lawyer's Myth, Walter Bennett goes beyond the caricatures to explore the deeper causes of why lawyers are losing their profession and what it will take to bring it back. Bennett draws on his experience as a lawyer, judge, and law teacher, as well as upon oral histories of lawyers and judges, in his exploration of how and why the legal profession has lost its ennobling mythology. Effectively using examples from history, philosophy, psychology, mythology, and literature, Bennett shows that the loss of professionalism is more than merely the emergence of win-at-all-cost strategies and a scramble for personal wealth. It is something more profound—a loss of professional community and soul. Bennett identifies the old heroic myths of American lawyers and shows how they informed the values of professionalism through the middle of the last century. He shows why, in our more diverse society, those myths are inadequate guides for today's lawyers. And he also discusses the profession's agony over its trickster image and demonstrates how that archetype is not only a psychological reality, but a necessary component of a vibrant professional mythology for lawyers. At the heart of Bennett's eloquently written book is a call to reinvigorate the legal professional community. To do this, lawyers must revive their creative capacities and develop a meaningful, professional mythology—one based on a deeper understanding of professionalism and a broader, more compassionate ideal of justice.
Author | : Rosanna Lillian Langer |
Publisher | : University of British Columbia Press |
Total Pages | : 220 |
Release | : 2007 |
Genre | : History |
ISBN | : |
The domestic processing of human rights complaints attracts a great deal of public attention and interest. Yet despite this scrutiny, there is still much below the surface that we don’t know. When people contact the human rights commission or a human rights lawyer, how do they think about and use human rights discourse? How do the legal professionals involved characterize the experiences they describe? How are complaints turned into cases? Can administrative systems be both effective and fair? Defining Rights and Wrongs investigates the day-to-day practices of low-level officials and intermediaries as they manage the gap between social relations and legal meaning in order to construct domestic human rights complaints. It documents how agency staff struggle to manage a huge body of claims within a system of restrictive rules but expansive definitions of discrimination. It also examines how independent human rights lawyers and advocacy organizations challenge human rights commissions and seek to radically reform the existing commission/tribunal structure. This book identifies the values that a human rights system should uphold if it is to be both fair and consistent with its own goals of promoting mutual respect and fostering the personal dignity and equal rights of citizens.
Author | : Alan Winfield Leschied |
Publisher | : |
Total Pages | : 332 |
Release | : 1991 |
Genre | : Law |
ISBN | : |
The Young Offenders Act of 1984 signalled a departure from the court as a caring parent to the court as a forum for ensuring protection of individual civil liberties while meting out justice in a fair and equitable manner. The essays in this volume explore the impact of this legislation on Canadian juvenile justice from the perspectives of lawyers, policy-makers, researchers, and other professionals involved in the court system. Annotation copyrighted by Book News, Inc., Portland, OR
Author | : Mark Tushnet |
Publisher | : Princeton University Press |
Total Pages | : 288 |
Release | : 2009-07-20 |
Genre | : Political Science |
ISBN | : 1400828155 |
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Author | : Richard Weisman |
Publisher | : Routledge |
Total Pages | : 158 |
Release | : 2016-04-01 |
Genre | : Social Science |
ISBN | : 1317055098 |
Whether or not wrongdoers show remorse and how they show remorse are matters that attract great interest both in law and in popular culture. In capital trials in the United States, it can be a question of life or death whether a jury believes that a wrongdoer showed remorse. And in wrongdoings that capture the popular imagination, public attention focuses not only on the act but on whether the perpetrator feels remorse for what they did. But who decides when remorse should be shown or not shown and whether it is genuine or not genuine? In contrast to previous academic studies on the subject, the primary focus of this work is not on whether the wrongdoer meets these expectations over how and when remorse should be shown but on how the community reacts when these expectations are met or not met. Using examples drawn from Canada, the United States, and South Africa, the author demonstrates that the showing of remorse is a site of negotiation and contention between groups who differ about when it is to be expressed and how it is to be expressed. The book illustrates these points by looking at cases about which there was conflict over whether the wrongdoer should show remorse or whether the feelings that were shown were sincere. Building on the earlier analysis, the author shows that the process of deciding when and how remorse should be expressed contributes to the moral ordering of society as a whole. This book will be of interest to those in the fields of sociology, law, law and society, and criminology.
Author | : Frederick Schauer |
Publisher | : Clarendon Press |
Total Pages | : 272 |
Release | : 1991-08-22 |
Genre | : Law |
ISBN | : 0191018740 |
This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.
Author | : Kerry Abel |
Publisher | : Univ. of Manitoba Press |
Total Pages | : 343 |
Release | : 1991-01-15 |
Genre | : History |
ISBN | : 0887553095 |
This volume addresses a wide range of topics related to Aboriginal resource use, ranging from the pre-contact period to the present. The papers were originally presented at a conference held in 1988 at the University of Winnipeg. Co-editor Kerry Abel has written an introduction that outlines the main themes of the book. She points out that it is difficult to know what the enshrinement of Aboriginal rights in the Canadian Constitution means without knowing exactly what constituted the Aboriginal interest in the land past and present. She also summarizes some of the developments in the rapidly evolving concept of Aboriginal rights.
Author | : Gregory S. Pun |
Publisher | : |
Total Pages | : 274 |
Release | : 2010-01-01 |
Genre | : Nuisances |
ISBN | : 9780433454090 |