Osgoode Student’s Response to Maclean’s Rankings

Daniel Simard | Law School | 28th September - 2007

The post below sparked interest to the editor of Law Times resulting in a substantial contribution to an article entitled New Law School Rankings ‘Incomplete’

Maclean’s Article: A Seriously Flawed Analysis
Recently, Dean Monahan sent out an email discussing the Maclean’s article on the first ever ranking of Canadian law schools’ performance. The […]

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Fear of Islamic Schools Based on False Stereotypes

Daniel Simard | Civil Rights, Constitutional Law, Politics | 27th September - 2007

Fear of Islamic Schools Based on False Stereotypes
Muneeza Sheikh, Daniel Simard and Khurrum Awan
On Aug. 28, representatives from the Muslim, Jewish, Hindu and Sikh communities came together to express support for John Tory’s proposal to fund faith-based schools.
While such unity among different faith-based schools is refreshing, a large part of this debate lies in […]

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UK Adopting Canadian-Style Constitutional Reform?

lawiscool | Civil Rights, Constitutional Law | 26th September - 2007

The origins of the Canadian legal system are clearly within the common law tradition, specifically that of the United Kingdom.
The founding document of Canada’s existence, the Constitution Act 1867, determined the federation, distribution of powers and justice system. In fact it’s original name before the 1982 consolidation was the British North American Act 1867.
Constitutional […]

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The 12 Equitable Maxims

lawiscool | Law Foundations | 25th September - 2007

The twelve equitable maxims are:
1. Equity will not suffer a wrong without a remedy.
2. Equity follows the law.
3. Where there is equal equity, the law shall prevail.
4. Where the equities are equal, the first in time shall prevail.
5. He who seeks equity must do equity.
6. He who comes into equity must come with clean hands.
7. […]

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Maclean’s Law School Rankings

lawiscool | Law School | 23rd September - 2007

The much anticipated ranking of Canadian law schools by Maclean’s was released this past week.
Also as anticipated, an enormous furor arose among faculty and professionals across the nation over the approach used.
An American Approach to Canadian Schools
The rankings was that they were conducted by Brian Leiter, of the University of Texas at Austin Law […]

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Mexicans invade Canada, Canadians invade the US

lawiscool | Immigration Law, International Law, Politics | 22nd September - 2007

The Current Crisis in Windsor
Over the past 3 weeks, about 200 Mexicans claimed refugee status at the Canadian border in Windsor.
The shelters are full, and the city’s resources are capped.
Although most of these economic claiments will be sent back, during the 14-month interim of processing time they are on social assistance. The […]

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Man Sues God

lawiscool | Humour, Politics, Pop Culture | 22nd September - 2007

As if it wasn’t bad enough with Sa Tan suing The Queen, but there is a man in Nebraska that is suing God as well.
And He’s a Politician
To make this even better the plaintiff in the case is a Senator from Nebraska, Ernie Chambers, an agnostic black civil-rights advocate known for fiery rhetoric.
The case, which […]

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Sa Tan sues The Queen

lawiscool | Constitutional Law, Humour, Politics | 19th September - 2007

Ambrose Bierce defined politics in 1911 in The Devil’s Dictionary as, “A strife of interests masquerading as a contest of principles.”
But someone took this concept a step further.
Suit Filed in Federal Court
On Aug. 7, 2007, a $50 million suit was filled in Montreal against Her Majesty The Queen.
The plaintiff, legally identified as Sa Tan […]

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Increased Funding for Ontario Legal Aid

lawiscool | Pro Bono | 15th September - 2007

Earlier this year, Attorney-General of Ontario, Michael Bryant, made significant changes to Legal Aid Ontario.
Recent Changes
The announcement on June 19, 2007, proclaimed an increase $51 million for low-income Ontarians.
Some of the specific areas of funding include:

Tariff Increase
Articling Students
Exemption of Universal Child Care Benefit
New Financial Eligibility Test
Services for Families
Big Case Management
Aboriginal Services
Community Legal Clinics […]

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Open and Transparent Billing

lawiscool | Humour | 15th September - 2007

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The Charter and Criminal Law

lawiscool | Constitutional Law, Criminal Law | 15th September - 2007

The Canadian Charter of Rights and Freedoms covers pretty much every aspect of criminal law.
It guarantees freedom of expression and equality, but also the criminalization of conduct, investigation of crimes, prosecution of offences, determination of criminal liability, and sentencing of offenders.
Specific Sections
Section 7 covers right to life, liberty, security of the person, which […]

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Prussian Legal System the Best (according to 19th c. Japan)

lawiscool | International Law, Law Foundations | 7th September - 2007

Although the current Japanese legal system is based on the Anglo-American model, there was a time prior to its conquest in WWII where they used a system modeled after Germany.
Background
Prussian dominance can probably be traced back to amity and commerce treaty signed in 1861 between Prussia and Japan, structured with a unilateral most-favoured-nation clause […]

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Divisions among Private Law

lawiscool | Contracts, Law Foundations, Torts | 7th September - 2007

Private Law can be divided into property and obligations. The latter is further divided into contracts, torts, and unjust enrichment (restitution).
The bulk of first-year courses (property, contracts and torts), are therefore comprised primarily of private law, or regulations governing the relationships between individuals.
Divisions among Contracts

The major areas of study in Contracts are enforceability, excuses […]

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Types of Crimes in Canada

lawiscool | Criminal Law | 4th September - 2007

Crimes in Canada

Serious offences in Canada under Criminal Law are called indictable, some of which are triable by judge and jury.
Less serious crimes are called summary offences, and are triable only by magistrate or judge.
Other Jurisdictions

In the U.S., and in earlier common law cases, crimes are divided slightly differently into treasons, felonies, and misdemeanors.
Different Punishment […]

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Does International Law Even Exist?

lawiscool | International Law | 4th September - 2007

International Law, probably one of the most highly politicized and disputed areas within legal studies, is significantly different from domestic national laws in one important way.
Whereas all states have courts, jails, etc. as methods of enforcing legal statutes, there is no such comparable structure between nations at the international level.
Some precursors do exist, such as […]

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