UNB Law Journal

UNB Law Journal
Author:
Publisher:
Total Pages: 478
Release: 2007
Genre: Law
ISBN:

Download UNB Law Journal Book in PDF, Epub and Kindle

Aboriginal Customary Law: A Source of Common Law Title to Land

Aboriginal Customary Law: A Source of Common Law Title to Land
Author: Ulla Secher
Publisher: Bloomsbury Publishing
Total Pages: 542
Release: 2014-12-01
Genre: Law
ISBN: 1782253769

Download Aboriginal Customary Law: A Source of Common Law Title to Land Book in PDF, Epub and Kindle

Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).

Captive Court

Captive Court
Author: Ian Bushnell
Publisher: McGill-Queen's Press - MQUP
Total Pages: 619
Release: 1992-10-08
Genre: History
ISBN: 0773563016

Download Captive Court Book in PDF, Epub and Kindle

Throughout his study, Bushnell investigates the question of the absence of an independent judicial tradition in Canada and the development of distinct legal doctrine by the Supreme Court. He analyses the nature and cause of the lack of independent thought that makes the Court "captive" to inherited traditions and legal doctrines and prevents it from achieving its true potential within the Canadian legal system. Previous studies of the Court have concentrated on the years after 1949; by expanding the coverage to include the first three-quarters of a century of the Court's existence, Bushnell has uncovered a critical aspect of Canadian legal history. Bushnell provides an analysis of more than eighty cases decided by the Court between 1876 and 1989. He examines the backgrounds and views of the sixty-seven judges who served on the Supreme Court during this period, evaluating both the role they felt they played in Canadian society and the role others expected them to play. He studies the question of the right of appeal to the Judicial Committee of the Privy Council and its effect on the Supreme Court, as well as the movement toward the abolition of appeal. In the concluding part of the study Bushnell considers the controversy over the demand for impartial justice, criticism of the judiciary, and the judges who will take the Court into the twenty-first century.

The Right to Privacy in Employment

The Right to Privacy in Employment
Author: Marta Otto
Publisher: Bloomsbury Publishing
Total Pages: 243
Release: 2016-11-03
Genre: Law
ISBN: 1509906126

Download The Right to Privacy in Employment Book in PDF, Epub and Kindle

At the beginning of the twenty-first century the term 'privacy' gained new prominence around the world, but in the legal arena it is still a concept in 'disarray'. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees' privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees' privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.

Black Slavery in the Maritimes: A History in Documents

Black Slavery in the Maritimes: A History in Documents
Author: Harvey Amani Whitfield
Publisher: Broadview Press
Total Pages: 170
Release: 2018-05-15
Genre: History
ISBN: 1770486879

Download Black Slavery in the Maritimes: A History in Documents Book in PDF, Epub and Kindle

Many thousands of black people were enslaved in the Maritimes, Quebec, and Upper Canada between the seventeenth and early nineteenth centuries. It is not surprising that slavery played a part in Canadian history, but it is startling that it has not received widespread attention from the general Canadian public or from historians. This sourcebook collects a variety of documents, including runaway-slave advertisements, letters, court cases, and official government documents, offering readers an opportunity to explore black slavery in the Maritimes and revise their understanding of Canadian history.

Educating Judges

Educating Judges
Author: Livingston Armytage
Publisher: BRILL
Total Pages: 250
Release: 2023-07-24
Genre: Law
ISBN: 9004639691

Download Educating Judges Book in PDF, Epub and Kindle