Controversies In The Common Law

Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.

Criminal Law: Case Studies and Controversies eschews traditional reliance on judicial opinions in favor of an innovative and dynamic method of criminal law instruction that is centered on statutory interpretation and case studies. Examination of real-world problems allows first-year law students to not only develop familiarity with the criminal law doctrine necessary for potential careers as prosecutors or defense attorneys, but also hone crucial skills for lawyering in general. Provocative case studies provide background for engaging class discussion and challenge students to tackle applying doctrine in real-world situations. When useful, the book provides actual cases from a variety of jurisdictions to further illuminate the concepts with which students have already been forced to grapple. New to the Fifth Edition: Additional and updated case studies and discussion material informed by the professors’ teaching experiences and designed to reinforce issues at the forefront of modern criminal law Streamlined chapters throughout the whole casebook for a more efficient and concise textbook. Professors and students will benefit from: Use of an innovative case studies method – Each topic area includes a detailed story about the people and events leading up to the offense Inclusion of photographs related to the crimes so students can better contextualize issues “Core opinions” of central historical, theoretical, or doctrinal importance in each subject-area section Provocative and timely principal cases from a wide variety of jurisdictions, each followed by the statutes that existed in the jurisdiction at the time of the offense Treatise-like summaries of law in each topic area give students an overview of the law, introduce the underlying theoretical principles, and provide context

The book explores the relationship between Muslims, the Common Law and Sharīʽah post-9/11. The book looks at the accommodation of Sharīʽah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʽah by looking at how the flexibilities that exists in both the Common Law and Sharīʽah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Sharīʽah is not necessarily one that requires the establishment of a separate and parallel legal system.

Brings an innovative approach to case analysis, statutory interpretation, and applying the principles of criminal law. Uses an innovative case studies method. Each topic area includes a detailed story about the people and events leading up to the offense. Includes 120 photographs related to the crimes. --Core opinions ""of central historical, theoretical, or doctrinal importance"" are provided in each subject-area section. Includes provocative and timely principal cases from a wide variety of jurisdictions, each followed by the statutes that existed in the jurisdiction at the time of the offense. Reproduces any court opinions in the case, so teachers can compare their in-class legal analysis to how the case was resolved in real life. Treatise-like summary of law in each topic area gives students an overview of the law, introduces the underlying theoretical principles, and provides context. Real world problem cases test students' mastery of the legal summaries and an important vehicle for class discussions. Each section identifies issues of current controversy and an advanced issues appendix includes excerpts from the literature on each side of the issue. New to the Third Edition Updating and adding to many of the overview sections to reflect changes in law and to add topical issues Editing the story narratives for a cleaner read and clearer presentation of the facts Selective revisions to the issues and materials as suggested by Robinson's own teaching and the comments of users Adding new material on the selected topics, such as restorative justice, suicide and assisted suicide, possession offenses, corporate criminality child pornography, computer fraud, identity theft, illegal prescription drugs, and cyberbullying, common law concepts of ""general intent"" and ""specific intent""

This book presents a collection of leading common law cases in private international law ranging from the 18th to the 21st century. The cases traverse issues of jurisdiction, choice of law and the recognition and enforcement of foreign judgments. Questions of marital validity, domicile, foreign immovable property and choice of law in contract are just some of the topics that this collection examines. The 'unusual factual situations' of some 18th- and 19th-century English cases also reveal compelling human interest stories and political controversies worthy of further exploration. Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada, Ireland and South Africa.

"I highly recommend this textbook to any instructor of an introductory criminal law course. It provides a concise overview of the law and introduces students to the complexities of the law in practice by providing case scenarios. This is an excellent textbook with beneficial supplementary online resources." —Erin C. Heil, Southern Illinois University Edwardsville A book that students find interesting and instructors consider educationally valuable, the Fifth Edition of Contemporary Criminal Law combines traditional concepts with thought-provoking cases and engaging learning tools. The text covers both foundational and emerging legal topics such as terrorism, gangs, cybercrime, and hate crimes, illustrated by real-life examples that students connect with. Clear explanations of criminal law and defenses are complemented by provocative, well-edited cases followed by discussion questions to stimulate critical thinking and in-class discussion. The book provides a contemporary perspective on criminal law that encourages students to actively read and analyze the text. The Fifth Edition is enhanced throughout by new cases that offer the most up-to-date coverage of evolving legal opinions and developments in criminal law. Bundle Lippman’s texts and save! We’ve made it easy for students to get Striking the Balance all in one convenient package at a student-friendly price. When bundled with the new edition of Contemporary Criminal Law, students receive a 20% discount. Use ISBN: 978-1-5443-4269-6 Give your students the SAGE edge! SAGE edge offers a robust online environment featuring an impressive array of free tools and resources for review, study, and further exploration, keeping both instructors and students on the cutting edge of teaching and learning. Learn more at edge.sagepub.com/lippmanccl5e.

This book is the one place to find unprecedented access to case-law, doctrinal debates and comparative reflections on vicarious liability from across the common law world. The doctrine of vicarious liability, that is strict liability for the torts of others, represents one of the most controversial areas of tort law. Unsurprisingly it is a doctrine that has been discussed in the highest courts of common law jurisdictions. This collection responds to uncertainties as to the operation of vicarious liability in twenty-first century tort law by looking at key common law jurisdictions and asking expert scholars to set out and critically analyse the law, identifying factors influencing change and the extent to which case-law from other common law jurisdictions has been influential. The jurisdictions covered include Canada, England and Wales, Australia, Singapore, Ireland, Hong Kong and New Zealand. In providing critical analysis of this important topic, it will be essential and compelling reading for all scholars of tort law and practitioners working in this field.