Paths To The Bench

Using the judiciary of Manitoba as a model, Paths to the Bench examines the political nature of Canada's judicial appointment process and suggests that ability alone seldom determined who went to the bench. In fact, many of Manitoba's early judges spent little time actually practising law, since professional merit was not a criterion for judicial appointments. Rather, it was relationships with influential mentors and communities that ensured appointments and ultimately propelled careers. Brawn offers an in-depth analysis of how the paths to the bench of competent and connected and less competent and connected lawyers differed. This book is one of the few studies to examine why many of the best and brightest members of the bar either did not want to go to the bench, or if they did, why they did not get there.

In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.

What do you do if you want to sue someone in Small Claims Court, or you've been served with an eviction notice, or someone is harassing you, or barraging you with texts and emails, or you're the victim in an automobile accident, or you've been arrested? When do you need a lawyer, how do you find the right one, what questions should you ask, and what can you expect from your lawyer? This book will answer all these questions and more. It will provide you with essential guidelines and practical tools you will need to navigate through the legal system, thus saving you both time and money. Real stories and cases are used to illustrate the concepts in this book. Using the principles of Universal Law, this book will also help you learn to turn an unfortunate situation into an opportunity for personal growth.For more than half a century, Judge Herb Dodell, has served as both a successful attorney in the "trench," and as a Superior Court Judge Pro Tem on the "bench," having presided over more than 10,000 cases. As a lawyer, he has tried more than one hundred jury trials, civil and criminal, in both state and federal courts, and has successfully argued before the California Supreme Court.

'The Common Law' is a book that was written by Oliver Wendell Holmes Jr., 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures. One of the most famous aphorisms to be drawn from this book occurs on the first page: "The life of the law has not been logic: it has been experience."

Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies.

The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn’t the case when Prime Minister Stephen Harper selected Justice Marc Nadon – a federal court judge – for appointment to Canada’s highest court. Here, for the first time, is the complete story of “the Nadon Reference” – one of the strangest sagas in Canadian legal history. The Tenth Justice offers a detailed analysis of the background, issues surrounding, and legacy of the Reference re Supreme Court Act, ss 5 and 6.

Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.