September 2006
Monthly Archive
Canadian Constitutional Law #2: Underlying Principles of the Constitution Saturday, Sep 23 2006
1L and Canadian Constitutional Law and Erin Morgan and McGill Faculty of Law 10:55 pm
If important parts of the constitution are unwritten, what are the sources of these informal componants? In this episode, I discuss the Supreme Court Reference Regarding the Secession of Quebec (1998), a document in which the supreme court identifies four principles underlying the constitution. We then look at the Montfont Hospital case as an example of how later court cases have relied on the secession reference.
Montfort Hospital v. Commission de Restructuration des Services de Sante (1999)
Reference Regarding the Secession of Quebec (1998)
Listen Now:
Standard Podcast [24:41m]: Play Now | Play in Popup | Download Ira Krakow's "Is a Written Constitution Essential for a Democracy?" [5:42m]: Play Now | Play in Popup | DownloadLaw School Experience #3: The Closed Memo Saturday, Sep 23 2006
Law School Experience and Marc Montgomery 8:49 pm
I have received my first assignment for my legal research and writing class, namely the ‘closed memo.’ In this short episode I try to give listeners some idea of what this assignment entails.
Law School Experience #2: Canadian Law Schools Saturday, Sep 23 2006
Erin Morgan and Law School Experience 8:32 pm
In this episode, Erin Morgan talks about Canadian law schools, and the application process for getting into them.
News and Views #19: Introducing Erin Morgan Sunday, Sep 17 2006
Erin Morgan and News and Views 8:10 pm
I am pleased to formally introduce Erin Morgan. Erin, a 1L from McGill University in Montreal, will be recording on Canadian Constitutional Law. She intends to practice international law upon graduation.
Canadian Constitutional Law #1: Constitutional Documents Sunday, Sep 17 2006
1L and Canadian Constitutional Law and Constitutional Law and Erin Morgan and McGill Faculty of Law 8:08 pm
In the first episode of Canadian Constitutional Law, I explain which documents are formally included in the written constitution, and discuss the key points of the major two documents, the Constitution Act 1867 (formerly known as the BNA Act) and the Constitution Act 1982. The latter document also includes the Charter of Rights and Freedoms, which will be discussed in more detail in future episodes.
Constitution Act 1867
British North America Act 1867
Canada Act 1982
Constitution Act 1982
Charter of Rights and Freedoms (1982)
Statute of Westminster (1931)
Regina v Drybones (1970)
Torts (Marc) #6: Trespass to Land Saturday, Sep 16 2006
1L and Marc Montgomery and Torts and Tulane University Law School 3:03 am
Trespass to land is the next intentional tort on my agenda and here we see that the intent requirment for an action of trespass to land is less exacting than in the forms of actions previously discussed.
Dougherty v. Stepp
Bradley v. American Smelting and Refining Co.
Torts (Marc) #5: Intentional Infliction of Emotional Distress Saturday, Sep 16 2006
1L and Marc Montgomery and Torts and Tulane University Law School 3:02 am
In this episode I discuss a form of action that has been recognized by the courts relatively recently, intentional infliction of emotional distress.
State Rubbsish Collectors Ass’n v. Siliznoff
Slocum v. Food Fair Stores of Florida
Harris v. Jones
Torts (Marc) #4: False Imprisonment Saturday, Sep 16 2006
1L and Marc Montgomery and Torts and Tulane University Law School 3:01 am
As we have seen intentional torts differ from actions based on negligence in that the plaintiff is not required to show damages. This basis for this distinction is that intentional torts involved the invasion of a inviolable right. False imprisonment address an invasion of one’s freedom to exit a location that has become undesirable.
Big Town Nursing Home, Inc. v Newman
Parvi v. City of Kingston
Hardy v. LaBelle’s Distributing C.
Enright v. Groves
Whittaker v. Sandford
News and Views #18: Introducing Marc Montgomery Saturday, Sep 16 2006
Marc Montgomery and News and Views 2:50 am
I am pleased to formally introduce Marc Montgomery. Marc, a 1L from Tulane, recorded the three episode Maritime Law podcast, and is currently producing a Torts feed. He intends to practice maritime law upon graduation.
Property Law #28: Easements III Saturday, Sep 16 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 12:30 am
We conclude our discussion of easements by examining, among other things, the scope of an easement.
Brown v. Voss