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Life of a Law Student: All Feeds

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Language: English
Category: Education / Education
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The Life of a Law Student podcasts chronicle the material presented to and learned by Neil Wehneman, a student at the University of Cincinnati's College of Law. Feeds are segmented by course.


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Canadian Constitutional Law #23: Approaches to Charter Interpretation
Well, it’s February and we made it to the Charter (if I only I could make it to spring break…) In this podcast we’ll talk about the advent of the Charter and some approaches the court has developed for its interpretation. Interpreting a constitutional document is different from regular statute interpretation, so Dickson [...]...

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[ Sat, 10 Feb 2007 19:13:11 +0000 ]


Canadian Constitutional Law #22: Implied (and Real) Bill of Rights
In this podcast we first look at the implied bill of rights, a concept drawn from a series of cases that seem to hint at the idea that there is a sphere of fundamental freedoms needed for a democracy which is beyond the reach of the provincial (and perhaps also the federal) government. Then [...]...

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[ Sat, 10 Feb 2007 19:12:46 +0000 ]


Canadian Constitutional Law #21:Racism in the Law, Pre-Charter Era
In this podcast we will look at three cases as examples of how racism in the law was dealt with before the charter entrenchment of rights. Without a constitutional document protecting rights, we see that the court can only strike racist legislation on the basis of division of powers. Both the JCPC and [...]...

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[ Sat, 10 Feb 2007 19:12:21 +0000 ]


Canadian Constitutional Law #20: International Economic Obligations
In this podcast we discuss some of Canada’s international economic agreements, and how they are impacted by division of power issues regarding the economy. We will look at some ways in which the constitution is “amended” in practice - that is, the methods that may be employed to achieve a distribution of power between [...]...

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[ Sat, 10 Feb 2007 19:11:56 +0000 ]


Foundations of Canadian Law #6: The Hart-Fuller Debate
This podcast we will do a brief overview of the Hart-Fuller debate. What happens when two overeducated professors duke it out in the Harvard Law Review? Hart defends the positivist stance that law and morality are seperate, while Fuller maintains that law must encompass a certain amount of morality to explain its binding [...]...

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[ Thu, 01 Feb 2007 02:10:21 +0000 ]


Foundations of Canadian Law #5: Rules and Obligations
As Foundations abruptly stops being simple, I attempt to explain the philosophies of HLA Hart and Ronald Dworkin regarding the nature of law, legal systems, and the source of our obligations to obey. Hart’s positivism views law as seperate from morality (more on this next podcast), and explains obligations as a product of social [...]...

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[ Thu, 01 Feb 2007 02:09:54 +0000 ]


Foundations of Canadian Law #4: Conceptions of Justice
What is justice? Is it the same as law? What happens when laws are unjust or harmful to us? In this episode we discuss Aristotle’s Ethics, Plato’s Republic and Dialogues, and Sophocles’ Anitgone. We will discuss different conceptions of justice, and the moral dilemna that arises in regards to obeying laws which [...]...

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[ Thu, 01 Feb 2007 02:09:01 +0000 ]


Foundations of Canadian Law #3: Aboriginal Title
This podcast we look atthe landmark Delgamuukw case, in which the Supreme Court recognized the aboriginal title held by several First Nations in BC. This title is not the same as ownership, it is the sui generis right to exclusive use and occupation of the land, inalienable but to the crown. (If [...]...

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[ Thu, 01 Feb 2007 00:57:02 +0000 ]


Maritime Law #4: Recovery of Non-Pecuniary Damages (with Prof. Force)
If you have taken civil procedure or listened to one of Neil’s podcasts on the subject, you may be familiar with the Erie doctrine.  In matters of admiralty law, the reverse Erie doctrine applies; common law is created by the federal judiciary.  Such federal common law rules are even binding on state courts hearing an [...]...

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[ Thu, 01 Feb 2007 00:19:03 +0000 ]


Constitutional Law (Samuel) #1: Standing
Plaintiffs have standing when the court finds that there is (I) an legally-recognised harm to the plaintiff, (II) a reasonable causal connexion between the injury to the plaintiff and the complained-of conduct of the defendant, and (III) a likelihood that an affirmative ruling will vindicate the rights of the plaintiff....

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[ Sun, 28 Jan 2007 17:54:15 +0000 ]


Canadian Constitutional Law #19: Economic Regulation II
In our second podcast on economic regulation, we look at the federal government’s power to legislate for trade under sec 91(2), control over trade and commerce.  Beginning with the parsons case, this has been interpreted as containing 2 branches: power over international or interprovincial trade and commerce, and a second branch of power over general [...]...

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[ Thu, 25 Jan 2007 03:44:02 +0000 ]


Canadian Constitutional Law #18: Economic Regulation I
Who has jurisdiction over economic regulation?  This is an area that could fit under the federal power of trade and commerce (sec91(2)), or the provincial power over property and civil rights (sec92(13)).  In general, intraprovincial trade is considered to be a provincial matter and interprovincial and international trade is considered a federal matter.  In the [...]...

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[ Thu, 25 Jan 2007 03:40:07 +0000 ]


Foundations of Canadian Law #2: Court System
In this episode we look at the structure of the court system in Canada. The most important feature to remember is that Canada is a unified (as opposed to a dual) court system. So our courts sit in direct hierarchies, with the Supreme Court serving as the final court of appeal for both federal and [...]...

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[ Tue, 16 Jan 2007 02:13:55 +0000 ]


Foundations of Canadian Law #1: Civil Law History
This is the first podcast in a class called Foundations of Canadian Law at McGill University. In Foundations we tend to cover a wide variety of topics related to law such as philosophy, aboriginal title, history, rights, rules and morals, etc., so many of these episodes can stand alone. In this short episode, I talk [...]...

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[ Tue, 16 Jan 2007 02:12:38 +0000 ]


Canadian Constitutional Law #17: Provincial Regulation of Morality
Nude dancing, prostitution and stamping out communism are just some of the issues the provinces have attempted to tackle. Since morality is considered a valid criminal purpose (see Margarine reference from episode 15 of the last term’s podcasts), and criminal law is a federal power, how have the courts interpreted provincial attempts to regulate [...]...

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[ Tue, 16 Jan 2007 02:02:12 +0000 ]


Canadian Constitutional Law #16: Review
In about 40 minutes we recap the whole term. We will begin term two in January with provincial regulation of morality. Download Standard Podcast...

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[ Thu, 21 Dec 2006 00:34:20 +0000 ]


Canadian Constitutional Law #15: Federal Criminal Power
Under 91(27) the federal government has the plenary (total) power to make criminal laws for Canada. This power has been interpreted very broadly by the courts to include legislation that can appear more regulatory than criminal so long as it contains a prohibition and punishment, with a valid purpose (usually protecting the public from an [...]...

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[ Thu, 21 Dec 2006 00:33:24 +0000 ]


Canadian Constitutional Law #14: POGG National Concern
To conclude our discussion of POGG, we will look at the second major branch of this concept as national concern. What makes something national concern? What criteria must it meet? The foundational case on this subject is R v Crown Zellerbach Ltd, in which justice Le Dain establishes a test to determine whether an area [...]...

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[ Thu, 21 Dec 2006 00:31:34 +0000 ]


Canadian Constitutional Law #13: POGG Emergency
The federal government has the power to make lakes for the “Peace Order and Good Governance” (POGG) of the country under s91. But what does this mean? In the first of two podcasts on POGG we will look at POGG as an emergency power, as seen in the Laskin-Beetz debate in the Anti-Inflation Reference 1976. Reference [...]...

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[ Thu, 21 Dec 2006 00:29:58 +0000 ]


Canadian Constitutional Law #16: Review
In about 40 minutes we recap the whole term. We will begin term two in January with provincial regulation of morality.Download the episode(41:17)...

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[ Fri, 15 Dec 2006 19:20:00 -0600 ]


Canadian Constitutional Law #15: Federal Criminal Power
Under 91(27) the federal government has the plenary (total) power to make criminal laws for Canada. This power has been interpreted very broadly by the courts to include legislation that can appear more regulatory than criminal so long as it contains a prohibition and punishment, with a valid purpose (usually protecting the public from an "evil"). Legislation has even been upheld as criminal when it appears the federal government intended it to be considered under POGG. This is the last new t...

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[ Fri, 15 Dec 2006 19:11:00 -0600 ]


Canadian Constitutional Law #14: POGG National Concern
To conclude our discussion of POGG, we will look at the second major branch of this concept as national concern. What makes something national concern? What criteria must it meet? The foundational case on this subject is R v Crown Zellerbach Ltd, in which justice Le Dain establishes a test to determine whether an area of jurisdiction meets the criteria for national concern. We will look at this test and a few other cases relating to POGG.Download the episode(23:03)...

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[ Thu, 14 Dec 2006 20:58:02 -0600 ]


Canadian Constitutional Law #13: POGG Emergency
The federal government has the power to make lakes for the "Peace Order and Good Governance" (POGG) of the country under s91. But what does this mean? In the first of two podcasts on POGG we will look at POGG as an emergency power, as seen in the Laskin-Beetz debate in the Anti-Inflation Reference 1976.Download the episode(29:39)...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Wed, 29 Nov 2006 21:01:00 -0600 ]


Canadian Constitutional Law #12: Paramountcy Doctrine
This is the last doctrine for a while! Paramountcy dictates that in areas of concurrent jurisdiction (remember the double aspect doctrine?), if there is a conflict between statutes the federal government will have final say. In this podcast will we observe a drunk driver have his licence both suspended and restricted (confusing, no?) [...]...

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[ Fri, 24 Nov 2006 09:48:00 +0000 ]


Canadian Constitutional Law #11: Interjurisdictional Immunity Doctrine
We continue our study of the many, many doctrines of Canadian Constitutional theory with the Interjurisdictional Immunity Doctrine, which exempts certain federal undertakings (think Bell Canada) from provincial laws which are otherwise valid. In this podcast you will learn: where labour laws go to die. what a hopeless anglo sounds like when she tries to read the [...]...

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[ Fri, 24 Nov 2006 09:41:00 +0000 ]


Canadian Constitutional Law #10: Ancillary Doctrine, Double Aspect Doctrine
In this podcast we celebrate the conclusion of my memo by studying two more doctrines! The Ancillary (also called Necessarily Incidental) doctrine is sometimes used to uphold a specific provision that infringes on another government’s jurisdiction when the provision is part of a larger valid scheme. The Double Aspect Doctrine is very commonly [...]...

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[ Fri, 24 Nov 2006 09:34:00 +0000 ]


Canadian Constitutional Law #12: Paramountcy Doctrine
This is the last doctrine for a while! Paramountcy dictates that in areas of concurrent jurisdiction (remember the double aspect doctrine?), if there is a conflict between statutes the federal government will have final say. In this podcast will we observe a drunk driver have his liscence both suspended and restricted (confusing, no?) and lament the fate of Saskatchewan farmers, who are often unappreciated by bureaucrats in Ottawa. Multiple Access v McCutchoen is also back by popular request....

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[ Thu, 23 Nov 2006 23:48:00 -0600 ]


Canadian Constitutional Law #11: Interjurisdictional Immunity Doctrine
We continue our study of the many, many doctrines of Canadian Constitutional theory with the Interjurisdictional Immunity Doctrine, which exempts certain federal undertakings (think Bell Canada) from provincial laws which are otherwise valid. In this podcast you will learn:-where labour laws go to die.-what a hopeless anglo sounds like when she tries to read the titles of french cases.-why my spell-check doesn't recognize Interjurisdictional as a word.Download the episode(17:51)...

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[ Thu, 23 Nov 2006 23:41:00 -0600 ]


Canadian Constitutional Law #10: Ancillary Doctrine, Double Aspect Doctrine
In this podcast we celebrate the conclusion of my memo by studying two more doctrines! The Ancillary (also called Necessarily Incidental) doctrine is sometimes used to uphold a specific provision that infringes on another government's jurisdiction when the provision is part of a larger valid scheme. The Double Aspect Doctrine is very commonly used to allow for concurrent jurisdictions of shared legislative power between the provinces and the federal government. The double aspects doctrine is ...

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[ Thu, 23 Nov 2006 23:34:00 -0600 ]


Constitutional Law II #31: Public Displays and Free Exercise
In this, our final episode for Constitutional Law II, we will examine public religious displays (such as nativity scenes and the Ten Commandments), as well as briefly consider the Free Exercise of religion. Lynch v. Donnelly (SCOTUS, 1984) Allegheny County v. Greater Pittsburgh ACLU (SCOTUS, 1989) Stone v. Graham (SCOTUS, 1980) McReary County v. ACLU of Kentucky (SCOTUS, 2005) Van [...]...

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[ Sat, 18 Nov 2006 22:16:00 +0000 ]

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