Description
Book SynopsisControversies in the Common Law identifies some of the thorniest problems in private and public law, and explains how Chief Justice Beverley McLachlin addressed them by applying a common law approach to judging.
Table of ContentsIntroduction: Controversies in the Common Law—Innovative Solutions and Future Challenges at the Supreme Court of Canada Vanessa Gruben, Graham Mayeda and Owen Rees 1. Reflecting on the Legacy of Chief Justice Mclachlin Lady Brenda Hale, Baroness of Richmond, President of the Supreme Court of the United Kingdom 2. Justice Beverley McLachlin and Tort Law: The Good, the Bad, and the Puzzling Bruce Feldthusen 3. Evaluating Chief Justice McLachlin’s Decisions on “Residual Policy Considerations” in Negligence Erika Chamberlain 4. Controversey Resolved: Chief Justice Mclachlin, Personal Autonomy, & Unjust Enrichment Mitchell McInnes 5. Selective Deference and the Judicial Role: Chief Justice McLachlin’s Legacy for Law and Legal Education David Sandomierski 6. Combatting Stereotyping & Facilitating Justice: McLachlin’s Vision for the Law of Evidence David M. Tanovich 7. The Continuity of Private and Public Law Reasoning in Chief Justice McLachlin’s Criminal Law Judgments Graham Mayeda 8. Less is More: Chief Justice McLachlin and Criminal Law Minimalism Matthew R. Gourlay 9. Controversies in the Common Law of Judicial Review: Tracing the Contributions of Chief Justice McLachlin Adam Goldenberg 10. The McLachlin Court and the Concept of Open Justice Eszter Bodnar
