Alberta Law Review (ALR)
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Privacy Protection and Genetic Research: Where Does the Public Interest Lie?
Get PDFThere is significant public interest in the outcomes of genetic research. However, there is also a great deal of concern that genetic research and associated realms will foster the use and disclosure of personal health and genetic information in ways that undermine protected privacy interests. This article proposes that a balance must be struck between legitimate public interests implicated in the collection, use, and disclosure of genetic information for research purposes. The article also explores the tension between the public interest in genetic research and the protection of individual privacy in relation to different policy regimes and reviews existing statutory rules, case law, and administrative decisions on the public interest exception in Canadian privacy law
Sexual Assault Cases at the Alberta Court of Appeal: The Roots of Ewanchuk and the Unfinished Revolution
Get PDFThis article surveys rape law reform efforts in Canadian criminal law by mapping these changes onto the decisions of the Alberta Court of Appeal. First, the article outlines how decisions in the 1970s and 1980s reflected ideas and assumptions about sexual offences. It then traces how these ideas were challenged in law reform efforts in 1983 and 1992. Next the article turns to the definition of non-consent and the Ewanchuk case, and how the reasons at the Court of Appeal reflect evolving attitudes to sexual assault. Finally, the article ends with reflections on sexual assault law following the Ewanchuk decision
Subrogation in the Rear-View: Evaluating Alberta\u27s Current Approach to Automobile Liability Insurance for Impaired Drivers
Get PDFIn Alberta, automobile insurers are required to indemnify an insured up to policy limits for injury or property damage to third parties for which the insured is liable. Prior to 1 June 1982, insurers could demand reimbursement for third party liability payments if the insured driver caused loss while under the influence of drugs or alcohol. However, the Insurance Amendment Act removed the right of insurers to recover these sums. This article evaluates this amendment by considering its impact on the public policy objectives ordinarily associated with subrogation, and argues that, compared to the previous approach, Alberta’s current system of third party liability coverage better serves the objectives of subrogation
Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401
Get PDFNo abstract available
Twelve Bottles of Whiskey
Get PDFThis article provides an in-depth analysis of the history of certiorari and judicial review as it pertains to the rule of law. The article opens with a brief examination of the conviction of Nat Bell Liquors Ltd. during prohibition-era Edmonton in 1920, and explains how twelve bottles of whiskey brought about a sea change in the foundational law of Canada. The article details the development of judicial review,beginning in thirteenth century United Kingdom, noting its progression and change over the course of centuries. The article provides an account of certiorarias a replacement avenue where appeal is not available, and highlights notable Canadian jurisprudence from the early twentieth century to the present day
The Great Disconnect: Reconnecting the Academy to the Profession
Get PDFThis article examines what the author calls “the great disconnect” between law schools and the profession. After a discussion of the purpose of law school and the current status of the academy and articling, the article traces the history of the relationship between law faculties and the profession over the past century. This relationship has, for the past 50 years, resulted in little connection between the academy and the profession. Recent efforts by the Federation of Law Societies of Canada to regulate curriculum have now made the relationship more important than ever.The author looks at the effect the great disconnect has had on Canadian law schools and makes a number of recommendations on their future relationship with the profession, including institutional links with law societies and the Canadian Bar Association. Curriculum reform can also help bridge the great disconnect by implementing an integrated approach to legal education proposed by the Carnegie Foundation for the Advancement of Teaching, an approach that is being implemented in many law schools across the United States
Qualitative Research on Legal Education: Studying Outstanding Law Teachers
Get PDFThis article advocates that law schools and law teachers should use high quality, rigorous, qualitative research to help them make thoughtful changes in response to current challenges facing legal education. Regardless of the type of study, qualitative research involves a five stage process: (1) study design and ethics; (2) sampling; (3) data collection; (4) data analysis; and (5) the research report.This article illustrates each stage of the qualitative research process through a study of outstanding law teachers that was reported in the recent book, What the Best Law Teachers Do. This book is based on a study that was designed to identify the characteristics and practices of extraordinary law teachers who have significant, positive, long-term effects on their students
Taking the Instruction of Law Outside the Lecture Hall: How the Flipped Classroom Can Make Learning More Productive and Enjoyable (for Professors and Students)
Get PDFThis article addresses the viability and utility of the “flipped classroom” concept in law school classrooms. The author argues that video capsules, as a means to lecture outside of the classroom, are an effective way to teach the so-called Generation Y and reclaim the classroom. By using class time to concentrate almost entirely on problem-solving, students are more focused and engaged in the material. Although technologies create certain challenges for the future of legal education, the potential to reinvent the way course material is delivered will help law faculties reach a generation of students that are proving difficult to inspire using traditional means