Popular Beverley Mclachlin Books 2021

Beverley Mclachlin

Who is Beverley Mclachlin?

Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th Chief Justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position. She is considered by many to be among the finest legal minds in the history of the Supreme Court.In July 2018, McLachlin began a three-year term as a non-permanent judge on the Hong Kong Court of Final Appeal, the first Canadian jurist nominated to the post. She was re-appointed for a second three-year term in 2021. Early life and education McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were "fundamentalist Christians" of the Pentecostal Church. She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the Alberta Law Review) from the University of Alberta. She was called to the bar of Alberta in 1969, and to the Bar of British Columbia in 1971. McLachlin practised law from 1969 until 1975. From 1974 to 1981, she was a professor at the University of British Columbia. McLachlin has one son, Angus (born 1976), from her first marriage to Roderick McLachlin, who took care of much of Angus's upbringing. Roderick McLachlin died of cancer in 1988, a few days after she was appointed chief justice of the B.C. Supreme Court. In 1992, McLachlin married Frank McArdle, a lawyer and the executive director of the Canadian Superior Courts Judges Association. Judicial career Canada In April 1981, McLachlin was appointed to the County Court of Vancouver. Five months later, in September 1981, she was appointed to the Supreme Court of British Columbia. In December 1985, McLachlin was appointed to the British Columbia Court of Appeal. In September 1988, McLachlin was appointed Chief Justice of the Supreme Court of British Columbia. She was nominated by Brian Mulroney to be made a puisne justice to the Supreme Court of Canada on March 30, 1989. On the advice of Jean Chrétien, McLachlin was appointed the chief justice of Canada on January 7, 2000.Upon being sworn into the Supreme Court of Canada, she also became a deputy of the Governor General of Canada together with the other justices of the Supreme Court. When Governor General Adrienne Clarkson was hospitalized for a cardiac pacemaker operation on July 8, 2005, McLachlin performed the duties of the governor general as the administrator of Canada. In her role as administrator, she gave royal assent to the Civil Marriage Act which legalized same-sex marriage nationally in Canada. She relinquished that task when the governor general returned to good health in late July. While she was Chief Justice, McLachlin chaired the Canadian Judicial Council. She is also on the board of governors of the National Judicial Institute and on the advisory council of the Order of Canada. She is a member of the Queen's Privy Council for Canada. McLachlin was made a commander of the Legion of Honour by the government of France in 2008. On December 15, 2006, she was appointed a commander of the Venerable Order of Saint John.In July 2013, during the consultation period prior to appointment for Marc Nadon, Chief Justice McLachlin contacted justice minister Peter MacKay and the Prime Minister's Office regarding the eligibility of Marc Nadon for a Quebec seat on the Supreme Court. Prime Minister Stephen Harper stated that he had refused a phone call from McLachlin on the attorney general's advice. Harper's comments were criticized by the legal community and a complaint was forwarded to the International Commission of Jurists in Switzerland. The International Commission of Jurists concluded that Beverly McLachlin deserved an apology from Harper, but none had been given as of July 2014.In May 2015, McLachlin was invited to speak at the Global Centre for Pluralism, and said that Canada attempted to commit "cultural genocide" against aboriginal peoples in what she called the worst stain on Canada's human-rights record. University of Regina academic Ken Coates supported McLachlin, and said that she was "only stating what is clearly in the minds of judges, lawyers and aboriginal people across the country". Others were less sympathetic. Columnist Lysiane Gagnon called the comments "unacceptable" and "highly inflammatory" and suggested that McLachlin had opened herself up to accusations of prejudice. Gordon Gibson, another columnist, said the use of the word "genocide" was incendiary and disproportionate and that the Chief Justice's comments made her sound like a legislator.McLachlin retired from the Supreme Court on December 15, 2017, nine months before reaching the mandatory retirement age of 75. Her successor as Chief Justice of Canada is Richard Wagner, who was nominated by Prime Minister Justin Trudeau in 2017. Her successor as a justice of the court is Sheilah Martin, who was nominated by Prime Minister Justin Trudeau through a new process for judicial appointments to the Supreme Court of Canada that permitted, "any Canadian lawyer or judge who fits a specified criteria" to apply. Hong Kong McLachlin was nominated in March 2018 to become a non-permanent member of the Court of Final Appeal in Hong Kong. The court appoints foreign judges from common-law jurisdictions outside of Hong Kong, of which McLachlin is the first Canadian, to sit as non-permanent members of the court. Her three-year appointment was approved by the Hong Kong Legislative Council, and the chief executive gazetted the appointment effective July 30, 2018. McLachlin's appointment was accompanied by those of Brenda Hale, also as non-permanent judge, and Andrew Cheung, as permanent judge, at the court. She was reappointed to the court in 2021 for a second three-year term. Her service on the court has been criticized amidst the Hong Kong pro-democracy protests and imposition of the National Security Law, which is seen by Western observers as threatening civil liberties in the city. As a Court of Final Appeal judge, McLachlin would be required to uphold the law in appellate judgements. A motion at the Law Society of Ontario to condemn her appointment was defeated 28-17 in February 2021. Judicial philosophy McLachlin defined judicial function as one that requires conscious objectivity, which she described as follows: What you have to try to do as a judge, whether you're on charter issues or any other issue, is by an act of the imagination put yourself in the shoes of the different parties, and think about how it looks from their perspective, and really think about it, not just give it lip service. McLachlin argued that courts may be justified in changing the law where such a change would accord with changes in society's values. She regards Edwards v Canada (Attorney General), in which the Judicial Committee of the Privy Council found that women were entitled to sit in the Senate of Canada, as a paradigm case in Canadian law. She said "courts are the ultimate guardians of the rights of society, in our system of government." She also stated, "I think the court belongs to the Canadian people and it should reflect the Canadian people."Jamal argued that McLachlin's jurisprudence on the law of federalism was consistent with her "self-described judicial philosophy", namely that judges are to be "scrupulously non-partisan and impartial". McLachlin also defended the view that "legal certainty"—the notion that there is one correct answer to a legal question, which judges can discover with diligence—is a "myth". Writing In 2018, McLachlin published a legal thriller novel titled Full Disclosure. Her memoir Truth Be Told: My Journey Through Life and the Law was published in 2019, and won the Shaughnessy Cohen Prize for Political Writing in 2020. Honorary degrees and other awards McLachlin is the honorary patron of the Institute of Parliamentary and Political Law. From 2016 to 2020, she was a college visitor at Massey College. In 2017, she was elected Visitor of Queens' College, Cambridge. She has been awarded with over 31 honorary degrees from various universities, which include: Order of Saint John – CommanderMemberships and fellowships See also List of Supreme Court of Canada cases (McLachlin Court)Selected publications Books McLachlin, Beverley M.; Wallace, Wilfred J. (1987). The Canadian Law of Architecture and Engineering. Toronto: Butterworths. ISBN 9780433391609. McLachlin, Beverley (2018). Full Disclosure. Toronto: Simon & Schuster Canada. ISBN 9781501172793. McLachlin, Beverley (2019). Truth Be Told: My Journey Through Life and the Law. Toronto: Simon & Schuster Canada. ISBN 9781982104986.Articles McLachlin, Beverley (1990). "The Role of the Court in the Post-Charter Era: Policy-Maker or Adjudicator?". University of New Brunswick Law Journal. 39: 43–64. McLachlin, Beverley (1991). "The Charter: A New Role for the Judiciary". Alberta Law Review. 29 (3): 540–559. doi:10.29173/alr1544. ISSN 1925-8356. McLachlin, Beverley (2007). "The Charter 25 Years Later: The Good, the Bad, and the Challenges". Osgoode Hall Law Journal. 45 (2): 365–377. McLachlin, Beverley (June 2010). "Judging the 'Vanishing Trial' in the Construction Industry". Construction Law International. 5 (2): 9–14.References Further reading Fine, Sean (January 12, 2018). "How Beverley McLachlin found her bliss: Where she came from and what she leaves behind". The Globe and Mail. Retrieved July 12, 2021. Sean Fine talks to the recently retired Supreme Court chief justice, and weighs the impact of the legal architecture she helped set in placeSmith, C. Lynn (1996). "Beverley McLachlin". In Salokar, Rebecca Mae; Volcansek, Mary L. (eds.). Women in Law: A Bio-Bibliographical Sourcebook. Greenwood Press. pp. 159–170. ISBN 978-1-4294-7634-8. OCLC 70764020.External links Supreme Court of Canada biography

Negotiating with Difficult People.

Negotiating with Difficult People.

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INTRODUCTION This paper will first suggest a working description of a "difficult person." Second, it will describe the outward behaviors of such persons. Third, this paper will set out fi...

Davis V. United States: Why the Supreme Court Should Preserve Judicial Integrity and Prevent Further Erosion of the Exclusionary Rule.

Davis V. United States: Why the Supreme Court Should Preserve Judicial Integrity and Prevent Further Erosion of the Exclusionary Rule.

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I. INTRODUCTION "In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously." (1) For example, "a court's failure to apply a newly ...

Reshaping ADR Strategies for Today's Global Engineering and Construction Market

Reshaping ADR Strategies for Today's Global Engineering and Construction Market

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In its ongoing effort to strive for an understanding of the sources of disputes, as well as for the most current information as to how disputes are being resolved and could potentially be re...

Cultural Sensitivities in International Construction Arbitration.

Cultural Sensitivities in International Construction Arbitration.

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The author has often been asked how lawyers from one country can handle construction contract issues in a wide variety of foreign jurisdictions. The three key answers, of course, are that: (...

Enforcing Non-Compete Agreements in Alabama.

Enforcing Non-Compete Agreements in Alabama.

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INTRODUCTION Many businesses routinely require prospective applicants to execute non-compete agreements as a condition of employment. Employers use non-compete agreements to protect their fi...

The

The "Vanishing Trial": A Hayekian Perspective. (Decline of Civil Jury Trials, Friedrich Hayek)

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I. INTRODUCTION The "vanishing trial" is the conceptual metaphor academics use to describe the decline of civil jury trials over the past thirty years. (1) This term first appeared in a 2...

Judicial Cooperation and Legal Interpretation in European Union Tax Law.

Judicial Cooperation and Legal Interpretation in European Union Tax Law.

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I. INTRODUCTION The relationship between European Community (EC or Community) law and the national laws of its member states is complicated. The treaties establishing the European Communitie...

Sexting: Risky Or (F)Risky? an Examination of the Current and Future Legal Treatment of Sexting in the United States.

Sexting: Risky Or (F)Risky? an Examination of the Current and Future Legal Treatment of Sexting in the United States.

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"The spurned underage teen sulks in her bedroom, mourning the lost relationship with a boy. She doesn't want it to end. She loves him, or at least she thinks she does. She'll do anything to ...

The Pedagogy of

The Pedagogy of "Yes We can": Teaching Reformative Legal Justice in the Age of Obama (Fifth Annual Fred Gray Sr. Civil Rights Symposium)

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The following reflects comments delivered as part of the 5th Annual Fred Gray St. Civil Rights Symposium, Faulkner University, Thomas Goode Jones School of Law October 21, 2009. The American...

Echoes of the Impact of Webb V. Mcgowin on the Doctrine of Consideration Under Contract Law: Some Reflections on the Decision on the Approach of Its 75th Anniversary.

Echoes of the Impact of Webb V. Mcgowin on the Doctrine of Consideration Under Contract Law: Some Reflections on the Decision on the Approach of Its 75th Anniversary.

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I. INTRODUCTION "Consideration stands, doctrinally speaking, at the very center of the common law's approach to contract law." (1)

A New Automated Class of Online Dispute Resolution: Changing the Meaning of Computer-Mediated Communication.

A New Automated Class of Online Dispute Resolution: Changing the Meaning of Computer-Mediated Communication.

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INTRODUCTION Alternative Dispute Resolution (ADR) professionals, especially those specializing in Labor, have long dealt with the issue of automation. (1) The rapid rise of a new class of...

Judging the

Judging the "Vanishing Trial" in the Construction Industry: The Right Honourable Beverley Mclachlin, P.C., Chief Justice of Canada.

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Construction law is more than just sawdust, nails, and cement. To quote Philip Bruner, an eminent American construction lawyer: Not only is the field of construction law broad; it is ever...

Measuring the Value of Collegiality Among Law Professors (President's Page)

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PROLOGUE On Friday, February 12, 2010, Dr. Amy Bishop, an Assistant Professor of Biology at the University of Alabama Huntsville ("UAH"), opened fire during a faculty meeting, killing thr...

The Zero-Tolerance Discipline Plan and Due Process: Elements of a Model Resolving Conflicts Between Discipline and Fairness.

The Zero-Tolerance Discipline Plan and Due Process: Elements of a Model Resolving Conflicts Between Discipline and Fairness.

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The last two decades have seen public schools increasingly seeking effective means to manage both trivial and serious breaches of student behavior. (1) The means chosen from among the possib...

Parenting Coordination in Alabama: The Current Status.

Parenting Coordination in Alabama: The Current Status.

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I. INTRODUCTION Parenting Coordination has emerged across American and Canadian jurisdictions as a frequently used, court-ordered alternative dispute resolution (ADR) neutral role. These neu...

Administration of Justice Or the Preservation of Political Office: The Unconstitutionality of Judicial Override in Alabama Death Penalty Cases.

Administration of Justice Or the Preservation of Political Office: The Unconstitutionality of Judicial Override in Alabama Death Penalty Cases.

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INTRODUCTION Perhaps no other area of law generates as much debate and research as the death penalty. Death penalty research covers a wide range of topics, and seeks to understand the moral,...

Taking the Moral High Road: Why Embryonic Stem Cell Research should be Strictly Regulated.

Taking the Moral High Road: Why Embryonic Stem Cell Research should be Strictly Regulated.

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I. INTRODUCTION Human embryonic stem cell (hESC) research has been one of the most discussed topics in bioethics during the last several years, and the conflicts associated with the hESC con...

A Pragmatic Approach to Judicial Review of Informal Guidance Documents.

A Pragmatic Approach to Judicial Review of Informal Guidance Documents.

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I. INTRODUCTION In 1984, the United States Supreme Court revamped judicial review of agency statutory interpretation (1) in the landmark case of Chevron, U.S.A., Inc. v. Natural Resources De...

In Defense of the Civil Law: A Response to Hayek. (Economist Friedrich August Von Hayek)

In Defense of the Civil Law: A Response to Hayek. (Economist Friedrich August Von Hayek)

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Friedrich August von Hayek, a Nobel Prize winning economist, (1) became famous arguing against "central planning." (2) In addition to his work in economics, he wrote extensively on philosoph...

Bad Faith Breach of Contract in the Insurance Context and in the Oil and Gas Context: A Comparison.

Bad Faith Breach of Contract in the Insurance Context and in the Oil and Gas Context: A Comparison.

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PART I. THE INTRODUCTION In 2007, the Alabama Supreme Court issued Exxon Mobile Corporation v. Alabama Department of Conservation and Natural Resources; a fifty-one page opinion that begi...

Electoral College Reform and Voting Rights.

Electoral College Reform and Voting Rights.

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INTRODUCTION In 2007, North Carolina and California, two of the "Mega-States," (1) made efforts to alter the allocation of Electoral College votes. The North Carolina legislature considered,...

Digital Division: Levies As an Alternative to Traditional Copyright Enforcement Mechanisms.

Digital Division: Levies As an Alternative to Traditional Copyright Enforcement Mechanisms.

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I. THE RIAA FINDS IT IS NOT ALONE ON THE ISLAND When Internet file sharing technology began to threaten the record industry in the late 1990s, the industry fired a salvo of lawsuits at the s...

Overruling the Overwhelming-Necessity Standard for Modifications of Child Custody in Alabama: Ex Parte Cleghorn.

Overruling the Overwhelming-Necessity Standard for Modifications of Child Custody in Alabama: Ex Parte Cleghorn.

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I. INTRODUCTION In Alabama, a party seeking modification of a child custody arrangement must meet the McLendon standard, which requires the party seeking modification to demonstrate that a c...

The Obama Effect: A Pipeline Issue (Racial Profiling) (Fifth Annual Fred Gray Sr. Civil Rights Symposium)

The Obama Effect: A Pipeline Issue (Racial Profiling) (Fifth Annual Fred Gray Sr. Civil Rights Symposium)

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I live in Lonoke, a small town outside of Little Rock, Arkansas. My parents, both in their seventies, were born and raised in Arkansas between 1930 and 1950. This was a period when many Afri...

Garner V. Gerrish and the Renter's Life Estate: Teaching a New Concept of

Garner V. Gerrish and the Renter's Life Estate: Teaching a New Concept of "Home." (New York)

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"If you wish to secure for yourself a right not to be moved," says the law, "get yourself an estate in land. The longer the better." (1) INTRODUCTION

The Obama Election and a Blacker America: Lawfully Creating Tension for Change. (Pres. Barack Obama) (Fifth Annual Fred Gray Sr. Civil Rights Symposium)

The Obama Election and a Blacker America: Lawfully Creating Tension for Change. (Pres. Barack Obama) (Fifth Annual Fred Gray Sr. Civil Rights Symposium)

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INTRODUCTION What the election of President Obama means for America is widely debated. Some argue that it illustrates that America is now a post-racial society and people of color should ...