Judicious Restraint: The Life and Law of Justice Marshall E. Rothstein

ebook ∣ Volume 1

By Lisa M. Kelly

cover image of Judicious Restraint: The Life and Law of Justice Marshall E. Rothstein

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Format

ebook

Author

Lisa M. Kelly

Publisher

LexisNexis Canada

Release

02 December 2022

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Subjects

General Practice Canada

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This collection of papers dedicates itself to the legacy of The Honourable Justice Marshall Rothstein, who became a judge of the Supreme Court of Canada in 2006 and retired in 2015. The papers celebrate His Honour's contributions to the legal developments in many areas of the law.

Valuable insights

  • Contributions from leaders in a variety of capacities in the legal community, including judges, academia, and practitioners
  • Examines Justice Rothstein's roles and perspectives as displayed and expressed in his various judiciary capacities and appointments
  • Foreword written by Chief Justice Beverley McLachlin

    The collection of papers:

    Foreword – The Right Honourable Beverley McLachlin

    Introduction – Ivo Entchev & Lisa M. Kelly

    PART I: THE ROLE OF THE JUDGE

  • Judicial Activism and the Supreme Court of Canada in 2015 – Amir H. Ali
  • The Work of Ideology in Canadian Legal Thought – Lisa M. Kelly
  • A Lawyer's Judge: Justice Marshall Rothstein and the Rule of Law – Neil Finkelstein, Brandon Kain, Richard Lizius & Adam Goldenberg
  • The Entrenchment of Discretion: Prospects of Judicial Appointment Reform after a Trio of References – Josh Hunter & Padraic Ryan

    PART II: DEFINING DEFERENCE IN THE ADMINSITRATIVE STATE

  • Parliamentary Supremacy and the Rule of Law: Reflections on Justice Rothstein's Administrative Law Jurisprudence in an Age of Deference – Michael Fenrick, Jodi Martin & Daniel Rosenbluth
  • The Humility of Administrative Law: Marshall Rothstein's Prudent Vision – Lorne Sossin
  • Can Pragmatism Function in Administrative Law? – Jocelyn Stacey & Alice Woolley

    PART III: INTERPRETING PUBLIC AND PRIVATE LAW

  • From Rand to Rothstein: Labour Law, Fundamental Values and the Judicial Role – Brian Langille & Benjamin Oliphant
  • The Intellectual Property Opinions of Mr. Justice Rothstein – David Vaver
  • Our (Tax) Man in Ottawa: Justice Rothstein and the Tax Community – Ilana Ludwin
  • Carrying on the Tradition: Justice Rothstein's Contribution to Canadian Tax Law – Kim Brooks & Neil Brooks
  • Fostering Legitimacy: Justice Rothstein's Principled Resolve and Restraint in Charter Adjudication – Jennifer Klinck
  • Marshalling the Efficiencies Defence – Joshua A. Krane, Cassandra Brown & Jim Robson

    • Format

    ebook

    Author

    Lisa M. Kelly

    Publisher

    LexisNexis Canada

    Release

    02 December 2022

    Share

    Subjects

    General Practice Canada
    Judicious Restraint: The Life and Law of Justice Marshall E. Rothstein