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

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.
Publication Language: English
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Softcover | 528 pages

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ISBN/ISSN: 9780433490654

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"…a distinguished judge,…characterized by his passion for, and commitment to, the law…."
– The Rt. Hon. Beverley McLachlin, P.C., Chief Justice of Canada


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

A great addition to your library

  • Legal Academics interested in the legal writings and philosophies of Supreme Court of Canada judges who shaped the legal landscape of Canada
  • Law Libraries that require a complete collection of work on the background of the Supreme Court of Canada
  • Legal Researchers who are studying and researching the contributions of retired Supreme Court of Canada judges and their impact on legal developments in Canada
  • Members of the Judiciary who want to reflect on the insights of Supreme Court of Canada judges for the purposes of articulating or formulating decisions

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