Judicious Restraint: The Life and Law of Justice Marshall E. Rothstein
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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.
- 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
Table of contents
Part I: The Role of the Judge
Part II: Defining Deference in the Administrative State
Part III: Interpreting Public and Private Law
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