 The Life of a Law Student podcasts chronicle the material presented to and learned by Neil Wehneman, a student at the University of Cincinnati's College of Law. Feeds are segmented by course.Primary Format :
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Canadian Constitutional Law #23: Approaches to Charter Interpretation
Well, it’s February and we made it to the Charter (if I only I could make it to spring break…) In this podcast we’ll talk about the advent of the Charter and some approaches the court has developed for its interpretation. Interpreting a constitutional document is different from regular statute interpretation, so Dickson [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #22: Implied (and Real) Bill of RightsIn this podcast we first look at the implied bill of rights, a concept drawn from a series of cases that seem to hint at the idea that there is a sphere of fundamental freedoms needed for a democracy which is beyond the reach of the provincial (and perhaps also the federal) government. Then [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #21:Racism in the Law, Pre-Charter EraIn this podcast we will look at three cases as examples of how racism in the law was dealt with before the charter entrenchment of rights. Without a constitutional document protecting rights, we see that the court can only strike racist legislation on the basis of division of powers. Both the JCPC and [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #20: International Economic ObligationsIn this podcast we discuss some of Canada’s international economic agreements, and how they are impacted by division of power issues regarding the economy. We will look at some ways in which the constitution is “amended” in practice - that is, the methods that may be employed to achieve a distribution of power between [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Foundations of Canadian Law #6: The Hart-Fuller DebateThis podcast we will do a brief overview of the Hart-Fuller debate. What happens when two overeducated professors duke it out in the Harvard Law Review? Hart defends the positivist stance that law and morality are seperate, while Fuller maintains that law must encompass a certain amount of morality to explain its binding [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Foundations of Canadian Law #5: Rules and ObligationsAs Foundations abruptly stops being simple, I attempt to explain the philosophies of HLA Hart and Ronald Dworkin regarding the nature of law, legal systems, and the source of our obligations to obey. Hart’s positivism views law as seperate from morality (more on this next podcast), and explains obligations as a product of social [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Foundations of Canadian Law #4: Conceptions of JusticeWhat is justice? Is it the same as law? What happens when laws are unjust or harmful to us? In this episode we discuss Aristotle’s Ethics, Plato’s Republic and Dialogues, and Sophocles’ Anitgone. We will discuss different conceptions of justice, and the moral dilemna that arises in regards to obeying laws which [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Foundations of Canadian Law #3: Aboriginal TitleThis podcast we look atthe landmark Delgamuukw case, in which the Supreme Court recognized the aboriginal title held by several First Nations in BC. This title is not the same as ownership, it is the sui generis right to exclusive use and occupation of the land, inalienable but to the crown. (If [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Maritime Law #4: Recovery of Non-Pecuniary Damages (with Prof. Force)If you have taken civil procedure or listened to one of Neil’s podcasts on the subject, you may be familiar with the Erie doctrine. In matters of admiralty law, the reverse Erie doctrine applies; common law is created by the federal judiciary. Such federal common law rules are even binding on state courts hearing an [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Constitutional Law (Samuel) #1: StandingPlaintiffs have standing when the court finds that there is (I) an legally-recognised harm to the plaintiff, (II) a reasonable causal connexion between the injury to the plaintiff and the complained-of conduct of the defendant, and (III) a likelihood that an affirmative ruling will vindicate the rights of the plaintiff.Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #19: Economic Regulation IIIn our second podcast on economic regulation, we look at the federal government’s power to legislate for trade under sec 91(2), control over trade and commerce. Beginning with the parsons case, this has been interpreted as containing 2 branches: power over international or interprovincial trade and commerce, and a second branch of power over general [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #18: Economic Regulation IWho has jurisdiction over economic regulation? This is an area that could fit under the federal power of trade and commerce (sec91(2)), or the provincial power over property and civil rights (sec92(13)). In general, intraprovincial trade is considered to be a provincial matter and interprovincial and international trade is considered a federal matter. In the [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Foundations of Canadian Law #2: Court SystemIn this episode we look at the structure of the court system in Canada. The most important feature to remember is that Canada is a unified (as opposed to a dual) court system. So our courts sit in direct hierarchies, with the Supreme Court serving as the final court of appeal for both federal and [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Foundations of Canadian Law #1: Civil Law HistoryThis is the first podcast in a class called Foundations of Canadian Law at McGill University. In Foundations we tend to cover a wide variety of topics related to law such as philosophy, aboriginal title, history, rights, rules and morals, etc., so many of these episodes can stand alone. In this short episode, I talk [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #17: Provincial Regulation of MoralityNude dancing, prostitution and stamping out communism are just some of the issues the provinces have attempted to tackle. Since morality is considered a valid criminal purpose (see Margarine reference from episode 15 of the last term’s podcasts), and criminal law is a federal power, how have the courts interpreted provincial attempts to regulate [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #16: ReviewIn about 40 minutes we recap the whole term. We will begin term two in January with provincial regulation of morality.
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Canadian Constitutional Law #15: Federal Criminal PowerUnder 91(27) the federal government has the plenary (total) power to make criminal laws for Canada. This power has been interpreted very broadly by the courts to include legislation that can appear more regulatory than criminal so long as it contains a prohibition and punishment, with a valid purpose (usually protecting the public from an [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #14: POGG National ConcernTo conclude our discussion of POGG, we will look at the second major branch of this concept as national concern. What makes something national concern? What criteria must it meet? The foundational case on this subject is R v Crown Zellerbach Ltd, in which justice Le Dain establishes a test to determine whether an area [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #13: POGG EmergencyThe federal government has the power to make lakes for the “Peace Order and Good Governance” (POGG) of the country under s91. But what does this mean? In the first of two podcasts on POGG we will look at POGG as an emergency power, as seen in the Laskin-Beetz debate in the Anti-Inflation Reference 1976.
Reference [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #16: ReviewIn about 40 minutes we recap the whole term. We will begin term two in January with provincial regulation of morality.Download the episode(41:17)Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #15: Federal Criminal PowerUnder 91(27) the federal government has the plenary (total) power to make criminal laws for Canada. This power has been interpreted very broadly by the courts to include legislation that can appear more regulatory than criminal so long as it contains a prohibition and punishment, with a valid purpose (usually protecting the public from an "evil"). Legislation has even been upheld as criminal when it appears the federal government intended it to be considered under POGG. This is the last ... Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #14: POGG National ConcernTo conclude our discussion of POGG, we will look at the second major branch of this concept as national concern. What makes something national concern? What criteria must it meet? The foundational case on this subject is R v Crown Zellerbach Ltd, in which justice Le Dain establishes a test to determine whether an area of jurisdiction meets the criteria for national concern. We will look at this test and a few other cases relating to POGG.Download the episode(23:03)Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #13: POGG EmergencyThe federal government has the power to make lakes for the "Peace Order and Good Governance" (POGG) of the country under s91. But what does this mean? In the first of two podcasts on POGG we will look at POGG as an emergency power, as seen in the Laskin-Beetz debate in the Anti-Inflation Reference 1976.Download the episode(29:39)Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #12: Paramountcy DoctrineThis is the last doctrine for a while! Paramountcy dictates that in areas of concurrent jurisdiction (remember the double aspect doctrine?), if there is a conflict between statutes the federal government will have final say. In this podcast will we observe a drunk driver have his licence both suspended and restricted (confusing, no?) [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #11: Interjurisdictional Immunity DoctrineWe continue our study of the many, many doctrines of Canadian Constitutional theory with the Interjurisdictional Immunity Doctrine, which exempts certain federal undertakings (think Bell Canada) from provincial laws which are otherwise valid. In this podcast you will learn:
where labour laws go to die.
what a hopeless anglo sounds like when she tries to read the [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #10: Ancillary Doctrine, Double Aspect DoctrineIn this podcast we celebrate the conclusion of my memo by studying two more doctrines! The Ancillary (also called Necessarily Incidental) doctrine is sometimes used to uphold a specific provision that infringes on another government’s jurisdiction when the provision is part of a larger valid scheme. The Double Aspect Doctrine is very commonly [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #12: Paramountcy DoctrineThis is the last doctrine for a while! Paramountcy dictates that in areas of concurrent jurisdiction (remember the double aspect doctrine?), if there is a conflict between statutes the federal government will have final say. In this podcast will we observe a drunk driver have his liscence both suspended and restricted (confusing, no?) and lament the fate of Saskatchewan farmers, who are often unappreciated by bureaucrats in Ottawa. Multiple Access v McCutchoen is also back by popular req ... Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #11: Interjurisdictional Immunity DoctrineWe continue our study of the many, many doctrines of Canadian Constitutional theory with the Interjurisdictional Immunity Doctrine, which exempts certain federal undertakings (think Bell Canada) from provincial laws which are otherwise valid. In this podcast you will learn:-where labour laws go to die.-what a hopeless anglo sounds like when she tries to read the titles of french cases.-why my spell-check doesn't recognize Interjurisdictional as a word.Download the episode(17:51)Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #10: Ancillary Doctrine, Double Aspect DoctrineIn this podcast we celebrate the conclusion of my memo by studying two more doctrines! The Ancillary (also called Necessarily Incidental) doctrine is sometimes used to uphold a specific provision that infringes on another government's jurisdiction when the provision is part of a larger valid scheme. The Double Aspect Doctrine is very commonly used to allow for concurrent jurisdictions of shared legislative power between the provinces and the federal government. The double aspects doctrin ... Listen | Listen in your iPhone | Download | View full cache | Visit Website
Constitutional Law II #31: Public Displays and Free ExerciseIn this, our final episode for Constitutional Law II, we will examine public religious displays (such as nativity scenes and the Ten Commandments), as well as briefly consider the Free Exercise of religion.
Lynch v. Donnelly (SCOTUS, 1984)
Allegheny County v. Greater Pittsburgh ACLU (SCOTUS, 1989)
Stone v. Graham (SCOTUS, 1980)
McReary County v. ACLU of Kentucky (SCOTUS, 2005)
Van [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Constitutional Law II #30: More Tests and School PrayerIn this episode we will examine the coercion test, the history / tradition test, the “stupid legislator” test, as well as briefly examining school prayer and the pledge of allegiance.
Marsh v. Chambers (SCOTUS, 1983)
Lee v. Weisman (SCOTUS, 1992)
Santa Fe Independent School District v. Doe (SCOTUS, 2000)
Wallace v. Jaffree (SCOTUS, 1985)
Elk Grove Unified School District v. [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Constitutional Law II #29: Establishment and School FundingCan the state provide funding to a private, religious school? The answer, as in many situations is, “it depends.” In this episode we’ll look at some of the various ways that private-school funding has been deemed an establishment, and other ways in which it was not.
Committee for Public Education v. Nyquist (SCOTUS, 1973)
Mueller [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Constitutional Law II #28: Introduction to EstablishmentWe now turn to our final topic in Constitutional Law II, the Religion Clauses. The clauses protect the free exercise of religion, as well as ensuring against the establishment of a religion (aka “separation of church and state”). We will talk a bit about the historical context of the Religion Clauses, as well [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Constitutional Law II #31: Public Displays and Free ExerciseIn this, our final episode for Constitutional Law II, we will examine public religious displays (such as nativity scenes and the Ten Commandments), as well as briefly consider the Free Exercise of religion.Download the episode(26:35)Listen | Listen in your iPhone | Download | View full cache | Visit Website
Constitutional Law II #30: More Tests and School PrayerIn this episode we will examine the coercion test, the history / tradition test, the "stupid legislator" test, as well as briefly examining school prayer and the pledge of allegiance.Download the episode(25:19)Listen | Listen in your iPhone | Download | View full cache | Visit Website
Constitutional Law II #29: Establishment and School FundingCan the state provide funding to a private, religious school? The answer, as in many situations is, "it depends." In this episode we'll look at some of the various ways that private-school funding has been deemed an establishment, and other ways in which it was not.Download the episode(23:52)Listen | Listen in your iPhone | Download | View full cache | Visit Website
Constitutional Law II #28: Introduction to EstablishmentWe now turn to our final topic in Constitutional Law II, the Religion Clauses. The clauses protect the free exercise of religion, as well as ensuring against the establishment of a religion (aka "separation of church and state"). We will talk a bit about the historical context of the Religion Clauses, as well as two foundational cases.Download the episode(32:24)Listen | Listen in your iPhone | Download | View full cache | Visit Website
Foundations of Canadian Law #2: Court SystemIn this episode we look at the structure of the court system in Canada. The most important feature to remember is that Canada is a unified (as opposed to a dual) court system. So our courts sit in direct hierarchies, with the Supreme Court serving as the final court of appeal for both federal and the provincial courts. We will talk a little bit about each court and its jurisdiction.Download the episode(16:35)Listen | Listen in your iPhone | Download | View full cache | Visit Website
Foundations of Canadian Law #1: Civil Law HistoryThis is the first podcast in a class called Foundations of Canadian Law at McGill University. In foundations we tend to cover a wide variety of topics related to law such as philosophy, aboriginal title, history, rights, rules and morals, etc., so many of these episodes can stand alone. In this short episode, I talk a little bit about the history of civil law in Canada. For a more comprehensive history of Canada's pre-confederate legal system you may also listen toCanadian Constitutional ... Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #9: Pith = Babies?In this podcast we take a closer look at the Pith and Substance doctrine by examining one of the Morgentaler cases relating to abortion and the Reference re Employment Insurance regarding maternity leave benefits. Morgentaler is always interesting, this will be a fun podcast.
R v Morgentaler (1993)
Reference re Employment Insurance Act, (2005)
Unemployment Insurance [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Constitutional Law II #27: DefamationDefamation is another type of “speech” that is often said as being outside the 1st Amendment. In this episode we briefly look at the substantive aspects of defamation, as well as the constitutional requirements of proof before a defamation cause of action can proceed against a public figure.
NY Times Co. v. Sullivan (SCOTUS, 1964)
Gertz [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Constitutional Law II #26: Indecent Speech IIWe continue our discussion of indecent speech by examining COPA, the Child Online Protection Act.
ACLU v. Ashcroft (SCOTUS, 2002)
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Constitutional Law II #25: Indecent Speech IOften times speech will not rise to the level of “obscene”, but will be considered “indecent.” (For example, it could be considered obscene as to minors.) When public broadcasting is concerned, there are certain regulations that the state can place on this speech. I also advocate examining these regulations based upon a [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Constitutional Law II #24: ObscenityObscenity is often said to be outside the 1st Amendment. In this episode we will look at the policies and arguments that underly not protecting obscenity, the historical (and continuing) difficulty in defining exactly what obscenity is, as well as the current test for obscenity.
Wikipedia article on Robert Mapplethorpe
Roth v. United States (SCOTUS, 1957)
Ginzburg [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Constitutional Law II #23: Commercial SpeechCommercial speech historically received no 1st Amendment protection. However, that has somewhat recently changed, granting commercial speakers an intermediate level of protection.
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. (SCOTUS 1976)
Central Hudson Gas & Elec. Corp v. Public Service Comm’n (SCOTUS, 1980)
44 Liquormart v. Rhode Island (SCOTUS, 1996)
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Constitutional Law II #22: State-Funded SpeechWhen the government pays for speech, it is also given additional leeway in crafting the conveyed message. Examples are government employees and those receiving government funding.
Rust v. Sullivan (SCOTUS, 1991)
Rosenburger v. Rector and Visitors of University of Virginia (SCOTUS, 1995)
United States v. American Library Association, Inc. (SCOTUS, 2003)
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Constitutional Law II #21: Speech in SchoolsIn restricted environments, such as militaries, prisons, and schools, the government is given slightly more leeway to restrict speech. In this episode we will examine the rules that apply to schools.
Tinker v. Des Moines Independent Community School District (SCOTUS, 1969)
Bethel School District v. Fraser (SCOTUS, 1986)
Hazelwood School District v. Kuhlmeier (SCOTUS, 1998)
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Constitutional Law II #20: Forum AnalysisJust because property is publicly owned, doesn’t mean that the government can’t restrict what type of speech goes on there. Different rules apply to different types of “public forums” (or perhaps “public fora”). In this episode we will look at some of the considerations that go into calibrating protection based on the relevant [...]Listen | Listen in your iPhone | Download | View full cache | Visit Website
Canadian Constitutional Law #8: The Depression and the New Deal LegislationIn this episode we’ll discuss the “New Deal” legislation, six statutes enacted by RP Bennett’s government in 1935 to combat the depression. These acts were mostly ruled ultra vires by the JCPC in two reference decisions that sparked some backlash towards the Privy Council’s strict interpretations, and later led to a constitutional amendment.
The Unemployment [...]Listen | Listen in your iPhone | |
