Ian Holloway - Academia.edu (original) (raw)

Papers by Ian Holloway

The aim of this thesis is to explore the evolution of the doctrine of natural justice in Australi... more The aim of this thesis is to explore the evolution of the doctrine of natural justice in Australia, with particular emphasis on the work of the High Court of Australia. The essence of the argument is that today, the Court views natural justice as a doctrine of constitutional law-that in the Court's mind, natural justice amounts to a central principle of the "common law constitution". This argument is borne out, it is argued, by a consideration of the High Court's holdings in natural justice cases during the past twenty-five years.

Canada-United States Law Journal, 2012

SSRN Electronic Journal

centered on the coverage of appellate case reports, leavened by a modest degree of experiences, a... more centered on the coverage of appellate case reports, leavened by a modest degree of experiences, and some tweaks? Or will its shape transmogrify, becoming a blend of technology, Carnegie, and a redesigned marketplace? Our view is that by the year 2025, law school will indeed be dramatically different. But how different depends on who wins the war between traditional education, tracing back to the days of Langdell in the 1870s, 1 and repositioned drivers influencing legal education today from inside and out. In a word, we are living in a time of strugglestruggle for control of the soul of legal education. Until recently, law schools lived a very comfortable double life that straddled two worlds-the world of academia and the world of law practice. This double life was made possible by the Langdellian revolution in the late nineteenth century; rejecting the apprenticeship system and adopting a model based on the teaching of appellate cases. 2 The double life can be described as part grand university and part Hessian craft guild. The grand university identity takes on a similar hue as a graduate liberal arts endeavor-offering a good background for its emphasis on critical thinking, whether students practice law or not. The Hessian craft guild, by contrast, trains students to learn the details of the skilled practitioner-to welcome clients into a specific domain. This firmly rooted double life of law schools was skewed towards academia. As the oft-repeated saying goes, law schools taught people how to "think like lawyers," 3 but not how to actually be lawyers. 4 In this regard, legal education appeared to be a professional training

* Dean and Professor, Faculty of Law, University of Western Ontario I acknowledge the assistance ... more * Dean and Professor, Faculty of Law, University of Western Ontario I acknowledge the assistance given me in this project by my old colleague at the firm of McInnes Cooper, Eric LeDrew, and his articled clerk, Allan White. I also express my gratitude to E. Marshall Pollock, QC, ...

It is a truism that Australia today is in a period of flux. The country has just passed the cente... more It is a truism that Australia today is in a period of flux. The country has just passed the centenary of its federation, but the prevailing public mood in the half-decade leading up to the Centenary was not one of celebration or commemoration of the events leading up to 1 January 1901. Rather, it was one of reassessment – reassessment of the contemporary appropriateness of its constitutional arrangements and of the continuing significance of the colonial fact in light of present-day reality – a reality which is challenging in a profound way many of the hitherto accepted truths about the nature of the Australian state.

Alberta Law Review

This article suggests a number of curricular alterations to the current law school program in ord... more This article suggests a number of curricular alterations to the current law school program in order to adjust for the modern practice of law. The author begins by reviewing the expansive nature of law school from the end of the Second World War until the period just after the year 2000, which he describes as the Gilded Age of law school. He asserts that the Gilded Age ended with the introduction of market forces into Canadian legal education in 1995. The author argues that the law school of today must anticipate the legal profession of tomorrow. The suggested additions to law school include: grounding legal education in learning theory; using solution-oriented and economic analysis; instructing lawyers to be leaders, team players, project managers, and globally minded; using legal history as a basis for understanding the law; and implementing technology as part of the core curriculum.

Federal Law Review

One of the most difficult issues to face a writer is what could be called "the paradox of the gro... more One of the most difficult issues to face a writer is what could be called "the paradox of the groundbreaking work". In a subsequent edition, what is the author of a successful, forward-looking work to do? To update the law goes without saying. But ought the task to stop there? The temptation to leave well enough alone in such a case must be a strong one, for, as the cliche has it, one does not lightly mess with success. Or ought the author to try to better his past efforts; to improve on his success? And if this is to be the course, in what manner ought he to go about it? On the one hand, an author might be tempted to employ the same sort of bold and creative strokes that ,earned the work kudos in the first place. But on the other, the initial edition's internal logic was presumably one of the determinative factors in its success. And not to be forgotten is human nature-the tendency in us all to rest on our laurels. To use another cliche (was it Trotsky who said it?), yesterday's revolutionary tends to be today's conservative. This dilemma is magnified when there has been a change in authorship in succeeding editions. For understandable reasons, every new author wants to lend a distinctive, personalised stamp to the project. But at the same time, a degree of selflessness is generally called for when a new person takes over a pre-existing workespecially when that work has already achieved some prominence. Simply put, the new author of a previous edition must remember just that, namely, that he is working on a new edition of somebody else's work. For very good reason, the dead hand of the past ought to remain a living force when it comes to new editions. Both of these books show the art of the subsequent edition at its finest. Each differs. significant respects from its predecessors, yet the changes have been carried out in BSc, LLB (Dalhousie), LLM (Calif, Berkeley). Lecturer in Law, Australian National University.

l1 Because the pastin the form of previously decided casesis the yardstick against which the prop... more l1 Because the pastin the form of previously decided casesis the yardstick against which the propriety of present-day conduct is measured.

Berkeley Journal of Employment Labor Law, 2014

The University of New South Wales law journal, 1994

Abstract: The decision of the Supreme Court of Canada in Rodriguez v AG Canada, in which it attem... more Abstract: The decision of the Supreme Court of Canada in Rodriguez v AG Canada, in which it attempted to grapple with the question of whether the Canadian Charter of Rights and Freedoms guaranteed a right to assisted suicide, is highlighted. Assistance in an act of suicide was ...

Law and History Review, 2000

Legal education has always responded to, perhaps even been driven by, available technologies of i... more Legal education has always responded to, perhaps even been driven by, available technologies of information dissemination. At the start of the twenty-first century law teachers find themselves in an unprecedented period of technological change: available means of presenting and distributing information are daily transforming. The “information age” seems, genuinely, to be upon us. The present is difficult to comprehend, the future beyond imagination.

... School/Discipline: Law School. Statement of Responsibility: Ian Holloway, Simon Bronitt and J... more ... School/Discipline: Law School. Statement of Responsibility: Ian Holloway, Simon Bronitt and John Williams. RMID: 0020085940. Links to content (authorised users): Check full text options. Appears in Collections: Law Publications. ...

Law and History Review, 2004

There is, among many students of Australian law, a tendency to regard the establishment of consti... more There is, among many students of Australian law, a tendency to regard the establishment of constitutional government in Australia in positivistic terms: as a result of the passage of the New South Wales Act in 1823, or of the Australian Courts Act in 1828, or of the Australian Constitution Acts of 1842 and 1850, or even of the Commonwealth of Australia Constitution Act in 1900. This is understandable, for, as Sir Victor Windeyer once put it, there was in the foundation of European society on these islands no element whatever of a social contract. Rather, the move to populate the Australian territories was a consequence entirely of a prospectively looking determination made by the government in London. And, as Windeyer went on to note, the formal establishment of local government was effected by ceremonies that were by their very essence positivistic in nature. On 26 January 1788, there was first a formal ceremony in which the Union flag was raised and a salute fired. Then, on 7 Febr...