The Use of Academic Writing in Appellate Judicial Decision-Making

Canadian Business Law Journal, Vol. 50, pp. 550-571, 2011

22 Pages Posted: 30 Sep 2011

See all articles by Robert Sharpe

Robert Sharpe

affiliation not provided to SSRN

Vincent-Joël Proulx

National University of Singapore (NUS) - Faculty of Law

Date Written: August 1, 2010

Abstract

In this article, the authors examine the use of academic writing by Canadian appellate courts. Part II explores the partnership between the judiciary and academia with reference to different legal traditions, especially the common law-civil law dichotomy and the realm of international law. Part III considers four purposes for which scholarly writing has been used in Canadian appellate decisions, with illustrations drawn from the Supreme Court of Canada and recent decisions of the Court of Appeal for Ontario.

Keywords: comparative law, appellate courts, jurisprudence, legal scholarship, common law, civil law, Canadian Law, Public International Law

JEL Classification: K30, K33, K39

Suggested Citation

Sharpe, Robert and Proulx, Vincent-Joël, The Use of Academic Writing in Appellate Judicial Decision-Making (August 1, 2010). Canadian Business Law Journal, Vol. 50, pp. 550-571, 2011. Available at SSRN: https://ssrn.com/abstract=1935050

Robert Sharpe

affiliation not provided to SSRN ( email )

Vincent-Joël Proulx (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469GBukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

HOME PAGE: http://www.law.nus.edu.sg/about_us/faculty/staff/profileview.asp?UserID=lawvp

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