My latest paper tackles the topic of judicial dissent. I wrote it for the 2013 Osgoode Constitutional Cases conference. In it, I explore an intriguing idea: that dissent has helped, rather than hurt, the development of equality rights case law. The Supreme Court of Canada’s incredibly fractured decision in the A case (which deals with spousal and property support for unmarried couples) provides the terrain. This piece was also written as a modest paean to the late Ronald Dworkin, whom I have long admired.
I was chuffed when Professor Larry Solum featured this article on his influential Legal Theory blog.
Click here to download this paper from the open-access Social Science Research Network.