The Upside of Dissent in Equality Jurisprudence

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.