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Osgoode Hall Law Journal

Document Type

Article

Abstract

There has been much recent jurisprudential discussion of 'hard' and 'easy' cases in the law. This 'academic' debate has been complemented by the increasing willingness by judges to sanction lawyers for making frivolous' legal arguments, which are prohibited by both United States and Canadian law. To identify the attributes of a frivolous case has proved no easy matter. A focus on the nature of frivolous cases, moreover, requires us to recognize how different the phenomenology of lawyering is from that of judging and the concomitant importance of integrating the practice of lawyering into our jurisprudence. This; in turn, necessitates that we move away from the almost exclusive concentration on the practice of judging.

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