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Article
Banned from Lawyering: Gordon Martin, Communist
BC Studies: A British Columbian Quarterly
  • W. Wesley Pue, Allard School of Law at the University of British Columbia
Faculty Author Type
In Memoriam [W. Wesley Pue]
Document Type
Working Paper
Publication Date
1-1-2009
Subjects
  • legal profession; legal history; legal profession; exclusion; politics; communism; character; McCarthyism; Canada
Abstract

This paper assesses the exclusion of Gordon Martin from the practice of law in 1948 solely on the grounds that his communist political commitment was inconsistent with the role of a lawyer. In so doing it canvasses understandings of the day regarding communism, constitutionalism, and American social thought (as embodied in Oliver Wendell Holmes, John Dewey, Charles Beard, James Harvey Robinson, and Thorstein Veblen). Issues relating to self-governance of the legal profession, character, and statutory interpretation under then-current administrative law doctrine are reviewed.

Citation Information
W Wesley Pue, "Banned from Lawyering: Gordon Martin, Communist" (2009) [unpublished].