Faculty Books

BOOKS RECENTLY PUBLISHED BY LAW FACULTY MEMBERS:

(Previously published books listed below)

Am I Safe Here?
LGBTQ Teens and Bullying in Schools
By Donn Short
UBC Press, On Point Press (October, 2017)

“Am I safe here?” LGBTQ students ask this question every day within the school system. This book shines a light on the marginalization and bullying faced by LGBTQ youth, offering a new conceptualization of school safety.

Donn Short treats students as the experts on what happens in their schools, giving them a chance to speak for themselves. They identify what it would take to make a school truly safe – insightfully explaining that safety doesn’t come merely from security cameras, ID tags, and dress codes, but from a culture that values equity and social justice. Revealing the reality of going to school in an environment that implicitly (and sometimes explicitly) endorses homophobia, heterosexism, and heteronormativity, the students share their ideas about how to change school culture. They envision a future in which LGBTQ youth are an expected, respected, and celebrated part of school life.

Am I Safe Here? explores what needs to be done to create equitable and inclusive schools – but it is not strictly about formal professional development plans. Rather, it draws from the informal, spontaneous, timely, and relevant words of gay, lesbian, bisexual, and transgendered students to show that nothing less than a total culture change is needed.

This book is written for teachers, administrators, pre-service teachers, guidance counsellors, social workers, trustees, parents, and other LGBTQ allies who want to promote student safety and school improvement by creating a safe and inclusive school for LGBTQ students.


Criminal Law and Precrime
Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt

By Richard Jochelson, James Gacek, Lauren Menzie, Kirsten Kramar and Mark Doerksen
Routledge (October, 2017) 

In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick’s allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as “precrime”—particularly the use of the law as a technology of surveillance and prevention since “terror” became a justification for intervention.

The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the “war on terror”: the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality.

The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe. 


A Transnational Study of Law and Justice on TV
Edited by Peter Robson and Jennifer L. Schulz
Hart Publishing (November, 2016) 

This collection examines law and justice on television in different countries around the world. It provides a benchmark for further study of the nature and extent of television coverage of justice in fictional, reality and documentary forms. It does this by drawing on empirical work from a range of scholars in different jurisdictions. Each chapter looks at the raw data of how much “justice” material viewers were able to access in the multi-channel world of 2014 looking at three phases: apprehension (police), adjudication (lawyers), and disposition (prison/punishment).

All of the authors indicate how television developed in their countries. Some have extensive public service channels mixed with private media channels. Financing ranges from advertising to program sponsorship to licensing arrangements. A few countries have mixtures of these. Each author also examines how “TV justice” has developed in their own particular jurisdiction. Readers will find interesting variations and thought-provoking similarities. There are a lot of television shows focused on legal themes that are imported around the world. The authors analyse these as well.

This book is a must-read for anyone interested in law, popular culture, TV, or justice and provides an important addition to the literature due to its grounding in empirical data.


Nuclear Non-Proliferation in International Law – Volume III: Legal Aspects of the Use of Nuclear Energy for Peaceful Purposes
Edited by Jonathan Black-Branch and Dieter Fleck
Springer, Asser Press (2016)

This third volume of the book series on Nuclear Non-Proliferation in International Law focuses on the development and use of nuclear energy for peaceful purposes within a contemporary global context, an interdependent characteristic of the Non-Proliferation Treaty along with disarmament and non-proliferation. The scholarly contributions in this volume explore this interrelationship, considering the role of nation States as well as international organizations such as the International Atomic Energy Agency (IAEA) in monitoring and implementing the Treaty. The 2015 Nuclear Accord with Iran and its implementation is also discussed, highlighting relevant developments in this evolving area. Overall, the volume explores relevant issues, ultimately presenting a number of suggestions for international cooperation in this sensitive field where political discussion often dominates over legal analysis. The important tasks of limiting the proliferation of nuclear weapons, ensuring the safety and security of peaceful uses of nuclear energy, and achieving nuclear disarmament under strict and effective international control, calls for the interpretation and application of international legal principles and rules in their relevant context, a task that this book series endeavours to facilitate whilst presenting new information and evaluating current developments in this area of international law.


The Idea of a Human Rights Museum 
Edited by Karen Busby, Adam Muller and Andrew Woolford
University of Manitoba Press (October, 2015) 

The Idea of a Human Rights Museum is the first book to examine the formation of the Canadian Museum for Human Rights and to situate the museum within the context of the international proliferation of such institutions. Sixteen essays consider the wider political, cultural and architectural contexts within which the museum physically and conceptually evolved drawing comparisons between the CMHR and institutions elsewhere in the world that emphasize human rights and social justice.

This collection brings together authors from diverse fields—law, cultural studies, museum studies, sociology, history, political science, and literature—to critically assess the potentials and pitfalls of human rights education through “ideas” museums. Accessible, engaging, and informative, the collection’s essays will encourage museum-goers to think more deeply about the content of human rights exhibits.

The Idea of a Human Rights Museum is the first title in the University of Manitoba Press’s Human Rights and Social Justice Series. This series publishes work that explores the quest for social justice and the basic rights and freedoms to which all human beings are entitled, including civil, political, economic, social, collective, and cultural rights.

 

Previously Published Faculty Books

Karen Busby

  • Busby, Karen. Manitoba Queen’s Bench Rules 11th ed., forthcoming.
  • Busby, Karen. Manitoba Queen’s Bench Rules 1992 (Scarborough, Ont.: Carswell, 1992).
  • Busby, Karen, Lisa Fainstein and Holly Penner. Equality Issues in Family Law: Considerations for Test Case Litigation (Winnipeg: Legal Research Institute, 1990).
  • Fainstein, Lisa, Gordon Russell and Karen Busby. The Queen’s Bench Act and Rules Annotated, Volume 1 (Winnipeg: Legal Research Institute, 1989).

David Deutscher

  • Deutscher, David and Heather Leonoff. Identification Evidence (Calgary: Thompson Professional Publishing Canada, 1991).

Lisa Fainstein

  • Fainstein, Lisa, Gordon Russell and Karen Busby. The Queen’s Bench Act and Rules Annotated, Volume 1 (Winnipeg: Legal Research Institute, 1989).
  • Busby, Karen, Lisa Fainstein and Holly Penner. Equality Issues in Family Law: Considerations for Test Case Litigation (Winnipeg: Legal Research Institute, 1990).

Michelle Gallant

  • Gallant, M. Michelle. Money Laundering and the Proceeds of Crime: Civil Remedies and Economic Crime (London: Edwards Elgar, 2004).

DeLloyd Guth

  • Guth, DeLloyd and John P. McEvoy, eds. Ivan C. Rand at The Supreme Court of Canada 1943-1959 (Winnipeg: Canadian Legal History Project, Faculty of Law, the University of Manitoba, 2010).
  • Guth, DeLloyd, ed. Claire L’Heureux-Dubé a la Cour suprême du Canada 1987-2002/ Claire L’Heureux-Dubé at the Supreme Court of Canada 1987-2002 (Montréal: Wilson & Lafleur Ltée, 2004), pour la direction de Marie-Claire Belleau et François Lacasse.
  • Guth, DeLloyd, Patrick J. Monahan and Sandra A. Forbes, eds. Peter Cory at The Supreme Court of Canada 1989-1999 (Winnipeg: Canadian Legal History Project, Faculty of Law, The University of Manitoba, 2001).
  • Guth, DeLloyd and Wes Pue, eds. Canada’s Legal Inheritances (Winnipeg: Canadian Legal History Project, Faculty of Law, The University of Manitoba, 2001).
  • Guth, DeLloyd, R. Johnson, T.S. Kuttner, H.W. MacLauchlan, and J.P. McEvoy, eds. Gérard La Forest at The Supreme Court of Canada, 1985-1997 (Winnipeg: Canadian Legal History Project, Faculty of Law, The University of Manitoba, 2000).
  • Guth, DeLloyd, ed. Brian Dickson at The Supreme Court of Canada 1973-1990 (Winnipeg: Canadian Legal History Project, Faculty of Law, The University of Manitoba, for The Supreme Court of Canada Historical Society, 1998).
  • Guth, DeLloyd and Kouky Fianu, eds. Écrit et Pouvoir dans les Chancelleries médiévales: Espace Français, Espace Anglais (Louvain-la-Neve: Fédération Internationale des Institute d’Études Médiévales, Textes et Études du Moyen Âge, VI, 1997).
  • Guth, DeLloyd, ed., Chief Justice William Johnstone Ritchie: Responsible Government and Judicial Review, by Gordon Bale (Ottawa: Carleton University Press, for the Supreme Court of Canada Historical Society, I, 1991).
  • Guth, DeLloyd and John W. McKenna, eds. Tudor Rule and Revolution: Essays for G.R. Elton from his American Friends (Cambridge and New York: Cambridge University Press, 1982).
  • Guth, DeLloyd and David R. Wrone, eds. The Assassination of John F. Kennedy: A Comprehensive Historical and Legal Bibliography, 1963-1978 (Westport, Connecticut: Greenwood Press, 1980).
  • Guth, DeLloyd. Late Medieval England, 1377-1485 (Cambridge and New York: Cambridge University Press, 1976).

Cameron Harvey

  • Harvey, Cameron and Linda Vincent,eds. The Law of the Dependants’ Relief in Canada (Carswell, 1999; 2nd ed. 2006).
  • Harvey, Cameron and Darcy MacPherson, eds. Agency Law Primer (Carswell, 1993; 2nd ed. 1999; 3rd ed. 2003; 4th ed. 2009).
  • Harvey, Cameron. Legal Wit and Whimsey (Carswell, 1988).
  • Harvey, Cameron. Chief Justice Samuel Freedman, A Great Canadian Judge (Law Society of Manitoba, 1983).
  • Harvey, Cameron, ed. The Law Society of Manitoba, 1877-1977 (Peguis, 1977).
  • Harvey, Cameron. The Law of Habeas Corpus in Canada (Butterworths, 1974).
  • Harvey, Cameron, Dale Gibson, and Lee Gibson, eds. Attorney for the Frontier: Enos Stutsman (University of Manitoba Press, 1983).
  • Harvey, Cameron, ed. The Law Society of Manitoba, 1877-1977 (Peguis, 1977).
  • Harvey, Cameron. Municipal Law (Ontario Municipal Law Section, CBA, 1976 ).

Gerald Heckman

  • Van Harten, Gus, Gerald Heckman and David Mullan, eds. Administrative Law – Cases, Text, and Materials, 6th edition (Toronto: Emond Montgomery Press, 2010).

John Irvine

  • Irvine, John, Philip H. Osborne and Barnett Sneiderman. Canadian Medical Law: an Introduction for Physicians, Nurses and other Health Care Professionals, 3rd ed. (Scarborough, Ont.: Carswell, 2003).

Richard Jochelson

Edited Volumes

Authored Books

Darcy MacPherson

  • Harvey, Cameron and Darcy MacPherson. Agency Law Primer, 4th ed. (Scarborough, Ontario: Carswell, 2009).

Anne McGillivray

  • McGillivray, Anne and Brenda Comaskey. Black Eyes all of the Time: Intimate Violence, Aboriginal Women, and the Justice System (Toronto: University of Toronto Press, 1999).
  • McGillivray, Anne. Governing Childhood (Aldershot, England ; Brookfield, Vt. : Dartmouth, 1997).

David Milward

  • Milward, David. Aboriginal Justice and the Charter: Realizing a Culturally Sensitive Interpretation of Legal Rights,forthcoming.

Philip Osborne

  • Irvine, John, Philip H. Osborne and Barnett Sneiderman. Canadian Medical Law: an Introduction for Physicians, Nurses and other Health Care Professionals, 3rd ed. (Scarborough, Ont.: Carswell, 2003).
  • Osborne, Philip H. The Law of Torts, 4th ed. (Toronto: Irwin Law, 2011).

Roland Penner

  • Penner, Roland and Norm Larsen. Tales From the Underworld and Other Stories (Winnipeg: Heartland Publications, 2009).
  • Penner, Roland. A Glowing Dream: A Memoir (Winnipeg: J. Gordon Shillingford Publications, 2007).
  • Penner, Roland and Jack Fainman. They Shoot Doctors Don’t They?: A Memoir (Winnipeg: Great Plains Publications, 2011).

Jennifer Schulz

  • Beaulac, Stephane, Stephen Pitel and Jennifer L. Schulz, eds. The Joy of Torts (Markham, Ont.: LexisNexis Butterworths, 2003).
  • Peter Robson and Jennifer L Schulz. A Transnational Study of Law and Justice on TV (Hart Publishing, 2016).

Bryan Schwartz

Edited Volumes

  • Schwartz, Bryan with Darcy MacPherson, eds. The Great Transition in Legal Education (Winnipeg: Manitoba Law Journal 39(1), 39(2), 2017).
  • Schwartz, Bryan with Darcy MacPherson, eds. A Judge of Valour: Chief Justice Sam Freedman – In His Own Words (Winnipeg: Manitoba Law Journal 37 Special Issue, 2014).
  • Schwartz, Bryan with Darcy MacPherson, eds.5 Decades of the Chief Justice of the MBCA. (Winnipeg: Manitoba Law Journal 36 (5) Special Issue, 2013).
  • Schwartz, Bryan, ed. The Rights of Indigenous Peoples (Winnipeg: The Asper Chair of International Business and Trade Law, 2011).
  • Schwartz, Bryan, John Pozios and Leandro Zylberman, eds. Franchise Law Reform: International Perspectives on Creating a Manitoba Statute (Winnipeg, 2009).

Authored Books

  • Schwartz, Bryan. Consoulation: A Musical Meditation (Musical libretto, 2018).
  • Schwartz, Bryan with Delia Opekokew and Robert Winogron. Expert Panel Review on Specific Claims  (Assembly of First Nations, 2015).
  • Schwartz, Bryan. Establishing a Legal Framework for E-Voting in Canada (Elections Canada, 2013).
  • Schwartz, Bryan. Admitted but Excluded: Removing Occupational Barriers to Entry for Immigrants to Canada (Winnipeg: The Frontier Centre for Public Policy, 2012).
  • Schwartz, Bryan. Revitalizing Manitoba (Winnipeg: The Frontier Centre for Public Policy, 2011).
  • Schwartz, Bryan and Darla Rettie. Valuing Canadians (Law Commission of Canada, 2003).
  • Schwartz, Bryan. Last Best Hope: Lincoln’s Lessons for Canada (Temeron, 1998).
  • Schwartz, Bryan. Still Thinking: A Guide to the 1992 Referendum (Voyageur Publishing, 1992).
  • Schwartz, Bryan. Opting In: Improving the 1992 Federal Constitutional Proposal (Québec: Voyageur Publications, 1992).
  • Schwartz, Bryan. Fathoming Meech Lake (Winnipeg: Legal Research Institute, 1987).
  • Schwartz, Bryan. First Principles, Second Thoughts: aboriginal peoples, constitutional reform and Canadian statecraft (Montréal: Institute for Research on Public Policy, 1986).
  • Schwartz, Bryan. First Principles: Constitutional Reform with Respect to the Aboriginal Peoples of Canada, 1982-1984 (Kingston: Queen’s Institution of Intergovernmental Relations, 1985).

Mary Shariff

  • Masson, Antoine, and Mary J Shariff, eds. Legal strategies: how corporations use law to improve performance (Berlin; London; New York: Springer, 2010).

Donn Short

  • Short, Donn. Am I Safe Here? LGBTQ Teens and Bullying in Schools (Vancouver, On Point Press, an imprint of UBC Press, October 1, 2017).
  • Short, Donn with Catherine Taylor & Tracey Peter & Elizabeth Meyer. The Every Teacher Project (Winnipeg: MTS, 2015).
  • Short, Donn. Don’t Be So Gay! – Queers, Bullying and Making Schools Safe (Vancouver: UBC Press, 2013).

Lorna Turnbull

  • Turnbull, Lorna. Double Jeopardy: Motherwork and the Law (Toronto: Sumach Press, 2001).

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