Faculty of Law, University of Manitoba
Winnipeg, Canada, R3T 2N2
My research interests include regulation of sexuality and other expression, socio-legal governance of harm and precaution, policing and police powers, surveillance and security in legal decision-making, the criminal and constitutional jurisprudence of the Supreme Court of Canada, jury law, disability and the criminal law, and empirical analyses of legal decision makers. I am grateful for funding support from the Manitoba Law Foundation (2016), SSHRC Connection Program (2016 and 2012) and other institutional grants including the SSHRC 4A program (2015 and 2011).
I am one of the co-founders of the legal blog Robsoncrim.com. As part of our commitment to education at Robson Hall and to legal education outside of the ivory tower, http://www.robsoncrim.com/ provides reflections on current issues in criminal law through its Blawg program, through special events, and through its annual peer reviewed journal (a special edition of the Manitoba Law Journal). With collaborators spanning Edinburgh through to Madison, Wisconsin, over 50000 views, an active Facebook and Twitter presence, and recognition from the http://www.clawbies.ca/ awards, Robsoncrim is poised for a bright future.
I am also one of three co-founders, and a long serving member of the editorial board of the Centre for Interdisciplinary Justice Studies (CIJS.ca), a Winnipeg-based justice research and education organization that holds annual conferences,and publishes an open source and not for profit annual peer-reviewed publication – The Annual Review of Interdisciplinary Justice Research (IJR).
For a sample of some of my articles see: http://uwinnipeg.academia.edu/RichardJochelson
Richard Jochelson is an associate professor at the Faculty of Law at the University of Manitoba and holds his PhD in law from Osgoode Hall Law School at York University, a Masters in Law from University of Toronto Law School, and a Law Degree from University of Calgary Law School (Gold Medal). He is a former law clerk who served his articling year at the Alberta Court of Appeal and Court of Queen’s Bench, before working at one of Canada’s largest law firms. He worked for ten years teaching criminal and constitutional law at another Canadian university prior to joining Robson Hall.
He has published peer-reviewed articles dealing with obscenity, indecency, judicial activism, police powers, criminal justice pedagogy and curriculum development, empiricism in criminal law, and conceptions of judicial and jury reasoning. He is a member of the Bar of Manitoba and has co-authored and co-edited several books. He has recently co-authored The Disappearance of Criminal Law: Police Powers and the Supreme Court (Fernwood, 2015).
Richard Jochelson: Research Contributions 2009-2016
Thinking about Justice (2012), Fernwood Books (Equally co-edited with Kelly Gorkoff)
Criminal Law and Precrime: Legal Studies in Punishment and Surveillance in Anticipation of Criminal Guilt. (Jochelson et al) Routledge. 2017.
The Disappearance of Criminal Law: Police Powers and the Supreme Court. 2015. Fernwood Books (Jochelson et al)
Sex and the Supreme Court: Obscenity and Indecency Laws in Canada, (2011), Fernwood Books (Equally coauthored with Kirsten Kramar)
Accepted and in Press Refereed Journal Articles and Reviews
Legal Texts and ‘Bestial’ Acts: Shifting Legal Meanings of ‘Bestiality’ within Canadian Judicial
Decisions 2016. Volume 6 (James Gacek Equal Co-Author). Annual Review of Interdisciplinary Justice Research
The Jury Representativeness Guarantee in Canada: The Curious Case of Disability and Justice Making. Journal of Ethics in Mental Health. (R. Jochelson, M. Bertrand, L. Menzie) 2017. Volume SE3.
Book Review of Policing in Israel: Studying Crime Control, Community Policing and Counterterrorism. Police Practice and Research: An International Journal. 2017.
Measuring Activism and Restraint or How to Conflate Doctrine with Activism – A Response to Professor Riddell’s Small Scale Judicial Output Study. Canadian Journal of Criminology and Criminal Justice 2016. 58:1. 112. (1st author with second author, Melanie Murchison)
An Empirical Analysis of 5 Years After Grant. Criminal Law Quarterly. 2015. Volume 63. 200. (Jochelson et al).
An Empirical Comparison of the Exclusion of Evidence Pre/Post 9/11: A Model of Judicial Discourse. Canadian Journal of Criminology and Criminal Justice. 2015 vol. 57, no. 1. 115 (equally coauthored with Melanie Murchison)
Let Law Be Law, and Let us Critique: Teaching Law to Undergraduate Students of Criminal Justice. Annual Review of Interdisciplinary Justice Research. 2015. Volume 234.
Revisiting Representativeness in the Manitoban Criminal Jury. Underneath the Golden Boy- Manitoba Law Journal. 2015. 37 (2). 365 (Equally co-authored with M. Bertrand, and et. al.)
Situating Exclusion of Evidence Analysis in Its Socio-Legal Place: A Tale of Judicial Populism. Crime, Law and Social Change, 2014. Vol. 61, No. 5. 541. (Equally coauthored with Kirsten Kramar)
Searching and Seizing After 9/11 – Developing and Applying Empirical Methodology to Measure Judicial Output in the Supreme Court’s Section 8 Jurisprudence Dalhousie Law Journal 2012. 35(1) 179 (1st author with coauthors Michael Weinrath and Melanie Murchison)
Mitigating the Protective Services Orientation in Criminal Justice: An Opening Salvo at the University of Winnipeg, Canadian Journal of Criminology and Criminal Justice. 2013 55(1). 1 (Equally coauthored with Steven Kohm)
Essentialism Makes for Strange Bedmates: The Supreme Court Case of J.A. and the Intervention of LEAF. Windsor Yearbook Access to Justice. 2012. 30(1). 77 (first author, with Kirsten Kramar)
Ancillary Issues with Oakes: The Development of the Waterfield Test and the Problem of Fundamental Constitutional Theory. Ottawa Law Review/ 2013. Vol. 43, No. 3. 355 (sole author)
Governing through Precaution to Protect Equality and Freedom: Obscenity and Indecency Law in Canada after R. v. Labaye Canadian Journal of Sociology. 2012. 36:4. 283 (equally coauthored with Kirsten Kramar)
Multidimensional Analysis of Judicial Decision-Making: Reframing Judicial Activism as the Study of Judicial Discourse (or taking the judgment out of the Judgment). Annual Review of Interdisciplinary Justice Research. 2011. Volume 2. 122.
Practicing Justice by Practicing Method: A Brief Rethinking of Feminist Analytics of Obscenity and Indecency Law in Canada. Annual Review of Interdisciplinary Justice Research. 2010. Volume 1. 26. (1st author, with Kirsten Kramar)
Multidimensional Analysis as a Window into Activism Scholarship: Searching for Meaning with Sniffer Dogs Canadian Journal of Law and Society. 2010 24:2, 231 (sole author).
Trashcans and Constitutional Custodians: The Liminal Spaces of Privacy in the Wake of Patrick (2009) Saskatchewan Law Review Volume 72 165-188 (sole author)
After Labaye: The Harm Test of Obscenity, the New Judicial Vacuum and the Relevance of Familiar Voices (2009) Alberta Law Review 46:3 1-26 (sole author)
R. v. Labaye: The Fogginess of “Increased” Causality in Obscenity Law (2009) Law Review Supplement February Edition Alberta 1-10 (sole author)
Crossing the Rubicon – of sniffer dogs, justifications and preemptive deference, (2009) Review of Constitutional Studies 13:2 67-98 (sole author)
Refereed Contributions/Chapters/Journal Introductory Chapters
The Supreme Court of Canada Presents: The Surveillant Charter in “National Security, Surveillance, and Emergencies: Canadian and Australian Sovereignty Compared”. Lippert, R. et al. Editors. Palgrave-MacMillan Press. 2017 (with second author Mark Doerksen)
Justice Making: Scrutinizing Canada’s Jury Representativeness Guarantees while Ameliorating Stewart and Russell’s Conceptions of “Social Wreckage” in Canadians with Disabilities in Disability Politics in a Global Economy: Essays in Honour of Marta Russell. Malhotra, R. Editor. Routledge. 2017. 42 (with second author M. Bertrand)
A History of Settlement Ten Years Later – Revisiting Cronenberg’s A History of Violence. Screening Justice. Fernwood Books. 2017. (Greenhill and Kohm editors)
An Addendum on Bedford: Sex and the Supreme Court- Obscenity and Indecency Law in Canada. Sex and the Supreme Court. Fernwood Books. 2014. ISBN: 9781552664155.
Educating Justice: Postsecondary Education in the Justice Disciplines. Annual Review of Interdisciplinary Justice Research. Volume 4. 2015 (First author Steven Kohm; Kelly Gorkoff, Richard Jochelson, and Kevin Walby). ISSN 1925-2420.
After Bedford: Recent Developments in Sex and the Law. Sociology in Our Times. Seventh Canadian Edition. Lothian-Murray et. al. 2016.Nelson Education.
Recent Developments in Sex and the Law: Recent Developments: Feminist Law Reform and Sexual Assault. Sociology in Our Times. Sixth Canadian Edition. Lothian-Murray et. al. 2014. Nelson Education. ISBN-10: 0176648747 ISBN-13: 9780176648749
Adopting the Governmentality Approach Obscenity and Indecency: Tracking Harm Through Discourse of the Supreme Court of Canada. “Locating Law “Race/Class/Gender/Sexuality Connections, 3rd Edition. Elizabeth Comack, 2014, Fernwood Books (equal coauthor with Kirsten Kramar)
Talking Trash with the Supreme Court of Canada: The Reasonable Expectation of Privacy under the Charter. “Criminology: Critical Canadian Perspectives”, Kirsten Kramar Ed., (2010) Pearson Canada (sole author)
Assessing Judicial Charges and Juror Comprehension. Data being collected. (R. Jochelson, M. Bertrand).
Ruff Justice: Canine Cases and Judicial Law Making as an Instrument of Change to Animal Law. (Jochelson and Gacek). Contract signed. Animal Law Review. 2017/8.
Assessing Attitudes About Sex Work After Parliament’s Response to Bedford (L. Laidlaw, R. Jochelson, M. Bertrand). Prospective Submission to: Windsor Yearbook of Access to Justice
‘Animal Justice’ and Sexual (Ab)use: Precautionary Governance of Bestiality in Canada. (James Gacek Equal Co-Author). Prospective Submission to MB Law Journal
University “Consensual” Sex Policies – Contributions to Rape Culture Courtesy of University and Faculty Associations in Canada in Rape Culture on Canadian University Campuses. With Gacek, Ireland and Laidlaw. Neuland et al editors. Press TBA. In progress.
Sexual Regulation and the Law: a Canadian Perspective. (Jochelson, Gacek). Demeter Press. Contract signed.
Landmarks Lost: Hunter v Southam and the Drift from Privacy Protections in Canada’s Criminal Law with D. Ireland to UBC Press. Contract signed.
Visit http://www.robsoncrim.com/ for access to the following:
Marta Russell’s Influential in Critique of Criminal Justice Institutions. August 29, 2016. Robsoncrim.com
NeoHuman with Agah Bahari: Podcast Episode 21 @robsoncrim. Oct 2, 2016. Robsoncrim.com
Canada’s Inscrutable Jury Research: Do Canadian Juries Understand Judicial Charges? (Jochelson, Bertrand). October 3, 2016. Robsoncrim.com
Trumping Hate: Reflections on the USA Election 2016 – Return of the Reasoned Left? November 17, 2016. Robsoncrim.com
Intimate Images and the Tyranny of Modern Love/Abuse. January 9, 2017. Robsoncrim.com
Exigence – How Roaches Led to Clarity in the Paterson case. March 24, 2017. Robsoncrim.com
Women and the Law – a statistical tale of many cities. June 12, 2017. Robsoncrim.com
Thank You Student Bloggers. Released. May 25, 2017
Spring Newsletter Released. May 7, 2017.
Late Winter Newsletter Released. March 6, 2017
And We’re Back…Bringing in the New Year. Released January 6, 2017.
December Newsletter Released. December 5 2016.
Mid-November Newsletter. November 15, 2016.
September 2016 Newsletter. October 1, 2016.
August Newsletter Released. September 1, 2016.
Papers Presented and Other Presentations
Other Refereed Contributions (Conferences)
May 2017. (R)Critical Perspectives in Criminology. Ottawa. Paper Title: Landmarks Lost – Retracing Hunter v Southam (with D. Ireland)
November 2016: (R)“Faculty and Consensual Non-Platonic Relationships with Students – a Labour Law Perspective”. Canadian Association of University Teachers Western Regionals Conference. Royal Fairmont. Winnipeg, MB
November 2016: (R)“Marta Russell and Disability: Jury Work” at Book Launch Event for Disability Politics in a Global Economy, University of Ottawa Law School
June 2016: (R) Law and Society Association Annual Meeting. New Orleans; Paper Title: Disability and Jury Work in Canada. (with M. Bertrand)
June 2015: (R) Society for Disability Studies, Atlanta, G; Paper Title: Empirical Jury Studies and Marta Russell
June 2015: (R) Critical Perspectives in Criminology Conference, Ottawa, ON; Paper Title: The Surveillant Charter
June 2014:(R) Canadian Law and Society Association Conference, Winnipeg; Paper = Title: A History of Violence – Cronenberg and Colonialism; Paper Title: An Empirical Study of Jury Representation in Manitoba
May 2014: (R) Centre for Interdisciplinary Justice Studies: Educating Justice, University of Winnipeg Paper Title: Teaching Criminal Justice in Non Law Programs
June 2013: (R) Canadian Law and Society Association Conference, Vancouver, B.C. Paper; Title: An Empirical Study of Crime Severity
June 2012: (R) Joint Law and Society Association Conference, Oahu, Hawaii; Paper Title: Reviewing the findings: Unpacking a Multidimensional Analysis of Judicial Activism (with M. Murchison); Paper Title: Retracing the Obscenity and Indecency Jurisprudence in Canada (with K. Kramar)
February 2012: (R) Academy of Criminal Justice Sciences Annual Meeting, New York, New York Paper Title: Realizing a Judicial Activism Methodology with (M. Weinrath, and M. Murchison); Paper Title: The Corporatization of Justice in the Academy (with Steven Kohm)
May 2011: (R) Centre for Interdisciplinary Justice Studies: Questioning Justice in Interdisciplinary Times, University of Winnipeg; Paper Title: Rethinking Obscenity and Indecency Law in Canada Through Socio-Legal Lenses
February 2011: (R) Academy of Criminal Justice Sciences Annual Meeting, Toronto, Canada; Paper Title: Developing a Multidimensional Account of Judicial Analyitics (with M. Weinrath, delivered by M. Weinrath)
June 2010 (R) Congress 2010, Canadian Law and Society Association, Concordia, Montreal; Paper Title: The Labaye Harm Technology: Old Functionalism in Neo-Liberal Attire (equal co-author with Dr. Kirsten Kramar); (R) Paper Title: Critical Methodologies and Swinging Sexuality – Describing the Harm Principle of Obscenity and Indecency in Canada (equal co-author with Dr. Kirsten Kramar)
May 2010: (R) Centre for Interdisciplinary Justice Studies: Practicing Justice Conference, University of Winnipeg;Paper Title: The Labaye Court: Constituting Faux Harm in Service of Indecency (equal co-author with Dr. Kirsten Kramar)
February 2010: (R) Academy of Criminal Justice Sciences Annual Meeting, San Diego, California; Paper Title: Interdisciplinary Approaches to Justice: Some Canadian Reflections
May 2009: (R) Congress 2009, Canadian Law and Society Association, Carleton University, Ottawa; Paper Title: In the Wake of Labaye: Community Standards of Harm – Progress or Futility?
April 2009: (R) “Theorizing Justice” Conference, University of Winnipeg; Paper Title: Multidimensional Analysis of Judicial Activism