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 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.
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 Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt (2018, Routledge).
Criminal Law and Precrime: Legal Studies in Punishment and Surveillance in Anticipation of Criminal Guilt. 2018. (Jochelson et al) Routledge. (1st author, 4 coauthors)
The Disappearance of Criminal Law: Police Powers and the Supreme Court. 2015. Fernwood Books (Equally first authored with Kirsten Kramar, contributions from Mark Doerksen)
Sex and the Supreme Court: Obscenity and Indecency Laws in Canada. (2011), Fernwood Books (Equally first authored with Kirsten Kramar)
Edited Books and Journals:
Criminal Law Edition of the Manitoba Law Journal. 2018. Manitoba Law Journal. Volume 41(4) (Robson Crim, Equal Co-editors Jochelson, Ireland, Khoday)
Criminal Law Edition of the Manitoba Law Journal. 2018. Manitoba Law Journal. Volume 41(3) (Robson Crim, Equal Co-editors Jochelson, Ireland, Khoday)
Criminal Law Edition of the Manitoba Law Journal. 2017. Manitoba Law Journal. Volume 40(3) (Robson Crim, Equal Co-editors Jochelson, Ireland, Khoday)
Visualizing Justice: Critical Perspectives on Visibility, Law, and Order. Annual Review of Interdisciplinary Justice Research. Volume 5. 2016 (First Editor Richard Jochelson, with contributions from Kevin Walby, Michelle Bertrand).
Thinking About Justice: a book of readings (2012), Fernwood Books (Equally co-edited with Kelly Gorkoff)
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 (First authored with contributions from 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 (First authored with second author M. Bertrand)
A History of Settlement Ten Years Later – Revisiting Cronenberg’s A History of Violence. Screening Justice. Fernwood Books. 2017. (Sole Authored)
An Addendum on Bedford: Sex and the Supreme Court- Obscenity and Indecency Law in Canada. Sex and the Supreme Court. Fernwood Books. 2014. (Sole Authored) ISBN: 9781552664155.
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 first author 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)
Refereed Articles in Academic or Professional Journals:
Mock-jurors’ self-reported understanding of Canadian judicial instructions (is not very good). Forthcoming and accepted. 2018/19. Criminal Law Quarterly (Equally first authored with Michelle Bertrand).
Ruff Justice: Canine Cases and Judicial Law Making as an Instrument of Change to Animal Law. Forthcoming and accepted. 2018. (Equally first authored with James Gacek). Animal Law Review.
Law Student Responses to Innovation: A study of law student perspectives in respect of digital knowledge transmission, flipped classrooms, video capsules and other means of classroom dissemination. Underneath the Golden Boy. Volume 41(2). 2018/9 (Equally first authored with David Ireland)
‘Animal Justice’ and Sexual (Ab)use: Precautionary Governance of Bestiality in Canada. 2017. 40(3) Manitoba Law Journal (Equally first authored with James Gacek).
Placing ‘Bestial’ Acts in Canada: Legal Meanings of “Bestiality”and Judicial Engagements with Sociality. 2017. Volume 6 (Equally first authored with James Gacek). 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. STI-3 (Equally first authored with Michelle Bertrand, contributions from Lauren Menzie) 2017.
Robson Crim: A Vision for Multivalent Interrogations of Criminal Law. 2017. 40(3). Manitoba Law Journal. (Equal first authors with D. Ireland, A. Khoday)
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. (First authored with second author, Melanie Murchison)
Empiricizing Exclusionary Remedies- A Cross Canada Study of Exclusion of Evidence under s.24(2),5 Years After Grant. Criminal Law Quarterly. 2015. Volume 63. 200. (10000 words) (First authored with Murchison and Huang).
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 first authored 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 4. (sole authored)
Revisiting Representativeness in the Manitoban Criminal Jury. Underneath the Golden Boy- Manitoba Law Journal. 2015. 37 (2). 365 (Equally first authored with M. Bertrand, and contributions from et. al.)
Visualizing Justice: An Introduction. Annual Review of Interdisciplinary Justice Research. 2015. Volume 5 (Kevin Walby with second authors Richard Jochelson, Steven Kohm and Kelly Gorkoff). 1-10.
Educating Justice: Postsecondary Education in the Justice Disciplines. Annual Review of Interdisciplinary Justice Research. Volume 4. 2015 (First author Steven Kohm; Second Authors, Kelly Gorkoff, Richard Jochelson, and Kevin Walby). ISSN 1925-2420.
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. (First authored with second author 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)
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 first authored with Steven Kohm)
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 second coauthors Michael Weinrath and Melanie Murchison)
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 second author Kirsten Kramar)
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 first authored 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 (First authored with second author Melanie Murchison)
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 second author Kirsten Kramar)
Multidimensional Analysis as a Window into Activism Scholarship: Searching for Meaning with Sniffer Dogs. Canadian Journal of Law and Society. 2009 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. (2008) Review of Constitutional Studies 13:2 67-98 (sole author)
Resituating the Vulnerable Community in Free Speech Analysis: A Relational Account of Freedom of Expression (2007) 45 Osgoode Hall L.J. 847 – 848 (sole author)
A Relational Account of Freedom of Expression (2007) Osgoode Hall Law School (366 pages, 80,000 words, sole author)
How Equality Rights May Expand the Scope of Expression. (2003) University of Toronto Law School (139 pages, 40,000 words, sole author)
Book Reviews, Encyclopaedia Entries, Comments in Journals, Refereed Blogs:
*Book Review of Policing in Israel: Studying Crime Control, Community Policing and Counterterrorism. Police Practice and Research: An International Journal. Volume 18(1). 2017. 99-100.
*Campus Sexual Assault and the Disappearance of Statistics. September 18, 2017. Robsoncrim.com
*Social Sciences and Humanities Inform Evidence Based Practice in Law. September 6, 2017.
*“What about Law Students?” – one prof thinks out loud. July 18, 2017.
*Women and the Law- a Statistical Tale of Many Cities. June 12, 2017.
*Exigence- How Roaches Led to Clarity in the Paterson Case. March 24, 2017.
*Intimate Images and the Tyranny of Modern Love/Abuse. January 9, 2017.
*NeoHuman with Agah Bahari: Podcast Episode 21 @robsoncrim. Oct 2, 2016.
*Canada’s Inscrutable Jury Research: Do Canadian Juries Understand Judicial Charges? (Jochelson, Bertrand). October 3, 2016.
Non-refereed Chapters (in Books or Proceedings):
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 (Sole Authored). Online.
Works Currently in Development:
SSHRC Insight Grant for Jury Comprehension Project. 7-8 studies are in development (Grant was successful).
Assessing Attitudes About Sex Work After Parliament’s Response to Bedford (Equal first authors L. Laidlaw, R. Jochelson, M. Bertrand). For Submission to: Canadian Journal of Women and the Law. Manuscript Completed.
Reconstitutions of Harm: Novel Applications of the Labaye Test since 2005. (Equal first author J. Gacek). For submission to Alberta Law Journal. Manuscript Completed.
Animals as Something More Than Mere Property: Interweaving Green Criminology and Law Together. (Equal first author J. Gacek). For submission to Social Sciences (Bill McClanahan and Avi Brisman editors). Manuscript Completed.
University “Consensual” Sex Policies – Contributions to Rape Culture Courtesy of University and Faculty Associations in Canada in Rape Culture on Canadian University Campuses. (First author with coauthors Gacek, Ireland, Tourtchaninova, and Laidlaw). Neland et al editors. Press TBA. Manuscript Completed.
Case by Case Privilege. A Canadian Overview for Prof Chris Hunt. Canadian Privilege Textbook for Carswell. Due August 2018. (Ireland, Jochelson, Stoez)
Justice and Disability – the Canadian story. For Prof Laverne Jacobs. Canadian Disability Law. Due August 2019 (Jochelson, Ireland)
Disability and the Jury – inaccessibility and the denial of justice making in Canada. Disability (In)Justice: Examining Criminalization in Canada. For Fritsch, Monaghan and van der Meulen. (Jochelson, Bertrand)
Sexual Regulation and the Law: a Canadian Perspective. (First Author Jochelson, with second authors Gacek, Ireland, Laidlaw and Menzie). Demeter Press. Contract signed. Manuscript in progress
Landmarks Lost: Hunter v Southam and the Drift from Privacy Protections in Canada’s Criminal Law (Equally first authored with Jochelson, Ireland) to UBC Press. Contract signed. Manuscript almost finished.
Papers Presented and Other Presentations and Other Refereed Contributions (Conferences):
July 2018. XIX ISA World Congress of Sociology. Power, Violence and Justice. Paper Title: Disability in the Courtroom and the Jury Box – perceptions and lessons.
May 2017. Critical Perspectives in Criminology. Ottawa. Paper Title: Landmarks Lost – Retracing Hunter v Southam (with D. Ireland)
June 2017: “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: “Marta Russell and Disability: Jury Work” at Book Launch Event for Disability Politics in a Global Economy, University of Ottawa Law School
June 2016: Law and Society Association Annual Meeting. New Orleans; Paper Title: Disability and Jury Work in Canada. (with M. Bertrand)
June 2015: Society for Disability Studies, Atlanta, G; Paper Title: Empirical Jury Studies and Marta Russell
June 2015: Critical Perspectives in Criminology Conference, Ottawa, ON; Paper Title: The Surveillant Charter
June 2014: 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: Centre for Interdisciplinary Justice Studies: Educating Justice, University of Winnipeg Paper Title: Teaching Criminal Justice in Non Law Programs
June 2013: Canadian Law and Society Association Conference, Vancouver, B.C. Paper; Title: An Empirical Study of Crime Severity
June 2012: 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: 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: 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: 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: 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: 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: Academy of Criminal Justice Sciences Annual Meeting, San Diego, California; Paper Title: Interdisciplinary Approaches to Justice: Some Canadian Reflections