Recent publications by Faculty

List of recent publications by Faculty of Law professors as of May 15, 2020 from the Associate Dean, Research & Graduate Studies.

Dr. Kjell Anderson was recently in The Hague to observe the closing arguments of the Dominic Ongwen trial at the Interntional Criminal Court (ICC).  While there, he was a guest on Asymmetrical Haircuts, a podcast dealing with issues in international justice. He discussed his research on perpetrators of international crimes, as well as the Ongwen trial.  The full episode is available here: https://www.asymmetricalhaircuts.com/episodes/episode-22-perceptions-of-evil-with-kjell-anderson/

Prof. Karen Busby, together with Joanna Birenbaum, have written, “Achieving Fairness: A Guide to Campus Sexual Violence Complaints”, published by Thomson Reuters.

Dr. Gerard Kennedy recently published, “When Vavilov Makes Judicial Review More Difficult: Findings of Fact in a Statutory Appeal” in Intra Vires, the Canadian Bar Association’s Administrative Law publication. The article, co-authored with Alyssa Clutterbuck, looks at instances where the Supreme Court’s recent Vavilov decision has made it more difficult to judicially review the decisions of administrative actors, contrary to many general impressions of Vavilov.

Assistant Professor Krish Maharaj recently published “Good for Everyone or Not Good at All: Clarity and Commitment in Contractual Good Faith” in the Supreme Court Law Review (2020) 96 SCLR (2d) 107.  The article builds on Professor Maharaj’s prior work on good faith in Canadian contract law and the duty of honest performance introduced by the Supreme Court in 2014.  Professor Maharaj’s stated aim is to establish the basic criteria that Canadian contract law must satisfy before good faith type duties of the honest performance variety can play a useful part in Canadian law.  The article is available online through the LexisNexis online store and in print.

Dr. Jennifer L. Schulz’s latest book, Mediation & Popular Culture, has been published by Routledge and is available online.  Dr. Schulz’s book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows (e.g. The Office, The Good Wife and many others) and award-winning films (e.g. Amélie, Wedding Crashers, etc.) are used as illustrative examples to illuminate under-represented mediation topics such as feelings and expert intuition, conflicts of interest and repeat business, and deception and caucusing. Schulz employs research from Australia, Canada, China, Europe, India, Israel, Japan, Singapore, South Africa, the United Kingdom and the USA to demonstrate that real and reel mediation may have more in common than we think. How mediation is imagined in popular culture, compared to how professors teach it and how mediators practise it, provides important insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity.

Dr. Virginia Torrie’s review of David Sandomiersky, Aspiration and Reality in Legal Education (Toronto: University of Toronto Press, 2020) was published in the Ottawa Law Review.

Dr. Virginia Torrie presents, “The Companies’ Creditors Arrangement Act Reference (1934) Case” on May 20. The presentation is to be part of a virtual workshop series on Corporate, Commercial & Consumer Law organized by Dr. Anna Lund, University of Alberta.

She also published a monograph, Reinventing Bankruptcy Law: A History of the Companies’ Creditors Arrangement Act (University of Toronto Press, 2020). The book offers a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation.

The Banking & Finance Law Review published issues 35.2, overseen by Dr. Torrie, Editor-in-Chief. This issue feature contributions from Canada, Australia, United States, United Kingdom, Singapore, Hong Kong and Israel.In March, the Law Commission published Reform of The Wills Act, The Law of Property Act and The Beneficiary Designation Act, Revisited. Commissioners of the MLRC include Cameron Harvey, QC, president; Dr. Michelle Gallant and Sacha Paul. The Commission gratefully acknowledges Prof Donn Short for bringing to the attention of the Commission the issue respecting s. 29 of The Wills Act and and s.17.4 The Law of Property Act.

Volume 8.1 of the Canadian Journal of Human Rights was published in May. Dr. Donn Short, Editor-in-Chief; Eric Penner, Senior Editor; Meghan Rede, Samantha Morry, Zev Macklin, Reid Buchanan, Adam Lakusta, Editors. Dr. Short and Jack Powles, Summer Editor, are currently working over the summer on volume 9.1.