Research » Faculty Books

Our faculty members engage in scholarly work on the cutting edge of legal issues relevant to our local, national, and international communities. Their research is used by lawyers, courts, legislative bodies and policy-makers across the country, and is published in leading journals and books by renowned presses. Here are some of the latest books published by our professors. Please visit our Faculty & Staff page under the Faculty drop-down tab for more detailed lists of each professor’s publications.


Kjell Anderson Perpetrating Genocide book coverAnderson, Kjell

Assistant Professor
Director, Master of Human Rights program

Perpetrating Genocide: A Criminological Account. London: Routledge (2018).

“Focusing on the relationship between the micro level of perpetrator motivation and the macro level normative discourse, this book offers an in-depth explanation for the perpetration of genocide. It is the first comparative criminological treatment of genocide drawn from original field research, based substantially on the author’s interviews with perpetrators and victims of genocide and mass atrocities, combined with wide-ranging secondary and archival sources. Topics covered include: perpetration in organizations, genocidal propaganda, the characteristics of perpetrators, decision-making in genocide, genocidal mobilization, coping with killing, perpetrator memory and trauma, moral rationalization, and transitional justice.” - Publisher’s description (excerpt).


Dr. Kjell Anderson's book Researching Perpetrators of genocide

Researching Perpetrators of Genocide, Edited by Kjell Anderson and Erin Jessee (2020).

"Researchers often face significant and unique ethical and methodological challenges when conducting qualitative field work among people who have been identified as perpetrators of genocide. This can include overcoming biases that often accompany research on perpetrators; conceptualizing, identifying, and recruiting research subjects; risk mitigation and negotiating access in difficult contexts; self-care in conducting interviews relating to extreme violence; and minimizing harm for interviewees who may themselves be traumatized." - Publisher's description (excerpt).


Busby, Karen

Professor

The Idea of a Human Rights Museum . Co-edited with Adam Muller and Andrew Woolford, University of Manitoba Press (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.” - Publisher’s description (excerpt).


Achieving Fairness: A Guide to Campus Sexual Violence Complaints. Co-authored with Joanna Birenbaum, Thomson Reuters/Carswell (2020).

“Anyone drawn into decision-making on a campus sexual violence complaint faces a steep learning curve. This book will guide readers through the procedural, evidentiary, substantive and discretionary legal issues that can arise when these complaints are made.” - Publisher’s description (excerpt).

See UM Today news story about this title, Achieving fairness: Law Professor co-authors guide to campus sexual violence complaints.


Gibson, Dale

Distinguished Professor Emeritus

Law, Life and Government at Red River, Volume 1: Settlement and Governance 1812 – 1872. Forward by Jim Phillips. McGill University Press (2015).

“In Law, Life, and Government at Red River, Dale Gibson provides rich, revealing glimpses into the community, and its complex relations with the Hudson’s Bay: the colony’s owner, and primary employer. Volume 1 details the history of the settlement’s establishment, development, and ambivalent relationship with the legal and undemocratic, but gradually, grudgingly, slightly, more representative, governmental institutions forming in the area, and the legal system’s evolving engagement with the Aboriginal population.” - Publisher’s description (excerpt).


Law, Life and Government at Red River, Volume 2: General Quarterly Court of Assiniboia, Annotated Records, 1844-1872. McGill University Press (2015).

“In Law, Life, and Government at Red River, Dale Gibson provides rich, revealing glimpses into the community, and its complex relations with the Hudson’s Bay: the colony’s owner, and primary employer. Volume 2 provides a complete annotated, and never-before-published transcription of testimony from Red River’s courts, presenting hundreds of vignettes of frontier life, the cases that were brought before the courts, and the ways in which the courts resolved conflicts.” - Publisher’s description (excerpt).


Gunn, Brenda

Professor

Renewing Relationships: Indigenous Peoples and Canada. Co-edited with Karen Drake. Wiyasiwewin Mikiwahp Native Law Centre, University of Saskatchewan (2019).

“This edited collection features essays by Indigenous legal academics from across Canada. Some Indigenous nations might embrace principles of reconciliation, while others reject the concept and instead advocate for resistance or decolonization. This collection builds on existing literature that addresses issues such as the inclusion of Indigenous laws, self-determination, and the role of the constitution.” - Publisher’s description (excerpt).


Harvey, Cameron

Professor Emeritus

Agency and Partnership Law Primer. 5th edition co-authored with Darcy MacPherson. Carswell (1993), 5th ed. 2016.

“This publication provides a clear and straightforward introduction to the Canadian law of agency. A complete selection of topics, case and statute references relevant to Canadian agency law, plus a compendium of reasons for the most important cases, are available in this easy-to-use text. In the fifth edition, the treatment of several topics has been revised to reflect recent cases and recent legislation.” - Publisher’s description.


Heckman, Gerald

Associate Professor

Administrative Law: Cases, Text and Materials, 8th ed. co-authored with David J. Mullan, Janna Promislow and Gus Van Harten, Emond (2022).

"The eighth edition includes an in-depth analysis of the Supreme Court of Canada’s 2019 Vavilov  trilogy, discussing its fundamental changes for judicial reviews and statutory appeals as well as its impact on lower courts. This edition provides an updated look at the remedies in administrative law (monetary, non-monetary and Charter) and the role of judicial discretion, the interpretation and application of statutory restrictions, judicial proposals for a public law approach to liability, and re-evaluations of existing principles of governmental liability. This respected casebook is an ideal for instructors who adopt the case-analysis teaching approach to the Canadian doctrine of administrative law." - Publisher's description


Immigration and Refugee Law: Cases, Materials, and Commentary, 3rd ed. co-authored with Sharryn Aiken, Colin Grey, Catherine Dauvergne, Jamie Chai Yun Liew and Constance MacIntosh, Emond (2020).

Immigration and Refugee Law: Cases, Materials, and Commentary, 3rd Edition explores the current state of Canada’s evolving immigration system, surveyed in historic, social, and comparative contexts. Authored by Canada’s leading scholars in the field, this casebook equips students with the key building blocks of immigration, refugee, and citizenship law. Each chapter presents a multi-faceted approach to the subject, including insightful commentary on race, gender, and class. - Publisher's description

 


Ireland, David

Associate Professor

Privacy in Peril: Hunter v. Southam and the Drift from Reasonable Search Protections Co-authored with Richard Jochelson. Vancouver: UBC Press (2019).

Jochelson and Ireland, who teach Criminal Law and Evidence at the University of Manitoba’s Faculty of law, take a close look at the 1984 Supreme Court of Canada case Hunter v Southam, in which the SCC declared warrantless searches to be unreasonable under section 8 of the Charter. Police would henceforth require authorization based on “reasonable and probable grounds.” The decision promised to protect individuals from encroaching state power, but Jochelson and Ireland argue that while post-Hunter search and seizure law has strayed from the SCC decision and that the core principles of Dickson’s vision for section 8 rights have been diminished in an era of heightened security and expanding police powers, increasing citation of Hunter in the halls of justice offers hope that some protection of civil liberties will endure in the twenty-first century.


book cover-Law and Disability-Jochelson IrelandLaw and Disability in Canada: Cases and Materials. Co-authored with Laverne Jacobs, Ruby Dhand, Richard Jochelson, Freya Kodak and Odelia Bay. Lexis-Nexis (2021).

See description below.


Jochelson, Richard

Professor

Criminal Law and Precrime: Legal Studies in Punishment and Surveillance in Anticipation of Criminal Guilt. Routledge (2017) Co-authored with James Gacek, Lauren Menzie, Kirsten Kramar and Mark Doerksen.

“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 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.” - Publisher’s description (excerpt).
See UM Today story about this title, Robson Hall Associate Professor Richard Jochelson has co-authored a new book titled Criminal Law and Precrime.


Privacy in Peril: Hunter v. Southam and the Drift from Reasonable Search Protections. Co-authored with David Ireland. Vancouver: UBC Press (2019).
See above description.


Sexual Regulation and the Law: a Canadian Perspective. Co-edited with James Gacek. Demeter Press (2019).

“This collection is founded upon the editors’ joint experiences in teaching in law and society programs in Canada. The authors have witnessed cobbled together curriculums which rely upon a potpourri of sources from law, criminology, criminal justice and law and society disciplines. There exists a growing interest from university students and legal scholars alike for a reader in the context of law reform and legal change in respect of sexual politics and movements in Canada, especially in the context of more modern iterations of crime and sexual politics. Furthermore, while this collection is intended to be educational in the main, it will foster broader discussions in the context of legal regulation of sex and sexuality in Canadian jurisprudence.” - Publisher’s description (excerpt).


book cover-Law and Disability-Jochelson IrelandLaw and Disability in Canada: Cases and Materials. Co-authored with Laverne Jacobs, Ruby Dhand, David Ireland, Freya Kodak and Odelia Bay. Lexis-Nexis (2021).

"Law and Disability in Canada: Cases and Materials is a comprehensive overview of law and disability issues in Canada. The authors – six academics and experts in the field – discuss persons with disabilities and their interactions with the law as a holistic phenomenon that requires knowledge of and engagement with different areas of law. Through an examination of barriers regularly faced by people with disabilities, they present key and foundational domestic and international equality rights instruments (including the Charter, human rights law and the Convention on the Rights of Persons with Disabilities), the history of disability rights litigation and several contemporary access to justice issues." - Publisher's description (excerpt).

See UM Today story about this title: Law professors engage in cross-Canada collaboration on Law and Disability Case Book


Cover of Green Criminology and the Law edited by James Gacek and Richard JochelsonGreen Criminology and the Law. Palgrave Studies in Green Criminology series. Co-Edited with James Gacek. Palgrave Macmillan, Cham (2022).

"This edited collection is grounded in a green criminological approach to understand whether the law, both in effect and implications, reflects, refracts, or sublimates the social, political and ecological conditions of our times. Since its initial proposal in the 1990s, green criminology has focused the criminological gaze on a wide array of harms and crimes affecting humans, animals other than humans, ecological systems, and the planet as a whole.... Recognizing that humanity and nature are inextricably integrated, Green Criminology and the Law reflects the range and depth of high-quality research and scholarship, combining contributions from established scholars willing to explore new topics and recent entrants who are breaking new scholarly ground." - Publisher's description (excerpt).

 


MacPherson, Darcy

Professor

Agency and Partnership Law Primer, 5th ed. co-authored with Cameron Harvey. Carswell (1993, 5th ed. 2016).

“This publication provides a clear and straightforward introduction to the Canadian law of agency. A complete selection of topics, case and statute references relevant to Canadian agency law, plus a compendium of reasons for the most important cases, are available in this easy-to-use text. In the fifth edition, the treatment of several topics has been revised to reflect recent cases and recent legislation.” - Publisher’s description.


Schulz, Jennifer L.

Professor

A Transnational Study of Law and Justice on TV. Co-edited with Peter Robson. Hart Publishing (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)…. 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.” – Publisher’s description (excerpt).


Ethnicity, Gender, and Diversity: Law and Justice on TV. Co-edited with Peter Robson USA: Lexington (2018).

“Television and streamed series that viewers watch on their TVs, computers, phones, and tablets are a crucial part of popular culture They have an influence on viewers and on law. People acquire values, behaviors, and stereotypes, both positive and negative, from television shows, which are relevant to people’s acquisition of beliefs and to the development of law. In this book, readers will find the first transnational, empirical look at ethnicity, gender, and diversity on legally-themed TV shows. Scholars determine the three most watched legally-themed shows in Brazil, Britain, Canada, Germany, Greece, Poland, Switzerland and the United States and then examine gender, age, ability, ethnicity, race, class, sexual orientation and nationality in those shows and countries. As such, this book provides an important link between law, TV, and what is going on in real life.” -Publisher’s description.


Mediation & Popular Culture London: Routledge (2020).
“This book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows and award-winning films 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. The author also employs research from Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, India, Israel, Japan, the Netherlands, New Zealand, Singapore, South Africa, Spain, the United Kingdom and the United States of America 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 affective, ethical, legal, personal and pedagogical insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity.” -Publisher’s description.


Short, Donn

Professor

Making the Case 2SLGBTQ+ Rights and Religion in Schools with Bruce MacDougall and Paul T. Clarke, UBC Press, Purich Books, The University of Chicago Press (2021)

“Making the Case clearly shows how Canadian law responds to what are known as “competing human rights claims,” when conflict arises between people asserting sexual minority rights and those asserting religious rights, for example, when a principal forbids same-sex prom dates or when parents oppose gay-straight alliance clubs. With a focus on the Charter of Rights and Freedoms, the authors call on related court cases to explain the position of Canadian law. They demonstrate that Canadians have rights to religion and rights to gender expression or sexual orientation; and that supporting sexual minority rights does not undermine other people’s rights to religious freedom.”


Am I Safe Here? LGBTQ Teens and Bullying in Schools 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.


Don’t Be So Gay! Queers, Bullying, and Making Schools Safe (Vancouver: UBC Press, 2013).

“Once viewed as an inevitable if unpleasant part of growing up, bullying is now recognized as a real threat to students’ physical and psychological well-being – particularly in light of recent teen suicides linked with homophobia in schools. Despite a shift in public attitudes and legislative responses to the problem, bullying remains a constant reality for many queer youth in Canadian schools.

In “Don’t Be So Gay!” Queers, Bullying, and Making Schools Safe, Donn Short considers the effectiveness of anti-harassment policies and safe-school legislation to address the problem of homophobic bullying. After spending several months in ten Toronto-area high schools interviewing queer youth and their allies, Short concludes that current legislation and its approach to school safety and homophobia is generally more responsive than proactive and transformative. “Don’t Be So Gay!” suggests that while effective legislation is vital to establishing a safe space for queer students, other influences – including religion, family beliefs, and peer pressure – may be more powerful. Drawing on students’ own experiences and thoughts on how safety is pursued in their schools and how their understandings and definitions of safety might be translated into law and policy reform, this book offers a fresh perspective on a hotly debated issue.

While aimed at policy makers and scholars in the fields of gender and sexuality studies, education, and human rights, this book will find a wider audience among teachers, parents, and GLBTQ advocates.” – Publisher’s description.


The Every Teacher Project on LGBTQ-Inclusive Education in Canada’s K-12 Schools  with Catherine Taylor & Tracey Peter & Elizabeth Meyer. (Winnipeg: Manitoba Teachers’ Society, 2015).

“This report presents the results of the online survey phase of the “Every Teacher Project” on Canadian K-12 educators’ perceptions and experiences of “LGBTQ-inclusive” education, including curriculum, policies, and practices that include positive and accurate information about lesbian, gay, bisexual, transgender, Two Spirit, and queer people as well as issues related to gender and sexual diversity (also known as GSD-inclusive education). This type of education is inclusive of students who would otherwise be marginalized by school climates that are typically hostile to lesbian, gay, bisexual, transgender, Two Spirit, or queer students, or students questioning their sexual orientation or gender identity (LGBTQ); to students who have LGBTQ parents, friends or other loved ones; and to cisgender heterosexual (CH) students who can also be directly or indirectly affected by homophobia, biphobia, and transphobia.” –Publisher’s description.


Full Frontal Diva, by Dr. Donn ShortFull Frontal Diva

"Tommy, Jimmy and Kenny are three very different kids from the same small town where, in 1969, a young boy is murdered. All three are troubled, all three have secrets, and all three are ensnared in a trap that will build and tighten over twenty years. As they confront the truth of what happened-and its lasting effects on all three of them—Full Frontal Diva captures the claustrophobia and bigotry of small town life, examining attitudes towards sexuality, shame and violence. Filled with piercing commentary, wry humour, brutal honesty, and unexpected tenderness, here is a dark, psychological myster that exposes a tragic world of sexual secrets and desires as Tommy, Jimmy and Kenny unearth what they know about themselves, each other, and ultimately about Donnie Gallagher—the long-dead queer kid."


Torrie, Virginia

Associate Professor

Reinventing Bankruptcy Law: A History of the Companies' Creditors Arrangement Act (Toronto: University of Toronto Press, 2020) 312 pp. (foreword by Anthony Duggan).

“Reinventing Bankruptcy Law explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis.” - Publisher description (excerpt).

Please see the UM Today story, Dr. Torrie publishes first book, “exploding” conventional wisdom.


book cover of Debt and Federalism by Virginia Torrie and Thomas GW Telfer

Debt and Federalism: Landmark Cases in Canadian Bankruptcy and Insolvency Law, 1894-1937 with Thomas G.W. Telfer (Landmark Cases in Canadian Law series, Vancouver: UBC Press, 2022) 284 pp.

"Debt and Federalism traces changing conceptions of the federal bankruptcy and insolvency power through four landmark cases that together form the constitutional foundation of the Canadian bankruptcy system.

"Thomas G.W. Telfer and Virginia Torrie draw on a wide array of archival and legal sources to analyze the four decisions from a historical and doctrinal perspective, and to situate them within the appropriate social, economic, and political contexts. This astute book demonstrates that together, the specific legal changes brought about by these landmark cases underpin contemporary bankruptcy and insolvency law and scholarship." - Publisher description (excerpt).


Turnbull, Lorna

Professor

Mothering and Welfare: Depriving, surviving, thriving. Co-edited with Karine Levasseur & Stephanie Paterson. Toronto: Demeter Press (2020).

“This volume investigates the intersections of welfare, gender and mothering work in the current political climate. It explores austerity and the policies of neo-liberal governments that work to deprive some mothers of their welfare. This volume also considers how motherhood is socially constructed in various social locations and places around the world. Last, it examines different ways of thinking about mothering and what changes to laws and policies are required to assist all who are mothering and provide better support to their families.” - Publisher description.

Please see the UM Today story, Interdisciplinary collaboration yields results to benefit caregivers, families.