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Research Assistant Needed Professor Gerard Kennedy Is Research Assistant Needed Professor Gerard Kennedy is seeking to hire a Robson Hall student as a research assistant this summer, for up to 35 hours per week for 14 weeks at $16.00 per hour. The RA will assist Professor Kennedy in at least two projects: 1. The first is a partially normative and partially empirical analysis of the concept of “deference” in various aspects of law. It is posited that this is used to describe two phenomena that, though related, are conceptually distinct. One phenomenon is yielding as a matter of obligation. The second is respectful consideration. It is posited that this is recognized in many facets of law as well as common sense. But in the realm of administrative law, the conflation of these phenomena is posited to have led to unfortunate confusion in case law and practice. A research assistant will analyze case law and normative research from around the world to ensure that the research is comprehensive. This will be complemented by research conducted in case law to illustrate how the term “deference” (and related terms) has been used. 2. The second project is an analysis of intervention in civil procedure. A careful empirical analysis will be undertaken concerning the numbers of cases at various courts throughout Canada on both the frequency of intervention and the ability of intervention to affect a court’s decisions. This will require significant triaging and cases so that I can analyze them. This will be set against the backdrop of recent Federal Court of Appeal decisions critiquing excessive interventions. This work may be especially interesting to aspiring litigators and those with an interest in access to justice and administrative law. Depending on the progression of the projects, a third project may be explored looking at Supreme Court of Canada decision-making, specifically analyzing the extent to which they decisions have been increasingly likely to adopt the reasons of Court of Appeal judges without independent analysis. The work will largely consist of searching through and analyzing Canadian case law (differing for the two projects), but will also consist of research of secondary sources, and assisting in turning both research projects into being ready for publication. “Check-ins” of at least once a week will be required (barring exceptional circumstances/reasonably scheduled vacation) so preference will be given for a student based in Winnipeg. However, I am willing to consider the possibility of working remotely, especially given the concerns surrounding COVID-19. I would also be willing to consider the possibility of “splitting” the hours between two students, depending on the circumstances, though that is not my preference. Ability to read the French language would be an asset. If you would like to apply, please send the following to [email protected] by Friday March 19, 2021: • a cover letter; • a curriculum vitae; • a copy of your transcript (it need not be an official transcript); and • a sample of legal research/writing. .
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