2013-2014 Research Report Fringilla Blandit Mi Ac

2013-2014 Research Report fringilla blandit mi ac

Faculty of Law, Common Law Section

CommonLaw.uOttawa.ca

2013-2014 Research Report Common Law Section, Faculty of Law University of Ottawa

Word from the Vice-Dean Research

Looking back at the year 2013-2014

“As Vice-Dean Research, I am very proud of the accomplishments of our individual researchers and of the Common Law Section as a whole in 2013-14. As a result of the hard work of my predecessors in this office and the support from the Dean of the Common Law Section, we have succeeded in creating a culture of research excellence within this Faculty. That research excellence can be seen in the results and the recognition obtained by our researchers in 2013-14 which are documented in this report.”

Adam Dodek

Goals of the Research Office

The role of the Office of the Vice-Dean Research of the Common Law Section of the Faculty of Law is to encourage and support the successful engagement and leadership of Faculty members in research.

Research Highlights

In 2013-2014, the Common Law Section of the Faculty of Law obtained a total of $2,259,000 in research funding for 80 new or existing research projects. These accomplishments affirm the Office's continued commitment to excellence in research and to providing a strong foundation of support to meet the five research priorities set out by the Vice Dean Research in 2011-2012, namely:

Priority 1: To encourage and support Faculty applications for research funding especially federal government Tri-Council funding but also other sources of funding including the Law Foundation of Ontario, the Foundation for Legal Research, private foundations, government and international organizations.

Priority 2: To promote the dissemination of Faculty research, both internally within the Faculty and externally to the academic community, to government, the public policy community, the media, the broader public, alumni and prospective students, both graduate and undergraduate.

Priority 3: To assist emerging researchers to develop their own research strategy, including support for their 1 research through applicable grants and dissemination of their research.

Priority 4: To seek new avenues of research funding to support the work of Faculty members.

Priority 5: To promote and support the nominations of Faculty members for various awards and prizes.

Our Staff

The Research Office consists of the Vice-Dean Research and the Research Facilitator. Professor Adam Dodek served as the Vice-Dean of Research from July 1, 2012-July 1, 2014. He was assisted in his work by the former Research Facilitator of the Faculty, Hélène Dragatsi.

In the summer of 2014, Professor Elizabeth Sheehy assumed the post of Vice-Dean of Research.

Our Services

The Research Office works closely with researchers, administrators, institutional partners, and funding organizations within Canada and abroad to encourage and support the successful engagement of its bilingual faculty in research. The Office's mandate encompasses the provision of support and strategic direction for faculty members applying for research-related funding, research award and prize submissions, Canada Research Chair (CRC) nominations and renewals, the distribution and management of faculty research funds, support for the diversification and funding of international research initiatives, management of the selection process for faculty research awards.

OUTCOMES AND IMPACT

Distinctions and Awards

Professor Constance Backhouse was elected President-Elect of the Academy of Social Sciences, Royal Society of Canada for 2014-15 and became a delegate to the American Council of Learned Societies for 2013-2016. Professor Backhouse was also awarded the 2013 Governor General of Canada Person’s Medal.

Professors Jennifer Bond’s and David Wiseman’s SSHRC Insight Development project ($74,717) was ranked first overall in Canada by SSHRC for the Insight Development category in 2013-2014.

Dean Nathalie Des Rosiers was appointed to the Order of Canada in June 2013, one of the country’s highest honorary recognitions.

Professor Jeremy de Beer was the Co-convener of the 3rd Global Congress on Intellectual Property and the Public Interest in Cape Town, South Africa from 9-13 December 2013. The conference celebrated the research findings of Professor de Beer and his team’s 3-year, $ 2.75 million Open Africa Innovation Research project (Open AIR).

In January 2014, part time Professor Penny Collenette was awarded the Order of Ontario by the Honourable David C. Onley, Lieutenant Governor of Ontario.

Professor John Currie accepted the 2013 Hugh Lawford Award for Excellence in Legal Publishing for the Canadian Yearbook of International Law/Annuaire canadien de droit international.

Professor Michael Geist won the 2013 Connection Award category of the prestigious annual SSHRC Impact Awards. Professor Geist was also named by Canadian Lawyer as one of the 25 Most Influential Lawyers in Canada.

Professors John Mark Keyes and Joseph Magnet each received the Queen Elizabeth II Diamond Jubilee Medal.

Professor François Larocque won the 2014 Ontario Bar Association Award for Excellence in International Law. Professor Larocque also joined the Philippe Kirsch Institute as a faculty member.

The Lambda Foundation renamed its award at the University of Ottawa the Nicole LaViolette Friends of Lambda Prize, in recognition of Professor Nicole LaViolette.

Professor Vanessa MacDonnell conducted research on the executive’s role in implementing constitutional rights as a fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany.

Professor Errol Mendes was granted a Visiting Fellowship by Harvard Law School in order to continue research that appeared in his 2014 publication, Global Governance, Human Rights and International Law.

Professor Kim Pate was recognized with an Honorary Doctorate (LLD) by The Law Society of Upper Canada.

The Canadian Bar Association awarded Professor Amy Salyzyn a 2013–14 OBA Foundation Chief Justice of Ontario Fellowship in Legal Ethics and Professionalism Research.

Professor Teresa Scassa won the Walter Owen Book prize for her co-authored book (with Michael Deturbide) on Electronic Commerce and Internet Law (CCH 2012). Professor Scassa was also awarded the 2014 Canadian Association of Law Teachers Academic Excellence Award.

Professor Elizabeth Sheehy was awarded the 2013 Ramon John Hnatyshyn Award for Law by the Canadian Bar Association.

Professor Debra Steger was a Visiting Scholar at the Centre for Trade and Economic Integration, Graduate Institute of International Law and Development Studies, Geneva.

The Canadian Association of Black Lawyers honoured Professor Joanne St. Lewis with the “Trailblazer” Award.

Professor Ellen Zweibel won the Desire2Learn Innovation Award in Teaching and Learning, awarded at the 2013 Society for Teaching and Learning in Higher Education (STLHE) annual conference and again at the 2013 Fusion Conference (Boston).

The Hill Times named Professor Adam Dodek’s book, The Canadian Constitution (Dundurn) and Professor Michael Geist’s book, The Copyright Pentalogy (University of Ottawa Press) to the list of the Best 100 Books in Politics, Public Policy and History in 2013.

The University formally recognized Professors Constance Backhouse, Nathalie Des Rosiers, Michael Geist, Vanessa MacDonnell, Joseph Magnet, Errol Mendes, Elizabeth Sanderson, Elizabeth Sheehy, 3

Joanne St. Lewis, and Ellen Zweibel at its 2013 Reception in Celebration of Excellence in Research and Education.

Research Grants

The Common Law Section of the Faculty of Law of the University of Ottawa is a research-intensive law school, with professors who are as active outside the classroom as they are in it. In sum total, the University's common law section administered $2,259,000 in research grants in 2013–2014, in addition to $360,000 in funding received as a comprehensive faculty grant from the Law Foundation of Ontario.

Social Sciences and Humanities Research Council of Canada

As described on its website, “[t]he Social Sciences and Humanities Research Council of Canada (SSHRC) is the federal research funding agency that promotes and supports postsecondary-based research and training in the humanities and social sciences. By focusing on developing talent, generating insights and forging connections across campuses and communities, SSHRC strategically supports world-leading initiatives that reflect a commitment to ensuring a better future for Canada and the world” (see the SSHRC website homepage for more details).

i. Insight Development Grants. The Insight Development Grants program offers up to $75,000 over a maximum of two years to either new scholars or established scholars entering new research areas. Proposed projects may involve, but are not limited to “case studies, pilot initiatives and critical analyses of existing research”. Projects may also involve national and international research collaboration, and the exploration of new ways of producing, structuring and mobilizing knowledge within and across disciplines and sectors.

The SSHRC awarded a $74,717 Insight Development Grant to Professors Jennifer Bond and David Wiseman, and Emily Bates, Executive Director of the University of Ottawa Refugee Assistance Project (UORAP), for their project, Refugee System: The Use of Evidence in the Refugee Status Determination Process. This project was ranked first overall in Canada by SSHRC for the Insight Development category in 2013-2014.

ii. Insight Grants. The SSHRC Insight Grants provide funding from $7,000 to $500,000 over 3 to 5 years for long-term research initiatives.

SSHRC, Genome Canada and three collaborating universities (uOttawa, Saskatchewan and Simon Fraser) awarded Professor Jeremy de Beer (Principal Investigator) and a team of affiliated researchers a 5-year, $354,000 Insight Grant to support the project, Rethinking Intellectual Property Rights for Open Innovation.

Professor Constance Backhouse was granted a 4-year, $191,004, Insight Grant for her project, "Claire L’Heureux-Dubé: a socio-legal biography".

Professors Nathalie Chalifour, Heather McLeod-Kilmurray, and Sophie Thériault were awarded a 5- year, $275,612 Insight Grant for their research on Environmental Justice in Canadian Environmental Law and Policy

Professor Jennifer Chandler was granted a 3-year, $258,436 Insight Grant for her project entitled, Bio- Criminal Justice - What forms of biological behaviour modification methods may a criminal offender be legally coerced to accept?

Professor Larry Chartrand, with Professors Sébastien Grammond and Darren O'Toole, was awarded a $323,904 grant for the 5-year project Métis Treaties in Canada: Past, Present and Future. The proposal for this project ranked 4th overall in Canada out of 67.

Professor Chidi Oguamanam was granted a 5 year, $248,449 Insight Grant for his project, Building Capacity: Toward Aboriginal-Sensitive Access and Benefit Sharing Over Utilizations of Genetic Resources. Professor Teresa Scassa is a collaborator on this project.

iii. Connections Grants. The Connections Grants program “aims to support knowledge mobilization activities – such as networking, disseminating, exchanging and co-creating research-based knowledge – as an important element of publicly engaged scholarship, and as a means of strengthening research agendas”.

Professors Jane Bailey and Valerie Steeves (Faculty of Social Sciences) received a Connections Grant of $24,739 from SSHRC to fund the eGirls, eCitizens: Girls’ Experiences of Gender Privacy and Equality Online conference. In 2013–14, Professor Bailey also headed Working Group 1 of the 7-year SSHRC funded research project Towards Cyberjustice.

Professor Joseph Magnet and part time Professor Tolga Yalkin received $25,000 in 2014 from SSHRC’s Connections Grant program, with additional funding from the Canadian International Council, the Aga Khan Foundation, the Panel and the University of Ottawa, for Governance and its Future in the Horn of Africa.

iv. SSHRC Partnership Development Grants. Partnership Development Grants provide support to foster new research and/or related activities with new or existing partners; and to design and test new partnership approaches for research and/or related activities. These grants are valued at $75,000 to $200,000 over one to three years.

Professor Suzanne Bouclin, was a co-investigator in a SSHRC Partnership Development Grant project entitled ‘’Observatoire sur les profilages racial, social et politique’’ that was awarded $200,000 (2013- 2016).

v. SSHRC Partnership Grants. The SSHRC Partnership Grants, which are valued at a maximum of $500,000 per year over four to seven years for up to a total of $2.5 million, are geared toward inter-university and cross-disciplinary partnerships that also involve the private sector, NGOs, and/or government.

Professors Elizabeth Judge and Teresa Scassa were part of a networked 5-year partnership grant awarded by SSHRC in 2013. The project – entitled GEOTHINK – focuses on Government-Citizen Interactions on the Geoweb. The total budget received from SSHRC for the project is $2,552,984.

The Letter of Intent applications of Professors Jeremy de Beer and Chidi Oguamanam for the Open Air Project and Professor Jane Bailey (with Professor Valerie Steeves of the Faculty of Social Sciences) for the eQuality Project were also approved in the spring 2014. Both projects received a total of $20,000 to prepare the final application due on November 1, 2014.

vi. SSHRC Impact Awards.

The SSHRC Impact awards recognize outstanding researchers and celebrate their achievements in research, research training, knowledge mobilization and outreach activities funded partially or completely by SSHRC.

This year, the SSHRC awarded Professor Michael Geist the very prestigious SSHRC Connection Award. This prize is accompanied by a $50,000 research grant to further advance his SSHRC-funded project, The Future of Copyright Law in Canada: Reconciling Creator and User Rights.

vii. Community-University Research Alliance Projects Professor Martha Jackman concluded her second SSHRC-funded Community-University Research Alliance Project, Reconceiving Human Rights Practice. Co-directed by Bruce Porter, the 5-year $1 million www.socialrightscura.ca project brought together academics and community activists from across Canada to promote innovative and strategic forms of social rights practice, in both international and domestic venues.

viii. SSHRC funded initiatives Professor Ravi Malhotra, with Dr. Benjamin Isitt, co-organized a mini-conference in conjunction with the Canadian Law and Society Association annual meeting, representing the culmination of years of SSHRC funded interdisciplinary research on double amputee and radical intellectual E.T. Kingsley (1856–1929).

Canadian Institutes for Health Research

Professor Tony VanDuzer joined an international team that received a $150,000 grant from the Canadian Institutes of Health Research (CIHR) to study the effects on health of the Trans-Pacific Partnership Agreement (TPP).

Professor Colleen Flood (with Pauline Allen of the London School of Tropical Hygiene and Medicine) received a $325,000 CIHR operating grant for the project “Contracting with Physicians: An Alternative to Legislating Against Dual Practice?”. Professor Flood is also the principal investigator (Director) of the CIHR Training Program in Health Law, Ethics and Policy, which will receive a total of $1.958 million in CIHR funding over six years.

Canadian National Transplant Research Program

Professor Jennifer Chandler will serve as a Co-Leader of the core group focusing on ethical, economic, legal and social issues raised by organ donation and transplantation as part of a 5-year Canadian National Transplant Research Program, announced by the CIHR in 2013. It is the first program in the world to unite and integrate the solid organ transplant, bone marrow transplant and the donation and critical care research communities together in a ground-breaking national research endeavor.

Canadian Society of Transplantation

Each year, the Canadian Society of Transplantation's Allied Health Research Committee awards grants to Allied Health Group members as a part of its research fund. The objectives of this fund are: 1) to provide start-up funds in order to leverage peer reviewed and/or external grant opportunities; 2) to provide a source of funding for transplant related research projects that improve and/or enhance patient care, patient/family satisfaction, and/or outcomes; and 3) to provide leadership and mentorship for novice

6 researchers by providing funding and fostering the relationship between the novice researcher and an experienced researcher.

Professors Vanessa Gruben and Jennifer Chandler received a $5,000 grant from the Canadian Society of Transplantation for an interdisciplinary research project studying the experiences of Canadian families with end-of-life decision-making and donations after cardiac death.

Foundation for Legal Research

Grants from the Foundation for Legal Research are offered for legal research falling into three broad categories: (1) Research and writing where the emphasis is on the statement of existing rules of law, sometimes referred to as doctrinal research; (2) Research with regard to the working of the legal system; and (3) Research with regard to development in fields peripheral to legal doctrine, such as criminology, psychology, psychiatry, sociology and economics and their relationship to rules of law.

Professor Jena McGill was awarded a $5,000 Foundation for Legal Research Grant for her work on Reconciling Competing Human Rights Claims in Canada. Professor Michelle Flaherty was awarded a $5,000 grant for her project concerning The Role of the Adjudicator: Making Justice Accessible for Self- Represented Litigants. Professor Nathalie Chalifour received a $5,000 grant for her research regarding The Application of Section 7 of the Canadian Charter of Rights and Freedoms to Environmental Cases.

Canadian Women’s Foundation

Professor Jane Bailey (with Professor Valerie Steeves of the Faculty of Social Sciences) was awarded a $5,000 grant from the Canadian Women’s Foundation to organize and execute an international, interdisciplinary workshop and public conference entitled “eGirls, eCitizens” and to co-edit a book of collected works.

Research Development Program and Other University Programs

The Research Development Program (RDP) aims to provide a competitive edge to University of Ottawa researchers through the provision of direct, short-term funding. This funding will enable researchers to conduct research which lays the groundwork for a new and competitive research grant application to the Social Sciences and Humanities Research Council (SSHRC), the Natural Sciences and Engineering Research Council (NSERC) or the Canadian Institutes of Health Research (CIHR).

Professors Jennifer Bond and David Wiseman, with Emily Bates, Executive Director of UORAP received $20,000 from the Research Development Program for their work on access to justice and evidence issues arising in Canada’s newly reformed refugee system.

Le Professeur François Larocque a reçu une subvention du Fonds d’appui à la publication d’ouvrages de common law en français de l’Université d’Ottawa pour la préparation de La responsabilité délictuelle en common law, 2e édition avec les professeurs Louise Bélanger-Hardy et Denis Boivin. En plus d’une subvention de 12 000$ de la vice-rectrice associée aux études de l’Université d’Ottawa pour le développement de matériel pédagogique en français.

Le professeur Joseph Roach a obtenu une subvention de 5000 $ du Fonds pour le développement de matériel pédagogique en français de l’Université d’Ottawa pour la préparation de la 2e édition de l’ouvrage Les hypothèques immobilières en Common law.

Common Law Section Research Grants

The Vice Dean, Research, awarded internal grants to Professors Jennifer Bond, Angela Cameron, Vanessa Gruben, Michelle Flaherty, Alain Roussy, Graham Mayeda, Marina Pavlovic, Rakhi Ruparelia, Elizabeth Sheehy, Penelope Simons, Joanne St. Lewis, and David Wiseman to pursue research on topics related to access to justice.

RESEARCH STRUCTURE

Current Research Chair Holders and Distinguished Professorships

Canada Research Chairs

Professor Amir Attaran has held the Tier 2 Canada Research Chair in Law, Population Health, and Global Development Policy since 2005. The Chair's research in law, health, and global development is geared towards strengthening Canada's capability, image, and role in global development through the development and refinement of legal and policy tools.

Professor Michael Geist holds the Tier 1 Canada Research Chair in Internet and E-commerce Law, since 2013 (valued at $1.4 million over 7 years). Professor Geist also held the Tier 2 Canada Research Chair in Internet and E-commerce Law from 2003 to 2013. The Chair's research focuses on outstanding legal, policy, and governance questions about the internet and e-commerce with the goal of creating a more informed and effective Canadian digital economy policy with increased public participation in policy and governance.

Professor Ian Kerr is the holder of a Tier 1 Canada Research Chair in Ethics, Law and Technology, a post he has occupied since 2010. His research examines the many questions of governance concerning the regulation of on-line conduct and information technologies with the goal of improving the regulation of on-line activities.

Professor Teresa Scassa has held the Tier 2 Canada Research Chair in Information Law since 2007 and renewed in 2012. Her research explores how intellectual property and privacy law influence our digital and globalized environment with the goal of developing better policy related to global information technology.

University Research Chairs

Professor Constance Backhouse has held the University of Ottawa's Research Chair in the Foundation of Sexual Assault Law in Canada (1900-1975) since 2003, renewed for another five years in 2013. Professor Backhouse's research involves collecting and analyzing historical, legal and sociological data concerning the evolution of sexual assault law from 1950-1975 and exploring its social ramifications in Canada. 8

Endowed Chairs and Distinguished Professorships

Professor Donald McRae has held the Hyman Soloway Chair in Business and Trade Law since 1996.

Professor Lucie Lamarche has held the Gordon F. Henderson Human Rights Chair since 2007. The Chair was established to strengthen the ability of the Human Rights Research and Education Centre (HRREC) to fulfil its mandate and further enhance its capacity to act as a leader in the field of human rights. Professor Lamarche’s major focus is on the implementation of economic and social human rights using interdisciplinary approaches.

In 2013 Professor Elizabeth Sheehy was named the Shirley Greenberg Chair for Women and the Legal Profession for a two-year appointment. The Greenberg Chair is designed to strengthen teaching, research, and administration with respect to feminist perspectives on the law. It is also designed to maintain and foster links between women in the legal academy and women in the legal profession.

Research Centres, Groups and Laboratories

Centre for Environmental Law and Global Sustainability The Centre for Environmental Law and Global Sustainability is the University of Ottawa's forum for research, teaching, discussion and advocacy related to environmental law. The centre is directed by Professor Nathalie Chalifour.

Centre for Law, Technology and Society The goal of the Centre for Law, Technology and Society (CLTS) is to research, analyze and shed light on the complex and interdependent relationships between law, technology and society. The Centre brings together independent scholars and professors interested in its strategic areas of research, which include a wide variety of subjects relating to law and technology in its broadest sense, and from multiple perspectives, such as : information technology; intellectual property; biotechnology; bioethics; science, technology and society; human rights; governance and public policy; enabling technologies and e- transactions; digital media and communications; safety and security; privacy and access to information; and traditional knowledge. Madelaine Saginur is the Centre’s executive director.

Centre for Trade Policy and Law The Centre for Trade Policy and Law (CTPL) was established to promote greater public understanding of trade policy issues, to foster independent analysis and research of trade policy issues, and to encourage the development of trade policy professionals. The CTPL encourages both applied and theoretical research in the area of trade policy by helping qualified scholars obtain the necessary funds to carry out their research. Research is promoted through the publication of refereed monographs and conference proceedings as well as the development of a resource centre to act as a central repository for material on trade policy. Professor Phil Rourke is Executive Director of CTPL, responsible for all strategic management and operational issues.

CGA Tax Research Centre The CGA Tax Research Centre promotes research in Canadian federal and provincial taxation and in international tax law. The Centre sponsors the publication of research and tax law and policy, provides a forum for national and international conferences on tax law, and contributes to the development of tax policy and related areas of administration. It participates in academic and professional forums on the

9 domestic and international tax scene and acts as a conduit for communication with various governmental agencies. Professor Vern Krishna serves as the Centre's Executive Director.

Emerging Dynamic Global Economies Network (EDGE) The goal of the Emerging Dynamic Global Economies (EDGE) Network is to ensure that the Canadian economy remains competitive and productive while preserving the social fabric of our communities, protecting our environment, and ensuring energy and resource security for future generations. The Network's mandate is to produce multidisciplinary, relevant analysis leading to practical and effective public policy proposals; encourage extensive, informed public discussion and debate; and provide targeted training and exchange programs. Professor Debra Steger serves as the Network's Director.

Human Rights Research and Education Centre The Human Rights Research and Education Centre (HRREC) aims to approach issues regarding human rights from a multidisciplinary and interdisciplinary perspective. To this end, the Centre strives to bring together educators, researchers, and students from a number of different disciplines to address public policy questions concerning peace, migration and immigration, health, environment, international trade and investment, poverty and vulnerable groups. Professor Lucie Lamarche was the director of the HRREC until 2013. Professor John Packer was named the new director of the HRREC in April of 2014.

Institute for the Environment Directed by Professor Stewart Elgie, the University of Ottawa Institute for the Environment aims to build capacity in interdisciplinary research, teaching and community engagement to address environmental challenges through integrated solutions.

IUCN Academy of Environmental Law Under the direction of Professors Jamie Benidickson and Yves Le Bouthillier, the IUCN Academy of Environmental Law is uniquely positioned in building environmental law education capacity and promoting the conceptual development of environmental law. The Academy recognizes that environmental legal education is a vital contributor to the rule of law and to robust environmental governance essential for sustainable development and can be achieved through: development and delivery of programs aimed at building university teaching capacity in environmental law; generation of global research programs with major partners to feed into national and international environmental law and policy agendas; and convening major international conferences and exchange through the efforts of its Secretariat and its electronic communications. The coordination of activities of the Academy and administrative functions are carried out by the Secretariat located at the Faculty of Law.

Legal Writing Academy The Legal Writing Academy is dedicated to improving legal writing anywhere. The University of Ottawa Legal Writing Academy integrates practical writing instruction throughout all three years of legal study. Students gain experience with real-life writing demands through credited writing courses within the formal curriculum, module units integrated into first year and upper-year substantive courses, a workshop series open to all students, and peer-mentoring sessions. Academy professors include the founders and experienced lawyers with a passion for writing and writing pedagogy. Professor Ellen Zweibel directs the Academy.

Refugee Hub The University of Ottawa Refugee Hub is an umbrella organization with a mandate to support, promote, celebrate, and bring together these initiatives. In particular, the Refugee Hub funds refugee law-related projects, publicizes the events and achievements of its affiliates, and facilitates collaboration within the Faculty of Law as well as across faculties and the broader Ottawa community. Professor Jennifer Bond is the Faculty Coordinator of the Refugee Hub.

Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC) The Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC) is a law and technology clinic based at the Centre for Law, Technology & Society at the University of Ottawa’s Faculty of Law. CIPPIC’s mandate is to advocate in the public interest on diverse issues arising at the intersection of law and technology. David Fewer has served as the clinic’s director since 2009.

PUBLICATIONS

Faculty Academic Publications Printed or Forthcoming during 2013–14

Books and monographs

Abell, Jennie, Elizabeth Sheehy, Natasha Bakht, Criminal Law and Procedure: Proof, Defences and Beyond, 5th Ed (Concord: Captus, 2014) 572 pp.

Benidickson, Jamie. Environmental Law, 4th ed (Toronto: Irwin Law, 2013).

Boivin, Denis, La réparation en common law et en equity (Montréal : Yvon Blais, 2012).

Boivin, Denis, Insurance Law, 2d ed. (Toronto: Irwin Law, 2014).

Chalifour, Nathalie, Adam Dodek and Heather McLeod-Kilmurray et al, Science Manual for Canadian Judges, (Ottawa: National Judicial Institute, 2013).

Collins, Lynda & Heather McLeod-Kilmurray. The Canadian Law of Toxic Torts (Toronto: Carswell, 2014).

Currie, John, ed-in-chief, Canadian Yearbook of International Law/Annuaire canadien de droit international, vol 50 (UBC Press, 2014).

Currie, John and Craig Forcese, Joanna Harrington and Valerie Oosterveld, International Law: Doctrine, Practice, and Theory, 2nd ed (Toronto: Irwin Law, 2014). de Beer, Jeremy, C. Armstrong, C. Oguamanam, & T. Schonwetter, Innovation & Intellectual Property: Collaborative Dynamics in Africa (Cape Town: UCT Press, 2013). de Beer, Jeremy et al (Elahi, S. and J. de Beer, with D. Kawooya, C. Oguamanam, N. Rizk) Knowledge & Innovation in Africa: Scenarios for the Future, (Cape Town: Open AIR, 2013). de Beer, Jeremy & M. Burri, “Transatlantic Copyright Comparisons: Making Available via Hyperlinks in the European Union and Canada” (2013) Working Paper No. 2013/22 World Trade Institute NCCR.

Dodek, Adam, Solicitor-Client Privilege (LexisNexis, 2014).

Feldthusen, Bruce, Linden, Allen, and Klar, Lewis, Canadian Tort Law, Cases, Notes & Materials 14th ed (LexisNexis, 2014).

Geist, Michael (ed.) The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (University of Ottawa Press, 2013) 11

Jackman, Martha & Bruce Porter. Rights-Based Strategies to Address Homelessness and Poverty in Canada: The Constitutional Framework (2013) University of Ottawa Faculty of Law Legal Studies Working Paper Series 2013-10 (SSRN).

Jackman, Martha & Bruce Porter. International Human Rights and Strategies to Address Homelessness and Poverty in Canada: Making the Connection (2013) University of Ottawa Faculty of Law Legal Studies Working Paper Series 2013-09 (SSRN).

Kerr, Ian et al (Mitchell McInnes, Ian Kerr and J. Anthony VanDuzer) 4th Ed. Managing the Law: The Legal Aspects of Doing Business (Pearson Education: Toronto, 2013),

Kerr, Ian et al (Ryan Calo, Michael Froomkin and Ian Kerr) Robot Law (Cheltenham: Edward Elgar, 2014)

LaViolette, Nicole. Sexual Orientation, Gender Identity and the Refugee Determination Process. (2013) Immigration and Refugee Board of Canada.

LaViolette, Nicole. L’ orientation sexuelle, l’ identité sexuelle et le processus de détermination du statut de réfugié, (2013) online Immigration and Refugee Board of Canada.

Mayeda, Graham & Peter Oliver, eds, Principles and Pragmatism: Essays in Honour of Louise Charron (Toronto: LexisNexis, 2014).

Mendes, Errol, Canadian Charter of Rights and Freedoms, 5th Ed (Canada: LexisNexis, 2013)

Mendes, Errol, Global Governance, Human Rights and International Law (Routledge, 2014)

Oguamanam, Chidi and Jeremy de Beer et al, eds, Knowledge and Innovation in Africa: Scenarios for the Future (UCT, 2014).

Oguamanam, Chidi and Jeremy DeBeer et al, eds, Innovation and Intellectual Property: Collaborative Dynamics in Africa (UCT, 2013).

Scassa, Teresa et al (B. Courtney Doagoo, Mistrale Goudreau, Madelaine Saginur and Teresa Scassa) eds Interdisciplinary Approaches to Intellectual Property Law (Irwin Law, 2014)

Scassa, Teresa et al (Gregory Hagen, Cameron Hutchison, David Lametti, Graham Reynolds, Teresa Scassa and Margaret Ann Wilkinson). Canadian Intellectual Property Law: Cases, Notes and Materials (Emond Montgomery Publications, 2013).

Sheehy, Elizabeth, Defending Battered Women on Trial: Lessons from the Transcripts (Vancouver: UBC Press, 2014)

Simons, Penelope and Audrey Macklin. The Governance Gap: Extractive Industries, Human Rights, and the Home State Advantage (Routledge, 2014).

VanDuzer, J. Anthony, Penelope Simons and Graham Mayeda, Integrating Sustainable Development into International Investment Agreements: A Guide for Developing Country Negotiators (Commonwealth Secretariat, 2013).

VanDuzer, J. Anthony, Mitchell McIness, Ian Kerr, Managing the Law: Legal Aspects of Doing Business, 4th. ed, (Toronto: Prentice Hall Canada, 2013)(author of 6 chapters, pages 514-657). 12

Book Chapters

Abell, Jennie, “Gendering International Human Rights: Promoting Equality and Security for Women and Girls, a View from Canada” in Jaya Sagade, Vedna Jivan, and Christine Forster, eds, Challenging Laws, Changing Laws: Feminism in the Subcontinent and Beyond (Lucknow, India: Eastern Book House, forthcoming 2014).

Backhouse, Constance, “Sexual Harassment: A Feminist Phrase that Transformed the Workplace” in Shelagh Day, Lucie Lamarche, and Ken Norman, eds, 14 Arguments for Human Rights Institutions in Canada (Toronto: Irwin Law, 2014) 209. Revised version, republished from Canadian Journal of Women and the Law.

Bakht, Natasha. “The Incorporation of Islamic Family Law in North America” in Anver M Emon & Kristen Stilt, eds, Handbook on Islamic Law (Toronto: Oxford University Press, forthcoming).

Bailey, Jane and Valerie Steeves. “Will the Real Digital Girl Please Stand Up?”, in Hille Koskela and Macgregor Wise, eds,, New Visualities, new technologies: The new ecstasy of communication (Ashgate Publishing: 2013).

Bouclin, Suzanne (with G. Calder & S. Cowan) “Playing Games with Law” in Z. Bankowski, M. Del Mar and P. Maharg, eds, The Arts and the Legal Academy: Beyond Text in Legal Education (Surrey: Ashgate, 2013) 69

Cameron, Angela. “Lesbian Mothers, Family Law and Assisted Human Reproductive Technologies” in Jennifer Kilty, ed,, Women and the Law (Toronto: Canadian Scholar’s Press, 2014).

Chandler, Jennifer A., “Legally-coerced consent to treatment in the criminal justice system” in Holmes, D., Perron, A. and Jacob, J.-D., eds, Power and the Psychiatric Apparatus: Repression, Transformation and Assistance (Farnham UK: Ashgate Publishing, 2014) 199.

Collins, Lynda. “The Role of the United Nations in Environmental Human Rights” in Louis Kotze and Anna Grear, eds, Environmental Human Rights (London: Edward Elgar, 2014). de Beer, Jeremy & S. Bannerman, “Access to Knowledge as a New Paradigm for Research on ICTs and Intellectual Property Rights,” in H. Emdon, L. Elder, B. Petrazzini and R. Fuchs, eds, Connecting ICTs to Development: The IDRC Experience (Ottawa: Anthem Press, 2013) 75. de Beer, Jeremy, “Copyright Royalty Stacking,” in M. Geist, ed, The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (Toronto: Irwin Law, 2013) 335. de Beer, Jeremy, C. Armstrong, C. Oguamanam & T. Schonwetter, “Current Realities of Collaborative Intellectual Property in Africa” in J. de Beer et al, eds, The Collaborative Dynamics of Innovation and Intellectual Property in Africa (Cape Town: UCT Press, 2013) 373. de Beer, Jeremy, C. Oguamanam & T. Schonwetter, “Innovation, Intellectual Property and Development Narratives in Africa” in J. de Beer et al, eds, The Collaborative Dynamics of Innovation and Intellectual Property in Africa (Cape Town: UCT Press, 2013) 1. de Beer, Jeremy, I. Sowa & K. Holman, “Frameworks for Analysing African Innovation: Entrepreneurship, the Informal Economy and Intellectual Property” in J. de Beer et al, eds, The Collaborative Dynamics of Innovation and Intellectual Property in Africa (Cape Town: UCT Press, 2013) 32. 13

de Beer, Jeremy. “Mapping the Outcomes of Multidisciplinary Intellectual Property Research: Lessons from the African Copyright Experience,” in T. Scassa et al, eds, Intellectual Property for the 21st Century: Multidisciplinary Perspectives on Intellectual Property Law (Toronto: Irwin Law, 2014). de Beer, Jeremy & C. Oguamanam, “Open Minds: Lessons on Intellectual Property, Innovation and Development from Nigeria,” in M. Smith and K. Reilly, eds, Open Development: Networked Innovations in International Development (Cambridge, MA: MIT Press, 2013) 249.

Des Rosiers, Nathalie, “Democratic governance – Empowering Paticipatory Citizenship,” in Matthew Behrer, Unions Matter – Advancing Democracy, Economic Equality and Social Justice (Toronto, Between the Lines, 2014) 95.

Flaherty, Michelle, “Ontario’s Direct Access Model to Human Rights”, in S. Day, L. Lamarche and K. Norman, eds, 14 Arguments in Favour of Human Rights Institutions, (Irwin Law Inc., 2014).

Flaherty, Michelle, “Private Law and its Normative Influence on Human Rights”, in K. Barker and D. Jensen, eds, Private Law: Key Encounters with Public Law (Cambridge University Press, 2013).

Flaherty, Michelle, “Self-Represented Litigants: A Sea Change in Adjudication”, in P. Oliver and G. Mayeda, eds, Principles and Pragmatism: Essays in Honour of Louise Charron (Toronto: LexisNexis, 2014).

Foucher, Pierre, « Introduction à l’ étude du droit administratif » dans JurisClasseur Québec, collection droit public, vol. 14 – Droit administratif (Toronto : LexisNexis, 2014) fascicule 1.

Foucher, Pierre, « Langue, Territoire et droit » in Julie Boissonneault and Ali Arrighi, eds., Langue et Territoire – Études en aménagement linguistique (Sudbury: Laurentian University, Human Sciences Monograph Series 14, 2014) 4.

Foucher, Pierre, « Les droits linguistiques dans le secteur privé » dans Bastarache et Doucet, eds, Droits linguistiques au Canada, 3e édition (Montréal, Yvon Blais, 2013) 787.

Foucher, Pierre, « Les articles 16 à 22 de la Charte », dans Mendes et Beaulac, dir. Charte canadienne des droits et libertés, 5e édition (Toronto, LexisNexis, 2013) 1029.

Forcese, Craig. “Judicial Supervision of Antiterrorism Law in Comparative Democracies,” in Ben Saul ,ed, Research Handbook on International Law and Terrorism (Edward Elgar Publishing, 2014) 521.

Geist, Michael. “Fairness Found: How Canada Quietly Shifted from Fair Dealing to Fair Use”, in M. Geist, ed, The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (Ottawa: University of Ottawa Press, 2013) 157.

Gruben, Vanessa. “Chapitre 5 : Le bilinguisme judiciaire” in Les droits linguistiques au Canada, 3e édition (Yvon Blais, 2014).

Jackman, Martha & Bruce Porter. “Introduction: Advancing Social Rights in Canada”, in Martha Jackman & Bruce Porter, eds, Advancing Social Rights in Canada (Toronto: Irwin Law, 2014)

Jackman, Martha & Bruce Porter. “Rights Based Strategies to Address Homelessness and Poverty in Canada: the Charter Framework” in Martha Jackman & Bruce Porter, eds, Advancing Social Rights in Canada (Toronto: Irwin Law, 2014).

Jackman, Martha. “Law as a Tool for Addressing Social Determinants of Health” in Nola Ries, Tracey Bailey &Timothy Caulfield, eds., Public Health Law and Policy in Canada, 3rd ed. (Markham: LexisNexis Canada, 2013) 91.

Judge, Elizabeth, “Righting a Right: Entertainment Software Association v SOCAN and the Exclusive Rights of Copyright for Works,” in Michael Geist, ed., The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (Ottawa: University of Ottawa Press, 2013) 403.

Judge, Elizabeth and Daniel Gervais, “Physionomie et problématiques modernes du monopole octroyé par le droit des brevets,” in Propriété intellectuelle in JurisClasseur Québec (LexisNexis, 2013) Fascicule 21.

Kerr, Ian & Jason Millar, “Delegation, Relinquishment and Responsibility: The Prospect of Robot Experts” in Robot Law, eds. Calo, Froomkin, and Kerr (Cheltenham: Edward Elgar, 2014).

Kerr, Ian & Katie Szylagyi, “Asleep at the Switch? How Lethal Autonomous Robots Become a Force Multiplier of Military Necessity” in Robot Law, eds. Calo, Froomkin, and Kerr (Cheltenham: Edward Elgar, 2014).

Larocque, François, « Les recours en matière de droits linguistiques » dans M. Bastarache, dir., Les droits linguistiques au Canada, 3e édition (Cowansville : Éditions Yvon Blais, 2014).

LaViolette, Nicole. “Overcoming Problems with Sexual Minority Refugee Claims: is LGBT Cultural Competency Training the Solution?” in Thomas Spijkerboer, ed., Fleeing Homophobia. Sexual Orientation, Gender Identity and Asylum (Oxon, United Kingdom: Taylor & Francis Books, 2013) 189.

Le Bouthillier, Yves. « Claim for refugee protection in Canada by selective objectors: an evolving jurisprudence» in Paul Robinson et David Whetham, eds, Selective conscientious objections and military service in the 21st century (Ashgate, 2014,) 155.

MacDonnell, Vanessa, “Internet Surveillance and Popular Constitutionalism” in George Williams, Fergal Davis and Nicola McGarrity, eds, Surveillance, Counter-Terrorism and Comparative Constitutionalism (Oxford: Routledge, 2014),313.

Mayeda, Graham & Peter Oliver, “Principles and Pragmatism: An Introduction” in G. Mayeda & P. Oliver, eds, Principles and Pragmatism: Essays in Honour of Louise Charron (Toronto: LexisNexis, 2014).

O’Toole, Darren, "From Entity to Identity to Nation: The Ethnogenesis of the Wiisaakodewininiwag (Bois- Brûlés) Reconsidered" in The Metis in Canada, Christopher Adams, Gregg Dahl and Ian Peach, eds. (Edmonton: University of Alberta Press, 2013) 143.

Oguamanam, Chidi and Jeremy de Beer et al, “Current Realities of Collaborative Intellectual Property in Africa” in DeBeer et al eds. Innovation and Intellectual Property: Collaborative Dynamics in Africa (UCT, 2013) at 373–394.

Oguamanam, Chidi and Jeremy de Beer et al “Innovation, Intellectual Property and Development Narratives in Africa” in de Beer et al eds. Innovation and Intellectual Property: Collaborative Dynamics in Africa (UCT, 2013) 1.

Oguamanam, Chidi and Teshager Dagne. “Geographical Indication (GI) Options for Ethiopian Coffee and Ghanaian Cocoa” in de Beer, et al eds. Innovation and Intellectual Property: Collaborative Dynamic in Africa, (UCT, 2013) 77.

Oguamanam, Chidi, “Developing Countries and Legal Institutions at the Intersection of Agricultural Biotechnology and Development” in Stuart Smyth, et al eds. Handbook on Agriculture, Biotechnology and Development (Elgar, 2014).

Oguamanam, Chidi. “Intellectual Property: The Promise and Risk of Human Rights, in C. Doagoo, et al eds. Intellectual Property for the 21 Century: Interdisciplinary Approaches, (Irwin Law, 2014).

Oliver, Peter, “Reform of the Supreme Court of Canada from Within: To What Extent Should the Court Weigh in regarding Constitutional Conventions” in Nadia Varelli, ed. The Democratic Dilemma: Reforming Canada’s Supreme Court (Montreal/Kingston: McGill- Queen’s Press, 2013).

Oliver, Peter and Graham Mayeda, “Principles and Pragmatism: An Introduction” in Graham Mayeda and Peter Oliver, eds, Principles and Pragmatism: Essays in Honour of Louise Charron (Toronto: LexisNexis, 2014).

Oliver, Peter and Marie-France Chartier, “La juge Charron et le fédéralisme coopératif” in Graham Mayeda and Peter Oliver, eds, Principles and Pragmatism: Essays in Honour of Louise Charron (Toronto: LexisNexis, 2014).

Scassa, Teresa “Acknowledging Copyright’s Illegitimate Offspring: User-Generated Content and Canadian Copyright Law”, in M. Geist, ed., The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (Ottawa: University of Ottawa Press, 2013) 431.

Scassa, Teresa et al (Benoit Seguin and Teresa Scassa) “Ambush marketing legislation to protect Olympic sponsors: A step too far in the name of brand protection”, in C. Doagoo, M. Goudreau, M. Saginur & T. Scassa, eds., Interdisciplinary Approaches to Intellectual Property Law, (Toronto: Irwin Law, 2014) 500

Scassa, Teresa et al (Nate J. Engler, Teresa Scassa & D.R. Fraser Taylor) “Cybercartography and Volunteered Geographic Information” in D.R. Fraser Taylor, ed., Developments in the Theory and Practice of Cybercartography: Applications and Indigenous Mapping (Elsevier, 2014) 43.

Scassa, Teresa, D.R. Fraser Taylor, & Tracey Lauriault, “Cybercartography and Traditional Knowledge: Responding to Legal and Ethical Challenges” in D.R. Fraser Taylor, ed., Developments in the Theory and Practice of Cybercartography: Applications and Indigenous Mapping (Elsevier, 2014) 279.

Scassa, Teresa, Mistrale Goudreau, Madelaine Saginur & B. Courtney Doagoo, “Interdisciplinary Approaches to Intellectual Property Law”, in Interdisciplinary Approaches to Intellectual Property Law, (Toronto: Irwin Law, 2014) 1.

Scassa, Teresa. “Disponibilité des signes”, Chapter in JurisClasseur Québec, Propriété Intellectuelle, (LexisNexis, 2014) – (looseleaf service).

Simons, Penelope. “International Law’s Invisible Hand and the Future of Corporate Accountability for Violations of Human Rights” in L. Blecher, N.K. Stafford & G.C. Bellamy, eds., Corporate Responsibility for Human Rights Impacts: New Expectations and Paradigms (American Bar Association, 2014) 79.

Steger, Debra. “International Trade and Investment: Towards a Common Regime?”, in Roberto Echandi and Pierre Sauvé, eds, Prospects in International Investment Law and Policy (Cambridge University Press, 2013) 156.

Steger, Debra P., “Enhancing the Legitimacy of International Investment Law by Establishing an Appellate Mechanism”, in Armand de Mestral and Céline Lévesque, eds, Improving International Investment Agreements (London: Routledge, 2013) 247.

Journal Articles

Attaran Amir, Benton D., Chauvin J., McKee M., Percival V. (2014) “Webcast the World Health Assembly” The Lancet, 383:125

Attaran Amir, Capron A. (2014) “Universal health coverage and health laws” The Lancet, 383:25

Attaran, Amir et al (Binagwaho A., Bate R., Gasana M., Karema C., Mucyo Y., Mwesigye J.P., Biziyaremye F., Nutt C.T., Wagner C.M., Jensen P., Attaran A.) (2013) “Combatting Substandard and Falsified Medicines: A View from Rwanda” PLoS Medicine, 10(7):1-3 e1001476

Attaran, Amir et al (Mackey T.K., Liang B.A., Kohler J.C., Attaran A.) (2014) “Health Domains for Sale: The Need for Global Health Internet Governance” Journal of Medical Internet Research, Volume 16, Issue 3:e62

Attaran, Amir et al (MacKey T.K. , Liang B.A., Attaran A., Kohler J.C.) (2013) “Ensuring the future of health information online” The Lancet, 382:1404

Attaran, Ami et al (S. Yusuf, J. Bosch, P. Joseph, E. Lonn, T. McCready, A. Mente, R. Nieuwlaat, P. Pais, A. Rodgers, J.D. Schwalm, R. Smith, K. Teo, D. Xavier) (Working Group on the Summit on Combination Therapy for CVD) (2014) “Combination pharmacotherapy to prevent cardiovascular disease: present status and challenges” European Heart Journal, 35(6):353-364.

Attaran, Amir et al (D.R. Roberts, R. Maharaj, M. Coetzee, R.H. Hunt, J. Govere, R. Tren, J. Urbach, L. Blumberg) (2014) “Response to: Bouwman, H. et al. halogenated pollutants in terrestrial and aquatic bird eggs: Converging patterns of pollutant profiles, and impacts and risks from higher levels” Environmental Research, 132:457-458.

Backhouse, Constance, “‘We Don’t Hire A Woman Here’: Claire L’Heureux-Dubé and the Career Prospects for Early Female Law Graduates from Laval University,” Queen’s Law Journal, 39:2 (2014) 355-390.

Backhouse, Constance, “What If? Career Paths Not Taken: Claire L’Heureux-Dubé and Politics” Canadian Journal of Law and Society / Revue Canadienne Droit et Société, 2014, vol. 29.2, 273-288.

Backhouse, Constance, “Sexual Harassment: A Feminist Phrase that Transformed the Workplace” Shelagh Day, Lucie Lamarche, and Ken Norman 14 Arguments for Human Rights Institutions in Canada (Toronto: Irwin Law, 2014) 209-236.

Bailey, Jane and Jacquelyn Burkell. “Implementing Technology in the Justice Sector: A Canadian Perspective” (2013) 11:2 Canadian Journal of Law & Technology 253.

Bailey, Jane. “Sexualized online bullying’ through an equality lens: Missed opportunity in Ab v. Bragg?” (2013) 59-3 McGill Law Journal.

Bakht, Natasha. “A v B and Attorney General of Quebec (Eric v Lola)—The Implications for Cohabiting Couples Outside Quebec” (2014) Canadian Journal of Family Law.

Bélanger-Hardy, Louise. “Thresholds of Actionable Mental Harm in Negligence: A Policy-Based Analysis” (2013) 36 Dalhousie LJ 1-33.

Bond, Jennifer, “Principled Exclusion: A Revised Approach to Article 1F(a) of the Refugee Convention”, (2013) 35 Michigan Journal of International Law 15-78.

Bond, Jennifer, “Failure to Report: The Manifestly Unconstitutional Nature of the Human Smugglers Act” (2014) Osgoode Hall Law Journal 51:2.

Bond, Jennifer and Meghan Fougere, “Omnipresent Threats: A Comment on the Defence of Duress in International Criminal Law”, (2014) 14:3 International Criminal Law Review 471 -512.

Bond, Jennifer. “Failure to Report: The Manifestly Unconstitutional Human Smugglers Act”, (2014) 51:2 Osgoode Hall Law Journal 377.

Bond, Jennifer and David Wiseman, “Shortchanging Justice: The Arbitrary Relationship between Refugee System Reform and Federal Legal Aid Funding” (2014) 91:3 Canadian Bar Review 583-635.

Bouclin, Suzanne & Marie-Andrée Denis-Boileau. « La cyberjustice comme réponse aux besoins juridiques des personnes itinérantes :son potentiel et ses embûches » (2014) Recueil Annuel d’ Accès à la Justice de Windsor.

Bouclin, Suzanne. “Women’s Suffrage: A Cinematic Study” in Literature, History of Ideas, Images and Society, Special Issue: Equality Rights – Myth or Reality in Contemporary English-Speaking Societies (2014) Vol XII, No 7, on-line: http://lisa.revues.org/6918

Bouclin, Suzanne and J. PastoraSala. “Une analyse de la règlementation des personnes itinérantes selon une perspective pothienne,” Canadian Journal of Women and the Law/Revue femmes et droit (2013) 25-1 1-30.

Bouclin, Suzanne. “Regulated Out of Existence: A Case Study of Ottawa’s Ticket Defence Program” (2014) Vol. 11 Journal of Law and Equality, pp. 35-83.

Bouclin, Suzanne. “Youtube and Muslim Women’s Legal Subjectivities”, (2013) Oñati Socio-Legal, 3–7 1158.

Cairns-Way, Rosemary. “Deliberate Disregard: Judicial Appointments under the Harper Government”, (2014) Supreme Court Law Review.

Cameron, Angela and Paul Daly, “Furthering Substantive Equality through Administrative Law” (2014) 61 Supreme Court Review 169.

Chandler, Jennifer A. and A. Mogyoros, T. Martin Rubio, E. Racine, “A second look at the legal and ethical consequences of pharmacological memory dampening: The case of sexual assault” (2013) 41(4) Journal of Law Medicine and Ethics 859-871.

Chandler, Jennifer A. and E. Racine, T. Martin Rubio, C. Forlini, J. Lucke, “The value and pitfalls of speculation about science and technology in bioethics: the case of cognitive enhancement” (2014) 17(3) Medicine, Health Care and Philosophy 325-337.

Collins, Lynda M. & Sarah Morales, “Aboriginal Environmental Rights in Tort” (2014) 27 Journal of Environmental Law & Practice 1 -21. 18

Collins, Lynda M., “Evergreen? The Environmental Law of Torts (2014) 22 Tort L Rev 107-119. de Beer, Jeremy & M. Burri, “Transatlantic copyright comparisons: making available via hyperlinks in the European Union and Canada,” (2014) 36(2) European Intellectual Property Review 95. de Beer, Jeremy, A. Mogyoros & S. Stidwill, “Present Thinking on the Future of Intellectual Property,” (2014) 11:1 SCRIPTed – A Journal of Law, Technology & Society 69. de Beer, Jeremy, K. Fu & S. Wunch-Vincent, “The Informal Economy, Innovation and Intellectual Property – Concepts, Metrics and Policy considerations,” (2013) 10 WIPO Economics Working Paper.

Des Rosiers, Nathalie, “La liberté d’expression,” (2013) 7/1-7/25 Encyclopédie juridique JurisClasseur.

Des Rosiers, Nathalie, “Le droit de dire et le devoir d’écouter – L’ espace démocratique, la vulnérabilité et le rôle de la société civile,” (2013) 73 Annales de Droit de Louvain 21.

Flaherty, Michelle, “A Failed Game Changer: Post-Secondary Education and the Accessibility for Ontarians with Disabilities Act”, (2014) 24:1 Education Law Journal.

Forcese, Craig. “A Tale of Two Citizenships: Citizenship Revocation for ‘Traitors and Terrorists’,” (2014) 39(2) Queens Law Journal.

Forcese, Craig. “Accountability with a Dash of Context and a Pinch of Fire and Brimstone,” (2014) 91 Canadian Bar Review.

Forcese, Craig. “Touching Torture with a Ten Foot Pole: The Legality of Canada’s Approach to National Security Information Sharing with Human Rights-Abusing States,” (2014) 52(1) Osgoode Hall Law Journal.

Gruben, Vanessa, Allison McGeer and Reed Siemieniuk, “Healthcare workers, mandatory influenza vaccination policies, and the law” (2014) Canadian Medical Association Journal.

Gruben, Vanessa. “Women as Patients, Not Spare Parts: Examining the Relationship between the Physician and Women Egg Providers” (2013) 25 Canadian Journal of Women and the Law 249.

Judge, Elizabeth, “Curious Judge: Judicial Notice of Facts, Independent Judicial Research, and the Impact of the Internet,” (2013) Annual Review of Civil Litigation 325-350

Judge, Elizabeth & Saleh Al-Sharieh, “Join the Club: The Implications of the Anti-Counterfeiting Trade Agreement’s Enforcement Measures for Canadian Copyright Law” (2012) 49:3 Alberta Law Review 677, republished in Lynn Campbell, ed, Legal Issues In Electronic Commerce, 4th ed (Captus Press, 2013).

Kerr, Ian & Katie Szilagyi, “Evitable Conflicts, Inevitable Technologies? The Science and Fiction of Robotic Warfare and International Humanitarian Law” forthcoming in Law, Culture and Humanities available online: http://lch.sagepub.com/content/early/2014/01/01/1743872113509443.full.pdf+html

Kerr, Ian and Jessica Earle, “Prediction, Preemption, Presumption How Big Data Threatens Big Picture Privacy.” (2013) 66 Stanford Law Review Online 65.

Larocque, François et al (Mark Power, Darius. Bossé). « Constitutional Litigation, the Adversarial System and Some of its Adverse Effects » (2012) 17:2 Review of Constitutional Studies 1.

Larocque, François, Mark Power, « Let (Language) Right(s) Prevail :Le statut du français au Barreau du Haut-Canada » (2012–2013) 44:1 Ottawa Law Review 105.

Larocque, François et M. Power « Qui se marie prend pays : Le divorce exogame, la garde des enfants et le droit constitutionnel à l’instruction dans la langue de la minorité » (2014) 1 Revue de droits linguistiques 3- 29.

Le Bouthillier, Yves. « Épilogue : Des constats et des questions sur le Principe des responsabilités communes mais différenciées » (2014) 55 :1 Cahiers de droit 315 à 324.

Liew, Jamie. “Taking it Personally: Delimiting Gender-Based Claims using the Complementary Protection Provision in Canada’s Refugee Definition” (2014) 26:2 Canadian Journal of Women and the Law 300-330.

MacDonnell, Vanessa, “The Constitution as Framework for Governance” (2013) 63:4 University of Toronto Law Journal 624-654.

MacDonnell, Vanessa. “Book Review: Juries in the 21st Century, by Jacqueline Horan” (2014) 12:1 Canadian Journal of Law and Technology 133-139.

MacDonnell, Vanessa & Hughes, Jula, “Social Science Evidence in German and Canadian Constitutional Law: Some Comparative Observations” (2013) 32:1 National Journal of Constitutional Law 23-60.

MacDonnell, Vanessa & Hughes, Jula, “The German Abortion Decisions and the Protective Function in German and Canadian Constitutional Law” (2013) 50:4 Osgoode Hall Law Journal 999-1050.

MacDonnell, Vanessa, Pearlston, Karen and Hughes, Jula. “Equality & Incrementalism? The Role of Common Law Reasoning in Constitutional Rights Cases after Bedford (ONCA)” (2014) 44:3 Ottawa Law Review 467-506 (co-authored in equal proportions).

Marin, Michael, “Disembedding Corporate Governance: The Crisis of Shareholder Primacy in the UK and Canada” (2013) 39:1 Queen’s Law Journal 223.

Mathen, Carissima, “‘A Precarious, Chancy Situation’: Aboriginal Gaming Rights in Canada“ (2013) 46:2 UBC Law Review 349–395.

Mathen, Carissima and Michael Plaxton, “Purposive Interpretation, Quebec and the Supreme Court Act” (2013) 22:3 Constitutional Forum 15.

Mathen, Carissima, “Rational Connections: Oakes, Section 1 and the Charter’s Legal Rights” 43:3 (2013) Ottawa Law Review 491.

Mathen, Carissima, “The Upside of Dissent in Equality Jurisprudence” (2013) 63 Supreme Court Law Review 111.

Mayeda, Graham & Peter Oliver, “Principles and Pragmatism: An Introduction”, (2014), 65 Supreme Court Law Review 1.

McGill, Jena, “Section 15(2), Ameliorative Programs and Proportionality Review,” (2013) 61 Supreme Court Law Review 521.

McGill, Jena, “SOGI… So What? Sexual Orientation and Gender Identity in International Human Rights Discourse,” (2014) 3:1 Canadian Journal of Human Rights. 20

McGill, Jena, “Survival Sex in Peacekeeping Economies: Re-Reading the Zero Tolerance Approach to Sexual Exploitation and Sexual Abuse in United Nations Peace Support Operations,” (2014) 18:1 Journal of International Peacekeeping.

O’Toole, Darren, "Case Commentary: Manitoba Metis Federation v. Canada" (2014) 3: 1 & 2 Aboriginal Policy Studies 178-187.

Oguamanam, Chidi. “Open Innovation in Plant Genetic Resources for Food and Agriculture” (2013) 14 Chicago-Kent Journal of Intellectual Property 11.

Oguamanam, Chidi. “Rio+21: Indigenous Knowledge and Intellectual Property in Coastal and Ocean Law” (2013) 27 Ocean Yearbook 121.

Oliver, Peter, “Canadian Legal Federalism Since 1982” (Spring 2013) Canadian Issues/Thèmes canadiens 7.

Oliver, Peter and Marie-France Chartier, “La juge Charron et le fédéralisme coopératif” (2014) 61 Supreme Court Law Review 189.

Oliver, Peter and Stephen Tierney, Book Review/Response, Constitutional Referendums: The Theory and Practice of Republican Deliberation, Int’l J. Const. L. Blog, 2014.

Roussy, Alain, “Cut-and-Paste Justice: a Case Comment on Cojocaru v British Columbia Women’s Hospital and Health Centre”, (2013) 52:3 Alberta Law Review, 761-778.

Roussy, Alain, “La réforme du Sénat au Canada,” (2014) 45 :1 Ottawa Law Review, 93-136.

Ruparelia, Rakhi, “Legal Feminism and the Post-Racism Fantasy” (2014) 26 Canadian Journal of Women and the Law 81-115.

Salyzyn, Amy, “Positivist Legal Ethics Theory and the Law Governing Lawyers: A Few Puzzles Worth Solving.” (2014) 42:2 Hofstra Law Review.

Salyzyn, Amy, “The Judicial Regulation of Lawyers in Canada” (2014) 37 Dalhousie Law Journal.

Salyzyn, Amy, “A Comparative Study of Attorney Responsibility for Fees of an Opposing Party” (2013) 3(2) St. John’s Journal of International and Comparative Law 71.

Salyzyn, Amy, “Foreclosures, Freemen, Foreign Law Schools and the Continuing Search for Meaningful Access to Justice: Correspondent’s Report from Canada” (2013) 16(1) Legal Ethics 223.

Salyzyn, Amy, “John Rambo v. Atticus Finch: Gender, Diversity and the Civility Movement” (2013) 16(1) Legal Ethics 97.

Scassa, Teresa, “Antisocial Trademarks”(2013) 103:5 Trademark Reporter 1172.

Sheehy, Elizabeth, Julie Stubbs and Julia Tolmie, “Securing Fair Outcomes for Battered Women Charged with Homicide: Analysing Defence Lawyering in R v Falls” (2014) 38:2 Melbourne UL Rev 666-708.

St-Hilaire, Gabrielle, “A Ponzi Scheme Can be a Source of Income” (2013) 23 (no. 9) Can. Current Tax 97.

St-Hilaire, Gabrielle, “Donation schemes: Does it Matter Who Provides the Benefit?” (2013) 23 (no. 7) Can. Current Tax 73.

Steger, Debra. “Book Review: Jacqueline Krikorian, International Trade Law and Domestic Policy: Canada, the United States, and the WTO” in “Letters in Canada 2012” (2014) 83:2 University of Toronto Quarterly.

VanDuzer, J. Anthony, “Could an Intergovernmental Agreement Make Canadian Treaty Commitments in Areas within Provincial Jurisdiction More Credible?” (2013) 68 International Journal 536-544.

Wiseman, David. “Managing the Burden of Doubt: Social Science Evidence, the Institutional Competence of Courts, and the Prospects for Anti-Poverty Charter Claims (2014) 33:1 National Journal of Constitutional Law.

Research Seminars and Special Events

Centre for International Policy Studies  Doctrines Adrift? Are Justice, the Responsibility to Protect and Peacekeeping Missions Contributing to Peace. October 4th 2013. Speaker: Louise Arbour  War Powers: Judging Constitutional Authority. January 23rd 2014. Speaker: Professor Mariah Zeisberg.  Protecting Refugees: It's a Human Rights Issue. February 3rd 2014. Speaker: Alex Neve  Drones, Morality, and International Law. February 6th 2014. Speaker: Professor David Luban.  Cat and Mouse: The Politics of Intellectual Property and Enforcement. February 7th. Speaker: Professor Susan K. Sell.

Centre for Law, Technology and Society  A Conference to Launch the Copyright Pentalogy. October 4th 2013. Speakers: Carys J. Craig, Paul Daly, Jeremy de Beer, Michael Geist, Greg Hagen, Elizabeth F. Judge, Ariel Katz, Teresa Scassa, Samuel Trosow, and Margaret Ann Wilkinson.  Information Session for the 2014 First-Year Intern Program. October 10th 2013. Session lead by Professor Marina Pavlovic.

Centre for Law, Technology and Society Speaker Series:  Who is Watching the Watchers? A panel of Canadian privacy and surveillance in the post-Snowden era. October 16th 2013. Speakers: Craig Forcese, Michael Geist, Ian Kerr, Valerie Steeves and Wesley Wark.  ICTs for Development: Regulatory Frameworks and Enabling Environments. October 22nd 2013. Speakers: Dr. Nagla Rizk.  Anonymity in Our Age of Internet Defamation. November 27th 2013. Speaker: Alex Smith  Intellectual Property for the 21st Century: Interdisciplinary Approaches March 5th 2014. Speakers: Prof. Teresa Scassa, Prof. Mistrale Goudreau, Joao Velloso, and Louis D’Alton  Social Media and Personal Privacy: Towards a Typology of Privacy Orientations. March 26th 2014. Speaker : Dr. Jacquelyn Burkell

The Human Rights Research and Education Centre  Art and Human Rights. September 18th 2013. Speakers: Professors Richard Lubben, Jennifer Clark, and Jaime Koebel  The Plight of the Girl Child in India. September 19th 2013. Speaker: Professor Jennifer Clark  RED "Respect, Equality and Dignity" Human Rights Art Exhibit and Conference. October 23rd 2013.

 Art & Law Experts Examine Labels and Judgements. October 23rd 2013. Panelists: Professors Future Akins, Jaime Koebel, Larry Chartrand, and Joanne St. Lewis with the Right Honourable Justice Luc Martineau. Moderator: Richard Lubben  Mining Company - NGO Partnerships: Development or Distraction? November 11th 2013. Public forum chaired by: Professor Penelope Simons. Featuring: Ted Thomas, Ben Chalmers, Professor Stephen Brown, and Ian Thompson.  The Human Cost of Killer Drones. November 27th 2013. Hosted by the Ottawa Peace Assembly (OPA) and International Civil Liberties Monitoring Group (ICLMG). Panel: Farea Al-Muslimi, Alex Neve and John Packer.  From the Medical Model to the Model of Rights. November 27th 2013. Speaker: Philippe Dufresne.  Exploring Disability Identity and Disability Rights through Narratives, Finding a Voice of Their Own. November 28th 2013. Speakers: Professor Ravi Malhotra, Morgan Rowe, and Professor Rachel Gorman.  Homophobia in the Inter-American System on Human Rights. January 27th 2014. Speaker: Douglas Janoff  Law as Ally or Enemy in the War on Cyberbullying. March 14th 2014. Speaker: Professor A. Wayne MacKay.

The Shirley E. Greenberg Chair for Women and the Legal Profession Speaker Series:  L'indemnisation des victimes d'actes criminels: from conflicting rationales to constitutional protection. September 11th 2013. Speaker: Dean Nathalie Des Rosiers.  The Politics of Rape. October 17th 2013. Speaker: Jane Doe of Jane Doe v Metro Toronto Police.  160 Girls' Making Legal History. November 20th 2013. Speaker: Fiona Sampson.  Secularism, Neutrality and Women's Equality: Facing Quebec's Bill 60. February 5th 2014. Speaker: Professor Vrinda Narrain.  Defending Battered Women on Trial by Elizabeth Sheehy: Voices in Response. February 18th 2014. Panel: Dr. Angela Cameron, Professor Vanessa MacDonnell; Professor Elizabeth Sheehy; Professor Rosemary Cairns, Leighann Burns, Kim Pate, Professor Rakhi Ruparelia, and Professor Sarah Morales.  Advocating for Women's Equality in International Fora. March 5th 2014. Speaker: Dr. Sharon McIvor.  The Gender of Legal Ethics: Privilege, Diversity and the Future of Legal Professionalism. March 25th 2014. Speaker: Janine Benedet.

Joint Events

Environmental Law & Human Rights Research and Education Centre Joint Speaker Series:  Subaltern Environmentalism: Women, indigenous peoples and envisioning a post-extractive society in Peru and Ecuador. February 12th 2014. Speaker: Dr. Areli Valencia.

Human Rights Research and Education Centre & Centre for International Policy Studies joint- presentation:  Puerto Rico, The Status Question: Sovereignty or Submission? September 16th 2013. Speaker: Professor Neysa Rodriguez.