Full bibliography | Windsor Law Faculty Publications

This article will detail an event of revolutionary action in the historiography of anti-colonial and anti-imperial struggle in Iraq, namely al-Wathba (‘the leap’) of 1948, utilising it as an example to address the limitations of the methodology and analysis of Third World Approaches to International Law (TWAIL) scholarship. I will argue that there is a disconnect between notions of agency and structure in TWAIL analyses and that therefore TWAIL scholars should consider studying the conjunctures that allowed certain movements ample room to struggle against the imperialism of international law in the first place. I will use the example of the Wathba to illustrate how a conjunctural analysis may be undertaken, analysing its implications for the international legal order. I will then move to highlight the significance of labour to the conjuncture in question. Finally, I will demonstrate how events like the Wathba illuminate the transient and provisional nature of the foundations of international law, while emphasising its structural constraints.

Jacobs, B. (2018). Sacred Sisters and Sacred Circles: A Story of One Nehiyawak Family and the Power of Spirit. In K. Anderson, M. Campbell, & C. Belcourt (Eds.), Keetsahnak: our missing and murdered Indigenous sisters (First edition). The University of Alberta Press.

"In Keetsahnak / Our Murdered and Missing Indigenous Sisters, the tension between personal, political, and public action is brought home starkly. This important collective volume both witnesses the significance of the travelling exhibition Walking With Our Sisters and creates a model for antiviolence work from an Indigenous perspective. The contributors look at the roots of violence and how it diminishes life for all. They acknowledge the destruction wrought by colonial violence, and also look at controversial topics such as lateral violence, challenges in working with "tradition," and problematic notions involved in "helping." Through stories of resilience, resistance, and activism, the editors give voice to powerful personal testimony and allow for the creation of knowledge."--

Jacobs, B. (2018). Decolonizing the Violence Against Indigenous Women. In P. McFarlane & N. Schabus (Eds.), Whose Land Is It Anyway? A Manual for Decolonization. Federation of Post-Secondary Educators of BC). https://fpse.ca/decolonization_manual_whose_land_is_it_anyway

We are pleased to announce the publication of Whose Land Is It Anyway?

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Jacobs, L. (2018). Delegation and consultation : how the administrative state functions and the importance of rules. In C. M. Flood & L. Sossin (Eds.), Administrative law in context (Third edition). Emond Montgomery Publications Limited.

Jacobs, L. (2018). The Universality of the Human Condition: Theorizing Transportation Inequality Claims by Person with Disabilities in Canada, 1976-2016. Canadian Journal of Human Rights, 7, 35–66. https://heinonline.org/HOL/P?h=hein.journals/canajo7&i=38

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Jacobs, L. A. (2018). Delegation and consultation : how the administrative state functions and the importance of rules. In C. M. Flood & L. Sossin (Eds.), Administrative law in context (Third edition.). Emond Montgomery Publications Limited.

"[This book examines] key principles and cases by leveraging the distinct voices of leading scholars and instructors from across Canada. This...analysis gives students a better sense of how administrative boards and tribunals work in practice. To offer a more comprehensive understanding of subject matter, resources like practice tips, checklists, and a companion website have also been included in the text. This combination of theory and applied learning has resulted in a highly effective teaching tool that students can take from the classroom into practice."--Publisher's description.

Kalajdzic, J. (2018). Class actions in Canada: the promise and reality of access to justice. UBC Press.

"Whatever deficits remain in the Canadian project to make justice available to all, class actions have been heralded as a success. They have been employed over the past twenty-five years to overcome barriers to justice for those who would otherwise have no recourse to the courts. First proposing a conceptualization of access to justice that moves beyond mere access to a court procedure, leading expert Jasminka Kalajdzic then methodically assesses survey data and case studies to determine how class action practice fulfills or falls short of its objectives. Class Actions in Canada is a timely exploration of the evolution of collective litigation in Canada."--

Kalajdzic, J. (2018). Questions of Funding and Compensation on the 50th Anniversary of Modern Class Actions Courts Law. Jotwell: The Journal of Things We Like (Lots), 2018(6), 1–2. https://heinonline.org/HOL/P?h=hein.journals/jotwell2018&i=241

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Law Commission of Ontario, Kalajdzic, J., & Piché, C. (2018). Law Commission of Ontario, Class Actions Objectives, Experiences and Reforms Consultation Paper - March 2018. Law Commission of Ontario.

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