Results | Windsor Law Faculty Publications

Wong, V. (2024). Nationalist Backlash to Anti-Racist Education: A Transnational Blueprint for Academic Unfreedom. In F. Mégret & N. Ramanujam (Eds.), Academic Freedom in a Plural World: Global Critical Perspectives. CENTRAL EUROPEAN UNIVERSI. https://ceupress.com/book/academic-freedom-plural-world

In a global era marked by surging racial nationalism and penal populism , anti-racist and decolonial research, education, and training has been under increasing threat in academia across the world. Popular use of the universalizing language of liberal internationalism as the dominant frame in discussing these developments leaves gaps in our understanding as to what areas of academic freedom are under the greatest threat, why they are under threat, what levers of sanction and discipline are used to suppress certain areas, and for what ends. Such a frame risks contributing to overly abstracted conceptualizations of academic freedom (and unfreedom) that are unmoored from the realities of how power operates in educational institutions and attendant maldistributions of who can in fact claim and be protected by academic freedom and who cannot.In this article, I put into conversation three very different jurisdictional contexts where nationalist backlash to, and suppression of, anti-racist and decolonial education and scholarship is occurring. Specifically, it examines American anti-Critical Race Theory (CRT) campaigns, Chinese suppression of scholarship critical of its ongoing colonial suppression of non-Han native peoples in the Xinjiang Uyghur Autonomous Region (XUAR), and Israeli suppression of scholarship critical of its ongoing occupation of Palestinian territories through the case study of the ‘Spiro scandal’ at the University of Toronto (UofT) Faculty of Law. No good politics of academic freedom can emerge without centering an analysis of broader societal power and subordination. This is particularly true in the areas of national security and anti-racism, which form both distinct grounds for legal and political intervention in academic freedom. A national security threat engages certain types of legal grounds, particularly domestically (e.g. carceral responses to perceived counterterrorism, separatism, and extremism threats) while anti-racism justifies other types of intervention (e.g. civil rights complaints, removing of curriculum, firings, cutting funding) and can operate powerfully on a transnational level as well. I highlight three common elements in a transnational blueprint that can be observed in the creation, justification, and operation of selective nationalist attacks on academic freedom in anti-racist and decolonial education. My highlighting of these common elements are not meant to suggest any sort of equivalence between their operation, historical context, and/or relative severity, but rather to advance our collective understanding of the distributive nature of academic freedom politics and its relationship to power, race, and colonialism. Unpacking these campaigns transnationally complicates and unsettles the dichotomy between authoritarian and liberal populist censorship, giving us a more nuanced foundation by which to protect academic freedom and knowledge production in the service of racial justice and collective liberation.

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Jacobs, B., & Hewitt, J. (2023). Practices of Indigenous International Law and Development. In R. Buchanan, L. Eslava, & S. Pahuja (Eds.), The Oxford Handbook of International Law and Development (p. 0). Oxford University Press. https://doi.org/10.1093/oxfordhb/9780192867360.013.38

Drawing on elements of the Haudenosaunee Confederacy as a case study, this chapter on Indigenous international law interrogates the widely held and long-standing premise that international law is the sole purview of Europe. This chapter contends European-centred international law arose out of Europe, for European-based legal systems—namely common and civil legal traditions, now practised in many countries beyond Europe, such as Canada. Indigenous international law, conversely, continues to be engaged with today by many Indigenous nations around the world, arose from Indigenous world views. The chapter also examines some of the ways in which Indigenous international laws continue today in spite of colonial disruption.

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Jones, D. (2023). Sentencing Black Offenders. In Sentencing and Penal Policy in Canada: Cases, Materials and Commentary (4th ed.). Emond Publishing. https://emond.ca/Store/Books/Sentencing-and-Penal-Policy-in-Canada-Casebook-4th

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Kalajdzic, J. (2023). Representation and Carriage. In J. Walker, H. M. Rosenberg, & J. Kalajdzic (Eds.), Class Actions in Canada: Cases, Notes, and Materials (3rd ed.). Emond Publishing.

Kalajdzic, J. (2023). The Role and Rights of the Class. In J. Walker, H. M. Rosenberg, & J. Kalajdzic (Eds.), Class Actions in Canada: Cases, Notes, and Materials (3rd ed.). Emond Publishing.

Jacobs, L. (2023). Introduction - Unmaking Vulnerability. In C. Kelly & M. Orsini (Eds.), Dispatches from Disabled Country. University of British Columbia Press. https://doi.org/10.59962/9780774868693

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Ceric, I., & Mariful, A. (2023). Afterword : toward the law of anti-laws : notes on prefigurative politics and radical imaginations. In M. Alam, P. Dwyer, & K. Roots (Eds.), Violence, imagination, and resistance: socio-legal interrogations of power (pp. 205–212). AU Press.

Bray, M. (2023). 2.3 The Regulatory Environment. In Learning in Place (4th Edition) (4th ed.). https://ecampusontario.pressbooks.pub/learninginplace2025/chapter/2-3-the-regulatory-environment/

<p>“Learning in Place”, 3rd ed. gives students background and tools to support their legal externship or internship experience. Written in a Canadian context, this text will help students understand the context of practice, the ethical and professional obligations of lawyering, and common workplace challenges that shape the earliest days of becoming a lawyer. The text encourages students to think creatively and critically about situations that arise in a work context. The text has a practical bent, and includes information about the nature of legal workplaces and practice-related information that might be unfamiliar to students but important to understanding the practice of law. “Learning in Place” also includes theoretical pieces to support students in critically reflecting on their work.</p>

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Bray, M. (2023). 2.3 The Regulatory Environment. In G. Smyth, Learning in Place (3rd Edition) (3rd ed.). https://ecampusontario.pressbooks.pub/learninginplace2024/chapter/2-3-the-regulatory-environment/

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Bray, M. (2023). 3.3 The Regulatory Environment. In G. Smyth, Learning in Place (2nd Edition) (2nd ed.). https://ecampusontario.pressbooks.pub/externship2022/chapter/2-3-the-regulatory-environment/

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Bray, M. (2023). 8.1 Legal Research. In G. Smyth, Learning in Place (2nd ed.). https://ecampusontario.pressbooks.pub/externship2022/chapter/legal-research-meris/

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Bray, M. (2023). 9.1 Legal Research. In Learning in Place (4th Edition) (Vol. 4th). https://ecampusontario.pressbooks.pub/learninginplace2025/chapter/legal-research-meris/

<p>“Learning in Place”, 3rd ed. gives students background and tools to support their legal externship or internship experience. Written in a Canadian context, this text will help students understand the context of practice, the ethical and professional obligations of lawyering, and common workplace challenges that shape the earliest days of becoming a lawyer. The text encourages students to think creatively and critically about situations that arise in a work context. The text has a practical bent, and includes information about the nature of legal workplaces and practice-related information that might be unfamiliar to students but important to understanding the practice of law. “Learning in Place” also includes theoretical pieces to support students in critically reflecting on their work.</p>

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Berryman, J. (2023). Non-Pecuniary Damages in the Financial Services Industry In Search of a Purpose. In R. L. Weaver & D. Fairgrieve (Eds.), Damages, injunctive relief, and other remedies in tort and free speech cases. Cambridge Scholars Publishing.

Del Gobbo, D. (2023). Queer rights talk : the rhetoric of equality rights for LGBTQ+ peoples. In R. J. Cook & C. Medina Quiroga (Eds.), Frontiers of gender equality: transnational legal perspectives. University of Pennsylvania Press.

Kalajdzic, J. (2023). Cold facts from the great white North : empirical truths, contemporary challenges and class action reform. In B. T. FitzPatrick & R. S. Thomas (Eds.), Cambridge handbook of class actions an international survey, The (First paperback edition). Cambridge University Press.

Sheldon, T. (2023). Gendered and disability violence, uninterrupted: law’s formulation of and complicity in violence against women labelled with intellectual disability in community-based institutional settings. In J. Rinaldi, K. Rossiter, & C. Malacrida (Eds.), Population control: theorizing institutional violence. McGill-Queen’s University Press.

Waboose, V. G. (2023). A non-anthropocentric indigenous research methodology : the anishinabe waterdrum, residential schools, and settler colonialism. In V. Chapaux, F. Mégret, & U. Natarajan (Eds.), The Routledge handbook of international law and anthropocentrism (Vol. 1–1 online resource (xi, 341 pages).). Routledge. https://www.taylorfrancis.com/books/9781003201120

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Tanovich, D. (2022). Combatting Stereotyping and Facilitating Justice: Chief Justice McLachlin?s Vision for the Law of Evidence. In Controversies in the Common Law (pp. 153–168). University of Toronto Press. https://doi.org/10.3138/9781487540722.009

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Boon, A., & Semple, N. (2022). Still Special After All These Years? Fundamental Questions in Legal Services Regulation. In U. Schultz, O. Hammerslev, H. Sommerlad, & R. L. Abel (Eds.), Lawyers in 21st-century societies. Volume 2, Comparisons and theories (Vol. 1–1 online resource (704 pages) : illustrations). Hart Publishing. https://doi.org/10.5040/9781509931248?locatt=label:secondary_bloomsburyCollections

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Jacobs, L. (2022). Dynamics of Independence, Impartiality and Bias. In C. M. Flood & P. Daley (Eds.), Administrative law in context (4th ed.). Emond Publishing. https://adminlawincontext.emond.ca/chapters/chapter-7.html