Results | Windsor Law Faculty Publications

Martin-Hill, D., Jacobs, B., Nagabhatla, N., Duignan, S., Patel, R., & Pangowish, S. (2022). Haudenosaunee women’s water law: reclaiming the sacred. In M. Sioui (Ed.), Indigenous water and drought management in a changing world (Vol. 1–1 online resource (xii, 339 pages) : color illustrations, maps.). Elsevier. https://www.sciencedirect.com/science/bookseries/25427946/4

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Moon, R. (2022). Does freedom of expression have a future? In E. Macfarlane (Ed.), Dilemmas of free expression. University of Toronto Press.

Moon, R. (2022). R V Big M Drug Mart: The Unavoidable Pragmatism of Religious Freedom. In R. Barker, P. T. Babie, & N. Foster (Eds.), Law and religion in the Commonwealth: the evolution of case law. Hart Publishing, an imprint of Bloomsbury Publishing.

"This book examines law and religion from the perspective of its case law. Each chapter focuses on a specific case from a Commonwealth jurisdiction, examining the history and impact of the case, both within the originating jurisdiction and its wider global context. The book contains chapters from leading and emerging scholars from across the Commonwealth, including from the United Kingdom, Canada, Australia, Pakistan, Malaysia, India and Nigeria. The cases are divided into four sections covering: - Foundational Questions in Law and Religion - Freedom of Religion around the Commonwealth - Religion and state relations around the Commonwealth - Rights, Relationships and Religion around the Commonwealth. Like religion itself, the case law covers a wide spectrum of life. This diversity is reflected in the cases covered in this book, which include: - Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister on the use of the Muslim name for God by non-Muslims in Malaysia - The Church of the New Faith v Commissioner of Pay-roll Tax (Vic) which determined the meaning of religion in Australia - Eweida v UK which clarified the application of Article 9 of the European Convention on Human Rights - R v Big M Drug Mart on the individual protections of religious freedom under the Canadian Charter of Rights. The book examines how legal disputes involving religion are among the most contested in the courts and shows that in these cases, passions run high and the outcomes can have significant consequences for all involved"--

Sealy-Harrington, J. (2022). The Charter of whites : systemic racism and critical race equality in Canada. In K. Puddister & E. Macfarlane (Eds.), Constitutional crossroads: reflections on Charter rights, reconciliation, and change. UBC Press.

Wong, V., & Wong, E. H.-S. (2022). How to Abolish the Hong Kong Police. In W. Liu, J. Chien, C. Chung, & E. Tse (Eds.), Reorienting Hong Kong’s Resistance: Leftism, Decoloniality, and Internationalism (pp. 29–45). Springer Nature. https://doi.org/10.1007/978-981-16-4659-1_3

As a direct response to the extensive and ongoing police violence experienced throughout these past two years of struggle in Hong Kong, there has been an increasingly widespread understanding of the police force as structurally undemocratic, unaccountable, and subservient to the interests of elites. This has also led to the articulation by the protest movement of a “sixth demand”— to disband the Hong Kong Police Force (HKPF) altogether. The remarkable uptake of this demand sparked debate around exactly what dissolution of the HKPF would entail. Would it be reconstitution and reform? Or a more radical type of abolitionist politics? In grappling with this question, we encourage Hongkongers to engage with diverse decolonial and abolitionist struggles across the globe, along with existing and ongoing proto-abolitionist practices at home.

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Jacobs, B. (2021). Indigenous Justice in Oceania and North America. In Oxford Research Encyclopedia of Criminology and Criminal Justice. https://doi.org/10.1093/acrefore/9780190264079.013.627

"Indigenous Justice in Oceania and North America" published on by Oxford University Press.

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Bahdi, R. (2021). Murder they wrote: unknown knowns and Windsor Law’s statement regarding R. v. Stanley. In C. Backhouse, C. E. Milton, M. Kovach, & A. Perry (Eds.), Royally wronged: the Royal Society of Canada and Indigenous peoples. McGill-Queen’s University Press.

Bahdi, R. A., & Kassis, M. (2021). Mastery and gratitude: development aid and the colonial condition in Palestine. In S. Xavier, B. Jacobs, V. Waboose, J. G. Hewitt, & A. Bhatia (Eds.), Decolonizing Law: Indigenous, Third World and Settler Perspectives. Taylor & Francis Group. http://ebookcentral.proquest.com/lib/windsorlaw-ebooks/detail.action?docID=6530216

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Hammoudi, A. (2021). Iraq, Imperialism, Political Economy, and International Law. In I. Ness & Z. Cope (Eds.), The Palgrave Encyclopedia of Imperialism and Anti-Imperialism (pp. 1369–1385). Springer International Publishing. https://doi.org/10.1007/978-3-030-29901-9_118

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Jacobs, L. A. (2021). Equality Rights Instruments and the Importance of a Disability Lens. In L. Jacobs, R. Dhand, D. Ireland, R. Jochelson, F. Kodar, O. Bay, & B. McDonald (Eds.), Law and Disability in Canada: Cases and Materials (pp. 1–44). LexisNexis Canada.

"This book is comprehensive overview of the law and disability issues. It examines definitional questions and fields of law as they relate to disability issues, including equality rights instruments, the history of disability rights litigation and contemporary access to justice issues. It also examines issues arising in the lived experience of persons with disabilities in the pursuit of various fundamental rights, as well to the roles and concerns of others involved in the experience and resolution of such issues."-- Provided by publisher.

Jacobs, L. A. (2021). Examining the Right to Community Living for People with Disabilities in Canada. In L. Jacobs, R. Dhand, D. Ireland, R. Jochelson, F. Kodar, O. Bay, & B. McDonald (Eds.), Law and Disability in Canada: Cases and Materials (pp. 45–71). LexisNexis Canada.

"This book is comprehensive overview of the law and disability issues. It examines definitional questions and fields of law as they relate to disability issues, including equality rights instruments, the history of disability rights litigation and contemporary access to justice issues. It also examines issues arising in the lived experience of persons with disabilities in the pursuit of various fundamental rights, as well to the roles and concerns of others involved in the experience and resolution of such issues."-- Provided by publisher.

Jacobs, L. A., Dhand, R., & Bay, O. (2021). Women and Girls with Disabilities: Gendered Disability Discrimination. In D. Ireland, R. Jochelson, F. Kodar, & B. McDonald (Eds.), Law and Disability in Canada: Cases and Materials (p. 125). LexisNexis Canada.

"This book is comprehensive overview of the law and disability issues. It examines definitional questions and fields of law as they relate to disability issues, including equality rights instruments, the history of disability rights litigation and contemporary access to justice issues. It also examines issues arising in the lived experience of persons with disabilities in the pursuit of various fundamental rights, as well to the roles and concerns of others involved in the experience and resolution of such issues."-- Provided by publisher.

Kalajdzic, J. (2021). The State of Reform in First and Second Generation Class Action Jurisdictions. In A. Uzelac & S. Voet (Eds.), Class Actions in Europe: Holy Grail or a Wrong Trail? (pp. 303–320). Springer International Publishing. https://doi.org/10.1007/978-3-030-73036-9_13

While collective redress mechanisms continue to develop in much of Europe and in pockets around the world, the oldest class action regimes are undergoing reform. This contribution explores the state of reform in the first and second generation class action jurisdictions: the United States, Australia, Israel and Canada. Their respective class action procedures are outlined in Sect. 2. Section 3 discusses the reform initiatives of the past 3 years in each of the four countries. In Sect. 4, common areas of concern as well as areas of divergence are explored. Comparing and contrasting these reform efforts illustrates the evolution of class actions in these countries and provides useful insights for those studying and contributing to the development of newer collective redress systems.

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Semple, N. (2021). Challenges for lawyer regulation : current issues and debates. In A. Woolley & T. C. W. Farrow (Eds.), Lawyers’ ethics and professional regulation (4th ed.). LexisNexis.

Semple, N. (2021). Challenges for Lawyer Regulation: Current Issues and Debates. In A. Woolley, R. F. Devlin, & B. Cotter (Eds.), Lawyers’ ethics and professional regulation (Fourth edition). LexisNexis Canada.

Smit, A. (2021). The return of people and property. In M. Weller, M. Retter, & A. Varga (Eds.), International law and peace settlements. Cambridge University Press. https://doi.org/10.1017/9781108627856

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Tanovich, D. M. (2021). Ethics and criminal law practice. In A. Woolley, R. F. Devlin, & B. Cotter (Eds.), Lawyers’ ethics and professional regulation (Fourth edition). LexisNexis Canada.

Thomasen, K., & Dunn, S. (2021). Reasonable Expectations of Privacy in an Era of Drones and Deepfakes: Expanding the Supreme Court of Canada’s Decision in R v Jarvis. In J. Bailey, A. Flynn, & N. Henry (Eds.), The Emerald international handbook of technology-facilitated violence and abuse. Emerald Publishing.

Waboose, V. (2021). Conducting research from an Indigenous lens. In S. Xavier, B. Jacobs, J. G. Hewitt, A. Bhatia, & V. Waboose (Eds.), Decolonizing Law: Indigenous, Third World and Settler Perspectives. Taylor & Francis Group. http://ebookcentral.proquest.com/lib/windsorlaw-ebooks/detail.action?docID=6530216

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

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Wharton, S., & Currie, R. (2021). Transnational Criminal Courts: A Partially-Realized Idea. In N. Boister, S. Gless, & F. Jessberger (Eds.), Histories of transnational criminal law. Oxford University Press.

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