Results | Windsor Law Faculty Publications

Moon, R. (2020). Pierre Trudeau and the Separation of Religion and Politics. In N. Karazivan & J. Leclair (Eds.), The political and constitutional legacy of Pierre Elliott Trudeau = L’héritage politique et constitutionnel de Pierre Elliott Trudeau. LexisNexis Canada.

Semple, N. (2020). Regulating contingency fees : a consumer welfare perspective. In T. C. W. Farrow & L. A. Jacobs (Eds.), The justice crisis: the cost and value of accessing law. UBC Press.

Sheldon, T., & Malhotra, R. (2020). Chapter D-9: Not All in This Together: Disability Rights and COVID-19. In C. M. Flood (Ed.), Vulnerable: The Law, Policy and Ethics of COVID-19. University of Ottawa Press. https://doi.org/10.1353/book.76885

The novel coronavirus SARS-CoV-2, which causes the disease known as COVID-19, has infected people in 212 countries so far and on every continent except Antarctica. Vast changes to our home lives, social interactions, government functioning and relations between countries have swept the world in a few months and are difficult to hold in one’s mind at one time. That is why a collaborative effort such as this edited, multidisciplinary collection is needed. This book confronts the vulnerabilities and interconnectedness made visible by the pandemic and its consequences, along with the legal, ethical and policy responses. These include vulnerabilities for people who have been harmed or will be harmed by the virus directly and those harmed by measures taken to slow its relentless march; vulnerabilities exposed in our institutions, governance and legal structures; and vulnerabilities in other countries and at the global level where persistent injustices harm us all. Hopefully, COVID-19 will forces us to deeply reflect on how we govern and our policy priorities; to focus preparedness, precaution, and recovery to include all, not just some. Published in English and French.

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Flood, C. M., MacDonnell, V., Thériault, S., Venkatapuram, S., & Philpott, J. (Eds.). (2020). Not All in This Together: Disability Rights and COVID-19. In Vulnerable: the law, policy and ethics of COVID-19. University of Ottawa Press. https://www.canlii.org/en/commentary/doc/2020CanLIIDocs1866#!fragment/zoupio-_Tocpdf_bk_0_42/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zhoBMAzZgI1TMADMwAsAJgCUAGmTZShCAEVEhXAE9oAci3SIhMLgQq1mnXoNGQAZTykAQpoBKAUQAyLgGoBBAHIBhF2lSMD5oUnZJSSA

"At the time of writing, the novel coronavirus SARS-CoV-2, which causes the disease known as COVID-19,1 has infected people in 212 countries and on every continent except Antarctica. As of May 17, 2020, 5,780 people have died in Canada, and worldwide, there are over 313,000 reported deaths. The true death toll is certainly higher, and more will die in the coming months. Vast changes to our home lives, social interactions, government functioning and relations between countries have swept the world in a few months and are difficult to hold in one's mind at one time. That is why a collaborative effort such as this edited, multidisciplinary collection is needed. This book confronts the vulnerabilities and interconnectedness made visible by the pandemic and its consequences, along with the legal, ethical and policy responses. These include vulnerabilities for people who have been harmed or will be harmed by the virus directly and those harmed by measures taken to slow its relentless march; vulnerabilities exposed in our institutions, governance and legal structures; and vulnerabilities in other countries and at the global level where persistent injustices harm us all. We conclude with the hope that COVID-19 forces us to deeply reflect on how we govern and our policy priorities; to focus preparedness, precaution, and recovery to include all, not just some."--

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Thomasen, K. (2020). Beyond Airspace Safety: a Feminist perspective on Drone Privacy Regulation. In M. Daschuk, C. Brooks, & J. Popham (Eds.), Critical perspectives on social control and social regulation in Canada. Fernwood Publishing.

Chapdelaine, P. (2019). Graffiti, Street Art, Walls, and the Public in Canadian Copyright Law. In E. Bonadio (Ed.), The Cambridge Handbook of Copyright in Street Art and Graffiti (1st ed., pp. 123–143). Cambridge University Press. https://doi.org/10.1017/9781108563581.009

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Berryman, J. (2019). Canadian perspectives on contract remedies. In Research Handbook on Remedies in Private Law (pp. 371–389). Edward Elgar Publishing. https://www.elgaronline.com/edcollchap/edcoll/9781786431264/9781786431264.00030.xml

The Supreme Court of Canada has accepted that in the common law of contract a high degree of stability is desirable and incremental changes are to be justified on an evident need to update common law principles to local conditions. In this chapter, the work of the Supreme Court of Canada is described in respect to the law of remedies for contract breach. In particular, the court has justified a slightly more regulatory function in its development of punitive damages and the award of damages for non-pecuniary damages in contracts characterised by power imbalances. The different tack taken concerning specific performance and its impact on mitigation and damages also reflects arguments over different market conditions prevailing in Canada when compared to the United Kingdom.

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Maki, H., & Sheldon, T. (2019). Trauma-Informed Strategies in Public Interest Litigation: Avoiding Unintended Consequences Through Integrative Legal perspectives. In Supreme Court Law Review, 2nd Series, Volume 90 (Vol. 90). LexisNexis Canada. https://store.lexisnexis.ca/en/products/supreme-court-law-review-2nd-series-volume-90-lexisnexis-canada-skusku-cad-6720/details

This volume is a collection of papers presenting theories & strategies for public interest litigation, a specialized area of litigation aimed to bring about social impact, & the various avenues & methodologies that have been used in Canadian history.

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Xavier, S. (2019). False Western Universalism in Constitutionalism? The 1867 Canadian Constitution and the Legacy of the Residential Schools. In The Canadian Constitution in Transition (pp. 270–287). University of Toronto Press. https://doi.org/10.3138/9781487519117-011

False Western Universalism in Constitutionalism? The 1867 Canadian Constitution and the Legacy of the Residential Schools was published in The Canadian Constitution in Transition on page 270.

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Moon, R. (2019). Conscience in the image of religion. In J. O. Adenitire (Ed.), Religious beliefs and conscientious exemptions in a liberal state (Vol. 1–1 online resource (xii, 294 pages)). Hart Publishing. http://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&db=nlabk&AN=2201479

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Sheldon, C. T., Spector, K. R., & Birdsell, M. (2019). Uncovering Law’s Multiple Violences at the Inquest into the Death of Ashley Smith. In P. Beresford, L. Costa, & A. Daley (Eds.), Madness, Violence, and Power: A Critical Collection (pp. 196–220). University of Toronto Press.

Sheldon, T. (2019). The law and mental health. In L. Hardcastle (Ed.), Introduction to health law in Canada. Emond Montgomery Publications Limited.

Wharton, S. (2019). Defences to Criminal Liability. In C. C. Jalloh, K. M. Clarke, & V. O. Nmehielle (Eds.), The African Court of Justice and Human and Peoples’ Rights in Context: Development and Challenges (pp. 866–924). Cambridge University Press. https://doi.org/10.1017/9781108525343.031

The Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (the ‘Malabo Protocol’) does not include a provision defining which defences will be applicable before the African Court of Justice and Human Rights (‘the African Court’). This chapter has the task of examining the existing body of international criminal law to see what guidance the African Court may take with respect to which defences have been recognized and which have been explicitly rejected, how recognized defences have been defined, and what questions have arisen or may arise with respect to these defences.

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Hammoudi, A. (2018). The conjunctural in international law: the revolutionary struggle against semi-peripheral sovereignty in Iraq. In Third World Approaches to International Law. Routledge.

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.

Moon, R. (2018). Religion and hate speech in Canada : the difficulty in separating attacks on beliefs from attacks on believers. In J. Temperman & A. Koltay (Eds.), Blasphemy and freedom of expression: comparative, theoretical and historical reflections after the Charlie Hebdo massacre (Vol. 1–1 online resource). Cambridge University Press.

Newell, B. C., Silvia De Conca, & Thomasen, K. (2018). Surveillance and privacy in North American public spaces. In B. C. Newell, T. Timan, & B.-J. Koops (Eds.), Surveillance, privacy and public space (First edition, Vol. 1–1 online resource (261 pages) : 7 illustrations). Routledge, an imprint of Taylor and Francis. https://www.taylorfrancis.com/books/e/9781315200811

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Smit, A., & Viveash, D. (2018). Property under the Old City Special Regime. In T. Najem, M. J. Molloy, M. Bell, & J. Bell (Eds.), Contested sites in Jerusalem: the Jerusalem old city initiative. Rourledge. https://www.routledge.com/Contested-Sites-in-Jerusalem-The-Jerusalem-Old-City-Initiative/Najem-Molloy-Bell-Bell/p/book/9781138666641

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