Publications

 

Resurgence and Reconciliation: Indigenous-Settler Relations and Earth Teaching

Resurgence and reconciliationThe two major schools of thought in Indigenous-Settler relations on the ground, in the courts, in public policy, and in research are resurgence and reconciliation. Resurgence refers to practices of Indigenous self-determination and cultural renewal whereas reconciliation refers to practices of reconciliation between Indigenous and Settler nations, such as nation-with-nation treaty negotiations.

Resurgence and Reconciliation is multi-disciplinary, blending law, political science, political economy, women's studies, ecology, history, anthropology, sustainability, and climate change. Its dialogic approach strives to put these fields in conversation and draw out the connections and tensions between them.

Michael Asch, John Borrows and James Tully, eds., Resurgence and Reconciliation: Indigenous-Settler Relations and Earth Teachings (University of Toronto Press, 2018).

 

Out There Learning: Critical Reflections on Off-Campus Study Programs

Out there learningUniversities across North America and beyond are experiencing growing demand for off-campus, experiential learning. Exploring the foundations of what it means to learn "out there," Out There Learning is an informed, critical investigation of the pedagogical philosophies and practices involved in short-term, off-campus programs or field courses. Bringing together contributors’ individual research and experience teaching or administering off-campus study programs, Out There Learning examines and challenges common assumptions about pedagogy, place, and personal transformation, while also providing experience-based insights and advice for getting the most out of faculty-led field courses.

Deborah Curran, Cameron Owens, Helga Thorson, and Elizabeth Vibert, eds. Out There Learning: Critical Reflections on Off-Campus Study Programs (University of Toronto Press, 2018).

  

Common Sense and Legal Judgment: Community Knowledge, Political Power and Rhetorical Practice

Common Sense and Legal JudgementWhat does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light.

Patricia Cochran, Common Sense and Legal Judgment: Community Knowledge, Political Power and Rhetorical Practice, (McGill-Queen’s University Press, 2017). 

  

The Art of Science in the Canadian Justice System: A Reflection on my Experiences as an Expert Witness

The art of science in the Canadian justice systemPart autobiography, part thought piece, part references, the book takes an insightful look at the experience and cases of renowned paediatrician and forensic expert witness Dr. Charles Ferguson. The book presents the interaction of science and law as it applies, not only in the Canadian courts, but the justice process as a whole. Dr. Ferguson's experience--from a scientist and medical professional's perspective--in dealing with lawyers, judges, and the process of testifying in numerous court--offers a unique glimpse into how the two worlds of science and law don't always mesh. In some cases the evidence is compelling and definitive. In others, far from it. Ultimately, the book presents the important role of the forensic expert and expert witness as a vital and deciding factor as the courtroom proceedings play out.

Charles Ferguson & David Milward, The Art of Science in the Canadian Justice System: A Reflection on my Experiences as an Expert Witness (Taylor & Francis, 2017).

   

Freedom and Indigenous Constitutionalism

Freedom and Indigenous constitutionalismIndigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance.

John Borrows, Freedom and Indigenous Constitutionalism (University of Toronto Press, 2016).

 

 

The Responsibility to Protect in International Law: An Emerging Paradigm Shift

The responsibility to protect in international lawThis book considers a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild.

This doctrine is analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law.

Susan BreauThe Responsibility to Protect in International Law: An Emerging Paradigm Shift Routledge Research in International Law (Routledge, 2016).

 

Workers and the Global Informal Economy: Interdisciplinary Perspectives

Workers and the global informal economyThe global financial crisis and subsequent increase in social inequality has led in many cases to a redrawing of the boundaries between formal and informal work. This interdisciplinary volume explores the role of informal work in today’s global economy, presenting economic, legal, sociological, historical, anthropological, political and cultural perspectives on the topic.

Workers and the Global Informal Economy explores varying definitions of informality in the backdrop of neo-liberal market logic, exploring how it manifests itself in different regions around the world, and its relationship with formal work. This volume demonstrates how neo-liberalism has been instrumental in accelerating informality and has resulted in the increasingly precarious position of the informal worker.

Vando Borghi and Supriya Routh, eds., Workers and the Global Informal Economy: Interdisciplinary Perspectives (Routledge, 2016).

  

The Public-Private Nature of Charity Law

The public-private nature of charity lawIs charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise.

Kathryn Chan, The Public-Private Nature of Charity Law (Hart Bloomsbury, 2016).

 

International Law and Politics of the Arctic Ocean: Essays in Honor of Donat Pharand

International law and the politics of the arctic oceanThis book is a collection of essays in honor of Professor emeritus Donat Pharand by leading Arctic experts from around the globe. The volume offers a clear, concise and detailed analysis of many of the issues an expanded use of the Arctic Ocean raises and of critical importance for the legal and political processes unfolding in the Arctic region.

Suzanne Lalonde and Ted L. McDorman, eds., International Law and Politics of the Arctic Ocean: Essays in Honor of Donat Pharand (Brill Nijhoff, 2015).

 

 

 

Indigeneity and Legal Pluralism in India: Claims, Histories, Meanings 

Indigeneity and legal pluralism in IndiaAs calls for reparations to indigenous peoples grow on every continent, issues around resource extraction and dispossession raise complex legal questions. What do these disputes mean to those affected? How do the narratives of indigenous people, legal professionals, and the media intersect? In this richly layered and nuanced account, Pooja Parmar focuses on indigeneity in the widely publicized controversy over a Coca-Cola bottling facility in Kerala, India. Juxtaposing popular, legal, and Adivasi narratives, Parmar examines how meanings are gained and lost through translation of complex claims into the languages of social movements and formal legal systems.

Pooja Parmar, Indigeneity and Legal Pluralism in India: Claims, Histories, Meanings (Cambridge University Press, 2015).

 

Enhancing Capabilities through Labour Law: Informal Workers in India

Enhancing capabilities in labour lawIn 2002 the International Labour Organization issued a report titled ‘Decent work and the informal economy’ in which it stressed the need to ensure appropriate employment and income, rights at work, and effective social protection in informal economic activities. Such a call by the ILO is urgent in the context of countries such as India, where the majority of workers are engaged in informal economic activities, and where expansion of informal economic activities is coupled with deteriorating working conditions and living standards.

This book explores the informal economic activity of India as a case study to examine typical requirements in the work-lives of informal workers, and to develop a means to institutionalise the promotion of these requirements through labour law.

Supriya Routh, Enhancing Capabilities through Labour Law: Informal Workers in India (Routledge, 2014).

 

 

  • Ken Cooper-Stephenson and Elizabeth Adjin-Tettey, Personal Injury Damages in Canada, 3rd ed. (Thomson Reuters, 2018)

 

  • Michael R. Dambrot and Gerry Ferguson, Canadian Criminal Jury Instructions (Continuing Legal Education, 2018)

 

 

  • Mark R. Gillen, Corporations and Partnerships: Canada (Kluwer 1992, revised 2008, 2015, 2016, 2017, and 2018)

 

  • Steve Coughlan, Michelle Lawrence and Robert J Currie, Annual Review of Criminal Law 2017 (Thomson Reuters, 2017)

 

  • Susan C. Breau and Katja L.H. Samuel, eds., Research handbook on disasters and international law. Research Handbooks in International Law (Edward Elgar, 2016)

 

  • Mark R. Gillen and Faye Woodman, eds., Law of Trusts: A Contextual Approach, 3d ed. (Emond Montgomery, 2015)

 

  • David G. Duff and Geoffrey Loomer, Taxation of Business Organizations in Canada (LexisNexis, 2015)

 

  • Jeremy Webber, The Constitution of Canada: A Contextual Analysis (Hart Publishing, 2015)

 

  • David G. Duff, Benjamin Alarie, Geoffrey Loomer and Lisa Philipps, Canadian Income Tax Law, 6th ed. (LexisNexis, 2018)

 

  • Robert Yalden, Janis Sarra, Paul Paton, Mark R. Gillen, Mary Condon, Carol Liao, Michael Deturbide, Mohamed Khimji, Bradley Bryan and Gary Campo, Business Organizations: Practice, Theory and Emerging Challenges, 2nd ed. (Emond Montgomery, 2017)

 

  • Jeffrey B. Berryman, Vaughan Black, Elizabeth Adjin-Tettey, Michael Pratt, Kent Roach, and Stephen M. Waddams, Remedies: Cases and Materials, 7th ed. (Emond Montgomery, 2016)

 

  • Patrick Macklem, Carol Rogerson, John Borrows, R.C.B. Risk, Robin Elliot, Kent Roach, Jean-Francois Gaudreault-DesBiens, Bruce Ryder, Donna Greschner, David Schneiderman, Jean Leclair, Lorraine Weinrib, Ian Lee, Richard Albert, Richard Moon, and Hamish Stewart, Canadian Constitutional Law, 5th ed. (Emond Montgomery, 2016)