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Publications

Articles and Book Chapters

  • “The Psychology of Good Character: the past, present and future of good character regulation in Canada” (with Jocelyn Stacey) in Re-affirming Legal Ethics (ed. Kieran Tranter et al.) (Routledge, forthcoming)
  • “Legal Ethics and Regulatory Legitimacy: Regulating Lawyers for Personal Misconduct” in Alternative Perspectives on Legal Ethics (ed. Francesca Bartlett et al.) (Routledge, forthcoming)
  • "Introduction to Legal Ethics" in Lawyers' Ethics and Professional Regulation (LexisNexis Canada) (forthcoming casebook) (ed. Alice Woolley, Richard Devlin, Brent Cotter, John Law)
  • "Lawyers in Organizational Settings: Part II: Government Lawyers" in Lawyers' Ethics and Professional Regulation (LexisNexis Canada) (forthcoming casebook) (ed. Alice Woolley, Richard Devlin, Brent Cotter, John Law)
  • "Access to Justice" in Lawyers' Ethics and Professional Regulation (LexisNexis Canada) (forthcoming casebook) (ed. Alice Woolley, Richard Devlin, Brent Cotter, John Law)
  • "Issues in Regulation" (with Richard Devlin) in Lawyers' Ethics and Professional Regulation (LexisNexis Canada) (forthcoming casebook) (ed. Alice Woolley, Richard Devlin, Brent Cotter, John Law)
  • "Does Civility Matter?" (2008) 46(1) Osgoode Hall L.J. (forthcoming)
  • "Enemies of the State? - The Alberta Energy and Utilities Board, Landowners, Spies, a 500 kV Transmission Line and Why Procedure Matters" (2008) Journal of Energy and Natural Resources Law (forthcoming) and at http://www.iapr.ca/)
  • "Imperfect Duty: Lawyers' Obligation to Foster Access to Justice" (2007) 45(5) Alberta Law Review (forthcoming)
  • "Re-envisioning Regulation: ‘Canadian Lawyers in the Twenty-First Century'" (Introduction to Special Issue of the Alberta Law Review) (2007) 45(5) Alberta Law Review (forthcoming)
  • "Legitimating Public Policy" (2008) 58 University of Toronto Law Journal 153-184
  • "Tending the Bar: The Good Character Requirement for Law Society Admission" (2007) 30 Dalhousie Law Journal 27-78
  • "Ethics Teaching in Law School" (2007) 1 Canadian Legal Education Annual Review 85-114 (with Sara Bagg)
  • "Evaluating Value: A Historical Case Study of the Capacity of Alternative Billing Methods to Reform Unethical Hourly Billing" (2005) 12 International Journal of the Legal Profession 339-365
  • "Time for Change: Unethical Hourly Billing in the Canadian Profession and How to Fix It" (2004), 83(3) Canadian Bar Review 859-894
  • "The Devil's in the Disclosure: The Application of R. v. Stinchcombe in Administrative Law" (2002), 40 Alberta Law Review 717-742
  • "Integrity in Zealousness: Comparing the Standard Conceptions of the Canadian and American Lawyer" (1996), 9 Canadian Journal of Law and Jurisprudence 61-100
  • "Excluded by Definition: Same-Sex Couples and the Right to Marry" (1995), 45 University of Toronto Law Journal 471-524


Case Comments

  • "The Metaphysical Court: Dunsmuir v. New Brunswick and Standard of Review" (2008) Canadian Journal of Administrative Law and Practice (forthcoming)
  • "The Importance of ATCO Gas and Pipelines: A Response to Marty Kay" (2007) 45(2) Alberta Law Review 515-520
  • "‘Practical Necessity' or ‘Highly Sophisticated Opportunism'?  Judicial Review and Rate Regulation After ATCO Gas and Pipelines Ltd. v. Alberta (Energy and Utilities Board" (2006) 44 Alberta Law Review 445-458


Book Reviews

  • “Regulating Dignity: A Review of Legal Ethics and Human Dignity (2008) 11(2) Legal Ethics 261-272.
  • "Book Review: Tenure Denied" (2007) 13(3-4) Feminist Economics 226-230 (with Frances Woolley)
  • "Can the Dismal Science Save the ‘Dog of the Curriculum?'" (2005) 8 Legal Ethics 148-159 (Review of Randal Graham's Legal Ethics: Theories, Cases and Professional Regulation)

Other

  • "Unintended Consequences? The Canadian Bar Association Report on Conflicts of Interest" for Ethics in Practice, Legal Ethics (forthcoming)
  • “Don’t you forget about me: Remembering the rest of administrative law after Dunsmuir” ABlawg (February 2009)
  • “Macleans ranking Canadian law schools” ABlawg (September 2008)
  • “Conflicting Interests, Conflicting Judgments and the Ethical Obligations of Lawyers and Judges” ABlawg (August 2008)
  •  “The Metaphysical Court: Dunsmuir v. New Brunswick and Standard of Review” ABlawg (April 2008)
  • “Fading to Brown: Limits on Evergreen Discovery in Alberta: Dabrowski v. Robertson, 2007 ABQB 680” ABlawg (February 2008)
  • “Counsel Shall Not Bear Witness: clarifying the obligation of counsel to withdraw when required to be a witness: Toliver v. Koepke [2008] ABQB 37” ABlawg (February 2008)
  • “'www.JustAnswer.com'... or How the Alberta Courts Respected the Market Surveillance Administrator's Just Exercise of Jurisdiction: Alberta (Market Surveillance Administrator) v. Enmax Energy Corporation 2008 ABQB 54” ABlawg (February 2008)
  • “Energy Board hits new low by hiring private investigators” Lawyers Weekly (January 11, 2008)
  • “Substance over form: the Court of Appeal’s protection of intervener rights at the Alberta Energy and Utilities Board” ABlawg (Fall 2007)
  • “Lawyers are not rats (but we should still care about legal ethics and professional regulation)” Moot Hill (Fall, 2007)

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