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Publications - Jonnette Watson Hamilton

  • "Book Review: Landmark Cases in Property Law, edited by Simon Douglas, Robin Hickey, and Emma Waring" (2017) 59(1) Canadian Business Law Journal 133-144.
  • "Women, Religious Freedom, Equality Rights and the Role of Choice in Canadian Constitutional Law" (co-authored with Jennifer Koshan), Women, Rights, Religion Workshop, Calgary, AB and Victoria, BC, September 28 - October 2 (2016).
  • "Kahkewistahaw First Nation v. Taypotat – Whither Section 25 of the Charter?" (2016) 52:2 Constitutional Forum 39 (with Jennifer Koshan). Available on SSRN.
  • "Kahkewistahaw First Nation v. Taypotat: An Arbitrary Approach to Discrimination" (2016) 76 Supreme Court Law Review (2d) 219 (with Jennifer Koshan). Available on SSRN.
  • "Book Review: Landmark Cases in Land Law, ed by Nigel Gravells", (2015) 56 Canadian Business Law Journal 427-437.
  • "Adverse Impact: The Supreme Court's Approach to Adverse Effects Discrimination Under Section 15 of the Charter" (2014) 19:2 Review of Constitutional Studies 191-236 (with Jennifer Koshan), available on SSRN.
  • "The Recognition of Aboriginal Title and Its Relationship with Settler State Land Titles Systems" (2014) 47:3 UBC L Rev 829, with Nigel Bankes and Sharon Mascher. Available on SSRN.
  • "Indefeasibility in Canadian Land Titles Systems: Cracked Mirror, Ripped Curtain," a paper co-authored with Nigel Bankes and Sharon Mascher, presented at the 2014 Association for Law, Property and Society Conference, May 1-3,2014, Vancouver, BC.
  • "Book Review: Lori G. Beaman, Reasonable Accommodation: Managing Religious Diversity" (2013) 25 Canadian Journal of Women and the Law 411-18.
  • “Is there Legal Space for Aboriginal Title in Land Titles Registries?”, a paper co-authored with Nigel Bankes and Sharon Mascher, presented at Law on the Edge, the 2013 Joint Conference of the Canadian Law and Society Association and the Law and Society Association of Australia and New Zealand, July 2-4, Vancouver, B.C. 
  • "The Continual Reinvention of Section 15 of the Charter" (2013) 64 University of New Brunswick Law Journal 19 - 53 (with Jennifer Koshan), draft available on SSRN.
  • “Acknowledging and Accommodating Legal Pluralism: An Application to the Draft Nordic Saami Convention” in The Proposed Nordic Saami Convention: National and International Dimensions of Indigenous Property Rights, Nigel Bankes and Timo Koivurova, editors (Oxford: Hart Publishing, 2013) 45-78
  • "The Supreme Court of Canada, Ameliorative Programs, and Disability: Not Getting It" (2013) 25:1 Canadian Journal of Women and the Law 56-80 (with Jennifer Koshan), draft available at SSRN: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2171894
  • "Book Review: The End of Negotiable Instruments" (2013) 28(2) Banking and Finance Law Review (forthcoming)
  • "Book Review: Property and the Law of Finders" (2012) 52 Canadian Business Law Journal 141-148
  • "Meaningless Mantra: Substantive Equality after Withler" (2011) 16:1 Review of Constitutional Studies 31-62 (co-authored with Jennifer Koshan), draft available at SSRN: http://ssrn.com/abstract=1928032
  • "‘Terrorism or Whatever': The Implications of Alberta v. Hutterian Brethren of Wilson Colony for Women's Equality and Social Justice," in Sheila McIntyre and Sanda Rodgers, eds. The Supreme Court of Canada and Social Justice: Commitment, Retrenchment or Retreat. (2010) Supreme Court Law Review and LexisNexisCanada, 2010 221-254 (co-authored with Jennifer Koshan)
  • The Matrimonial Property Act: A Case Law Review (October 2010), with Annie Voss-Altman, a research paper for the Alberta Law Reform Institute (ALRI), published on the ALRI website
    • A database was constructed based on the issues of the cases that were reviewed for the research paper. This database identifies more than 1,200 issues and sub-issues, and allows for sorting and filtering by issue and sub-issue, case name, date, court, judge, type of decisions, MPA section number, cases relied upon in a particular case, and cases later relying on that particular case. For a copy of the database in Excel, please contact jwhamilt@ucalgary.ca.
    • Download the database by issue, by case name, or by year (PDF)
  • "Courting Confusion? Three Recent Alberta Cases on Equality Rights Post-Kapp" (2010) 47 Alberta Law Review 927 - 955 (co-authored with Jennifer Koshan)
  • "Different Views of the Cathedral: The Literature on Property Law Theory", in Property and the Law in Energy and Natural Resources, Aileen McHarg, Barry Barton, Adrian Bradbrook and Lee Godden, eds. (Oxford: Oxford University Press, 2010) 19-59 (co-authored with Nigel Bankes)
  • "The Value of Equality: End, Means or Something Else?" (2010) 29 Windsor Review of Legal and Social Issues 125-147 (co-authored with Dan Shea)
  • "Common law courts interpret Dell broadly" Vol. 28, No. 7 The Lawyers Weekly (June 13, 2008) page 9"
  • "Space for Religion: Regulation of Hutterite Expansion and the Superior Courts of Alberta," in The Alberta Supreme Court at 100: History and Authority, Jonathon Swainger, ed. (Osgoode Society for Canadian Legal History and University of Alberta Press, 2007), 159-192
  • "Pre-Dispute Consumer Arbitration Clauses: Denying Access to Justice?" (2006) 51 McGill Law Review 693-734
  • (with Nicholas Rafferty) "Is the Collecting Bank now the Insurer of a Cheque's Drawer against Losses Caused by the Fraud of the Drawer's Own Employee?" (2005) 20 Banking & Finance Law Review 427-448
  • "The Impact of International Commercial Arbitration on Canadian Law and Courts" in Proceedings of the 2003 Annual Conference of the Canadian Institute for the Administration of Justice Conference on "Participatory Justice in a Global Economy: The New Rule of Law?"
  • (with Nicholas Rafferty) "The Collecting Bank's Liability for Conversion of Cheques" (2003) 19 Banking and Finance Law Review 77
  • "Arbitration," Chapter 5 in Julie Macfarlane, ed., Dispute Resolution: Readings and Case Studies, 2nd ed. (Toronto: Emond Montgomery, 2003)
  • "The Use of Metaphor and Narrative to Construct and Gender Hysteria in the Courts" (2002) 1 Journal of Law & Equality 155
  • "Theories of Categorization: A Case Study of Cheques" (2002) 17(1) Canadian Journal of Law and Society 115-137
  • (with Nicholas Rafferty), "The Liability in Conversion of a Collecting Bank to the Payee: Is An Endorsement Required to Pass Title to a Cheque?" (2002) 17 Banking & Finance Law Review 395-421
  • "The Canadian Law of Post-dated Cheques: Indeterminate Rules, Unpredictable Results" (2001) 35 Canadian Business Law Journal 280-313 
  • Paper presented "On Teaching Critical Race Legal Theory" at the Law Teaching and Diversity Forum, Canadian Association of Law Teachers, Congress 2000, Edmonton
  • "Protecting Confidentiality in Mandatory Mediation: Lessons from Ontario and Saskatchewan" (1999) 24 Queen's Law Journal 561
  • "The Significance of Mediation for Legal Education" (1999) 17 Windsor Yearbook of Access to Justice 280
  • "Adjudicative Processes," Chapter 5 in Dispute Resolution: Readings and Problems, Julie Macfarlane, ed. (Toronto: Emond Montgomery, 1998)
  • "Unconscionability in the Alberta Court of Appeal" (1998) 13 Banking and Finance Law Review
  • "Forged Payees' Endorsements: The Liability of Collecting Banks to Drawers and the Effect of Section 48(4) of the Bills of Exchange Act" (1997) 13 Banking and Finance Law Review 271 (co-authored with Professor Nick Rafferty)
  • "When is a Promissory Note a Covenant to Pay Under a Mortgage on Land?" (1997) 12 Banking and Finance Law Review 219
  • Book review of "Family Mediation: Contemporary Issues", (1997) 12 Canadian Journal of Law & Society 283
  • Editor, "Special Issue: The Legal Profession and Ethics" (1995) 33 Alberta Law Review (publication of papers presented at the National Conference on the Legal Profession and Ethics)
  • "Metaphors of Lawyers' Professionalism" (1995) 33 Alberta Law Review 833
  • Review Essay: "Relationships Between Law and Racism in Canada: Two Perspectives" (1995) 10 Canadian Journal of Law and Society 223