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Faculty Publication News

2016/2017 Faculty Publication News


  • (Jan 4) Professor Jennifer Koshan has published 'Marriage and Advance Consent to Sex: A Feminist Judgment in R v JA' in Vol 6, No 6 (2016) of the Onati Socio-Legal Series special issue on Radically Rethinking Marriage (available on SSRN). The paper is a feminist judgment in R v JA (Supreme Court of Canada 2011), a spousal sexual assault case involving the issue of whether parties can consent in advance to sexual activity that will occur while they are asleep or unconscious. Taking a harm-based approach to criminality that considers both negative and positive sexual autonomy, the judgment concludes that advance consent should not be considered valid without certain legal safeguards being put into place.


  • (Dec 14) Professor Emily Laidlaw has published two chapters in two forthcoming books:

  • (Dec 8) Linda McKay-Panos, instructor and executive director of the Alberta Civil Liberties Research Centre, has published an article in the Canadian Journal of Human Rights. Linda's article, "Universities and Freedom of Expression: When Should the Charter Apply?", presents an overview of section 32(1) of the Charter and its application to universities, and examines whether there are any logical, principled bases for the conflicting decisions of Canada's provincial courts on the issue of the Charter's application to universities.
  • (Dec 2) Professor Martin Olszynski has recently published an article in the online journal Ecosystem Services: "Does Slow and Steady Win the Race? Ecosystem Services in Canadian and Chilean Environmental Law and Policy"(2016). The article, which compares the extent to which the concept of "ecosystem services" has been integrated in Canadian and Chilean environmental law, was co-authored with Justices Roberto Pasten and Michael Hantke-Domas, both justices of Chile's 3rd Environment Court.
  • (Nov 4) Professors Nigel Bankes and Elizabeth Whitsitt co-authored "Aquaculture and trade: trade law and trade-related multilateral environmental agreements" in Aquaculture Law and Policy: Global, Regional and National Perspectives.
  • (Nov 4) Professor Nigel Bankes along with co-editors Irene Dahl (Tromsø) and David VanderZwaag (Dalhousie) has published an edited volume on Aquaculture Law and Policy: Global, Regional and National Perspectives with Edward Elgar.
  • (Nov 3) Professor Al Lucas, along with co-author Heather Lilles, have published the article "Opportunities for Public Participation in the Regulation of Hydraulic Fracturing Operations in Alberta" in 54:1 Alberta Law Review.
  • (Nov 1) Professor Martin Olszynski published "The Duty to Consult and Accommodate: And Overview and Discussion," which was prepared for the Canadian Chamber of Commerce (September, 2016).
  • (Oct 13) Professors Jonnette Watson Hamilton and Jennifer Koshan recently co-authored two articles on the 2015 Supreme Court of Canada decision in Kahkewistahaw First Nation v Taypotat. The first, "Kahkewistahaw First Nation v Taypotat - Whither Section 25 of the Charter?" was just published in (2016) 52:2 Constitutional Forum 39, available here. The second, "Kahkewistahaw First Nation v. Taypotat: An Arbitrary Approach To Discrimination", is forthcoming in (2016) 76 Supreme Court Law Review (2d) 219 and is available here.
  • (Sept 30) Professor Erin Sheley's article "Victim Impact Statements and Expressive Punishment in the Age of Social Media" will be published in a forthcoming issue of the Wake Forest Law Review.

Archive: Faculty Publications