(Feb 8) Professor Emily Laidlaw has published the article "Online Shaming and the Right to Privacy" in Laws. This paper advances privacy theory through examination of online shaming, focusing in particular on persecution by internet mobs.
(Feb 6) Professor Martin Olszynski's recent paper on the implementation of "adaptive management" in Alberta's energy resource sector has been accepted for publication in the University of British Columbia Law Review. In "Failed Experiments: An Empirical Assessment of Adaptive Management in Alberta's Energy Resources Sector," Professor Olszynski shows that while energy project proponents routinely invoke adaptive management, sometimes referred to as "learning by doing," to convince regulators that they will be able to mitigate their projects' adverse environmental effects, actual implementation is generally weak and in many cases non-existent.
(Jan 26) Professor Michael Nesbitt has published the article "Due Process in UN Commissions of Inquiry: A Legal Analysis of the Procedures of Goldstone's Gaza Inquiry" in 18 German Law Journal No. 1 (2017). The paper seeks to remedy this oversight. It seeks to identify the legal and procedural shortcomings—the failures of due process—of a well-resourced, well-staffed political inquiry to offer a representative example of how UN COIs tend to fall short, why they must be considered legal undertakings, and how future UN COIs might remedy these common shortcomings by focusing on the legality of their procedures.
(Jan 23) Professor Martin Olszynski has published an article in the Canadian Journal of Fisheries and Aquatic Science (CJFAS). Co-authored with Dr. Brett Favaro, a research scientist at the Fisheries and Marine Institute of Memorial University of Newfoundland, the article, "Authorized Net Losses of Fish Habitat Demonstrate Need for Improved Habitat Protection in Canada" (available online here), considers the extent of fish habitat loss authorized by the Department of Fisheries and Oceans back in 2012, the same period during which the-then federal government introduced changes to the relevant legislation to further weaken fish habitat protection.
(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:
'What is a joke? Mapping the path of a speech complaint on Social Networks' in Lorna E. Gillies & David Mangan (eds), The Legal Challenges of Social Media (Edward Elgar Publishing)
(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.
(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.