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Faculty Publication News

2016/2017 Faculty Publication News


  • (May 24) Professor Cathy Brown presented her paper "Canada- Property rights of unmarried cohabitants in Canada," co-authored by Kyle Gardiner, JD'17, at The International Academy of Estate and Trust Lawyers annual conference in Chicago.
  • (May 18) Professor Shaun Fluker and co-author Eric Dalke, JD'14, have published the results of their analysis on costs awards issued by the Alberta Energy Regulator in "An Analysis of Costs Awarded by the Alberta Energy Regulator" on SSRN and the article is forthcoming in the Alberta Law Review for Volume 55:3 later this year.
  • (May 4) Professor Michael Nesbitt has published an article in the Canadian Human Rights Yearbook examining Section 12.1 of the Canadian Security Intelligence Service Act (Bill C-51). Michael's paper, "CSIS's New Disruptive Powers, Grey Holes, & the Rule of Law in Canada," looks at the transition of CSIS from its traditional role as an information collection and analysis agency to one that is empowered to exercise disruptive powers against potential terrorist threats. Michael's research was also quoted favourably on several occasions by the House Standing Committee on Public Safety and National Security, which is both a review of Bill C-51 and Canada's national security laws and practices. The report, "Protecting Canadians and their Rights: A New Road Map for Canada's National Security," presents recommendations for national security reform, including some consistent with Michael's testimony to the Standing Committee in October 2016.
  • (April 26) Professors Olszynski and Mascher, along with Dalhousie University Professor Meinhard Doelle, have recently had a paper accepted in the Georgetown Environmental Law Review. Their paper, "From Smokes to Smokestacks: Lessons from Tobacco for the Future of Climate Change Liability", considers the history of tobacco litigation and liability in order to draw lessons for the future of climate change litigation and liability. Read the abstract.
  • (March 13) Professor Erin Sheley's article "A Broken Windows Theory of Sexual Assault Enforcement," has been accepted by the Journal of Criminal Law and Criminology (forthcoming), available at SSRN.
  • (March 2) Professor Michael Nesbitt has published the article "Canada's 'Unilateral' Sanctions Regime under Review: Extraterritoriality, Human Rights, Due Process, and Enforcement in Canada's Special Economic Measures Act" in the Ottawa Faculty of Law Working Paper No. 2017-06.
  • (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 18) Professor Sharon Mascher co-authored a chapter entitled "Rights-Based 'Recognition': The Canadian Experience in a book entitled "Constitutional Recognition of First Peoples in Australia: Theories and Comparative Experiences."
  • (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