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Legal Research _ UBC - University of British Columbia Faculty of Law

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Legal Research _ UBC - University of British Columbia Faculty of Law Powered By Docstoc
					                                            Legal Research
                                               @ UBC
              Dean Bobinski
   faculty members of national and international recognition.

   Emphasizing the rule of law: providing economic & personal security in our increasingly complex
    society.

   Recognition of the rapidly changing practice environment.

   Emphasis on emerging fields of specialization and legal change responsive to changing social
    needs.

   research that makes a difference - changing the course of academic debate to offering real-life
    solutions to war torn countries.

   Faculty engaged with academics, practitioners, and policy-makers across the globe
• 39 full-time, tenured or tenure-track
  faculty members (2003-2004) plus 5
  other full-time law teachers

• 629 LL.B. students (pursuing a post-
  graduate professional law degree)

• Approximately 15 LL.M. students + 4 to
  8 Ph.D. students admitted each year.
   Faculty commitment to:
     • Alternative Dispute Resolution
     • Asian Legal Studies
     • Feminist Legal Studies (Centre & Chair in Feminist
       Legal Studies)
     • First Nations Legal Studies
     • Immigration and Refugee Law (CRC)
     • Legal History (Nemetz Chair in Legal History)
     • Natural Resources and Environmental Law.
   Affiliation with key research groups located at the
    school and at UBC:
     • B.C. Law Institute
     • the International Centre for Criminal Law Reform
       and Criminal Justice Policy
     • The Institute for Asian Research
     • The Centre for Research in Women‟s Studies &
       Gender Relations
     • the Peter Wall Institute for Advanced Studies
     • Law&society@UBC
   Emphasis on developing strength in emerging fields
    of specialization, such as:
     • e-commerce
     • intellectual property
     • aboriginal rights
     • international human rights
     • international trade
                                               Aggregate Research Data
                                                     2001-2003

•25 books & 59 book chapters:
              •2001-02 = 6 books by 6 faculty members; 16 chapters by 7 professors;
              •2002-03 = 19 books by 13 faculty members; 43 chapters by 20 faculty members
• 87 articles in peer reviewed journals:
              •2001-02 = 40 articles by 20 faculty members
              •2002-03 = 47 articles by 20 faculty members (16 of which were the same across years)]

• 75   "other" publications.
              •2001-02 = 30 publications by 14 faculty members;
              •2002-03 = 45 publications by 16 faculty members (11 of which were the same across years)]

• 37 faculty sponsored conferences or colloquia at Curtis Law Building or other UBC locations
• Numerous conference presentations:
     •2001-02
            • 21 conferences by 11 professors, plus
                   •4 Corporate Law Conference participants, and
                   •3 Law & Society participants;
     •2002-03
            • 16 conferences by 10 profs, plus
                   • 8 faculty participants in the joint Canada-USA Law & Society Conference

• 71 externally-funded research projects:
       • 2001-02: 32 projects by 15 faculty members (plus 2 CURA co-investigators)
       • 2002-03: 39 projects by 16 individuals (plus 7 co-investigators on two different projects - CURA + IAR)
                                                         Funded Research 2003-2004
                                                                  • 12 individuals
                                                               • 8 research projects
                                                       • funded from 5 SSHRCC programs

Major Collaborative Research Initiative on comparative dispute resolution in China, Japan, and Canada.
       • to investigate dispute resolution, in and out of the courts, in the areas of international trade and human rights.
       • particular focus on how forces of globalization affect the transmission of legal norms across cultures.
       • Principal Investigator: Dr. Pitman Potter
       • Other researchers: Dr. Lilijiana Biukovic, Professor Bill Black, Professor Phil Bryden, Professor Michelle LeBaron, Professor Bob
       Paterson, Dr. Janis Sarra, Ms. Sharon Sutherland.
       • project runs until 2008 (renewable).
Community-University Research Alliance program:
       • The alterative dispute resolution (funding renewed in 2003) - Sharon Sutherland in collaboration with Michelle LeBaron, Director of the
       Dispute Resolution Program following Professor Hogarth‟s retirement.
       • Professor Margot Young is involved in two CURA projects:
               • “The Social Rights Accountability Project” investigates the prospects for realizing social justice for low income and other
               disadvantaged groups through social-rights based participation in the social, legal and political settings. (team includes academics
               and community organizations from across Canada.)
               • a project examining the impacts of reforms to provincial public services on economic security – assessing alternative models for
               governance and delivery of public programmes, with the aim of finding ways to better meet people‟s needs while incorporating
               democratic principles.
Dr. Ruth Buchanan is part of The Initiative on the New Economy, investigating the social and legal effects of outsourcing work. Funded
     under SSHRC‟s special program on understanding the dynamics of globalization, the project includes regional case studies across Canada.
Standard Research Grants
       • Dr. Buchanan: the place of law in globalization. - a focus on law‟s social dimension: its role in the constitution of just societies, and in
       the protection of marginalized groups.
       • Susan B. Boyd, Chair in Feminist Legal Studies: the reform of Canadian child custody law - assessing which factors have had the
       greatest weight in the recent process of reforming laws related to children whose parents divorce or separate.
Therese F Casgrain Fellowship
       Claire Young, Associate Dean Academic, holds the prestigious SSHRC administered Fellowship - awarded once every two years to
       support research on women and social change in Canada - to research the funding of social program‟s through the tax system. She
       considers how this growing public policy trend impacts women, with particular reference to tax subsidies for retirement savings.
Individual Faculty
Research Profiles:
                                  Natasha Affolder
                                  LLB (Alberta), BCL (Oxford), D.Phil. (Law) (Oxford)




Research Fields: Sustainable Development Law, Environmental Law (Canadian and International), International
     Business Law, International Law, Natural Resources .
Representative Publications:
•     Awarding Compound Interest in International Arbitration, 12 The American Review of International Arbitration 45 (2001).
•     Mediation and UPL: Do Mediators Have a Well-Founded Fear of Prosecution? (with David Hoffman) ABA Dispute
      Resolution Magazine 20 (2001).
•     Tadic, The Anonymous Witness and the Sources of International Procedural Law, 19 Michigan Journal of International Law
      445 (1997).
•     The UN and the Private Sector: The Ultimate Public/ Private Distinction?, presented at the Academic Council on the UN
      System, Promoting Economic and Social Development: Role and Impact of the United Nations (Turin, Italy: June 1996),
      published in Conference Proceedings 1996.

Current Research: Emerging Industry-Government-NGO Collaborative Efforts to Define Best Practices and
     Acceptable Standards for Large Projects; Project- Specific Environmental Contracts; Sustainable Tourism
     and Law.
                                         Tae-Ung Baik
                                         Assistant Professor, LL.B. (Seoul National University); LL.M. (Notre Dame);
                                         J.S.D. Candidate (Notre Dame)




Research Fields: Human Rights; Korean Law; International Law; Constitutional Law
Representative Publications:
•      The Invisible Exodus: North Koreans in the People's Republic of China, Human Rights Watch, November 2002 Vol. 14, No. 8 (C) (2002)
       (coauthored with Pokempner and Jendrzejczyk)
•      A War Crime against an Ally’s Civilians: The No Gun Ri Massacre, Notre Dame Journal of Law, Ethics & Public Policy Vol.15, Issue
       No.2 (2001)
•      The Dream Of The Korean Socialist Movement, Friend-of-Labor Publishing Company (1992)


Current Research: Regional Human Rights System in Asia
Justice Incomplete: the Remedy for the Incident of Jeju April Third to be presented at a conference hosted by The Asia-Pacific Research
       Center at Stanford University on May 27, 2004
              This article deals with the remedies given to the victims of the Jeju April Third a massacre that happened in 1947-1954 in Jeju
                      Island, South Korea. It was when Korea was about to be divided into South and North, and a separated rightist regime was
                      being established in South Korea supported by the US Army Military Government. The incident started with a mass
                      uprising led by domestic communist groups protesting against the general election in South Korea. However, tens of
                      thousand innocent people in Jeju were subsequently killed by the police or military forces. Although the South Korean
                      government has been reluctant to acknowledge the issue for decades, the victims are now being given remedies. The most
                      dramatic change was the official apology from the government given by the current president Roh Moo-Hyun last
                      December, 2003 in Jeju.
              This article focuses on the issue of transitional justice, defined as "the principles and mechanisms which can guarantee justice
                      during a transition from a authoritarian regime to democratic rule." Dealing with the past raises a hard question of
                      transitional justice: a question of choice between to "forgive and forget" and to "prosecute and punish." The dialectics
                      between truth and reconciliation comes into play at this stage. In this work I explore the current stage of Korean
                      transitional justice and some key issues that recur whenever they deal with past atrocities.
                                           Joel Bakan


                                   The Corporation


                                   •   A major documentary
                                       movie and book
                                   •   Exploring the dominant
                                       legal institution of our
                                       time



Filmmakers (from left to right)
director Mark Achbar, writer
Joel Bakan, and director
Jennifer Abbott consider the
strange construction that is the
corporation
                                        Ljiljana Biukovic
                                        LL.B. (Belgrade); LL.M. (CEU-Hungary); LL.M. (UBC); Ph.D. (UBC).




Research Fields: European Union Law; International Trade Law and Dispute Resolution Mechanisms; International Organization;
       Cyberspace law and electronic commerce; Harmonization of commercial laws in Europe.

Representative Publications:
•      “International Commercial Arbitration in Cyberspace: Recent Developments” (2002) 22:3 Northwestern Journal of International Law
       311
•      “NAFTA Arbitration Awards in British Columbia Courts: The Metalclad Case” (2002) 60:2 The Advocate 259
•      “Unification of Cyber-jurisdiction Rules: Just How Close are the EU and US?" (2002) 19:2 Telematics and Informatics 139
•      “Impact of the Adoption of the Model Law in Canada: Creating a New Environment for International Arbitration” (1998) 30 Canadian
       Business Law Journal 376

Current Research: Asia-Pacific Cross-Cultural Dispute Resolution Project; European Union Enlargement
Recent Graduate Supervisions/ Examination: Kerstin Saarkoppel M.A. in European Studies (2003); Natalia Amigo LL.M. (expected
       2004); Marta Sawitzki LL.M. (expected 2004); Andrew Burton LL.M. (expected 2004); Lutz Riede LL.M. (expected 2004); Matthew Au
       Ph.D. (In progress); Yanyan Liu LL.M. (expected 2004)

Research Awards/ Honours: SSRCH – MCRI 2003-2008
Service: BC Arbitration and Mediation Institute Trustee; Editorial Board of CLE (2 editions on Commercial Arbitration)
                                                                  Ljiljana Biukovic
                                           LL.B. (Belgrade); LL.M. (CEU-Hungary); LL.M. (UBC); Ph.D. (UBC).




                  “Asia-Pacific Cross-Cultural Dispute Resolution Project”

Collaborators/ Research Team (if any): Professor Pitman Potter (principal investigator), Michelle LeBaron, Bill Black, Yoshitaka Wada,
Xia Yong (co-investigators)


Funding Source(s) (if applicable): SSRCH


Research Problem: selective adaptability of WTO dispute resolution norms in Canada, China and Japan and practice issues in
transparency, subsidies, anti-dumping, IP and national treatment.


Research Method: Comparative empirical research on dispute resolution based on the analysis of laws, regulations and informal
procedures and practices in international trade. Selective adaptation is a process by which international norms are received and
assimilated in different countries and across different cultures. The project focuses on international trade norms and practices
underpinning WTO structure.


Deliverables and projected completion dates: 2008
                                         Joost Blom
                                         B.A. (Brit. Col.), LL.B. (Brit. Col.), B.C.L. (Oxon.), LL.M. (Harv.), Q.C.




Research Fields: conflict of laws (private international law), torts, contracts .
Representative Publications:
•      “Public Policy in Private International Law and its Evolution in Time” (2003), 50 Neth. Int‟l L. Rev. 373-400
•      “Tort, Contract and the Allocation of Risk” (2002), 17 S.C.L.R. (2d) 289-314. Reprinted in S. Beaulac, S.G.A. Pitel and J.L. Schultz,
       eds., The Joy of Torts (Markham, Ont.: LexisNexis Butterworths, 2003) 289-314
•      ”Private International Law in a Globalizing Age: The Quiet Canadian Revolution” (2002), 4 Yearb. Priv. Int‟l L. 83-115 [pub. by Kluwer
       Law International & Swiss Institute of Comparative Law].

Current Research: co-authoring a book on economic torts.
Recent Graduate Supervisions/ Examination: Principal supervisor for John Fairlie (LL.M. 2003; topic: duty of care in tortious
       misrepresentation); Miriam Starkl-Moser (LL.M. 2002; topic: Internet and human rights); Lenka Radkova (LL.M. 2001; topic: moral
       rights – the right to paternity and integrity in the information society).

Research Awards/ Honours: Membre titulaire, International Academy of Comparative Law
Service: Assistant Editor, Canadian Bar Review, 1986-93; Assistant to the Editor, Canadian Yearbook of International Law, 1993-2001;
       Member, Editorial Board, Canadian Yearbook of International Law, 2001-date; Associate Dean, Faculty of Law, 1982-85; Dean, Faculty
       of Law, 1997-2003; Bencher, Law Society of British Columbia, 2004-date.
                                 Joost Blom
                                 B.A. (Brit. Col.), LL.B. (Brit. Col.), B.C.L. (Oxon.), LL.M. (Harv.), Q.C.




                                                    Economic Torts

Collaborators/ Research Team: Co-author with Prof. Peter Burns


Funding Source: President‟s Office funding for research while I was Dean (still being drawn down)


Research Problem: To produce a modern statement of the Canadian law relating to tort liability for intentionally or unintentionally
causing pure economic loss to another.


Research Method: Library research.


Deliverables and projected completion dates: Expected to complete September 2005.
                                      Professor Susan B. Boyd
                                      Chair in Feminist Legal Studies; B.A. (History) (Bishop‟s); LL.B. (McGill); D.E.I.
                                      (Amsterdam); LL.M. Distinction (London); Law Society of Upper Canada.




Research Fields: family law and gender relations, child custody law, feminist legal theory, sexuality and family law .
Representative Publications:
•      Child Custody, Law, and Women’s Work (Oxford University Press, 2003)
•      Challenging the Public/Private Divide: Feminism, Law, and Public Policy (University of Toronto Press, 1997)
•      “Family Law in Changing Societies”, in Austin Sarat, ed., the Blackwell Companion to Law and Society, in press.

Current Research: (Re)forming child custody law in Canada, 1998-2003 (SSHRC SRG); “Feminism, law & social change in Canada,
       1967-97: (re)action and resistance” (SSHRC Strategic Grant, with 4 others)

21st Century Graduate Supervisions/ Examination: Fiona Kelly (LL.M. and Ph.D. Law Supervisor); Emma Cunliffe (LL.M.
       Supervisor); Louise Falconer (LL.M. co-Supervisor); Toni Johnson (LL.M. co-Supervisor); Lori Lothian (LL.M. Supervisor); Dawna
       Tong (Ph.D. Sociology, Examiner); Helena Kajlich (M.A. Polit.Science, Examiner).

Research Awards/ Honours: Peter Wall Institute for Advanced Studies Distinguished UBC Scholar in Residence 2004; UBC Scholar
       Award, UBC Centre for Research on Women‟s Studies and Gender Relations 2003; Class of ‟68 Award 2000.

Service: (Director, Centre for Feminist Legal Studies; Co-Secretary, Appointments Committee; past Co-Editor, Canadian Journal of Women
       and the Law; Ad Hoc Committee on Custody and Access; cited by Supreme Court of Canada in Young v. Young; testimony to Special
       Joint Parliamentary Committee on Child Custody and Access; Presentation to All Party Women‟s Caucus, Centre Block, Parliament
       Hill, 2002; Participant, Adult Relationships Study Panel, Law Commission of Canada, Ottawa, 1999.)
                                                 Professor Susan B. Boyd
                                                 Chair in Feminist Legal Studies; B.A. (History) (Bishop‟s); LL.B.
                                                 (McGill); D.E.I. (Amsterdam); LL.M. Distinction (London); Law Society
                                                 of Upper Canada.




                (Re)forming Child Custody Law in Canada, 1998-2003
Collaborators/ Research Team (if any): Co-Investigator Dr. Dorothy Chunn (SFU Criminology)
Funding Source: SSHRC Standard Research Grant
Research Problem: Which factors, or combinations of factors, have carried the greater weight in the recent process of reforming Canadian
laws related to children whose parents are divorcing or separating? Factors considered include (a) legislative changes to child support law; (b)
lobbying by women‟s groups for greater attention to gendered caregiving patterns in heterosexual families and to the consequences of spousal
abuse in child custody law; (c) lobbying by fathers‟ rights groups for the introduction of legal presumptions in favour of joint custody or
shared parenting; (d) media attention to the so-called „gender wars‟ over children and, in particular, to the arguments of fathers‟ rights
advocates; (e) law reform developments in other countries, notably England, Australia, and some states of the United States; and (f) social
science studies of the consequences of divorce for children. In addition to tracking the influences on law reform and the results of the law
reform process, it will be possible to assess to what extent any imbalance between the impact of the voices of women‟s groups and men‟s
groups is manifested in the law reform process. The project also will determine and analyze the reactions of women‟s and men‟s groups to the
reforms and the process.


Research Methods: (1) documentary analysis of governmental committee submissions, hearings and reports, governmental responses, and
parliamentary debates; (2) quantitative and qualitative media analyses of how issues related to parenting and child custody and access law
have been (re)presented over time in English-language, Canadian newspapers (e.g. quality, popular) from three cities (Vancouver, Ottawa,
Toronto); and (3) semi-structured interviews of one to one and a half hours with representative members of fathers‟ rights advocates and
women‟s rights advocates, mainly in British Columbia and Ontario.
Deliverables and projected completion dates: Conference papers/presentations (ongoing); refereed articles (ongoing), a book (2005).
                            Christine Boyle
                            LL.B. Queens University Belfast 1971; LL.M. Queens University
                            Kingston




Research Fields: Criminal law, with a particular focus on violence against women, The law of
    evidence, Human rights/equality
Representative Publications:
•   "Sexual Assault in Abusive Relationships:Common Sense About Sexual History" (1996), 19
    Dalhousie Law Journal 223.
•   "To Serve the Cause of Justice: Disciplining Fact Determination" (2001), The Windsor
    Yearbook of Access to Justice 55 (with Marilyn MacCrimmon).
•   "The Anti-Discrimination Norm in Human Rights and Charter Law: Nixon v.Vancouver
    Rape Relief", forthcoming, University of British Columbia Law Review.
Current Research: "The Drawing of Inferences in Fact Determination"
                                                                Christine Boyle
                                       LL.B. Queens University Belfast 1971; LL.M. Queens University Kingston




             "The Drawing of Inferences in Fact Determination"

Research Problem: The process of fact determination involves the drawing of inferences. This
process, which affects both determinations of relevance and probative value in fact finding contexts, must
be fair and egalitarian. Yet it is relatively unexamined in Canadian jurisprudence. For instance, is poverty
relevant to motive to commit profit-oriented crime? Is knowledge of the privilege against self-
incrimination relevant to the credibility of an accused who testified in a previous case? What may be
inferred from the silence of suspects? Is the fact that a sexual assault complainant did not write that she
was sexually assaulted in her diary relevant to credibility? How should fact finders deal with information
from which conflicting inferences may be drawn? This project examines such issues with a view to providing
guidance on a fair and egalitarian inference-drawing process for fact finders.
                                       Kim Brooks
                                       B.A. (English/Economics) (U of T); LL.B. (U.B.C.); LL.M. (Osgoode)




Research Fields: tax law and policy
Representative Publications:
•     “Delimiting the Concept of Income: The Taxation of In-Kind Benefits” (2004) vol. 49, no. 2 McGill Law Journal (forthcoming).
•     “Learning to Live with an Imperfect Tax: A Defence of the Corporate Tax” (2003) vol. 36, no. 3 University of British Columbia Law
      Review 621 – 672.
•     “Tax Stories: An In-Depth Look at Ten Leading Federal Income Tax Cases” (2003) vol. 28, no. 2 Queen’s Law Journal 705 – 721.

Current Research: Justifications for and Sustainability of the Corporate Tax
Recent Graduate Supervisions/ Examination: Jalia Kangrave, LL.M. (expected 2004)
Service: National Association of Women and the Law (co-chair); Canadian Journal of Women and the Law (managing
      editor); Canadian Association of Law Teachers (treasurer); Canada Tax Service (contributor); Valuation Law Review
      (editorial board)
                                  Kim Brooks
                                  B.A. (English/Economics) (U of T); LL.B. (U.B.C.); LL.M. (Osgoode)




         Globalization and the Corporate Tax: Competition, Coordination or Harmonization


One of the most urgent questions being debated among legal and other scholars in many areas of law and political economy over the past
decade is whether nation states will be able to maintain the capacity to impose regulatory frameworks on the economic lives of their
citizens in the face of the pressures created by “globalization”. Scholars have raised concerns that left unchecked, globalization will lead
to a “race to the bottom.” The predicted result is that the allocation and distribution of economic resources will be determined only by
the free play of market forces.
In this project I explore whether corporate taxes are diminishing in the face of increased globalization. Corporate taxes present an ideal
topic for an empirical look at the effects of globalization, given that in many ways the corporate tax is the regulatory framework most
exposed to the forces of globalization. The corollary to the empirical question, of course, assuming that I discover some decline in
corporate taxes, is an analysis of whether or not governments might be justified in taking steps to counter-act the effects of globalization,
and if they are justified in intervening, what kinds of steps might be advisable.
Presumably whatever conclusions I draw from this research might be of interest to corporate tax lawyers and scholars, but I also hope
that the analysis has a broader significance. By exploring how the forces of globalization are affecting the regulatory framework inherent
in the corporate tax, I plan to draw some more general conclusions about the survival of national sovereignty.
                                         Ruth M. Buchanan
                                         A.B. (Princeton, 1985) LLB (U Victoria, 1988) LLM (U. Wisconsin-Madison
                                         1993) SJD (U Wisconsin-Madison, 2000) Admitted to B.C. Bar, 1989.




Research Fields: globalization and law, law and development, international economic law, social and legal theory, sociology of law,
       information technologies and the international organization of work

Representative Publications:
•      “Collaboration, Cosmopolitanism, Complicity” with Sundhya Pahuja (2002) 71 Nordic Journal of International Law 297-324.
•      “Lives on the Line: Low Wage Work in the Tele-Service Economy,” in Laboring Below the Line: The New Ethnography of Poverty, Low
       Wage Work, and Survival in the Global Economy, Frank Munger, ed. Russell Sage, 2002. (pp 45-72):
•      "Border Crossings: NAFTA, Regulatory Restructuring and the Politics of Place" (1995) 2 Indiana Journal of Global Legal Studies 371-
       393.

Current Research: global governance and the social; cosmopolitan legality and global civil society; NGO‟s and the World Trade
       Organization.

Recent Graduate Supervisions: since 1997, has been involved in the supervisory committees of 2 MA‟s, 13 LLM‟s, 5 PhDs, 1 Post-
       doctoral Fellow

Research Awards/ Honours: UBC Killam Faculty Fellowship 2003, UBC Law Faculty Class of 1968 Award, 2003; Visiting Research
       Scholar, Birkbeck College Faculty of Law, University of London, Jan-March 2003; Early Career Scholar, Peter Wall Institute 2001-2002;
       UBC Scholar, UBC Center for Women‟s Studies and Gender Relations, 2000-2001.

Service: Book Review Editor, Canadian Journal of Women and Law, 1997-2002; Board of Trustees, U.S. Law and Society Association 2002-
       2005; Board Member, Canadian Law and Society Association, 1997-2000 ; Reviewer, SSHRC; Center for Women‟s Studies and Faculty
       Relations, Faculty Advisory Committee, 2001-2002; Co-chair, Green College Law and Society Lecture Series, 2003/04.
                                         Ruth M. Buchanan
                                        A.B. (Princeton, 1985) LLB (U Victoria, 1988) LLM (U. Wisconsin-Madison 1993)
                                        SJD (U Wisconsin-Madison, 2000) Admitted to B.C. Bar, 1989.




            Project #1: “Emergence Canada” (Details at: http://www.chs.ubc.ca/emergence/)
Research Team: Penny Gurstein, UBC SCARP (Principle Investigator), Ursula Huws, Analytica-UK-Collaborator.
Funding Source: SSHRC/INE
Research Problem: To map transnational outsourcing of work, facilitated by information and telecommunications technologies. Part of a
global network of researchers.
Research Method: Qualitiative, Interviews with firms at both source and destination points.
Deliverables and projected completion dates: Funded May 2003; Project to be Completed December 2006.

Project #2: “Between the Lines: Social Protection and the Limits of Law in the Context of
Globalization”
Collaborator: S. Pahuja, University of Melbourne, Faculty of Law
Funding Source: SSRHC
Research Problem: To consider the transformation of law‟s capacity in relation to the social; in the interaction between domestic and
transnational regulatory regimes.
Research Method: A series of case studies of issues and institutions that reveal these intertwined processes of legal and social
transformation; case studies include recent challenges to the World Trade Organization by social policy oriented NGO‟s and the effect of
the NAFTA on the enforcement of labor rights in North America.
Deliverables and projected completion: Funded May 2001; Completion by May 2005. In press: “Global Civil Society and Cosmopolitan
Legality at the WTO: Perpetual Peace or Perpetual Process?” Leiden Journal of International Law (2004). Monograph in progress:
Cosmopolitan Legality: Global Law and the Question of the Social
                                   Gordon Christie
                                   B.A. (Princeton); LL.B. (U.Vic); Ph.D. (philosophy) (University of California,
                                   Santa Barbara)




Research Fields: Aboriginal Law, Torts, Jurisprudence.
Representative Publications:
•     Law, Legal Theory and Aboriginal Peoples, 2 Indigenous Law Journal 70 (2003).
•     Judicial Justification of a Recent Development in Aboriginal Law, 17(2) Canadian Journal of Law & Society (2002).
•     The Court’s Exercise of Plenary Power: Rewriting the Two-Row Wampum, 16 Supreme Court Law Review (2nd series) (2002).
•     Justifying Principles of Treaty Interpretation, 26(1) Queen‟s Law Journal 143 (2000).
•     Delgamuukw and the Protection of Aboriginal Land Interests, 32(1) Ottawa Law Review 85 (2000).
•     Aboriginal Culture, Aboriginal Rights, and Protection, 36 Osgoode Hall Law Journal 3 (1998).

Current Research: Indigenous Legal Theory and Indigenous Legal Traditions (especially in relation to the legal
     and constitutional framework of Canada)
                                     Gordon Christie
                                     B.A. (Princeton); LL.B. (U.Vic); Ph.D. (philosophy) (University of California,
                                     Santa Barbara)




Looking for a Meeting Place: Indigenous Legal Traditions in Canada‟s Constitutional Structure
Collaborator(s): This project is part of a larger research endeavour funded by the Law Commission of Canada and the Indigenous
       Bar Association
Funding Source: Law Commission of Canada and the Indigenous Bar Association
Research Problem: The work takes place under the supposition that it might be possible to accommodate Indigenous legal traditions
       within Canada‟s current constitutional and legal framework, with the bulk of the work being an investigation into how this
       might play out. The task is to work from the two ends of the problem inward, from the direction of Indigenous legal traditions
       toward a situation in which they are re-infused into the day-to-day lives of contemporary Aboriginal nations, and from a
       conceptualization of the current constitutional landscape to a situation within which Indigenous legal traditions are living
       elements of this landscape. The end result of this investigation will be some sense of whether in working from these two
       directions toward one another a common ground may be reached – that is, whether the original supposition is valid.
Research Methodology: The research will be primarily of an analytic nature, but based on an extensive literature review of both (a)
       other analyses that have looked at issues wrapped up in this sort of problem, and (b) empirical research that has looked into
       the present state of Indigenous legal traditions in Aboriginal nations across Canada. It will be necessary to get a sense of the
       extent to which Indigenous legal traditions already operate within Aboriginal nations across Canada, just as it will be
       necessary to canvass the work that others have put into thinking about how Indigenous legal traditions could come to animate
       the lives of Aboriginal peoples.
                                         Catherine Dauvergne
                                         BA (Carleton), MA (Political Theory, Carleton) LLB (UBC) PhD (Australian
                                         National University), Canada Research Chair in Migration Law




Research Fields: immigration law, refugee law, citizenship law, legal theory, globalization
Representative Publications:
•      Humanitarianism, Identity and Nation, forthcoming, UBC Press, 2005
•      Jurisprudence for an Interconnected Globe, editor, Ashgate Press, 2003
•      „Sovereignty, Migration and the Rule of Law in Global Times‟ (2004) Modern Law Review, forthcoming
•      „Burdened by Proof: How the Australian Refugee Review Tribunal has Failed Lesbians and Gay Men‟ (2003) Federal Law Review co-
       authored with Jenni Millbank

Current Research: three on-going projects: 1. Globalization and Illegal Migration; 2. The Refugee Claims of Lesbians and Gay Men; 3.
       Women Asylum Seekers and Canada‟s Immigration and Refugee Protection Act

Recent Graduate Supervisions/ Examination: presently supervising 2 LLMs and on 2 PhD committee
Research Awards/ Honours: 2003-04 Early Career Scholar at the Peter Wall Institute of Advanced Study, headed a research team which
       won the 2000 Vice Chancellor‟s Award for Teaching Excellence at the University of Sydney

Service: Chair of the Faculty of Law Research Committee, member of the Faculty Advisory Committee for the Independent Interdisciplinary
       Studies Graduate Program, member of the Migration and Mobility working group
                                          Catherine Dauvergne
                                          BA (Carleton), MA (Political Theory, Carleton) LLB (UBC) PhD (Australian
                                          National University), Canada Research Chair in Migration Law

                                                        Globalization and Illegal Migration
Funding Source(s): Canada Research Chairs Program
Research Problem: To examine the interrelationships of globalizing forces and the worldwide crack down on extra-legal migration
Research Method: Analysis of theoretical accounts of globalization and new laws from selected jurisdictions around the world
Deliverables: a book manuscript by the close of 2006 comtriibuting original empirical analysis of migration law phenomenon; helping to re-position law within
theoretical accounts of globalization; 2 workshops.

                                       Understanding Gender in the Canadian Asylum Process
Research Team: Leonora Angeles, SCARP & Women‟s Studies / Gender Relations, UBC, & 5 graduate and law students
Funding Source: Status of Women Canada
Research Problem: To find out how procedural changes in Canada‟s refugee process affect women and men differentially
Research Method: Our primary method is structured and open-ended interviews with approximately 100 refugee claimants, lawyers, and community activists in
Vancouver, Toronto, Montreal and Ottawa. As a secondary part of our work, we are reviewing how well the new process conforms to Canadian and international
standards of gender equity.
Deliverables : Final report to be delivered to Status of Women Canada in March 2005.

                                                     Refugee Claims of Lesbians & Gay Men
Research Team: Jenni Millbank, University of Sydney (and UBC Law LLM alumnus)
Funding Source(s): Law Foundation of NSW; U. Sydney, CRC Program; application to the Australian Res. Council pending
Research Problem: To find out how the refugee claims of lesbians, gay men, and other sexualized minorities are treated in major refugee receiving nations around the
world
Research Method: Building a database of 1500-2000 decisions, subjecting it to quantitative and qualitative analysis
Deliverables:: 3 co-authored pieces already published, work to date has also led to supporting intervenor arguments in the Australian High Court in 2003 in the case of
Appellant S395. This was the first case in our database to reach a final level appellate court. With reference to our work, the HCA granted the applicants a right to a new
hearing.
                                     Ronald B. Davis
                                     LL.B. (Toronto); S.J.D. (Toronto)




Research Fields: Pension and Trust Law; Corporate Law; Insolvency Law.
Representative Publications:
•     “Restructuring Proceedings and Pension Deficits: A Question of Risk and Reward” Annual Review of Insolvency Law 2003 29-
      65
•     “Investor Control of Multi-national Corporations: A Market for Corporate Governance Based on Justice and Fairness?”,
      Chapter 5, 131-155, in Janis Sarra, ed., Corporate Governance in Global Capital Markets (Vancouver: University of British
      Columbia Press, 2003)
•     “The Bonding Effects of Directors‟ Statutory Wage Liability: An Interactive Corporate Governance Explanation”, (2002) 24
      Law & Policy 405-435
•     Director and Officer Liability in Corporate Insolvency, (with Janis P. Sarra) (Markham & Vancouver: Butterworths Canada
      Inc., 2002)
Current Research: “A Duty to Warn: Bad Assets and Fiduciary Duty”; “Can Independent Directors Protect Minority Shareholders,
     and From What: An Analysis of the Hollinger Story”
Recent Graduate Supervisions/ Examination: LL.M Supervisor, William Todd; Ph.D. Committee Member, Micheal Ilg
Research Awards/ Honours: SSHRC Doctoral Fellowship (2001-2003); W.P.M. Kennedy Silver Medallist, University of Toronto
      (1990).
Service: Member, Editorial Board, Annual Review of Insolvency Law; Co-counsel Bathgate v. National Hockey League Pension
      Society (1994) 110 D.L.R. (4th) 609 (Ont. C.A.); Markle v. City of Toronto (2003) 63 0.R. 321 (Ont. C.A.)
                                  Ronald B. Davis
                                  LL.B. (Toronto) S.J.D. (Toronto)




Project Title: “A Duty to Warn: Bad Assets and Fiduciary Duty”


Funding Source(s): Faculty of Law Research Grant (application submitted)
Research Problem: The project will address whether or not the present abysmal performance of pension plans can justify a claim of
breach of fiduciary duty by plan administrators with respect to their choice of equities as a major investment of the pension funds.
Scholars have recognized a serious mis-match between pension plan liabilities and equities as assets, the question is why pension plan
administrators continued to increase the proportion of equities in their plan‟s portfolio throughout the 1990‟s. If one plausible explanation
for doing so involves a conflict of interest, then the issue of a potential breach of fiduciary duty becomes more immediate.
Research Method: Legal research into the developing law concerning the content and scope of fiduciary duty in order to analyse the
impact of these developments on the problem. It will also require research into economic and legal literature concerning pension
liabilities and asset mixes in order to determine the knowledge available on this issue for the plan administrators and their professional
advisors. Comparative law research will also be conducted on similar issues under U.S. law.


Deliverables and projected completion dates: A scholarly paper of publishable quality that will be of interest to scholars, employers,
employees, retired plan members and policy makers in the pension law field.
Research completed:           August 2004
Writing completed:            October 2004
Editing and Proofreading:     November 2004
                             Elizabeth Edinger
                             B.A. (UBC) 1964; LL.B. (UBC) 1967; B.C.L. (Oxford) 1977;
                             Associate Professor




Research Fields: Conflict of Laws, Constitutional Law and Creditors Remedies.




Service: Associate Dean, 1988-92, 1997-2003
                                     Robin Elliot
                                     B.Sc. (Hon.) (UBC); LL.B. (UBC); LL.M. (University of London); Associate
                                     Dean; Administration and Finance




Research Fields: Canadian Constitutional Law, Civil Liberties, Comparative Constitutional Law, Human Rights,
     Constitutional Theory.
Representative Publications:
•     “References, Structural Argumentation and the Organizing Principles of Canada‟s Constitution”, (2001), 80 Can. Bar
      Rev., 67-142.
•     “Developments in Constitutional Law: The 1989-90 Term”, (1992) 2 Supreme Court Law Review, (2d) 83-173.
•     Weiler, J. and Elliot, R.M. (eds.), Litigating the Values of a Nation: The Canadian Charter of Rights and Freedoms,
      Carswell, Toronto, Ontario, 1986, 426 pages.
Current Research: Study of Supreme Court of Canada‟s approach to the Fundamental Freedoms category of the Charter.
Recent Graduate Supervisions/ Examination: David Hosking, LL.M (1992); Russell Binch, LL.M (2001); Carolin Bayer,
     LL.M (2001); Norma Oshynko, LL.M (2001); Michelle Good (2004, projected); John Soroski, Ph.D., Political Science
     (member of committee).
Research Awards/ Honours: Killam Research Prize 1988.
Service: Appointments Committee: (Member) 1997-98, (Chair) 1998-2000, (Co-Chair) 2000-02; Curriculum Committee:
      2000-01; TAG Council: 1998-2002
                                                                Robin Elliot
                                    B.Sc. (Hon.) (UBC); LL.B. (UBC); LL.M. (University of London); Associate
                                                        Dean; Administration and Finance




           "The Doctrine of Federal Paramountcy under Canada's Constitution"


Research Problem:          to clarify the Supreme Court of Canada's current understanding of the nature and scope of the
federal paramountcy doctrine, and to subject that understanding to critical scrutiny.

Research Method: a combination of doctrinal, analytical and theoretical.

Deliverables:      completion summer 2005.
                                                                                       Isabel Grant
                                                                         B.A. (Toronto), LL.B. (Dalhousie), LL.M. (Yale)



Research Fields: criminal law, mental health law
Representative Publications:
•      “Canada‟s Criminal Harassment Provisions: A Review of the First 10 Years” (2003) 29 Queen's L.J. 175-239 (with Natasha Bone and
       Kathy Grant).
•      "Disability and Performance Standards under the Ontario Human Rights Code" (2002) 1 Journal of Law and Equality, pp.205-246 (with
       Judith Mosoff)
•      “Punishing our Most Serious Crime: Rethinking the Sentencing Regime for Murder” (2001) Osgoode Hall L.J. 655-701.
•      “Anaphylaxis in Schools: A Legal Analysis" (2000) 10 Education and Law J. pp. 383-425.
•      “Exigent Circumstances: The Relevance of Repeated Abuse to the Defence of Duress" (1997) 2 Canadian Criminal Law Review pp. 331-
       370.

Current Research: “The Regulation of Suicide through Criminal law” and “Consent, Women with Disabilities and Canada‟s Sexual Assault
       Provisions” (with Janine Benedet, Osgoode Hall Law School)

Recent Graduate Supervisions/ Examination: Joanne Klineberg (LL.M); Jeremy Rigg (LL.M)
Research Awards/ Honours: Killam Research Fellowship, Jan.-June 1997; Class of 1968, Research Prize (with J. Mosoff); Killam Research
       Fellowship Jan.-June 2000 (awarded in separate competition)

Service: Editorial Board, Criminal Law Forum; Editorial Board, International Journal of Criminal Law Education 2003; Chair, Mental Health
       Act Review Panel; Pro bono work on various cases for C.L.A.S. including Blackmun, Davidson, Fenton, O’Connor, Kliman, Beese, Winko
       (B.C. C.A.) 1991-96; Pro bono consultation on factum for Supreme Court of Canada factum in Winko v. B.C. and Beese v. B.C., 1997-98;
       Member of Working Committee for intervention at the Supreme Court of Canada in Gibbs v. Battleford Cooperative, Council for
       Canadians with Disabilities, 1996-1997; Member of Working Committee on the Impact of Legal Aid Cuts in B.C. for women(West Coast
       Leaf, 2002-present); Member of Working Committee on Impact of Cuts to Welfare and Disability in B.C. (West Coast Leaf, 2002-03)
                                        Douglas Harris
                                        BA (History) UBC 1990; LLB Toronto 1993; LLM UBC 1998; PhD Osgoode
                                        Hall expected 2004


Research Fields: Legal History, Fisheries Law, First Nations Law, Property Law, Law and Geography.
Representative Publications:
•     „Indian Reserves, Aboriginal Fisheries, and Anglo-Canadian Law, 1876-1882‟ in J. McLaren et al eds. Despotic Dominion: Property
      Rights in British Settler Societies (Vancouver: UBC Press, forthcoming 2004)
•     „Indigenous Territoriality in Canadian Law‟ in A. Walkem et al eds., Box of Treasures or Empty Box?: Twenty Years of Section 35
      (Penticton, B.C.” Theytus Books, 2003)
•     Fish, Law, and Colonialism: The Legal Capture of Salmon in British Columbia (Toronto: University of Toronto Press, 2001)

Current Research: The Historical and Legal Geography of Aboriginal Fishing Rights in British Columbia
Recent Graduate Supervisions/ Examination: PhD committee member: S. McGilligan (in progress); D. Schrieber 2003.
       LLM Supervisor: C. Chow (in progress); Karen Gee (in progress).

Research Awards/ Honours: Early Career Scholar, Peter Wall Institute for Advanced Study, 2003/04; Certificate of Honour for Historical
      Writing, BC Historical Federation, 2001

Service: Law Faculty Appointments Committee, 2003/04; UBC Faculty of Law Dean Selection Committee, 2002/03
                                    Douglas Harris
                                    BA (History) UBC 1990; LLB Toronto 1993; LLM UBC 1998; PhD Osgoode Hall
                                    expected 2004




         The Legal Geography of Aboriginal Fishing Rights in British Columbia

Funding Source(s) (if applicable): Coasts Under Stress (funded by SSHRC and NSERC); Law Foundation of British Columbia
UBC Faculty of Law Endowment; York University


Research Problem: To describe and map the state regulation of the Aboriginal fisheries in late nineteenth and early twentieth century
British Columbia, and in the context of this legal/historical work, to understand and critique the evolution and treatment of Aboriginal
fishing rights in Canadian courts.


Research Method: Extensive analysis of historical documents including government records, legal records, private papers, and
newspapers, and of recent decisions involving Aboriginal fishing rights in Canadian courts.


Deliverables and projected completion dates: PhD thesis expected Spring 2004
                                     Name: Shi-Ling Hsu
                                     B.S.E.E. (Columbia); J.D. (Columbia.); M.S. (Ecology, University of California,
                                     Davis); Ph.D. (Agricultural and Resource Economics, University of California,
                                     Davis).




Research Fields: Environmental Law, Comparative and International Environmental Law, Law and Economics, Property .
Representative Publications:
•     Fairness Versus Efficiency in Environmental Law, __ Ecology L. Q.___ (forthcoming in 2004).
•     Book Review: Environmental Law and Policy, by James Salzman and Barton H. Thompson, Jr., 49 Ecological Economics 492 (2004).
•     A Two-Dimensional Framework of Property Rights Regimes. 36 U.C. Davis L. Rev. 813 (2003).
•     A Game-Theoretic Approach to Regulatory Negotiation and a Framework for Empirical Analysis. 26 Harv. Envtl. L. Rev. 33 (2002).
•     A Defense of Cost-Benefit Analysis for Natural Resource Policy. 32 Envtl. L. Rep. 10239 (February 2002) (with John Loomis).
•     R educing Emissions from the Electricity Generating Industry: Can We Finally Do It? 14 Tulane Envtl. L. J. 427 (2001).
•     The Potential and Pitfalls of Habitat Conservation Planning Under the Endangered Species Act. 29 Envtl. L. Rep. 10592 (Oct 1999).
•     The External Damage Costs of Direct Noise From Motor Vehicles. 1 J. Transportation and Statistics 1 (Jan 1999).
•     Ecosystem Management and the 1996 Sustainable Fisheries Act. 24 Ecology L. Q. 799 (1997) (with J. Wilen).

Current Research: Overcapitalization and Environmental Law and Policy; Cost-Benefit Analysis in Environmental Policymaking.
Recent Graduate Supervisions: “Designation of Critical Habitat on Department of Defense Installations – A Changing Landscape,” by
      David Kendrick (LLM, George Washington).
                                          Michelle LeBaron
                                          LL.B. (University of British Columbia) 1980; Droit Civil Exchange Program (Universite de
                                          Sherbrooke) 1980; M.A., Instructional Psychology, (Simon Fraser University) 1990; B.A.,
                                          Communication and Psychology (Chapman University, Orange, California) 1977.




Research Fields: conflict resolution and law; gender, law and conflict; cross-cultural conflict resolution; the scholarship of teaching and
       learning

Representative Publications:
•      Learning New Dances: Finding Effective Ways of Address Intercultural Disputes, 2004. (In Catherine Bell and David Kahane (Eds.)
       Intercultural Dispute Resolution in Aboriginal Contexts: Canadian and International Perspectives. Vancouver, British Columbia:
       University of British Columbia Press)
•      Bridging Cultural Conflicts: A New Approach for a Changing World, 2003. (Jossey Bass, San Francisco)
•      Bridging Troubled Waters: Conflict Resolution from the Heart, 2002. (Jossey Bass, San Francisco)
•      Culture and Conflict: A Literature Review and Bibliography, 2001. (Victoria, British Columbia: University of Victoria Institute for
       Dispute Resolution)
•      LeBaron, Michelle and Zena D. Zumeta. (2003). Windows on Diversity: Lawyers, Culture and Mediation Practice. Conflict Resolution
       Quarterly.

Current Research: Cross-cultural Dispute Resolution in Canada, China and Japan; Creative Approaches to Cross-cultural Community
       Conflicts

Recent Graduate Supervisions/ Examination: Amr Abdalla, PhD (2001); Berenike Carstarphen, PhD (2003); Jo Golden, PhD (2004,
       projected)

Research Awards/ Honours: Celebration of Learning grant. George Mason University. 1999. Virginia COOL (Campus Outreach
       Opportunity League) fellowship in service learning, Richmond, Virginia. 1998 - 1999. Readership in Women's Studies, George Mason
       University. 1995 - 1996

Service: Board of Directors member, Institute for Multitrack Diplomacy, Washington, DC 1993 –2003; Public Conversations Project,
       Watertown, MA, International Advisory Board member, 1996 - present
                                                             Michelle LeBaron
                                   LL.B. (University of British Columbia) 1980; Droit Civil Exchange Program (Universite de
                                   Sherbrooke) 1980; M.A., Instructional Psychology, (Simon Fraser University) 1990; B.A.,
                                       Communication and Psychology (Chapman University, Orange, California) 1977.




    “Asia Pacific Program on Cross-Cultural and Comparative Research on
                             Dispute Resolution”
Collaborators/ Research Team: Pitman Potter, PI; Michelle LeBaron collaborator and Chair, Cross-cultural dispute
resolution team

Funding Source(s): SSHRC, Major collaborative research initiative


Research Problem: Investigates the comparative resolution of human rights and trade disputes in Japan, China and
Canada


Research Method: data collection via literature search, survey research and focus group interviews


Deliverables and projected completion dates: project runs from 2003-2008, with deliverables including books,
monographs and several collaborative conferences
                                          Bruce MacDougall
                                          B.A.(Hons.) (Acadia); B.A., B.C.L., M.A. (Oxon.); LL.B.(Dalhousie);
                                          Member of the BC Bar




Research Fields: law of obligations, secured transactions, sexuality law
Representative Publications:
•      Queer Judgments: Homosexuality, Expression and the Courts in Canada, Univ. Toronto Press, 2000

Current Research: “The Legally Queer Child”              - Examining the invisibility of the queer child in   legal issues, even those (such as
       school curriculum) where children are squarely implicated.


Service: Faculty Advisor of UBC Law Review; Law Representative on UBC Senior Appointments Committee
                                   June McCue
                                   B.A. (Hons) Carleton University, LL.B. University of Ottawa, LL.M. UBC




Research Fields: Indigenous Law and Theory, Decolonization, International, Critical Race Theory, Property
Representative Publications:
•     “Box of Treasures or Empty Box?” in Box of Treasures or Empty Box?: Twenty Years of Section 35 (Penticton:
      Theytus Books Ltd., 2003)
•     “The Duty to Consult and Accommodate: Our We Making Our Own Decisions?” (forthcoming)
•     “Indigenous Truthing: Reflections on the 2001 World Conference Against Racism” (forthcoming)
Current Research: Centre for International Indigenous Legal Studies “Community Legal Needs Assessment”; First
     Nations Culture Repatriation Project
Recent Graduate Supervisions/ Examination: Victoria Kingi (LL.M. candidate), Mark Stevenson (LL.M. candidate),
     Dalee Sambo Dorough (Ph.D.), Tuma Young (Ph.D. candidate), Joanna Roberts (LL.M. candidate), Lynda Crompton
     (LL.M. candidate)
Service: First Nations Law Committee, UBC (Chair); Centre for International Indigenous Legal Studies, UBC; Curriculum
      Committee, UBC; Equity Committee, UBC; Dean‟s Advisory Committee, UBC; Admissions Committee, UBC; First
      Nations House of Learning Advisory Council, UBC; UBC Indigenous Academic Caucus.
      EAGLE-Environmental-Aboriginal Guardianship through Law and Education, Chair
      Hereditary Chief Advisor to Nedo‟ats
                                                                       June McCue
                                              B.A. (Hons) Carleton University, LL.B. University of Ottawa, LL.M. UBC




“Center for International Indigenous Legal Studies: Community Legal Needs Assessment”
Collaborators/ Research Team (if any): June McCue, Principal Investigator, First Nations Legal Studies and CIILS staff, indigenous law
students, and Indigenous CLNA participants


Funding Source(s) (if applicable): Law Foundation of B.C., Legal Services Society of B.C., UBC Faculty of Law


Research Problem: Identify the legal needs of Indigenous Peoples in B.C. for the purpose of CIILS research and education program
development and First Nations Legal Studies curriculum development.


Research Method: Both quantitative and qualitative methods were used to identify legal needs of Indigenous Peoples. Specific methods
included focus groups and individual surveys. Indigenous Research Ethics were developed based on participant feedback to guide CIILS
in the reporting stages. Indigenous participants have joint copyright to the qualitative portions of the CLNA.


Deliverables and projected completion dates: CIILS and FNLS staff were able to identify legal needs at individual, organizational, and
nation levels for Indigenous Peoples throughout B.C. Dominant legal needs include: Aboriginal Family and Child Welfare, Criminal
Justice, Governance, Indigenous Law, Economic/Business Law, Residential School Litigation, Indigenous Rights, Conflict Resolution,
Land Claims and Treaty Negotiations.
Completion date: Summer 2004
                                           Judith Mosoff
                                           B.A. (University of Toronto); M.A. (Psychology) (York.); LL.M. (University of
                                           British Columbia




Research Fields: disability; human rights and equality,
Representative Publications:
•      “Disability and Performance Standards under the Ontario Human Rights Code” (2002) 1 (2), Journal of Law and Equality, pp.205-246
       (Co-author Isabel Grant); "Is the Human Rights Paradigm „Able‟ to Include Disability: Who‟s In? Who Wins? What? Why?" (2000) 26
       (1) Queens Law Journal pp. 225-276
•      “„Excessive Demand‟ on the Canadian Conscience: Disability, Family and Immigration” (1998-99) 26 (2) Manitoba Law Journal pp.1-
       35
•      "Motherhood, Madness and Law" (1995), 45 University of Toronto Law Journal, pp. 107-142. Reprinted in Women, Medicine, Ethics
       and the Law, Susan Sherwin and Barbara Parish (Eds) (Aldershot: Ashgate Publishing Ltd,. 2002)

Current Research:
•      Inclusive post secondary education for persons with developmental disabilities
•      The relationship of equality rights and “best interest test” as applied to children

Research Awards: 2001: Honorary Visiting Fellow, Department of Sociology and Social Policy, University of Leeds; 2000: UBC Killam
       Faculty Research Fellowship; 1998: Class of „68 Prize, “The Influence of the Charter and Human Rights Jurisprudence on the Lives of
       Canadians with Disabilities” (with Isabel Grant) ($5000)

Service: Pro bono advice to the Canadian Association for Community Living, the British Columbia Association for Community Living;
       Supervisor, Legal Advocate, Downtown Eastside Women‟s Centre; Chair, UBC Committee to Develop Academic Accommodation Policy
       for Students with Disabilities; Co Chair Litigation Committee of the Canadian Disability Rights Council.
                                   Judith Mosoff
                                   B.A. (University of Toronto); M.A. (Psychology) (York.); LL.M. (University of British
                                   Columbia




 Inclusive Post-Secondary Education for Persons with Developmental Disabilities



Research Problem:
This project investigates the legal, social and economic context of inclusive post secondary education in Canada. Underlying the
initiatives in inclusive post-secondary education are principles from two sources: first, changing ideas about the mandate of post-
secondary institutions and second, the philosophy of the community living movement. Universities are now committed to principles of
lifelong education and diversity in its population. The community living movement advocates that people with developmental disabilities
be valued members of all communities, including the most prestigious.


Research Method:
This project has two parts: a legal analysis and an empirical analysis. In order to determine the extent of any legal entitlement, the
project will analyze all relevant international instruments, constitutional provisions, statutory material and judicial decisions to assess the
right of persons with developmental disabilities to inclusive post-secondary education. At an empirical level the project will use three
case studies in Canada in Alberta, Prince Edward Island and British Columbia. This portion of the study will look at the evolution ,
implementation and outcomes of these initiatives.
                                                Richard Kyle Paisley
                                                B.Sc., M.Sc., J.D., LL.M. Director, Dr. Andrew R. Thompson Natural
                                                Resources Law Program, Faculty of Law UBC




Research Fields: national and international natural resources law including international water law, negotiations,
     environmental conflict resolution and international law of the sea
Representative Publications:
•       Cuauhtémoc León, Boris Graizbord, Richard Kyle Paisley, Eugene Bricklemyer and Juan J. del Toro. Transboundary Water Management: An Institutional
        Comparison between Canada, the United States and Mexico. Accepted for Publication, September 2003, Ocean and Coastal Law Journal (University of Maine
        School of Law)
•       Cuauhtémoc León, Boris Graizbord, Richard Kyle Paisley, Eugene Bricklemyer and Juan J. del Toro. Integrated Coastal Zone Management and Marine Protected
        Areas: A Legal and Institutional Comparison between Canada, the United States and Mexico. . Accepted for Publication, September 2003, Ocean and Coastal Law
        Journal (University of Maine School of Law
•       Paisley, Richard Kyle, Adversaries into Partners: International Water Law and Down Stream Benefits. 3 (2) Melbourne Journal of International Law 280 (2002).
•       Paisley, Richard Kyle, International Water Law and Down Stream Benefits, In Communities in SE Asia: Challenges and Responses. Lansdowne, Helen, Dearden,
        Philip, and William Neilson, Centre for Asia Pacific Initiatives, University of Victoria, 2002
•       Paisley, R.K., Conflict Resolution: Suits. In EOLSS (Encyclopedia of Life Sciences) UNESCO Project. UNESCO, Paris, France. (2002).

Current Research: Transboundary water agreements as capacity building measures to ensure international peace and security, Environmental Conflict Resolution
        and transboundary rivers, south south cooperation and learning. Recent Graduate Supervisions/ Examination: Kate Stoeckel (LL.M), Tim Morris(LL.M.), Glen
        Hearns (Ph.D.), Bernie Walrut (Ph.D.). Research Awards/ Honours: Rockefeller Foundation Award 1999, Government of Canada Silver Commendation Award,
        Department of Foreign Affairs and International Trade Award 2003

Service: Advisor to the Food and Agricultural Organization (FAO) of the United Nations in Rome, Italy; El Colegio de Mexico, in Mexico
        City, Mexico; the Global Environmental Facility (GEF) of the World Bank, the Brace Water Resources Management Institute at McGill
        University, in Montreal, Quebec; the Scientific Information Centre of the Interstate Commission for Water Coordination of Central Asia
        (ICWC) in Tashkent, Uzbekistan; the Canadian International Development Agency (CIDA); Fisheries and Oceans Canada (DFO), the
        Canadian Department of Foreign Affairs and International Trade (DFAIT), the Mekong River Commission Secretariat (MRCS) in Phnom
        Penh, Cambodia; and, the Water and Energy Commission Secretariat (WECS) in Kathmandu, Nepal.
                                Richard Kyle Paisley
                                B.Sc., M.Sc., J.D., LL.M. Director, Dr. Andrew R. Thompson Natural Resources
                                Law Program, Faculty of Law UBC




 Transboundary water agreements as capacity building measures to ensure international peace
       and security, Environmental Conflict Resolution and transboundary rivers including south south cooperation and learning


Collaborators/ Research Team (if any): TBD


Funding Source(s) (if applicable): DFAIT, CIDA, Environment Canada, GEF, MRCS, DART NRLP Endowment


Deliverables and projected completion dates: 2004 - 2006
Dennis Pavlich, Vice President, External and
Legal Affairs


B.A. (Witwatersrand) 1968; LL.B. (Witwatersrand) 1969; LL.M. (Yale)
1975
Dennis Pavlich was appointed Assistant Professor of the Faculty of
Law in 1975, Associate Professor in 1978 and Professor in 1984.
Born in Zimbabwe, Professor Pavlich also taught law at
Witwatersrand University in South Africa. His teaching and
research interests are in the area of Real Property where he has
written a book on Condominium Law. On two occasions, he has
won the Faculty of Law's Teaching Excellence Award. Professor
Pavlich has been active in University affairs. He has served as
President of the UBC Faculty Association, on the University Senate
as Vice-chair of the UBC Board of Governors
                                                    Pitman Potter

                                                    Director, Chinese Legal Studies; Professor
                                                    B.A. George Washington Univ. 1978; J.D. University of
                                                    Washington 1985; Ph.D. University of Washington 1986




Pitman B. Potter is Director of the Institute of Asian Research at the University of British Columbia. He is also Professor of Law and
Director of Chinese Legal Studies at UBC‟s Faculty of Law. Professor Potter received his BA in Chinese Studies (History) from George
Washington University in 1978. He received his MA (1980) and Ph.D. (with distinction, 1986) in Political Science, as well as his law degree
(JD, 1985) from the University of Washington. Prior to taking his appointment at UBC Law Faculty, Dr. Potter practised law full-time
during 1985-1990, including a three-year posting in Beijing. Dr. Potter‟s teaching and research are focused on PRC and Taiwan law and
policy in the areas of foreign trade and investment, dispute resolution, intellectual property, contracts, business regulation, and human rights.
Dr. Potter serves on the Editorial Boards of The China Quarterly, The Hong Kong Law Journal, China: An International Journal, and Pacific
Affairs (chair). He has published five books, including most recently From Leninist Discipline to Socialist Legalism: Peng Zhen on Law
and Political Authority in the PRC (Stanford, 2003), as well as numerous articles that have appeared in such journals as The China
Quarterly, Problems of Post-Communism, UCLA Pacific Basin Law Journal, the Canadian Journal of Law and Society and the Canadian
Business Law Journal. In addition to his academic activities, Professor Potter is involved in arbitration work, and continues to advise
governments and private companies on Chinese affairs. He is admitted to the practice of law in British Columbia, Washington and
 California, and serves as a consultant to the Canadian national law firm of Borden Ladner Gervais LLP. He is a member of the Board of
Directors of the Canada China Business Council and the Board of Trustees of the British Columbia International Commercial Arbitration Centre.
                                          W. Wesley Pue
                                          M.A. (Geog.) (Oxon.); B.A. (Juris.) (Oxon.); LL.M. (Alta.); Ph.D. (York/
                                          Osgoode). Nemetz Chair in Legal History; Associate Dean, Graduate Studies
                                          & Research


Research Fields: Legal History; law & colonialism; law & society; legal profession/ education; constitutionalism & rule of law.
Representative Publications:
•      “War on Terror: Constitutional Governance in a State of Permanent Warfare” (2003) 41 Osgoode Hall Law Journal, 267-292; Pepper in
       our eyes. The APEC Affair (Vancouver: UBC Press, 2000).; Natural Justice in Canada (Vancouver: Butterworths, 1981)
•      Lawyers and Vampires: Cultural Histories of Legal Professions (Oxford: Hart Publishing, 2003) Editor (with David Sugarman); Law
       School: The Story of Legal Education in British Columbia [Vancouver: Continuing Legal Education Society of BC & Faculty of Law,
       UBC, 1995]; Canada's Legal Inheritances (Winnipeg: Legal Research Institute, U. Manitoba, 2001) Editor (with D. Guth)
•      Postcolonial Legal Studies (symposium issue of the Law, Social Justice & Global Development, April, 2003), Editor.

Current Research: Transformation in the 19th Century English Bar; Challenging Nation (with Dr. Catherine Dauvergne); Editor, UBC Press
       Law & Society Series

Recent Graduate Supervisions/ Examination: service on 1 M.A., 7 LL.M. and 13 Ph.D. committees since 2000
Research Awards/ Honours: 2003 Killam Teaching Prize (graduate teaching); 2002 / 2003 Association of Commonwealth Universities,
       Gordon & Jean Southam Fellowship; 2002 Laskin Professor in Public Law, Osgoode Hall Law School; 2000 "Inns of Court Fellowship",
       Inst. Advanced Legal Studies, U. London & Inner Temple; 1999 "Distinguished Visiting Scholar", History, Law & British Studies, U.
       Adelaide; 1998 UBC Killam Faculty Research Fellowship; 1996 "Faculty of Social Sciences Distinguished Visiting Scholar" La Trobe U.;
       1992 U. Manitoba "Rh Award for Outstanding Contributions to Scholarship and Research in the Interdisciplinary category“; 1986 Carleton
       U. Scholarly Achievement Award

Service: Chair, UBC Law & Society Series; CRC College of Reviewers; Parliamentary Testimony: February 19, 2003 (Stndng Comm on
       Citizenship & Immigration - re: proposal of a National identity card and re: clauses 21, 22 of Bill C-18, Citizenship of Canada Act);
       November 6, 2001 , Commons Stndng Commee on Foreign Affairs & Internat‟l Trade (re: Bill C35, Act to Amend Foreign Missions &
       Internat‟l Organizations Act)
                                                                            W. Wesley Pue

                                          M.A. (Geog.) (Oxon.); B.A. (Juris.) (Oxon.); LL.M. (Alta.); Ph.D. (York/ Osgoode). Nemetz
                                                    Chair in Legal History; Associate Dean, Graduate Studies & Research




                                                     “Challenging Nation”
Research Team: Dr. Catherine Dauvergne (project co-manager) and an international team of researchers including Dr. A. Ray,
Professor Jeremy Webber, Professor Margeret Thornton, Dr. Ruth Buchanan, Sundhya Pahuja, Dr. Marilyn Lake; Professor Peter Fitzpatrick,
Alex Reilly, Professor Anna Yeatman

Funding Source: St. John‟s College, UBC
Research Problem: This project focuses on the role of the `nation‟ as symbol, construct, event and actor, drawing on historical
insights and postcolonial perspectives as well as focusing on urgent contemporary issues. Though the idea of nation, central to the concept of
law, has suffused the history of “the west” and its colonies for four hundred years, it is at once deeply political, raced, gendered and spaced.
Nation is at once as a positive, encompassing symbol of solidarity transcending the fractiousness of smaller groups, but also as a force for
exclusion, xenophobia, and aggression. Contemporary challenges to nation arise on many fronts. In the age of “globalization” it stands
simultaneously for parochialism and for “locality”.

Research Method: This collaborative project draws on international experts in the fields of law, Australian Studies, Canadian
Studies, and law and society”. Invited contributors have developed insights on this “problematique” from a number of disciplinary and
country perspectives, directed toward production of a thematically integrated publication under the editorship of the project co-managers.

Deliverables:
• 2003-04 lecture series, St. John‟s College (with Australian Studies & Law & Society)
(http://www.law.ubc.ca/events/2003/Challenging_Nation_Lecture_Series.html).
•The International Journal Law Text Culture will publish a symposium issue under the guest editorship of Dr. Dauvergne and Dr. Pue during
2004.
                                D. Peter Ramsay Q.C.
                                B.Comm (UBC); LL.B. (UBC); LL.M (UBC); Queen‟s Counsel 1999; Member of
                                Bar (BC) 1970.




Research Fields: Succession, Professional Responsibility, Property and Trusts.
Representative Publications:
•    “Towards a New Wills Variation Act” (Masters Thesis, May 1997)
•    Continuing Legal Education Society of British Columbia, “The Post Tataryn Era July 1994 to February
     1998”
Current Research: Succession Law Reform Project
Service: British Columbia Law Institute; Law Society of British Columbia (Special Compensation Fund
     Committee); Faculty of Law Curriculum Committee.
                                                                      D. Peter Ramsay Q.C.
                                                            B.Comm (UBC); LL.B. (UBC); LL.M (UBC); Queen‟s
                                                                 Counsel 1999; Member of Bar (BC) 1970.



           “Succession Law Reform Project – British Columbia Law Institute”
Collaborators/ Research Team (if any): Keith Farquhar, A.J. McClean, Q.C., Mary Hamilton, Gordon MacRae, Mark Horne
Funding Source: Ministry of the Attorney General
Research Problem: The principal objectives of the Succession Law Reform Project are: 1) Identification of enactments relating to the law
of succession that are appropriate for consolidation; 2) Redrafting of archaically worded or obscure provisions into modern statutory
language; 3) Development of practical solutions for the administration of small estates; 4) Implementing the past recommendations of the
former Law Reform Commission where these remain appropriate and effective solutions for current problems in succession law; 5)
Identification of additional deficiencies in statute law or case law pertaining to aspects of the law of succession that require remedial action,
and formulation of recommendations for reform; 6) Drafting a comprehensive succession law statute containing the consolidated
enactments and provisions needed to implement the recommended reforms.
Research Method: The project will be carried out primarily by a volunteer Project Committee of 6 members with expertise in wills and
estate administration, estate planning, taxation, and estate litigation. The Project Committee is chaired by Peter Ramsay, a member of the BCLI Board of
Directors. Examination of discrete areas of succession law will be delegated to subcommittees which will report their conclusions to the main Project Committee.
Project Committee members will chair or serve on subcommittees, but the membership of subcommittees will be supplemented by other volunteers. Some non-legal
expertise will be required. The Project Committee and its subcommittees will be assisted by one member of BCLI‟s full-time legal staff, a student assistant, and if
necessary by other members of the BCLI legal staff. BCLI‟s library, communications and clerical resources will be available as needed.
The Project Committee will develop its own consultation process. Consultation documents containing tentative recommendations and the rationale for them will be
prepared by BCLI under direction of the Project Committee and circulated to concerned sectors for comment. They will also be made accessible to the general
community on the Internet and through BCLI‟s usual distribution channels.

Deliverables and projected completion dates: A comprehensive succession law reform statute bringing together provisions of the Wills
Act, Estate Administration Act, Wills Variation Act, Perpetuity Act, Survivorship and Presumption of Death Act, Probate Fee Act, Probate
Recognition Act, Escheat Act, and other enactments primarily concerned with succession on death that are found to be suitable for
consolidation. May 2006.
                                    Annie Rochette
                                    LL.M. (UBC, 1998), LL.B. (McGill, 1994), B.C.L. (McGill 1994)



Research Fields: international environmental law & gender, feminism & international law, sustainable development, legal
     education.
Representative Publications:
•     “Stop the Rape of the World: An Ecofeminist Critique of Sustainable Development”, (Fall 2002) 51 U.N.B. Law
      Journal 145(special issue Environmental Forum).
•     "'Back to Basics'? University Legal Education and 21 st Century Professionalism", co-authored with Dr. Wes Pue;
      (2001) 20 Windsor Yearbook of Access to Justice 167-190.
•     “ Nature, Women and International Law: What do Women‟s Rights have to do with Environmental Protection?”, work
      in progress, Doris Buss and Ambreena Manji eds, Feminist Perspectives on International Law, publication
      forthcoming, 2004.
Recent Graduate Supervisions/ Examination: 2 graduate students since 2001 related to the application of the
     precautionary principle (one on taxation and the other on the management of dangerous chemicals).
Current Research: feminist perspectives on international environmental law; the use of learning portfolios in legal
     education.
Service: Supervising pro-bono work by students for NGOs, both community and environmental; Problem-based Learning
      network; Peer teaching network; Faculty-level instructional support network; Steering committee, Centre for Feminist
      Legal Studies
                                           Janis Sarra


                                           Associate Professor and Assistant Dean, Development
                                           B.A., M.A., LL.B., LL.M., S.J.D. (Toronto)




Dr. Sarra teaches corporate law, contract law and insolvency law as Assistant Professor at the Faculty of Law, University of British Columbia.
        She is also a commercial and labour arbitrator in Ontario. She received her LL.B., LL.M. and S.J.D. at the Faculty of Law, University of
        Toronto, and a B.A. and M.A. in political economy, also from University of Toronto.
Professor Sarra is called to the Bar in Ontario and teaches the business law section of the Ontario Bar Admission Course. She has also guest
       lectured for the Osgoode Hall Law School LL.M. program in Capital Markets and Securities Law, and is a guest lecturer at the National
       Judicial Institute in corporate and contract law.
She is former Vice-Chair of the Ontario Pay Equity Hearings Tribunal, Vice-Chair of the Ontario Social Assistance Review Board and Board
        Member of the Ontario Labour Relations Board. Professor Sarra has also taught advanced corporate law for the Faculty of Law,
        University of Toronto and was an adjunct faculty member of the Ryerson University Faculty of Business.
She is author of Restructuring Insolvent Corporations, Creditor Rights and the Public Interest ( University of Toronto Press, 2002); co-
        author of Director and Officer Liability in Corporate Insolvency (Butterworths 2001); and editor and contributing author of
        Corporate Governance in Global Capital Markets (UBC Press, 2003) and writes extensively in the areas of corporate law and
        commercial insolvency law.
She is a member of the Canadian Law and Economics Association, The Insolvency Institute of Canada and the European Corporate Governance
        Institute, and is currently an Outside Director of the Canadian Association of Insolvency and Restructuring Professionals.
                               Mira T. Sundara Rajan
                               BA Hons (McGill/Paris), LLB (Osgoode), LLM (UBC), DPhil (Oxon)




Research Fields: Intellectual Property, Cultural Property, International Trade, European & East European Law,
     Legal History
Representative Publications:
“Copyright and Free Speech in Transition: A New International Perspective,” in J Griffiths & U
     Suthersanen,, eds, Copyright and Free Speech: Comparative and International Analyses (Oxford
     University Press, forthcoming January 2005).
“Moral Rights in Information Technology: A New Kind of „Personal Right‟?” (Spring 2004) International
    Journal of Law & Information Technology 32.
“Moral Rights in Developing Countries: The Example of India” (2003) 8(5) & (6) Journal of Intellectual
    Property Rights, National Institute of Science, Communication and Information Resources, Council
    for Scientific and Industrial Research, Government of India .
“The Past and Future of Privacy in Russia” (2002) 28 Review of Central and East European Law 625 .
Current Research: Intellectual Property and Human Rights, Copyright and Freedom of Expression, Problems of
     International Copyright Reform
                                     Sharon Sutherland
                                     LL.M. (Osgoode); LL.B. (UBC); M.A.(Theatre) (London); B.A. (UBC)




Research Fields: Dispute Resolution, Mediation, Clinical Teaching, Online Dispute Resolution, Law and Literature
Representative Publications:
      •     “Piercing the Corporate Veil – With a Stake? Vampire Imagery in Law,” chapter in Vampires: Myths and Metaphors of
            Enduring Evil, M. Barker and P. Day, eds., forthcoming Rodopi Publishers, March 2004.

      •     BC Mediation Directory 2002/3, (Vancouver: True North Publications Inc., 2002), editor and primary author.

      •     Hamlet v. Gertrude: A Dispute Resolution in Three Acts. Dir. Paul Norman. 2002. 54 mins. (Script workshopped with
            Peter Eastwood and Mark Meredith).

Current Research: The Development of Family Mediation in BC – Research funded by the Law for the Future Fund;
     Lawyers’ Participation in Small Claims Mediation – Research funded by SSHRCC CURA grant.
Service: President, CoRe Conflict Resolution Society; Mentor on CoRe‟s pro bono mediations; Secretary, BC Dispute
      Resolution Practicum Society; UBC Representative on Online Learning for Lawyers and Law Students Consortium
      and WebTech Exchange Group.
                                  Sharon Sutherland
                                  LL.M. (Osgoode); LL.B. (UBC); M.A.(Theatre) (London); B.A. (UBC)




                  Lawyers’ Participation in Small Claims Mediation
Joint Management Committee: BC Dispute Resolution Practicum Society Board; Dispute Resolution Office of the Ministry of Attorney
General; Office of the Chief Judge, Provincial Court of BC.
Research Assistants: Jitesh Mistry, Angela Rinaldis, Scott Urquhart and Angélique Poutissou.
Funding Source: Social Sciences and Humanities Research Council of Canada Community-University Research Alliance grant.
Research Problem: Court-based mediations raise a variety of issues for lawyers related to the nature of agreements reached. In
mandatory Small Claims Court mediations, these concerns are heightened by several factors, including a potential imbalance between
represented and unrepresented parties, lack of legal advice regarding claims, and lack of legal information regarding alternative
processes. Quantitative data from the BC Small Claims mediation program suggests that settlements may be less likely when lawyers
attend mediation. Does this suggest that unrepresented parties are entering into improvident bargains? Or are lawyers hindering
settlement through a focus on legal rights over their client‟s non-legal interests? Or is there another explanation altogether? This project
seeks input from all participants in Small Claims mediations in order to examine the role that lawyers play and to explore opportunities to
improve the way that mandatory mediation is delivered.
Research Method: Preliminary context report based on interviews with Program staff and Board members; Quantitative analysis of
approximately 5000 mediation files; review of contemporaneous party questionnaires and post-mediation follow-up questionnaires;
mediator interviews and contemporaneous mediator feedback through questionnaires; in-person interviews with lawyers participating in
Small Claims mediations over a two year period; analysis of all data; feedback from Joint Management Committee members and others
with expertise in mediations; final report production.
Deliverables and projected completion dates: Preliminary findings have been presented at a number of academic and professional
conferences. Final Report completion anticipated fall 2004.
                                     Joseph Weiler
                                     BA (Hons.) (U. of Toronto); LLB (Osgoode Hall Law School); LLM
                                     (U. of California at Berkeley).




Research Fields: Sports law, media and entertainment law, internet law, labour law
Recent Graduate Supervisions/ Examination: copyright law, securities regulation in digital
    universe
Service: Chairman of Board, Key Meet Centre for Performing Arts, West Vancouver.
Current Research: “The Law of the Olympic Games”
Research Method: published and unpublished material, interviews Sydney Games Organizers
    (SOGOC), interviews 2010 Games Bid Corporation, 2010 Games Host Committee
    (VOCOG)
Deliverables and projected completion dates: 2006, completed manuscript.
                                                               Steve Wexler
                                                               B.A. (Columbia), LL.B. (NYU), LL.M. (NYU)



                                                               Research Fields: Legal Philosophy, particularly Aristotle

•     The Political Question Doctrine: A Decision Not to Decide, ETHICS, October 1968

•     Practicing Law for Poor People, YALE LAW JOURNAL, May 1970
             Reprinted: (in addition to reproduction for use in courses in Canadian and USA law faculties); NEW YORK LAW JOURNAL, December 1970; Black ed.,
                     Radical Lawyers (New York, 1971); OBITER DICTA, December 1971; Center for Social Welfare Poverty and Law, Materials on Welfare Law
                     1972; Katz, Experimentation on Human Beings, 1973; Hetu and Marx, Droit et pauvrete au Quebec: Documents notes et problems, 1974;
                     Goldberg, Berney, Carroll and Dooley, Legal Problems of the Poor: Cases and Materials, 1974; Shaffer, T.L., American Legal Ethics, (1983);
                     Sharpe, Watson, Hutchinson & Bogart, eds. Canadian Civil Procedure, (Toronto, 1988); Shaffer & Cochran, Lawyers, Clients and Moral
                     Responsibility, 1994

•     The Intersection of Law and Morals, CANADIAN BAR REVIEW, June 1976

•     Burden of Proof and Cause of Action, McGILL LAW JOURNAL, June 1984 (with Jack Effron)

•     Moral Confusions in Positivism, Utilitarianism and Liberalism, AMERICAN JOURNAL OF JURISPRUDENCE, Sept. 1985

•     Burden of Proof , Writ Large, UBC LAW REVIEW, Fall, 1999


Current Research: “Aristotle on Law”


Service: UBC graduation marshal, Little League Umpire
                                          Claire F.L. Young
                                          LL.B. (LSE), LL.M. (UBC)




Research Fields: tax law and policy, sexuality and the law, pensions
Representative Publications:
•      Women, Tax and Social Programs: The Gendered Impact of Funding Social Programs Through the Tax System (Status of Women,
       Canada, Ottawa: 2000)
•      What’s Sex Got To Do With It? Tax and the Family, Law Commission of Canada (Ottawa, 2000)
•      “Taxing Times for Women: Feminism Confronts Tax Policy”, The Sydney Law Review 21 (1999) 487-500

Current Research: My research in the tax area takes a critical approach to tax policy issues and using tax expenditure analysis as a
       theoretical framework considers issues such as the problems that arise when the tax system is used to deliver social programs through the
       use of tax expenditures. I also do research on sexuality issues and have written on a variety of issues concerning the legal recognition of
       same-sex relationships.

Recent Graduate Supervisions/ Examination: numerous supervisions of LLM students ( primarily in tax law and policy) and also an
       interdisciplinary PHD student.

Research Awards/ Honours: 2003 Therese Casgrain Fellowship ($40,000) in recognition of work on women and economic issues.
Service: Associate Dean, Academic Affairs; mmbr London-based Joint Commnwlth Secretariat & Int‟l Development Res. Centre (IRDC)
       team working on The Gender Responsive Budget Project; consultant to the OECD on tax policy issues.
                                              Claire F.L Young
                                              LL.B. (LSE), LL.M. (UBC)




   Taxing Times: The Impact of Changing Canadian Tax Policies on
                              Women
Funding Source(s): Therese Casgrain Foundation (administered by SSHRC)


Research Problem: The purpose of this project is to consider the impact of changing tax policies on women. In particular I plan to
consider the increasing trend towards funding social programs through the tax system and its impact on women. I use tax subsidies for
retirement savings (RPPs and RRSPs) as my case study and will demonstrate how women‟s access to these subsidies is limited in
comparison to that of men for a variety of reasons. My theoretical framework is tax expenditure analysis and I examine the tax
preferences for retirement savings through that lens. A fundamental question underlying this project is whether the tax system can ever be
an effective and fair tool by which to deliver social programs.




Deliverables and projected completion dates: This research will result in a series of articles and December 31, 2004 is the anticipated
completion date.
                                    Margot Young
                                    B.A. UBC 1983; LL.B. Toronto 1986; M.A. Toronto 1987; M.A. Berkeley 1991



Professor Young began her teaching career at the Faculty of Law, University of Victoria in 1992, working in the fields of
      feminist legal theory and reproductive technologies. Her focus quickly shifted to the areas of constitutional law, in
      particular, equality law and theory and social welfare law. She has continued to teach and research widely in these
      areas. Professor Young is very involved in work with a number of non-governmental groups working on issues of
      women's economic equality and justice. She has authored alternative reports for the National Association of Women
      and the Law for the last two of Canada's periodic reviews under the United Nations ICESCR and ICCPR. Recently
      she co-authored and presented to the United Nations CEDAW Committee in New York NGO reports on Canada's and
      British Columbia's failure to comply with obligations under the Women's Convention.
Research Interests
•     Equality law and theory
•     Social and Economic Rights
•     Comparative Constitutional Law
•     Social Welfare Law
•     Canadian Social Union
                                                                            Some Faculty Members
                                                                                               &
                                                                            their research interests




Bill Black: Human Rights; the Charter of Rights and Freedoms (particularly equality rights)
Mary Anne Bobinski, Dean: Health Law; Bioethics; HIV Law & Policy; Reproductive Law & Policy;Comparative Health Law
Robert Diebolt: Commercial Law; Personal Property Security Law; Constitutional Law; Contract Law; Alternate Dispute Resolution
Elizabeth Edinger: Constitutional Law; Conflicts (Private International Law); Creditor-Debtor Law
Keith Farquhar: Family Law; Matrimonial Property; Trusts and Estates; Private International Law
Michael Jackson : Criminal Law (Sentencing); Native Rights
June McCue: Treaty-making, international law, Indigenous Legal Theory, Comparative Indigenous Law, Critical Race Theory,
        Peacemaking
Karin Mickelson: International Environmental Law; International Law; Environmental Law
Robert Paterson: Corporations; Securities Regulation; International Trade and Investment; International Commerical Arbitration; Cultural
        Property and Law
Stephan Salzberg: Medical, Health and Mental Health Law (Canadian and Comparative); Japanese Law
Anthony Sheppard: Evidence; Creditors Remedies; Equity Law; Taxation Law
Ian Townsend-Gault: International Law; Marine Resources Law; Environmental Law; Law of the Sea; Asian Legal Systems
Joseph Weiler: Labour Law; Conflict Resolution
Matthew Westphal: Tort Law,Constitutional Law
                            Some New Books

Private International Law in Common Law
    Canada: Cases, Text, and Materials
    Nicholas Rafferty, general editor
    Joost Blom and Elizabeth Edinger, contributors
    Toronto: Emond Montgomery Publications, 2003

Jurisprudence for an Interconnected Globe
     Catherine Dauvergne
     Aldershot; Burlington, VT: Ashgate Publishing,
     2003

Bridging Cultural Conflicts : a New Approach for
    a Changing World
    Michelle LeBaron
    San Francisco, California: Jossey-Bass, 2003

From Leninist Discipline to Socialist Legalism:
    Peng Zhen on Law and Political Authority in
    the PRC
    Pitman B. Potter
    Stanford, California: Stanford University Press,
    2003
Corporate Governance in Global Capital Markets
    Janis Sarra, ed.
     Vancouver: UBC Press, 2003

Child Custody, Law, and Women's Work
    Susan B. Boyd
     Don Mills, Ontario: Oxford University Press Canada,
     2002



Justice Behind the Walls: Human Rights in Canadian
     Prisons
     Michael Jackson
     Vancouver: Douglas & McIntyre, 2002



The Dynamics of Judicial Proof: Computation, Logic,
    and Common Sense
    Marilyn MacCrimmon and Peter Tillers, eds.
    New York: Physica-Verlag, 2002

Lawyers and Vampires: Cultural Histories of Legal
    Professions
    W. Wesley Pue, ed.
    Oxford: Hart Publishing, 2002

Fish, Law, and Colonialism: the Legal Capture of
     Salmon in British Columbia
     Douglas C. Harris
     Toronto: University of Toronto Press, 2001
The Condominium Manual: a Comprehensive Guide to
    the Strata Property Act
   Mike Mangan
    Vancouver: British Columbia Real Estate Association,
    2001



The Chinese Legal System: Globalization and Local
    Legal Culture
   Pitman B. Potter
    New York: Routledge, 2001

Director and Officer Liability in Corporate Insolvency:
     a Comprehensive Guide to Rights and
     Obligations
    Janis P. Sarra and Ronald B. Davis
     Markham, Ontario: Butterworths, 2002



Pepper in Our Eyes: the APEC Affair
   W. Wesley Pue, ed.
    Vancouver: UBC Press, 2000
          Graduate Legal Education@UBC –
                                      Educating the World’s Outstanding Scholars
     UBC Graduate Program in Law Alumni (under development at http://beta.law.ubc.ca/alumni/profiles/graduate_program_alumni/index.html )

Dr. Obijiofor Aginam teaches law at Carleton University
Roy Baker is Project Director, National Defamation Research Project, Communications Law Centre, University of New South Wales
Barry Barton is Professor of Law at the University of Waikato
Dr. Ljiljana Biukovic teaches law at the University of British Columbia.
Dr. Michael Crommelin is Zelman Cowen Professor of Law at the University of Melbourne.
Jaye Ellis teaches in the Faculty of Law at McGill University.
Chinedu Ezetah is an Associate in the Capital Markets Department of Cadwalader, Wickersham & Taft LLP, a New York Law firm. I specialize in providing legal and
       structuring advice to financial institutions regarding a variety of structured finance products.
Douglas Harris teaches law at the University of British Columbia.
Sonia Harris-Short is lecturer in law at Durham University where she is a member of the Human Rights Centre.
Lin Huawei (LL.M. 1997) practices in the areas of foreign direct investment and international financing in relation to the People's Republic of China with the Paul Hastings
       firm.
Jacqueline Jago graduated from UBC's LLM program in 1998. Since then she has worked mainly in social policy (specialising in Indigenous and multicultural affairs), with a
       lot of time off for travel and other business. She completed a graduate certificate in gender and migration at the International Women's University in Hanover
       Germany in 2000, was called to the bar in March 2001, spent three months in Burma in 2002 and is presently the Equity and Diversity Specialist at Brisbane City
       Council (Australia).
Philip Joseph teaches in the Faculty of Law, University of Canterbury, New Zealand.
Geoffrey Leane teaches in the Faculty of Law, University of Canterbury, New Zealand.
Jingrong Liu practices with the Wen Wu law firm in Beijing.
Louis Marquis is Professor of Law at Université de Sherbrooke
June McCue teaches law at the University of British Columbia.
Jenni Millbank is a Senior Lecturer at the University of Sydney Faculty of Law.
Catherine Morris, LLM (2001), is a lawyer and conflict resolution consultant in Victoria.
Judith Mosoff teaches law at the University of British Columbia.
Dr. Chidi Oguamanam, was awarded his Ph.D. in law following completion of a thesis entitled "International Law, Plant Biodiversity and the Protection of Indigenous
       Knowledge: An Examination of Intellectual Property Rights in Relation to Traditional Medicine". Dr. Oguamanam is currently on a Canadian Institutes of Health
       Research (CIHR) postdoctoral program at Dalhousie University.
Dr. Obiora Okafor teaches at Osgoode Hall Law School
Sundhya Pahuja teaches at the Faculty of Law, University of Melbourne.
Karen Pearlston teaches law at University of New Brunswick
Peter Ramsay teaches law at the University of British Columbia.
Sara Ramshaw teaches law while pursuing doctoral studies at the University of London
Alex Reilly is Senior Lecturer in Law at Mcquarie University
Annie Rochette teaches law at the University of British Columbia.
Meherea San Roque teaches law at the University of New South Wales
Naomi Sidebotham is Senior Lecturer in Law at Murdoch University, Perth, Western Australia.
Mary Anne Waldron is Professor of Law at the Univeristy of Victoria and Vice President for Legal Affairs
Gil Yaron is the Director of Research, Law and Policy for the Shareholder
       Association for Research and Education in Vancouver.
Claire Young is an associate dean at the University of British Columbia.

				
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