Faculty Research Update - Spring 2019

In 2018, Professor Reem Bahdi worked on the Anti-Arab Racism and Islamophobia Project which focuses on law’s response to discrimination experienced by Arabs and Muslims in Canada. The project includes both quantitative and qualitative components. Her paper, “Arabs, Muslims, Human Rights, Access to Justice and Institutional Trustworthiness: Insights from Thirteen Legal Narratives” appeared in volume 96 of The Canadian Bar Review. "Narrating Dignity: Islamophobia, Racial Profiling, and National Security Before the Supreme Court of Canada" appeared in 55.2 (2018) of the Osgoode Hall Law Journal 55.2 (2018) at pp. 557-591. A version of this paper was presented at Berkeley’s annual Islamophobia conference in April. “What Is Islamophobia?” co-authored with Azeezah Kanji, appeared at pages 324-363, volume 69 of The New Brunswick Law Journal’s “Rights in Times of Challenge” issue. “All Arabs Are Liars: Human Rights Literacy in Arab/Muslim Stereotypes” (41 manuscript pages) is currently under review. Under the auspices of this project, Dr. Suzanne McMurphy and Professor Bahdi developed a detailed survey to better understand the state of access to justice for Arab communities in Ontario. They distributed the survey across the province with support from The Law Foundation of Ontario, a consortium of community organizations led by The Arab Canadian Lawyers Association, and a team of dedicated University of Windsor students. And Professor Bahdi progressed further into a quantitative and qualitative analysis of all human rights decisions involving Arabs and Muslims from across Canada.

Working with an interdisciplinary team from law, geography and political science, Professor Bahdi helped organize the inaugural meeting of the Canada-Palestine Research Network at the University of Ottawa. The event will bring together over 30 researchers representing 7 disciplines and we hope will result in several publications as well as a standing research network. In October, she travelled to Birzeit to present a paper entitled “Dimensions of Dignity in The Universal Declaration of Human Rights”; the paper was submitted for translation into Arabic and will appear in the conference proceedings. Another paper entitled “Mastery and Gratitude” analyzes the role of international development projects in Palestinian judicial reform efforts. Versions presented at Windsor Law’s Decolonizing Law conference and The International Law and Society Association annual meeting and the published version was submitted for review. In June, Professor Bahdi presented a paper about Palestinian judicial reform, institutional trustworthiness and the pre-conditions of transitional justice at Western University’s Center for Transitional Justice and Reconciliation. 

The Music, Empathy and the Law Project aims to develop teaching tools and methods for discussing the role of empathy in law and law schools.  Supported by the Royal of Society of Canada’s College of New Scholars, Artists and Scientists, this project includes colleagues from The University of Manitoba’s Desautels Faculty of Music, The Don Wright Faculty of Music at Western, and The Fountain School of the Performing Arts at Dalhousie.  The performance was workshopped in Halifax in November. Professor Bahdi received the Outstanding Faculty Research Award in Category C: Established Scholars/Researchers. This award is the University of Windsor’s highest form of internal recognition for Excellence in Scholarship, Research and Creative Activity.

In the summer of 2018, Professors Pascale Chapdelaine and Myra Tawfik gathered intellectual property scholars across the country leading to the drafting and submission of a brief in the fall of 2018 to the Standing Committee of Industry, Science and Technology as part of the ongoing statutory review of the Copyright Act. The brief was co-signed by 11 scholars and contains several recommendations guided by principles that calibrate the rights of owners, users and the public interest and that urge Parliament to steer clear from copyright exceptionalism — that is, that copyright should a priori comply with fundamental rights and general underlying bodies of Canadian private and public law. The recommendations include initiating a long overdue process of consultation with Indigenous peoples for the adequate protection of traditional cultural expressions, strengthening the rights of users of copyright works as an integral part of the copyright system, opening access to publicly funded scientific publications, and addressing the effects of disruptive technologies such as works created by AI, and text and data mining processes. The professors appeared as witnesses before the Standing Committee of Industry, Science and Technology in December 2018. One of the MPs sitting on the Standing Committee welcomed recommendations grounded in basic principles and enlightened by a historic perspective on Canadian copyright law. Chapdelaine and Tawfik summarized the key recommendations of the brief in an OP ED “Five critical components of a balanced, modern Canadian copyright system” (Globe and Mail, December 5, 2018).

The Windsor Yearbook of Access to Justice published a Special Section of selected papers from the International Symposium on Copyright User Rights and Access to Justice organized by Professor Chapdelaine and hosted by Windsor Law LTEC Lab in May 2017. Professor Chapdelaine introduced the selected pieces which addressed user rights from a human rights perspective, applied public choice theory and rules mutable game to Canadian copyright reform, and presented parody of a copyright work as a natural user right. Her article “Copyright User Rights and Remedies: an Access to Justice Perspective” was published in June 2018, in a special issue of LAWS titled, “Intellectual Property Law in the New Technological Age: Rising to the Challenge of Change?”. The article queries the value of looking at the remedies users may have against copyright holders restricting their legitimate uses of works, as a means to further elucidate the nature and scope of user rights. It argues that while there is some value in looking at remedies to situate copyright user rights, an access to justice perspective to rights and remedies suggests that such approach may be too limiting as it concerns potential claimants in a legal system.

In 2018, Professor William Conklin published his article “Legal Time,” in the Canadian Journal of Law and Jurisprudence, (2018) 31:2 Can JL & Jur 281. This article re-considers how legal knowledge has presupposed and presupposes a sense of time as structured with a beginning. Such a sense of structured time is of two forms. The one form has focused upon a critical date for the beginning of legal time. The critical date is exemplified by a basic text, such as ‘the Constitution’, or the judicially identified date of settlement, sovereignty or territorial control of a territory by a state. The second form of structured time has begun with the judicial recognition of value. The rule of law, the protection of minorities, equal treatment, or due process of law exemplify such values as a starting-point to legal skills. With the two forms of structured time, jurists have proceeded to claim that a rule, principle or other intellectualized standard is binding upon lawyers and non-lawyers. Once structured legal time has thus begun, events of legal relevance have been re-presented by jurists in a distinct phase or structure of time. Each such a distinct period is parsed by expert knowers by reference to its named or labelled starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification, skills and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside (not outside) structured time, is experienced. Collective memories and the experiential body are important in the experienced time. Experienced time manifests a discrete incident. The expert know can only re-present the event in the present. It is this experienced time, forgotten in the past, that opens to a condition of the possibility of the existence of law.

Professor Conklin's article “Derrida’s Kafka and the Imagined Boundary of Legal Knowledge” is forthcoming. The article challenges how such a viewpoint presumes a limit or boundary to the law and how the rules, principles, skills and analytic method about law are legitimate by virtue of the boundary. He has another forthcoming article "Constitutionalism and Silent Nomadic Communities.” The article examines the three forms of nomadism, the legacy of the exclusion of Nomadic peoples in legal thought, and the problematic protection of Nomadic communities with respect to four international and constitutional law arguments. 

Professor Jeffery Hewitt received a Social Sciences and Humanities Research Council (SSHRC) Insight grant, along with collaborators Dr. Catherine Kwantes and Russell Nahdee, for their research project, "Indigenous Workways: Cultural Safety, Cultures of Trust and Psychologically Safe Work Places." The project is expected to run from 2018 to 2021.

In 2018 Professor Emerita Maureen Irish received the Sydney Picker, Jr. Award from the Canada-United States Law Institute. The award is for leadership, efforts to foster Canada-United States relations and contributions to the work of CUSLI. Her remarks on receipt of the award are published as “States and Borders” (2018) 42 Canada-United States Law Journal 181-83. Professor Emerita Irish also published an article on the Comeau case before the Supreme Court of Canada, dealing with the nature of the internal market in Canada. The paper, Of Trade and Beer: NAFTA, the Comeau Case and Regulatory Cooperation, discusses trade law relating to regulatory cooperation in NAFTA, the European Union, the Canadian Free Trade Agreement and other recent Canadian international initiatives. It examines the ways in which these treaties and other arrangements respond to regulatory differences and how they attempt to balance territorial control with the practical need to cooperate. The article was originally presented as the CUSLI Annual Distinguished Lecture on October 2, 2017. A chapter was also published entitled “The Federal Courts of Canada” in The Legitimacy of International Trade Courts and Tribunals, Robert Howse et al., eds., Cambridge University Press, 2018, 202-26. The chapter discusses decisions of the Federal Courts of Canada on customs tariff and international economic law that illustrate approaches to issues of deference in the context of Canadian administrative law and also in the relationship between domestic courts and public international law. The edited collection is part of a project organized by the Department of Public and International Law at the University of Oslo, Norway.

In 2018, Professor Beverley Jacobs published her chapter “Honouring Women” in Kim Anderson, Maria Campbell and Christi Belcourt (eds) Keetsahnak, Our Missing and Murdered Indigenous Sisters (Edmonton:  University of Alberta Press) 15-34. Professor Jacobs also published her chapter "Decolonizing the Violence Against Indigenous Women” in Peter McFarlane and Nicole Schabus (eds.) Whose Land Is It Anyway? A Manual for Decolonization (Vancouver:  Federation of Post-Secondary Educators of BC). In 2017, Professor Beverley Jacobs participated in a panel with Amar Bhati, Jonathan Rudin, Douglas Sanderson, and Mark Walters about Reconciliation and the Constitution. A transcript of the roundtable can be found online.

In 2018, Associate Dean Laverne Jacobs was commissioned by the federal government to conduct a research study on human rights law and accessibility legislation to assist in the preparation of the federal accessibility legislation (the Accessible Canada Act, Bill C-81) (Laverne Jacobs, The Interplay Between Human Rights and Accessibility Laws: Lessons Learned and Considerations for the Planned Federal Accessibility Legislation (February, 2018)). She analyzed, comparatively, the administrative governance functions of legislation that provides accessibility standards in six jurisdictions that also offer legal protection from discrimination to people with disabilities. The study was conducted with a view to understanding how human rights laws, principles and values can be used to further and strengthen disability access laws on the ground. She made several recommendations regarding the complete set of governance functions examined. These recommendations included incorporating a mechanism for public enforcement within the enforcement of accessibility standards, incorporating human rights supports and technical expertise within the development of standards, strengthening the statutory language to ensure an inclusive equality approach, and, establishing a Commissioner to take leadership in promoting awareness and systemic culture change, encouraging compliance and in public education both across the federal government and with the general public. Many of the recommendations were adopted. Professor Jacobs also published an article on human rights claims relating to transportation inequality for people with disabilities that examined a forty-year period (Laverne Jacobs, "The Universality of the Human Condition: Theorizing Transportation Inequality Claims by Persons with Disabilities in Canada 1976-2016" (2018) 7 Canadian Journal of Human Rights pp. 35-66) with a related dataset. Her article studies all the statutory human rights decisions on disability discrimination and transportation services rendered since discrimination was first added to a human rights code in Canada in 1976. In doing so, it examines the issues from the perspective of the voices of persons with disabilities by focusing on the substance of the legal claims made. She argues that narrow interpretations of prevailing law and doctrine have resulted in missed opportunities for achieving transportation equality on the ground for persons with disabilities. Professor Jacobs argues that these opportunities may be captured by the application of a new theory of equality she terms the ‘universality of the human condition’. Finally she published a chapter in one of the leading  administrative law textbooks, (Laverne Jacobs, "The Dynamics of Independence, Impartiality, and Bias in the Canadian Administrative State​" in Administrative Law in Context, 3d edition, Colleen M. Flood & Lorne Sossin eds. (Toronto: Emond Montgomery, 2018)).

In 2018, Professor Jasminka Kalajdzic published her book, Class Actions in Canada: The Promise and Reality of Access to Justice (UBC Press, 2018). The book critically and empirically examines whether collective litigation is meeting its primary goal to make justice available to all and overcome barriers to justice for those who would otherwise have no recourse to the courts. Professor Kalajdzic is also a co-principal researcher for a two-year project, "Law Commission of Ontario Class Action Project." She has conducted over 40 interviews with stakeholders and co-wrote a 64-page Consultation Paper which was published in March 2018. The Consultation Paper sets out a preliminary analysis of the systemic implications of current class action practice for access to justice, court procedures and efficiency, and government and corporate liability. For several years, Professor Kalajdzic has participated in judicial training in the area of class actions with the National Judicial Institute and in May 2018 she travelled to Newfoundland to present in front of judges on the topic of access to justice in class actions, specifically, the empirical research she has conducted on the initiation and conduct of this form of litigation and her proposal for a thicker concept of access to justice.

While on sabbatical, Professor Muharem Kianieff served as a Grotius Research Scholar at the University of Michigan Law School. This is a competitive program that allows individuals to conduct research at the Michigan Law School. It is open to scholars from around the world that are selected on the basis of their career accomplishments and proposed areas of study. Professor Kianieff explored the depths of blockchain technology and he conducted cutting-edge research for a new monograph (from Routledge) on the legal implications of blockchain technology: a technology originally devised to support the digital currency of Bitcoin. Professor Kianieff also appeared in a number of panel discussions across campus discussing the impact of Blockchain technology on payment systems and the consumer protection issues that result, and has given talks at the University of Windsor EPICentre to discuss the significance of legal developments that impact Blockchain.

Recently, Professor Julie Macfarlane's National Self-Represented Litigants project (NSRLP) has published a number of SRL related research reports. The project, the SRL Case Law Database, is funded by Windsor Law, the LFO and the Legal Research Foundation and this year has published a preliminary report on our methodology. The report analyzes gendered stereotypes in judicial evaluation of SRLs (with Sandra Sushani), reports on costs awards both for (with Lidia Imbrogno) and against (with Ashley Haines SRLs, and another report on the 18 months of case law since the Supreme Court of Canada in Pintea v Johns (with Kaila Scarrow). NSRLP also published a research analysis of access to transcripts across Canada and A2J implications (with Kaila Scarrow and Becky Robinet).

Professor Macfarlane is also contracted to write a book for Between the Lines, a social justice focused publisher, on sexual violence. The book, titled From Personal Grief to Public Advocacy: Confronting Sexual Violence, will integrate her personal experiences as a survivor with an activist perspective on changing how institutions, including schools, universities and churches, respond to complaints about sexual misconduct. The book will also present a critique of the current legal processes ie workplace investigations, civil law suits and criminal prosecutions. The book will be published in late 2019 or early 2020.

She also continues to publish and to speak on issues affecting the Muslim communities in North America. In February 2018 Professor Macfarlane was a visitor at the Faculty of Law, University of Sydney working with a faculty member (Dr Ghena Krayem) on her new research on Islamic divorce and she gave the keynote at a conference on Muslim Women’s Agency. She has also recently published a piece on her original Islamic divorce research (Islamic Divorce in North America: A Shari’a Path in a Secular Society Oxford University Press 2012) for the American Bar Association’s Dispute Resolution Magazine.

In 2018, Professor Richard Moon published his book Putting Faith in Hate: When Religion is the Source or Subject of Hate Speech (Cambridge Univ. Press, 2018). Professor Moon is also the Principal Investigator of a Social Sciences and Humanities Research Council Connections Grant, “Indigenous Spirituality and Religious Freedom” in support of an edited collection to be published by University of Toronto Press and co-edited by professors Jeffery Hewitt and Beverly Jacobs. He also published his article “Conscientious Objections in Canada: Pragmatic Accommodation and Principled Adjudication”, 7 Oxford Journal of Law and Religion (2018). 

Recently, Professor Paul Ocheje published his article “Norms, Law, and Social Change: Nigeria’s Anti-Corruption Struggle, 1999-2017”, Crime, Law and Social Change, Vol.70(3), 363-381 (2017) and “Creating an Anti-Corruption Norm in Africa: Critical Reflections on Legal Instrumentalization for Development”, Law and Development Review, 10(2), 477-496 (2017). Professor Ocheje also wrote his chapter "Women’s Land Rights in Sub-Saharan Africa: Between Law and Cultural Norms”, in R. Izarali, O.Masakure, and B. Ibhawoh, eds., Expanding Perspectives on Human Rights in Africa (New York: Routledge, 2018).

In 2018, Professor Sukanya Pillay researched and prepared a paper on the impact of the UN Security Council’s Counter-Terrorism Resolutions on International Norms including Sovereignty and Human Rights, and on Constitutional Norms using Canada as illustrative. The paper is being considered by a European Journal for a peer review process. Professor Pillay also conducted research for her forthcoming book Taking Up the Torch. She also participated in a panel at the World Indigenous Conference, which was co-hosted by Windsor Law in November 2018. Professor Pillay has also engaged in pro bono consultation with civil liberties and human rights advocates overseas.

In 2018, Professor Noel Semple published his article "Mystery shopping: demand-side phenomena in markets for personal plight legal services” in the International Journal of the Legal Profession. The article proposed that competition among personal plight law firms is suppressed by three demand-side phenomena. First, consumers confront high search costs. Identifying competing law firms willing and able to provide the needed services often requires significant expenditure of temporal and psychological resources. Second, comparable price and quality information about firms is scarce for consumers. Both of these factors impede comparison shopping and reduce competitive pressure on firms. A third competition-suppressing factor is observed in tort legal service markets, where offerings are typically priced on a contingency basis. Contingency fees have relatively low salience to consumers, and this reduces consumers’ willingness to negotiate and comparison-shop on the basis of price. This analysis is supported by the author’s empirical research with Ontario personal plight lawyers as well as the existing literature. The article concludes by suggesting possible consequences of this analysis for regulatory policy. In June 2018, Professor Semple gave invited presentations at three Access to Justice panels which were part of the Law and Society Association annual meeting.  The panels were entitled "What We Know, and Need to Know, about Access to Justice in Canada,” "Innovation and Access to Justice,” and "Understanding the Costs of Canada’s Access to Justice Crisis.” His legal ethics columns continue to appear at the Slaw.ca blog, including "Why We Can’t Ban Legal Advertising", "Shady Billing: Closing the Hall of Shame," and "Bridges Over the Chasm: Licensing Design and the Abolition of Articling."

In December 2018, Professor Tess Sheldon was invited to present “Disability Inclusion Strategies in the Workplace” with Associate Dean Laverne Jacobs before the Law Society of Ontario in Toronto. In October 2018, Professor Sheldon was invited to present “Administrative Tribunals and Mental Health: Promises, Perils and Possibilities” before the Canadian Institute for the Administration of Justice in Ottawa in October 2018 and “Mental Health: Access and Ethics” before the Action Group, Law Society of Ontario in Toronto. Professor Sheldon published an article with Kasari Govender entitled “R v Kapp: A Rewrite of the Women’s Court of Canada” (2018) 30:2 Canadian Journal of Women and the Law 248-267.

In 2018, Professor Anneke Smit was engaged as an external consultant by the United Nations High Commissioner for Refugees (UNHCR) Europe office to prepare a paper on higher education scholarships for refugees as pathways to protection in Europe.  The consultation paper formed part of a larger project on complementary pathways to refugee protection which was jointly organised by UNHCR, the International Organisation for Migration (IOM) and the International Catholic Migration Committee (ICMC). Professor Smit presented her final paper to an audience of EU, international organisation, and government officials at the project’s final conference in Brussels in April. The paper is now forming a blueprint for engagement used by UNHCR in its conversations with EU member states as well as higher education institutions in Europe on opening up more pathways to refugee protection. In April 2018, Professor Smit presented a paper entitled “The Return of People and Property” to a workshop on the Legal Tools of Peacekeeping, held at the Lauterpacht Centre for International Law at Cambridge University. The revised paper will form part of an edited collection published in 2019 by Cambridge University Press. In October 2018, Professor Smit presented at an invited workshop at the Munk Centre at the University of Toronto on Canada’s legacy of private refugee sponsorship. Her paper proposed reforms to Canada’s private sponsorship programme which will better address the programme’s use as a pathway to family reunification for refugees in Canada.

In early 2018, Professor David Tanovich joined a group of academics headed by Professor Signa Shanks (Osgoode Hall) to form Project Fact(a). The goal is to examine the policy and systemic issues arising out of the Gerald Stanley trial. Stanley was acquitted in the shooting death of Colten Boushie, a young Indigenous man. As part of this initiative, Professor Tanovich published two op-eds in the Globe and Mail. The first examined the Crown’s decision to not appeal the acquittal (“Boushie’s Family – and our Justice System  - Deserves Answers. So Why No Appeal?” (8 March)). The second explored the concerns raised by discriminatory uses of peremptory challenges (“We Must End Discrimination in Jury Selection” (9 April)). In the Stanley trial, defence counsel used his peremptory challenges to remove every Indigenous juror to create an all-White jury. In October, Professor Tanovich published “Safeguarding trials from racial bias” Policy Options (2 October). In it, he used the Stanley trial to highlight the ability (and failure in that case) of using the law of evidence to regulate racial bias. There will be more announcements concerning Project Fact(a) in the coming months.

In the spring, Professor Tanovich was invited to speak at a conference at the University of Ottawa on the legacy of Chief Justice Beverley McLachlin of the Supreme Court of Canada (Reflecting on the Legacy of Chief Justice McLachlin) (11 April). He presented a paper entitled “Chief Justice McLachlin and a Principled Approach to Evidence Admissibility.” The piece, now entitled “Combatting Stereotyping and Facilitating Justice: McLachlin’s Vision for the Law of Evidence”, is forthcoming in a book on the Chief Justice to be published by UofT Press.

Professor Tanovich’s 2017 article “Applying the Racial Profiling Correspondence Test” (published in 64 Criminal Law Quarterly  359-383) was re-published as a chapter in Lorne Foster, Lesley Jacobs, Bobby Siu and Shaheen Azmi (eds), Racial Profiling and Human Rights in Canada – The New Legal Landscape (Toronto: Irwin Law, 2018). The chapter uses jurisprudence and other sources to provide a comprehensive and accessible framework for the litigation and adjudication of racial profiling cases in our courts and tribunals.

In the fall, the 12th edition of Professor Tanovich’s Evidence casebook was published (Evidence: Principles and Problems (12th ed) (Toronto: Carswell) with Professors Don Stuart and Lisa Dufraimont.) This is the most widely used Evidence casebook in Canadian law schools. It provides a mix of case excerpts, commentary and a series of problems at the end of each chapter to enhance comprehension.

In 2018, Professor Myra Tawfik co-authored a forthcoming book (with Karima Bawa), A Guide to IP Strategy for Innovators and Commercialization Intermediaries, publisher to be Brush Education. Professor Tawfik also co-edited (with Ruth-Ellen St. Onge and Janet Friskney), “Bound by Three Oceans: Reading, Writing, Printing and Publishing in Canada since Confederation,” Special issue of the Papers of the Bibliographical Society of Canada. 55:2. In October 2018, she was an Invited Panelist by the US Federal Circuit Bar Association and European Patent Lawyers Association for the Global Challenges Series - Conference on Innovation and IP Leadership: Commerce, Trade, Governance and Adjudication in Ottawa. Her presentation was on Capacity Building in IP Literacy on the first panel titled “Innovation: Key Elements and Challenges.”

In 2018, Professor Kristen Thomasen co-organized the LTEC Panel and Workshop “Accessibility in Autonomous Transit Policy” with Associate Dean Laverne Jacobs, which brought together experts in autonomous vehicle technology and regulation, accessibility, and city transit planning to discuss some of the technological, regulatory and accessibility questions surrounding autonomous vehicles, and to highlight access to justice issues related to the potential growing use of autonomous vehicles within cities. Professor Thomasen also published her paper “Beyond Airspace Safety: A Feminist Perspective on Drone Privacy Regulation” in the Canadian Journal of Law and Technology, presented a paper “Robots in the Public Square: Privacy, Design and the Nature of Public Space” at the peer-reviewed conference We Robot hosted by Stanford Law, co-lectured at an NJI session titled “Legal Implications of Artificial Intelligence and Electronic Technology” to judges from across Canada, and had appeared before senate to speak as a panelist to Members of the Canadian Senate at the Canadian Senate Open Caucus on Robotics and Artificial Intelligence.

In 2018, Dean Christopher Waters organized and chaired a panel at the Canadian Council on International Law (CCIL) annual conference in Ottawa. The panel was on New Scholarship in International Legal History and featured, among others, Professor Bev Jacobs on the Great Law of Peace. Dean Waters was also the Canadian representative on the International Law Association’s Committee on Recognition of States and Governments, which submitted its final report in August in Sydney. He continued to co-edit the Canadian Bar Review with Professor David Tanovich and is the Ontario Law Deans’ representative on the Ontario Law Commission.

Professor Sara Wharton has recently completed a collaborative research project with Dr. Rosemary Grey of the University of Sydney, Australia, on Preliminary Examinations at the International Criminal Court which has resulted in two journal articles:

• Rosemary Grey and Sara Wharton, "Lifting the Curtain: Opening a Preliminary Examination at the International Criminal Court" (2018) 16:3 Journal of International Criminal Justice 593-621.
• Sara Wharton and Rosemary Grey, "The Full Picture: Preliminary Examinations at the International Criminal Court" [Forthcoming in Volume 56, 2018 Canadian Yearbook of International Law]

In 2018, Professor Sujith Xavier published “Top Heavy: Beyond the Global North & the Justification for Global Administrative Law" (2018) 3-4 Indian Journal of International Law 337. He also published “False Western Universalism in Constitutionalism? The 1867 Canadian Constitution & the Legacies of the Residential Schools" in Richard Albert, Paul Daly & Vanessa MacDonnell (eds.), The Canadian Constitution in Transition (Toronto: University of Toronto Press, 2018). Also in 2018, Professor Xavier published his piece “Loving, Working, and Living on Stolen Land: People of Colour, Settler Colonialism & White Supremacy” in reconciliationsyllabus.