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2015-2016

  • (June 28) Professor Kathleen Mahoney has published the chapter "Roadblock to Reconciliation: Canada's Origin Story" in the publication Who Founded Canada, published by the Association for Canadian Studies.
  • (June 28) Professor Emily Laidlaw has co-authored draft industry guidelines to respect copyright and free speech for CREATe, the RCUK Centre for Copyright and New Business Models in the Creative Economy. The guidelines seek to distil, from that literature and from cases and statutes, principles of good practice for copyright owners and intermediaries to identify when a free expression right is implicated in the design, use, or enforcement of copyright (herein the terms 'speech' and 'expression' will be used interchangeably). Download the draft guidelines here. Read Emily's blog post about the guidelines here.
  • (May 26) Professor Nigel Bankes has co-authored the chapter "The Columbia River Treaty and the Dynamics of Transboundary Water Negotiations in a Changing Environment: How Might Climate Change Alter the Game?" in the book Water Policy and Planning in a Variable and Changing Climate.
  • (May 6) Professor Shaun Fluker has co-authored a publication entitled "Protection of Threatened Species in New Zealand" in the New Zealand Journal of Environmental Law. The article engages in a comparative analysis between Canada and New Zealand on endangered species law and policy in each country. Read the article.
  • (April 19) Professor Nigel Bankes has published "The Regime for Transboundary Hydrocarbon Deposits in the Maritime Delimitation Treaties and Other Related Agreements of Arctic Coastal States" in the journal Ocean Development and International Law. The article assesses the treaty practice of the five Arctic Ocean coastal states and Iceland in dealing with the issue of transboundary hydrocarbon deposits as part of the conclusion of maritime delimitation and other related agreements. The article is available through Taylor & Francis Online.
  • (April 1) Professor Al Lucas is co-editor (with alumna Lila Barrera-Hernandez, LLM'96, Barry Barton, Lee Godden and Anita Ronne) of Sharing the Costs and Benefits of Energy and Natural Resource Activity, published this week by Oxford University Press. Al's chapter is titled “Participatory Rights and Strategic Litigation: Benefits Forcing and Endowment Protection in Canadian Natural Resource Development.” Professor Nigel Bankes’ chapter, co-authored with Astrid Kalkbrenner, PhD'15, is titled “Liability for Oil Spills from Oil and Gas Operations in Canada’s Arctic Waters.” Lila Berrera-Hernandez also wrote the chapter “Indigenous Peoples and Free, Prior and Informed Consent in Latin America.” A chapter entitled, “Broadening Community and Regional Benefits from Energy Development Through Environmental Restoration Funds” was contributed by Canadian Institute of Resources Law Graduate Fellow, Nonye Opara, LLM'14. This book is the product of a research project carried out by members of the Academic Advisory Group (AAG) of the International Bar Association’s Section on Energy, Environment, Resources and Infrastructure Law. It is the eighth in a series of AAG books published by OUP. The AAG has included UCalgary Law faculty members since its establishment in 1981.
  • (March 29) Professor Shaun Fluker has published a case comment in The Advocates' Quarterly, the widely recognized source of civil litigation information and guidance throughout Canada. Shaun's case comment examines the Federal Court of Appeal’s September 2015 Ishaq v Canada decision concerning the wearing of a niqab during a citizenship ceremony.  The comment explores the rule of law underpinnings in this matter and is published as “The Niqab and the Rule of Law: Canada v Zunera Ishaq” (2016) 45 Adv Q 251.
  • (March 23) Professor Evar Oshionebo has published his article "Managing Resource Revenues: Sovereign Wealth Funds in Developing Countries” (2015) 15 Asper Review of International Business and Trade Law 217-264.
  • (March 16) Professor Shaun Fluker has published an article in the current issue of the McGill International Journal of Sustainable Development Law and Policy that engages in a comparative legal and policy analysis of carbon emission trading systems in Canada and New Zealand. The article is “A Comparison of Carbon Emission Trading Systems in New Zealand and Canada: Diversity is Not a Virtue in Carbon Law and Policy” (2015) 11:2 JSDLP 217.
  • (March 3) Professor Fenner Stewart has published his article "Foreign judgments, judicial trailblazing and the cost of cross-border complexity: thoughts on Chevron Corp v Yaiguaje" in the Journal of Energy & Natural Resources Law.
  • (Feb 17) Dean Ian Holloway has published the article "The Law School of 2020" with co-author Steven Friedland, an Elon University Law Legal Studies Research Paper No. 2016-06.
  • (Feb 3) Professors Shaun Fluker and Allan Ingelson have published articles in the February 2016 of The Negotiator, the magazine of the Canadian Association of Petroleum Landmen. Shaun's article is titled "What Happens When an Insolvent Energy Company Fails to Pay its Surface Rent to a Landowner?" and Allan's article is titled "Creative Environmental Sentences in the Alberta Oil and Gas Industry." Read both articles here.
  • (Feb 2) Professor Sharon Mascher published the article "Climate change justice and corporate responsibility: commentary on the International Bar Association recommendation" in the Journal of Energy & Natural Resources Law (published online 02 February, 2016).
  • (Jan 27) Professor Erin Sheley's article, "Prospective Injunctive Relief and Class Action Settlements" (co-authored with Theodore Frank of the Competitive Enterprise Institute), has been accepted by the Harvard Journal of Law and Public Policy. A current draft of the article can be found here.
  • (Jan 5) Professor Martin Olszynski’s most recent article, “From ‘Badly Wrong’ to Worse: An Empirical Analysis of Canada's New Approach to Fish Habitat Protection Laws,” has been published in Volume 28(1) of the Journal of Environmental Law and Practice (link to WestlawNext Canada sign on). The paper, which assesses the effects of legislative changes introduced by the previous Conservative government to the habitat protection provisions of the Fisheries Act, was one of over 20 presented at the JELP’s 5th biennial conference and was the subject of several news stories in the fall of 2015.
  • (Jan 4) Nigel Bankes with co-authors Giorilyn Bruno (research fellow, CIRL) and Cairns Price has published "The Regulation of Cogeneration in Alberta" (2015) 53 Alberta Law Review 383 – 418.

2015

  • (Dec 15) Professor Nigel Bankes has published the chapter "Themes and Reflections: A Perspective from Canada" in Christina Allard and Susann Funderud Skogvang (eds), Indigenous Rights In Scandinavia: Autonomous Sami Law, (Ashgate, 2015) 9 – 22.
  • (Dec 10) Professor Elizabeth Whitsitt (and Stephanie Mullen, consultant at WilmerHale) have co-authored an article entitled "Quantum, annulment and the requirement to give reasons: analysis and reform" in the latest volume of Arbitration International.
  • (Dec 7) Professor Alice Woolley is a co-editor (with Adam Dodek) and contributor of the book In Search of the Ethical Lawyer: Stories from the Canadian Legal Profession, available from University of British Columbia Press in January 2016. Read more.
  • (Nov 25) Banting Post-doctoral fellow Chilenye Nwapi published "Book Review: The Governance Gap: Extractive Industries, Human Rights, and the Home State Advantage, by Penelope Simons and Audrey Macklin" in (2014) 52 Canadian Yearbook of International Law 641-648 (released on November 17, 2015).
  • (Nov 19) Professor Alice Woolley has published the article "Alternative Business Structures and the Modern Regulatory Dilemma" in Law Matters, Vol. 40 No. 3 (Fall 2015), the official publication of the Alberta Branch of the Canadian Bar Association.
  • (Oct 29) Professors Saul Templeton and Martin Olszynski have published articles in the Dalhousie Law Journal, Vol. 38 No. 1 (Spring 2015). Saul's article is titled "A Defence of the Principled Approach to Tax Settlements" and Martin's is titled "Environmental Assessment as Planning and Disclosure Tool: Greenpeace Canada v. Canada (Attorney General)." Both articles can be found here.
  • (Oct 22) Professor Alice Woolley has published her article "The Lawyer as fiduciary: Defining private law duties in public law relations" in the University of Toronto Law Journal. The article is available online. The research for the article was supported by funding from the Ontario Bar Association, Chief Justice of Ontario Fellowship in Legal Ethics and Professionalism.
  • (Oct 20) Professor Elizabeth Whitsitt has published a comment on the controversial trade dispute between the EU and Canada & Norway over the EU's ban on seal products. Professor Whitsitt's article entitled "A Comment on the Public Morals Exception in International Trade and the EC- Seal Products Case: Moral Imperialism and Other Concerns" is published in 3(4) Cambridge Journal of International & Comparative Law 1376, available online via HeinOnline.
  • (Oct 15) Professors Nigel Bankes and Elizabeth Whitsitt have published “Arctic Marine Mammals in international environmental law and trade law” in Leif Christian Jensen and Geir Hønneland (eds), Handbook of the Politics of the Arctic, (Edward Elgar, 2015) 185 – 206.
  • (Sept 29) Banting Post-doctoral Fellow Chilenye Nwapi has published "Corruption Vulnerabilities in Local Content Policies in the Extractive Sector: An Examination of the Nigerian Oil and Gas Industry Content Development Act, 2010" (2015) 46:2 Resources Policy 92-96.
  • (Sept 28) Professor Allan Ingelson and Banting Post-doctoral fellow Chilenye Nwapi have published the article "Promoting transparency in Central African mineral development" in the Canadian Institute of Mining, Metallurgy and Petroleum Journal.
  • (Sept 2) Professor Kathleen Mahoney has published the paper "Judicial Bias: The Ongoing Challenge," in the University of Missouri School of Law Journal of Dispute Resolution.
  • (July 8) Professor Kathleen Mahoney's paper on "Institutional Abuse: the Canadian Experience" has been published in the seminar report: "Redressing Historical Institutional Abuse: International Lessons." The publisher is the Institute of Research in Social Sciences, Ulster University, Belfast Northern Ireland.
  • (July 7) Banting post-doctoral fellow Chilenye Nwapi has published the article "Governance Considerations Relating to Social Impact Assessments for Mining Development in African Communities" (2015) 17:2 Journal of Environmental Assessment Policy & Management. The abstract is available here.
  • (July 6) Professor Nigel Bankes has published "Pipelines, the National Energy Board and the Federal Court" (2015), 3 Energy Regulation Quarterly 59 - 73. The article can be viewed here.
  • (July 2) Professor Liz Whitsitt (along with Todd Weiler) has published a chapter entitled "Sovereign Wealth Funds and Bilateral Investment Treaties' New Models: Issues, New Trends and State Practice" in a Research Handbook on Sovereign Wealth Funds and International Investment Law edited by Fabio Bassan of Roma Tre University.
  • (July 2) Professor Kathleen Mahoney has published a chapter entitled "Reconciliation and the Indian Residential Schools Settlement" in the book Ecological Systems Integrity: Governance, law and human rights, edited by Laura Westra, Janice Gray and Vasiliki Karageorgou.

2014-2015

2015

  • (June 8) Chilenye Nwapi, a Banting Post-Doctoral Fellow, has published the article "Defining the 'Local' in Local Content Requirements in the Oil and Gas and Mining Sectors in Developing Countries," in (2015) 8:1 Law and Development Review. Chilenye has also published the chapter "Land Ownership, Mineral Development and Agriculture in Nigeria: An Examination of Key Issues and Challenges" in Rhuks Ako & Damilonla Olawuyi, eds, Food and Agricultural Law: Readings on Sustainable Agriculture and the Law in Nigeria (Ado-Ekiti (Nigeria): Afe Babalola University Press, 2015) Chapter 3.
  • (June 4) Professor Emily Laidlaw has published the working paper "Copyright and Freedom of Expression: A Literature Review." The paper is part of Emily's UK Research Council-funded project through CREATe, the RCUK Centre for Copyright and New Business Models in the Creative Economy, based at the University of Glasgow. The publication was written by RA Yin Harn under the guidance and direction of Emily and co-research Daithi Mac Sithigh. The publication can be view on the CREATe website.
  • (May 20) Professor Nigel Bankes has published "The implications of the Tsilhqot'in (William) and Grassy Narrows (Keewatin) decisions of the Supreme Court of Canada for the natural resources industries" in the Journal of Energy and Natural Resources Law. The article is available online.
  • (May 19) Professor Shaun Fluker published "The Right to Public Participation in Resources and Environmental Decision-Making in Alberta" in the current volume (52:3) of the Alberta Law Review.
  • (May 15) Professor Shaun Fluker will publish "A Comparison of Carbon Emission Trading Systems in New Zealand and Canada: Diversity is not a virtue in carbon law and policy" in volume 11:2 of the McGill International Journal of Sustainable Development Law & Policy. This paper examines the carbon emissions trading systems in New Zealand, Alberta, and Québec to assess the effectiveness of each system on reducing carbon emissions and establishing price discovery on the entitlement to emit carbon. A copy of the paper is available on SSRN.
  • (May 1) Professor Nigel Bankes, along with Maria Madalena das Neves have published the chapter "The Energy Policies of Selected Arctic States" in the third volume of Polar Law and Resources, edited by Natalia Loukacheva (Norden Publishing, Nordic Council of Ministers, 2015). The book is available online here. Nigel has contributions in each of the two previous editions of the textbook. Each of the volumes is designed to provide accessible teaching materials for courses in Arctic and Polar Law.
  • (Apr 22) Professor Kathleen Mahoney has published a chapter in the new book Myth and Reality of Human Rights, edited by Dr. Jagdeep Singh. Kathleen's chapter is titled "Human Rights and Equality Under Attack: The Difficult Challenge Ahead."
  • (Feb 25) Professor Lyndsay Campbell has published an article in the February 2015 issue of Law and History Review. Lyndsay's article, “Race, Upper Canadian Constitutionalism and ‘British Justice," explores the meaning of “British justice” and its relationship to race. An abstract of the article can be found here.
  • (Feb 20) Professor Nigel Bankes and co-author Timo Koivurova (University of Lapland, Finland) have published a chapter entitled ‘Legal Systems’ in the second edition of the Arctic Human Development Report (AHDR). The AHDR is a project of the Arctic Council.  The Report is available in hard copy and online here.
  • (Feb 5) Professor Martin Olszynski's case comment, "Environmental Assessment as Planning and Disclosure Tool: Greenpeace Canada v. Canada (Attorney General) 2014 FC 463" will be published in the Spring issue of the Dalhousie Law Journal. The article can be found on SSRN.

2014

  • (Dec 31) Professors Nigel Bankes, Sharon Mascher and Jonnette Watson Hamilton published their article “The Recognition of Aboriginal Title and Its Relationship with Settler State Land Titles Systems” in the December 2014 issue of the UBC Law Journal (Vol. 47, No. 3).
  • (Dec 11) Professor James Coleman has published an article in the December 2014 issue of Fordham Law Review. His article, "Importing Energy, Exporting Regulation," shows how integrated national energy markets are driving states to regulate imported fuel and electricity based on how it was produced elsewhere.
  • (Dec 4) Professor Martin Olszynski has published his article "Revisiting Regulatory Negligence: The Ernst Fracking Litigation" in the December 2014 issue of The Negotiator, the monthly publication of the Canadian Association of Petroleum Landmen.
  • (Nov 28) Professor Fenner Stewart has published an article in the Indiana Journal of Global Legal Studies. His article "The Corporation, New Governance, and the Power of the Publicization Narrative" takes a critical look at the idea of publicization and how it plays out within new governance. Publicization is a vague, but powerful, notion that the delegation of public power to for-profit agents will lead to such agents exercising this power as idealized public servants.
  • (Nov 24) Professors Jennifer Koshan and Jonnette Watson Hamilton will publish the paper "Adverse Impact: The Supreme Court's Approach to Adverse Effects Discrimination Under Section 15 of the Charter" in Review of Constitutional Studies. An abstract of the paper can be found here. An ABlawg post about the case can be found here.
  • (Nov 24) Professor Nigel Bankes, along with co-authors Barbara A. Cosens, University of Idaho - College of Law, Alexander Fremier, and John Abatzoglou University of Idaho - College of Science, have posted the following paper on SSRN "The Columbia River Treaty and the Dynamics of Transboundary Water Negotiations in a Changing Environment: How Might Climate Change Alter the Game?"
  • (Nov 21) Professor Martin Olszynski will publish his article "Ancient Maxim, Modern Problems: De Minimis, Cumulative Effects and Risk-Based Regulation" in the Spring 2015 issue of the Queen's Law Journal. The article considers the questions of when and how the ancient common law maxim de minimis non curat lex – the law does not concern itself with trifling matters – ought to be applied in Canadian environmental law.
  • (Nov 6) Banting Post-Doctoral Fellow Chilenye Nwapi has published "Re-Evaluating the Doctrine of Forum Non Conveniens in Canada" in Windsor Review of Legal and Social Issues (2013) 34:1 59-10.
  • (Nov 5) Professor Nigel Bankes has published "Recent Framework Agreements for the Recognition and Development of Transboundary Hydrocarbon Resources" in the most recent issue of the International Journal of Marine and Coastal Law (volume 29, issue #4). The article is part of a special issue on Energy from the Sea and represents the proceedings from a workshop on the same subject held at the University of Utrecht in February 2014. That workshop was convened by Erik Molenaar, Seline Trevisanut and Nigel Bankes. Nigel and Seline served as editors of the Special Issue which also contains an introduction by the two of them.
  • (Oct 23) Professor Shaun Fluker has published "Defending the Wild: Time to Think beyond Legislated Wilderness" as a chapter in a new edited collection entitled Found in Alberta: Environmental Themes for the Anthropocene (Wilfred Laurier University Press, 2014). The chapter investigates the history of wilderness legal protection in Alberta and disseminates findings from a series of interviews with environmental groups conducted by Professor Fluker to explore how these groups use legal process to protect wilderness. The book as a whole is a cross-disciplinary collection of essays about the natural environment in Alberta and topics such as the oil sands, climate change, wilderness, food production, and indigenous peoples. The book is now available from Wilfred Laurier University Press.
  • (October 21) Professor Nigel Bankes is the co-author of "Protocols for Adaptive Water Governance: The Future of the Columbia River Treaty," a report released as part of the Program on Water Issues (POWI) at the University of Toronto's Munk School of Global Affairs. The report can be found on the POWI website. Nigel co-authored the report with Barbara Cosens from the University of Idaho.
  • (October 9) The most recent issue of Energy Regulation Quarterly contains two case comments by Professor Nigel Bankes. The first is entitled “Alberta Decision in Market Surveillance Administrator v TransAlta” and the second “Enbridge’s Northern Gateway Project: cabinet approval but complex court proceedings.” The first of these comments was initially published on Ablawg.
  • (September 11) Professor Allan Ingelson and post-doctoral fellow Chilenye Nwapi have published an article in Law, Environment and Development Journal. The article, "Environmental Impact Assessment Process for Oil, Gas and Mining Projects in Nigeria: A Critical Analysis" examines legislation and practice concerning the environmental impact assessment (EIA) process for oil and gas projects in Nigeria.
  • (September 5) Professors Nigel Bankes, Sharon Mascher and Martin Olszynski have published the article "Can Environmental Laws Fulfill Their Promise? Stories from Canada" in the journal Sustainability.
  • (September 3) Professor Liz Whitsitt has published the article "The Role of Canadian Courts in the Legitimization of NAFTA Chapter Eleven Tribunal Decisions" in Volume 65 of the UNB Law Journal at pages 126-156.
  • (September 3) Professor Kathleen Mahoney has published "The Settlement Process: A Personal Reflection," University of Toronto Law Journal, M. Moran and K. Roach eds., 64(4) (May 2014)
  • (August 21, 2014) Dean Ian Holloway has published "A Canadian Law School Curriculum for this Age" in volume 51(4) of the Alberta Law Review.
  • Professor Jennifer Koshan has published "Under the Influence: Discrimination Under Human Rights Legislation and Section 15 of the Charter" in volume 3(1) of the Canadian Journal of Human Rights.
  • Professor James Coleman, Research Digest: Investigating Strategies for Climate Change Regulation, July 2014
  • Professor Shaun Fluker published his article "The Right to Public Participation in Resources and Environmental Decision-Making in Alberta" in Alberta Law Review 52(3), 2015. A copy of the article can be found here. 
  • Professor Jennifer Koshan published the article "Investigating Integrated Domestic Violence Courts: Lessons from New York" in the Osgoode Hall Law Journal, Vol. 51 No.3 2014 (forthcoming). An abstract of the article can be found here.
  • Professor Kathleen Mahoney has contributed a chapter to the book The Earth Charter, Ecological Integrity and Social Movements, published by Routledge Press, Taylor and Francis Group. Kathleen's chapter is titled "Canadian Avatar: Reshaping Relationships Through Indigenous Resistance."

2013-2014

  • On April 8, 2014, Professor Sarah Templeton's article "Death and higher taxes" has been published in The Lawyers Weekly. The article examines the end of graduated rates of taxation for testamentary trusts and grandfathered inter-vivos trusts by the federal government in the 2014 budget.
  • Professor James Coleman published the article "Importing Energy, Exporting Regulation" in the Fordham Law Review (2014) (forthcoming).
  • Professor Catherine Brown's article "Estates, Trusts and the Acquisition of Control: Some New Rules in the Game" was published in Personal Tax and Estate Planning, Vol. IV, No. 4 2013 at 198.
  • In March 2014, Professor Shaun Fluker and LLM student Salimah Janmohamed published the article "Who Regulated Trading in the Carbon Market?" in volume 26(2) of the Journal of Environmental Law & Practice published by Carswell. Their article provides an overview of carbon markets in Canada and investigates the application of financial regulation to carbon trading and the extent to which this oversight can alleviate the liquidity and transparency issues in carbon markets today. Their research is supported by a grant from Carbon Management Canada.
  • Retired professor Arlene Kwasniak's contribution to a report on the Global Water Forum at the Australian National University, Canberra, Australia, September 2013 at which she participated, is now published and available: "Reflections on comparing basins: Learning from differences," in Reflections on water reform in the Colorado and Murray-Darling Basins, Global Water Forum, Canberra, Australia, 2014.
  • In February 2014, Professor Elizabeth Whitsitt published the article "A Modest Victory at the WTO for Ontario's FIT Program" in the UC Davis Journal of International Law & Policy (Vol. 20, No.1). The article highlights shortcomings in the WTO’s consideration of Ontario’s feed-in tariff program under the Subsidies and Countervailing Measures Agreement which in turn leads to broader concerns about renewable energy programs under the WTO’s subsidy regime.
  • In February 2014, Professor Allan Ingelson and post-doctoral fellow Chilenye Nwapi published the article "Environmental Impact Assessment Process for Oil, Gas and Mining Projects in Nigeria: A Critical Analysis" in volume 10(1) of Law, Environment and Development, published by the University of London, UK.
  • Professor Martin Olszynski published the article "Environmental Monitoring and Ecosystem Management in the Oil Sands: Spaceship Earth or Escort Tugboat?" (2014) 10:1 McGill International Journal of Sustainable Development Law and Policy (JSDLP) (forthcoming)
  • Professors Nigel Bankes and Liz Whitsitt published an article titled "The Evolution of International Investment Law and Its Application to the Energy Sector" in Alberta Law Review, Volume 51, No.2 (December 2013). The article follows up on a presentation made at the Canadian Energy Law Foundation's Annual Jasper Conference and highlights a number of uncertainties regarding the scope of protections and remedies available to investors under international investment treaties.
  • In September 2013, Professor Jennifer Koshan published the article "Calgary's Specialized Domestic Violence Court: An Evaluation of a Unique Model" (2013) 50(4) Alberta Law Review 731-755 (with Leslie Tutty).
  • Professor Nigel Bankes and co-author Elizabeth Bourget of the US Army Corps of Engineers have published “Apportionment of the St Mary and Milk Rivers” in Water Without Borders, edited by Emma Norman, Alice Cohen and Karen Bakker and published by the University of Toronto Press.
  • "The IPO Market in Canada: What a Comparison with the United States tells us About a Global Problem," a paper written by Professor Bryce C. Tingle, the N. Murray Edwards Chair in Business Law, and Professors J. Ari Pandes and Michael J. Robinson, of the University of Calgary Haskayne School of Business, has been accepted in the December 2013 issue of the Canadian Business Law Journal. The paper identifies for the first time that Canada is suffering a significant decline in its IPO market paralleling the much-commented upon decline in the US.  It then explores the merits of the various explanations advanced in the US for this decline in light of Canada's very different regulatory environment.
  • Arlene Kwasniak published an article in the Rocky Mountain Mineral Law Foundation Journal, Volume 50, #1. The title is "History of Canadian Public Lands and Public Land Law, and Key Departures From and Reflections of U.S. Policy Paths." The RMMLF Journal is a peer-reviewed journal of the Rocky Mountain Mineral Law Foundation, situate in Westminster, Colorado.
  • Nigel Bankes has published a chapter on "The Conservation and Utilization of Marine Mammals in the Arctic Region" in the volume The Law of the Sea and the Polar Regions, Interactions between Global and Regional Regimes, edited by Erik J. Molenaar, Utrecht University, Alex G. Oude Elferink, Utrecht University and Donald R. Rothwell, Australian National University. 
  • Nigel Bankes and Elizabeth Whitsitt along with co-authors Anatole Boute, Steve Charnovitz, Shi-Ling Hsu, Sarah Mccalla, and Nicholas Rivers  have published “International Trade and Investment Law and Carbon Management Technologies” (2013), 53 Natural Resources Journal 285 – 324. This paper draws on the results of a workshop held July 2012 at the University of British Columbia and hosted by Professor Shi-Ling Hsu. The workshop was sponsored by a grant from Carbon Management Canada.
  • Arlene Kwasniak’s article “Accretion, The Torrens System, and Law Reform” has now been published in the Journal of Environmental Law and Practice, Vol. 24, No. 2, pp 145-176. The article discusses the evolution and potential future of accretion law that applies to riparian lands, focusing on Alberta. It reviews key accretion cases and highlights actual and potential conflicts between applying common law accretion principles and maintaining the integrity of the Torrens system. The paper canvasses policy considerations for potential law reform to address accretion  conflicts and issues.
  • Shaun Fluker has contributed a chapter in a new book just published by Routledge entitled Confronting Ecological and Economic Collapse: Ecological integrity for law, policy and human rights. The book celebrates the 20th year for the Global Ecological Integrity Group. Professor Fluker's chapter is "Environmental Norms in the Courtroom: The case of ecological integrity in Canada's national parks" wherein he examines the troubling record of Canadian courts with respect to implementing the concept of ecological integrity in a legal rule.
  • Nigel Bankes wrote the chapter on "Polar bears and international law," Polar Law Textbook II. Natalia Loukacheva (ed.), (Copenhagen: Nordic Council of Ministers -TemaNord: 535, 2013.
  • Nigel Bankes contributed the chapter on Canada in Upstream Law and Regulation: A Global Guide, edited by Eduardo Pereira and Kim Talus and published by  Globe Law and Business, London, 2013.
  • “The Supreme Court, Ameliorative Programs, and Disability: Not Getting It”, an article written by Professors Jonnette Watson Hamilton and Jennifer Koshan, has just been published in (2013) 25:1 Canadian Journal of Women and the Law 56-80. This article examines the impact of the Supreme Court’s recent section 15(2) jurisprudence on people with disabilities, with Jonnette and Jennifer arguing that the Court’s extreme deference to targeted benefit programs may perpetuate the social exclusion and marginalization of persons with disabilities to whom the government denies benefits. The article is part of a special issue of the journal that honours Dianne Pothier, a leading Canadian legal scholar in the areas of constitutional, labour, and disability law. A draft of the article is available on the Social Science Research Network (SSRN) here.