Queen's University
Faculty of Law
Faculty of Law

Visiting Speakers and Lecturers 2014-2015

Past speakers - Fall 2014

Monday September 8, 2014
1 p.m., Room 515 Macdonald Hall
Marc Moore
University of Cambridge
Law ’80 Lecture in Business Law
Regulatory State Paternalism within Anglo-American Corporate Law

Friday September 26, 2014
1 p.m., Macdonald Hall room 201 
Kimberley Brooks
Dean and Weldon Professor of Law, Dalhousie University Schulich School of Law, Halifax
Feminist Legal Studies Queen's
Why Feminism Matters to the Study of Law

Monday September 29, 2014
1 p.m., Room 201 Macdonald Hall
Dr. Monique Cardinal
Associate Professor of Islamic Studies, Faculté de théologie et de sciences religieuses, Université Laval, Quebec
Co-sponsored with Feminist Legal Studies Queen's
Dissident Judges and Courts in Syria since the Uprising of March 2011

Friday October 3, 2014
1 p.m., Macdonald Hall room 201
Patricia Allard
Associate, Justice Strategies, Brooklyn, and Queen’s University Faculty of Law graduate 1996
Feminist Legal Studies Queen's
Research to Action: Advancing the Needs of Children Facing Parental Incarceration

Monday October 6, 2014
1 p.m., Room 515, Macdonald Hall
David Owens
University of Reading
Wrong by Convention
Some acts (mala in se) are prohibited by law because of the wrongness of the act prohibited (e.g. murder). Other acts (mala prohibita) are prohibited by law because of the desirable consequences of prohibiting them (e.g. traffic violations). I argue that we must acknowledge a third class of wrongs. These wrongs are like typical mala prohibita in that they are wrongs created by social convention. But they are unlike typical mala prohibita in that their prohibition is not to be justified by the desirable consequences of prohibiting them. In this connection, I consider the obligations that one owes to family members and the obligations generated by promises.

 

Monday October 20, 2014
1p.m., Room 515, Macdonald Hall
Justice Barak
Supreme Court of Israel
Human Dignity: The Constitutional Right and Constitutional Value – the Canadian Experience

 

Monday October 20, 2014
5:30p.m., Room 001, Macdonald Hall
Justice Barak
Supreme Court of Israel
Laskin Lecture
Judges as Guardians of the Constitution

Friday October 24, 2014
1 p.m., Room 202 Macdonald Hall
Dr. Adelle Blackett
Associate Professor and William Dawson Scholar, Faculty of Law, McGill University
Feminist Legal Studies Queen's
[Working title] International Law and the Right to Decent Work

Monday October 27, 2014
1 p.m., Room 515 Macdonald Hall
Charlie Webb
London School of Economics
Reason and Restitution

Thursday October 30, 2014
9:30 a.m., Room 12, Dunning Hall
Carl MacArthur
Western University
The Cost Implications of Tax Law
 

Thursday October 30, 2014
5:30-7:00 p.m., Room 001, Macdonald Hall
Judith Resnik
Arthur Liman Professor of Law, Yale Law School
Catriona Gibson Memorial Lecture
Inventing Democratic Courts
In ancient times, judges were loyal servants of the state; members of the audience were passive spectators watching rituals of power, and only certain persons were eligible to participate as disputants, witnesses, or decision makers. In contrast, today, judges are independent actors in complex and critical relationships with the government and with the public, and all persons are equally entitled to participate. But this twentieth-century invention of democratic courts is at risk by processes that undermine the public dimensions of adjudication and undercut arguments for judicial independence. The discussion, drawn from the book Representing Justice: Invention, Controversy, and Rights in City-States and Democratic Courtrooms (Yale Press, 2011), will show - literally through many images - how looking at courthouses and their walls provide windows into how courts became egalitarian venues.

 

Friday October 31, 2014
1 p.m., Room 202, Macdonald Hall
Judith Resnik
Arthur Liman Professor of Law, Yale Law School
Co-sponsored with Feminist Legal Studies Queen's
Representing What: Women, Judges, and Equality in the United States

 

Monday November 10, 2014
1 p.m., Room 211 Macdonald Hall
Virginia Mantouvalou
University College London
CLCW Lecture on Human Rights in the Workplace
The Exploitation of Domestic Workers Under Restrictive Visa Regimes

The regulation of domestic work has often been criticised for placing domestic workers in a precarious position. This seminar will focus on a specific aspect of the law: immigration legislation that ties migrant domestic workers to their employers. On the basis of theoretical and empirical research, it will be argued that the UK 2012 Overseas Domestic Worker visa leads to situations of grave exploitation, and possibly to a breach of European human rights law.

Virginia Mantouvalou is Reader in Human Rights and Labour Law and Co-Director of the UCL Institute for Human Rights. She is also joint editor of Current Legal Problems. Before joining UCL, she taught at the University of Leicester and the London School of Economics. She has also been Dean’s Visiting Scholar at Georgetown University Law Centre in Washington DC.
Virginia has written extensively on human rights, labour law and European law. She completed her PhD in Law at the London School of Economics. She has received several scholarships and awards for her research, including an Arts and Humanities Research Council grant to work on theoretical aspects of social and labour rights. Virginia has also worked as a consultant for projects of the International Labour Organisation. She is on the management board of Kalayaan (organisation working on the rights of migrant domestic workers) and the Equal Rights Trust (organisation promoting equality), and is a collaborator of FLOOR (the Financial Assistance, Land Policy and Global Social Rights project) at Bielefeld University in Germany.

 

Monday November 17, 2014
1 p.m., Room 211 Macdonald Hall
Members of the Bruce Power Board of Directors
Centre for Law in the Contemporary Workplace
Union Participation on Boards of Directors: The Experience of Bruce Power and the Power Workers' Union
Join representatives from the Bruce Power board of directors, representing both the management and union sides of the company, as they engage in a panel discussion about the experience of Bruce Power in integrating union participation with corporate ownership.

 

This talk is currently being rescheduled.
This page will be updated when a new date and time is set.
Tonia Novitz
University of Bristol Douglas Cunningham Lecture in Labour and Employment Law
Evolutionary Trajectories for Transnational Labour Law
This lecture examines the scope for transnational labour law to evolve in various ways, challenging the notion that the International Labour Organisation is rendered otiose by further expansion of ‘trade in services’. In this respect, the content of the new Canada and European Union (EU) Comprehensive Economic and Trade Agreement (CETA) will be considered, alongside other proposed bilateral and multilateral free trade agreements.
Professor Tonia Novitz is Professor of Labour Law at the University of Bristol. She first studied law at the University of Canterbury in New Zealand and qualified there as a Barrister and Solicitor, specialising in employment law and civil litigation. She then studied at Balliol College, Oxford, where she was awarded the BCL and completed her doctorate. She has been a visiting fellow at the International Institute for Labour Studies (Geneva), a Jean Monnet Fellow and a Marie Curie Fellow at the European University Institute (Florence) and a senior visiting fellow at the University of Melbourne. She is a member of the editorial board of the UK Industrial Law Journal, with special responsibility for the Recent Legislation section. She is also a honorary member of Old Square Chambers (non-practising). She has written on UK labour law, international labour standards, EU social policy, EU external relations, and mechanisms for the protection of human rights.
She was author of International and European Protection of the Right to Strike (Oxford University Press, 2003), and has been co-editor of a number of edited collections, including Human Rights at Work (with Colin Fenwick, Hart Publishing, 2010), The Role of Labour Standards in Development (with David Mangan, British Academy Series, Oxford University Press, 2011) and Voices at Work (with Alan Bogg, Oxford University Press, 2014).

 

 

Upcoming speakers

Monday January 12, 2015
1 p.m., Room 201, Macdonald Hall
Dr. Mark Dockstator, President, First Nations University of Canada
Introductory remarks by David Sharpe, Law’95, Queen's Law Alumni Ambassador for Aboriginal Student Recruitment
Contemporary State of Aboriginal Issues in Canada

Thursday, January 15, 2015
1 p.m., Room 515, Macdonald Hall
Nicholas Aroney, University of Queensland, Australia
Comparative Federalism​

Friday, January 16, 2015
1 p.m., Room 211, Macdonald Hall
Professor Wanjiru Njoya, Queen's University
The Dean's Lecture: A Lecture Series to Welcome New Faculty Members
Corporate Governance and Income Inequality in Canada and the U.K.

Friday, January 16, 2015
1 p.m., Room 202, Macdonald Hall
Dr. Anna Dolidze
Assistant Professor, The University of Western Ontario, Faculty of Law; former President, Georgian Young Lawyers' Association, the largest legal advocacy organization in the Republic of Georgia
Feminist Legal Studies Queen's
Talk to Her: Feminist Civil Society Organizations and Gender-related Discourse in International Criminal Tribunals
Much has been written about civil society’s role in creating and strengthening the international criminal tribunals and fostering a greater recognition of women under international criminal law. However, little is known about the specific nature of feminist legal strategies aimed at international law-making. Aiming at advancing the scholarship on feminism and international lawmaking, this paper examines the nature of feminist interventions as amici curiae in international criminal tribunals based on the first comprehensive empirical study of feminist amici curiae interventions in the International Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court.

 

What are the issues in relation to which feminist groups request to be heard by the Tribunals and what is the proportion of feminist interventions relative to the overall number of amicus curiae briefs? How do we interpret the fact that the Coalition for Women's Human Rights in Conflict Situations has requested an amicus curiae intervention in the ICTR in three cases and was denied the opportunity by the Tribunal in all three instances? Or what is the role of women academics in fostering a particular view of gender related issues, considering the fact that women academics are often heard in the capacity of amicus curiae by the international tribunals? The ICTY case of Furundžija (IT-95-17/1) ''Lašva Valley'', where eleven women academics, including Dr. Annie Bunting and Dr. Valerie Oosterveld took part is a pertinent example.

This paper will answer these and related questions with the aim to enrich our knowledge about the relationship between feminism and the formation of international law.

Readings:
The Jurisprudence of the Inter American Court of Human Rights
The Arctic Sunrise and NGOs in International Judicial Proceedings

 

Monday January 19, 2015
1 p.m., Room 515, Macdonald Hall
Jean Leclair
University of Montréal
"Tell me how you see the world, and I will tell you what you intend to prescribe": Nationalism, Holism and Federalism as epistemologies

Monday January 26, 2015
1 p.m., Room 001, Macdonald Hall
The Honourable Stephen T. Goudge
Inaugural McCarthy-Tétrault LLP Lecture
Legal Ethics and Professionalism
The inaugural speaker for the McCarthy Tétrault LLP Annual Lecture in Legal Ethics and Professionalism at Queen’s University’s Faculty of Law, Justice Goudge will address the relation between legal education and legal ethics and professionalism and will include consideration of the role of law schools, Law Societies and the Judiciary to maintain the high ethical and professional standards expected of the legal community. Justice Goudge will also reflect on recent events and developments in the area.

 

Monday February 2, 2015
1 p.m., Room 515, Macdonald Hall
Mitu Gulati
Duke Law School
Law’80 Lecture in Business Law
A Market for Sovereign Control?
Across the world, many regions are located in the wrong nations—wrong in the sense that the people of these regions believe they would be safer, happier, and wealthier if surrounded by different borders and governed by different leaders. These people might be able to improve their lot by voting out their current government or by emigrating, but these are imperfect solutions and are often unavailable to those who need them most. We ask whether the addition of a new tool—a market for sovereign control—could help ameliorate the bad government problem by facilitating welfare-enhancing border changes.

 

Monday February 23, 2015
1 p.m., Room 515, Macdonald Hall
Luc Tremblay
University of Montréal
An Egalitarian Defense of Proportionality-Based Balancing

 

Friday February 27, 2015
1 p.m., Room 202, Macdonald Hall
Sudabeh Mashkuri
Arbitrator, Financial Services Commission of Ontario; previously Adjudicator, Immigration and Refugee Board
of Canada; Senior Staff Lawyer, Barbra Schlifer Commemorative Clinic; Counsel, Equity Initiatives, Law
Society of Upper Canada
Feminist Legal Studies Queen's
Practice, Power, and Intersections of Oppressions in Adjudication and Advocacy: A Practitioner's View Point

Abstract
What does it mean to practice either in advocacy or adjudication through an anti-oppression lens? What are the systemic and individual barriers in attempting to move through the intersection of various oppressions? Anti-oppression framework is a concept which is mostly used in social work theory. This presentation will be based on an experiential framework - advocacy and adjudication. However, background reading provided to those attending provides background on the analysis of intersectionality and oppression from positions of privilege.

 

 

Readings
To those attending my Feb. 27 session --

 

In advance of this session, I ask that you set aside some time to think about how perspectives and perceptions are shaped by experiences of racialization, immigration, privilege, and gender. Some references that address these issues are provided here:

In 1988 Peggy McIntosh wrote an essay called ‘White Privilege: Unpacking the Invisible Knapsack,’ which has been used in the last 25 years in anti-oppression training (in shorter format). It should be noted that the article was written in a US context and reality and many years ago.

Kimberle Crenshaw has written extensively on the intersectionality of race and gender and critical race theory as it relates to the practice of law.  I have included a link to an interview she conducted last year in commemoration of the 20th year of Anita Hill and Clarance Thomas hearings. Crenshaw was on the team representing Anita Hill. http://www.newstatesman.com/lifestyle/2014/04/kimberl-crenshaw-intersectionality-i-wanted-come-everyday-metaphor-anyone-could

Other references that might be useful to you include a paper written by Carole Aylward in the Journal of Critical Race Inquiry entitled ‘Intersectionality: Crossing the Theoretical and Praxis Divide’ in 2010. It gives a background to how intersectionality has been interpreted in Canadian court cases, and Patricia Williams groundbreaking work on  intersectionality in law, The Alchemy of Race and Rights: a diary of a law professor.

 

Monday March 2, 2015
1 p.m., Room 211, Macdonald Hall
Adam MacLeod
Faulkner University
Property and Charity

Friday March 6, 2015
7 p.m., Room 202, Sutherland Hall
Dr. Attiya Waris
University of Nairobi
Feminist Legal Studies Queen's
International Human Rights Law and Tax Justice

Friday March 6 - Saturday 7, 2015
Robert Sutherland Hall
Feminist Legal Studies Queen's Conference
Women and Tax Justice at Beijing+20: Taxing and Budgeting for Sex Equality

Monday March 9, 2015
1 p.m., Room 515, Macdonald Hall
David Plunkett
Dartmouth College
The Metalinguistic Dimension of the Dispute over Legal Positivism

Monday March 23, 2015
4 p.m., Room 201, Macdonald Hall
Martin Loughlin 
JA Corry Lecture
The Politics of Abstraction

Abstract
This lecture addresses a persistent question in the study of law and politics: how are we to explain the role that law performs in establishing and maintaining an orderly and well-functioning political regime? Answers to this question are invariably couched in abstract terms, generally by presenting some vision of a state that is ruled by law. And the problem is that answers at this level of generality mark a retreat into metaphor, thereby signalling the avoidance of all the most difficult – and most interesting - aspects of the question. In order to advance this inquiry, it is suggested, we might begin by unpacking the idea of law. The term has come to stand for a variety of phenomena and unless we fix its meaning the relationship between law and politics will remain forever at the level of the polemical. It is proposed, then, to extract three varying conceptions of law, which will be called law, legality and super-legality. These three conceptions express different degrees of abstraction, and each of these stages in degree of abstraction leads to significant variation in our understanding of the relationship between the legal and the political.

 

Friday March 27, 2015
11:30 a.m., Room 515, Macdonald Hall
John Goldberg
Harvard University
The Fault in Strict Liability

Abstract
It is common for U.S. lawyers and law professors to treat the phrases “strict liability” and “liability without wrongdoing” as equivalents. On this basis, the existence of strict tort liability is taken as evidence that tort law is not fundamentally about wrongs and accountability for wrongs. Rather, it is about imposing liability for regulatory purposes such as deterrence and compensation. The equation of strict liability and liability without wrongdoing ignores a fault-line within the concept of strict liability. Strict liability in fact comes in two variants, and only one refers to liability without wrongdoing. Strict liability without wrongdoing—which we dub “licensing-based” strict liability—can be thought of in terms of a conditional permission: an actor is permitted to engage in certain injury-producing activity but only on condition that he or she cover the costs of those injuries. By contrast, strict liability predicated on wrongdoing—which we dub “objectivity-based” strict liability—involves a failure to live up to an unforgiving (i.e., strict) norm of conduct, one that can be violated even by conduct that is diligent and prudent. Overwhelmingly, strict liability in tort is objectivity-based not licensing-based. To say the same thing, tort law commonly recognizes strict liability wrongs but almost never imposes liability without wrongdoing. Thus, it is erroneous to infer from the presence of strict tort liability to the appropriateness of treating tort law as regulatory law rather than a law of wrongs. Having demonstrated that strict tort liability overwhelmingly involves objectivity-based strict liability, we concede that U.S. tort law contains a small pocket of licensing-based strict liability, namely, the abnormally dangerous activities doctrine derived from Rylands v. Fletcher (1868). We explain why this doctrine involves a distinct form of liability, why it is appropriate for courts and commentators to house this form of liability within tort law, and why their having done so does not support an argument for recognizing additional forms of licensing-based strict tort liability.