New Book by Professor Patricia Cochran

Congratulations to Assistant Professor Patricia Cochran, on her recent publication, Common Sense & Legal Judgment: Community Knowledge, Political Power, and Rhetorical Practice.

Find her book in print through the Law Library! – http://voyager.library.uvic.ca/vwebv/holdingsInfo?bibId=3992202

Summary of her new book from McGill-Queen’s University Press:

What does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law?

Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light. A call for critical self-reflection and the close scrutiny of power relationships and social contexts, this book is a direct response to social justice predicaments and their confounding relationships to law.

Check out some of her other publications available through the Uvic Libraries collection:

Trinity Western University, et al v Law Society of Upper Canada webcast

Oral argument in the Trinity Western University, et al v Law Society of Upper matter is being delivered today and tomorrow at the Supreme Court of Canada.

The case has generated considerable interest in the legal community throughout its path. Read the SCC summary of the case and the factums of the parties and interveners for background or refresher.

If you are interested in watching the oral arguments live today and tomorrow, you can do so via the SCC webcast.

The video recording of oral arguments will be archived; look for a link to it under the case file.

 

Exam Period at the Law Library: Extended Hours and Room Bookings

As we enter the last week of term, we wish all students the best for exams, papers, and assignments. We wish to ensure we offer all law students the support and study environment that is needed at this time. We alert all library users to the following updates and reminders:

  • Extended study period and exam hours began on Friday, November 24 and runs until Thursday, December 14, inclusive.
  • Extended weekend hours are now in place, with the law library open until 10 pm Saturdays and Sundays.
  • Fridays during this period we are open 2 additional hours, until 8pm. This is a pilot for this term.
  • During this period all group study rooms and individual study carrels will be reserved for law student use only. This will continue until law library staff see a significant decline in use by law students, or until December 14, whichever comes first. Group study rooms and study carrels may be booked at the loan desk.
  • Finally, we trust all law library users will respect the increased need for quiet study at this time.

Professor Asad Kiyani Awarded the Antonio Cassese Prize

Congratulations to Professor Asad Kiyani who was awarded the Antonio Casses Prize for International Criminal Law Studies for 2015-2016!  The award is given to authors of the most original and innovative papers published in the Journal of International Criminal Justice in the two years proceeding the award. Dr. Asad Kiyani was commended for his article, “Group-Based Differentiation and Local Repression: The custom and Curse of Selectivity.

https://law.uwo.ca/about_us/our_people/faculty/images/asad_kiyani.png

An announcement by the Journal of International Criminal Justice:

Although much has been written on selectivity in international criminal justice, the Board believes that Dr Kiyani’s approach offers a novel and, most importantly, well thought-through methodology that will make an original and substantial contribution to the theme.

Congratulations to Dr. Miles Jackson of Oxford University who also won the prize for 2015-2016! You can read the full announcement here.

Check out some of Dr. Kiyani’s other work held through the UVic Libraries collection:

Congratulations!

 

Reconciliation : Wahkohtowin Conference (webcast now available)

This past September, several current graduate students at the UVic Faculty of Law presented papers at the Reconciliation: Wahkotowin Conference in Edmonton. The conference, hosted by the University of Alberta’s Centre for Constitutional Studies, brought together scholars, Indigenous Elders, community members, policy makers, and students to discuss Indigenous law and reconciliation.

The conference was the third in a series of conferences held in 2017 on Canadian constitutional law as part of the Constitution 150 project organized by the Public Law Group at the University of Ottawa, the Centre for Constitutional Studies, and the Université de Montréal.

From the Conference website:

Inspired by the insights of the Truth and Reconciliation Commission, the Royal Commission on Aboriginal Peoples, UNDRIP and the treaty relationships that constitute Canada’s first constitutional law, our conference will focus on how to translate the spirit of reconciliation into constitutional text, practice, culture, and law. Is constitutional reconciliation the appropriate concept to pursue? If so, how might it be accomplished? We are particularly interested in the ways in which Indigenous laws and Indigenous constitutionalism can serve as models to chart a path forward, or provide a re-imagining of constitutional relationships within Canada.

UVic graduate students who presented included:

  • Alan Hanna (Faculty of Law, PhD candidate) presenting his paper “The Ties that Liberate: A Theory of Relationality in Substantiating Indigenous Legal Obligations” as part of the panel on Treaties and Relations.

You can watch the full set of webcasts on the Wahkohtowin Conference YouTube Playlist.

Papers presented at the conference will be published in upcoming issues of  the Constitutional Forum and the Review of Constitutional Studies.

Nov 9 Panel Discussion: Ktunaxa Nation

Learn about and discuss last week’s decision Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54. Hear from scholars from UVic Faculty of Law, UVic Indigenous Law Research Unit, and Department of Political Science: Avigail Eisenberg, Darcy Lindberg, Alan Hanna, and Stacie Swain.

Where:   Room 152, Fraser Building
When:    Thursday, Nov 9, 12:30 pm

There will be opportunity for questions and discussion.

Selected further reading: