Publications ←

We Robot: University of Miami 2014

Mar

15

2014

Tweet Super excited to be going to the third annual robots conference in early April with my wonderful friend Ian Kerr. We just submitted our paper, entitled “Chief Justice John Roberts is a Robot.” Yes, you read that right. Also very psyched that Yale Law Professor Jack Balkin is the paper’s discussant. Can’t wait to ...

The Upside of Dissent in Equality Jurisprudence

Jan

22

2014

Tweet My latest paper tackles the topic of judicial dissent. I wrote it for the 2013 Osgoode Constitutional Cases conference. In it, I explore an intriguing idea: that dissent has helped, rather than hurt, the development of equality rights case law. The Supreme Court of Canada’s incredibly fractured decision in the A case (which deals with spousal ...

“Rational Connections: Oakes, Section 1 and the Charter’s Legal Rights”

Feb

10

2013

Tweet Ottawa Law Review (forthcoming) This piece was written for the Ottawa Law Review’s 2012 Symposium commemorating the 25th anniversary of R. v. Oakes. It has always fascinated me that “rational connection”, the first stage of proportionality analysis under the Charter, was the deciding factor in Oakes but since then has assumed “bit player” status . ...

“Developments in Constitutional Law – The 2010-2011 Term”

Mar

1

2011

Tweet (with Michael Plaxton) (2011) 55 The Supreme Court Law Review (2d) 47-161 Download a preprint of this article

“‘The question calls for an answer, and I propose to answer it’: The Patriation Reference as Constitutional Method”

Jan

1

2011

Tweet (2011) 54 The Supreme Court Law Review (2d) 143-166. I was invited to contribute this piece as part of a commemorative panel on the Patriation Reference at the Osgoode 2010 Constitutional Cases Conference. While most people analyze the Reference for what it says about constitutional conventions, I took a different approach. I wanted to ...

“Developments in Constitutional Law – The 2009-2010 Term”

Feb

1

2010

Tweet (with Michael Plaxton) (2010) 52 The Supreme Court Law Review 65-164

“Developments in Constitutional Law – The 2008-2009 Term”

Feb

1

2009

Tweet (2009) 48 The Supreme Court Law Review 71-120