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Les Jacobs

Department of Social Science

Professor
Director, Institute for Social Research
Academic Director, Canadian Forum on Civil Justice, 3034 Osgoode Hall Law School
 
Office: Technology Enhanced Learning Building, 5054
Phone: (416)736-2100 Ext: 44661
Emailjacobs@yorku.ca
 
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Les Jacobs is Professor of Law & Society and Political Science and Director of the Institute for Social Research at York University. He is also the past Executive Director and now Senior Research Fellow of the Canadian Forum on Civil Justice, a pan-Canadian access to justice NGO housed at Osgoode Hall Law School. For 2015-2016, he is the Fulbright Distinguished Research Chair at the Woodrow Wilson Center, Smithsonian Institution, Washington, D.C. He completed his PhD at Oxford University. He has also held a range of visiting appointments including at University of California, Berkeley, Harvard Law School, University of British Columbia, Wolfson College, Oxford, Emory University, Waseda Law School, and the Law Commission of Canada. He is the author of numerous books including Rights and Deprivation (Oxford University Press, 1993, ebook edition 2012), The Democratic Vision of Politics (Simon & Schuster, 1997), Pursuing Equal Opportunities: The Theory and Practice of Egalitarian Justice (Cambridge University Press, 2004), Balancing Competing Human Rights in a Diverse Society (Irwin Law Books, 2012), Linking Global Trade and Human Rights: New Policy Space in Hard Economic Times (Cambridge University Press, 2014), and Privacy Rights in the Global Digital Economy: Legal Problems and Canadian Paths to Justice (Irwin Law Books, 2014).

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Research Interests

Human Rights , Law and Justice , Public Policy, Health and Human Rights, Access to Justice

Current Research Projects

  • The Impact of New Opportunities for International Legal Mobilization by Nonstate Actors on Canada-United States Relations: Mapping the Trans-Pacific Partnership  more...
  • Evolving Legal Services Research Project  more...
  • Grey Zones of Global Governance: The Elusive Quest For Consensus  more...
  • The New Rights Politics in Canada: The Impact of Legal Mobilization in the International Arena on Domestic Public Policy  more...
  • The Cost of Justice: Weighing the costs of fair and effective resolution to legal problems  more...
  • Ottawa Police Traffic Stop Race Data Collection Project   more...
  • The WHO Framework Convention for Tobacco Control: Rights-based International Law Without Opportunities for Legal Mobilization  more...

All Publications

Books

Linking Global Trade and Human Rights: New Policy Space in Hard Economic Times. New York: Cambridge University Press, 2014

Privacy Rights in the Global Digital Economy: A Canadian Perspective. Toronto: Irwin Law Books, 2014.

Balancing Competing Human Rights in a Diverse Society. Toronto: Irwin Law Books with the Ontario Human Rights Commission, 2012.

Pursuing Equal Opportunities: The Theory and Practice of Egalitarian Justice. (New York: Cambridge University Press, 2004) Pp. xiv & 280 .
Chinese translation of Pursuing Equal Opportunities. (Shanghai: Jilin Publishing Group, 2007) , Pp. 365

(Co-edited with R. Vandewetering), John Stuart Mill's 'The Subjection of Women': HisContemporary and Modern Critics. (New York, Caravan Books, 1999.) Includes Introduction by Editors (43 pages). Pp. 436.

The Democratic Vision of Politics. (Saddle Creek, NJ: Prentice-Hall/Simon & Schuster, 1997) Pp. xvi & 145.
Chinese translation of The Democratic Vision of Politics, with a new extended Preface for Chinese Readers. (Beijing: The Radio & TV Publishing House of China, 1999.) Pp. 234.

Workfare: Does It Work? Is It Fair? ( Montreal: Institute for Research on Public Policy/Renouf Publications, 1995) . Pp. 145.

Rights and Deprivation (Oxford: Oxford University Press, Clarendon Imprint, 1993) Pp. x & 230 Republished as an Ebook by Oxford Scholarship Online in January 2012.

Co-editor, Out of Apathy: Voices of the New Left Thirty Years on. (London: Verso Books, 1989.)

Monographs

The Globalization of the Race Relations Policy Dialogue, (Special volume of Directions, September 2011), publication of the Canadian Race Relations Foundation. Digital version available at http://www.crr.ca/diversfiles/directions/vol6No2VersionWeb.pdf

Canadian Diversity, Volume X: Balancing Competing Human Rights Claims (Ottawa: Govenrment of Canada, November 1 2010). Digitial version available http://www.ohrc.on.ca/en/resources/discussion_consultation/Balancing%20competing%20human%20rights_Diversity%20Magazine_2010.pdf

Book Chapters

“Global Tobacco Control Law and Trade Liberalization: New Policy Spaces?” in Daniel Drache & Lesley Jacobs (EDS.), Linking Global Trade and Human Rights. New York: Cambridge University Press, 2014). Chapter 6.

(with Daniel Drache) , “Emerging Policy Spaces During Global Economic Crises” in Daniel Drache & Lesley Jacobs (EDS.), Linking Global Trade and Human Rights: New Policy Space During Hard Economic Times. (New York: Cambridge University Press, 2014) . Pp. 1-26.

(with Lorne Foster) , “The Ontario Human Rights Commission and the Framework for Mapping and Addressing Competing Human Rights” in Shelagh Day, Lucie Lamarche, & Ken Norman (EDS.), 14 Reasons for Human Rights Institutions (Toronto: Irwin Law Books, 2014) ch. 13.

(with Ilan Vertinsky) , “Fairness in Business” in Janis Sarra (ED.), An Exploration of Fairness: Interdisciplinary inquiries in law, science and the humanities (Toronto: Carswell Publishers, 2013), pp. 293-305.

“A Vision of Equal Opportunity in Postsecondary Education” in Heinz-Dieter Meyer, Edward P. St. John, Maia Chankseliani, & Lina Uribe (EDS.), Fairness in Access to Higher Education in a Global Perspective: Reconciling Excellence, Efficiency, and Justice (Boston: Sense Publishers, 2013), pp. 41-56.

“Forward: Transitional Justice Without Law” to Feiyu Sun, Social Suffering and Political Confession: Suku in Modern China (Singapore: World Scientific Press/Peking University Series on Sociology and Anthropology, 2013), pp. xi-xiii.

“Adapting Locally to International Health and Human Rights Standards: An Alternative Theoretical Framework for Progressive Realization” in Mikael Rask Madsen & Gert Verschraegen, editors, Making Human Rights Intelligible: New Theoretical and Empirical Contributions (Oxford UK: Hart Publishing, IISJ Book Series, 2013), pp. 233-246.

“Gender, Trade Liberalization, and Tobacco Control in China” in Pitman Potter and Heather Gibb, Eds., Gender Equality Rights and Trade Regimes: Coordinating Compliance (Ottawa: North South Institute, 2012), pp. 141-158.

“China's Capacity to Respond to the H1N1 Pandemic Alert and Future Global Public Health Crises: A Policy Window For Canada” in Pitman Potter & Thomas Adams, Eds., Issues in Canada-China Relations (Toronto: Canadian International Council, 2011), Pp. 333-343.

“Rawls’s Commitment to Fair Equality of Opportunity: Rethinking His Arguments for Democratic Equality Four Decades Later” in Shaun Young, editor, Reflections on Rawls: An Assessment of his Legacy (Aldershot UK: Ashgate Publishing: 2009) Pp. 61-73.

“Rights and Quarantine (Full Length Study)” in both English and Chinese, in Gu Xiao Rong & Pitman B. Potter, editors, The Hypothesis of Selective Adaptation and the Application of Chinese Rule of Law (Shanghai CH: Shanghai Academy of the Social Sciences Publication, September 2009), Pp. 134-183; 185-244.

“Equality” in David Clark, editor, The Encyclopedia of Law and Society: American and Global Perspectives, vol 1, 499-502. Thousand Oaks CA: Sage Publications, October 2007.

“John Rawls” (500 words) in David Clark, editor, The Encyclopedia of Law and Society: American and Global Perspectives, vol 3, 1269-70. Thousand Oaks CA: Sage Publications, October 2007.

‘Justice in Health Care’ in Justine Burley, editor, Ronald Dworkin and His Critics, with Replies by Dworkin (Oxford: Blackwells, 2004), pp. 134-49

‘Democratie et politique de la difference’ in Lukas K. Sosoe, editor, Diversite Humaine: Democratie, Multiculturalisme, et Citoyennete (Montreal: Les Presses de l’Universite Laval, 2002).

“Biodiversity: Implications for Democratic Theory’ in G. Cornelis van Kooten, Erwin Bulte, & A. R. E. Sinclair, editors, Conserving Nature’s Diversity: Insights from Biology, Ethics, and Economics (Aldershot, UK: Ashgate Publishers, 2000).

(with P. Evans, A. Noel, and E. Reynolds), Workfare: Does It Work? Is It Fair? (Montreal: Institute for Research on Public Policy/Renouf Publications, 1995). Pp. 145. “Chapter 1: What are the normative foundations of workfare?”
Shortened version reprinted as 'What are the Normative Foundations of Workfare?', Policy Options, Vol. 16, No. 4 (May 1995), 10-15.

'Realizing Equal Life Prospects: The Case for a Perfectionist Theory of Fair Shares' in Glenn Drover & Patrick Kerans (eds.) New Approaches to Welfare Theory. London: Edward Alger, 1993.

Journal Articles

(with Lorne Foster) , “Workplace Practice and Diversity in Canada: Employment Policy in Global Modernity”, Think India Quarterly, 2012, vol. 15, Issue 3, 57-72.

(with Sarbani Sen) , “The Distinctive Character of Legal Adversarialism in India”, Canada Watch, Special Issue on India: The Most Fragile of Democracies, Winter 2012, 20-23. Digital version available at http://robarts.info.yorku.ca/files/2012/02/CW_Winter2012.pdf

“The Globalization of the Race Relations Policy Dialogue”, Directions, vol. 6, no. 2, (September 2011), 5-10 (Also in French translation)

“Equality, Adequacy and Stakes Fairness: Retrieving the Equal Opportunities in Education Approach”, Theory and Research in Education, 8.3 (November 2010), 1-20.

“Rights and Quarantine During the SARS Global Health Crisis: Differentiated Legal Consciousness in Hong Kong, Shanghai, and Toronto”, Law & Society Review, Vol 41/3 (Sept 2007), 511-553.

“Global Health Governance”, Windsor Review of Legal and Social Issues, vol 23 (June 2007) , 123-129

(with Pitman Potter) , “Selective Adaptation and Health and Human Rights in China”, Health and Human Rights, Vol. 9/2 (November 2006), 142-166

“Universal Hospital Insurance and Health Care Reform: Policy Legacies and Path Dependency in the Development of Canada’s Health Care System”, Buffalo Law Review (2005), Vol. 53, No. 2, 635-661.

‘Legal Consciousness and the Promise of Law & Society’, The Canadian Journal of Law & Society (2003), vol 18, 61-66.

‘Securer Freedom For Whom? Risk Profiling and the New Anti-Terrorism Act’, UBC Law Review, (2003), 36(2), 375-84

‘Affirmative Action in Canada’, Law & Society Association Newsletter (Amherst MA), March 2003, pp. 3-4. (Special issue devoted to Grutter v. Bollinger, the University of Michigan affirmative action case)

‘Whose Constitution Is It Anyway?’, Windsor Yearbook Access to Justice, (2002), vol 21, 641-651.

‘Universal Access to Health Care: For Whom? To What?’, Literary Review of Canada, November 1999, 24-27.

‘Market Socialism and Non-Utopian Marxist Theory’, Philosophy of the Social Sciences,(1999) Vol. 29, No. 4 , 527-39.

'Equal Opportunity, Natural Inequalities, and Racial Disadvantage: The Bell Curve and Its Critics', Philosophy of the Social Sciences,(1999) Vol. 29, No. 1, pp. 120-144.

‘Integration, Diversity, and Affirmative Action’, Law and Society Review, (1998) Vol. 32, No. 3, 101- 122.

'Can an Egalitarian Justify Universal Access to Health Care?', Social Theory and Practice, Vol. 22: 3 (Fall 1996), 315-48.

'The Second Wave of Analytical Marxism', Philosophy of the Social Sciences, Vol. 26, No. 2 (June 1996), 279-92.

'Equity and Opportunity' in P. Gingras (ed.), Gender and Politics in Contemporary Canada. (Toronto: Oxford University Press, 1995)

'Equal Opportunity and Gender Disadvantage', The Canadian Journal of Law and Jurisprudence, VII (1994), 61-71.

‘The Enabling Model of Rights', Political Studies, Vol. 41, No. 3 (September 1993), 381-93.

'Bridging the Gap Between Individual and Collective Rights With the Idea of Integrity', The Canadian Journal of Law and Jurisprudence, Vol. IV, No. 2 (July 1991), 375-386.

Book Reviews

Review of McEvoy & McGregor, Transitional Justice From Below (2008), Law and Politics Review, 19 (February 2009), 117-119. Available at http://www.bsos.umd.edu/gvpt/lpbr/reviews/2009/02/transitional-justice-from-below.html

‘Review essay on LaSelva’s The Moral Foundations of Canadian Federalism: Federalism and National Minorities’, University of Toronto Law Journal,(1999) Vol. 49, No. 2, pp. 295-304

Review of Constance Backhouse's Petticoats and Prejudice: Women and Law in Nineteenth-Century Canada for The Canadian Journal of Political Science, Vol. XXV, No. 4 (1992), 397-98.

Research Reports

China Papers #12: China's Capacity to Respond to the H1N1 Pandemic Alert and Future Global Public Health Crises: A Policy Window For Canada (Toronto, Canadian International Council, June 2010), available at http://www.onlinecic.org/resourcece/archives/chinapapers/cic_chinapapers_no12_jacobspdf

Policy Papers

“Mapping the Legal Consciousness of First Nations Voters: Understanding Voting Rights Mobilization”, (in English and French) (Ottawa, Elections Canada, May 2009), available at http://www.elections.ca/med/eve/APRC/vot_rights_e.pdf
Reprinted in Julie Peters and Jerry White, editors, Aboriginal Policy and Research in Canada (Toronto: Thompson Educational, forthcoming).

Forthcoming

(with Mayumi Saegusa, in Japanese) , “Changes in Japanese Tobacco Control: A Health and Human Rights Perspective” in Yoshi Wada, editor, International Law in Japanese Dispute Resolution (Tokyo JP: ?, forthcoming 2009).

(with Sarah Biddulph & Pitman Potter) , “Between Cultural Relativism and Uniform International Compliance: An Empirical Framework for Judging China’s Human Rights Performance” China Human Rights Yearbook 2007 (Geneva SW: UN University Press, forthcoming)

“Varieties of Corporate Legal Consciousness in International Human Rights Disputes: Security and Multinational Oil Companies in Sudan” in Michelle Le Baron, editor, Cross-Cultural Perspectives on Dispute Resolution (Fairfax VA: George Mason University Press, forthcoming)
Appears working paper form in APDR Research Notes, Vol. 1, No. 3, 37-49, available at http://apdr.iar.ubc.ca/publications/ejournal.php

Upcoming Courses

TermCourse NumberSectionTitleType 
Fall/Winter 2015-2016 AP/SOSC4370 6.0  State of the Art in Law & Society LECT  


Les Jacobs is Professor of Law & Society and Political Science and Director of the Institute for Social Research at York University. He is also the past Executive Director and now Senior Research Fellow of the Canadian Forum on Civil Justice, a pan-Canadian access to justice NGO housed at Osgoode Hall Law School. For 2015-2016, he is the Fulbright Distinguished Research Chair at the Woodrow Wilson Center, Smithsonian Institution, Washington, D.C. He completed his PhD at Oxford University. He has also held a range of visiting appointments including at University of California, Berkeley, Harvard Law School, University of British Columbia, Wolfson College, Oxford, Emory University, Waseda Law School, and the Law Commission of Canada. He is the author of numerous books including Rights and Deprivation (Oxford University Press, 1993, ebook edition 2012), The Democratic Vision of Politics (Simon & Schuster, 1997), Pursuing Equal Opportunities: The Theory and Practice of Egalitarian Justice (Cambridge University Press, 2004), Balancing Competing Human Rights in a Diverse Society (Irwin Law Books, 2012), Linking Global Trade and Human Rights: New Policy Space in Hard Economic Times (Cambridge University Press, 2014), and Privacy Rights in the Global Digital Economy: Legal Problems and Canadian Paths to Justice (Irwin Law Books, 2014).


Research Interests: comparative public policy (esp. equal opportunities policy, income policy, health law and policy, human rights, access to justice) focused mainly on public policy and law in Canada, USA, China, and other countries on the Asia Pacific Rim; empirical social-legal research; courts and social policy; intersections between international human rights law and international economic law; global health and human rights; and theoretical work on social justice EDUCATION D.Phil., Politics, Oxford University, U.K., 1990 M.A., Political Science, University of Western Ontario, 1986 B.A. Honours, Political Science & Philosophy, University of Western Ontario, 1985 FULL-TIME EMPLOYMENT HISTORY 2007- Full Professor, York University 1995-2007 Associate Professor, York University 1993-95 Assistant Professor, York University 1990-93 Assistant Professor, Political Science, University of British Columbia 1989-90 Lecturer, Politics, Magdalen College, Oxford University UNIVERSITY ADMINISTRATIVE APPOINTMENTS HISTORY 2008 – 2011 Director, York Centre for Public Policy & Law 2010-2011 Coordinator, Graduate Diploma in Justice System Administration 2005-2006 Director, Graduate SPT Program, York University 2002-2004 Coordinator, Criminology Program, York University 1995-97, 2001-2003 Director, Law & Society Program, York University OTHER CURRENT NON-UNIVERSITY APPOINTMENTS Academic Director, Canadian Forum on Civil Justice (2011-2013) Project Co-Director, SSHRC CURA The Costs of Justice (2011-2016) Research Advisory Team, Ottawa Police Service Race Data in Traffic Stops Collection Project (2012-2013) Research Advisory Board, Community Legal Education Ontario (2012- ) Research Advisory Board, Law Commission of Ontario, www.lco.on.ca (2008-2012) Research Advisory Board, Association of Canadian Court Administrators (2010- ) Leader, Canada Team of Researchers, SSHRC MCRI Asia Pacific Dispute Resolution Project (2003-2016) Guest Co-Editor, Canadian Diversity (Summer 2010 Issue) Co-Editor (with Pitman Potter, UBC), UBC Press New Series on Asia Pacific Legal Cultures Guest Editor, Canadian Race Relations Foundation Journal: Directions (2010-2011) Editorial Board, Law and Politics Review (2009- ) Editorial Board, Open Law Journal (2007- ) Regular Justice Columnist, www.slaw.ca (Canada’s online legal magazine) (2011- ) VISITING APPOINTMENTS 2010 (July/August) Visiting Researcher, Institute of Human Rights, Rollins School of Public Health, Emory University 2010 (March) Distinguished Visiting Professor, Transnational Law Program, Waseda University Law School, Tokyo 2006-07 SSHRC Virtual Scholar in Residence, Law Commission of Canada, Ottawa, Canada 2004-05 Visiting Fellow, Centre of Criminology, University of Toronto 2001 (Summer) Visiting Associate Professor of Political Science, University of British Columbia 1997-98 Liberal Arts Fellow, Harvard Law School 1994 (Trinity Term) Visiting Fellow, Centre for Socio-Legal Studies, Wolfson College, Oxford University 1993 (Spring Term) Visiting Scholar, University of California, Berkeley

Degrees

D.Phil., Politics, Oxford University
M.A., Political Science, University of Western Ontario
B.A. Honours, Political Science & Philosophy, University of Western Ontario
LLM Special Student Status (as Liberal Arts Fellow), Harvard Law School

Professional Leadership

Academic Director, Canadian Forum on Civil Justice (2011-2013) Project Co-Director, SSHRC CURA The Costs of Justice (2011-2016) Research Advisory Team, Ottawa Police Service Race Data in Traffic Stops Collection Project (2012-2013) Research Advisory Board, Community Legal Education Ontario (2012- ) Research Advisory Board, Law Commission of Ontario, www.lco.on.ca (2008-2012) Research Advisory Board, Association of Canadian Court Administrators (2010-2012) Leader, Canada Team of Researchers, SSHRC MCRI Asia Pacific Dispute Resolution Project (2003-2016) Guest Co-Editor, Canadian Diversity (Summer 2010 Issue) Co-Editor (with Pitman Potter, UBC), UBC Press New Series on Asia Pacific Legal Cultures Guest Editor, Canadian Race Relations Foundation Journal: Directions (2010-2011) Editorial Board, Law and Politics Review (2009- ) Editorial Board, Open Law Journal (2007- ) Regular Justice Columnist, www.slaw.ca (Canada’s online legal magazine) (2011- )


Research Interests:

Human Rights , Law and Justice , Public Policy, Health and Human Rights, Access to Justice

Current Research Projects

  • The Impact of New Opportunities for International Legal Mobilization by Nonstate Actors on Canada-United States Relations: Mapping the Trans-Pacific Partnership
    Summary: 
    Non-state actors bring complaints before international dispute bodies in order to address specific issues, improve their existing circumstances, and affect public policy space. NAFTA was a pioneer in international economic law by providing non-state actors with opportunities for legal mobilization. The idea that legal mobilization under NAFTA has impacted Canada-US relations is well recognized. Recently, both countries have entered into the Trans-Pacific Partnership negotiations, which are likely to create new opportunities for international legal mobilization for non-state actors. The focus for my Fulbright research project is on the impact of these new opportunities on Canada-US relations.

    Role: Principal Investigator

    Start Date:  Month: Jan  Year: 2016
    End Date:  Month: Jun  Year: 2016

  • Evolving Legal Services Research Project
    Summary: 
    How can public legal education and information help Canadians get justice in our legal system? With the demand for publicly-funded or low-cost legal services far exceeding the supply, public legal education and information (PLEI) is filling an increasingly larger role in meeting the legal needs of people with modest means. Yet we know relatively little about how PLEI can help people deal with their civil legal problems. This research project examines the effectiveness of PLEI in helping low- and modest-income people address their civil legal problems. The research, conducted at sites in Ontario and British Columbia, will look at PLEI provided at various points along the legal services continuum, with the goal of identifying when PLEI is effective on a primarily stand-alone or self-help basis and when a fuller continuum of legal services, including PLEI, is required.

    Role: Research Director

    Start Date:  Month: Jan  Year: 2015
    End Date:  Month: Dec  Year: 2017

    Collaborator: Julie Mathews
    Collaborator Institution: Community Legal Education Ontario (CLEO)
    Collaborator Role: Executive Director

  • Grey Zones of Global Governance: The Elusive Quest For Consensus
    Summary: 
    Over the past twenty-five years, global governance has been an ever-expanding circle, characterized by the establishment of new international institutions and new international law instruments designed to identify points of consensus on global public goods. Much of this expansion of global governance has occurred in the realm of trade relations where the global political economy has been transformed by endless new bilateral and multilateral trade agreements. These developments in global governance have occurred in tandem with an emphasis on opening up domestic markets to global competition. The prevalent view is that global governance has provided us with a reliable and consistent playing field for the development of public policy and the actions of multinational corporations. There are good reasons, however, to be skeptical about this portrayal of global governance. This is especially the case since the financial crisis of 2008. Much of the dominant thinking about global governance has been problematized. Global governance was not operationalized during that crisis in the ways that were anticipated. Since then, other ongoing crises have reinforced that the prevalent view of global governance is misconceived. In the case of the global food crisis, agricultural subsidies by individual governments, which traditionally were seen as the antithesis of uniform global governance, are now no longer the target of attack because all parties have agreed to a five year moratorium on questioning their value. In the case of climate change, the idea that what is needed is a global compact has been superseded by a bilateral agreement between China and the United States, the biggest polluters, where both countries are looking for assurances from the other that they will act to address the problem. Finally, rather than seeing the ascendance of the World Trade Organization (WTO), we have been witness to the surprising weakening of the WTO and the emergence of regional trade negotiations such as the Trans Pacific Partnership (TPP), which are better able to adapt to shifts in the global economy. This book offers multi-perspectives on the elusive quest for consensus in global governance. It suggests that despite all of the efforts to endlessly expand the circle of global governance, far less has been achieved in terms of advancing global public goods by international trade and human rights law than is typically acknowledged. Elsewhere, we have argued that although international trade and human rights law – a prevalent instrument of global governance -- is often viewed as reducing domestic policy space, the actual dynamic between these international law instruments and policy space is much more complex. Rather than constraining policy choices, these instruments can create new opportunities for policy development, in effect, enabling the use of policy space, not reducing it. The point is that domestic policy space represents a realm in market societies where there is flexibility and opportunities for policy innovation, and that the mechanisms and techniques of global governance facilitate policy space. In this book, our focus shifts from domestic policy space to the realms of global governance that govern relations between countries. The four issues that prevail today in relations between countries and provide opportunities for innovation in global governance are climate change, food security, labour rights, and foreign investor protection. These realms are spaces where the foreign policies or external affairs of different countries intersect. Global governance is typically portrayed as subjecting these realms to uniform regulations and practices. For example, in the case of disputes between two countries regarding subsidies or dumping, the expanding reach of global governance is oriented towards ensuring uniform ways to resolve such disputes through an arms length dispute resolution mechanism. Our argument here is that in many of these realms, the appearance of global governance providing uniformity and consistency is an illusion. Instead, these realms constitute grey zones where there is an immense amount of flexibility, non-conformity, and diversity, much of it shaped by the dynamic between the countries involved in the dispute or negotiation. Rather than seeing global governance as providing black and white parameters on these realms or zones, it is much more accurate to view these zones as grey ones where little is initially settled and even less can be taken for grant. These grey zones reflect the importance of having exceptions to rules, creating opportunities for exceptions. Existing rules in these zones can be suspended or ignored in order to respond to issues or crises. Grey zones are spaces where countries adapt incrementally to structural change and new circumstances. They enable countries to experiment with new modes of governance. This is well represented in the examples given above from the 2008 financial crisis, climate change, and the emergence of regional trade agreements. Significantly, countries operating in these grey zones turn to their own national institutions or regional ones for innovative solutions or resolutions to disputes rather than established institutions of global governance such as the WTO Dispute Resolution Mechanism. Countries enter these grey zones of global governance with a variety of strategies: seeking assurance from their counterparts; promoting their narrow self-interest; and the advancement of global public goods. Many also face intense pressure from their own citizens and social movements in civil society to avoid conforming too readily to models of international economic law that diminish the capacity of states to prioritize the public interest over that of foreign investors and multinational corporations. These zones provide opportunities for proximal development in the sense that they stretch the status quo, but only within certain limitations.

    Project Type: Funded
    Role: Co-Author

    Start Date:  Month: Jan  Year: 2013
    End Date:  Month: Dec  Year: 2015

    Collaborator: Daniel Drache
    Collaborator Institution: York University
    Collaborator Role: Co-Author

  • The New Rights Politics in Canada: The Impact of Legal Mobilization in the International Arena on Domestic Public Policy
    Summary: 
    Canadians have increasingly turned to non-binding international dispute forums for rights protection involving traditional domestic policy disputes. This rights mobilization by Canadians reflects the global trend of increasing litigation in international courts. These international courts are now much more open to nonstate actors – including organizations and individuals – initiating litigations. Permanent international courts have together issued 37,000 binding rulings, 91% of them since 1990 (Alter, 2014). There have been many more non-binding rulings by international dispute settlement commissions and tribunals. International and regional dispute settlement bodies can be viewed as providing alternative paths to justice (Dembour & Kelly, 2007). The fact that more and more Canadians are choosing these new paths for rights protection in international arenas is surprising, however, because international or regional dispute settlement forums rarely issue decisions that are binding, enforceable or conclusive in Canada. This project examines why Canadians pursue claims before international court-like bodies that are neither binding nor able to address issues with any finality. It situates international dispute resolution bodies within an evolving structure of multilevel governance where there are growing opportunities for rights mobilization by nonstate actors. International dispute bodies are able to circumvent domestic political and legal barriers that hinder rights protection in domestic courts. Litigants are increasingly challenging the status quo in domestic politics by initiating claims before international commissions and tribunals that are neither administered by, nor accountable to, Canadian authorities. These venues provide litigants an opportunity both to pursue their claims and, in many cases, subject domestic law and policy arrangements to foreign quasi-judicial review. In the most general terms, the theme of this project is an access to justice one: how is access to international justice affecting domestic policy issues. Our proposal is to examine rights-based complaints initiated by Canadians before three non-binding international dispute mechanisms that operate outside of the country’s domestic legal system: (1) the Commission for Environmental Cooperation under the North American Free Trade Agreement (NAFTA), which investigates complaints that domestic environmental laws are not being effectively enforced; (2) the Human Rights Committee (HRC) of the United Nations (UN), which assesses complaints about failure to comply with the International Covenant on Civil and Political Rights; and, (3) the Freedom of Association Committee of the International Labour Organization (ILO), which is a standards-setting mechanism for complaints about the lack of freedom of association for workers. We selected these three forums for two principal reasons: first, they address substantive policy issues that are pressing for both the Government of Canada and provincial governments, and, second, their decisions are not binding nor enforceable in the Canadian legal system, unlike for example the NAFTA investor process. The broad research objective is to show that Canadians bring rights-based complaints before nonbinding international and regional dispute settlement bodies in order to address specific issues or problems, modify and improve their existing circumstances, and at times, change the nature and direction of public policy at home in Canada. This finding challenges the conventional understanding of political scientists and legal scholars that non-binding international dispute settlement arenas are seriously limited in their capacity to protect rights, resolve legal issues, or effect political and social change. Researchers in Canada and elsewhere have for the past two decades been studying domestic courts as one of the paths to justice for rights protection, focusing on what people think and do about going to these institutions (Genn, 1999). Our intention is to show how international and regional dispute settlement bodies also offer paths to rights protection for Canadians in the domestic policy realm.

    Role: Joint Principal Investigator

    Start Date:  Month: May  Year: 2015
    End Date:  Month: Apr  Year: 2019

    Collaborator: Jacqueline Krikorian
    Collaborator Institution: York University
    Collaborator Role: Joint Principal Investigator

  • The Cost of Justice: Weighing the costs of fair and effective resolution to legal problems
    Summary: 
    The Cost of Justice project (2011-2016) examines the social and economic costs of Canada’s justice system. Comprised of leading access to justice researchers investigating the various dimensions of cost across the country, the Cost of Justice project is producing empirical data that will inform the future of access to justice in Canada.

    Project Type: Funded
    Role: Project Co-Director

    Start Date:  Month: Sep  Year: 2011
    End Date:  Month: Apr  Year: 2016

    Collaborator: Trevor Farrow
    Collaborator Institution: York University
    Collaborator Role: Project Co-Director

  • Ottawa Police Traffic Stop Race Data Collection Project
    Summary: 
    The Project is the result of a settlement agreement between the Ontario Human Rights Commission (OHRC) and the Ottawa Police Services Board (OPSB). As per the agreement, officers will record their perception of driver race at traffic stops for a two-year period. In addition to implementing bias-free policing, the OPS is looking to continue to promote trust and confidence in the police by addressing community concerns about racial profiling. Since June 27 2013, OPS officers have been recording their perception of driver race using the existing in-car computer system, as part of the regular process used for conducting traffic stops. They have also been collecting data about the age and sex of the driver, the reasons for the traffic stop, and the outcome of the stop.It is anticipated that the data collected will involve more than 120,000 traffic stops in the City of Ottawa. The categories of race have been developed with the Research Team in consultation with the OHRC and community partners and are consistent with current policing practices. The recording of perception are being conducted in accordance with the Ontario Human Rights Code and applicable privacy legislation. The collection process has been designed to have minimal impact on regular duties and should not be noticeable to drivers. Drivers will not be asked to self-identify their own race. The data will be made available to the OHRC at the conclusion of the two-year data collection period following the extraction and de-identification of the data.

    Project Type: Funded
    Role: Three Person Research Team

    Start Date:  Month: Sep  Year: 2012
    End Date:  Month: May  Year: 2016

    Collaborator: Lorne Foster
    Collaborator Institution: York University
    Collaborator Role: Research Team Member

  • The WHO Framework Convention for Tobacco Control: Rights-based International Law Without Opportunities for Legal Mobilization
    Summary: 
    This project explore the significance and innovations of the World Health Organization's Framework Convention on Tobacco Control, which came into effect in 2005. The FCTC is the first international convention created by the WHO in its history and reflects a very different focus from the more traditional International Sanitation Regulations. The FCTC is also the first major health and human rights law enacted by the WHO and now has been ratified by more states than any other UN convention. What has been the impact? How closely linked is the rights-based focus of the law to the concern with chronic disease?

    Project Type: Funded
    Role: Principal Investigator

    Start Date:  Month: Jul  Year: 2012
    End Date:  Month: Jun  Year: 2016

All Publications

Books

Linking Global Trade and Human Rights: New Policy Space in Hard Economic Times. New York: Cambridge University Press, 2014

Privacy Rights in the Global Digital Economy: A Canadian Perspective. Toronto: Irwin Law Books, 2014.

Balancing Competing Human Rights in a Diverse Society. Toronto: Irwin Law Books with the Ontario Human Rights Commission, 2012.

Pursuing Equal Opportunities: The Theory and Practice of Egalitarian Justice. (New York: Cambridge University Press, 2004) Pp. xiv & 280 .
Chinese translation of Pursuing Equal Opportunities. (Shanghai: Jilin Publishing Group, 2007) , Pp. 365

(Co-edited with R. Vandewetering), John Stuart Mill's 'The Subjection of Women': HisContemporary and Modern Critics. (New York, Caravan Books, 1999.) Includes Introduction by Editors (43 pages). Pp. 436.

The Democratic Vision of Politics. (Saddle Creek, NJ: Prentice-Hall/Simon & Schuster, 1997) Pp. xvi & 145.
Chinese translation of The Democratic Vision of Politics, with a new extended Preface for Chinese Readers. (Beijing: The Radio & TV Publishing House of China, 1999.) Pp. 234.

Workfare: Does It Work? Is It Fair? ( Montreal: Institute for Research on Public Policy/Renouf Publications, 1995) . Pp. 145.

Rights and Deprivation (Oxford: Oxford University Press, Clarendon Imprint, 1993) Pp. x & 230 Republished as an Ebook by Oxford Scholarship Online in January 2012.

Co-editor, Out of Apathy: Voices of the New Left Thirty Years on. (London: Verso Books, 1989.)

Monographs

The Globalization of the Race Relations Policy Dialogue, (Special volume of Directions, September 2011), publication of the Canadian Race Relations Foundation. Digital version available at http://www.crr.ca/diversfiles/directions/vol6No2VersionWeb.pdf

Canadian Diversity, Volume X: Balancing Competing Human Rights Claims (Ottawa: Govenrment of Canada, November 1 2010). Digitial version available http://www.ohrc.on.ca/en/resources/discussion_consultation/Balancing%20competing%20human%20rights_Diversity%20Magazine_2010.pdf

Book Chapters

“Global Tobacco Control Law and Trade Liberalization: New Policy Spaces?” in Daniel Drache & Lesley Jacobs (EDS.), Linking Global Trade and Human Rights. New York: Cambridge University Press, 2014). Chapter 6.

(with Daniel Drache) , “Emerging Policy Spaces During Global Economic Crises” in Daniel Drache & Lesley Jacobs (EDS.), Linking Global Trade and Human Rights: New Policy Space During Hard Economic Times. (New York: Cambridge University Press, 2014) . Pp. 1-26.

(with Lorne Foster) , “The Ontario Human Rights Commission and the Framework for Mapping and Addressing Competing Human Rights” in Shelagh Day, Lucie Lamarche, & Ken Norman (EDS.), 14 Reasons for Human Rights Institutions (Toronto: Irwin Law Books, 2014) ch. 13.

(with Ilan Vertinsky) , “Fairness in Business” in Janis Sarra (ED.), An Exploration of Fairness: Interdisciplinary inquiries in law, science and the humanities (Toronto: Carswell Publishers, 2013), pp. 293-305.

“A Vision of Equal Opportunity in Postsecondary Education” in Heinz-Dieter Meyer, Edward P. St. John, Maia Chankseliani, & Lina Uribe (EDS.), Fairness in Access to Higher Education in a Global Perspective: Reconciling Excellence, Efficiency, and Justice (Boston: Sense Publishers, 2013), pp. 41-56.

“Forward: Transitional Justice Without Law” to Feiyu Sun, Social Suffering and Political Confession: Suku in Modern China (Singapore: World Scientific Press/Peking University Series on Sociology and Anthropology, 2013), pp. xi-xiii.

“Adapting Locally to International Health and Human Rights Standards: An Alternative Theoretical Framework for Progressive Realization” in Mikael Rask Madsen & Gert Verschraegen, editors, Making Human Rights Intelligible: New Theoretical and Empirical Contributions (Oxford UK: Hart Publishing, IISJ Book Series, 2013), pp. 233-246.

“Gender, Trade Liberalization, and Tobacco Control in China” in Pitman Potter and Heather Gibb, Eds., Gender Equality Rights and Trade Regimes: Coordinating Compliance (Ottawa: North South Institute, 2012), pp. 141-158.

“China's Capacity to Respond to the H1N1 Pandemic Alert and Future Global Public Health Crises: A Policy Window For Canada” in Pitman Potter & Thomas Adams, Eds., Issues in Canada-China Relations (Toronto: Canadian International Council, 2011), Pp. 333-343.

“Rawls’s Commitment to Fair Equality of Opportunity: Rethinking His Arguments for Democratic Equality Four Decades Later” in Shaun Young, editor, Reflections on Rawls: An Assessment of his Legacy (Aldershot UK: Ashgate Publishing: 2009) Pp. 61-73.

“Rights and Quarantine (Full Length Study)” in both English and Chinese, in Gu Xiao Rong & Pitman B. Potter, editors, The Hypothesis of Selective Adaptation and the Application of Chinese Rule of Law (Shanghai CH: Shanghai Academy of the Social Sciences Publication, September 2009), Pp. 134-183; 185-244.

“Equality” in David Clark, editor, The Encyclopedia of Law and Society: American and Global Perspectives, vol 1, 499-502. Thousand Oaks CA: Sage Publications, October 2007.

“John Rawls” (500 words) in David Clark, editor, The Encyclopedia of Law and Society: American and Global Perspectives, vol 3, 1269-70. Thousand Oaks CA: Sage Publications, October 2007.

‘Justice in Health Care’ in Justine Burley, editor, Ronald Dworkin and His Critics, with Replies by Dworkin (Oxford: Blackwells, 2004), pp. 134-49

‘Democratie et politique de la difference’ in Lukas K. Sosoe, editor, Diversite Humaine: Democratie, Multiculturalisme, et Citoyennete (Montreal: Les Presses de l’Universite Laval, 2002).

“Biodiversity: Implications for Democratic Theory’ in G. Cornelis van Kooten, Erwin Bulte, & A. R. E. Sinclair, editors, Conserving Nature’s Diversity: Insights from Biology, Ethics, and Economics (Aldershot, UK: Ashgate Publishers, 2000).

(with P. Evans, A. Noel, and E. Reynolds), Workfare: Does It Work? Is It Fair? (Montreal: Institute for Research on Public Policy/Renouf Publications, 1995). Pp. 145. “Chapter 1: What are the normative foundations of workfare?”
Shortened version reprinted as 'What are the Normative Foundations of Workfare?', Policy Options, Vol. 16, No. 4 (May 1995), 10-15.

'Realizing Equal Life Prospects: The Case for a Perfectionist Theory of Fair Shares' in Glenn Drover & Patrick Kerans (eds.) New Approaches to Welfare Theory. London: Edward Alger, 1993.

Journal Articles

(with Lorne Foster) , “Workplace Practice and Diversity in Canada: Employment Policy in Global Modernity”, Think India Quarterly, 2012, vol. 15, Issue 3, 57-72.

(with Sarbani Sen) , “The Distinctive Character of Legal Adversarialism in India”, Canada Watch, Special Issue on India: The Most Fragile of Democracies, Winter 2012, 20-23. Digital version available at http://robarts.info.yorku.ca/files/2012/02/CW_Winter2012.pdf

“The Globalization of the Race Relations Policy Dialogue”, Directions, vol. 6, no. 2, (September 2011), 5-10 (Also in French translation)

“Equality, Adequacy and Stakes Fairness: Retrieving the Equal Opportunities in Education Approach”, Theory and Research in Education, 8.3 (November 2010), 1-20.

“Rights and Quarantine During the SARS Global Health Crisis: Differentiated Legal Consciousness in Hong Kong, Shanghai, and Toronto”, Law & Society Review, Vol 41/3 (Sept 2007), 511-553.

“Global Health Governance”, Windsor Review of Legal and Social Issues, vol 23 (June 2007) , 123-129

(with Pitman Potter) , “Selective Adaptation and Health and Human Rights in China”, Health and Human Rights, Vol. 9/2 (November 2006), 142-166

“Universal Hospital Insurance and Health Care Reform: Policy Legacies and Path Dependency in the Development of Canada’s Health Care System”, Buffalo Law Review (2005), Vol. 53, No. 2, 635-661.

‘Legal Consciousness and the Promise of Law & Society’, The Canadian Journal of Law & Society (2003), vol 18, 61-66.

‘Securer Freedom For Whom? Risk Profiling and the New Anti-Terrorism Act’, UBC Law Review, (2003), 36(2), 375-84

‘Affirmative Action in Canada’, Law & Society Association Newsletter (Amherst MA), March 2003, pp. 3-4. (Special issue devoted to Grutter v. Bollinger, the University of Michigan affirmative action case)

‘Whose Constitution Is It Anyway?’, Windsor Yearbook Access to Justice, (2002), vol 21, 641-651.

‘Universal Access to Health Care: For Whom? To What?’, Literary Review of Canada, November 1999, 24-27.

‘Market Socialism and Non-Utopian Marxist Theory’, Philosophy of the Social Sciences,(1999) Vol. 29, No. 4 , 527-39.

'Equal Opportunity, Natural Inequalities, and Racial Disadvantage: The Bell Curve and Its Critics', Philosophy of the Social Sciences,(1999) Vol. 29, No. 1, pp. 120-144.

‘Integration, Diversity, and Affirmative Action’, Law and Society Review, (1998) Vol. 32, No. 3, 101- 122.

'Can an Egalitarian Justify Universal Access to Health Care?', Social Theory and Practice, Vol. 22: 3 (Fall 1996), 315-48.

'The Second Wave of Analytical Marxism', Philosophy of the Social Sciences, Vol. 26, No. 2 (June 1996), 279-92.

'Equity and Opportunity' in P. Gingras (ed.), Gender and Politics in Contemporary Canada. (Toronto: Oxford University Press, 1995)

'Equal Opportunity and Gender Disadvantage', The Canadian Journal of Law and Jurisprudence, VII (1994), 61-71.

‘The Enabling Model of Rights', Political Studies, Vol. 41, No. 3 (September 1993), 381-93.

'Bridging the Gap Between Individual and Collective Rights With the Idea of Integrity', The Canadian Journal of Law and Jurisprudence, Vol. IV, No. 2 (July 1991), 375-386.

Book Reviews

Review of McEvoy & McGregor, Transitional Justice From Below (2008), Law and Politics Review, 19 (February 2009), 117-119. Available at http://www.bsos.umd.edu/gvpt/lpbr/reviews/2009/02/transitional-justice-from-below.html

‘Review essay on LaSelva’s The Moral Foundations of Canadian Federalism: Federalism and National Minorities’, University of Toronto Law Journal,(1999) Vol. 49, No. 2, pp. 295-304

Review of Constance Backhouse's Petticoats and Prejudice: Women and Law in Nineteenth-Century Canada for The Canadian Journal of Political Science, Vol. XXV, No. 4 (1992), 397-98.

Research Reports

China Papers #12: China's Capacity to Respond to the H1N1 Pandemic Alert and Future Global Public Health Crises: A Policy Window For Canada (Toronto, Canadian International Council, June 2010), available at http://www.onlinecic.org/resourcece/archives/chinapapers/cic_chinapapers_no12_jacobspdf

Policy Papers

“Mapping the Legal Consciousness of First Nations Voters: Understanding Voting Rights Mobilization”, (in English and French) (Ottawa, Elections Canada, May 2009), available at http://www.elections.ca/med/eve/APRC/vot_rights_e.pdf
Reprinted in Julie Peters and Jerry White, editors, Aboriginal Policy and Research in Canada (Toronto: Thompson Educational, forthcoming).

Forthcoming

(with Mayumi Saegusa, in Japanese) , “Changes in Japanese Tobacco Control: A Health and Human Rights Perspective” in Yoshi Wada, editor, International Law in Japanese Dispute Resolution (Tokyo JP: ?, forthcoming 2009).

(with Sarah Biddulph & Pitman Potter) , “Between Cultural Relativism and Uniform International Compliance: An Empirical Framework for Judging China’s Human Rights Performance” China Human Rights Yearbook 2007 (Geneva SW: UN University Press, forthcoming)

“Varieties of Corporate Legal Consciousness in International Human Rights Disputes: Security and Multinational Oil Companies in Sudan” in Michelle Le Baron, editor, Cross-Cultural Perspectives on Dispute Resolution (Fairfax VA: George Mason University Press, forthcoming)
Appears working paper form in APDR Research Notes, Vol. 1, No. 3, 37-49, available at http://apdr.iar.ubc.ca/publications/ejournal.php


Teaching:

Upcoming Courses

TermCourse NumberSectionTitleType 
Fall/Winter 2015-2016 AP/SOSC4370 6.0  State of the Art in Law & Society LECT