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Books
The Problem of the Past and How to Fix it (Forthcoming, Oxford University Press, 2020)
The Residential Schools Litigation and Settlement, Co-edited with Professor Kent Roach, Special Edition of the University of Toronto Law Journal, (2014) Volume 64.
Co-Editor, Calling Power to Account: Law, Reparations and the Chinese Canadian Head Tax Case, co-edited with David Dyzenhaus, Toronto: University of Toronto Press, 2005 (volume of 15 essays).
Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard, Oxford: Oxford University Press, 2003.
Reviewed by Jeremy Horder in University of Toronto Law Journal, Cambridge Law Journal.
Articles and Other Publications
“Cardinal Sins: How the Catholic Church Sexual Abuse Crisis Changed Private Law”, (2019) Georgetown Journal of Gender and the Law (forthcoming 2019)
“The Problem of the Past: How Historic Wrongs Became Legal Problems”, (2019) 69 UTLJ (forthcoming October, 2019)
“Reshaping Responsibility: The Emerging Private Law of Institutional Wrongs”, in K. Barker (ed), Private Law and Power (Oxford: Hart Publishing, 2017).
“The role of reparative justice in responding to the legacy of Indian Residential Schools” in The Residential Schools Litigation and Settlement, (2014) 64 UTLJ 529-565.
“Introduction: The Residential Schools Litigation and Settlement”, (2014) 64 UTLJ 479-485 (with Kent Roach).
"The Reasonable Person: A Conceptual Biography in Comparative Perspective”, 14 Lewis & Clark L. Rev. 1233 (2010)
"The Mutually Constitutive Nature of Public and Private Law", in A. Robertson and H.W. Tang (eds), The Goals of Private Law, 2009, Oxford: Hart Publishing.
"The Reasonable Person", entry in The New Oxford Companion to Law, Oxford: Oxford University Press, 2008.
"Recourse to International Human Rights: Challenges to the Traditional Paradigm", in R.A. Miller (ed), Progress in International Organization, Martinus Nijhoff Press 2008.
"The Reasonable Person and the Discrimination Inquiry", in Stephen Tierney (ed), Accommodating Cultural Diverstiy, Applied Legal Philosophy Series, Ashgate Publishing 2007.
"The Estoppel Effects of International Law" in G. Williams and H. Charlesworth (eds), The Fluid State, Sydney: Federation Press, 2005.
"Inimical to Constitutional Values: Complex Migrations of Constitutional Rights", in S. Choudhry (ed), The Migration of Constitutional Ideas, Cambridge: Cambridge University Press, 2006.
"Protesting Too Much?: Rational Basis Review Under Section 15", in S. Rodgers and S. McIntyre (eds), Diminishing Returns: Inequality & the Canadian Charter of Rights and Freedoms, Toronto: LexisNexis Butterworths 2006.
"Shifting Boundaries: Influential Authority and Binding Law", in J. Nijman and A. Nollkaemper (eds), New Perspectives on the Divide Between National and International Law, Oxford: Oxford University Press, 2007.
Also included in the Oxford Scholarship Online Law Module, January 2009.
"Introduction" (with D. Dyzenhaus), in Mayo Moran and David Dyzenhaus (eds), Calling Power to Account: Law, Reparations and the Chinese Canadian Head Tax Case, Toronto: University of Toronto Press, 2005.
"Time, Place and Value: Mack and the Influence of the Charter on Private Law", in Mayo Moran and David Dyzenhaus (eds), Calling Power to Account: Law, Reparations and the Chinese Canadian Head Tax Case, Toronto: University of Toronto Press, 2005.
"In the Glass Darkly: Legacies of Nazi and Facist Law in Europe" Review Article of Christian Joerges and Navraj Singh Ghaleigh (eds), Darker Legacies of Law in Europe: The Shadow of National Socialism and Fascism over Europe and its Legal Traditions (Oxford: Hart Publishing, 2003), 55 University of Toronto Law Journal (2004).
"Authority, Influence and Persuasion: Baker, Charter Values and the Puzzle of Method", in D. Dyzenhaus (ed), The Unity of Public Law, Oxford: Hart Publishing, 2003.
"Unjust Enrichment and the Emerging Law of Reparations", Consultation Paper prepared for Chinese-Canadian National Council National Roundtable Consultation.
"An Uncivil Action?: The Tort of Torture and Cosmopolitan Private Law", in C. Scott (ed), Torture as Tort, Oxford: Hart Publishing, 2001.
"Rethinking Public Benefit: Charity in the Era of the Charter", in J. Phillips, B. Chapman and D. Stevens (eds), Between State and Market, McGill-Queen's University Press, 2001.
"Charity and the Income Tax Act: The Court Speaks Out", (with J. Phillips) Case Comment on Vancouver Society, in J. Phillips, B. Chapman and D. Stevens (eds), Between State and Market, McGill-Queen's University Press, 2001.
"Rethinking Winnipeg Condominium: Restitution, Economic Loss, and Anticipatory Repairs" (1997), 47 University of Toronto Law Journal 115-160.
"Talking About Hate Speech", 1994 Wisconsin Law Review 1425.
Reprinted in Words that Wound (R. Delgado ed., Westview Press, 1998).
Excerpts reprinted in Ethics and the Law (Dyzenhaus & Ripstein, eds.) 1996-1997 University of Toronto Press, Toronto Studies in Philosophy.
Case Comment on Jane Doe, 1993 Canadian Journal of Women and the Law.
Conferences Organized
Assessing the Indian Residential Schools Litigation & Settlement Processes. January 18, 2013.
"Equality: The Heart of a Just Society--Looking Back, Looking Forward". Co-organized with Dept. of Justice and Professor Lorraine Weinrib. October 28-29, 2005.
"Facing the Legacy of Indian Residential Schools in Canada: International Lessons in Truth, Reparation, and Reconciliation". Colloquium co-organized with the International Centre for Transitional Justice and Professor Darlene Johnston. September 16-18, 2005.
"Achieving Human Rights in a Multicultural Society: Reparations, Human Rights and the Limits of Law". The inaugural Yaremko Forum on Multi-Culturalism and Human Rights. Co-organized with David Dyzenhaus. April 12-13, 2003.
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