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PATRICK MACKLEM
Address
Faculty of Law
University of Toronto
78 Queen's Park
Toronto, Ontario
Canada, M5S 2C5
Tel.: 416-978-3873
Email: p.macklem@utoronto.ca
Brief bibliography
Patrick Macklem is the William C. Graham Professor of Law and a Fellow of the Royal Society of Canada. He joined the Faculty in 1988. He holds law degrees from Harvard and Toronto, and an undergraduate degree in political science and philosophy from McGill. He served as Law Clerk for Chief Justice Brian Dickson of the Supreme Court of Canada and as a constitutional advisor to the Royal Commission on Aboriginal Peoples. He was a Visiting Scholar at Stanford Law School in 1988 and at U.C.L.A. School of Law in 1992. In 2003, he was selected as a Fulbright New Century Scholar, taught at the European University Institute, and was a Visiting Scholar at Harvard Law School. He is also a Visiting Professor at Central European University. On leave from University of Toronto in 2006-2007, Professor Macklemis a Senior Global Research Fellow at the Center for Human Rights and Global Justice at NYU School of Law.
Professor Macklem's teaching interests include constitutional law, international human rights law, indigenous peoples, ethnic and cultural minorities, and labour law and policy. He is the author of Indigenous Difference and the Constitution of Canada (2001) (awarded the Canadian Political Science Association 2002 Donald Smiley Prize for best book on Canadian governance and the Canadian Federation for the Humanities and Social Sciences 2002 Harold Innis Prize by for the best English-language book in the social sciences), co-editor of Canadian Constitutional Law (2003); The Security of Freedom: Essays on Canada's Anti-terrorism Bill (2001), and Labour and Employment Law (2004), and has published numerous articles on constitutional law, labour law, indigenous peoples and the law, and international human rights law.
Publications
Books and Editions
Indigenous Difference and the Constitution of Canada (Toronto: University of Toronto Press, 2001) (awarded the Canadian Political Science 2002 Donald Smiley Award for the best book on Canadian governance and the Canadian Federation for the Humanities and Social Sciences 2002 Harold Innis Prize by for the best English-language book in the social sciences)
The Security of Freedom: Essays on Canada’s Anti-terrorism Bill (Toronto: University of Toronto Press, 2001) (co-editor, with R. Daniels and K. Roach)
Guest Editor, Liberal Democracy and Tribal Peoples: Group Rights in Aotearoa/New Zealand (2002) 52 University of Toronto Law Journal (Special Issue)
Canadian Constitutional Law (co-editor, with R.C.B. Risk et al.) (Toronto: Paul Emond, 3d ed., 2002) (editorial committee member and co-editor, with Constitutional Law Casebook Group)
Labour and Employment Law: Cases, Materials and Commentary (co-editor, with the Labour Law Casebook Group) (Kingston: Industrial Relations Centre, Queen’s University, 7th ed. 2004)
Articles
‘Indigenous Peoples (in International Law)’ in M. Flores d’Arcais (ed.), I Diritti Umani (Torino: Unione Typographico-Editrice Torinese, forthcoming)
“Indigenous and Minority Rights at International Law,” in Indigeneity and Difference: Essays in Honour of Michael Asch (UBC Press, forthcoming, 2006)
“Social Rights in Canada,” in D. Barak-Erez & E. Gross (ed.), Social Rights (Oxford: Hart Publishing, forthcoming, 2006)
"Militant Democracy, Legal Pluralism, and the Paradox of Self-Determination" 4International Journal of Constitutional Law 488 (2006)
“The Wrong Vocabulary of Right: Minority Rights and the Boundaries of Political Community," in A. Sajo (ed.), The Dark Side of Human Rights (Netherlands: Eleven International, 2006)
"Rybná 9, Praha 1: Restitution and Memory in International Human Rights Law" (2005) 16 European Journal of International Law 1
“Corporate Accountability Under International Law: The Misguided Quest for Universal Jurisdiction” 7 International Law Forum 281(2005)
"The Right to Bargain Collectively at International Law: Workers’ Right, Human Right, International Right?" in P. Alston, ed., Labour Rights as Human Rights (Oxford University Press, 2005)
"Labour Law Beyond Borders’ (2003) 5 Journal of International Economic Law" 605
"Social Rights, Social Citizenship, and Transformative Constitutionalism: A comparative assessment," (with D. Davis and G. Mundlak), in Joanne Conaghan, Michael Fischl, Karl Klare, eds., Labour Law in an Era of Globalization (Oxford: Oxford University Press, 2002) 511-534
"The Maori Experiment" (2002) 52 University of Toronto Law Journal 1
"Securing Accountability Through Commissions of Inquiry: A Role for the Law Commission of Canada" (with R. Centa) (2002) 39 Osgoode Hall Law Journal 117
"Canada’s Obligations at International Criminal Law," in Daniels et al., The Security of Freedom: Essays on Canada’s Anti-terrorism Bill (Toronto: University of Toronto Press, 2001)
"The Probable Impact and Legal Effect of the Upcoming Referendum," The British Columbia Advocate
‘Indigenous Rights and Multinational Corporations at International Law’ (2001) 24 Hastings International and Comparative Law Review 475
“Indigenous Rights in the Inter-American System’ (2000), 22 Human Rights Quarterly 569-602 (with E. Morgan)
“Secondary Picketing, Consumer Boycotts and the Charter” (2000), 7 Canadian Journal of Labour and Employment Law 1
“From Consultation to Reconciliation: Aboriginal Rights and the Crown’s Duty to Consult” (2000), 79 Canadian Bar Review 252-279 (with S. Lawrence)
“Fiduciary Law and the British Columbia Treaty Process,” in Pacific Business and Law Institute, Litigating Aboriginal Claims: Collected Papers (Conference Proceedings, 1998)
“Basic Features of the Constitution of Canada, with an Emphasis on the Canadian Charter and Aboriginal Rights,” in B.V. Lal & T.R. Vakatora, eds., Fiji and the World (Suva: University of the South Pacific, 1997)
“Aboriginal Rights, State Obligations” (1997), 36 Alberta Law Review 97-116
“What’s Law Got To Do With It? The Protection of Aboriginal Title in Canada” (1997), Osgoode Hall L.J. 125-138
"The Impact of Treaty 9 on Natural Resource Development in Northern Ontario" in M. Asch ed., Aboriginal and Treaty Rights in Canada (Vancouver: University of British Columbia Press, 1997)
"Fiduciary Obligation and Residential Schooling: A Case for Redress" (with D. Réaume) (Royal Commission on Aboriginal Peoples, 1995) 95 pp.
"Normative Dimensions of an Aboriginal Right of Self-Government" (1995), 21 Queen's Law Journal 173-219
"North American Indigenous Sovereignty and the 1992 Charlottetown Accord: A Voice From the North" in Donald Grinde Jr. ed., The Unheard Voices: A Quincentenary Response to Columbus (1492-1992) (Los Angeles: UCLA American Indian Studies Center, 1994) 165-190
"Developments in Employment Law: The 1992-93 Term" (1994), 5(2d) Supreme Court Law Review 269-335
"Indigenous Peoples and the Canadian Constitution: Lessons for Australia?" (1994), 5 Public Law Review 11-34
"Developments in Employment Law: The 1991-92 Term" (1993), 4(2d) Supreme Court Law Review 279-309
"Distributing Sovereignty: Indian Nations and Equality of Peoples" (1993), 45 Stanford Law Review 1311-1367
"Ethnonationalism, Aboriginal Identities, and the Law", in M. Levin, ed., Ethnicity and Aboriginality: Case Studies in Ethnonationalism (Toronto: University of Toronto, 1993) 9-28
"Aboriginal Justice, the Distribution of Legislative Authority, and the Judicature Provisions of the Constitution Act, 1867," in Aboriginal Peoples and the Justice System (Royal Commission on Aboriginal Peoples, 1993) 326-358
"Developments in Employment Law: The 1990-91 Term" (1992), 3(2d) Supreme Court Law Review 227-268
"Aboriginal Peoples, Criminal Justice Initiatives and the Constitution" [1992] University of British Columbia Law Review 280-305 (Special Edition on Aboriginal Justice)
"Constitutional Ropes of Sand or Justiciable Guarantees? Social Rights in a New South African Constitution" (with C.Scott) (1992), 141 University of Pennsylvania Law Review 1-148
"Resorting to Court: Can the Judiciary Deliver Justice for First Nations?" (with R. Townshend), in Engelstad & Bird, eds., Nation to Nation: Aboriginal Sovereignty and the Future of Canada (Toronto: Anansi, 1992) 78-87
"Developments in Employment Law: The 1989-90 Term" (1991), 2(2d) Supreme Court Law Review 347-384
"First Nations Self-Government and the Borders of the Canadian Legal Imagination" (1991), 36 McGill Law Journal 382-456
"Aboriginal Rights and Canadian Sovereignty: An Essay on R. v. Sparrow" (with M. Asch) (1991), 29 Alberta Law Journal 498-517
"Developments in Employment Law: The 1988-89 Term" (1990), 1(2d) Supreme Court Law Review 405-466
"Of Texts and Democratic Narratives" (Review Essay of Hutchinson, Dwelling on the Threshold) (1991), 41 University of Toronto Law Journal 114-145
"Property, Status and Workplace Organizing" (1990), 40 University of Toronto Law Journal 74-108
"Constitutional Ideologies" (1988), 20 Ottawa Law Review 117-156
"Beyond Belief: Labour Law's Duty to Bargain" (with B. Langille) (1988), 13 Queen's Law Journal 62-102
"Re Skapinker and the Mootness Doctrine" (with E. Gertner) (1984), 6 Supreme Court Law Review 369-385
"Freedom of Conscience and Religion in Canada" (1984), 42 University of Toronto Faculty of Law Review 50-81
Book Reviews
R. Moon, The Constitutional Protection of Freedom of Expression (2001) 71 University of Toronto Quarterly 1
Sidney L. Harring, White Man’s Law: Native People in Nineteenth-Century Canadian Jurisprudence (Toronto: University of Toronto Press/Osgoode Society for Legal History, 1998), 69(1) University of Toronto Quarterly (1999) 232-234
Leon Trakman, Reasoning With the Charter (1992), 24 Ottawa Law Review 289-296
Leo McGrady, A Guide to Organizing Unions (1991), 44 Industrial & Labor Relations Review 761-763
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