Doctor of Philosophy in Law (PhD)
Placing Muslim Women within the Affirmative Consent Standard in Canadian Sexual Assault Law
The Peter A. Allard School of Law's innovative researchers, inspiring teachers, and outstanding graduates have established our national reputation and global reach. The Faculty is committed to preparing our students to become exceptional global citizens, to conducting leading-edge research that serves our community nationally and internationally, and to promoting the values of a just, civil and sustainable society.
The Allard School of Law is proud to foster a research environment that pulls faculty, students, and visitors into collaborative and challenging research projects. Our outstanding graduate programs offer students the opportunity to study law from within law’s wider social, economic, and political context, and select courses from a comprehensive and progressive curriculum that emphasizes foundational knowledge, scholarly innovation, ethics, and the development of professional skills.
Legal research that employs the perspectives of different disciplines, contexts, and methodologies makes the Allard School of Law an exciting and rewarding research centre. And, as the stories on the Allard School of Law research portal show, research done here changes peoples’ lives.
The Allard School of Law's more than 10,000 alumni include:
Allard Hall, home of the Allard School of Law, creates a welcoming and inspiring learning, research and meeting place for students, faculty, staff and the wider legal community.
Opened in 2011, the $56-million four-storey, 141,000 square-foot building and $56-million facility includes flexible, modern teaching spaces, a replica courtroom, and dedicated spaces for the faculty’s nearly 650 students, 45 full-time faculty, plus alumni and guests. Classroom video displays and webcasting technology will connect UBC students with law schools and communities globally. A three-storey multipurpose forum with floor-to-ceiling windows converts from a social area to an auditorium for special events and lectures. The new state-of-the-art UBC Law Library serves as an academic hub for students and the legal community.
With powerful learning and sustainability features, Allard Hall – named after donor and alumnus Peter A. Allard – provides a space to advance legal research and education in Canada, expand the Faculty’s presence in the community, and honour its ties to BC First Nations.
The Allard School of Law is home to a dynamic, accomplished, and diverse group of faculty who make innovative and influential contributions to understanding the underpinning of the law, cutting edge developments in legal practice, the development of policy, and the progress of civil society at both national and international levels. The Faculty’s research is regularly cited by scholars, courts, and policymakers across the country and around the world.
The Allard School of Law has led Canada in curricular and research innovation with important programs focusing on areas including social justice, business law, environmental law, sustainability and Asian legal studies. Our faculty members carry out their research and teaching objectives with a commitment to pursuing social justice.
Key areas of faculty research include international law, Indigenous legal studies, environmental law and sustainability, migration, human trafficking, affordable housing, and criminal law and policy. Allard Hall is home to Centres of business law, environmental law and natural resources, Asian legal studies, and feminist legal studies.
Allard Hall is also home to affiliated law reform organizations: British Columbia Law Institute, which includes the Canadian Center for Elder Law Studies, and the UN-affiliated International Center for Criminal Law Reform and Criminal Justice Policy.
|Affolder, Natasha||International Environmental Law, Biodiversity Law, Law and Sustainability|
|Aloni, Erez||Law and legal practice; Law; Contracts; family law; law and sexuality|
|Arbel, Efrat||Law and legal practice; Law; Constitutional law; Gender and Law; Legal and Critical Theory; Prison Law and Policy; Refugee Law; Tort Law|
|Bakan, Joel Conrad||Constitutional Law, Legal Theory, Socio-Legal Studies|
|Benedet, Janine||Law and legal practice; Penal Law; Labor Standards and Laws; Human Rights and Liberties, Collective Rights; prostitution and pornography; sexual abuse of girls; sexual harassment in employment and education; sexual violence against women|
|Beswick, Samuel Peter||Private law; Common law; Comparative law; Torts, private obligations and product liability law; Legal theory, jurisprudence and legal interpretation; Law; Law and time; Limitations; Remedies; Tort Law; Restitution and unjust enrichment; Public authority liability|
|Biukovic, Ljiljana||Adaptation of international legal norms by national governments, the impact of regionalism on multilateral trade negotiations and the development of European Union Law,European union Law, International Trade Law, International Dispute Resolution, E-commerce, Comparative Law|
|Cheng, Jie||Comparative Constitutional Law; Chinese Law and Governance; Hong Kong and Macau Basic Laws; Land Property Law; Information Law|
|Christie, Gordon||Legal Theory, and trans-cultural tort law, Aboriginal law, Indigenous legal orders, Indigenous legal theory, Legal Theory and trans-cultural tort law|
|Clifford, Robert||Aboriginal and Indigenous law|
|Cui, Wei||Law and legal practice; Taxation; Law; Social Organization and Political Systems; Chinese administrative law; Chinese legislative system; law and development; Law and political economy; tax and development; tax policy|
|Cunliffe, Emma||Women and the law, evidence, experts, courts and media, open justice, pathology and law, criminal law, SIDS, child homicide|
|Dauvergne, Catherine||Immigration, Immigration Law, Refugee Law, Legal Theory, Globalization|
|Duff, David||Tax Law Tax Policy Environmental Taxation Charities, Tax law and policy, environmental taxation, comparative and international taxation, and distributive justice|
|Etxabe, Julen||Law and society; Literature and critical theory; History and philosophy of law and justice; Law and humanities; Legal theory; Human Rights; Constitutional law; international law|
|Flynn, Alexandra||Law and society; Municipal Law; Local Governance; property law; Administrative Law; Experiential legal education; Socio-Legal Studies; Law & Cities|
|Ford, Cristie||Law and legal practice; Law; Regulation; Social, Economical and Political Impacts of Innovations; Laws, Standards and Regulation Impacts; Administrative Law; Ideological, Political, Economical and Social Environments of Social Transformations; Financial innovation and fintech; financial regulation; Legal innovation and law tech; regulation & governance theory; securities regulation; the legal profession|
|Ghebremusse, Sara||natural resource governance; development; Human Rights|
|Goldbach, Toby||Law and legal practice; Political Culture, Society and Ideology; Procedural Law; Jurisprudence; Comparative Law; Dispute Resolution; Judicial Politics; law and development|
|Goold, Benjamin||Law and legal practice; Law; Border Studies; Criminal Justice; Human Rights; migration; Privacy; security|
|Grant, Isabel||Criminal Law, Constitutional Law, Psychiatry and Law|
|Harris, Douglas||Property law (except intellectual property law); Canadian history; property law; condominium law; legal history|
|Hastie, Bethany||Labour & Employment Law, Human Rights, Socio-Legal Studies, Access to Justice|
|Hutchison, Camden||Business, corporate and commercial law; Contract law; legal history|
This is an incomplete sample of recent publications in chronological order by UBC faculty members with a primary appointment in the Peter A. Allard School of Law.
|2022||Dr. Maharaj's work examines the law on mitigation of damages for breach of contract by establishing a robust framework that explains how the doctrine applies, why it applies, when it applies, and what it actually demands of contracting parties in practice. It will benefit judges, legal counsels, and the wider scholarly community in private law.||Doctor of Philosophy in Law (PhD)|
|2022||Dr. Ponomarenko studied the requirements the government must meet to justify a limitation of a Charter right. Currently, there is no judicial consensus on when these requirements must be strict and when they can be relaxed. Her dissertation examines this undertheorized body of jurisprudence and provides it with a principled theoretical basis.||Doctor of Philosophy in Law (PhD)|
|2022||Dr. Aikenhead examined the Canadian criminal justice response to technology-facilitated intimate partner violence (TFIPV) through a review of recent case law. She identified concerns and gaps in the legal response from a feminist perspective. Her proposed legislative and policy reforms will assist victims of TFIPV in accessing justice.||Doctor of Philosophy in Law (PhD)|
|2022||The law of negligence claims to deter accidental wrongdoers from causing harm. The mixed doctrinal and qualitative research in this dissertation suggest that in the law of negligence in Canada, deterrence is largely illusory. Potential wrongdoers are so well protected by liability insurance that there is little inclination to avoid causing harm.||Doctor of Philosophy in Law (PhD)|
|2021||Dr. Sankey studied legal processes developed by Squamish Nation for land use planning and environmental assessment of natural gas projects. Her research finds that in developing policy aimed at reconciliation, Canadian governments will learn much by shifting their focus away from principles of consultation defined by Canadian courts, toward processes for achieving consent established by Indigenous nations.||Doctor of Philosophy in Law (PhD)|
|2021||Dr. Dzah studied how Africa influences and is influenced by the concept of sustainable development. He argued that ethics and customary and Indigenous norms can revitalise the legal dimensions of this concept. He proposed ecological law as a new way to theorise and implement sustainable development and to reorganise links between society and nature.||Doctor of Philosophy in Law (PhD)|
|2021||Dr. Nickason examines Canada's efforts to give effect to First Nations' rights of self-determination and self-government. She demonstrates that cultural differences, in the ways First Nations and settler societies conceive of legitimacy, have undermined our capacity to negotiate new arrangements to give effect to these rights.||Doctor of Philosophy in Law (PhD)|
|2020||Dr. Pilliar developed a new person-centered approach to understand and remedy access to justice problems. Drawing on analyses of the legal services landscape, interview research with people who have had access to justice problems, and data on how lawyers do their work, Dr. Pilliar proposes four tangible steps to improve access to justice in Canada.||Doctor of Philosophy in Law (PhD)|
|2020||Dr. Yorgun studied ostracized populations, understudied in refugee law, conducting novel interviews in South Africa. Dr. Yorgun's research unmasked a bias in refugee law which predominantly focuses on the asylum systems of Western states. She demonstrates this must be overcome to better understand some of the most vulnerable, least mobile refugees.||Doctor of Philosophy in Law (PhD)|
|2019||Dr. Pauer studied carbon tariffs, an environmental policy recommended by many experts but rarely used in practice. Using interviews and case studies in Europe and the USA, he explained the challenges of adopting and implementing this policy. His research contributes to the development of effective government action to address climate change.||Doctor of Philosophy in Law (PhD)|
Toronto Star: There should be concussion safety laws from coast to coast: ‘Waiting for another tragedy makes no sense’ cmccaw Wed, 06/29/2022 - 09:23 External Link Source: Toronto Star Faculty in the News...
Globe and Mail: B.C. sees spike in critical injuries to youth in government care during pandemic’s first year cmccaw Mon, 06/27/2022 - 10:23 External Link Source: Globe and Mail Faculty in the News...
Statement on the passing of Peter A. Allard hwudrick Fri, 06/24/2022 - 16:10 Dear Allard School of Law Community, It is with a heavy heart that I share the news of the passing of Mr. Peter A. Allard, QC (BA’68, LLB ’71) on June 11, 2022. Mr. Allard was a generous philanthropist and...
Allard Law grad Kelsey Jade Wong awarded Law Society’s gold medal cmccaw Wed, 06/22/2022 - 08:43 The Law Society of British Columbia has announced its Gold Medal winners for 2022. Allard Law graduate Kelsey Jade Wong has been recognized by the Law...
'Remember why you’re here' — Allard Law grad Aaron Pete on his path through law school hwudrick Mon, 06/20/2022 - 15:46 Aaron Pete graduated from Allard Law on May 25, 2022.“For me, the key to law school was to remember why I was there and what I wanted to...