Cara Locke*

Cara Locke (*née Mouland)
SJD Candidate
Thesis title:
Remedial Justice: The Legitimacy of Constitutional Remedies for Criminal Laws
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5

Cara is interested in how judges act like legislators, and how legislators act like judges.

Her doctoral project focuses on constitutional remedies for criminal laws. Cara's previous work has been cited by the Supreme Court of Canada in support of a disciplined approach to suspended declarations of invalidity.

Outside of academia, Cara has front-line experience in the courtroom and in the legislature. In addition to previously litigating for both the prosecution and the defence, Cara served as a Law Clerk at the Federal Court of Canada. Cara now practices constitutional law in her role as Assistant Clerk to the Nova Scotia House of Assembly.

Education
LLM - Criminal Law
JD (Distinction)
BA (Hons) - Psychology and English
Awards and Distinctions
C. David Naylor Fellow
Joseph-Armand Bombardier Canada Scholar
Nathan Strauss Q.C. Graduate Fellow in Canadian Constitutional Law
Raoul Wallenberg Scholarship
Doctoral Fellow, University of Toronto Faculty of Law
LLM Fellow, University of Toronto Faculty of Law
Professional Affiliations
Nova Scotia Barristers' Society
Commonwealth Parliamentary Association
Association of Clerks-at-the-Table in Canada
Selected Publications

"Debating the Rule of Law: The Curious Re-Enactment of the Solicitation Offence" (2021) 58: 3 Alta L Rev 687.

“Remedying the Remedy: Bedford’s Suspended Declaration of Invalidity” (2018) 41:3 Man LJ 281. (Cited in G v Ontario, 2020 SCC 38)
 *née Mouland

Research Interests
Administrative Law
Canadian Constitutional Law
Charter of Rights
Comparative Law
Criminal Law 
Criminal Procedure and Evidence
Judicial Decision-Making
Legal Process
Legal Theory
National Security Law and Anti-Terrorism Law
Political Philosophy and Theory
Supervisor
Committee Members

The SNC Lavalin Controversy: The Shawcross Principle and Prosecutorial Independence

 

Please note that a revised and expanded version of this blog is available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3367097

 

 

The SNC Lavalin controversy over whether improper pressure was placed on former Attorney General Jody Wilson-Raybould continues to rage. Both the ambiguities of the facts and the complexity of the policy issues seem to warrant an independent public inquiry. 

 

Such an inquiry could explore controversies over prosecutorial independence under Justin Trudeau’s government just as the McDonald Commission explored controversies over police independence under Pierre Trudeau’s government. In both cases, the issues had became emmeshed in partisan politics. Clear and independent thinking and reform plans were necessary for moving forward.

 

The Shawcross Principle

 

The Shawcross Principle articulated in 1951 is a constitutional convention that while the Attorney General (AG) is entitled to consult Cabinet colleagues about the policy implications of prosecutorial decisions, he or she is not to be directed or pressured on such decisions by the Cabinet and that the decision should be made by the AG alone.

 

Legal Theory Workshop - Peter Niesen

******This event is co-sponsored by the University of Toronto Faculty of Law and the Max Planck Institute for the Study of Religious and Ethnic Diversity

LEGAL THEORY WORKSHOP

Presents:

Peter Niesen
University of Hamburg

Common ownership of the earth and migrants‘ entitlements: Two sources of cosmopolitan right

Konstanze von Schütz

SJD Candidate
Thesis title:
Connecting Independent Owners: Lesser and Limited Property Rights in the Common Law of Property
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5

I am a doctoral candidate at the University of Toronto’s Faculty of Law, and Incoming Wainwright Fellow and Assistant Professor at McGill University's Faculty of Law.

My current research and writing focus on the law of property. I study the role and normative significance of property law’s fundamental ideas and building blocks such as ‘ownership’ and ‘property rights’, as well as the relation between private ownership and the ‘public’ through theoretical, comparative, and historical lenses.

My doctoral research project puts forth an understanding of lesser and limited property rights (for example, easements, leaseholds, or mortgages) as ways by which owners can establish legal relations with one another qua owners. I demonstrate how the common law’s conception of ownership and its commitment to non-subordination structures how owners can be connected through property rights. This perspective illuminates the emergence of different types of non-ownership property rights and the operation of what is known as the numerus clausus-principle of property law. It also furnishes insights on property law’s inbuilt capacity for increasing access and control over owned subject matter for non-owners, and the ways in which property law promotes owner collaboration.

I hold an LL.B. from Bucerius Law School, Hamburg (Germany) with a specialization in International Commercial Law, Conflict of Laws, and Cross-Border Civil Procedure and have passed the first and second German “state examinations in law” with high distinction. As part of my training, I have clerked at the Higher Regional Court of Appeal of Hamburg. I also hold an LL.M.-degree from the University of Toronto with a focus on Private Law Theory. Prior to commencing my graduate research, I practiced law at the German firm CMS Hasche Sigle in the areas of Intellectual Property and Litigation. 

I will be a visiting researcher at the Max Planck Institute for Legal History and Legal Theory in the fall of 2022. In 2021-22, I was the Private Law Fellow at Yale Law School’s Center for Private Law.

Education
Doctor of Juridical Science (SJD) cand., University of Toronto, Faculty of Law, 2017 - present
LL.M. University of Toronto, 2016
Second State Examination in Law (Bar Exam), Hamburg (Germany), 2014
First State Examination in Law, Hamburg (Germany), 2011
LL.B. Bucerius Law School, Hamburg (Germany), 2010
Awards and Distinctions
- Social Sciences and Humanities Research Council of Canada (SSHRC) Doctoral Fellowship, 2020-2022
- Helmut-Coing Scholarship for research at the Max Planck Institute for European Legal History (Frankfurt a.M.), 2018
- Dean's Graduate Student Leadership Award (University of Toronto, Faculty of Law), 2018
- German Academic Exchange Fund (DAAD) Doctoral Excellence Scholarship, 2017-2018
- Evangelisches Studienwerk e.V. Villigst Scholarship for Talented Students, 2007-2011
- German Academic Scholarship Foundation (Studienstiftung des Deutschen Volkes) Scholarship for Talented Students, 2007-2009
Professional Affiliations
Co-Chair of the Young Property Lawyer's Forum (YPLF)
Selected Publications

“Benjamin N. Cardozo’s Equitable Method and Judicial Lawmaking’s Auxiliary Role” (forthcoming, Yale Journal of Law & the Humanities)

 "Keeping It Private: The Impossibility of Abandoning Ownership and the horror vacui of the Common Law of Property"(2022) 66:4 McGill Law Journal 721–758

"From Local to Global on Multiple Pathways: A Review of Amnon Lehavi, Property Law in a Globalizing World" (2020) 68:3 American Journal of Comparative Law 695–700

"Immanent Ratio Legis and Statutory Interpretation" in Klappstein, Verena & Maciej Dybowski, eds, Ratio Legis - Philosophical and Theoretical Perspectives (Springer, 2018) 161–186

Works in Progress

"Not Too Few: The Necessary Minimum Set of Property Rights"

« Des Lieux par le Droit : Le Privé, le Public, et le Droit de Propriété » (engl : "Places through Law : The Private, the Public and Property Law")

Research Interests
Civil Law
Comparative Law
Equity and Trusts
Legal History
Legal Theory
Political Philosophy and Theory
Private International Law
Property Law
Supervisor
Committee Members

Legal Theory Workshop: Alice Ristroph

LEGAL THEORY WORKSHOP

Presents:

Alice Ristroph
Brooklyn Law School

Exceptionalist Jurisprudence aka The Law of the Snowflake

Pages