Daniel Del Gobbo (SJD 2021) is currently a Banting Postdoctoral Fellow, McGill University Faculty of Law. His thesis title is "Negotiating Feminism: Campus Sexual Violence and the Politics of Settlement".
About Daniel's research:
Daniel's research falls at the intersections of civil procedure, human rights and equality, access to justice, and critical theory. He is interested in exploring how legal institutions can be redesigned to promote more fair, equal, and accessible outcomes for women, LGBTQ2 peoples, and other historically marginalized groups.
Daniel has signed an advance contract to publish his thesis at the University of Toronto Faculty of Law (Negotiating Feminism) as a book with the University of Toronto Press, expected in 2022 or 2023. Over the course of six chapters, Daniel argues that colleges and universities should empower complainants with the choice to proceed with their complaints in campus adjudication, mediation, or restorative justice in what he calls the “plural process” model of campus sexual violence policy. Correspondingly, Daniel argues that legal and administrative efforts to ban the use of mediation and restorative justice in campus sexual violence cases are misguided. One of Daniel's central claims in the thesis is that feminist concerns about mediation and restorative justice are symptomatic of feminism’s broader turn to law and victims’ rights discourse in contemporary modalities of feminist anti-rape activism, commitments that originate in the feminist “sex wars” from the late 1970s to early 1990s and continue to the present day. Formalistic and legalistic trends within feminism have entailed a principled resistance to mediation and restorative justice because they challenge these commitments.
Building on his interests in civil procedure and gender justice, Daniel's current research as a Banting Postdoctoral Fellow at the McGill University Faculty of Law explores the potential of restorative justice and transformative justice to address systemic human rights abuses and promote reconciliation with LGBTQ2 peoples. The focus of his research is the Canadian “Gay Purge”: the historical sanctioning and discharging of gender and sexual minorities from the military and federal public service between 1955 and 1992. The Gay Purge is the subject of a class action and settlement agreement in the Federal Court of Canada that resulted from a process which purported to embody the values of restorative justice. Daniel's research investigates the extent to which the legal mechanisms employed in the case – praiseworthy as they may be – reflect a gap between restorative justice and the requirements for social change.
"I am incredibly fortunate to have worked with [Professors] Brenda Cossman and Simon Stern as co-supervisors of my doctoral dissertation and Lorne Sossin as the third member of my graduate committee," says Del Gobbo. "Brenda, Simon, and Lorne introduced me to new thinkers and theories, challenging me to think more critically and creatively than I otherwise would have done. Brenda, Simon, and Lorne went out of their way to find opportunities for me to teach, meet leaders in my field, and grow as a scholar. Over the course of five years, countless meetings, brainstorming sessions, and conference dinners, they taught me how to research and write with openness, sensitivity, and rigour by showing me the way. My thesis was made possible by their contributions."