University of Toronto Law Journal

University of Toronto Law Journal

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The University of Toronto Law Journal has taken a broad and visionary approach to legal scholarship since its beginnings in 1935.  Its first editor, Professor WPM Kennedy, hoped that the Journal would foster a knowledge of law “as [the] expression…of organized human life, of ordered progress, and of social justice.” The University of Toronto Law Journal has since established itself as a leading journal for theoretical, interdisciplinary, comparative and other conceptually oriented inquiries into law and law reform.  The Journal regularly publishes articles that study law from such perspectives as legal philosophy, law and economics, legal history, criminology, law and literature, and feminist analysis.  Global in relevance, international in scope, it publishes work by highly regarded scholars from many countries, including Australia, Israel, Germany, New Zealand, the United States and the United Kingdom.

The University of Toronto Law Journal is currently ranked first among all general refereed law journals worldwide by the Washington and Lee most cited legal periodicals list, a position that it has held since 2007.  UTLJ also received the highest ranking for journal quality from the Australian Research Council and is recommended to British law libraries by the Society of Legal Scholars.

The University of Toronto Law Journal appears in numerous legal and social science databases, including Lexis, Westlaw, HeinOnline, JSTOR, Project Muse and SCOPUS.

Published quarterly

ISSN: 0042–0220
E-ISSN: 1710-1174

Editor—David Dyzenhaus

David Dyzenhaus is a professor of Law and Philosophy at the University of Toronto, and a Fellow of the Royal Society of Canada. He has taught in South Africa, England, Canada, Singapore, New Zealand, Hungary, and the USA. He holds a doctorate from Oxford University and law and undergraduate degrees from the University of the Witwatersrand, South Africa. In 2002, he was the Law Foundation Visiting Fellow in the Faculty of Law, University of Auckland. In 2005-06 he was Herbert Smith Visiting Professor in the Cambridge Law Faculty and a Senior Scholar of Pembroke College, Cambridge. In 2014-15, he will be the Arthur Goodhart Visiting Professor in Legal Science in Cambridge.

Professor Dyzenhaus is the author of Hard Cases in Wicked Legal Systems: South African Law in the Perspective of Legal Philosophy (now in its second edition), Legality and Legitimacy: Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar, and Judging the Judges, Judging Ourselves: Truth, Reconciliation and the Apartheid Legal Order. He has edited and co-edited several collections of essays. In 2004 he gave the JC Smuts Memorial Lectures to the Faculty of Law, Cambridge University. These were published by Cambridge University Press in 2006 as The Constitution of Law: Legality in a Time of Emergency.

Book Review Editor: Professor Malcolm Thorburn

Managing Editor: Joanna Langille

Editorial Board Members:
Professor David Beatty
Professor Alan Brudner
Professor Bruce Chapman
Professor Sujit Choudhry
Professor Brenda Cossman
Professor Ronald Daniels
Professor David Dyzenhaus
Professor Martin Friedland
Professor Gillian Hadfield
Professor Edward Iacobucci
The Hon. Mr. Justice Frank Iacobucci
Professor Brian Langille
Professor Patrick Macklem
Professor Mayo Moran
Professor Jennifer Nedelsky
Professor James Phillips
Professor Robert Prichard
Professor Denise Réaume
Professor Arthur Ripstein
Professor Kent Roach
Professor Carol Rogerson
Professor Ayelet Shachar
Professor Hamish Stewart
Professor Michael Trebilcock
Professor Stephen Waddams
Professor Ernest Weinrib

Submission Information
All University of Toronto Law Journal submissions, reviews, and editorial work is done through our online peer review management system, ScholarOne Manuscripts. At this time, we would ask that you please contribute content to the journal through ScholarOne Manuscripts.

If you are a new contributor to the journal, please visit https://mc04.manuscriptcentral.com/utlj and select “register here” to create a new account. You will be asked to fill in a brief contributor form. Be sure to click the “finish” button to save your data. You will then be able to log in, using the username and password you created, and view the contributor homepage, which is the starting point for all functions available to you as a contributor.

If you are a returning contributor to the journal, please visit https://mc04.manuscriptcentral.com/utlj and follow the prompts to log in.

If you previously held an account on PRESTO, you will need to reset your password before logging in for the first time on ScholarOne. To do so, please visit https://mc04.manuscriptcentral.com/utlj and enter your e-mail address in the “Password help” box and press “go” only once. You will receive an e-mail with a link to reset your password. Once the password has been reset, you will be able to log in and view the contributor homepage, which is the starting point for all functions available to you as a contributor.

For technical support, please visit http://mchelp.manuscriptcentral.com/gethelpnow/ or contact ts.mcsupport@thomson.com.

Submission Guidelines
Reviewer Guidelines
Book Review Guidelines

For inquiries, please contact the editor, David Dyzenhaus (david.dyzenhaus@utoronto.ca).

ARK – Author Resource Kit

ARK is a compilation of advice, guidelines and valuable information for authors as they are choosing where and how to submit their work for publication. ARK contains information on the publication process, how/where/what to submit for publication, promotion, how to contact UTP Journals and much more. ARK is available free online.

UTLJ Online features a comprehensive archive of past and current issues and is an incredible resource for individuals and institutions alike. Subscribers to UTLJ Online enjoy:


Early access to the latest issues - Did you know that most online issues are available to subscribers up to two weeks in advance of the print version? Sign up for e-mail alerts and you will know as soon as the latest issue is ready for you to read.

 

Everything you need at your fingertips - search through current and archived issues from the comfort of your office chair instead of by digging through book shelves or storage boxes. The easy- to-use search function allows you to organize results by article summaries, abstracts or citations. You can also bookmark, forward reference link through DOI or CrossRef, export, and print a specific page, chapter or article.

 

Enhanced features not available in the print version - supplementary information, colour photos, videos, audio files, etc. encourage further exploration and research.


Project MUSE
UTLJ is part of Project MUSE, a unique collaboration between libraries and publishers providing 100% full-text, affordable, and user-friendly online access to 300 high-quality humanities, arts, and social sciences journals from various scholarly publishers.

Comments/Questions?
Do you have comments or questions about any of our journals? We would love to hear from you.
Tell us what you think – write, email or call us at:

University of Toronto Press — Journals Division
5201 Dufferin Street
Toronto, ON M3H 5T8 Canada
Tel: (416) 667-7810 Fax: (416) 667-7881
Email: journals@utpress.utoronto.ca


64. 4, May 2014
The Residential School Litigation and Settlement
http://www.utpjournals.press/toc/utlj/64/4
Guest Editors: Mayo Moran and Kent Roach This is the first symposium issue to take an in-depth look at Canada's Aboriginal Residential School litigation which was the largest class action in Canadian history and the innovative agreement that settled it. The volume provides insider and comparative perspectives on the settlement agreement as well as outlining the historical and contemporary context of the residential schools that many Aboriginal people in Canada were required to attend. The issue also includes critical examinations of the litigation and of various features of the settlement itself. It also looks at the larger context including the conduct of lawyers in the litigation. Mayo Moran is Dean and James Marshall Tory Professor of Law at the Faculty of Law University of Toronto. Kent Roach is Professor of Law and Prichard-Wilson Chair of Law and Public Policy at the University of Toronto Faculty of Law


63.3, Summer 2013
Focus Feature - R v Mabior and R v Dc: Sex, Hiv, And Non-Disclosure, Take Two
In this focus feature, we offer three perspectives on the recent Supreme Court of Canada judgments in R v Mabior and R v DC, which attempted to clarify when a person living with HIV will be subject to criminal liability for failing to disclose this condition prior to engaging in sexual intercourse. Martha Shaffer argues that the Court missed an opportunity to reconsider the test for sexual fraud it had laid out in its 1998 decision in R v Cuerrier, a test that, since its inception, has proven difficult to apply. Isabel Grant argues that the Court has over-criminalized HIV non-disclosure through treating all cases where there is a realistic possibility of transmission as aggravated sexual assault regardless of whether transmission of the virus takes place. Alison Symington notes that the Court’s punitive approach is out of step with recent scientific and medical advancements with respect to HIV transmission and treatment and that, while the Court set out a risk-based test, it did not appropriately weigh the evidence regarding the risk of HIV transmission. These three perspectives demonstrate that the criminalization of HIV non-disclosure in Canada remains deeply problematic.


63:1 Winter 2013
Focus Feature: Foxes, Seals, Whales, and The Rule of Capture: Animals in The Law and Legal History

The common-law rule on the capture of wild animals is often cited by law and economics scholars to demonstrate the superiority of clear rules over vague or “fuzzy” standards. In countless property law courses, the famous fox hunt case, Pierson v Post (1805), is used to support the “catch it and kill it if you can” view of property: mere pursuit of a wild animal is insufficient to establish possession. Where “hot pursuit” might have been sufficient according to the sportsman’s custom, escape was always possible, and the law preferred certainty. In this focus feature edited by Angela Fernandez, three scholars spanning law and history challenge this rules versus standards approach to the rule of capture, demonstrating that, understood historically, the situation is much more complicated and interesting – which wild animal, which type of hunting, in what period all turn out to be important.

Bruce Ziff explores the way that late nineteenth-century Newfoundland courts wrestled with the conflict between the law of capture and a local practice of “deemed abandonment” for seal pelts. Discussing whale hunting, long understood as a place where the law defers to various customs, Robert Deal argues that these customs have been distorted by many, from the great novelist Herman Melville to the law and economics scholar Robert Ellickson. Angela Fernandez traces how Pierson v Post came into the American law school casebooks and explains the successive meanings given to the case by twentieth-century legal scholars, including its use in the rules versus standards debate. Christopher Tomlins provides a comment on the three articles.

63:2 Spring 2013
Focus Feature: Criminal Jurisdiction: Comparison, History, Theory

This focus feature hopes to start a fresh conversation about criminal jurisdiction, in domestic and international law, informed by comparative, historical, and theoretical perspectives. Jurisdiction is a fantastically rich subject that receives either too little or too much attention: too little attention as a way to get at basic questions about the nature of power, sovereignty, punishment, community and too much attention as a doctrinal or administrative matter of curial coordination.

Mireille Hildebrandt provides a wide-ranging investigation into the history and nature of jurisdiction, ranging from Bodin to Web bots, and from Grotius to cyber war, and calls for a reconceptualization of jurisdiction, in the sense of law enforcement, insofar as it reflects the non-traditional spatiality of cyberspace without also moving beyond the realm of law: a conception of jurisdiction that is a-territorial without being a-legal. Lindsay Farmer investigates the historical and theoretical relationship between territoriality and jurisdiction, and argues that the jurisprudence of jurisdiction, despite its technical façade, is concerned with “the normative power and authority of the criminal law.” Marcus Dubber takes a comparative-historical look at criminal jurisdiction, focusing on German and common criminal law in an attempt to explore the connection between bases of jurisdiction and conception of state’s penal power. Guyora Binder examines the concept of jurisdiction in international criminal law, presenting a critical analysis of international criminal jurisdiction in light of the same principles that undergird “the power to proscribe and punish” in the domestic sphere: “efficacy, fairness, and legitimacy.”

61.4, Fall 2011
Special Issue: Constitutionalism and the Criminal Law

61.2 Spring 2011
Special Issue: Understanding Law on Its Own Terms: Essays on the Occasion of Ernest Weinrib's Killam Prize

61.1, Winter 2011
Focus Feature: The Air India Report and The Regulation of Charities and Terrorism Financing

60. 4, Fall 2010
Focus Feature: The Resurgence of Philosophical Legal Ethics

60.2 Spring 2010
Special Issue: Law, Economics and Public Policy: Essays in Honour of Michael Trebilcock

60.1 Winter 2010
Special Issue: The Role of the Courts in Constitutional Law

59. 2, Spring 2009
Focus: Economics and Comparative Law

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University of Toronto Law Journal is published quarterly by the University of Toronto Press with the support of the Social Sciences and Humanities Research Council of Canada.


In response to the Tri-Agency Open Access Policy on Publications University of Toronto Law Journal has developed a plan to ensure our authors are able to comply with the policy. There are two flavours of open access allowed by the Tri-Agency - green and gold - and we have an option for both.
Green Open Access
Twelve (12) months after publication of the version of record (i.e., the article after copyediting, tagging, typesetting, etc.), the author may deposit a copy of the accepted article in their institutional repository. Please let us know when the deposit is made so that we can update our records.
Gold Open Access
At publication, the final version of record will become freely available on our primary platform, utpjournals.press. The Author Publication Charge is $3,000.

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