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Mary Jane
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Books
[Work in Progress]
Women in Law: Gender and Professional Identities
.
The First Women Lawyers: A Comparative Study of Gender, Law and the Legal Professions
(Oxford: Hart Publishing, 2006).
Families and the Law in Canada: Cases and Commentary
(Toronto: Emond-Montgomery Publishing, 2004).
Property Law: Cases and Commentary
(Toronto: Emond-Montgomery Publications): co-authored with William F Flanagan: first edition 1997; second edition 2004.
Journal Issues
“Choices and Commitments for Women: Challenging the Supreme Court of Canada in the Context of Social Assistance” (2004) 42:4
Osgoode Hall Law Journal
615.
Book Chapters
“Equity and ‘Family’ Relationships: Cohabitation and Constructive Trusts” in Mark R Gillen and Faye Woodman, eds.,
The Law of Trusts: A Contextual Approach
, 2
nd
ed. (Toronto: Emond-Montgomery Publishing, forthcoming 2006).
“Legal Education as a Strategy for Change in the Legal Profession” in E Sheehy and S McIntyre, eds.,
Calling for Change
(Ottawa: University of Ottawa Press, 2006).
“‘Les Personnes et La Famille’: Reflections on the Contribution of Justice Claire L’Heureux-Dubé” in Marie-Claire Belleau et François Lacasse, eds.,
Claire L’Heureux-Dubé at the Supreme Court of Canada, 1987-2002
(Québec: Wilson & Lafleur Ltée, 2004).
“Access to Justice in Family Law Matters: The Impact of Justice L’Heureux-Dubé” in Elizabeth Sheehy, ed.,
Adding Feminism to Law: The Contributions of Justice Claire L’Heureux-Dubé
(Toronto: Irwin Law Inc, 2004).
“Engendering the Legal Profession: The Education Strategy” in U. Schultz and G. Shaw, eds.
Women in the World’s Legal Professions
(Oxford: Hart Publishing, 2002).
“A Constitutional Right to Civil Legal Aid in Canada” in Canadian Bar Association,
Making the Case: the Right to Publicly-Funded Legal Representation in Canada
(Ottawa: CBA, 2002), with Cindy L. Baldassi.
"Gender Equality and the Canadian Charter: 'Making Rights Work' for Women?" in P.Thomas and P. Smith, eds.,
Making Rights Work
(Blackwell Pubs.: 1999).
"Family Law and Social Assistance: Rethinking Equality" (with Ms. Morag MacLean) in Patricia Evans and Gerda Wekerle, eds.,
Women and the Canadian Welfare State
(Univ. of Toronto Press: 1997) 117.
"The Charter and Access to Justice in Canada" in D. Schneiderman and K. Sutherland, eds.,
Charting the Charter: The Impact of Charter Rights on Canadian Law and Politics
(Univ. of Toronto Press: 1997).
"The Paradox of Feminist Engagement with Law" in N. Mandell, ed.,
Feminist Issues: Race, Class and Sexuality
(Prentice Hall: 1994); 2d edition (Prentice Hall: 1997).
"Challenging 'Hidden' Assumptions: (Women) Lawyers and Family Life" in M. Fineman and I. Karpin, ed.,
Mothers in Law
(Columbia Univ. Press: 1995).
"Gender Bias and the Legal Profession: Challenges and Choices" in J. Brockman and D. Chunn, eds.,
Investigating Gender Bias: Law, Courts, and the Legal Profession
(Thompson Education Pub: 1993) 147.
"Feminism and 'Re-visioning' Law: Toward a General Theory" in H. Dumont, ed.,
Femmes et Droit
(Les Editions Thémis: 1991) 191. (Presented to the 50th Anniversary Conference of Women in Law, Montréal 1991).
"Women Lawyers in Twentieth Century Canada : Re-Thinking the Image of Portia" in R. Graycar, ed.,
Dissenting Opinions: Feminist Explorations in Law and Society
(Allen and Unwin: 1990) 80.
"Access to Civil Justice: A Review of Canadian Academic Legal Scholarship 1977-1987" in A. Hutchinson, ed.,
Access to Civil Justice
(Carswell: 1990). (With Ms. Heather Ritchie; presented to the National Conference on Access to Civil Justice, 1988).
Individualism and Community: Family as a Mediating Concept" in A. Hutchinson and L. Green, eds.,
Law and Community: The End of Individualism?
(Carswell: 1988). (Presented to the O.H.L.S. Annual Lectures 1988).
"Family Law and Social Welfare in Canada", in Ivan Bernier and André Lajoie,
Family Law and Social Welfare Legislation in Canada
(U. of Toronto Press: 1986) at 43.
"Gender, Equality, and the Charter" in Rosalie S. Abella,
Research Studies of the Commission on Equality in Employment
(Min. Supply and Services: 1985) at 299.
"Purchasing, Leasing and Mortgaging Land" in
Law for the People
(Penguin 1976).
Journal Articles
“Defining Moments for Women as Lawyers: Reflections on the Impact of Numerical Gender Equality” (2005) 17:1
Canadian Journal of Women and the Law
.
“Cornelia Sorabji: A ‘Woman in Law’ in India in the 1890s” (2004) 16:1
Canadian Journal of Women and the Law
54.
“Conversations about Families in Canadian Courts and Legislatures: Are there ‘Lessons’ for the United States?” (2003) 32:1
Hofstra Law Review
171.
“Legal Education as a Strategy for Change in the Legal Profession” (2003) 10:2
International Journal of the Legal Profession
149 (republished in Calling for Change, above).
“Re-Thinking Access to Criminal Justice in Canada: A Critical Review of Needs and Responses” (with Dr. Patricia Hughes) (2002)
Windsor Journal of Legal and Social Issues
1.
“Justice, Technology and the Struggle for Hope” in (2002)
University of New Brunswick Law Journal
49.
“Gender Equality Education and the Legal Profession” (2000) 12
Supreme Court Law Review
, 2
nd
series 187.
“Le Féminisme et le Droit: Défis et Orientations” (1998) 10
Canadian Journal of Women and the Law
1.
“Achieving Gender Equality: Legal Principles and Social Arrangements” (1998) 32
University of Kobe LR
21.
“Child Support or Support for Children?: Re-Thinking the ‘Public’ and ‘Private’ in Family Law” (the Viscount Bennett Lecture) (1997) 46
UNB Law Journal
63.
"Gender Issues in Teaching Methods: Reflections on Shifting the Paradigm" (1995), 6
Legal Education Review
129.
"The Use of Non-Discriminatory Language in Law" (1995), 20
International Legal Practitioner
8; and (1994), 73
Canadian Bar Rev.
347.
"Gender Equality, Family Law and Access to Justice" (1994),
Int. J. of Law and the Family
357.
"'Running Hard to Stand Still': The Paradox of Family Law Reform" (the Horace E. Read Memorial Lecture, Dalhousie Law School) (1994), 17
Dalhousie Law Journal
5.
"Lawyers and Family Life: New Directions for the 1990's" (1994), 2
Feminist Legal Studies
, 61 (Part I); and 159 (Part II).
"Gender Equality and Legal Aid Services" (1993), 15
Sydney Law Review
30.
"Policy Options for Civil Legal Aid Services in Canada" (1993), 4
Windsor R. of Legal and Social Issues
1.
"Justice and the Family: Reflections on the 'Family' in the Work of Justice Wilson" (1992), 15
Dalhousie L.J.
115.
"'Les Belles Soeurs': Unquiet Questions About Gender and Family Justice" (1992) 17
Queen's Law Journal
465.
"Shoulder to Shoulder: Gender and Access to Justice" (1991), 10
Windsor Yearbook of Access to Justice
351 (Presented to the 10th Anniversary Conference of the Yearbook).
"A Matter of Simple Justice: Assessing the Report of the Royal Commission on the Status of Women in Canada" (1990), 22
Ottawa L.R.
573 (with Erika Abner and Elizabeth Pickett).
"Educating Men and Women for Service Through Law: Osgoode Hall Law School 1963-1988" (1988), 11
Dalhousie L.J.
885.
"'Invisible' Constraints on Lawyering and Leadership: The Case of Women Lawyers" (1988), 20
Ottawa L. R.
567. (Presented to the Australian Law and Society Conference, Sydney 1987).
"Portia's Progress: Women as Lawyers - Reflections on Past and Future" (1988), 8
Windsor Yearbook of Access to Justice
252 [presented to L.S.U.C. Continuing Legal Education Programme (1986), and CBAO Annual Institute (1988)].
"Property Developments in the Supreme Court of Canada: 1985-86" (1987), 9
Supreme Court L.R.
419.
"Feminism and Legal Method - The Difference it Makes" (1986), 3
Australian Journal of Law and Society
30; (1987), 3
Wisc. Women's L.J.
147; M. Fineman and N. Thomadsen, eds.,
At the Boundaries of Law: Feminism and Legal Theory
(Routledge, Chapman & Hall: 1990) 283; D. Kelly Weisberg, ed.,
Feminist Legal Theory
(Temple Univ. Press: 1993); and Tina Loo and Lorna McLean, eds.,
Law and Society in Canada
(Copp, Clark, Longman: 1994).
"Family Law and Social Welfare: Toward a New Equality" (1986), 5
Canadian Journal of Family Law
79 (with Ms. Morag MacLean; presented to the meeting of the CALT Family Law Section, 1985).
"Property Cases in the Supreme Court of Canada 1984-85" (1986), 8
Supreme Court Law Review
319.
"Toward Equality Through Legal Aid in Canada" (1986), 21
Journal of Canadian Studies
96 (with Ernie Lightman).
"Toward 'New Property' and 'New Scholarship': An Assessment of Canadian Property Scholarship" (1985), 23
Osgoode Hall Law Journal
633.
"'Otherness' and the Law School: A Comment on Teaching Gender Equality" (1985), 1
Can. J. Women and the Law
213.
"The Charter and the Right to Legal Aid" (1985), 1
Law and Social Policy
21.
"Developments in Property Law: the 1983-84 Term" (1985), 7
Supreme Court L.R.
355.
"Salary or Fee-for-Service in Delivering Legal Aid Services: Theory and Practice in Canada" (1984), 10
Queen's L.J.
(with Ernie Lightman).
"Community Legal Clinics in Ontario" (1983),
Windsor Yearbook of Access to Justice
375 (Presented to the Nelson Clarke Symposium on Legal Clinics, 1983).
"Women and Work and the Canadian Human Rights Act" in
Resources for Feminist Research
, fall 1979 (with Ms. Julie Jai; presented to the CALT Conference, 1978).
"Decision-Making by Welfare Tribunals: the Australian Experience" (1979), 29
University of Toronto Law Journal
218.
"The Baxter Case: De Facto Marriage and Social Welfare Policy" (1977), 2
University of New South Wales Law Journal
1 (Presented to the AULSA Conference, New Zealand, 1976).
"The Baxter Case: Social Security and Cohabitation Policy in Practice" (1976), 2
Leg. Serv. Bull.
(No. 3) 66.
"De Facto Marriage and the Social Services Act" (1975), 1
Leg. Serv. Bull.
(No. 10) 257.
"Legal Aid in N.S.W. - Politics and Policies" (1975), 47
Australian Quarterly
(No.1) 6 (with Dr. S. Ross).
"Clinical Legal Education: Challenging the Ghost of Langdell" (1973),
Tipstaff
(U.N.S.W.).
"The Ontario Board of Review: An examination of Some Decisions" (1972), 1
Bull, Can. Welfare Law
(No. 2) 6.
Case Comments
“
New Brunswick v. G. (J.)
: ‘An Unusual Case’?” (2000) 12 Canadian Journal of Women and the Law 490.
“A Comment on
New Brunswick v. G.(J.)
” for
Matrimonial Affairs
(CBAO, Toronto: 2000).
“Human Rights in the Legal Profession: Education as a Strategy for Change” (1996)
Human Rights Bulletin
#30 (HRREC, University of Ottawa)
Monographs & Reports
“A Constitutional Right to Civil Legal Aid in Canada?” (Canadian Bar Association, Ottawa: 2001, with Cindy Baldassi).
“Re-Thinking Access to Criminal Justice in Canada” (Department of Justice, Ottawa: 2001, co-authored with Dr. Patricia Hughes).
"Gender Equality and the Legal Profession" (Materials for Seminars on Gender Equality and Lawyers: 1995).
"Work and Family in the Legal Profession: Re-Thinking the Questions" (CBA National Conference of the Task Force on Gender Equality in the Legal Profession: 1992).
"Gender Equality and Legal Aid Services" for Department of Justice, 1992.
"Civil Legal Aid in Canada: Policy Options" for Department of Justice, 1990.
"Submission to the Royal Commission on Reproductive Technology" for Vanier Institute of the Family (Draft), 1990.
"A Report on Bill 42: An Act to Regulate the Activities of Paralegal Agents" for CBAO Council, 1986.
"Family Law and Social Welfare in Canada" for the Royal Commission on the Economic Union and Development Prospects for Canada (the MacDonald Commission) 1984.
"Gender, Equality and the
Charter
" for the Commission of Inquiry on Equality in Employment (the Abella Commission) 1984.
"Income Assistance and the
Charter
" for the Charter of Rights Education Fund (1983-84).
"Independence and Accountability: Evolving the Principles" for the Ontario Association of Legal Clinics (1984).
"Legal Services and Community Development: Competing or Compatible Activities", for the Ontario Association of Legal Clinics, Conference on Community Development, 1984.
"The
Charter of Rights
and Community Clinics in Ontario", for the L.S.U.C. Conference on Legal Aid Clinics and the
Charter
, 1983.
"Legal Aid in Canada", for the VIIth International Congress on Procedural Law, Wurzburg, 1983.
"University Clinics and Student Legal Aid Societies: A Review" for the Ontario Legal Aid Plan (1981).
"Issues in Law and Social Security" in Aust. Gov. Pub. Serv.,
Essays on Law and Poverty: Bail and Social Security
(1976).
Books Edited
The Judiciary as Third Branch of Government: Manifestations and Challenges to Legitimacy
(Montréal: Canadian Institute for the Administration of Justice: 1999); co-edited with Ghislaine Otis.
Other Presentations
"A Paradigm Shift in Canadian Law Schools?" in "Women in Scholarship: One Step Forward, Two Steps Back?" (
Proceedings of the Royal Society of Canada
, 1990).
Other
Review of Susan B. Boyd
Child Custody, Law and Women’s Work
(Oxford University Press: 2003) in National Association of Women and the Law,
Jurisfemme
(Fall 2003).
“The Challenge of Gendered Work in the Legal Profession”: Review of Hilary Sommerlad and Peter Sanderson
Gender, Choice and Commitment: Women Solicitors in England and Wales and the Struggle for Equal Status
(Aldershot: Ashcroft/Dartmouth, 1998) in (2001) 39:4
Osgoode Hall Law Journal
870.
Review of Patricia M Crotty
Women and Family Law: Connecting the Public and the Private
(New York: Peter Lang, 1997) in (1999)
Review of Constitutional Studies
109.
Review of S Ehrlich Martin and N C Jurik
Doing Justice, Doing Gender: Women in Law and Criminal Justice Occupations
(Thousand Oaks, Calif: Sage Publications, 1996) in (1998) 7
Social and Legal Studies
287.
Review of F Zemans and P Monahan
From Crisis to Reform: A New Legal Aid Plan for Ontario
(Toronto: York University Centre for Public Law and Public Policy, 1997) in (1998) 16
Windsor Yearbook of Access to Justice
261.
Review of Council of Universities (Committee on Status of Women),
Employment Equity for Women: A University Handbook
(1988) in "The Second Decade" (York University: 1988).
"Bertha Wilson" for Rebecca Mae Salokar and Mary L. Volcansek, eds.
Women in Law: A Bio-Bibliographical Sourcebook
(Greenwood Press: 1996).
"Families and Family Law" in C. Andrew and S. Rodgers, eds.,
Women and the Canadian State
(McGill-Queens: 1995).
"Lawyers and Family Life? A Review of the CBA Task Force on Gender Equality" (1994), 7
Can. J. of Women and the Law
238.
"The Paradox of Family Law Reform" (1993)
CBA Feminist Law News
; and in revised form (1994), 24 # 24
York Gazette
2.
"Women and the (Legal) Academy: A Paradigm Shift?" (1992), 6
Socio-Legal Bulletin
11.
"On Sleepwalking, Surveys and the Law Schools" in (1992), 99
Queen's Quarterly
240.
"Constitutional Reform and the Feminization of Poverty" in David Schneiderman, ed.,
Conversations: Women and Constitutional Reform
(Centre for Constitutional Studies: 1991) 83.
"Celebrating a New Direction in Graduate Legal Studies" in
Jurisprudence Papers
(Carleton University: 1991).
Review of M. Thornton,
The Liberal Promise
(Oxford Univ. Press: 1990) in (1991), 9
Law in Context
126.
Review of P. Girard and J. Phillips, eds.,
Essays in the History of Canadian Law, Volume III: Nova Scotia
(The Osgoode Society: 1990) in (1991), 70
Can. Bar Rev.
787.
Review of R. Graycar and J. Morgan,
The Hidden Gender of Law
(Federation Press: 1990) and B. Dawson, ed.,
A Chronology of Women and Law in Canada and Women, Law and Social Change
(Captus Press: 1990) in (1992) 5:2
Can. J. of Women and the Law
521.
"Re-Thinking the Feminization of Poverty" in (1990),
Jurisfemme
(#2) 7.
"The Past as Prologue: Women and the Law" in
Lawyering and Legal Education into the 21st Century: Seminars in Honour of the 75th Anniversary of Manitoba Law School
(Legal Research Institute: 1990).
Review of M.A. Glendon,
Abortion and Divorce in Western Law: American Failures and European Challenges
(Harv. U. Press: 1987) in (1989-90), 3
Can. J. Women and the Law
650.
Review of Eekelaar and Maclean,
Maintenance After Divorce
(Clarendon Press, Oxford: 1986) in (1989), 3
Can. J. Women and the Law
293.
"Sexual Equality and University Sport" (York University, Nellie Langford Rowell Library: 1987).
Review of Bayefsky and Eberts,
Equality Rights
(Carswell: 1985) in (1987), 66
Can. Bar Rev.
185.
"The
Family Law Act
" for
Transition
, the newsletter of the Vanier Institute of the Family (December 1986).
Review of Weitzman,
The Divorce Revolution: The Unexpected Social and Economic Consequences for Women and Children in America
(Macmillian, Inc. 1985) in (1986), 5
Can. J. Family Law
341.
Review of O'Donovan,
Sexual Differences in Law
(Weidenfeld and Nicholson: 1985) in (1986), 35
U. of New Brunswick L.J.
221.
Review of Chester,
Unequal Access: Women Lawyers in a Changing America
(Bergin and Garvey, Mass: 1985) in (1986), 2
Can. J. Women and the Law
178.
"Research in Legal Education" (1984), 4
Orientations
(York University).
Entry on "Legal Aid" for
New Canadian Encyclopedia
1984; and 1997.
Review of Belobaba and Gertner, eds.,
The New Constitution and the Charter of Rights: Fundamental Strategies
(1982), 4
Supreme Court L.R.
in (1984)
Can. Human Rights Y.B.
291.
Review of Creighton,
Working Women and the Law
(Mansell: 1979) in (1980), 9 Resources for Feminist Research 46.
Review of McCaughan,
Legal Status of Married Women in Canada
(1977) in (1978) 1
Can. J. Family Law
608.
Review of Rossie, Berk, Erdson,
The Roots of Urban Discontent: Public Policy, Municipal Institutions and the Ghetto
(1974) in 1975
Australian Social Science Review
.
You and the Law
(Queens' 1971) A pamphlet about legal rights, 7th ed.