Such a 19th-century case of murder and cannibalism is highlighted in Osgoode Hall Law School Professor 's new book, . Hutchinson, a Distinguished Research Professor, takes a look at eight cases in his book and how they have strongly influenced common law.

“These are interesting stories largely about interesting people who end up in extraordinary circumstances,” says Hutchinson. He chose these stories to illustrate that the law is a lot less structured and technical than most people realize. It is not just arcane rituals and rules. “It’s a gritty, sometimes grubby process of trying to develop law on the fly. When you scrub everything away, the law looks at dilemmas that change us as a society.”

One of the more famous dilemmas Hutchinson explores is well known by law students around the world – the 1884 case of R vs. Dudley and Stephens involving the murder and consumption of cabin boy Richard Parker following the wreck of the Mignonette, which sailed out of England and headed to Australia.

Captain Tom Dudley, Edwin Stephens and Parker abandoned the yacht for the lifeboat with nothing more than two tins of turnips and no water. About three weeks later, with Parker in a coma, Dudley and Stephens decided to kill and eat him to survive. Once rescued and back in England, the pair stood trial for murder and were sentenced to death – the judges having decided that there was no common law defence of necessity to a charge of murder, legally, ethically or morally. In the end, the men only had to serve six months in prison.

Left: Allan Hutchinson

That ruling, says Hutchinson, continues to have repercussions in common law today. "But the most startling coincidence is one of those rare occasions where life follows art," says Hutchinson. In 1837, almost 50 years before the Mignonette set sail, Edgar Allan Poe published his only novella: The Narrative of Arthur Gordon Pym of Nantucket. "The story tells of a young man who is shipwrecked along with two others. They survive for several days on the ship’s floating hull, but soon realize that they can only survive if one of them sacrifices himself for the benefit of the other two. After drawing lots, the cabin boy loses out and is killed and eaten. In an uncanny omen of things to come, the cabin boy’s name was none other than... Richard Parker,” writes Hutchinson.

Another case he examines is that of a woman in Scotland who, after buying a soda and drinking half of it, pours out the rest to discover a snail at the bottom. The woman falls ill and her case is taken up by a lawyer who makes it “his life mission to bring this case to the top,” says Hutchinson.

“It seriously influenced common law. It is probably the most well-known case in Canadian and British law as it gave rise to a whole set of legal doctrines and rules that make up tort law.” That one case has affected the law around medical malpractice, legal liability, whether someone in danger should be rescued and the responsibilities of manufacturers to ensure their products are safe.

The only Canadian case in Is Eating People Wrong? – Roncarelli vs. Duplessis – involved the persecution of Jehovah's Witnesses in Quebec by then-Premier Maurice Duplessis. Canadian Frank Scott, a poet, McGill University professor and constitutional expert, defended Frank Roncarelli, a Jehovah's Witness, in legal action against Duplessis after he revoked the liquor license for Roncarelli’s restaurant. It was revoked after Roncarelli had bailed out hundreds of Jehovah's Witnesses who had been arrested for selling their magazine. The Supreme Court ruled that Duplessis had overstepped his authority and that no public official was above the law.

These are all cases that tested the legal system and society, and continue to impact decisions today. But they started with people who were thrust into circumstances that needed the courts to sort out. They are interesting, quirky and not easily resolved, but they are relied upon as common law.

Hutchinson was elected to the Royal Society of Canada in 2004, and in 2007 he received a University-Wide Teaching Award and was a visiting professor at Harvard Law School. A legal theorist, he is interested in law and politics, legal theory, the legal profession, constitutional law, torts, jurisprudence, civil procedure and racism.

He has published in most of the common law world's leading law journals. Much of his work has been devoted to examining the failure of law to live up to its democratic promise. His most recent books include Evolution and the Common Law (Cambridge University Press, 2005) and The Companies We Keep: Corporate Governance for a Democratic Society (Irwin Law, 2005).

His next book will examine some of the great judges and their influences.

By Sandra McLean, YFile writer

Republished courtesy of YFile– 91��ɫ’s daily e-bulletin.

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Left: Annie Bunting

Bringing together historians of slavery and women's human rights scholars, this workshop will explore the phenomenon of forced marriage and enslavement from comparative and historical perspectives.

During conflicts in Sierra Leone, Liberia, the Democratic Republic of the Congo (DRC), Uganda and Rwanda, women were kidnapped, raped and forced into "marriages" with combatants. recently found such gender violations to constitute a new crime against humanity of forced marriage as opposed to sexual slavery.

Workshop speakers will explore the merits of prosecuting those responsible for forced marriage under the heading of Sexual Slavery, Forced Marriage or Enslavement? They will also explore the historical antecedents of servile marriage and enslavement of women.

A keynote presenter at the workshop is , chair of the Women's Forum in Sierra Leone, a national umbrella organization of women's groups in the region. M'Carthy has been working with the for the past three years and will speak about the experiences of female victims in the Sierra Leone war. Other presenters will discuss comparable practices in Uganda, Rwanda and the DRC.

Speaking at the workshop are:

• , president of Free the Slaves
• Gaëlle Breton-LeGoff, a lecturer at the University of Quebec in Montreal
• 91��ɫ law & society Professor
• , a senior researcher in children, armed conflict and human rights at the Feinstein International Center at Tufts University
• 91��ɫ Distinguished Research Professor Paul Lovejoy, director of The Harriet Tubman Institute for Research on the Global Migrations of African Peoples and
• Rosaline M’Carthy, President, Women's Forum of Sierra Leone
• , Open Society Initiative for Eastern Africa (OSIEA), Harvard Law School
• Osgoode Hall Law School Professor
• University of Hull Professor Joel Quirk,
• , RCUK Fellow in International Slavery at the University of Liverpool
• , 91��ɫ PhD candidate in history, The Harriet Tubman Institute for Research on the Global Migrations of African Peoples
• Jody Sarich, DePaul University, Free the Slaves

This workshop is the first of two conferences supported by a grant. In February 2011, Bunting will host a larger international conference in Freetown, Sierra Leone. Today's workshop is supported by numerous areas at 91��ɫ, including the Nathanson Centre on Transnational Human Rights, Crime & Security, the Office of the Provost, the Office of the Vice-President Research & Innovation, the dean of the Faculty of Liberal Arts & Professional Studies (LA&PS), and The Harriet Tubman Institute for Research on the Global Migrations of African Peoples.

For more information, visit The Harriet Tubman Institute for Research on the Global Migrations of African Peoples website or contact Kathy Mirzaei, interim graduate program assistant, Department of Sociology, LA&PS.

Republished courtesy of YFile – 91��ɫ’s daily e-bulletin.

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“The question becomes at what point does any given individual weigh the cost of the experience against the benefit of the visit,” says Latham, adding that several factors, including the training and experience of the border guards, can impact the experience for an individual.

Latham said he is against the aggressive approach to security and believes it is possible to stop the few bad apples without alienating the majority of good people.

“We know the percentages are very, very low of people who are up to no good, creating some kind of deception in order to commit a crime or engage in terrorism,” says Latham. “So the question becomes what does the ‘culture’ of mistrust get you if you end up alienating a large number of people who are only interested in vacation, visiting family, or engaging in legitimate business.”

Republished courtesy of YFile– 91��ɫ’s daily e-bulletin

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The (CCVF) has pledged $25,000 for the research initiative which will help address a critical gap in crime research, according to the lead researchers. “Victims of extreme violence, and their family members, have long been ignored in the halls of science, as well as in the legal system,” said 91��ɫ psychology Professor Jennifer Connolly, immediate past director of the LaMarsh Centre for Research on Violence & Conflict Resolution.

CCVF co-founders Joe and Lozanne Wamback (BSc Spec. Hons. ’77) presented a cheque to the LaMarsh Centre during the foundation’s annual gala on May 28. The couple formed the foundation after a 1999 near-fatal assault on their 15-year-old son Jonathan, who is currently studying English and French at 91��ɫ.

Right: From left, Jennifer Connolly and Harvey Skinner

“91��ɫ was chosen as the best research environment to invest in a more compassionate and understanding future for all Canadians,” said Joe. “This exciting partnership with one of Canada’s most esteemed academic institutions will set new standards into understanding the needs of survivors of violence and families of homicide victims.”

About one in five crimes reported to the police are of a violent nature. In 2008, there was an average of 932 incidents of violent crime for every 100,000 Canadians, according to the annual Vital Signs report from the Community Foundations of Canada. Through the LaMarsh Centre, the research program will provide clinicians with new insights into effective counselling and will guide important policies on victims’ rights.

Harvey Skinner, dean of 91��ɫ's Faculty of Health, affirmed the importance of the gift which will help cement 91��ɫ as a leader in research on victims of extreme violence. “Therapeutic treatment for crime victims and their families is largely uncharted territory,” Skinner said. “This kind gift allows the Faculty of Health, the LaMarsh Centre and the 91��ɫ Psychology Clinic to research and then apply that research to serve victims of crimes and their loved ones.”

Left: The donation from the CCVF was presented at their eighth annual gala on May 28. From left, Lozanne Wamback, co-founder and victim support chair of the CCVF; Harvey Skinner, dean of 91��ɫ's Faculty of Health; Stephen Fleming and Jennifer Connolly, both professors in 91��ɫ's Department of Psychology in the Faculty of Health; and Joe Wamback, co-founder and board chair of the CCVF.

Connolly will lead the research component that aims to further enhance an understanding of the devastating effects of extreme violence on victims and their families, as well as the coping strategies that lead to recovery. “This generous gift from the Canadian Crime Victim Foundation will break new ground in focusing attention on the profound and far-reaching effects of violent crimes on youth and their families,” she said.

91��ɫ psychology Professor Stephen Fleming will lead the clinical component through the 91��ɫ Psychology Clinic, providing enhanced clinical training in trauma intervention for graduate psychology students. A member of the CCVF Professional Advisory Committee, Fleming noted the need for increased training to help victims cope with the immediate and long-term effects of their experience with violence. Many are re-traumatized long after their initial ordeal while navigating the legal system.

“Through the 91��ɫ Psychology Clinic and the generous donation from Joe and Lozanne Wamback, 91��ɫ graduates will be uniquely qualified and trained to provide critical assessment and treatment to victims of extreme violence,” said Fleming.

A workshop in intervention for traumatized children and adults is in preparation for the fall.

For more information about giving to 91��ɫ, contact Nicole Arnold, chief development officer for the Faculty of Health in the 91��ɫ Foundation, at 416-650-8076 or visit the 91��ɫ Foundation Web site.

Republished courtesy of YFile– 91��ɫ’s daily e-bulletin.

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Scott, who is the director of Osgoode’s Jack & Mae Nathanson Centre on Transnational Human Rights, Crime & Security, has been awarded a 2010 Ikerbasque Fellowship by the Bacsque Foundation for Sience. The foundation is a granting agency established by the Government of the Basque Country in Spain in 2008 with the mission to consolidate the Basque Country as “a European point of reference for excellence in the field of research.”

Left: Craig Scott

The fellowship will support 12 months of personal research and collaboration with the Transnational Law Research Group of the University of Deusto in Bilbao, Spain. Scott will build on his existing scholarship pertaining to the civil liability aspects of corporate social responsibility in relation to human rights and environmental protection, as well as interact with Deusto’s Trans-Law Research Group to widen the scope of the group’s study of economic law.

Right: Stepan Wood

Wood, who is the coordinator of Osgoode's Juris Doctor-Master in Environmental Studies Joint Program and director of the Moot Court Program, has been awarded a Jean Monnet Fellowship at the Robert Schumann Centre for Advanced Studies at the European University Institute (EUI) in Florence, Italy. Wood will complete a project titled “ISO 26000 and the Legitimation of Transnational Governance Authority in the Field of Corporate Social Responsibility” during his sabbatical next year.

Wood is the fifth Osgoode faculty member to have been chosen as a Jean Monnet Fellow at EUI, following Professors Michael Mandel, Craig Scott, Peer Zumbansen and Robert Wai.

Republished courtesy of YFile – 91��ɫ’s daily e-bulletin.

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91��ɫ has been awarded a grant to establish a European Union Centre of Excellence(EUCE). Recognized for the excellence, breadth and depth of its European Union (EU) studies and scholarly activities, 91��ɫ will receive funding of $480,000 over three years to integrate the University’s existing research, teaching, outreach and networking activities on Europe and the European Union (EU), and introduce and facilitate new activities on the EU and EU-Canada relations.

91��ɫ is recognized as a leader in European studies and has been actively building its concentration in EU studies. Over the past few years, 91��ɫ has attracted numerous new European-focused faculty appointments across a variety of disciplines, including law, political science, business, public administration and humanities. The hub of this activity has been the Canadian Centre for German & European Studies (CCGES), whose affiliated faculty and staff form a natural constituency and administrative backbone for the activities planned by the new EUCE.

“We are tremendously proud of 91��ɫ’s leadership and research excellence in European studies,” said Stan Shapson, vice-president research & innovation. “The activities of the EUCE will promote understanding and knowledge of the European Union as a major player in the global political and economic system, and will be key in promoting the importance of the EU-Canada relationship, its political, economic, security and cultural dimensions, and the widening range of global and regional issues jointly addressed by the EU and Canada.”

With this award, 91��ɫ joins a network of two dozen EUCEs worldwide. 91��ɫ’s EUCE will be hosted by CCGES and directed by Willem Maas (right), Jean Monnet Chair in European Integration and professor of political science and public & international affairs at Glendon College.

The EUCE’s multidisciplinary team also includes:

• Burkard Eberlein, policy professor in the Schulich School of Business;
• Roger Keil, director of the CITY Institute and CCGES, and a professor in the Faculty of Environmental Studies;
• Heather MacRae, professor in the Department of Political Science, Faculty of Liberal Arts & Professional Studies (LA&PS);
• Peter McIsaac, professor in the Department of Languages, Literatures & Linguistics, (LA&PS);
• Ian Roberge, professor of political science and public & international affairs at Glendon College;
• Karen Robson, sociology professor in the Department of Sociology, (LA&PS);
• Craig Scott, director of the , and professor in Osgoode Hall Law School;
• Dagmar Soennecken, professor in the School of Public Policy & Administration, (LA&PS);
• Leah Vosko, Canada Research Chair in Feminist Political Economy and professor in the Department of Political Science, (LA&PS);
• Robert Wai, professor in Osgoode Hall Law School;
• Peer Zumbansen, Canada Research Chair in the Transnational & Comparative Law of Corporate Governance and professor in Osgoode Hall Law School.

About the European Union Centres of Excellence

Established in 1998 by the European Union, the network of European Union Centres of Excellence in universities provides information and education about the European Union. In Canada, the objectives of the EU Centres are to increase awareness about the political, economic and cultural importance of the EU-Canada relationship, to promote greater understanding in Canada of the European Union and its policies, and to disseminate information and publicize EU views on issues of interest within regional communities.

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