Malcolm Lavoie, BA (Hons) (UBC), MSc (LSE), BCL, LLB (McGill), LLM, SJD (Harvard)

Assistant Professor, Faculty of Law - Admin

Contact

Assistant Professor, Faculty of Law - Admin
Phone
(780) 492-9809
Address
437 Law Centre
8820 - 111 St NW
Edmonton AB
T6G 2H5

Overview

About

Malcolm Lavoie joined the University of Alberta Faculty of Law in 2015. His research deals with property law, Aboriginal law, and the intersection between private law and constitutional law. He holds a B.A. (Hons.) in Economics from the University of British Columbia; M.Sc. (Distinction) in Political Theory from the London School of Economics; B.C.L. and LL.B. from the McGill University Faculty of Law; and LL.M. and S.J.D. from Harvard Law School. He served as a law clerk for the Hon. Justice Frans Slatter of the Alberta Court of Appeal (2012-2013) and later for the Hon. Justice Rosalie Abella of the Supreme Court of Canada (2013-2014). During the course of his graduate studies at Harvard, he was a Frank Knox Memorial Fellow, Fulbright Scholar, Weatherhead Center Graduate Research Fellow, and Project on the Foundations of Private Law Fellow. He was a recipient of the 2017 Canadian Association of Law Teachers (CALT) Scholarly Paper Award, as well as the 2015 Harvard Project on the Foundations of Private Law Writing Prize. His research has appeared in numerous publications and has been cited by the Supreme Court of Canada.

Dr. Lavoie has acted as counsel to First Nations transitioning to self-government, as well as consulting on commercial litigation matters. He has also argued before the Supreme Court of Canada. He currently serves as a member of the Alberta Judicial Council. A former member of the national swim team, he has more recently adjudicated sport arbitration proceedings involving Swimming Canada.


Research

Research

  • Legal Theory
  • Property Law
  • Aboriginal Law
  • Federalism

Publications

  • Malcolm Lavoie, “Property and Local Knowledge” (2021) 70:4 Catholic University Law Review [forthcoming]. (link)
  • Malcolm Lavoie, “The Implications of Property as Self-Government” (2020) 70:4 University of Toronto Law Journal [forthcoming]. (link)
  • Malcolm Lavoie, “Models of Indigenous Territorial Control in Common Law Countries: A Functional Comparison” in Dwight Newman, ed, Research Handbook on the International Law of Indigenous Rights (Cheltenham, UK: Edward Elgar, 2020) [forthcoming].
  • Malcolm Lavoie, “Property Law and Collective Self-Government” (2020) 64:2 McGill Law Journal [forthcoming]. (link)
  • Malcolm Lavoie, “Aboriginal Rights and the Rule of Law” (2019) 92 Supreme Court Law Review (2d) 159-183. (link)
  • Malcolm Lavoie, “Aboriginal Title Claims to Private Land and the Legal Relevance of Disruptive Effects” (2018) 83 Supreme Court Law Review (2d) 129-166. (link)
  • Malcolm Lavoie, “R. v. Comeau and Section 121 of the Constitution Act, 1867: Freeing the Beer and Fortifying the Economic Union” (2017) 40:1 Dalhousie Law Journal 189-219. (link)
  • Malcolm Lavoie & Moira Lavoie, “Land Regime Choice in Close-Knit Communities: The Case of the First Nations Land Management Act” (2017) 54:2 Osgoode Hall Law Journal 559-607. (link)
  • Malcolm Lavoie, “Why Restrain Alienation of Indigenous Lands?” (2016) 49:3 University of British Columbia Law Review 997-1060. (link)
  • Malcolm Lavoie, "Canada’s 'Unique' Approach to Specific Performance in Contracts for the Sale of Land: Some Theoretical and Practical Insights" (2013) 12:2 Oxford University Commonwealth Law Journal 207-227. (link)
  • Malcolm Lavoie, "Understanding 'Trade as a Whole' in the Securities Reference" (2013) 46:1 University of British Columbia Law Review 157-175. (link)
  • Malcolm Lavoie, “Locke, Hegel, and Rights to Property: Examining the Unstable Ideological Architecture of the Canadian Law of Aboriginal Title” (2012) 69 University of Toronto Faculty of Law Review 25-54. (link)
  • Malcolm Lavoie, “Canadian Common Law and Civil Law Approaches to Constructive Takings: A Comparative Economic Perspective” (2011) 42:2 Ottawa Law Review 229-252. (link)


Courses

LAW 401 - Foundations to Law

An introduction to the institutions and processes of the Canadian legal system, and its underlying values and systems of thought. Also introduced are the history, structure and function of the modern system, and the role of law and the legal profession in society.

Fall Term 2020
LAW 486 - Jurisprudence

An examination of law from a theoretical rather than a doctrinal perspective. Every year, the course will consist of a number of seminar offerings whose focus will be on a broader theoretical examination of law, legal processes, and institutions. Each of these courses will allow a critical examination of law from a variety of perspectives such as; legal theory, literature, politics, economics, social and cultural development, and religion.

Winter Term 2021
LAW 511 - Remedies

This course focuses on remedies in a commercial setting, regardless of which 'compartment' of law with which they are typically associated. The course will explore issues related to traditional contract remedies, contract-tort overlap, and equitable remedies. It will also consider some of the problems associated with personal injury claims including quantification issues and the role of insurance.

Winter Term 2021