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

Associate Professor, Faculty of Law

Contact

Associate Professor, Faculty of Law
Email
malcolm.lavoie@ualberta.ca
Phone
(780) 492-9809
Address
437 Law Centre
8820 - 111 St NW
Edmonton AB
T6G 2H5

Overview

About

Malcolm Lavoie is an Associate Professor in the Faculty of Law. His research deals with property law, judicial remedies, federalism, and issues of Indigenous land tenure and jurisdiction. Prior to joining the Faculty of Law, he was a graduate student at Harvard Law School, where his work was supported by a Frank Knox Memorial Fellowship, Weatherhead Center Graduate Research Fellowship, Fulbright Student Award, and a Project on the Foundations of Private Law Student Fellowship. He clerked for the Hon. Justice Frans Slatter of the Alberta Court of Appeal (2012-2013) and for the Hon. Justice Rosalie Abella of the Supreme Court of Canada (2013-2014). He is a past recipient of the Canadian Association of Law Teachers (CALT) Scholarly Paper Award and the Harvard Project on the Foundations of Private Law Writing Prize. His scholarship has also been cited by the Supreme Court of Canada. In addition to his research and teaching, Prof. Lavoie is an active member of the Alberta Bar. In his practice, he advises First Nations governments on a range of legal issues. He also consults on commercial litigation and regulatory matters. He has previously argued before the Supreme Court of Canada. Prof. Lavoie currently serves on the Alberta Judicial Council and the board of the Edmonton Bar Association.


Research
  • Property Law
  • Judicial Remedies
  • Federalism
  • Aboriginal Law
  • Legal Theory

Selected Publications

  • Malcolm Lavoie, “Property and Local Knowledge” (2021) 70:4 Catholic University Law Review [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, 2021) [forthcoming]. (link)
  • Malcolm Lavoie & Moira Lavoie, “Indigenous Institutions and the Rule of Indigenous Law” (2021) 101 Supreme Court Law Review (2d) 325-335. (link)
  • Malcolm Lavoie, “The Implications of Property as Self-Government” (2020) 70:4 University of Toronto Law Journal 535-571. (link)
  • Malcolm Lavoie, “Property Law and Collective Self-Government” (2020) 64:2 McGill Law Journal 255-308. (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. This will include learning about racism, sexism and bias in the Canadian justice system through topics such as legal history, legal theory, cultural difference, individual and systemic biases and contemporary cases and legal issues.

Fall Term 2021
LAW 440A - Property Law

This course involves the study of basic principles which govern the institution of real and personal property. Included in this analysis will be the history of property law and issues of social and political context. Other topics include right incident to the ownership and possession of land, tenures and estates, concurrent ownership, dower, leases and tenancies, easements, restrictive covenants, finders law, bailment, and gifts. Other special issues may be explored.

Fall Term 2021
LAW 440B - Property Law

This course involves the study of basic principles which govern the institution of real and personal property. Included in this analysis will be the history of property law and issues of social and political context. Other topics include right incident to the ownership and possession of land, tenures and estates, concurrent ownership, dower, leases and tenancies, easements, restrictive covenants, finders law, bailment, and gifts. Other special issues may be explored.

Winter Term 2022
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 2022

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