Lorne Neudorf

Clare Hall

Judicial independence in the developing world: a contextual approach

Examining the legal principle of judicial independence through comparative case studies of Malaysia and Pakistan.

Start Date: 2010/10.

End Date: 2014/08.

Education

• Doctor of Philosophy (2013/14)
  University of Cambridge, Faculty of Law - Cambridge
• Master of Laws (2009)
  McGill University, Institute of Comparative Law – Montreal
• Bachelor of Laws (2007)
  University of Victoria, Faculty of Law – Victoria
• Bachelor of Science, summa cum laude (2003)
  DeVry University – Calgary

Bar Membership

• Barrister & Solicitor
  Law Society of Upper Canada

Current Projects

• Co-Founder, GoodGov Project  (http://www.goodgovproject.org)
  Takes an innovative approach to improving governance practices by governments around the world by harnessing the collective purchasing power of international consumers.
• Managing Editor, Cambridge Journal of International and Comparative Law
  Review articles submitted to the Journal and lead an editorial team; responsible for the UK Supreme Court Annual Review, a special issue of the Journal.
• NGO Representative at the United Nations
  Accredited as an NGO Representative in Geneva and UN HQ in New York City.

Speaking and Teaching

• 2012 Conference Panellist
  Law and the Individual, University of British Columbia, Faculty of Law
  Presented on the role of the United Nations Special Rapporteur on the Independence of Lawyers and Judges in shaping conceptions of the domestic judiciary and the judicial role, with particular focus on economically and socially developing countries.
• 2012 Introduction to English Common Law
  Pembroke-King's Summer Programme, University of Cambridge
  Lecture and lead seminars on common law procedure, common law reasoning and argumentation, and human rights within the contemporary English legal system in a course directed by Professor J. Bell, QC, FBA, FRSA.
• 2011-12 Administrative Law Supervisor
  Churchill, Hughes Hall, Lucy Cavendish, Peterhouse, Wolfson - University of Cambridge
  Supervise undergraduate law students in Administrative Law.
• 2011 Judicial Independence in China: A New Approach to the Role of Courts in Development?
  Clare Hall Law Society, University of Cambridge
  Presented on judicial independence in China and its challenge to the prevailing conception of the relationship between judicial independence and development.
• 2011 Introduction to English Common Law
  Pembroke-King's Summer Programme, University of Cambridge
  Lecture and lead seminars on common law procedure, common law reasoning and argumentation, and human rights within the contemporary English legal system in a course directed by Professor J. Bell, QC, FBA, FRSA.
• 2011 The Legal Principle of Judicial Independence in an Age of Judicial Power
  Clare Hall, University of Cambridge
  Presented on the legal principle of judicial independence and the implications of increasing judicial power on an independent judiciary.
• 2011 The World Bank and Independent Courts
  Faculty of Law, University of Cambridge
  Presentation on the work of the World Bank in promoting judicial independence in the developing world in relation to economic growth.

Scholarships & Awards

• 2011-12 Professor Mikiko Ishii Award
  Clare Hall, University of Cambridge.
• 2011-12 Graduate Fellowship
  Law Foundation of British Columbia.
• 2011-12 Modern Law Review Scholarship
  Awarded upon the recommendation of the Faculty of Law, University of Cambridge.
• 2011-12 Sir James Lougheed Award of Distinction
  Alberta Government.
• 2010-11 Graduate Fellowship
  Law Foundation of British Columbia.
• 2007-08 Joseph-Armand Bombardier Canada Graduate Scholarship
  Social Sciences and Humanities Research Council of Canada.
• 2007-08 Graduate Fellowship
  Law Foundation of British Columbia.
• 2007-08 Graduate Scholarship
  Law Society of British Columbia.
• 2007-08 Recruitment Excellence Fellowship
  McGill University, Faculty of Law.
• 2005-07 University of Victoria, Faculty of Law
  Prizes for academic excellence in Advanced Taxation, Constitutional Law, Legal Research and Writing, Real Property, Torts, and Trusts.
• 2005 Borden Ladner Gervais LLP First Year Medal
  University of Victoria, Faculty of Law awarded to the student of the first year class who has exhibited the highest qualities of community service, student leadership, and academic excellence over the course of the year.
• 2005 The President's Scholarship
  University of Victoria, awarded to the top three percent of full-time students across all disciplines.
• 2004 Canadian Bar Association (BC) Student Award
  Public service, contributions to the legal community, and the promotion of justice and law reform.

• Administrative law
• Comparative law
• Constitutional law
• Courts and legal institutions, especially formal and informal constraints and the relationships between institutions
• Judges and judicial theory

• 2012 "Home Invasion by Regulation: Truckers and Reasonable Expectations of Privacy Under Section 8 of the Charter"
  UBC Law Review, forthcoming
  Author of substantive research article on the reasonable expectation of privacy doctrine under Section 8 of the Canadian Charter of Rights and Freedoms as developed by the Supreme Court of Canada from 1982 to 2010, and the effect of this doctrine on the Court’s original holding that prior judicial authorization is required for searches or seizures by agents of the state.
• 2012 "The Supreme Court and the New Judicial Independence"
  Cambridge Journal of International and Comparative Law, forthcoming
  Author of article arguing that the creation of the new UK Supreme Court replaced traditional notions of an independent judiciary with a new, and much broader, conception, and considering the political and legal implications of this significant constitutional change.
• 2012 "Promoting Independent Justice in a Changing World"
  12(1) Human Rights Law Review 107-121
  Author of article reviewing the work of the United Nations Special Rapporteur on the Independence of Judges and Lawyers from 1994 to the present time and considering whether the mandate of the Special Rapporteur, renewed in June 2011 for three more years, sets a worthwhile or achievable goal.
• 2012 "Review of Chinese Justice: Civil Dispute Resolution in Contemporary China by Margaret Yk Woo and Mary E. Gallagher, eds" (Cambridge: Cambridge University Press, 2011)
  Cambridge Law Journal, forthcoming
  Author of book review.
• 2012 "Review of The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges by Shimon Shetreet and Christopher Forsyth, eds" (Leiden: Nijhoff, 2011)
  Modern Law Review, forthcoming
  Author of book review.
• 2011 "English Courts Provide Swift Justice"
  Toronto Star, Opinion Editorial
  Author of newspaper commentary comparing the Canadian and English criminal justice systems in light of recent public riots in both countries.
• 2011 "Pension Benefits Law in Ontario"
  Carswell (Thomson Reuters)
  Contributing author to the leading annotation of the Pension Benefits Act (Ontario) and the Regulations.
• 2011 "Review of Judicial Independence in China: Lessons for Global Rule of Law Promotion by Randall Peerenboom, ed. (Cambridge: Cambridge University Press, 2010)"
  70(1) Cambridge Law Journal 267
  Author of book review.
• 2011 "Review of The Disenchantment of Secular Discourse by Steven D. Smith (Harvard: Harvard University Press, 2010)"
  48(4) Osgoode Hall Law Journal 681
  Author of book review.
  
• 2011 "Written Submission by the Humanitarian Foundation of Canada on Education"
  Economic and Social Council of the United Nations
  Author of written submission to the Economic and Social Council of the United Nations for its 2011 High Level Segment focusing on the implementation of internationally agreed goals and commitments in regard to education.
• 2011 "The United Nations and Judicial Independence in the Developing World: Challenges and Opportunities"
  Cambridge University United Nations Association
  Author of article on the United Nations' promotion of judicial independence in the developing world through the Basic Principles on the Independence of the Judiciary, concluding that the mandate of the Special Rapporteur on judicial independence should be renewed to investigate a new approach to independent courts in the context of social and economic development. 
• 2010 "A Cabinet Manual Could Protect Us Against Abuses of Power"
  Globe and Mail, Special Commentary
  Author of newspaper commentary on the Canadian implementation of a Cabinet Manual based on the New Zealand model.
• 2010 "Avoiding Liability for Pension Plan Investments"
  8th Annual Pension and Benefits Hot Spots: Updates on Key Legal Issues (Ontario Bar Association)
  Co-author with Paul Litner of a conference paper on the liability of pension plan administrators in investing assets of the pension fund.
• 2010 "Canadian Plan Administrators and Legal Liability"
  15(3) Pensions: An International Journal 179-90 (Palgrave Macmillan)
  Co-author with Jean-Pierre Laporte of an article exploring legal risks associated with pension plan administration, and in particular, the investment of pension fund assets.
• 2010 "Employees Block Attempt by Employer to Hike Pension Contributions"
  Ultimate HR Manual, Western Edition (CCH)
  Author of case comment on the Saskatchewan Court of Queen’s Bench decision in McNaughton v. Saskatchewan Government and General Employees’ Union.
• 2010 "Shifting Sanctions and Personal Responsibility"
  73(1) Saskatchewan Law Review 131 (University of Saskatchewan, College of Law)
  Author of a case comment on the Supreme Court of Canada’s decision in R. v. Zastowny, which applied the legal principle of ex turpi causa non oritur actio to deny a claim for damages.
• 2010 "The Politics of the Charter"
  University of Toronto Press
  Editor of a collection of constitutional law essays authored by the former Dean of the University of Victoria, Faculty of Law, Dean A. Petter.
• 2009 "Judicial Independence: the Judge as a Third Party to the Dispute"
  McGill University, Institute of Comparative Law
  Author of thesis examining the theoretical foundation of the legal principle of judicial independence, available online at:
  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1597341.
• 2007 "Independence and the Public Process: Evolution or Erosion?"
  70(1) Saskatchewan Law Review 53 (University of Saskatchewan, College of Law)
  Author of an article on whether the Canadian constitutional principle of judicial independence accords with public hearings for potential Supreme Court appointees.
• 2007 "The Use of Evidence of Tainted Witnesses: International and Canadian Standards"
  A Study on Procedural Law Issues in UNTOC and UNCAC, 188 (UN Publications)
  Co-author with Professor G. Ferguson of a chapter on how Canadian law treats the evidence of tainted witnesses (published in Chinese).
• 2005 "Back to the Basics: the Role of Time, Training and Infrastructure"
  The World Summit in Reflection (Harvard Law School, Berkman Center for Internet and Society)
  Author of an article on the United Nations World Summit on the Information Society, available online at: http://cyber.law.harvard.edu/wsis/Neudorf.html

Prof. John Bell