Terry Skolnik
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Mail code: 9520Campus: Dtphx
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Terry Skolnik is a research professor at the Sandra Day O'Connor College of Law at Arizona State University (ASU), and is the executive director of ASU's Academy for Justice. He is also an associate professor (on leave) at the University of Ottawa's Faculty of Law.
His primary research interests are criminal law and procedure, policing, property law, legal philosophy, poverty law, and law and behavioural economics.
Previously, he co-directed the uOttawa Public Law Centre between 2022-2024. He also co-directed the Faculty's Mental Health and Well-Being Committee, and was a member of the University of Ottawa's Mental Health and Wellness Advisory Committee. He was a visiting research fellow at Tel Aviv University's Faculty of Law (2021) and was an affiliated scholar at NYU's Center for Human Rights and Global Justice (2018-2019). In 2020-2021, he was awarded the distinguished teaching prize at the uOttawa Faculty of Law, Civil Law Section.
Prior to joining the Faculty, he served as a law clerk for the Honourable Justice Russell Brown at the Supreme Court of Canada. Prior to academia, he worked as a police officer with the Montreal Police Service.
S.J.D. University of Toronto
L.L.M. University of Cambridge
L.L.L. University of Ottawa
Books (2)
1. Homelessness, Liberty, and Property (Cambridge University Press, 2024) [Forthcoming].
2. Ancillary Police Powers in Canada: A Critical Reassessment (with Akwasi Owusu-Bempah, John Burchill, and Richard Jochelson) (Vancouver: UBC Press, 2024) [Forthcoming]
Law review articles (30)
1. Criminal Justice and the Erosion of Constitutional Rights, 66 Boston College L. Rev. (2025) [Forthcoming]
2. The Tragedy of the Criminal Justice Commons, 58 UC Davis L. Rev. (2025) [Forthcoming]
3. Two Cultures of Justification in Constitutional Law, 22 Int. J. Con Law (I-CON) (2024) (Peer reviewed) [Forthcoming].
4. The Regulatory Offence Revolution in Criminal Justice, Part 1: Policing and the Expanding Role of Regulatory Offences, 61 Alta. L. Rev. (2024) (Peer reviewed) [Forthcoming].
5. The Regulatory Offence Revolution in Criminal Justice, Part 2: The Choice Architecture of Regulatory Offences, 61 Alta. L. Rev. (2024) (Peer reviewed) [Forthcoming].
6. Three Stages of Criminal Justice Remedies, 56 UBC L. Rev. (2024) (Peer reviewed) [Forthcoming].
7. Cruel and Unusual Punishments as Legislative Gross Negligence, Criminal L. & Phil. (2024) (Peer reviewed) [Forthcoming].
8. Expanding Equality, 47 Dalhousie LJ (2023) (Peer reviewed) [Forthcoming].
9. Policing, Technology, and the Erosion of Constitutional Rights, 49 Queen’s LJ 40 (2023) (Peer reviewed)
10. Luamba et la fin des interceptions au hasard, 101 Revue du Barreau Canadien 671 (2023) (Peer reviewed)
11. Policing in the Shadow of Legality: Pretext, Leveraging, and Investigation Cascades, 60 Osgoode Hall LJ 505 (2023) (Peer reviewed)
12. Two Criminal Justice Systems, 56:1 UBC L Rev 286 (2023) (Peer reviewed)
13. Homeless Encampments: A Philosophical Justification, 36 J Law & Social Policy 97 (2022) (Peer reviewed)
14. Use of Force and Criminalization, 85:3 Albany L Rev 663 (2022)
15. Rééquilibrer le rôle de la Cour suprême du Canada en procédure criminelle, 67:3 RD McGill 259 (2022) (Peer reviewed).
16. Criminal Justice Reform: A Transformative Agenda, 59:3 Alberta L Rev 631 (2022) (Peer reviewed).
17. Precedent, Principles, and Presumptions, 54:3 UBC L Rev 935 (2021) (Peer reviewed).
18. Racial Profiling and the Perils of Ancillary Powers, 99 Canadian Bar Rev 429 (2021) (Peer reviewed).
19. Policing Arbitrariness: Fleming v. Ontario and the Ancillary Powers Doctrine, 100 Supreme Ct L Rev 187 (2021) (with Vanessa MacDonnell) (Peer reviewed).
20. Criminal Law During (and After) COVID-19, 43 Manitoba LJ 145 (2020) (Peer reviewed).
21. Causation, Fault, and Fairness in the Criminal Law, 65 McGill LJ 1 (2020) (Peer reviewed).
22. Hot Bench: A Theory of Appellate Adjudication, 61 Boston College L Rev 1271 (2020).
23. Homelessness and Unconstitutional Discrimination, 15 Law & Equality 69 (2019) (Peer reviewed).
24. Rethinking Homeless People’s Punishments, 22 New Crim L Rev 73 (2019) (Peer reviewed).
25. How and Why Homeless People Are Regulated Differently, 42 Queen’s LJ 297 (2018) (Peer reviewed).
26. Freedom and Access to Housing: Three Conceptions, 35 WYAJ 226 (2018) (Peer reviewed).
27. Objective Mens Rea Revisited, 22 Can Crim L Rev 315 (2017) (Peer edited).
28. Homelessness and the Impossibility to Obey the Law, 43 Fordham Urb. LJ 741 (2016).
29. The Suspicious Distinction Between Reasonable Suspicion and Reasonable Grounds to Believe, 47 Ottawa L Rev 223 (2016) (Peer reviewed).
30. Three Problems with Duress and Moral Involuntariness, 63 Crim LQ 124 (2016) (Peer edited).
Book chapters (4)
1. Homelessness, Poverty, and the Limits of Preventive Exclusion in Ryberg & Søbirk (Eds.), Preventing Crime by Exclusion (New York: Routledge, 2024) (Peer edited) (Forthcoming).
2. Bijuralism and Bilingualism in Supreme Court of Canada Decisions: A Quantitative Analysis in Alschner, Mathen, and MacDonnell (Eds.), Decoding the Court: Legal Data Insights from the Supreme Court of Canada (New York: Routledge, 2024) (Peer edited)
3. Socially Deprived Offenders in Jesper Ryberg (ed.), Oxford Handbook of Punishment Theory and Philosophy (Oxford University Press, 2024) (Peer edited) (Forthcoming).
4. The Punitive Impact of Physical Distancing Laws on Homeless People in Flood et al. (Eds.), The Law, Policy, and Ethics of COVID-19 (University of Ottawa Press, 2020) (Peer reviewed).