Jason MacLean

Faculty of Law, University of New Brunswick

Assistant Professor

41 Dineen Drive

P.O. Box 4400

Fredericton NB E3B 5A3, New Brunswick E3B 5A3

Canada

School of Environment and Sustainability, University of Saskatchewan

Adjunct Professor

College of Education

Saskatoon, Saskatchewan S7N 5A7

Canada

  • Faculty of Law, University of New Brunswick

  • School of Environment and Sustainability, University of Saskatchewan

SCHOLARLY PAPERS

37

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3,059

SSRN CITATIONS

1

CROSSREF CITATIONS

8

Scholarly Papers (37)

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1.

Paris and Pipelines? Canada's Climate Policy Puzzle

(2018) 32:1 Journal of Environmental Law and Practice 47
Number of pages: 28 Posted: 15 Aug 2017 Last Revised: 30 Aug 2018
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 350 (98,699)

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Climate Change, Paris Agreement, Sustainability, Pipelines, Carbon Pricing

2.

The Death of Contract, Redux: Boilerplate and the End of Interpretation

(2016) 58:3 Canadian Business Law Journal 289
Number of pages: 21 Posted: 06 Oct 2016 Last Revised: 31 Jan 2017
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 282 (124,781)

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contract law, good faith, contractual interpretation, good faith, Supreme Court of Canada, boilerplate, standard form contracts, contracts of adhesion

3.

Striking at the Root Problem of Canadian Environmental Law: Identifying and Escaping Regulatory Capture

(2016) 29 Journal of Environmental Law and Practice 111
Number of pages: 23 Posted: 03 Feb 2016 Last Revised: 24 Sep 2017
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 265 (133,710)
Citation 1

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Canadian environmental law, corruption, regulatory capture

4.

The Past, Present, and Future of Canadian Environmental Law: A Critical Dialogue

(2015-2016) 1:1 Lakehead Law Journal 79
Number of pages: 26 Posted: 26 Dec 2015
Jason MacLean, Meinhard Doelle and Chris Tollefson
Faculty of Law, University of New Brunswick, World Maritime University (WMU) and University of Victoria - Faculty of Law
Downloads 187 (185,849)

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5.

Climate-Proofing Judicial Review after Paris: Judicial Competency, Capacity, and Courage

Journal of Environmental Law and Practice, Forthcoming
Number of pages: 34 Posted: 15 Aug 2017
Jason MacLean and Chris Tollefson
Faculty of Law, University of New Brunswick and University of Victoria - Faculty of Law
Downloads 177 (195,042)

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Canada, Judicial Review, Environmental Assessment, Judicial Competence, Judicial Capacity, Climate Change, Sustainability, Law Reform

6.

Polyjural and Polycentric Sustainability Assessment: A Once-in-a-Generation Law Reform Opportunity

(2016) 30:1 Journal of Environmental Law and Practice 36
Number of pages: 28 Posted: 16 Sep 2016 Last Revised: 31 Jan 2017
Jason MacLean, Meinhard Doelle and Chris Tollefson
Faculty of Law, University of New Brunswick, World Maritime University (WMU) and University of Victoria - Faculty of Law
Downloads 169 (202,932)

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Environmental Assessment, Sustainability, Climate Change, Canada, Law Reform

7.

Chevron Corp. v. Yaiguaje: Canadian Law and the New Global Economic and Environmental Realities

57 Canadian Business Law Journal 367, 2016
Number of pages: 7 Posted: 24 Apr 2016
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 143 (233,083)

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Canadian corporate law, comity, recognition and enforcement of foreign judgments, globalization, economic and environmental harms

8.

Battered Women Under Duress: The Supreme Court of Canada's Abandonment of Context and Purpose in R. v. Ryan

Canadian Journal of Women and the Law, Spring 2017, Forthcoming
Number of pages: 35 Posted: 21 Feb 2016 Last Revised: 31 Jan 2017
Jason MacLean, Nadia Verrelli and Lori Chambers
Faculty of Law, University of New Brunswick, Laurentian University and Lakehead University
Downloads 137 (241,370)

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9.

The Zombie Theory of Contractual Consideration: Richcraft Homes Ltd. v Urbandale Corporation

Canadian Business Law Journal, March 2018, Forthcoming
Number of pages: 9 Posted: 09 Oct 2017
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 118 (270,299)

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Contract Law, Consideration, Zombies

10.

Au Revoir, Monsieur Big? Confessions, Coercion, and the Courts

(2016) 23(2) Criminal Reports
Number of pages: 16 Posted: 03 Jan 2016
Jason MacLean and Frances Chapman
Faculty of Law, University of New Brunswick and Lakehead University - Faculty of Law
Downloads 108 (287,647)

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Criminal law, Mr. Big, confessions, coercion

11.

Autonomy in the Anthropocene? Libertarianism, Liberalism, and the Legal Theory of Environmental Regulation

(2017) 40:1 Dalhousie Law Journal 279
Number of pages: 45 Posted: 29 Nov 2016 Last Revised: 30 Aug 2018
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 93 (317,597)

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12.

Review of the Governance Gap: Extractive Industries, Human Rights, and the Home State Advantage

The Extractive Industries and Society
Number of pages: 2 Posted: 26 Jan 2016
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 92 (319,807)

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corporate social resonsibility, human rights, transnational corporations, international law, extractive industries

13.

Parasomnia, Sexsomnia, and Automatism in R. v. Hartman

(2015) 21 Criminal Reports 299
Number of pages: 9 Posted: 26 Jan 2016
Frances Chapman and Jason MacLean
Lakehead University - Faculty of Law and Faculty of Law, University of New Brunswick
Downloads 90 (324,270)

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criminal law, parasomnia, sexsomnia, automatism, NCR-MD

14.

The Cult of Corporate Personality: Yaiguaje v. Chevron Corporation

Canadian Business Law Journal, Vol. 55, 2014
Number of pages: 15 Posted: 02 Jan 2016
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 84 (338,468)

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corporate law, corporate veil, environmental law

15.

No Toilets in Park

McGill Law Journal, Vol. 50, 2005
Number of pages: 68 Posted: 14 Jan 2009
Roderick A. Macdonald and Jason MacLean
McGill University Faculty of Law and Faculty of Law, University of New Brunswick
Downloads 77 (356,217)

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16.

Like Oil and Water? Canada's Administrative and Legal Framework for Oil Sands Pipeline Development and Climate Change Mitigation

The Extractive Industries and Society, 2 (2015) 785-801
Number of pages: 17 Posted: 30 Dec 2015 Last Revised: 11 Jan 2016
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 74 (364,346)

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climate change; oil sands pipelines; Canadian constitutional and administrative law

17.

Indigenizing Environmental Assessment

Forthcoming, Aimée Craft & Jill Blakley, eds, “In Our Backyard” – The Legacy of Hydroelectric Development in Northern Manitoba: The Keeyask Experience (University of Manitoba Press, 2019)
Number of pages: 31 Posted: 14 Sep 2018 Last Revised: 24 Sep 2018
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 68 (381,547)

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Indigenous rights, environmental assessment, treaties, Indigenous legal orders

18.

The Political Reality of Corporate Law: Yaiguaje v Chevron Corporation

Canadian Business Law Journal, 62:3, forthcoming March 2020
Number of pages: 17 Posted: 22 Aug 2019 Last Revised: 22 Dec 2019
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 67 (384,550)

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corporate law, environmental law, Canada, Ecuador, Chevron, corporate veil, enterprise liability theory

19.

Will We Ever Have Paris? Canada's Climate Change Policy and Federalism 3.0

(2018) 55:4 Alberta Law Review 889
Number of pages: 44 Posted: 05 Dec 2017 Last Revised: 30 Aug 2018
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 66 (387,646)

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climate change, Canada, federalism, deliverology, environmental law

20.

You Say You Want an Environmental Rights Revolution?: Try Changing Canadians' Minds Instead (of the Charter)

(2018) 49:1 Ottawa Law Review 183
Number of pages: 38 Posted: 26 Sep 2017 Last Revised: 30 Aug 2018
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 53 (431,221)

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21.

Principle 5 -- Precautionary Principle

Jason MacLean, "Chapter 9: Principle 5 -- Precautionary Principle" in C. Pitts et al., eds, Corporate Social Responsibility: A Legal Analysis (Toronto: LexisNexis, 2009), pp. 347-416
Number of pages: 70 Posted: 26 Jan 2016
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 51 (438,468)

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CSR, precautionary principle, international environmental law

22.

'Pulling the Patches' on the Patchwork Defence of Duress: A Comment on R. v. Aravena

(2015) Criminal Law Quarterly
Number of pages: 8 Posted: 03 Jan 2016
Frances Chapman and Jason MacLean
Lakehead University - Faculty of Law and Faculty of Law, University of New Brunswick
Downloads 40 (483,507)

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Criminal law. duress

23.

Manufacturing Consent to Climate Inaction: A Case Study of The Globe and Mail's Pipeline Coverage

(2019) Dalhousie Law Journal, 42:2
Number of pages: 52 Posted: 10 Jan 2020
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 29 (537,719)

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24.

Public Policy is an Unruly Horse and the Law of Contract is an Ass: A Comment on Douez v Facebook, Inc

Forthcoming (2018) 96 The Canadian Bar Review
Number of pages: 13 Posted: 12 Sep 2018
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 28 (543,448)

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25.

Regulatory Capture and the Role of Academics in Public Policymaking: Lessons from Canada's Environmental Regulatory Review Process

(2019) 52:2 UBC L Rev 479
Number of pages: 74 Posted: 22 Aug 2019
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 26 (555,173)

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regulatory capture, climate change law and policy, sustainability, role of academics in public policymaking

26.

Reorienting the Role of Nonstate Actors in Global Climate Governance

Forthcoming in Claussen, K., Côté, C-E, Kanehara, A. & Scott, K., eds., Changing Actors in International Law (Leiden, NL: Brill/Nijoff, 2020).
Number of pages: 18 Posted: 10 Jan 2020
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 23 (574,094)

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27.

The Crude Politics of Carbon Pricing, Pipelines, and Environmental Assessment

Jason MacLean, 'The Crude Politics of Carbon Pricing, Pipelines, and Environmental Assessment' (2019) 70 University of New Brunswick Law Journal 129
Number of pages: 44 Posted: 07 Feb 2020
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 20 (593,755)

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Carbon pricing, pipelines, environmental assessment, constitutional law, public policy

28.

Principle 6 -- Accountability

Jason MacLean, "Chapter 10: Principle 6 - Accountability" in C. Pitts et al., eds, Corporate Social Responsibility: A Legal Analysis (Toronto: LexisNexis, 2009), pp. 417-496
Number of pages: 80 Posted: 26 Jan 2016
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 20 (593,755)

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Corporate Social Responsibility (CSR), corporate accountability, multistakeholder initiatives

29.

Foreign Wrongs, Corporate Rights and the Arc of Transnational Law

The Corporation in International Law and Governance (McGill-Queen's University Press), Forthcoming
Number of pages: 22 Posted: 09 Jul 2020
Jason MacLean and Chris Tollefson
Faculty of Law, University of New Brunswick and University of Victoria - Faculty of Law
Downloads 19 (600,479)

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corporate law, international law and governance

30.

Rethinking the Role of Nonstate Actors in International Climate Governance

Loyola University Chicago International Law Review, Vol. 21, No. 1, 2020
Number of pages: 23 Posted: 10 Jul 2020
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 17 (613,627)

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31.

Climate Change, Constitutions, and Courts: The Reference re Greenhouse Gas Pollution Pricing Act and Beyond

Saskatchewan Law Review, 82:2 (2019)
Number of pages: 39 Posted: 10 Jan 2020
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 17 (620,398)

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32.

Hanover Shoe, Retreaded: Economic Complexity, Judicial Competence and Procedural Purity in Canadian Competition Law (Part Two)

(2014) Global Competition Litigation Review 79
Number of pages: 15 Posted: 26 Jan 2016
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 17 (613,627)

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Competition Law, Canada, civil procedure

33.

Industry-Indigenous IBAs, Confidentiality, and Sustainability

Forthcoming in Dwight Newman & Ibironke Odumosu-Ayanu, eds, Law and Politics of Indigenous-Industry Agreements (Routledge, 2019)
Number of pages: 18 Posted: 16 Nov 2018
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 16 (620,398)
Citation 1

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34.

Curriculum Design for the Anthropocene: Review of Meinhard Doelle & Chris Tollefson, Environmental Law: Cases and Materials, Third Edition

McGill International Journal of Sustainable Development Law & Policy, Vol. 16, No. 1, 2020
Number of pages: 36 Posted: 01 Dec 2020
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 15 (627,426)

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Anthropocene, legal education, sustainability, climate law and policy

35.

Going Down the Illinois Brick Road (If the Hanover Shoe Fits)? Economic Complexity and Judicial Competence in the Context of Canadian Competition Law's Possible Futures (Part One)

(2013) Global Competition Litigation Review 85
Number of pages: 13 Posted: 26 Jan 2016
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 12 (648,980)

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Competition Law, Canada, economic complexity, judicial competence, expert evidence

36.

Troubled Waters: Reinvigorating Great Lakes Environmental Governance through Deliberative Democracy

Forthcoming in Sea Grant Law Journal
Number of pages: 23 Posted: 15 Aug 2017
Jason MacLean
Faculty of Law, University of New Brunswick
Downloads 9 (670,630)

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37.

Learning to Overcome Political Opposition to Trans-formative Environmental Law

Proceedings of the National Academy of Sciences, 2020
Posted: 09 Jul 2020
Jason MacLean
Faculty of Law, University of New Brunswick

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environmental law, climate change, political opposition, learning

Other Papers (2)

Total Downloads: 3
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1.

The Science, Law, and Politics of Canada's Pathways to Paris: Introduction to UBC Law Review's Special Section on Climate Change and Canada

Number of pages: 15 Posted: 22 Aug 2019
Jason MacLean, Meinhard Doelle and Chris Tollefson
Faculty of Law, University of New Brunswick, World Maritime University (WMU) and University of Victoria - Faculty of Law
Downloads 3

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climate change, Canada, law, science, politics, constitutional law, unwritten principles of constitutional law, ecological sustainability, impact assessment

2.

The Misleading Promise of 'Balance' in Canada's Climate Change Policy

Policy Options, March 29, 2016
Posted: 04 Apr 2016
Jason MacLean
Faculty of Law, University of New Brunswick

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