Terry Skolnik

University of Ottawa, Faculty of Law, Civil Law Section

Assistant Professor

57 Louis Pasteur Dr

Ottawa

Canada

SCHOLARLY PAPERS

17

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Scholarly Papers (17)

1.

Criminal Law During (and After) COVID-19

Manitoba Law Journal, Vol. 43, No. 4, 2020
Number of pages: 35 Posted: 13 May 2020 Last Revised: 24 Sep 2020
Terry Skolnik
University of Ottawa, Faculty of Law, Civil Law Section
Downloads 399 (84,824)

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Criminal law, COVID, bail, sentencing, assault

2.

The Suspicious Distinction between Reasonable Suspicion and Reasonable Grounds to Believe

Ottawa Law Review, Vol. 47, No. 1, 2016
Number of pages: 28 Posted: 24 May 2016
Terry Skolnik
University of Ottawa, Faculty of Law, Civil Law Section
Downloads 398 (84,824)

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3.

How and Why Homeless People Are Regulated Differently

Queen's Law Journal, Vol. 43, No. 2, 2018
Number of pages: 28 Posted: 17 Aug 2018
Terry Skolnik
University of Ottawa, Faculty of Law, Civil Law Section
Downloads 137 (240,510)

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homelessness, freedom, public property, domination, republicanism, quality-of-life

4.

Three Problems with Duress and Moral Involuntariness

63 Criminal Law Quarterly 124, 2016
Number of pages: 22 Posted: 20 Feb 2016 Last Revised: 07 Jan 2017
Terry Skolnik
University of Ottawa, Faculty of Law, Civil Law Section
Downloads 134 (244,808)

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Duress, moral involuntariness, criminal law, fair choice, proportionality

5.

Improving the Current Law of Warrantless Cellphone Searches after R. v. Fearon

49 Revue Juridique Thémis 825, 2015
Number of pages: 12 Posted: 11 Jul 2016
Terry Skolnik
University of Ottawa, Faculty of Law, Civil Law Section
Downloads 120 (266,100)

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Cellphone searches, cellphone, police, warrantless search, Canadian Charter, police powers

6.

Responsibility and Intervening Acts: What 'Maybin' an Overbroad Approach to Causation

(2014) 44 R.G.D. 557
Number of pages: 18 Posted: 20 Dec 2014 Last Revised: 17 Mar 2016
Terry Skolnik
University of Ottawa, Faculty of Law, Civil Law Section
Downloads 120 (266,100)

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Causation, intervening act, novus actus interveniens

7.

Homelessness and the Impossibility to Obey the Law

(2016) 43 Fordham Urban Law Journal 741
Number of pages: 48 Posted: 09 Oct 2017 Last Revised: 20 Oct 2017
Terry Skolnik
University of Ottawa, Faculty of Law, Civil Law Section
Downloads 94 (314,348)

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homelessness, impossibility, poverty, criminalization, punishment, constitutional law

8.

Hot Bench: A Theory of Appellate Adjudication

Boston College Law Review, Vol. 61, No. 4, 2020, Forthcoming
Number of pages: 52 Posted: 23 Apr 2019 Last Revised: 11 May 2020
Terry Skolnik
University of Ottawa, Faculty of Law, Civil Law Section
Downloads 90 (323,126)

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hot bench, adjudication, appellate courts, judicial minimalism

9.

Objective Mens Rea Revisited

(2017) 22 Canadian Criminal Law Review 307
Number of pages: 34 Posted: 24 Sep 2017 Last Revised: 05 Aug 2018
Terry Skolnik
University of Ottawa, Faculty of Law, Civil Law Section
Downloads 79 (349,754)

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mens rea, negligence, criminal law, moral blame, Canadian Charter

10.

Homelessness and Unconstitutional Discrimination

(2019) 15 Journal of Law & Equality 69
Number of pages: 26 Posted: 09 Aug 2019
Terry Skolnik
University of Ottawa, Faculty of Law, Civil Law Section
Downloads 65 (392,448)

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homelessness, discrimination, equal protection, constitutional law

11.

R. V. Macdonald and the Illogicality of the Reasonable Belief Requirement

(2015) 62 Criminal Law Quarterly 43
Number of pages: 10 Posted: 13 Apr 2015 Last Revised: 17 Mar 2016
Terry Skolnik
University of Ottawa, Faculty of Law, Civil Law Section
Downloads 51 (436,881)

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Search and seizure, criminal law, criminal evidence, criminal procedure, Canadian Charter of Rights and Freedoms

12.

Policing Arbitrariness: Fleming v. Ontario and the Ancillary Powers Doctrine

Supreme Court Law Review (2020, Forthcoming), Ottawa Faculty of Law Working Paper No. 2020-31
Number of pages: 18 Posted: 13 Oct 2020
Terry Skolnik and Vanessa MacDonnell
University of Ottawa, Faculty of Law, Civil Law Section and University of Ottawa - Common Law Section
Downloads 39 (486,198)

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criminal law, police powers, common law police powers, arrest, detention, arbitrariness, rule of law, Waterfield test, ancillary powers doctrine

13.

Why There Should Be No Constitutional Right to Contact Counsel from a Police Car

Western Journal of Legal Studies, Vol. 5, No. 4, 2015
Number of pages: 14 Posted: 13 Apr 2015 Last Revised: 20 Feb 2016
Terry Skolnik
University of Ottawa, Faculty of Law, Civil Law Section
Downloads 22 (578,582)

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detention, arrest, procedures, right to counsel, Canadian Charter, the impact of technology, the collection of evidence, public safety concerns, privacy of arrested and detained individuals

14.

Manitoba Law Journal: Criminal Law Edition (Robson Crim)

Manitoba Law Journal, Vol. 43, No. 4, 2020
Number of pages: 308 Posted: 05 Oct 2020
Robson Hall Law School, Robson Hall, University of Manitoba Faculty of Law, University of California, Hastings College of the Law, Tel Aviv University - Buchmann Faculty of Law, Independent, University of Manitoba - Faculty of Law, University of Ottawa, Faculty of Law, Civil Law Section, Independent, Independent, University of Manitoba and Independent
Downloads 17 (611,539)

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15.

Freedom and Access to Housing: Three Conceptions

(2018) 35 Windsor Y B Access Just 226
Number of pages: 17 Posted: 09 Jan 2019
Terry Skolnik
University of Ottawa, Faculty of Law, Civil Law Section
Downloads 17 (611,539)

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housing, freedom, public spaces, public property, private property, regulation

16.

Racial Profiling and the Perils of Ancillary Police Powers

(2020) 99:1 Canadian Bar Review
Number of pages: 35
Terry Skolnik
University of Ottawa, Faculty of Law, Civil Law Section
Downloads 8

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17.

Rethinking Homeless People's Punishments

(2019) 22 New Crim. L. Rev. 73
Posted: 09 Jan 2019
Terry Skolnik
University of Ottawa, Faculty of Law, Civil Law Section

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punishment, homelessness, quality-of-life offenses, fines