Professor STEPHEN A. SMITH
Faculty of Law, McGill University
PUBLICATIONS
(i) Books
Atiyah’s Introduction to the Law of Contract, 6th ed. (Oxford: Oxford University Press [Clarendon Law Series], 2005). ISBN: 0-19-924941-5. 441 pp.
Contract Theory (Oxford: Oxford University Press [Clarendon Law Series], 2004). ISBN: 0-19-876561-4. 450 pp.
Introducing Common Law Concepts (The Hague: Asser Press, 2001), ISBN: 90-9014407-2. 290 pp.
(ii) Chapters/Sections in Books
‘Rule-Based Rights and Court-Ordered Rights’ in Rights and Private Law (Oxford: Hart Publishing, 2011) Andrew Robertson & Donal Nolan, eds.221-250.
‘Rights and Remedies: A Complex Relationship’ in Taking Rights Seriously (Ottawa: CIAJ, 2010) Kent Roach & Robert Sharpe, eds., 31-62
‘The Rights of Private Law’ in The Goals of Private Law (Oxford: Hart Publishing, 2009) Andrew Robertson & Hang Wu, eds., 113-138
‘Unjust Enrichment: Nearer to Tort than Contract’ in The Philosophical Foundations of Unjust Enrichment Law (Oxford: Oxford University Press, 2009) Robert Chambers, Charles Mitchell, & James Penner, eds., 181-208
‘The Limits of Contract’ in Exploring Contract Law (Oxford: Hart Publishing, 2009) Jason Neyers, Richard Bronaugh, & Stephen Pitel, eds. 1-24
‘Hayek’ in The New Oxford Companion to Law (Oxford: Oxford University Press, 2008) Peter Cane and Joanne Conaghan, eds. 521-22.
‘Substitutionary Damages’ in Justifying Private Law Remedies (Oxford: Hart Publishing, 2008) Charles Rickett, ed., 93-114.
‘The Law of Damages: Rules for Citizens or Rules for Courts?’ in Contract Damages: Domestic and International Perspectives (Oxford: Hart Publishing, 2008) Dajkhongir Saidov & Ralph Cunnington, eds., 33-64.
‘Rights, Wrongs, and Causes of Action’ in Structure and Justification in Private Law: Essays for Peter Birks, (Oxford: Hart Publishing, 2008) Charles Rickett & Ross Grantham, eds. 405-421.
‘Contract, Doctrinal Issues in’ in Encyclopedia of Law and Society: American and Global Perspectives’ (Sage Publishing, 2007) David Clark, ed. approx 10 pp.
‘The Enforceability of a Promise: English Report’ in The Enforceability of a Promise (Cambridge: Cambridge University Press, 2001) James Gordley, ed., approx 40 pp.
‘In Defence of the Third Party Rule’ in Privity: Private Justice or Public Regulation (Aldershot: Ashgate, 2001) Peter Kincaid, ed. 147-171 [reprint from (1997) 17 Oxford Journal of Legal Studies 643].
‘Towards a Theory of Contract’ in Oxford Essays in Jurisprudence 4th series (Oxford: Oxford University Press, 2000), Jeremy Horder, ed. 107-129.
‘Freedom, Capacity in Contract’ in The Philosophy of Law: An Encyclopedia (New York: Garland Publishing, 1999) Christopher Gray, ed. 318-320.
‘Contract’ in Current Legal Problems: Annual Review - Volume 48 Part 1 (Oxford: Oxford University Press, 1995) Andrew Lewis, ed., 4-32.
‘Contract’ in Current Legal Problems: Annual Review - Volume 47 Part 1 (Oxford: Oxford University Press, 1994) Andrew Lewis, ed., 5-38.
(iii) Articles in Journals
‘Duties, Liabilities, and Damages’ (2012) 125 Harvard Law Review 1727-56.
‘Comparative Legal Scholarship as Ordinary Legal Scholarship’ (2011) 5 Journal of Comparative Law (forthcoming).
‘Why Courts Make Orders (And What This Tells Us About Damages)’ (2011) 64 Current Legal Problems 51-87.
‘The Normativity of Private Law’ (2011) 31 Oxford Journal of Legal Studies 215-242.
‘‘‘The Reasonable Expectations of the Parties’’: An Unhelpful Concept’ (2010) 48 Canadian Business Law Journal 366-388.
‘The General Provisions on Contract in the Civil Code of the Russian Federation’ (2004) 30 Review of Central and East European Law 49-75.
‘The Provisions on Gift in the Civil Code of the Russian Federation’ (2004) 30 Review of Central and East European Law 77-100.
‘The General Provisions on Purchase and Sale in the Civil Code of the Russian Federation’ (2004) 30 Review of Central and East European Law 100-159.
‘The Structure of Unjust Enrichment Law: Is Restitution a Right or a Remedy?’ (2003) 36 Loyola of Los Angeles Law Review 1037-1062.
‘The Reliance Interests in Contract Damages and the Morality of Contract Law’ (2001) 1 Issues in Legal Scholarship: Article 1, 1-38 [electronic journal].
‘Concurrent Liability in Contract and Unjust Enrichment: The Fundamental Breach Requirement’ (1999) 115 Law Quarterly Review 245-264.
‘Contracts for the Benefit of Third Parties: In Defence of the Third Party Rule’ (1997) 17 Oxford Journal of Legal Studies 643-663.
‘Performance, Punishment, and the Nature of Contractual Obligation’ (1997) 60 Modern Law Review 360-377.
‘Contracting Under Pressure: A Theory of Duress’ (1997) 56 Cambridge Law Journal 343-373.
‘Future Freedom and Freedom of Contract’ (1996) 59 Modern Law Review 167-187.
‘In Defence of Substantive Fairness’ (1996) 112 Law Quarterly Review 138-158.
‘Reconstructing Restraint of Trade’ (1995) 15 Oxford Journal of Legal Studies 565-595.
‘Of Remedies and Restrictive Covenants’ (1994) 7 Journal of Contract Law 164-180.
(iv) Shorter Articles/Comments in Journals
‘Justifying the Law of Unjust Enrichment’ (2001) 79 Texas Law Review 2177-2197.
‘The Law Commission’s Proposals on Privity: Which Duty? Whose Right?’ (1997) 1 Amicus Curiae 13-14.
‘Rights, Remedies, and Normal Expectancies in Tort and Contract’ (1997) 113 Law Quarterly Review 426-432.
(v) Review Essays
‘Troubled Foundations for Private Law’ (2008) 21 Canadian Journal of Law and Jurisprudence 459-476
‘A Map of the Common Law?’ (2004) 40 Canadian Business Law Journal 364-383.
‘Taking Law Seriously’ (2000) 50 University of Toronto Law Journal 241-259.
(vi) Book Reviews
Rafael Zakrzewski, Remedies Reclassified, reviewed in (2006) 122 Law Quarterly Review 164-70.
Dennis Patterson, ed., A Companion to the Philosophy of Law and Legal Theory, reviewed in (1998) 114 Law Quarterly Review 322-24.
Ernest Weinrib, The Idea of Private Law, reviewed in (1996) 112 Law Quarterly Review 363-368.
David Owen, ed. Philosophical Foundations of Tort Law, reviewed in (1996) 112 Law Quarterly Review 694-696.
J Beatson & D Friedmann, eds., Good Faith and Fault in Contract Law, reviewed in [1996] Restitution Law Review 261-265.
(vii) Other research
‘The Provisions on Sale and Purchase in the Russian Civil Code’ (2000). Paper prepared for the McGill-Russia Legal Collaboration Project, translated into Russian (funded by CIDA). 99 pp.
‘The Provisions on Gift in the Russian Civil Code’ (2000). Paper prepared for the McGill-Russia Legal Collaboration Project, translated into Russian (funded by CIDA). 49 pp.
‘The General Provisions on Contract in the Russian Civil Code’ (1999). Paper prepared for the McGill-Russia Legal Collaboration Project, translated into Russian (funded by CIDA). 24 pp.
‘The Domain of Contract and the Contract Law of the People’s Republic of China’; paper prepared for and presented at the Canada-China Senior Judges Training Project, 3rd Joint Seminar, Beijing, June 14th-18th, 1999. Paper translated into Chinese and published privately. 21 pp.
‘Remedies for Breach of Contract and the Contract Law of the People’s Republic of China’; paper prepared for and presented at the Canada-China Senior Judges Training Project, 3rd Joint Seminar, Beijing, June 14th-18th, 1999 Paper translated into Chinese and published privately. 23 pp.
PRESENTATIONS (of research)
‘Duties, Liabilities, and Damages’, guest lecture, University of Amsterdam, October 2011
‘Duties, Liabilities, and Damages’, Symposium on the ‘New Private Law’, Harvard University, October 2011
‘Comparative Legal Scholarship as Ordinary Legal Scholarship’, World Society of Mixed Jurisdictions Conference, Hebrew University of Jerusalem, June 2011
‘Why Courts Make Orders’, Private Law Theory Workshop, McGill University, April 2011.
‘Between Rules and Sanctions’, Current Legal Problems Lecture, University College London, Nov, 2010
‘Corrective Justice and Contract’ at Contracts and Promises Workshop, Georgetown University, Washington, Sept 2010
‘Rules-Based Rights and Court-Ordered Rights’ at ‘Obligations V’ Conference, University of Oxford, July 2010
‘Rights Without Wrongdoing’, Faculte de Droit, Paris I, Paris, France, March 2010
‘The Normativity of Private Law’, Faculte de Droit, University Paul Cezanne, Aix-Marseille, France, Feb 2010
‘From Rights to Remedies’, Law Faculty Workshop at Queen’s University, Feb 2010
‘From Rights to Remedies’, Law Faculty Workshop, Hebrew University, Jerusalem, Jan 2010
‘From Rights to Remedies’, Law Faculty Workshop, Tel Aviv University, Dec 2009
‘Courts Orders: Duties or Consequences’ at Canadian Law and Economics Association Annual Conference, University of Toronto, Oct 2009
‘Rights and Remedies: A Complex Relationship’ at CIAJ conference on Taking Remedies Seriously, Ottawa, Ont. Sept 2009
‘The Law of Court Orders: General Principles’ at workshop on Contracts and Promises, Georgetown University, Washington DC, Sept 2009.
‘The Law of Court Orders: General Principles’ at Society of Legal Scholars Annual Conference, Keele University, UK, Sept 2009.
‘Rules and Citizens, Orders and Courts’, Annual Lecture on Law and Philosophy, Faculties of Law and Philosophy, University of Western Ontario, Sept 2009
‘Court Orders: Duties or Incentives?’ at Conference on Remedies, Aix en Provence, France, June 2009
‘Overview of Remedies’; May 2009; National Judicial Institute conference on Contract Law; St John’s, Nfld.
‘Comparative Legal Scholarship as Ordinary Legal Scholarship’ at CALT conference, Ottawa, Ont., May 2009
‘‘‘The Reasonable Expectations of the Parties’’: An Unhelpful Concept’ at Conference on Commercial and Consumer Law, University of Manitoba, (Winnipeg, Manitoba) Oct 2008
‘Kant on Private Law’ at Symposium on Kant: Force and Freedom, Queen's University (Kingston, Ontario) Oct 2008.
‘The Rights of Private Law’ at conference on The Goals of Private Law, National University of Singapore, July 2008
‘The Structure of Remedies’ at Law and Society Annual Conference, (Montreal, Quebec) May 2008.
‘Unjust Enrichment: Nearer to Tort than Contract’ at Conference on The Philosophical Foundations of Unjust Enrichment Law, King's College (London, UK) April 2008
‘The Limits of Contract’ at Conference on Exploring Contracts, University of Western Ontario (London, Ontario), Jan 08
‘Transystemic Law’ at SEALS Conference, (Amelia Island, Florida) July 2007
‘The Law of Damages: Rules for Courts or Rules for Citizens?’ presented at Contract Damages: Domestic and International Perspectives, University of Birmingham, (Birmingham UK) June 07.
‘The Law of Damages: Private Law or Public Law?’ Remedies Forum, Emory University (Atlanta, Georgia), May 2007
‘Substitutionary Damages’ at 4th International Contracts Conference, South Texas College of Law (Houston, Texas), Feb 2007.
‘Substitutionary Specific Relief’ at Conference on Justifying Remedies, University of Queensland, July 2006
‘Comparative Legal Scholarship as Ordinary Legal Scholarship’, University of Toronto, Dec 2005
‘Comparative Legal Knowledge as Ordinary Legal Knowledge’, Oxford University and University of Manchester, June 2005
‘The Philosophical Foundations of Contract Law: Anglo–American Perspectives’, University of Paris (Sorbonne), November 2004.
‘Contract Theory’, Queen’s University at Kingston, November 2004.
‘A Map of the Common Law’ at Annual Workshop on Consumer and Commercial Law, University of Toronto, October 2003.
‘The Structure of Unjust Enrichment Law: Is Restitution a Right or a Remedy?’ at conference on restitution at Washington & Lee University, 2002.
‘A Map of Contract Theory’ at conference for Canadian torts professors, Montreal, 2002.
‘Justifying the Law of Unjust Enrichment’, Conference on Unjust Enrichment, University of Texas at Austin, May 2000.
‘Comment on McInnis & Weinrib’ Annual Workshop on Consumer and Commercial Law, University of Toronto, October 1999.
‘Towards a Theory of Contract’ at conference for contributors to Oxford Essays in Jurisprudence, 4th series, Oxford, 1999.
‘Concurrent Liability in Contract and Unjust Enrichment: The Fundamental Breach Requirement’ at McGill University, 1998.
‘In Defence of Privity’, presented as one in a series of seminars on ‘The Theory and Ideology of Private Law ‘at Kings College, London, 1996.
‘Duress, Economic Duress, and Threatened Breach of Contract’ at Colloquium on ‘Contract, Restitution and Failure of Contracts’, Annual Conference of the Society of Public Teachers of Law, Cambridge, 1996.
‘Performance, Punishment, and the Nature of Contractual Obligation’ at legal theory workshops during the Winter of 1996 at McGill University, York University and the Universities of British Columbia, Hull and Southampton.
‘In Defence of Substantive Fairness’ at Society of Public Teachers of Law, Annual Conference 1994; Legal Theory Workshop, University of Toronto 1995; Legal Theory Workshop, McGill University 1995.
OTHER PRESENTATIONS
‘Remedies in the Common Law’, Continuing Education (‘Formation Continue’) presentation for members of the Quebec Bar, March 2012.
‘Should We Obey the Law?’, panel presentation in Mini-Law series at Faculty of Law, McGill University (Montreal, Quebec) Sept 2011
‘The Relationship Between Rights and Remedies’ at Federal Court Annual Education Seminar, Mont Tremblant, Quebec, Sept 2011
‘Remedies for Breach of Contract: Overview’ at National Judicial Institute conference on Civil Law, St John’s Nfld., May 2009
‘Is There an Obligation to Obey the Law?' for Mini-Law series at Faculty of Law, McGill University (Montreal, Quebec) Sept 2007
‘The Limits of Morality’ at conference on Morality and the Law, Birkbeck College, London, December 1994.
RESEARCH GRANTS
2009-2016 James McGill Professorship Award ($15,000 per year)
2009-11 Killam Fellowship
2007-2010 Social Science and Humanities Research Council ‘Standard Research Grant’
($47,084 for 3 years).
2004-2009 William Dawson Scholarship ($15,000 per year).
2002-2005 Social Science and Humanities Research Council ‘Standard Research Grant’
($50,500, for 3 years).
2003 Foundation for Legal Research ($3,500).
1998-2001 Social Science and Humanities Research Council ‘Standard Research Grant’ ($36,600, for 3 years).
1995-1997 Granted three internal ‘teaching reduction’ research awards by Oxford University.
TEACHING INTERESTS
Courses taught Remedies, Contractual Obligations (common law and civil law), Advanced Common Law, Jurisprudence, Common Law Perspectives, Legal Theory, Commercial law, Sale (common law and civil law), Torts, Philosophical Foundations of the Common Law, Constitutional Law, Theoretical Approaches to Legal Scholarship.
ADMINISTRATIVE POSITIONS
Current Interim Associate Dean (Research); Chair of Space Cttee, Appeal Cttee for Student Grievances
Past positions McGill: Associate Dean (Graduate Studies), Decanal Search Cttee (Law), Chair Space Cttee, University Tenure Review Committee Admissions Cttee, Appeal Cttee for Student Discipline and Grievances, University Fellowships Advisory Cttee, University Senate, Organizer Legal Theory Workshops, Faculty Marshall, Library Committee, Legal Assessor for Cttee on Student Grievances.
Oxford: Director of College Nursery, Finance Committee, Investment Committee, Library Committee, Computing Committee, University Disciplinary Tribunal, University Examining Board, Winter Williams Prize Examiner, Law Faculty Research & Equipment Committee, Law Library Committee.
OTHER
1999-present Supernumery Fellow, St. Anne’s College, Oxford.
1999-2006 Consultant, Clifford Chance, Houthoff Baruma; organizer and teacher of courses on common law to civil law commercial lawyers.
1999 Co-organizer, Annual Conference on Commercial Law, 1999, (McGill).
1997-2000 Consulting Editor, Amicus Curiae (Journal of the Society for Advanced Legal Studies).
1996-2000 Contributor & Participant (Contract Section), 1996 - 2000, Trento Project on The Common Core of European Private Law.
1992 Co-Organizer, Society of Public Teachers of Law Conference, (Oxford).
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