Faculty

Malcolm Lavoie

Malcolm Lavoie, BA (Hons) (UBC), MSc (LSE), BCL, LLB (McGill), LLM, SJD (Harvard)

Assistant Professor

Law

About Me

Malcolm Lavoie joined the University of Alberta Faculty of Law in 2015. His research deals with property law, Aboriginal law, and the intersection between private law and constitutional law. Prof. Lavoie holds a B.A. (Hons.) in Economics from the University of British Columbia; M.Sc. (Distinction) in Political Theory from the London School of Economics; B.C.L. and LL.B. from the McGill University Faculty of Law; and LL.M. and S.J.D. from Harvard Law School. He served as a law clerk for the Hon. Justice Frans Slatter of the Alberta Court of Appeal (2012-2013) and later for the Hon. Justice Rosalie Abella of the Supreme Court of Canada (2013-2014). During the course of his graduate studies at Harvard, Prof. Lavoie was a Frank Knox Memorial Fellow, Fulbright Scholar, Weatherhead Center Graduate Research Fellow, and Project on the Foundations of Private Law Fellow. He is a member of the Bar of Alberta and has argued before the Supreme Court of Canada.

Prof. Lavoie was a recipient of the 2017 Canadian Association of Law Teachers (CALT) Scholarly Paper Award, as well as the 2015 Harvard Project on the Foundations of Private Law Writing Prize. His research has appeared in numerous publications and has been cited by the Supreme Court of Canada. A former member of the national swim team, Prof. Lavoie has more recently adjudicated sport arbitration proceedings involving Swimming Canada.


Research

  • Legal Theory

  • Property Law

  • Aboriginal Law

  • Federalism

Publications

  • Malcolm Lavoie, “The Implications of Property as Self-Government” (2020) University of Toronto Law Journal [forthcoming].

  • Malcolm Lavoie, “Property Law and Collective Self-Government” (2019) McGill Law Journal [forthcoming].

  • Malcolm Lavoie, “Aboriginal Rights and the Rule of Law” (2019) 92 Supreme Court Law Review 159. (link)

  • Malcolm Lavoie, “Aboriginal Title Claims to Private Land and the Legal Relevance of Disruptive Effects” (2018) 83 Supreme Court Law Review (2d) 129-166. (link)

  • Malcolm Lavoie, “R. v. Comeau and Section 121 of the Constitution Act, 1867: Freeing the Beer and Fortifying the Economic Union” (2017) 40:1 Dalhousie Law Journal 189-219. (link)

  • Malcolm Lavoie & Moira Lavoie, “Land Regime Choice in Close-Knit Communities: The Case of the First Nations Land Management Act” (2017) 54:2 Osgoode Hall Law Journal 559-607. (link)

  • Malcolm Lavoie, “Why Restrain Alienation of Indigenous Lands?” (2016) 49:3 University of British Columbia Law Review 997-1060. (link)

  • Malcolm Lavoie, "Canada’s 'Unique' Approach to Specific Performance in Contracts for the Sale of Land: Some Theoretical and Practical Insights" (2013) 12:2 Oxford University Commonwealth Law Journal 207-227. (link)

  • Malcolm Lavoie, "Understanding 'Trade as a Whole' in the Securities Reference" (2013) 46:1 University of British Columbia Law Review 157-175. (link)

  • Malcolm Lavoie, “Locke, Hegel, and Rights to Property: Examining the Unstable Ideological Architecture of the Canadian Law of Aboriginal Title” (2012) 69 University of Toronto Faculty of Law Review 25-54. (link)

  • Malcolm Lavoie, “Canadian Common Law and Civil Law Approaches to Constructive Takings: A Comparative Economic Perspective” (2011) 42:2 Ottawa Law Review 229-252. (link)