Lorne Neudorf

Assistant Professor

JD (Victoria), LLM (McGill), PhD (Cambridge)
Barrister and Solicitor, Law Society of Upper Canada

Dr Neudorf completed his PhD in comparative law at the University of Cambridge.  His research examined the independence of the judiciary through comparative case studies and was supported by Clare Hall, the Law Foundation of British Columbia and the Modern Law Review.  He was twice awarded the Sir James Lougheed Award of Distinction for his doctoral work.  The results of his comparative research were published by Springer as a monograph entitled The Dynamics of Judicial Independence: A Comparative Study of Courts in Malaysia and Pakistan.  Dr Neudorf taught English Administrative Law at six colleges of the University of Cambridge and lectured in English common law at Pembroke and King's colleges.  He was also the Managing Editor of the Cambridge Journal of International and Comparative Law and produced the innovative UK Supreme Court Yearbook.

Prior to his doctoral studies, Dr Neudorf obtained a JD at the University of Victoria, where he won numerous course prizes, the First Year Medal and the President's Scholarship.  He completed an LLM at the Institute of Comparative Law at McGill University where his research was supported by the Social Sciences and Humanities Research Council of Canada, the Law Society of British Columbia, and the Law Foundation of British Columbia.  He also articled and practised as an Associate Lawyer at the Toronto office of Osler, Hoskin & Harcourt LLP, one of Canada's premier business law firms.

Dr Neudorf has published or edited more than 45 scholarly collections, journal articles, case comments, book chapters, book reviews, and newspaper op-eds.  These include pieces in leading journals such as the Cambridge Journal of International and Comparative Law, the Cambridge Law Journal, the Human Rights Law Review, the Modern Law Review, Osgoode Hall Law Journal, the Oxford University Commonwealth Law Journal, the Oxford University Comparative Law Forum, Canadian Parliamentary Review, Statute Law Review and UBC Law Review.  His work has been cited in books and articles by comparative and public law scholars and others including the United Nations Special Rapporteur on the Independence of Judges and Lawyers.  It has also been introduced in evidence before a parliamentary committee of the House of Lords.  Dr Neudorf has presented research at internationally leading law schools including Cambridge, Yale, Stanford, the National University of Singapore, New York University, and Humboldt University in Germany.  He has been a visiting scholar at the Max-Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany (2012) and Clare Hall, University of Cambridge (2015).  His newspaper editorials have appeared in major Canadian newspapers, including The Globe and Mail, the National Post, and the Toronto Star.

Along with Professors Robert Diab and Chris Hunt, Dr Neudorf is the founding Editor in Chief of the Canadian Journal of Comparative and Contemporary Law, which has published cutting edge scholarship from legal scholars around the world.  He is a member of the advisory boards of the Cambridge Journal of International and Comparative Law and the UBC International Law Journal.  In October 2015, Dr Neudorf was elected as an Associate Member of the American Society of Comparative Law.  His ongoing research often takes a comparative perspective and is principally focused on legal institutions, government, and the law of judicial review.

Dr Neudorf teaches in both the first year and upper year curricula.  He has been awarded several teaching excellence prizes by law students (2017 first year class; 2016 first year class; 2017 upper year students; 2016 upper year students; 2015 upper year students).  Dr Neudorf is also the faculty liaison for Outlaws, the TRU Law LGBTQ student group.

 Publications
Research in Progress
  1. Executive Erosion of Parliamentary Sovereignty: Comparative Perspectives on Lawmaking in Canada and the United Kingdom (article)
  2. Canada's First Act: The History and Role of the Interpretation Act (book chapter)
Books and Edited Volumes
  1. (Forthcoming) The Annotated Guide to the BC Interpretation Act, Carswell (with C. Hunt and M. Rankin)
  2. (Forthcoming) Legislating Statutory Interpretation: Perspectives from the Common Law World, Carswell (with C. Hunt and M. Rankin) (editor)
  3. (2017) The Dynamics of Judicial Independence: A Comparative Study of Courts in Malaysia and Pakistan, Springer
    • "Dr Neudorf's book represents an interesting and significant contribution to the scholarship of judicial independence, and deserves to be widely read by policy-makers as well as judges and legal practitioners."
      David Feldman, University of Cambridge
    • "This superb book uses the method of controlled comparison to say something genuinely new about judicial independence. Drawing on in-depth analysis of two under-studied jurisdictions in which democratic institutions are contested, Neudorf demonstrates that contextual factors are central to understanding how judicial independence develops over time.  A very important addition to the literature on comparative law and politics."
      Tom Ginsburg, University of Chicago
    • "An essential read for scholars of comparative judicial politics. Neudorf's careful contextual analysis of the construction of judicial independence in two seldom-explored legal systems -- Malaysia and Pakistan -- yields an important contribution to the study of institutional legitimacy building and the role of the judiciary in turbulent political settings."
      Ran Hirschl, University of Toronto
  4. (2017) Problems of Interpretation in International Law, 3 Canadian Journal of Comparative and Contemporary Law (10 contributors, approx. 200 pages) (with R. Diab and C. Hunt) (editor)
  5. (2016) Equity in the 21st Century: Problems and Perspectives, 2 Canadian Journal of Comparative and Contemporary Law (19 contributors, approx. 800 pages) (with R. Diab and C. Hunt) (editor)
  6. (2015) Health Law and Human Rights, 1 Canadian Journal of Comparative and Contemporary Law (19 contributors, approx. 400 pages) (with R. Diab and C. Hunt) (editor)
  7. (2012) The UK Supreme Court Yearbook, Vol 2 (Appellate Press, 29 contributors, approx. 150 pages) (originally published as a special issue of the Cambridge Journal of International and Comparative Law) (editor)
Articles, Chapters and Case Comments
  1. (2017) "Taking Comparative Law Seriously: Rethinking the Supreme Court of Canada's Modern Approach to Statutory Interpretation", Statute Law Review
  2. (2017) "The Supreme Court and Parliament: Evolving Roles and Relationships", Supreme Court Law Review
    1. Also published in The Court and the Constitution: A 150-Year Retrospective (Lexis, 2017)
  3. (2016) "Inadequate Reasons: The Need for Tribunal Participation in Judicial Review Litigation", 54 Alberta Law Review 219
  4. (2016) "Judicial Review Reform: Avoiding Effective Review through Procedural Means?",  16 Oxford University Commonwealth Law Journal 65 (with J. McIntyre)
  5. (2016) "Rule by Regulation: Revitalizing Parliament's Supervisory Role in the Making of Subordinate Legislation", Spring 2016 Canadian Parliamentary Review 29
  6. (2016) “The Expert Witness’s Duty of Impartiality in Canada”, 20 The International Journal of Evidence & Proof 72 (with C. Hunt)
  7. (2015) "Judicial Independence: The Judge as a Third Party to the Dispute" Oxford University Comparative Law Forum 2
  8. (2014) "Force Majeure Clauses in Comparative Perspective: The Canadian Common Law Approach in Light of Recent Developments in the Courts of Singapore and the United Kingdom", 65 UNB Law Journal 312 (with G. Hunnisett)
  9. (2014) "Declaratory Legislation: Legislatures in the Judicial Domain?", 47 UBC Law Review 313
  10. (2013) "Intervention at the UK Supreme Court", 3 The UK Supreme Court Yearbook 16
    1. Also published at 2(1) Cambridge Journal of International and Comparative Law 16
  11. (2012) "Home Invasion by Regulation: Truckers and Reasonable Expectations of Privacy Under Section 8 of the Charter", 45(2) UBC Law Review 551
  12. (2012) "Looking Back and Moving Forward", 2 The UK Supreme Court Yearbook 1
    1. Also published at 1(2) Cambridge Journal of International and Comparative Law 1
  13. (2012) "The Supreme Court and the New Judicial Independence", 2 The UK Supreme Court Yearbook 25
    1. Also published at 1(2) Cambridge Journal of International and Comparative Law 25
  14. (2012) "Promoting Independent Justice in a Changing World", 12 Human Rights Law Review 107
  15. (2010) "Avoiding Liability for Pension Plan Investments" in 8th Annual Pension and Benefits Hot Spots: Essential Updates on Key Legal Issues (Ontario Bar Association) (with P. Litner)
  16. (2010) "Canadian Plan Administrators and Legal Liability", 15(3) Pensions: An International Journal 179 (with J.P. Laporte)
  17. (2010) "Employees Block Attempt by Employer to Hike Pension Contributions", Ultimate HR Manual, Western Edition
  18. (2010) Pension Benefits Law in Ontario (Carswell), contributor
  19. (2010) "Shifting Sanctions and Personal Responsibility", 73 Saskatchewan Law Review 131
  20. (2010) "Tribunal Looks to 'Best Evidence' in Rejecting Former Employee's Claim to Pension Entitlement, Pension & Benefits Law
  21. (2009) "Mixed Result for CCWIPP Trustees in Pension Plan Investment Prosecution", Pension & Benefits Law
  22. (2009) "Nova Scotia Announces Solvency Funding Relief for DB Plans", Pension & Benefits Law
  23. (2009) "Beneficiary Designation in Favour of Former Wife Takes Precedence", Pension & Benefits Law
  24. (2007) "Independence and the Public Process: Evolution or Erosion?", 70 Saskatchewan Law Review 53
  25. (2007) "The Use of Evidence of Tainted Witnesses: International and Canadian Standards" book chapter in A Study on Procedural Law Issues in UNTOC and UNCAC, 188 (UN Publications) (with G. Ferguson)
Book Reviews
  1. (2017) Review of Regulating Judges: Beyond Independence and Accountability by Richard Devlin and Adam Dodek eds. (Edward Elgar 2017) Cambridge Law Journal, forthcoming
  2. (2016) Review of The Politics of Judicial Independence in the UK's Changing Constitution by Graham Gee, Robert Hazell, Kate Malleson and Patrick O'Brien (Cambridge: Cambridge University Press, 2014) 79(6) Modern Law Review 1144
  3. (2015) Review of Comparative Matters: The Renaissance of Comparative Constitutional Law by Ran Hirschl (Oxford: Oxford University Press, 2014), 74(3) Cambridge Law Journal 621
  4. (2014) Review of Authoritarian Rule of Law: Legislation, Discourse and Legitimacy in Singapore by Jothie Rajah (New York: Cambridge University Press, 2012), 73 Cambridge Law Journal 206
  5. (2014) Review of Constitutional Systems of the World (Series): The Constitution of China by Qianfan Zhang, The Constitution of Indonesia by Simon Butt and Tim Lindsey and The Constitution of Malaysia by Andrew Harding (Oxford: Hart Publishing, 2012), 73(2) Cambridge Law Journal 443
  6. (2013) Review of Politicized Justice in Emerging Democracies: a Study of Courts in Russia and Ukraine by Maria Popova (New York: Cambridge University Press, 2012), 72(2) Cambridge Law Journal 461
  7. (2013) Review of The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges by Shimon Shetreet and Christopher Forsyth, eds. (Leiden: Nijhoff, 2011), 76 Modern Law Review 181
  8. (2012) Review of Chinese Justice: Civil Dispute Resolution in Contemporary China by Margaret Yk Woo and Mary E. Gallagher, eds. (Cambridge: Cambridge University Press, 2011), 71(2) Cambridge Law Journal 454
  9. (2011) Review of Judicial Independence in China: Lessons for Global Rule of Law Promotion by Randall Peerenboom, ed. (Cambridge: Cambridge University Press, 2010), 70 Cambridge Law Journal 267
  10. (2011) Review of The Disenchantment of Secular Discourse by Steven D. Smith (Cambridge: Harvard University Press, 2010), 48(4) Osgoode Hall Law Journal 681
Newspaper Op-Eds
  1. (2016) Regulations Gone Wild, Financial Post (28 January 2016)
  2. (2015) Reject this Bid for Law School, Winnipeg Free Press (20 February 2015)
  3. (2014) In Defence of Fixed Election Dates, National Post (8 October 2014)
  4. (2013) No Real Threat to Harper, Globe and Mail (13 August 2013)
  5. (2012) Banishment is Part of the Judicial Toolkit, Globe and Mail (25 July 2012)
  6. (2012) Aboriginal Representation at the Supreme Court, Toronto Star (June 2012)
  7. (2011) English Courts Provide Swift Justice, Toronto Star (6 November 2011)
  8. (2010) A Cabinet Manual Could Protect Us Against Abuses of Power, Globe and Mail (6 December 2010)
 Research

Dr. Neudorf’s research often takes a comparative perspective and is principally related to the following areas:

  • Judges and judicial decision-making
  • Government and legal institutions, such as courts and legislatures
  • Public law, especially the law of judicial review and statutory interpretation
 Conferences
Select recent presentations
  1. (2017) SANT'ANNA SCHOOL OF ADVANCED STUDIES - Pisa
    Symposium on the Constitution of Canada: History, Evolution, Influence and Reform
    Presented paper entitled 'Executive Erosion of Parliamentary Sovereignty: Comparative Perspectives on Lawmaking in Canada and the United Kingdom'
  2. (2017) UNIVERSITY OF SOUTH AUSTRALIA - Adelaide
    Australasian Law Teachers Association 2017 Annual Conference
    Presented paper entitled 'Judicial Review in the Modern Administrative State: Comparative Reflections from Australia and Canada' (with J. McIntyre)
  3. (2016) HUMBOLDT UNIVERSITY, FACULTY OF LAW - Berlin
    Borders, Otherness and and Public Law, The International Society of Public Law Conference
    Chaired the 'Comparing Law(s) and Institutions' panel and presented paper entitled 'Taking Comparative Law Seriously: Rethinking the Supreme Court of Canada's Modern Approach to Statutory Interpretation'
  4. (2015) NATIONAL UNIVERSITY OF SINGAPORE, FACULTY OF LAW - Singapore
    Constitutionalism in the Courts: Judicial Review and the Separation of Powers, Centre for Asian Legal Studies conference
    Presented paper entitled 'Judicial Independence and the Evolution of Courts in Malaysia and Pakistan'
  5. (2015) NEW YORK UNIVERSITY, SCHOOL OF LAW – New York
    Public Law in an Uncertain World, The International Society of Public Law Conference
    Chaired the 'New Perspectives on Judicial Independence' panel and presented paper entitled 'Courts in Comparative Perspective: The Dynamics of Judicial Independence'
  6. (2015) STANFORD UNIVERSITY, FACULTY OF LAW – Stanford
    On Law and Social Transformations, Stanford Program in Law and Society
    Presented paper entitled 'The Evolution of Judicial Institutions: A Comparative Study of Courts in England, Malaysia, and Pakistan'
  7. (2015) THOMPSON RIVERS UNIVERSITY, FACULTY OF LAW  Kamloops
    Judicial Independence and Beyond (Panel with Prof. R. Devlin)
    Presented paper entitled 'The Dynamics of Judicial Independence: Comparing Courts in Malaysia and Pakistan'
  8. (2014) YALE UNIVERSITY, FACULTY OF LAW – New Haven
    Law and Responsibility, Doctoral Scholarship Conference
    Presented paper entitled 'Judicial Institutions and Responsibility: A Comparison of Courts in England, Malaysia and Pakistan'
  9. (2014) UNIVERSITY OF CAMBRIDGE, FACULTY OF LAW – Cambridge
    Process and Substance in Public Law, Centre for Public Law
    Presented paper entitled 'Judicial Review Reform: Avoiding Substantive Review through Procedural Reform?' (with J. McIntyre)
  10. (2013) UNIVERSITY OF CAMBRIDGE, FACULTY OF LAW – Cambridge
    Legal Traditions in a Diverse World, Cambridge Journal of International and Comparative Law
    Moderated keynote lecture 'The State as a Legal Tradition' by Prof. H. Patrick Glenn
  11. (2013) UNIVERSITY OF CAMBRIDGE, FACULTY OF LAW – Cambridge
    Centre for Public Law
    Presented paper entitled 'Judicial Independence in Pakistan'
  12. (2013) UNIVERSITY OF CAMBRIDGE, FACULTY OF LAW – Cambridge
    Comparative Law Discussion Group
    Presented paper entitled 'Comparing the Legal Principle of Judicial Independence: A Pragmatic and Context-Sensitive Approach'
  13. (2012) UNIVERSITY OF BRITISH COLUMBIA, FACULTY OF LAW – Vancouver
    Law and the Individual, Graduate Student Conference
    Presented paper entitled ‘The UN Special Rapporteur on Judicial Independence: Implications for the Developing World’
  14. (2011) UNIVERSITY OF CAMBRIDGE, CLARE HALL – Cambridge
    Research Symposium
    Presented paper entitled 'The Legal Principle of Judicial Independence in an Age of Judicial Power'
  15. (2011) UNIVERSITY OF CAMBRIDGE, CLARE HALL  Cambridge
    Clare Hall Law Society
    Presented paper entitled 'Judicial Independence in China: A New Approach to the Role of Courts in Economic Development?'
  16. (2011) UNIVERSITY OF CAMBRIDGE, FACULTY OF LAW – Cambridge
    Doctoral Seminar
    Presented paper entitled 'The World Bank and Independent Courts: Challenges and Opportunities'
 Affiliations
  1. Elected Associate Member, American Society of Comparative Law
  2. Member, British Institute of International and Comparative Law
  3. Member of the Review Board, Cambridge Journal of International and Comparative Law
  4. Director, Canadian Association of Comparative and Contemporary Law
  5. Co-Editor in Chief, Canadian Journal of Comparative and Contemporary Law
  6. Life Member, Clare Hall, University of Cambridge
  7. Barrister & Solicitor, Law Society of Upper Canada
  8. Member, The International Society of Public Law
  9. Member, The Society of Legal Scholars
  10. Member of the Editorial Advisory Panel, UBC International Law Journal
  11. Member, Kamloops Bar Association
 Committees
  1. Chair, Faculty of Law Web Working Group
  2. Co-Convenor, Faculty of Law Teaching Practices Colloquium
  3. Member, Faculty of Law Admissions Committee
  4. Member, Faculty of Law Library Committee
  5. Member, TRU Senate Appeals Committee
  6. Member, TRU Senate Student Engagement Committee
  7. Member, TRU Student Recruitment Committee
Lorne Neudorf
Contact

Office:
OM 4749
Email:
lneudorf@tru.ca
Phone:
778-471-8431

Courses
  • Administrative Law
    (LAWF 3900)
  • Canadian Journal of Comparative and Contemporary Law
    (LAWF 3990)
  • Comparative Law
    (LAWF 3550)
  • Legislation, Administration and Policy
    (LAWF 3040)
  • Trusts
    (LAWF 3720)