Efrat Arbel

Efrat Arbel

Efrat Arbel

S.J.D. Candidate

Academic Visitor, Oxford University Centre for Criminology (forthcoming, 2013)

SSHRC Postdoctoral Fellow, University of British Columbia Faculty of Law (2012-2014)

Canada Research Fellow, Weatherhead Center for International Affairs, Harvard University (2008-2011)

Doctoral Fellow, Social Sciences and Humanities Research Council of Canada (2008-2011)

earbel [at] sjd.law.harvard.edu

Dissertation

Boundaries of Belonging: Rights and National Identity in Canadian Refugee, Aboriginal, and Prisoner Law

In this dissertation, I offer a critical examination of Canadian approaches to rights protection at the intersection of three fields of law: refugee law, aboriginal law, and prison law.   My analysis compares these fields to identify the overarching patterns, discourses, and presumptions that traverse all three.  Through this comparison, I demonstrate that within and across these fields of law, the adjudication of rights is animated by an ongoing preoccupation with asserting the Canadian national identity through a stated constitutional commitment to rights protection.  I further demonstrate that in each legal field, this commitment has oriented legal decision-making in ways that, paradoxically, impede the progressive realization of rights contemplated by the Canadian constitution.  Building on this analysis, I highlight the coercive effects of scripting marginalized subjects into national identity, and illuminate the specific role played by these three subject groups in marking the identity of the nation.

 

Fields of Research and Supervisors

  • Law and Identity, with Dean Martha Minow, Harvard Law School, Overall Faculty Supervisor
  • Sovereignty, Plurality, Governance, with Professor Joseph Singer, Harvard Law School
  • Critical Theory, with Professor Duncan Kennedy, Harvard Law School
  • The Politics of Representation, with Professor Janet Halley, Harvard Law School
  • Citizenship and Globalization, with Professor Ayelet Shachar, University of Toronto Faculty of Law

Additional Research Interests

  • Constitutional Law
  • Human Rights
  • Critical and Legal Theory
  • Law and Geography

Education

  • Harvard Law School, S.J.D. (2012)
  • Harvard Law School, LL.M Program (2007)
  • University of British Columbia, J.D. (2004)
  • McGill University, B.A. (First Class Honours) (2000)

Academic Appointments and Fellowships

  • Academic Visitor, Oxford University Centre for Criminology (forthcoming, 2013)
  • Social Sciences and Humanities Research Council of Canada Postdoctoral Fellow, University of British Columbia Faculty of Law (2012-ongoing)
  • Postdoctoral Fellow, Australian Research Council Gender Related Harms in Forced Migration Project (2012-ongoing)
  • Sessional Instructor, University of British Columbia Faculty of Law (2011-2012)
  • Canada Research Fellow, Weatherhead Center for International Affairs, Harvard University (2008-2011)
  • Doctoral Fellow, Social Sciences and Humanities Research Council of Canada (2008-2011)
  • Researcher, Harvard Immigration and Refugee Law Clinic (2007-2011)
  • Graduate Fellow (LL.M Advisor), Harvard Law School Graduate Program (2007-2008)
  • Research Associate, Harvard Law School (2007-2008)
  • Graduate Fellow, Law Foundation of British Columbia (2007-2010)
  • Travelling Scholar, MacKenzie King Foundation (2007-2008)

Representative Publications

  •  The Culture of Rights Protection in Canadian Refugee Law: Examining the Domestic Violence Cases, 58(3) McGILL L. J. (forthcoming, 2013)
  • Shifting Borders and the Boundaries of Rights: Examining the U.S.-Canada Safe Third Country Agreement, 25(1) INT’L J. REFUGEE L. (forthcoming, 2013)
  • Newfoundland v. Newfoundland Association of Public and Private Employees: A Case Comment, 16 CAN. J. WOMEN & L. 39 (2004)

Additional Information

  • Languages: English, Hebrew
  • Called to the Bar of British Columbia, Canada (2006)

 

 

Last Updated: October 16, 2012 

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