(Alleged) fiduciary aspects of public law

Over the past few years Evan Criddle (Syracuse), Malcolm Thorburn (Queen's) and Evan Fox-Decent (McGill) have been exploring various ways in which some areas of public law may be explained by positing a fiduciary relationship between entrenched authorities and the people subject to them.

Thorburn has been developing this idea in relation to justification defences and police powers authorized by criminal law.  Criddle and Fox-Decent have been developing the idea in relation to international law's treatment of jus cogens, human rights, and emergencies.

The point of this informal workshop is to discuss objections to the fiduciary theory. What the organizers really want is for participants to come with one or two objections. The papers have been circulated in via the Law Profs listserv.

Please send evan.foxdecent [at] MCGILL.CA">Prof. Fox-Decent a summary of your objection(s) (one page max) by 26 May. Participants will be able to outline the objection before opening things up to discussion. Summaries will be circulated ahead of time.

If you'd like to participate (with or without a written-up objection), please let evan.foxdecent [at] MCGILL.CA (Prof. Fox-Decent) know over the next few days.

Refreshments and lunch will be served.