University of Calgary

Lyndsay Campbell

  • Associate Professor

Bar admissions

Non-practising member of the British Columbia Bar

Biography

Lyndsay grew up in Calgary but spent most of her post-secondary educational career on the west coast, in British Columbia and California. She practised briefly with McCarthy Tétrault in Vancouver and independently, in connection with the B.C. Human Rights Tribunal. She clerked for justices L.G. Finch and J.D. Lambert at the British Columbia Court of Appeal.

Lyndsay is cross-appointed to the Department of History in the Faculty of Arts. She also teaches in the undergraduate Law and Society program.

Teaching

Law 703: Graduate Seminar in Legal Research and Methodology

Research/Scholarly Activities

Lyndsay's research interests include legal history, the regulation of expression, the interaction between extralegal and legal regulatory strategies, comparisons between Canadian and American approaches to law, and nineteenth-century Canadian constitutionalism. Her doctoral dissertation was entitled "Truths and Consequences: The Legal and Extralegal Regulation of Expression in Massachusetts and Nova Scotia, 1820-1840." Her LL.M. thesis was entitled "The St. Clair Case and the Regulation of the Obscene in Pre-World War One Ontario."

Lyndsay is currently completing the process of reworking her doctoral dissertation as a monograph on the regulation of expression in Nova Scotia and Massachusetts in the 1820s and 1830s. An essay on the transmission of legal knowledge about libel law appeared in Fernandez and Dubber, eds., Law Books in Action: Essays on the Anglo-American Legal Treatise (Hart Publishing, 2012). Lyndsay collaborated with Professor Tony Freyer of the University of Alabama on a co-authored and co-edited collection entitled Freedom's Conditions in the U.S.-Canada Borderland in the Age of Emancipation (Carolina Academic Press, 2011). Articles related to libel law and to the treatment of race in Canadian law have appeared in the Canadian Journal of Law and Society, the Dalhousie Law Journal, the Queen's Law Journal, and most recently, the Law and History Review. Lyndsay has also begun work on a project on the regulation of alcohol and the changing Canadian regulatory state in the later nineteenth century.

Research Areas

  • Legal History
  • The regulation of expression
  • The interaction between extralegal and legal approaches to regulation
  • Comparisons between Canadian and American approaches to law, constitutionalism and regulation

Lyndsay can supervise LLM students interested in the legal history of the regulation of energy or the environment in Canada.

Selected Publications & Presentations

Books

  • Tony Freyer and Lyndsay Campbell, eds., Freedom's Conditions in the U.S.-Canada Borderlands in the Age of Emancipation (Carolina Academic Press, 2011).

Journal Articles

  • Lyndsay Campbell, "S.G.W. Archibald and Liberal Constitutionalism in Nova Scotia, 1820-40" (2017) 24(1) International Journal of the Legal Profession 39-45.
  • Lyndsay Campbell, “Law and Order: Recent Works on Canadian Legal History” 44(2) Acadiensis (2015): 149-60.
  • Lyndsay Campbell, "Race, Upper Canadian Constitutionalism and 'British Justice'" (2015) 33(1) Law and History Review 41-91.
  • Lyndsay Campbell, "'The Disorderly Conduct of a Few': Crime and Hamilton's Racial Geography in the Early 1850s" (2012) 28(3) Canadian Journal of Law & Society 369-86.
  • Lyndsay Campbell,  “Race and the Criminal Justice System in Canada West: Burglary and Murder in Hamilton, 1852-53” (2012) 37(2) Queen’s Law Journal 477-522.
  • Lyndsay Campbell, "Licence to Publish: Joseph Howe's Contribution to Libel Law in Nova Scotia"?(2006) 29(1) Dalhousie Law Journal 79-116.
  • Lyndsay Campbell, "A Slub in the Cloth: R. v. St. Clair and the Pursuit of a 'Clean Theatre' in Toronto, 1912-1913" (2000) 15(1) Canadian Journal of Law and Society 187-220.

Chapters in Books

  • Lyndsay Campbell, "Truth and Privilege: Libel Treatises and the Transmission of Legal Norms in the Early Nineteenth-Century Anglo-American World," in Angela Fernandez and Markus Dubber, eds., Law Books in Action: Essays on the Anglo-American Legal Treatise (Hart Publishing, 2012). 
  • Lyndsay Campbell, "Starkie's Adventures in North America: The Emergence of Libel Law," in Hamar Foster, Benjamin L. Berger, and A. R. Buck, eds., The Grand Experiment: Law & Legal Culture in British Settler Societies (Vancouver: UBC Press, 2008).

Selected Recent Conference Presentations

  • “Courts, Assemblies and Privilege: Individual Rights in the Colonies in the Early Nineteenth Century.” Presented at Technologies of Justice conference, University of Ontario Institute of Technology, January 26 & 27, 2018.
  • “The Jurisdiction of Colonial Legislatures and the Great (Forgotten) Case of Stockdale v. Hansard.” Presented at the Canada’s Legal Past: Future Directions in Canadian Legal History conference, University of Calgary, July 17 & 18, 2017.
  • “The Transmission of Constitutional Law: Stockdale v. Hansard in the Colonies.” Presented at the joint annual meetings of the Canadian Law and Society Association [“CLSA”] and the Law and Society Association [“LSA”], Mexico City, June 20-23, 2017.
  • "Absolute Privilege and Jurisdictional Conflict between Courts and Legislatures in Britain and Massachusetts in the Early Nineteenth Century." Presented at the annual meeting of the American Society for Legal History, Toronto, October 27-30, 2016.
  • "Defaming Women: Women's Use of Defamation in Massachusetts and Nova Scotia, 1820-40." Presented at the annual meeting of the Canadian Law and Society Association, University of Ottawa, Jun. 5, 2015.

ABlawg: The Faculty of Law Blog

Professional Service

Lyndsay is the President of the Canadian Law and Society Association and is a member of the Standing Committee on the Annual Meeting, American Society for Legal History.

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