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Dr. Sarah Hamill
Assistant Professor, Law

Biography

Dr Sarah Hamill joined Trinity College Dublin in September 2017. She previously worked as a Lecturer at The City Law School, City, University of London, and prior to that she was a Catalyst Fellow at Osgoode Hall Law School in Toronto, Canada. She holds an LLB Honours from the University of Glasgow, an LLM from the University of Toronto, and a PhD in Law from the University of Alberta.

Dr Hamill's main areas of research are property law, housing law, and legal history. She has published widely in both areas. Her research in property law focuses on the interaction of public and private claims in the context of property law and housing law. Recent work includes a comparative analysis of restrictions on accessing property and housing, and an article about specific performance in Ireland.

Dr Hamill's legal history research has focused on the regulation of alcohol in early-twentieth-century Canada and explored how the province of Alberta sought to make its liquor laws effective. This research included an examination of the role plebiscites played in shaping the regulation of alcohol. In addition to her research in property and legal history, Dr Hamill has also published in the area of public law, specifically equality, and freedom of expression.

Dr Hamill"s work on legal history has been cited by the Tribunal des droits de la personne (Human Rights Tribunal of Quebec), her work on freedom of expression has been cited by the Quebec Court of Appeal, and her work on property law has been cited by the Supreme Court of Canada.

Dr Hamill has provided media commentary about her areas of research, in particular she has provided media commentary on drug and alcohol regulation in Canada and on housing law issues in Ireland. She has written articles for the Irish Examiner, the Sunday Business Post, and the Irish Times, and she has appeared on Morning Ireland, News Talk, Drivetime, and Prime Time. She is open to media queries on housing law and property law issues both in Ireland and beyond.

At Trinity Dr Hamill teaches English Land Law, and Housing Law and Rights in Context to undergraduate students. She also leads a final-year undergraduate dissertation group on Law and Empire. She has previously taught Private Law Remedies, and formerly led a final-year dissertation group on Property Law and Theory.

Publications and Further Research Outputs

Peer-Reviewed Publications

Mary Dobbs, Sarah E Hamill, and Robin Hickey, Land Law and Land Use, Irish Studies in International Affairs, 34, (2), 2023, p149 - 185 Journal Article, 2023 DOI URL

Sarah E. Hamill, Property Says No: Relational (In)Equality, Encampments, and Property Rights, Journal of Law and Social Policy, 36, 2023, p119 - 137 Journal Article, 2023 URL

Sarah E Hamill and Ciara Hackett, Law of Obligations, Irish Studies in International Affairs, 34, (2), 2023, p439 - 479 Journal Article, 2023 URL DOI

Sarah E Hamill, Social Housing, Domestic Violence and the Public Sector Duty , Mercy Law Resource Centre, September, 2023, p1 - 32 Report, 2023

At law, at equity, (sometimes) at odds with other judges: Chief Baron Palles and the Judicature Act in, editor(s)Oonagh B Breen and Noel McGrath , Palles: The Legal Legacy of the Last Lord Chief Baron , Dublin, Four Courts Press, 2022, pp35 - 51, [Sarah E. Hamill] Book Chapter, 2022

Sarah E. Hamill, Restricting Access to Property: Citizens, Owners, Residents, and Claims to Property, Common Law World Review, 2022 Journal Article, 2022 DOI URL

Charlie Wing and the Alberta Liquor Control Board: The Story of the first Chinese-Canadian hotel licensee in post-prohibition Alberta in, Dan Malleck and Cheryl Krasnick Warsh , Pleasure and Panic: New Essays on the History of Alcohol and Drugs , Vancouver, University of British Columbia Press, 2022, pp245 - 269, [Sarah E. Hamill] Book Chapter, 2022

David DesBaillets & Sarah E. Hamill, Coming in from the Cold: Canada's National Housing Strategy, Homelessness, and the Right to Housing in a Transnational Perspective, Canadian Journal of Law and Society , 2022, p1-21 Journal Article, 2022 DOI URL

Sarah E. Hamill, Getting the Reasoning Right: Gibbons v Doherty and ADT Investments Ltd [2020] IESC 72, Irish Supreme Court Review, 4, 2022, p83 - 100 Journal Article, 2022

Sarah Hamill, "The Properties of Universities and Universities' Property: Academic Freedom, Freedom of Expression, and Accessing Campuses", CAUT Journal, 2021, p1 - 16 Journal Article, 2021 URL

Journal of Canadian Studies, 55, 2, (2021), 231 - 480p, Michael Boudreau and Sarah E Hamill, [eds.] Journal, 2021

Sarah E Hamill, Enduring Trespass: What Adverse Possession Reveals about Property, Supreme Court Law Review, 2nd Series, 96, 2020, p215 - 236 Journal Article, 2020

Sociology of contract and property law in, editor(s)Jiri Priban , Research Handbook on the Sociology of Law, Cheltenham, UK, Edward Elgar, 2020, pp258 - 270, [Sarah E Hamill] Book Chapter, 2020 DOI

Sarah E Hamill, Public Policy or Intent: The Rationale Underlying Easements of Necessity, Dublin University Law Journal, 42, (1), 2020, p63 - 87 Journal Article, 2020

Deirdre Ahern and Suryapratim Roy, Policy Responses to Covid-19 In Ireland: Supporting Individuals, Communities, Businesses, and the Economy, COVID-19 Legal Observatory, Dublin, Trinity College Dublin, December , 2020, p1 - 108 Report, 2020 TARA - Full Text URL

Sarah E. Hamill, Review of Legal History, Social & Legal Studies, 2019 Journal Article, 2019 DOI

Sarah E Hamill, Bursting its Bounds: Ownership and the City, University of British Columbia Law Review, 51, (3), 2018, p739 - 772 Journal Article, 2018

Sarah E Hamill, Caught between Deference and Indifference: The Right to Housing in Canada, Canadian Journal of Human Rights, 7, (1), 2018, p67 - 95 Journal Article, 2018 URL

Sarah E. Hamill, Sex, Race, and Motel Guests: Another Look at King v Barclay, Osgoode Hall Law Journal, 54, (3), 2017, p851 - 875 Journal Article, 2017 TARA - Full Text URL

Pippa Feinstein & Sarah E. Hamill, The Silencing of LGBTTQQIA Voices in the Litigation over Trinity Western University's Proposed Law School, Windsor Yearbook of Access to Justice, 34, (2), 2017, p156 - 185 Journal Article, 2017 URL

Sarah E. Hamill, Community, Property, and Human Rights: The Failure of Property-as-Respect, Journal of Law and Social Policy, 27, 2017, p7 - 28 Journal Article, 2017 TARA - Full Text URL

Sarah E. Hamill, The Public Right to Fish and the Triumph of Colonial Dispossession in Ireland and Canada, University of British Columbia Law Review, 50, (1), 2017, p53 - 94 Journal Article, 2017 URL

Sarah E. Hamill, Of Malls and Campuses: The Regulation of University Campuses and Section 2(b) of the Charter, Dalhousie Law Journal, 40, (1), 2017, p157 - 187 Journal Article, 2017 TARA - Full Text

Sarah E. Hamill, The Alberta Liquor Control Board and the Question of Administrative Independence, 1924193, Alberta Law Review, 53, (3), 2016, p747 - 775 Journal Article, 2016 TARA - Full Text URL

Sarah E. Hamill, The Meta-Constitution: Amendment, Recognition, and the Continuing Puzzle of Supreme Law in Canada, Oxford University Commonwealth Law Journal, 16, (1), 2016, p28 - 64 Journal Article, 2016 DOI

Sarah E. Hamill, Liquor Laws, Legal Continuity, and Hotel Beer Parlours in Alberta, 1924 to c 1939, Histoire socilae/Social History, 49, (100), 2016, p581 - 602 Journal Article, 2016 URL

Sarah E. Hamill, Common Law Property Theory and Jurisprudence in Canada, Queen's Law Journal, 40, (2), 2015, p679 - 703 Journal Article, 2015 TARA - Full Text URL

Sarah E. Hamill, Prohibition Plebiscites on the Prairies: (Not-So) Direct Legislation and Liquor Control in Alberta, 1915 to 1932, Law and History Review, 33, (2), 2015, p377 - 410 Journal Article, 2015 DOI URL

Sarah E. Hamill, Location Matters: How Nuisance Governs Access to Property for Free Expression, University of British Columbia Law Review, 47, (1), 2014, p129 - 165 Journal Article, 2014 URL

Sarah E. Hamill, Private Rights to Public Property: the Evolution of Common Property in Canada, McGill Law Journal, 58, (2), 2012, p365 - 403 Journal Article, 2012 URL

Sarah E. Hamill, Making the Law Work: Alberta's Liquor Act and the Control of Medicinal Liquor from 1916 to 1924, Canadian Journal of Law and Society, 27, (2), 2012, p249 - 265 Journal Article, 2012 DOI

Sarah E. Hamill, Private Property Rights and Public Responsibility: Leaving Room for the Homeless, Windsor Review of Legal and Social Issues, 30, 2011, p91 - 114 Journal Article, 2011 URL

Non-Peer-Reviewed Publications

Sarah E. Hamill, The Celtic Paper Tiger: Ireland's Residential Tenancies Acts 2004-2022 and the Chimera of Tenants" Rights, Institute for Advanced Legal Studies, Director's Seminar Series, Online, 29 March 2023, 2023, Institute for Advanced Legal Studies Invited Talk, 2023

Sarah Hamill, Sociology of contract and property law, 2021 Socio-legal Studies Association Conference, Cardiff University/Online, March 2021, 2021 Oral Presentation, 2021

Sarah E. Hamill, Review of Justifying Private Rights , by Simone Degeling, Michael Crawford and Nicholas Tiverios (eds) , Modern Law Review, 2021 Review, 2021 DOI

Sarah E. Hamill, Getting the Reasoning Right: Gibbons v Doherty and ADT Investments Ltd [2020] IESC 72, Irish Supreme Court Review Conference, Online, November 2021, 2021 Oral Presentation, 2021

Alan Eustace, Sarah Hamill, Andrea Mulligan, Public Health Law During the COVID-19 Pandemic in Ireland: A Public Policy Report of the COVID-19 Legal Observatory , Covid-19 Law and Human Rights Observatory, Trinity College Dublin, August, 2021, p1 - 142 Report, 2021

Sarah E. Hamill, Review of Possession, Relative Title, and Ownership in English Law, by Luke Rostill , Cambridge Law Journal, 80, (3), 2021, p624-627 Review, 2021 DOI

Sarah E. Hamill, Understanding Ownership, New Directions in Private Law Theory, University College London/Onlline, November 2021, 2021 Oral Presentation, 2021

Sarah E Hamill, Eoin O'Dell, Alan Eustace, Philip Gavin and Sadhbh McGrath, Embedding Group Work and Innovative Assessment in the Private Law Curriculum, The Society of Legal Scholars Annual Conference, online/ Durham University, 31/08 - 3/09 2021, 2021 Oral Presentation, 2021

Sarah Hamill and Sarah Keenan, Critical Perspectives on Land Registration, 10/2020-01/2021, 2020, Online/Birkbeck, University of London Meetings /Conferences Organised, 2020

Sarah Hamill, The Properties of Universities and Universities' Property: Academic Freedom, Freedom of Expression, and Accessing Campuses, Free Speech on Campus, Toronto, ON, February 2019, 2019 Invited Talk, 2019

Sarah Hamill, Review of New Perspectives on Land Registration , by Amy Goymour, Stephen Watterson, and Martin Dixon (eds) , Legal Studies, 39, (3), 2019, p550-553 Review, 2019 DOI

Sarah Hamill, Time, Contingency, and the Duty to Act like an Owner: What Adverse Possession Reveals about property, New Work in Property and Trusts Symposium, University College London, May 2019, 2019 Oral Presentation, 2019

Sarah E. Hamill, Review of Property Law in a Globalizing World, by Amnon Lehavi , International and Comparative Law Quarterly, 2019 Review, 2019 DOI

Sarah E Hamill, "Goodwill or Good excuse?: the origins and afterlife of Ulster Transport Authority v James Brown & Sons", Reputation as Property: perspectives from tort and property, Trinity College Dublin, January 2019, 2019 Oral Presentation, 2019

Sarah Hamill, Public Rights of Way Over Private Land: Aberration, Interruption, or Correction?, Colloquium: Intersections in Private Law, Sydney, Australia, August 2019, 2019 Oral Presentation, 2019

Sarah Hamill and David Mangan, Reputation as Property: Perspectives from Property and Tort, 2019, Dublin Meetings /Conferences Organised, 2019

Sarah Hamill, Thinking About Public Property: The Nature of Land, Owners, and Use, Annual Meeting of the Association for Law, Property and Society,, Maastricht University, May-June 2018, 2018 Oral Presentation, 2018

Sarah Hamill, Enduring Trespass and Challenging Property: What Adverse Possession Tells us About Property, Modern Studies in Property Law 2018, University College London, April 2018, 2018 Oral Presentation, 2018

Sarah Hamill, Charlie Wing and the Alberta Liquor Control Board: Anti-Chinese Racism and the Liquor Laws in Post-Prohibition Alberta, Law at the Crossroads - The Annual Meeting of the Law and Society Association, Toronto, ON, 2018 Oral Presentation, 2018

Sarah Hamill, Involuntary Transfers of Ownership and the Search for Certainty in Property, Modern Studies in Property Law Publication Workshop, Queen's College, Cambridge, April 2017, 2017 Oral Presentation, 2017

Sarah Hamill, Owners and Citizens: Entitlements to Property and Questions of Community, A Workshop on Property, Vulnerability, and Resilience, University of Essex, September 2017, 2017 Oral Presentation, 2017

Sarah Hamill, The Last Gasp of Temperance? Liberalising the Liquor Laws in Post-War Alberta, 1945-1958, Canada's Legal Past: Future Directions in Canadian Legal History, University of Calgary, July 2017, 2017 Oral Presentation, 2017

Sarah Hamill, Bursting its Bounds: Ownership and the City, Property in the City, University of British Columbia, March 2017, 2017 Oral Presentation, 2017

Sarah Hamill, "Fishing Rights and the Triumph of Colonial Dispossession" , Confronting the Violence of Capital, Historical Materialism 2016 Conference, York University, May 2016, 2016 Oral Presentation, 2016

Sarah Hamill, A Theory of Urban Property, Challenging Traditional Notions of Property in Land Use Planning, Osgoode Hall Law School, York University, June 2016, 2016 Oral Presentation, 2016

Sarah Hamill, Sex, Race, and Motel Guests: Another Look at King v Barclay, Law, History, Authority - A Symposium in Honour of Douglas Hay, York University, May 2016, 2016 Oral Presentation, 2016

Sarah E. Hamill, Ola Malik, Megan van Huizen, Tent Cities, Homelessness and the Charter: A Commentary on Abbotsford (City) v Shantz, Digest of Municipal and Planning Law, 7, (16), 2016, p1 - 6 Journal Article, 2016

Sarah E. Hamill, Ola Malik, Imposing Limits on the Public's Right to Access Transit Services: Is the Alberta Court of Appeal's Train of Thought in the Case of R v SA on the Right Track, Digest of Municipal and Planning Law, 6, (24), 2014, p1 - 8 Journal Article, 2014

Sarah Hamill, The Failure of Prohibition and the Success of Government Control: Legal Change in Alberta, Law on the Edge - Joint Meeting of the CLSA and LSA-ANZ, University of British Columbia, July 2013, 2013 Oral Presentation, 2013

Sarah E. Hamill, Judges and Religious-Based Reasoning: A Response to Ginn and Blaikie, Constitutional Forum constitutionnel, 21, (1), 2012, p15 - 24 Journal Article, 2012 URL

Sarah E. Hamill, McIvor v Canada and the 2010 Amendments to the Indian Act: A Half-hearted Remedy to Historical Injustice, Constitutional Forum constitutionnel, 19, (2), 2011, p75 - 84 Journal Article, 2011 URL

Sarah E. Hamill, Review of of Canadian State Trials, Volume III: Political Trials and Security Measures, 1840-1914 , by Barry Wright & Susan Binne , Labour/Le Travail, 66, 2010, p2 Review, 2010

Research Expertise

Description

Dr Hamill's areas of research are mainly in property law, property theory, and legal history. In particular her expertise lies in how the law understands public property, and in Canadian legal history. Dr Hamill's research has included both theoretical and doctrinal analyses, as well as using sociolegal approaches to law. Her research in legal history has included a large, mostly archival research project, as well as utilising an approach known as legal archaeology to explore a single case. Dr Hamill has published widely in both property law and legal history. Additionally, her published work has considered how property law intersects with civil liberties (such as freedoms of expression and religion, as well as, equality rights) and housing.

Keywords

Legal History; Property; Property Law; PROPERTY RIGHTS; Property Theory

Recognition

Awards and Honours

Eleanor Luxton Historical Foundation Graduate Fellowship 2012-2013

University of Alberta Foote Graduate Award 2011-2012

The Honourable N.D. McDermid Graduate Scholarship in Law 2009-2012

Alberta Law Foundation Ph.D Scholarship 2009-2011

University of Alberta, Faculty of Law Graduate Scholarship 2009-2010

Memberships

Society of Legal Scholars 2017

Canadian Law and Society Association 2010 – 2018

Socio-Legal Studies Association 2019