Toby S. Goldbach

Assistant Professor

BA, McGill University; JD, LLM (ADR) Osgoode Hall Law School; LLM, JSD Cornell Law School

Tel: 604-827-1891
Office: Allard Hall, room 463


Toby S. Goldbach holds a BA in Political Science from McGill University, a JD and an LLM specializing in Alternative Dispute Resolution from Osgoode Hall Law School, and an LLM and JSD from Cornell Law School. Prior to joining the faculty at the Allard School of Law, she held a two-year teaching fellowship at Cornell Law School where she taught legal writing and a seminar on judicial functions. She earned her doctorate at Cornell Law School, where she was a Rudolf B. Schlesinger Research Fellow, a Visiting Scholar at the Cegla Center for Interdisciplinary Research of the Law at Tel Aviv University Buchmann Faculty of Law, and held grants from the Institute for Comparative Modernities and the Berger Center for Comparative & International Law.

Her research on legal procedure and dispute resolution is informed by her work experiences, serving as law clerk to Commercial List judges and Senior Law Clerk to Chief Justice Patrick LeSage at the Superior Court of Justice (Ontario); as lawyer at the Ministry of the Attorney General (Ontario) Civil Justice Policy and Reform branch; and as investigator and Complaints Coordinator at the College of Nurses of Ontario, where she was part of a team that designed a new Resolution Program to resolve complaints against nursing practice.

Dr. Goldbach’s research sits at the intersection of comparative law, international relations, and anthropology of law, focusing on the transnational movement of norms related to court procedure and dispute resolution. Her interest in anthropology of law has lead her to examine the practices of law reform and legal change, particularly judges’ non-casework in court administration and procedural reform, the use of courthouse architecture to reflect legal norms, and the intermingling of adversarial and non-adversarial (“alternative”) mechanisms for dispute resolution.

Her research has been informed by attendance at the World Bank’s Law, Justice and Development Week; meetings of the International Organization for Judicial Training; the opening ceremonies for the Aboriginal Conference Settlement Suites and consolidated courthouse in Thunder Bay, Ontario; and offices of the Supreme Court of Israel. Her submission on Legal Instrumentalism received honorable mention for the Law and Society Association’s 2nd Half Century Junior Scholars Essay Competition. In addition, she was selected to present on Legal Transplants at the International Studies Association Catalytic Workshop: “What Makes Legal Norms Distinctive.” Her research has been published in the Indiana Journal for Global Legal Studies, Transnational Law & Contemporary Problems and most recently her article on Israeli judges’ work in international judicial education was published in the Cornell International Law Journal.

Dr. Goldbach’s current research examines the influence of judicial education institutes on the dissemination of norms related to commercial courts and court-connected mediation.

Academic Publications

  • “Legal Transplants” 15 Annual Review of Law and Social Science (forthcoming)
  • “From the Court to the Classroom: Judges’ Work in International Judicial Education and Training,” 49 Cornell International Law Journal 617 (2016)
  • “Instrumentalizing the Expressive: Transplanting Sentencing Circles into the Canadian Criminal Trial,” 25 Transnational Law & Contemporary Problems 61 (2015)
  • “The Movement of U.S. Criminal and Administrative Law: Processes of Transplanting and Translating,” 20 Indiana Journal of Global Legal Studies 141 (2013) (with Peter J. Katzenstein and Benjamin Brake)
  • “Juries, Lay Judges and Trials,” in Encyclopedia of Criminology and Criminal Justice (Gerben Bruinsma & David Weisburd eds., 2013) (with Valerie Hans).
  • Book Review, 41 Int’l J. Legal Information 222 (2013) (Reviewing Mads Andenæs and Camilla B. Andersen, Theory and Practice of Harmonisation).
  • “Cultural Conflict Obscured? The Alternative of Sentencing Circles, Clashing Worldviews, and the Case of Christopher Pauchay,” 10 Illumine 53 (2011)

View Professor Goldbach’s research available on SSRN

Publications listed on the Law Library Faculty Research Publications Database