Dr. Marcus Moore

D.Phil., Oxford University

B.C.L. with Honours, McGill University (Gold Medalist).

LL.B with Honours, McGill University (Gold Medalist).

A.B., Harvard University (Mathematics).

Law Clerk to Chief Justice Beverley McLachlin P.C., Supreme Court of Canada.

Member of the Bar, Law Society of Upper Canada.

Graduate Tutor, University of Oxford.

Convenor, Regulation Discussion Group, University of Oxford.

Drafted by Pittsburgh Penguins NHL (retired due to disability).

Research Interests

• Law of Obligations (especially Contracts)
• Socio-Economic Regulation (especially Standard Form Contracts, Consumer Protection)
• Regulatory Theory and Design / Governance / New Governance
• Law & Society / Socio-Legal Studies / Law in Social Context
• Sports Law, Governance & Regulation (especially Injury Prevention)
• Law Reform
• Public Law, Administration and Governance
• Tech Regulation (especially Neuroscience)
• Jurisprudence & Critical Perspectives (especially Critical Disability Theory)

Graduate Supervision

Professor Moore welcomes graduate supervision requests in his areas of research interest, listed above. Please note that you must be accepted into the graduate program before professors can accept supervision requests. To apply, please click here. For questions or information about our graduate program, please click here.

Service

• Project Leader, Allard Disability Project
• Member, Equity Committee

• Contracts
• Jurisprudence & Critical Perspectives
• Sports Law
• Law of Contract (Oxford)
• Tort Law (Oxford)

• M Moore, Regulating Boilerplate: Resolving the Issues of Imposition and Unfairness in Standard Form Contracts (Bloomsbury, forthcoming 2024).
• M Moore, "Framing Effects, Rhetorical Devices, and High-Stakes Litigation: A Cautionary Tale" (2023) 56:1 UBC Law Review 219-284.
• M Moore, "When Is It Fair to Break Promises? Illuminating Promissory Estoppel's Inequity Requirement" (2023) 1:3 Contract & Comm L Rev 161-195.
• M Moore, "Developments in Contract Law: The Enduring Allure of Freedom of Contract" (2023) 111 SCLR (2d) 3-53.
• M Moore, "Regulating the Concussion Crisis in Sports: Canada’s Initiative to Bring Prevention into Focus" (forthcoming 2023) International Sports Law Journal.
• M Moore "The Future of Unfair Terms Regulation in Commercial Contracts" in Andenas M and Heidemann M (eds), (forthcoming 2023) Issues in Commercial Contract: From Unfair Terms to Dispute Settlement Agreements (Springer, LCF Studies in Commercial and Financial Law Series, Vol 4).
• M Moore, "Minimal Impairment: An Unreasonable Measure of the Justifiable Limits of Rights" in Ross D and Bird B (eds), The Constitutional Anchor: Essays on Section 1 of the Charter (LexisNexis, 2023).
• M Moore, "The Canadian Law of Obligations III: The Power and Limits of Private Law, Introduction to Volume I", in Moore M and Beswick S (eds) (2023) 109 Supreme Court Law Review (2d) xxiii-xxxiii. With Samuel Beswick.
• M Moore (ed), The Canadian Law of Obligations III: The Power and Limits of Private Law, Volume I (2023). With Samuel Beswick.
• M Moore, “Controlling Fairness in Standard Form Contracts: What Can Courts Do, and What Should They Do?” (2022) 55:2 UBC L Rev 547.
• M Moore, "The Flaws of Magic Bullet Theory: Retraining Unconscionability to Discretely Target Different Contexts of Unfairness in Contracts" (2022) 45:2 Dal LJ 551.
• M Moore, "Developments in Contract Law: Appeals to Fairness" (2022) 106 SCLR (2d) 3.
• M Moore, "Demystifying Implied Terms" (2022) 33:3 King's Law Journal 455.
• M Moore, “The Doctrine of Contractual Absolution” (2022) 59:4 Alberta Law Review 871.
• M Moore, “Concussion Safety Law Should be Enacted in all Canadian Provinces and Territories” (2022) Canadian Journal of Neurological Sciences. With Charles Tator.
• M Moore, 'The HMCS Unconscionability: Adrift in the Atlantic' (2021) 21:2 Oxford University Commonwealth Law Journal 336.
• M Moore, 'Freedom of Thought at the Ethical Frontier of Law and Science' (2021) Ethics & Behavior.
• M Moore, 'Justice as Harmony' (2019) 87 Supreme Court Law Review 3.
• M Moore, "Introduction" in Moore M & Jutras D (eds), Canada's Chief Justice: Beverley McLachlin's Legacy of Law and Leadership (LexisNexis 2019).
• M Moore (ed), Canada's Chief Justice: Beverley McLachlin's Legacy of Law and Leadership (LexisNexis 2019). With Daniel Jutras.
• M Moore, 'Shifting the Balance of the Oakes Test from Minimal Impairment to Proportionality of Effects' (2018) 82 Supreme Court Law Review 143.
• M Moore, 'The Past, Present and Future of Law Reform in Canada' (2018) 6 The Theory and Practice of Legislation 225.
• M Moore, 'Why Does Lord Denning's Lead Balloon Intrigue Us Still? The Prospects of Finding a Unifying Principle for Duress, Undue Influence and Unconscionability' (2018) 134 Law Quarterly Review 257.
• M Moore, 'Elements and Implications of the Supreme Court’s New Rigorous Approach to Construction of Statutory Purpose' (2017) 77 Supreme Court Law Review 223.
• M Moore, Saving the game: Pro Hockey's Quest to Raise Its Game from Crisis to New Heights (Toronto McClelland & Stewart, 2006).

Publications listed on the Law Library Faculty Research Publications Database.