Ms Lucinda Ferguson

Ms Lucinda Ferguson
Tutorial Fellow in Law
Ms
Lucinda
Ferguson
MA, BCL, PGDipLATHE (Oxon); LLM (Queen's, Canada); SFHEA
Phone
+44 (0)1865 276529

Associate Professor of Family Law, University of Oxford; Tutorial Fellow in Law, Oriel College. 

Since 2011, I have been the Senior Law Tutor in College.  Outside of the University, I am an Associate Member of 1 King's Bench Walk.   

I pursued my first two law degrees at Oxford (including a year studying at the University of Konstanz in Germany), before undertaking further graduate studies at Queen's University in Canada.  In the course of my graduate studies, I was a recipient of the Canadian Rhodes Scholars' Foundation Scholarship, the Commonwealth Scholarship, and AHRC graduate funding in addition to competitive internal awards.  From 2005 to 2007, I was an Assistant Professor of Law at the University of Alberta in Canada.

TEACHING

Family Law (BA special option); Children, Families, and the State (BCL option); Tort Law (BA core subject).

I am a Senior Fellow of the Higher Education Academy.  In 2015, I was awarded a Distinction on the Post-Graduate Diploma in Teaching and Learning in Higher Education

In 2016, I was a finalist for Oxford University Press' national Law Teacher of the Year award.  I have received multiple university teaching awards:  In 2015, I was awarded a Teaching Excellence Award from the University; in 2011-12, I was awarded the Oxford University Student Union Teaching Award for the Most Acclaimed Lecturer in the Social Sciences Division.

I am the Senior Member for the Children's and Family Law Discussion Group

As part of the undergraduate Family Law course, I lecture on financial provision upon relationship breakdown, children's rights, child protection, and parenthood and parental responsibility.  My postgraduate teaching centres on the legal regulation of children (children's rights theory, international children's rights, welfare and wellbeing, and children and poverty).

If you are interested in pursuing Family Law at the graduate level, either as the subject-matter of a BCL dissertation, or for the MPhil, MLitt, or DPhil, I would be happy to discuss potential topics broadly within the fields of Family Law, Children's Law, or Education Law. 

If you are considering applying to Oriel for undergraduate studies in Law, please consider coming along to one of our Open Days, where I would be happy to answer any questions.

RESEARCH

My research is centred on family law, children's law, and education law.  Copies of my recent publications and presentations are available here.

Associated courses
Research interests

My research interests concentrate on family law theory, particularly: children's rights and interests in domestic, European, and international law; aspects of private ordering and financial provision upon relationship breakdown; and education law, especially exclusion from school. Whilst my perspective is theoretical, my work is also deeply practical and concerned with how we might draw on the underlying theoretical arguments to improve outcomes for children and families regulated by law.

In the past, I have worked with the Law Commission of Canada, advised Canadian provincial governments, and acted as an expert witness in international children's law litigation, as well as been cited by the Supreme Court of Canada. I have received various research funding awards and prizes, including the Canadian Legal Dimensions Initiative and a $10,000 BLG research grant. I am regularly asked to speak at international conferences on a wide range of matters pertaining to English and Canadian Family Law.

Selected publications

Recent publications, which I am not prevented from publishing in a repository due to publishers' terms and conditions, can be found on my SSRN page, here:  http://ssrn.com/author=536425.

Journal articles:

Lucinda Ferguson, '"Families in all their Subversive Variety": Over-Representation, the Ethnic Child Protection Penalty, and Responding to Diversity whilst Protecting Children' (2014) 63 Studies in Law, Politics, and Society 43-87.

‘Not Merely Rights for Children but Children’s Rights: The Theory Gap and the Assumption of the Importance of Children’s Rights’ (2013) 21 International Journal of Children’s Rights 177-208.

'Arbitration in Financial Dispute Resolution: The Final Step to Reconstructing the Default(s) and Exception(s)?' (2012) 35 Journal of Social Welfare and Family Law 115-138.

Mavis Maclean and others, ‘Family Justice in Hard Times: Can We Learn from Other Jurisdictions?’ (2011) 33 Journal of Social Welfare and Family Law 319.

Lucinda Ferguson, ‘Family, Social Inequalities, and the Persuasive Force of Interpersonal Obligation’ (2008) 22 Int. J. Fam. L. & Pol’y 61.

‘Uncertainty and Indecision in the Legal Regulation of Children: The Albertan Experience’ (2007) 23 Can. J. Fam. L. 159-214.

‘Trial by Proxy: How s.15 Removes Age from Adolescence’ (2005) 4 J.L. & Equality 84.

‘The Unexpected Impact of White v. White (2000) – Taking Equality Too Far?’ (2002) 32 Family Law 108.

Chapters in edited collections:

Lucinda Ferguson, 'The Jurisprudence of Making Decisions Affecting Children: An Argument to Prefer Duty to Children's Rights and Welfare' in Alison Diduck, Noam Peleg, and Helen Reece, eds, Law and Michael Freeman (Brill: Netherlands, 2014).

Nicholas Bala, Martha Shaffer, Lucinda Ferguson, “Family Law for the Older Canadian” in Ann Soden, ed., Advising the Older Client (Toronto, Ont.: Butterworths, 2005).

Case Comments:

Lucinda Ferguson, Case Comment on Wyatt v Vince [2015] UKSC 14: 'The reality of individualised justice: Financial orders, forensic delay, and access to justice' (2015) 27: 2 Child and Family Law Quarterly 195-208.

Case Comment on S v S [2014] EWHC 7 (Fam): 'Arbitral Awards: A Magnetic Factor of Determinative Importance, Yet Not To Be Rubber-Stamped' (2015) 35 Journal of Social Welfare and Family Law 99-101.

‘Retroactivity, Social Obligation and Child Support’ (2006) 43 U. Alta. L. Rev. 1049-56.

Research Papers:

Lucinda Ferguson and Naomi Webber, School Exclusion and the Law: A Literature Review and Scoping Survey of Practice (Oxford: University of Oxford, 2015).

Eleni Stamou, Anne Edwards, Harry Daniels, and Lucinda Ferguson, Young People At Risk of Drop-Out from Education: Recognising and Responding to Their Needs (Oxford: University of Oxford, 2014).

Lucinda Ferguson, The End of an Age: Beyond Age-Based Legal Regulation of Minors’ Entitlement to Participate in and Make Health Care Treatment Decisions (Ottawa, Ont.: Law Commission of Canada, 2005) (commissioned by the LCC).