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  • The Social Contract Revisited: Tax Fairness and the Tax Mix by David G. Duff

    The Social Contract Revisited: Tax Fairness and the Tax Mix

    David G. Duff

    This brief considers the concept of tax justice or fairness in relation to each of these broad goals: the collection of revenues to finance public expenditures, the regulation of social and economic behaviour, and the distribution of economic resources. With respect to the collection of revenue for public expenditures, it argues that traditional principles of taxation according to benefits received and ability to pay provide useful criteria to assess the justice or fairness of taxes for this purpose. Regarding the regulation of social and economic behaviour, principles of tax fairness necessarily assume a different character, related to the justice of the regulatory goal, the presence of a rational relationship between the tax or tax incentive and the regulatory goal, and the distributional effects produced by the tax or incentive. Finally, it contends, where a tax is designed to affect the distribution of economic resources, principles of tax fairness dissolve into broader considerations of distributive justice which determine the manner in which economic resources are fairly distributed and the respective roles of taxes and transfer payments to achieve this distributive goal. Together, the brief concludes, these principles support a mix of taxes, including benefit taxes and user fees, a broad-based consumption tax like a value-added tax, excise taxes on specific goods and services, as well as progressive income and wealth transfer taxes.

    [From Tax fairness and the tax mix - ORA - Oxford University Research Archive]

  • Indian Reserves Allotted for Fishing Purposes in British Columbia, 1849-1925 by Douglas C. Harris

    Indian Reserves Allotted for Fishing Purposes in British Columbia, 1849-1925

    Douglas C. Harris

  • The 2009 Annotated Bankruptcy and Insolvency Act by Lloyd W. Houlden, Geoffrey B. Morawetz, and Janis P. Sarra

    The 2009 Annotated Bankruptcy and Insolvency Act

    Lloyd W. Houlden, Geoffrey B. Morawetz, and Janis P. Sarra

  • Corporate Social and Environmental Disclosure in Emerging Securities Markets: China as a Case Study (JSD dissertation) by Li-Wen Lin

    Corporate Social and Environmental Disclosure in Emerging Securities Markets: China as a Case Study (JSD dissertation)

    Li-Wen Lin

  • Halsbury's Laws of Canada: Personal Property and Secured Transactions by Bruce MacDougall

    Halsbury's Laws of Canada: Personal Property and Secured Transactions

    Bruce MacDougall

  • A Guide to Business Law in Asia by Pitman B. Potter and Ljiljana Biuković

    A Guide to Business Law in Asia

    Pitman B. Potter and Ljiljana Biuković

  • Economic Rehabilitation: Understanding the Growth in Consumer Proposals by Janis P. Sarra

    Economic Rehabilitation: Understanding the Growth in Consumer Proposals

    Janis P. Sarra

    An Exploration of Fairness examines a concept that is simultaneously simple and extraordinarily complex: fairness. Simple in that we often intuitively understand situations to be fair or unfair. Complex, in that the notion of fairness is very much grounded in where we are situated, including race, gender, class, economic status, country, and life experience. There is considerable scholarship on the concept of fairness, but this volume is unique in the broad range of research disciplines that have come together to examine in depth what is meant by fairness, how it can be achieved, measured, and shared.

    From its application in law, economics, and business to how it can be interpreted in cognitive neuroscience, developmental psychology, and kinesiology, it integrates the visual and performing arts as essential features of fairness. Through this interdisciplinary lens, the ethical and normative dimensions of fairness are understood, drawing on its historical and philosophical origins and its role in citizenship and political obligation. Each discipline, each chapter, informs the others to deepen our understanding of fairness.

    [From An Exploration of Fairness: Interdisciplinary Inquiries in Law, Science and the Humanities | Thomson Reuters]

  • Employee and Pension Claims During Company Insolvency: A Comparative Study of 62 Jurisdictions by Janis P. Sarra

    Employee and Pension Claims During Company Insolvency: A Comparative Study of 62 Jurisdictions

    Janis P. Sarra

  • Proportionate Securities Regulation, The Potential for Scaled Treatment of Junior Issuers by Janis P. Sarra

    Proportionate Securities Regulation, The Potential for Scaled Treatment of Junior Issuers

    Janis P. Sarra

  • Inaction and Non-Compliance: British Columbia's Approach to Women's Inequality: Submission of the BC CEDAW Group to the United Nations Committee on the Elimination of Discrimination Against Women on the Occasion of the Committee's Review of Canada's 6th and 7th Reports by Aileen Smith, Margot Young, and Shelagh Day

    Inaction and Non-Compliance: British Columbia's Approach to Women's Inequality: Submission of the BC CEDAW Group to the United Nations Committee on the Elimination of Discrimination Against Women on the Occasion of the Committee's Review of Canada's 6th and 7th Reports

    Aileen Smith, Margot Young, and Shelagh Day

  • Business Organizations: Principles, Policies, and Practice - Robert Yalden, Janis Sarra, Paul D. Paton, Mark Gillen, Ronald Davis, & Mary Condon by Robert Yalden, Janis P. Sarra, Paul D. Paton, Mark Gillen, Ronald B. Davis, and Mary Condon

    Business Organizations: Principles, Policies, and Practice - Robert Yalden, Janis Sarra, Paul D. Paton, Mark Gillen, Ronald Davis, & Mary Condon

    Robert Yalden, Janis P. Sarra, Paul D. Paton, Mark Gillen, Ronald B. Davis, and Mary Condon

  • A Property Law Reader: Cases, Questions and Commentary, 2nd ed. by Bruce Ziff, Jeremy de Beer, Douglas C. Harris, and Margaret E. McCallum

    A Property Law Reader: Cases, Questions and Commentary, 2nd ed.

    Bruce Ziff, Jeremy de Beer, Douglas C. Harris, and Margaret E. McCallum

  • Reaction and Resistance: Feminism, Law, and Social Change by Dorothy E. Chunn, Susan B. Boyd, and Hester Hester Lessard

    Reaction and Resistance: Feminism, Law, and Social Change

    Dorothy E. Chunn, Susan B. Boyd, and Hester Hester Lessard

    The image of “backlash” is pervasive in contemporary debates about the impact of second-wave feminism on law and policy. But does it really explain the resistance to feminist initiatives for social change in contemporary culture?

    In this timely volume, contributors from various disciplines analyze reaction and resistance to feminism in several areas of law and policy – child custody, child poverty, sexual harassment, and sexual assault – and in a number of institutional sites, such as courts, legislatures, families, the mainstream media, and the academy. Collectively, their studies paint a more complicated, often contradictory, picture of feminism, law, and social change than the popular image of backlash suggests.

    Reaction and Resistance offers feminists and other activists empirically grounded knowledge that can be used to develop legal and political strategies for change.

    [From UBC Press | Reaction and Resistance - Feminism, Law, and Social Change, Edited by Dorothy E. Chunn, Susan Boyd and Hester Lessard]

  • Analysis of Factors Leading to Insolvency and Restructuring and Their Effects on Pension Plan Wind-ups and Closures by Ronald B. Davis

    Analysis of Factors Leading to Insolvency and Restructuring and Their Effects on Pension Plan Wind-ups and Closures

    Ronald B. Davis

  • Protecting the Pension Fund: Report on Research Project # 10 Commissioned by the Ontario Expert Commission on Pensions, October, 2007 by Ronald B. Davis

    Protecting the Pension Fund: Report on Research Project # 10 Commissioned by the Ontario Expert Commission on Pensions, October, 2007

    Ronald B. Davis

  • Tax Avoidance in Canada After Canada Trustco and Mathew by David G. Duff and Harry Erlichman

    Tax Avoidance in Canada After Canada Trustco and Mathew

    David G. Duff and Harry Erlichman

    In October 2005, the Supreme Court of Canada released its much-anticipated decisions in The Queen v. Canada Trustco Mortgage Co. and Mathew v. The Queen—the first cases in which the Court has specifically addressed the General Anti-Avoidance Rule (GAAR) in section 245 of the Canadian Income Tax Act. Since then, the Tax Court of Canada has released several decisions in which the GAAR has been considered and applied.

    The articles in this volume reflect on these decisions and the role of a general anti-avoidance rule more generally by reviewing the decisions themselves, considering other tax avoidance cases in Canada and other countries, and considering the structure and amendment of a GAAR as a matter of legislative policy. By addressing various aspects of tax avoidance jurisprudence as well as the design and amendment of the GAAR, the book makes a positive contribution toward the interpretation and application of this provision.

    Tax Avoidance in Canada after Canada Trustco and Mathew will appeal to legal theorists, economists, tax advisors, tax litigators, and judges.

    [From Tax Avoidance in Canada after Canada Trustco and Mathew - Irwin Law]

  • Public Protection, Proportionality, and the Search for Balance by Benjamin J. Goold

    Public Protection, Proportionality, and the Search for Balance

    Benjamin J. Goold

  • Security and Human Rights by Benjamin J. Goold and Liora Lazarus

    Security and Human Rights

    Benjamin J. Goold and Liora Lazarus

  • The 2008 Annotated Bankruptcy and Insolvency Act by Lloyd W. Houlden, Geoffrey B. Morawetz, and Janis P. Sarra

    The 2008 Annotated Bankruptcy and Insolvency Act

    Lloyd W. Houlden, Geoffrey B. Morawetz, and Janis P. Sarra

  • Introduction to Contracts by Bruce MacDougall

    Introduction to Contracts

    Bruce MacDougall

  • Thickening Totems and Thinning Imperialism by Johnny Mack

    Thickening Totems and Thinning Imperialism

    Johnny Mack

  • An Emerging International Criminal Law Tradition: Gaps in Applicable Law and Transnational Common Laws by Benjamin Perrin

    An Emerging International Criminal Law Tradition: Gaps in Applicable Law and Transnational Common Laws

    Benjamin Perrin

  • Ensuring Effective Implementation of Measures to Protect Victims and Creation of a Canadian Counter-Human Trafficking Office by Benjamin Perrin

    Ensuring Effective Implementation of Measures to Protect Victims and Creation of a Canadian Counter-Human Trafficking Office

    Benjamin Perrin

  • Faster, Higher, Stronger: Preventing Human Trafficking at the 2010 Olympics by Benjamin Perrin and The Future Group

    Faster, Higher, Stronger: Preventing Human Trafficking at the 2010 Olympics

    Benjamin Perrin and The Future Group

  • History in the Making: The Dalai Lama Dialogues in Vancouver 2004 by Pitman B. Potter

    History in the Making: The Dalai Lama Dialogues in Vancouver 2004

    Pitman B. Potter

 

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