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Women's Civil and Political Rights in Canada 2005: Submission of The Canadian Feminist Alliance for International Action to the United Nations Human Rights Committee on the Occasion of its Review of Canada's 5th Report on Compliance with the International Covenant on Civil and Political Rights
Shelagh Day, Margot Young, Lisa Phillips, and Feminist Alliance for International Action (FAFIA)
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The Corporation: The Pathological Pursuit of Profit and Power
Joel Bakan
As incisive as Eric Schlosser's bestselling Fast Food Nation, as rigorous as Joseph E. Stiglitz's Globalization and Its Discontents, and as scathing as Michael Moore's Stupid White Men, Joel Bakan's new book is a brilliantly argued account of the corporation's pathological pursuit of profit and power. An eminent law professor and legal theorist, Bakan contends that the corporation is created by law to function much like a psychopathic personality whose destructive behavior, if left unchecked, leads to scandal and ruin.
In the most revolutionary assessment of the corporation as a legal and economic institution since Peter Drucker's early works, Bakan backs his premise with the following claims:
• The corporation's legally defined mandate is to pursue relentlessly and without exception its own economic self-interest, regardless of the harmful consequences it might cause to others—a concept endorsed by no less a luminary than the Nobel Prize-winning economist Milton Friedman. • The corporation's unbridled self-interest victimizes individuals, society, and, when it goes awry, even shareholders and can cause corporations to self-destruct, as recent Wall Street scandals reveal. • While corporate social responsibility in some instances does much good, it is often merely a token gesture, serving to mask the corporation's true character. • Governments have abdicated much of their control over the corporation, despite its flawed character, by freeing it from legal constraints through deregulation and by granting it ever greater authority over society through privatization.
Despite the structural failings found in the corporation, Bakan believes change is possible and outlines a far-reaching program of concrete, pragmatic, and realistic reforms through legal regulation and democratic control.
Backed by extensive research, The Corporation draws on in-depth interviews with such wide-ranging figures as CEO Hank McKinnell of Pfizer, Nobel Prize-winner Milton Friedman, business guru Peter Drucker, and critic Noam Chomsky of MIT.
[From Corporation by Joel Bakan | Penguin Random House Canada]
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CCTV and Policing: Public Area Surveillance and Police Practices in Britain
Benjamin J. Goold
This book is the first major published work to present a comprehensive assessment of the impact of CCTV on the police in Britain. Drawing extensively upon empirical research, the volume examines how the police in Britain first became involved in public area surveillance, and how they have since attempted to use CCTV technology to prevent, respond to, and investigate crime. In addition, the volume also provides a detailed analysis of the legality of CCTV surveillance in light of recent changes to the Data Protection Act and the incorporation of the European Convention on Human Rights. Challenging many existing accounts of the relationship between the police and new surveillance technologies, the book breaks new ground in policing and surveillance theory, and argues that it is time for a major reassessment of both our understanding of how the police respond to technological change, and of the role played by such technologies in our society.
[From https://doi.org/10.1093/acprof:oso/9780199265145.001.0001]
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Contrasting Prisoners' Rights: A Comparative Examination of England and Germany
Liora Lazarus
This volume aims to provoke reflection on the English conception and treatment of prisoners' rights, through juxtaposition with the conception of prisoners' rights in Germany. First, the German and English understandings of prisoners' legal status are examined; secondly these understandings are placed against the background of broader social, political, and legal factors; and thirdly, the methodological problems of comparative law are addressed. English and German approaches to prisoners' rights present illuminating contrasts. In England, despite significant judicial activity in the development of a jurisprudence of prisoners' rights, protection of prisoners' rights remains partial and equivocal. Many aspects of prison life are left within the realm of executive discretion. This equivocal commitment to rights in England is juxtaposed with Germany's highly articulated rights culture and its ambitious system of prisoners' rights protection under the Prison Act 1976. The German Prison Act sets out foundational principles of prison administration, affords prisoners positive rights, defines the limitations of prisoners' constitutional rights, and provides prisoners with recourse to a Prison Court. Moreover, these rights and principles have been developed and refined in a substantial body of prison law jurisprudence over the last thirty years.
[From Contrasting Prisoners' Rights: A Comparative Examination of England and Germany | Oxford Academic]
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Holding the Line: Borders in a Global World
Heather N. Nicol and Ian Townsend-Gault
This volume contains contributions from twenty-four scholarsconcerning the significance and implications of the world’sborderlands in economic, political, and socio-cultural contexts.Together these essays explore the changing role of borders in a globalworld. Are borders increasingly irrelevant under conditions ofglobalization, or can a case be made to demonstrate their continuingimportance at various levels of spatial activity?
Situating itself within a growing border literature, Holding theLine argues that contemporary borders facilitate parallelprocesses of globalization and localization of political activity. Assuch, the essays adopt a holistic approach to understanding the impactof boundaries on both society and space. They demonstrate that anyattempt to create a methodological and conceptual framework for theunderstanding of boundaries must be concerned with the process ofbounding, rather than simply the means through which the physical linesof separation are delimited and demarcated. This approach renders thenotion of a "borderless world" highly problematic, becausethe latter ignores the important and ongoing relationship between thefunctional role of borders in the bounding process, and the symbolicrole of borders as imagined social, political, and economicconstructions embedded within a geographical text.
The changing characteristics of political boundaries during an eraof globalization has become a great focus of interdisciplinary study,and this book will appeal to scholars of political geography, borderstudies, and international relations.
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The Third World and International Order: Law, Politics and Globalization
Antony Anghie, Bhupinder Chimni, Karin Mickelson, and Obiora C Okafor
This collection of essays explores different dimensions of the relationship between the third world and international law. The topics covered include third world approaches to international law, non-state actors and developing countries, feminism and the third world, foreign investment, resistance and international law, and territorial disputes and native peoples. It is a further contribution to the work done by scholars intent on elaborating what might be termed Third World Approaches to International Law (TWAIL). This initiative seeks to continue and further develop the important work that has been done over many decades, particularly by scholars and jurists from the third world, to construct an international law which is sensitive to the needs of third world peoples. This body of scholarship has attempted to extend and expand the concerns and materials of international law. The essays in this volume are animated by these same motives at a time when unprecedented issues confront third world peoples, particularly since the contemporary international system appears to be disempowering third world peoples, intensifying inequality between the North and the South, and indeed, importantly, within the North and the South.
TWAIL scholars attempt to look afresh at the history of colonial international law, engage previous trends in third world scholarship in international law, take cognizance of the dramatic changes which have characterized the body of international law in the last few decades from the perspective of third world peoples, record their resistance to unjust and oppressive international laws, and advance new approaches that address their needs and concerns. These are the broad themes and concerns which animate this collection of essays. -
Canadian Constitutional Law, 3rd ed.
Joel Bakan, Patrick Macklem, John Borrows, Richard Moon, Sujit Choudhry, R.C.B. Risk, Robin Elliot, Kent Roach, Jean-François Gaudreault-DesBiens, Carol Rogerson, Donna Greschner, Bruce Ryder, Patricia Hughes, David Schneiderman, Jean Leclair, and Lorraine Weinrib
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British Columbia Moves Backwards on Women's Equality: Submission of the B.C. 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 5th Report
B.C. CEDAW Group, Shelagh Day, Margot Young, Patricia Cochran, Kelly MacDonald, and Sharon McIvor
British Columbia Moves Backwards on Women’s Equality, prepared by the Poverty and Human Rights Project for 12 women’s and anti-poverty organizations in British Columbia, submitted to the United Nations Committee on the Elimination of Discrimination against Women on the occasion of the review of Canada’s 5th report on its compliance with the Convention on the Elimination of All Forms of Discrimination against Women.
[From https://povertyandhumanrights.org/2003/01/b-c-cedaw-report-british-columbia-moves-backwards-on-women%EF%BF%BDs-equality-prepared-by-the-poverty-and-human-rights-project-for-12-womens-and-anti-poverty-organizations-in-british-columbia-ja/amp/]
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Jurisprudence for an Interconnected Globe
Catherine Dauvergne
This title was first published in 2003.This book explores the interaction of globalization and the development of law. The framework of the book is established by William Twining, who asks how legal concepts can be generalised within a variety of legal orders. This theme is taken up by a group of leading Australian scholars, who produce essays on international economic law, including financial regulation and human rights, and citizenship, migration and crime, under the headings Globalization and the Laws of Money, Globalization and the Laws of People, Globalization, Cultures and Comparisons. This collection marks an important step towards the construction of a jurisprudence for a connected, but still culturally diverse, globe.
[From Jurisprudence for an Interconnected Globe - 1st Edition - Catherine Da]
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Canada's Failure To Act: Women's Inequality Deepens: Submission of the Canadian Feminist Alliance for International Action to the United Nations Committee on the Elimination of Discrimination Against Women on the Occasion of the Committee's Review of Canada's 5th Report
Feminist Alliance for International Action (FAFIA), Shelagh Day, Margot Young, Michelle Booker, and Karey Brooks
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From Leninist Discipline to Socialist Legalism: Peng Zhen on Law and Political Authority in the PRC
Pitman B. Potter
This is the first full-length study in English of Peng Zhen (1902-97), a revolutionary comrade of Mao Zedong and Deng Xiaoping, and an influential legal policymaker in China during both men’s regimes. As one of the chief architects of PRC law and legal institutions during the 1950s and again in the 1980s, Peng left an indelible mark on the present legal system of China.
This book analyzes the evolution of Peng’s legal views from his days as a revolutionary in the 1930s and 1940s, through his participation in Communist rule during the 1950s, to his conflicts with Mao and his purge in 1966, and finally to his rehabilitation and resumption of legal reform activities in the 1980s and 1990s. Initially, Peng embraced Leninist notions of law and political authority. These ideas gradually evolved so that in the 1980s Peng advocated increased reliance on formal rules and procedures as mechanisms of governance.
[From From Leninist Discipline to Socialist Legalism | Stanford University Press]
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Lawyers and Vampires: Cultural Histories of Legal Professions
W. Wesley Pue and David Sugarman
This is the first book that directly addresses the cultural history of the legal profession. An international team of scholars canvasses wide-ranging issues concerning the culture of the legal profession and the wider cultural significance of lawyers,including consideration of the relation to cultural processes of state formation and colonisation. The essays describe and analyse significant aspects of the cultural history of the legal profession in England, Canada, Australia, France, Germany, Italy, Sweden, Switzerland, Norway and Finland. The book seeks to understand the complex ways in which lawyers were imaginatively and institutionally constructed, and their larger cultural significance. It illustrates both the diversity and the potential of a cultural approach to lawyers in history.
[From Lawyers and Vampires: Cultural Histories of Legal Professions: W. W. Pue: Hart Publishing]
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Private International Law in Common Law Canada: Cases, Text and Materials
Nicholas Rafferty, Marvin Baer, Joost Blom, Elizabeth Edinger, Geneviève Saumier, and Catherine Walsh
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Corporate Governance in Global Capital Markets
Janis P. Sarra
The recent failures of Enron, WorldCom, and other large publiclytraded corporations have catapulted the issue of corporate governanceonto the international stage. In this timely book, Janis Sarra drawstogether the work of legal scholars and practitioners from across NorthAmerica to provide a comprehensive analysis of corporate governanceissues in global capital markets.
The contributors to this collection explore the theoreticalunderpinnings of corporate governance and provide concrete illustrationof different models and their outcomes. While the perspectives of theauthors sometimes differ, their common project is to explore differentnormative conceptions of the corporation in order to contribute to ananalysis of global trends in corporate governance. The book measuresdiverse theoretical perspectives against the reality of corporateoperations in current capital markets, exploring the norms that informshifts in governance practice and the influence of regulatory regimeson governance change. Relationships both within and outside the firmare explored, including issues of accountability, ethics in decisionmaking, and notions of efficiency in generation of corporatewealth.
Legal scholars and practitioners with an interest in corporations,insolvency, and securities, as well as corporate directors will welcomethis addition to their libraries.
[From UBC Press | Corporate Governance in Global Capital Markets, Edited by Janis Sarra]
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Creditor Rights and the Public Interest: Restructuring Insolvent Corporations
Janis P. Sarra
Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies’ Creditors’ Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States.
Sarra draws on a comprehensive body of academic literature that covers a broad range of issues—insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials.
Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.
Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders.
[From Creditor Rights and the Public Interest - University of Toronto Press]
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