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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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Justice Behind the Walls: Human Rights in Canadian Prisons
Michael Jackson
In 1777, John Howard, the pre-eminent prison reformer of his generation, published The State of the Prisons in England and Wales, an indictment of the cruelty of prison life and a blueprint for radical change. Over two centuries later, Michael Jackson, Queen's Counsel, law professor and human rights advocate, gives us Justice behind the Walls, a compelling, compassionate and at times harrowing account of the state of justice in Canadian prisons. Weaving together the threads of correctional history, penal philosophy, landmark court decisions, the Charter of Rights and Freedoms and legislative change, Justice behind the Walls describes the reality of reform against the backdrop of Jackson's years of observing disciplinary hearings and segregation review boards in federal penitentiaries and draws on hundreds of hours of interviews with prisoners, wardens and correctional staff. Conceived as both a personal and public journey in search of justice, this book is an unprecedented endeavor to chart the DNA of contemporary imprisonment. At a time when the issue of human rights in prison, never high on the horizon of public concern, is dangerously close to being eclipsed by rising fear about public safety, Justice behind the Walls takes us beyond the stereotypes of the keeper and the kept. In doing so, it holds up a mirror that reflects how far we have come in recognized and respecting human rights in places where those rights are most vulnerable. Jackson's book brings to the agenda of public and legal debate a remedial toolbox that has the potential to enhance Canada's claim as an international model for a just society. Written in a language that appeals to our common humanity, it brings many lifetimes of experience to the struggle for justice. Justice behind the Walls was shortlisted for the 2002 Donner Prize for the best book on Canadian Public Policy. The Donner Prize Jury described Justice behind the Walls as "passionate, detailed and written by a highly knowledgeable and committed expert…both mind-enriching and soul-expanding".
[From http://www.justicebehindthewalls.net/02_publication_00_01.html]
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Director and Officer Liability in Corporate Insolvency: A Comprehensive Guide to Rights and Obligations
Janis P. Sarra and Ronald B. Davis
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The Chinese Legal System: Globalization and Local Legal Culture
Pitman B. Potter
The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.
[From The Chinese Legal System: Globalization and Local Legal Culture - 1st]
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Academic Freedom and the Inclusive University
Sharon E. Kahn and Dennis Pavlich
Battles over human rights, curriculum issues and hiring and promotion practices reveal to what extent efforts to integrate ideas of academic freedom and the inclusive university have engendered strife and debate on Canadian campuses. For some, the concept of academic freedom has become its own myth – an icon to be revered, an article of faith, an essentialist doctrine with roots firmly planted in tradition. For others, the concept of an inclusive university – a university reflecting the burgeoning diversity of cultures and ideologies in Canadian society – demands realization through the transformation of university structures and practices.
The four parts of Academic Freedom and the Inclusive University explore this conflict. In Clarifying Concepts in Language, Law, and Ideology, contributors examine the terms of reference and clarify the differences between Canadian and American viewpoints. The Changing Culture looks at the conflict between academic freedom and the inclusive university from theoretical, historical, and personal perspectives. The chapters in Academic Freedom in Peril contend that inclusion as a policy within the university has destroyed the consensus necessary for academic life, while the essays in Theoretical and Practical Challenges to the Inclusive University focus on the problems that arise when universities promote a policy of inclusion.
Although no final conclusions are drawn in this thought-provoking book, it provides insight into the relationship between academic freedom and the inclusive university. Lively, impassioned and informed, these essays will appeal to general readers, academics, and students alike.
[From https://www.ubcpress.ca/academic-freedom-and-the-inclusive-university]
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International Law Chiefly as Interpreted and Applied in Canada, 6th ed.
Hugh M. Kindred, Karin Mickelson, Ted L. McDorman, René Provost, Armand L.C. deMestral, Linda C. Reif, and Sharon A. Williams
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Transforming Cultural Conflict in an Age of Complexity
Michelle Lebaron
Focuses on three distinct ways in which culture affects conflicts: culture as a lens that facilitates or blocks effective communication; culture and world view differences as the subject of conflicts; conflicts related to identity and recognition as facets of cultural differences. The author discusses challenges and concrete recommendations for process design in culturally-complex conflicts.
[From Transforming Cultural Conflict in an Age of Complexity - Berghof Foundation]
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Pepper in Our Eyes: The APEC Affair
W. Wesley Pue
In November 1997, the world media converged on Vancouver to cover the Asia-Pacific Economic Cooperation summit. The major news story that emerged, however, had little to do with the crisis unfolding in the Asian economies. At the UBC campus, where the APEC leaders’ meeting was held, a predictable student protest met with an unusually strong police response. A crowd of students was pepper-sprayed, along with a CBC cameraman. The dramatic video footage of the incident that appeared on the evening news shocked Canadians. The use of noxious chemicals to attack non-violent protesters somehow seemed un-Canadian. It looked more like something that police and soldiers in less democratic countries would do.
Other news stories developed. Two dozen law professors wrote to Prime Minister Chrétien to report that a number of serious constitutional violations that had taken place on campus. One protester, held for fourteen hours for displaying a sign saying “Free Speech,” initiated legal proceedings. Other lawsuits followed. The RCMP and the government of Canada were named as defendants, and a public inquiry was launched. A central issue was whether the Prime Minister’s officials gave orders of a political nature to the police that resulted in law-abiding citizens being assaulted and arrested.
But why all the fuss? So what if the Prime Minister gave orders to the police? The contributors to Pepper in Our Eyes maintain that the “so what” question is of vital importance. The events at APEC raised serious questions about constitutional principle, the role of police in a democratic society, public accountability, and the effects of globalization on rights and politics. The contributors, experts in a variety of fields, draw upon their knowledge to explain – in plain English – the background issues and the values at stake. Some of the authors, such as Gerald Morin, chair of the first RCMP Public Complaints Commission, and CBC journalist Terry Milewski, had a direct connection with the APEC affair.
By getting at the fundamental issues behind the APEC affair, Pepper in Our Eyes seeks to raise our civic consciousness. It shows that there was much more at stake that day than the questionable use of pepper spray.
[From UBC Press | Pepper in Our Eyes - The APEC Affair, Edited by W. Wesley Pue]
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