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House Rules: Changing Families, Evolving Norms, and the Role of the Law
Erez Aloni and Régine Tremblay
The paradigm of family has shifted rapidly and dramatically, from nuclear unit to diverse constellations of intimacy. At the same time, some norms resist change, such as women’s continuing role as primary care providers despite their increased uptake of paid work. This tension between transformation and stasis in family arrangements has an impact on economic, emotional, and legal aspects of daily life.
House Rules critically explores the intertwining of norms and laws that govern familial relationships. The authors in this incisive collection engage with four countries – Canada, the United States, the United Kingdom, and Taiwan – and expose the ingrained and unsettled norms that affect families and the law’s role in regulating them. They reveal the assumptions that create inequality and animate legislation, evaluating the effects of laws and scrutinizing reforms.
Over recent decades, the law has struggled to adjust to transformations in what typifies the structures and practices of family life. House Rules provides tools to analyze those difficulties and, ultimately, to design laws to better respond to ongoing change and avoid entrenching inequalities.
Family law scholars, gender studies and feminist scholars, and sociologists of the family will all find this a valuable and informative work.
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The Forgotten Foundations of the Canadian Constitution
Brian Bird and Derek Ross
This collection seeks to excavate and explain a variety of foundational elements of the Canadian Constitution. Some of these elements reside in the text, some beneath it, and some only come into focus when the written and unwritten portions of the Constitution speak to each other.
[From Forgotten Foundations of the Canadian Constitution | LexisNexis Canada]
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The Administrative Foundations of the Chinese Fiscal State
Wei Cui
On subjects ranging from trade to democratization, there has lately been a wave of laments about China's development belying Western expectations. Yet these disappointments often come with misunderstandings of the very institutions that China was expected to adopt. Chinese taxation offers a sharp illustration. When China introduced a tax system suited for the market economy, it fully intended tax collection to rely on self-assessment, audits, and the rule of law. But this Western approach was quickly jettisoned in favour of one that emphasized monitoring of taxpayers and ex ante interventions, at the expense of deterrence and truthful reporting norms. The Chinese approach surprisingly matches recommendations made by recent economic scholarship on tax compliance and state capacity. China's massive but little-known explorations in taxation highlight the distinct types of modern state capacity, and raise challenging questions about the future of taxation and the superiority of institutions based on rule of law.
- Offers a novel, systematic, in-depth, yet concise analysis of the foundational institutions in Chinese taxation
- Makes an important contribution to the study of tax and development by clearly explaining fundamental differences between tax administration paradigms, and highlighting their political determinants
- Analyzes Chinese taxation and presents a critical perspective on Chinese law
[From Administrative foundations chinese fiscal state | Taxation law | Cambridge University Press]
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Canadian Intellectual Property Law: Cases and Materials, 3rd ed.
Greg Hagen, Teresa Scassa, Cameron Hutchison, Margaret Ann Wilkinson, Graham Reynolds, and Teshager Dagne
Canadian Intellectual Property Law: Cases and Materials, 3rd Edition offers a comprehensive analysis of foundational concepts including copyright, patents, trademarks, industrial designs, passing off, and confidentiality. This casebook contains extracts from leading Canadian cases and IP legislation, paired with clarifying commentary and discussion questions. This approach allows students to test their comprehension and prepares them to engage in policy debates surrounding this important and evolving area of law.
Chapters from the previous edition have been revised to reflect recent case law and regulatory changes. The third edition includes expanded discussion on the scope and coverage of IP protection in response to recent developments in the field of artificial intelligence and the inequitable distribution of COVID-19 vaccines. It also includes comprehensive coverage of Canada’s intellectual property law within the context of Indigenous legal traditions, addressing the need for inclusivity and reform.
This collaborative text is a valuable teaching tool that bridges gaps found in similar texts by addressing the core areas of IP law within a single resource.[From Canadian Intellectual Property Law: Cases and Materials, 3rd Edition | Emond Publishing]
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A Property Law Reader: Cases, Questions, and Commentary, 5th ed.
Douglas C. Harris, Jeremy de Beer, Patricia Farnese, and Tenille Brown
The new fifth edition of Ziff’s classic A Property Law Reader: Cases, Questions and Commentary with the new author team of Harris, de-Beer, Brown, and Farnese features 12 chapters of national coverage. Highlights of the fifth edition include perspectives on racialized property, relational approaches in property theory and Indigenous law and Indigenous legal traditions as a source of law in Canada; a new section on disputes focusing on the doctrine of “tree trespass”; new content on the law and maxims of equity; new materials on limits to proprietary freedom; and much more!
An innovative collection of teaching materials offers a multi-faceted approach to the study of property law in Canada. Starting with an exploration of the meaning of property and its philosophical foundations, the book canvasses a broad range of fundamental concepts relating to both real and personal property. However, this work goes much further than that. It examines the interplay of property rights with pressing social questions, including those affecting race, class, and gender. These issues are examined in a variety of contexts and from a range of perspectives. A Property Law Reader invites an assessment of whether ancient legal doctrines remain of value within Canadian society. Though drawing on the law's deeply embedded history, the book seeks to provide a thoughtful treatment of contemporary property law and policy.
[from https://store.thomsonreuters.ca/en-ca/products/a-property-law-reader-cases-questions-and-commentary-fifth-edition-softbound-book-43066402]
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Sustainability, Citizen Participation, and City Governance: Multidisciplinary Perspectives
Hoi Kong and Tanya Monforte
The inaction of nation states and international bodies has posed significant risks to the environment. By contrast, cities are sites of action and innovation. In Sustainability, Citizen Participation, and City Governance, contributors researching in the areas of law, urban planning, geography, and philosophy identify approaches for tackling many of the most challenging environmental problems facing cities today.
Sustainability, Citizen Participation, and City Governance facilitates two strands of dialogue about climate change. First, it integrates legal perspectives into policy debates about urban sustainability and governance, from which law has typically stood apart. Second, it brings case studies from Quebec into a rare conversation with examples drawn from elsewhere in Canada.
The collection proposes humane and inclusive processes for arriving at effective policy outcomes. Some chapters examine governance mechanisms that reconcile clashes of incommensurable values and resolve conflicts about collective interests. Other chapters provide platforms for social movements that have faced obstacles to communicating to a broad public. The collection’s proposals respond to drastic changes in urban environments. Some changes are imminent. Others are upon us already. All threaten the present and future well-being of urban communities.
Sustainability, Citizen Participation, and City Governance examines sustainable development challenges in law, planning, and policy, and offers municipal actors strategies for overcoming them.
[From Sustainability, Citizen Participation, and City Governance - University of Toronto Press]
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Corporate Law and Sustainability from the Next Generation of Lawyers
Carol Liao
Millennials have come of age in an era when environmental and social crises have defined much of their adult lives, as has the recurrent message that time is of the essence. Future generations will bear the greatest burden created by climate change, pandemics, and inequality, but often they are not in positions of power to make impactful decisions about it.
This book gives voice to young lawyers offering new critical perspectives in the burgeoning field of corporate law and sustainability. Climate change is an intergenerational crisis, and the solutions and path forward must include intergenerational voices. Millennials are rising in power at a critical juncture in our climate and corporate history, and their perspectives stand apart from those who have been trained into myopic views of what constitutes change. These essays challenge the status quo across a number of pressing topics, including executive compensation, board diversity, decolonialization, crowdfunding, social media risk, corporate lobbying, shareholder activism, tax avoidance, global supply chain management, and human rights, written with a level of thoughtfulness and urgency that demands attention from policymakers and scholars alike.
Edited by Carol Liao, a leading expert in the field, and with a foreword by author and filmmaker of The Corporation and The New Corporation Joel Bakan, this book offers timeless research from a diverse group of young lawyers calling for bona fide corporate accountability within legal and regulatory frameworks, including innovative ideas for reform. -
Introduction to Contracts, 5th ed.
Bruce MacDougall
Gain a thorough understanding of the ins and outs of contract law with this newly updated edition of a classic textbook, written by a leading and well-respected academic.
[From Introduction to Contracts, 5th Edition | LexisNexis Canada]
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Retail’s Route to Net-Zero Emissions: The Canadian Retail Sector and Effective Climate Governance
Janis P. Sarra
Authored by Dr. Janis Sarra, Professor of Law at the University of British Columbia and Principal Co-Investigator of the CCLI, the guide provides an accessible summary of the legal duties of retail directors and officers in the transition to a net-zero economy. It offers examples of best practices in climate governance as well as a checklist of issues the board should be considering in its governance and risk oversight and strategic planning.
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Innovating Business for Sustainability
Beate Sjåfjell, Carol Liao, and Aikaterini Argyrou
Challenging current attitudes to governance and regulation in business, this timely book ascertains how regulatory approaches can innovate to ensure sustainable business that contributes to social justice for current and future generations within ecological limits.
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Research Handbook on the Law and Politics of Migration
Catherine Dauvergne
As the law and politics of migration become increasingly intertwined, this thought-provoking Research Handbook addresses the challenge of analysing their growing relationship. Discussing the evolving theoretical approaches to migration, it explores the growing attention given to the legal frameworks for migration and the expansion of regulation, as migration moves to the centre of the political global agenda. The Research Handbook demonstrates that the overlap between law and politics puts the rule of law at risk in matters of migration.'
[From Research Handbook on the Law and Politics of Migration]
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Deliberative Peace Referendums
Ron Levy, Ian O'Flynn, and Hoi Kong
Referendums are now increasingly common in what can be called 'conflict societies' as a way of using the sovereign authority of the people to bring about new constitutional settlements. Cyprus, the Democratic Republic of the Congo, Eritrea, Guatemala, Iraq, Kenya, Kosovo, Montenegro, New Caledonia, Northern Ireland, Papua New Guinea, Somalia, South Sudan, Tanzania, and Timor-Leste are just some examples of countries where referendums have or will soon be held on these points. This book investigates the practice of referendums as a method of peacebuilding in conflict societies, their rationales, their successes, and their failures, ultimately arguing that the referendum's utility for conflict management in large part depends on its design, including how such design incorporates cautionary lessons from past trials.
[From Deliberative Peace Referendums | Ron Levy | 9780198867036| Oxford University Press Canada]
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Misrepresentation and (Dis)Honest Performance in Contracts, 2nd ed.
Bruce MacDougall
In this handy resource, MacDougall examines the role of the doctrine of misrepresentation in Canada today, both at common law and through the statutes of Canadian common law jurisdictions.
[From Misrepresentation and (Dis)Honest Performance in Contracts, 2nd Edition | LexisNexis Canada]
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Exporting Virtue?: China's International Human Rights Activism in the Age of Xi Jinping
Pitman B. Potter
Under the leadership of President Xi Jinping, China has attempted to change international human rights values to accommodate its own interests, causing increasing friction with international standards of law and governance.
Exporting Virtue? examines human rights as an example of China’s international assertiveness and considers the implications of internationalizing PRC human rights policy and practice. Pitman B. Potter suggests that in the absence of clear and enforceable global human rights standards, China uses its international influence to promote its human rights policies on global governance, freedom of expression, trade and investment policy, and labour and environmental regulation. The PRC’s efforts to export its human rights principles and standards exemplify the rise of authoritarian governance models internationally. Couched in terms of virtue but manifested as authoritarianism, China’s international human rights activism invites scholars and policy makers around the world to engage critically with the issue.
Drawing on both Chinese- and English-language sources, Exporting Virtue? investigates the challenges that China’s human rights orthodoxy poses to international norms and institutions, offering normative and institutional analysis and providing suggestions for policy response.
Students and scholars of China, international law, human rights, comparative law and politics, and international trade and investment policy will find this an indispensable work, as will policy communities focussed on China’s international relations and business practices.
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Duty to Protect: Corporate Directors and Climate-Related Financial Risk
Janis P. Sarra
Climate Risk Reporting Needs Clarity to Succeed
- Amid growing calls from regulators, financial standard organizations and institutional investors, Canadian corporations face pressure to adopt transparent climate-risk reporting. But first, they need greater clarity on the metrics and standards involved.
- Author Janis Sarra recommends that Canada clarify and adopt mandatory uniform reporting on climate metrics and finance, so that corporate officers and directors can offer investors information that is transparent, comparable year over year and comparable between companies in a sector.
- Governments can also provide more clarity through legislative reforms to further support directors in the transition to a low-carbon economy.
[From Duty to Protect: Corporate Directors and Climate-Related Financial Risk – C.D. Howe Institute]
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Life, Health, Property, Casualty: Canadian Insurance Company Directors and Effective Climate Governance
Janis P. Sarra
The insurance sector is important because it provides the financial safety net for many Canadians suffering losses associated with climate impacts. Insurance coverage is the guarantee that policyholder losses will be indemnified; yet climate-related weather events are growing in severity and frequency. Severe weather damage in Canada caused $2.4 billion in insured losses in 2020, and over half that amount was for flooding.
The guide sets out the legal duties of directors of insurers and offers insights into best practices, including how directors of insurance companies can begin to implement effective governance, strategies, risk management, targets, and metrics aligned with the Taskforce on Climate-related Financial Disclosures (TCFD) framework. Under financial services legislation, directors have an obligation to ensure the company is managed prudently so that there is sufficient capital that the promises to insurance policyholders and to annuities beneficiaries can be met.
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Climate-Related Legal Risks for Financial Institutions: Executive Brief
Janis P. Sarra and Elisabeth (Lisa) DeMarco
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The 2021 Annotated Bankruptcy and Insolvency Act
Janis P. Sarra, Geoffrey B. Morawetz, and Lloyd W. Houlden
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Making the Case: 2SLGBTQ+ Rights and Religion in Schools
Donn Short, Bruce MacDougall, and Paul T. Clarke
Despite growing acceptance of 2SLGBTQ+ rights, Canadian schools regularly become battlegrounds in clashes between students wishing to express their sexuality or gender and those who perceive this as a threat to their values.
Making the Case clearly shows how Canadian law responds to what are known as “competing human rights claims,” when conflict arises between people asserting sexual minority rights and those asserting religious rights, for example, when a principal forbids same-sex prom dates or when parents oppose gay-straight alliance clubs. With a focus on the Charter of Rights and Freedoms, the authors call on related court cases to explain the position of Canadian law. They demonstrate that Canadians have rights to religion and rights to gender expression or sexual orientation; and that supporting sexual minority rights does not undermine other people’s rights to religious freedom.
This accessible book is an important tool for anyone working to create an inclusive school environment or respond to rights-based conflicts within the school system. It establishes conclusively that school cultures must be transformed so that 2SLGBTQ+ students can feel as safe and welcome as their heterosexual and cisgender counterparts.
This important book will help teachers, parents, and school administrators to function as 2SLGBTQ+ allies. Education students, legal scholars, politicians, civil servants, and people of faith who are interested in the issue of 2SLGBTQ+ rights will also find it invaluable.
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Directors' Duties Regarding Climate Change in Japan
Yoshihiro Yamada, Janis P. Sarra, and Masafumi Nakahigashi
Authored by Dr. Yoshihiro Yamada, Vice Dean of College of Law at the Ritsumeikan University, Dr. Janis Sarra, Professor of Law at the University of British Columbia, and Dr. Masafumi Nakahigashi, Vice-President at Nagoya University, the report outlines the three primary duties for directors of Japanese companies: duty of loyalty; duty to be compliant with all laws, regulations, and ordinances, and the company articles; and the duty of care. These duties to the corporation ground the obligation of corporate directors and officers to act in their company’s best interests by developing a plan to tackle climate change. The report also highlights how directors and their companies are impacted if they fail to fulfill these obligations.
[From Directors’ Duties Regarding Climate Change in Japan - Canada Climate Law Initiative]
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Immigration and Refugee Law: Cases, Materials, and Commentary, 3rd ed.
Sharryn J. Aiken, Colin Grey, Catherine Dauvergne, Gerald Heckman, Jamie Liew, and Constance MacIntosh
Immigration and Refugee Law: Cases, Materials, and Commentary, 3rd Edition explores the current state of Canada’s evolving immigration system, surveyed in historic, social, and comparative contexts. Authored by Canada’s leading scholars in the field, this casebook equips students with the key building blocks of immigration, refugee, and citizenship law. Each chapter presents a multi-faceted approach to the subject, including insightful commentary on race, gender, and class.
The third edition includes substantial updates to reflect developments in case law as well as legislative and policy reforms implemented over the past five years.
This casebook is ideal for upper-year law school courses in Canada.
[From Immigration and Refugee Law: Cases, Materials, and Commentary, 3rd Edition | Emond Publishing]
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