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Living in a Law Transformed: Encounters with the Works of James Boyd White
Julen Etxabe and Gary Watt
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The 2014 Annotated Bankruptcy and Insolvency Act
Lloyd W. Houlden, Geoffrey B. Morawetz, and Janis P. Sarra
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Comparative Hate Crime Research Report (A Report Prepared for the Hungarian Civil Liberties Union)
Liora Lazarus and et al.
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Reasoning Rights: Comparative Judicial Engagement
Liora Lazarus, Christopher McCrudden, and Nigel Bowles
This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular?
The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.[From Reasoning Rights: Comparative Judicial Engagement: Liora Lazarus: Hart Publishing]
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Handbook on the Law of Cultural Heritage and International Trade
Robert K. Paterson and James A.R. Nafziger
This Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.
Following a comprehensive introduction to cultural heritage law, the book turns to the core topic of international trade. The General Agreement on Tariffs and Trade and a 1970 UNESCO convention on illegal trafficking in cultural material formed the foundation for progressive development of an impressive and still-evolving legal framework. Building on these and other instruments, the essays focus on import and export controls within specific national legal regimes. Concluding chapters contextualize additional important issues – including human rights, pluralism and nationalism – from a broader, global perspective. Innovative in its combination of comparative and international dimensions of the subject, this book provides a ready, well-documented reference to national and international regimes of control and a scholarly source for teaching and further research.
Students, professors and practitioners of trade law, cultural heritage law and general international law will find this Handbook an invaluable resource.[From Handbook on the Law of Cultural Heritage and International Trade]
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Regulating Land Based Casinos: Policies, Procedures, and Economics
Ngai Pindell and Anthony Cabot
Once restricted to exotic locations like Las Vegas, Macau, and Monte Carlo, casinos are now operating in many cities nationally and internationally from the Maryland waterfront to Ho Chi Minh City. This expansion of the gaming industry, both geographically and economically, raises new and important policy questions about the role of government in gaming regulation, the obligations and opportunities for casinos, and public support for gambling and gaming tax revenue. The contributors to this book have decades of experience in gaming regulation and business and are optimistic about the future of gaming and casinos. Each author critically engages the subject and offers his or her insight into what works and what does not in the gaming business and gaming regulation. Whether a jurisdiction is considering legalizing gaming or deciding how to regulate an existing gaming industry, it should engage in a careful cost-benefit analysis informed by available data and the jurisdiction’s particular public policy goals.
Each chapter in this book considers a key component of this process. The chapters collect and analyze gaming research from a wide variety of disciplines, including law, business, social sciences, economics, and tax to explain the many approaches a jurisdiction might take to identify and address important policy goals and to suggest emerging issues that require additional research and data. The chapters also incorporate extensive industry experience and examples to investigate the effects of different regulatory practices on the gaming industry, industry stakeholders, and the public.
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Les Intraduisibles en droit civil
Alexandra Popovici, Lionel Smith, and Régine Tremblay
En choisissant les « Intraduisibles » comme thème pour ses Ateliers de droit civil 2010-2012, le Centre Paul-André Crépeau de droit privé et comparé de l’Université McGill a regroupé plusieurs chercheurs afin qu’ils abordent un thème essentiel en droit comparé, la difficulté de passer d’un système juridique à un autre sans banaliser les différences qui les habitent. Ainsi, Kirsten Anker, Jimena Andino Dorato, Richard Hyland, Christine Morin, Alexandra Popovici, Eric Reiter, Giorgio Resta, Anne Sanders et Ruth Sefton-Green ont attaqué les obstacles juridiques et linguistiques auxquels fait face tout comparatiste, l’impossible ou plutôt la difficile traduction de certaines notions qui semblent pourtant indispensables à un système donné.
Their papers all start from a concept that is either untranslateable itself, or that reveals untranslateable juridical underpinnings: the fondement, the last will, the fiducie, remedies, personality rights (not once but twice!), marriage contracts, fault, and aboriginal rights. Each paper explores the tension between the universality of concepts, and the specificities of language and of legal traditions. Their original contributions shed new light on fundamental private law. This collection will be of interest as much to translators as to comparative lawyers, but it will especially delight wordsmiths and logophiles.
[From Les intraduisibles en droit civil | Wilson et Lafleur]
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Assessing Treaty Performance in China: Trade and Human Rights
Pitman B. Potter
Closer and more frequent contact among states brought about by globalization has led to an increase in trade and human rights disputes that can challenge economic relations and cloud political relationships. Preventing and managing these disputes requires a better understanding of the cross-cultural dimensions of treaty performance on trade and human rights, especially for increasingly important actors in the international system such as China.
Assessing Treaty Performance in China outlines a new approach for understanding China's treaty performance around international standards on trade and human rights, using the paradigms of selective adaptation and institutional capacity. Selective adaptation reveals how local interpretation and implementation of international treaty standards are affected by normative perspectives derived from perception, complementarity, and legitimacy. Institutional capacity explains how operational dimensions of legal performance are affected by structural and relational dynamics of institutional purpose, location, orientation, and cohesion.
The book focuses on legal performance rather than technical compliance to provide a more comprehensive perspective on China’s interaction with international treaty standards. It also offers policy suggestions for more effective engagement with China on trade and human rights issues.
This will be useful for scholars, policy makers, and private sector actors engaged with China.
[UBC Press | Assessing Treaty Performance in China - Trade and Human Rights, By Pitman B. Potter]
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Canadian Securities Regulation, 5th ed.
Kathleen Doyle Rockwell, David Johnston, and Cristie Ford
In one of Canada's foremost treatises on the subject, experts David Johnston, Kathleen Doyle Rockwell and Cristie Ford provide an authoritative exploration of the Canadian securities system, its historical underpinnings and the practical ramifications of its administration and enforcement.
[From Canadian Securities Regulation, 5th Edition | LexisNexis Canada]
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Enhancing Capabilities through Labour Law: Informal Workers in India
Supriya Routh
In 2002 the International Labour Organization issued a report titled ‘Decent work and the informal economy’ in which it stressed the need to ensure appropriate employment and income, rights at work, and effective social protection in informal economic activities. Such a call by the ILO is urgent in the context of countries such as India, where the majority of workers are engaged in informal economic activities, and where expansion of informal economic activities is coupled with deteriorating working conditions and living standards.
This book explores the informal economic activity of India as a case study to examine typical requirements in the work-lives of informal workers, and to develop a means to institutionalise the promotion of these requirements through labour law. Drawing upon Amartya Sen’s theoretical outlook, the book considers whether a capability approach to human development may be able to promote recognition and work-life conditions of a specific category of informal workers in India by integrating specific informal workers within a social dialogue framework along with a range of other social partners including state and non-state institutions. While examining the viability of a human development based labour law in an Indian context, the book also indicates how the proposals put forth in the book may be relevant for informal workers in other developing countries.
This research monograph will be of great interest to scholars of labour law, informal work and workers, law and development, social justice, and labour studies.
[From Enhancing Capabilities through Labour Law: Informal Workers in India -]
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Challenging Borders in Business Law: The Scholarship of Claire Moore Dickerson
Janis P. Sarra
This collection of the scholarship of Claire Moore Dickerson reflects the breadth and depth of her research in the United States and Africa, principally Cameroon, Ivory Coast and Senegal. The text contains introductions to the articles by eight leading corporate law scholars, who offer insights regarding the profoundly important contributions of professor Dickerson to law and public policy.
[From Challenging Boarders In Business law-The Scholarship of Claire Moore DIckerson: Dr. Janis Sarra, Janis Sarra: 9780888651525: Books - Amazon.ca]
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Bordering on Failure: Canada-U.S. Border Policy and the Politics of Refugee Exclusion
Efrat Arbel and Alletta Brenner
On November 26, 2013, the Harvard Immigration and Refugee Clinic (HIRC) released a comprehensive report titled “Bordering on Failure: Canada-U.S. Border Policy and the Politics of Refugee Exclusion”
In June 2012, the Canadian government ushered in sweeping reforms to Canada’s refugee system. These reforms brought debates about Canadian refugee protection to the forefront of legal and political discourse. In advancing these reforms, the Canadian government has asserted that Canada’s refugee system is among the most generous and compassionate in the world. Canada’s doors, the Canadian government has stated, remain open to legitimate refugees. This report evaluates these claims by examining the U.S.-Canada Safe Third Country Agreement and border measures implemented under the rubric of the Multiple Borders Strategy, and analyzing their effects on asylum seekers. A detailed examination of these measures is necessary to evaluate the generosity of Canada’s refugee system, and to accurately frame debates about Canadian refugee protection. This report concludes that through the Safe Third Country Agreement and the Multiple Borders Strategy, Canada is systematically closing its borders to asylum seekers, and circumventing its refugee protection obligations under domestic and international law. While Canada has a valid interest in regulating its borders to ensure refugee protection is reserved only for genuine refugees, neither the Safe Third Country Agreement nor the Multiple Borders Strategy effectively serve this interest. Instead, these measures deter, deflect, and block asylum seekers from lawfully making refugee claims in Canada in arbitrary and unprincipled ways, and do not effectively serve the goal of protecting the integrity of the Canada-U.S. border. Examining these measures, this report finds: 1. Canada is systematically closing its borders to asylum seekers and avoiding its refugee protection obligations under domestic and international law; 2. Through the Safe Third Country Agreement, Canada jeopardizes asylum seekers’ ability to obtain fundamental legal protections by returning them to the United States despite clear deficiencies in the U.S. asylum system; 3. The Safe Third Country Agreement has prompted a rise in human smuggling across the Canada-U.S. border, making the border more dangerous and disorderly, and raising security concerns for Canada and the United States.
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Beyond Territorial Disputes in the South China Sea: Legal Frameworks for the Joint Development of Hydrocarbon Resources
Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, and Leonardo Bernard
This highly informative and up-to-date book brings together expert scholars in law of the sea to explore the legal and geopolitical aspects of the South China Sea disputes and provide an in-depth examination on the prospects of joint development in the South China Sea.
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The Experience of Tragic Judgment
Julen Etxabe
Adjudication between conflicting normative universes that do not share the same vocabulary, standards of rationality, and moral commitments cannot be resolved by recourse to traditional principles. Such cases are always in a sense tragic. And what is called for, in our pluralistic and conflictual world is not to be found, as many would suppose, in an impersonal set of procedures with which all participants could be treated as having rationally agreed. The very idea of such a neutral system is an illusion. Rather, what is needed, Julen Etxabe argues in this book, is a heightened awareness of the difficulty of judgment. The Experience of Tragic Judgments draws upon Sophocles’ play Antigone in order to consider this difficulty and the virtues that attend its acknowledgment. Based on the transformative experience that the audience undergoes in engaging with this play what is proposed is a reconceptualization of judgment: not as it is generally thought to occur in a single isolated moment, like the falling of an axe, but rather as an experience that develops in and through space and time.
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