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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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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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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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The New Corporation: How "Good" Corporations Are Bad for Democracy
Joel Bakan
From the author of The Corporation: The Pathological Pursuit of Profit and Power comes this deeply informed and unflinching look at the way corporations have slyly rebranded themselves as socially conscious entities ready to tackle society's problems, while CEO compensation soars, income inequality is at all-time highs, and democracy sits in a
precarious situation.
Over the last decade and a half, business leaders, Silicon Valley executives, and the Davos elite have been calling for a new kind of capitalism. The writing was on the wall. With income inequality soaring, wages stagnating, and a
climate crisis escalating, it was no longer viable to justify harming the environment and ducking taxes in the name of shareholder value. Business leaders realized that to get out in front of these problems, they had to make
social and environmental values the very core of their messaging. Their essential pitch was: Who could be better suited to address major societal issues than efficiently run corporations? There is just one small problem with their
doing well by doing good pitch. Corporations are still, ultimately, answerable to their shareholders, and doing well always comes first.
This essential truth lies at the heart of Joel Bakan's argument. In lucid and engaging prose, Bakan lays bare a litany of immoral corporate actions and documents corporate power grabs dressed up as social initiatives. He makes
clear the urgency of the problem of the corporatization of society itself and shows how people are fighting back and making gains on a grassroots level.[From The New Corporation by Joel Bakan | Penguin Random House Canada]
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Revolutionary Feminisms: Conversations on Collective Action and Radical Thought
Brenna Bhandar and Rafeef Ziadah
In a moment of rising authoritarianism, climate crisis, and ever more exploitative forms of neoliberal capitalism, there is a compelling and urgent need for radical paradigms of thought and action. Through interviews with key revolutionary scholars, Bhandar and Ziadah present a thorough discussion of how anti-racist, anti-capitalist feminisms are crucial to building effective political coalitions. Collectively, these interviews with leading scholars including Angela Y. Davis, Silvia Federici, and many others, trace the ways in which black, indigenous, post-colonial and Marxian feminisms have created new ways of seeing, new theoretical frameworks for analysing political problems, and new ways of relating to one another. Focusing on migration, neo-imperial militarism, the state, the prison industrial complex, social reproduction and many other pressing themes, the range of feminisms traversed in this volume show how freedom requires revolutionary transformation in the organisation of the economy, social relations, political structures, and our psychic and symbolic worlds.
The interviews include Avtar Brah, Gail Lewis and Vron Ware on Diaspora, Migration and Empire. Himani Bannerji, Gary Kinsman, Leanne Betasamosake Simpson, and Silvia Federici on Colonialism, Capitalism, and Resistance. Ruth Wilson Gilmore, Avery F. Gordon and Angela Y. Davis on Abolition Feminism. -
Public Law: Cases, Commentary, and Analysis, 4th ed.
Craig Forcese, Adam Dodek, Philip Bryden, Richard Haigh, Mary Liston, and Constance MacIntosh
Devoted exclusively to public law in Canada. Serving as a primer on the subject, this title will educate students about the importance of statutes and regulations both as forms of law and as political responses to pressing issues in Canadian society. This text demonstrates concepts, principles, and theory in a direct and accessible manner, contextualized with carefully selected case excerpts. Cases are presented with insightful author commentary, which offers a compelling, cohesive introduction to the subject of public law.
This edition reflects up-to-date legislation and cases, including changes to Canadian administrative law resulting from the Supreme Court’s decision in Vavilov et al.
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Women's Health and the Limits of Law Domestic and International Perspectives
Irehobhude O Iyioha
Despite some significant advances in the creation and protection of rights affecting women’s health, these do not always translate into actual health benefits for women. This collection asks: 'What is an effective law and what influences law’s effectiveness or ineffectiveness? What dynamics, elements, and conditions come together to limit law’s capacity to achieve instrumental goals for women’s health and the advancement of women’s health rights?' The book presents an integrated, co-referential and sustained critical discussion of the normative and constitutive reasons for law’s limited effectiveness in the field of women’s health. It offers comprehensive and cohesive explanatory accounts of law’s limits and for the first time in the field, introduces a distinction between formal and substantive effectiveness of laws. Its approach is trans-systemic, multi-jurisdictional and comparative, with a focus on six countries in North America, Europe, Asia, and Africa and international human rights case law based on matters arising from Hungary, Portugal, Spain, Slovakia, the Czech Republic, Peru and Bolivia.
The book will be a valuable resource for educators, students, lawyers, rights advocates and policymakers working in women’s health, socio-legal studies, human rights, feminist legal studies, and legal philosophy more broadly.
[from https://www.routledge.com/Womens-Health-and-the-Limits-of-Law-Domestic-and-International-Perspectives/Iyioha/p/book/9781032082042]
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The Forgotten Fundamental Freedoms of the Charter
Dwight Newman, Derek B.M. Ross, Sarah E. Mix-Ross, and Brian Bird
This collection of 13 papers examines many of the freedoms listed in section 2 of the Charter that have been “forgotten” in the sense that they have not received (much) interpretation in jurisprudence or discussion in legal scholarship.
[From The Forgotten Fundamental Freedoms of the Charter | LexisNexis Canada]
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Overdose: Heartbreak and Hope in Canada's Opioid Crisis
Benjamin Perrin
North America is in the middle of a health emergency. Life expectancies are declining. Someone is dying every two hours in Canada from illicit drug overdose. Fentanyl has become a looming presence—an opioid more powerful, pervasive, and deadly than any previous street drug.
The victims are many—and often not whom we might expect. They include the poor and forgotten but also our neighbours: professionals, students, and parents. Despite the thousands of deaths, these victims have remained largely invisible.
But not anymore. Benjamin Perrin, a law and policy expert, shines a light in this darkest of corners—and his findings challenge many assumptions about the crisis. Why do people use drugs despite the risk of overdosing? Can we crack down on the fentanyl supply? Do supervised consumption sites and providing “safe drugs” enable the problem? Which treatments work? Would decriminalizing all drugs help or do further harm?
In this urgent and humane look at a devastating epidemic, Perrin draws on behind-the-scenes interviews with those on the frontlines, including undercover police officers, intelligence analysts, border agents, prosecutors, healthcare professionals, Indigenous organizations, activists, and people who use drugs. Not only does he unveil the many complexities of this situation, but he also offers a new way forward—one that may save thousands of lives.
[From Books]
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Evidence: A Canadian Casebook, 5th ed.
Hamish Stewart, Benjamin L. Berger, Emma Cunliffe, Ronalda Murphy, and Steven Penney
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Smart Cities in Canada: Digital Dreams, Corporate Designs
Mariana Valverde and Alexandra Flynn
Experts from across the country investigate the "smart city" trend in urban planning as it is showing up in different Canadian municipalities.
"Smart cities" use surveillance, big data processing and interactive technologies to reshape urban life. Transit riders can see the bus coming on a map on their phones. Cities can measure and analyze the garbage collected from every household. Businesses can track individuals' movements and precisely target advertisements.
Google's failed Sidewalk Labs proposal in Toronto, which drew sharp criticism over surveillance and privacy concerns, is just one of the many smart city projects which have been proposed or are underway in Canada. Iqaluit, Edmonton, Guelph, Montreal, Toronto and other cities and towns are all grappling with how to use these technologies. Some cities have quickly partnered with digital giants like Uber, Bell and IBM. Others have kept their distance. Big tech companies are hard at work recruiting customers and shaping – sometimes making – public policy on data collection and privacy.
Smart Cities for Canada: Promise and Perils is the first book on smart cities in Canada. In this collection, experts from across the country investigate what this new approach means for the problems cities face, and expose the larger issues about urban planning and democracy raised by smart city technology. This is a valuable, timely, independent‐minded book for Canadians.
[From Smart Cities in Canada: Digital Dreams, Corporate Designs - Lorimer Adult ]
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Good Governance in Economic Development: International Norms and Chinese Perspectives
Sarah Biddulph and Ljiljana Biuković
Globally, isolationism and protectionism are on the rise, and resurgent authoritarian nations are seeking to reassert the centrality of the sovereign state. And with China’s influence around the world intensifying, the dynamic interrelationship of the national and supranational in shaping norms of good governance has become increasingly relevant.
Good Governance in Economic Development critically examines the ways in which transparency and accountability underpin the objective of good governance, through mechanisms that are incorporated or reflected in international trade, finance, and investment regimes. It also explores the Chinese state’s engagement with these norms, shedding new light not only on how the principles of transparency, accountability, and public participation are applied within China, but also on the ability of China to affect international rules.
The essays in this timely collection argue that transparency and accountability standards are constituted and reconstituted by the agencies and governments seeking to impose them. Through close analysis of how these norms are adapted locally, the contributors offer insights into the global and national implications of international good governance rules.
This book will appeal to several audiences: scholars and students of Chinese studies and of international trade, investment, development, and law; government and non-government organizations with an interest in China; and legal professionals.
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Canadian Law and Indigenous Self‐Determination: A Naturalist Analysis
Gordon Christie
For centuries, Canadian sovereignty has existed uneasily alongside forms of Indigenous legal and political authority. Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal and social landscape. Adopting a naturalist analysis, Gordon Christie responds to questions about how to theorize this legal phenomenon, and how the study of law should accommodate the presence of diverse perspectives. Exploring the socially-constructed nature of Canadian law, Christie reveals how legal meaning, understood to be the outcome of a specific society, is being reworked to devalue the capacities of Indigenous societies.
Addressing liberal positivism and critical postcolonial theory, Canadian Law and Indigenous Self-Determination considers the way in which Canadian jurists, working within a world circumscribed by liberal thought, have deployed the law in such a way as to attempt to remove Indigenous meaning-generating capacity.
Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal, social, and political landscape.
[From Canadian Law and Indigenous Self-Determination - University of Toronto Press]
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Taxation of Business Organizations in Canada, 2nd ed.
David G. Duff and Geoffrey Loomer
Covering topics from partnership taxation and corporate income taxation, to the taxation of corporate distributions and shareholder benefits and loans, as well as corporate reorganizations, this book is the go-to resource for the most up-to-date case law, commentary and analysis.
[From Taxation of Business Organizations in Canada, 2nd Edition | LexisNexis Canada]
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Security and Human Rights, 2nd ed.
Benjamin J. Goold and Liora Lazarus
This is the second edition of the acclaimed Security and Human Rights, first published in 2007. Reconciling issues of security with a respect for fundamental human rights has become one of the key challenges facing governments throughout the world. The first edition broke the disciplinary confines in which security was often analysed before and after the events of 11 September 2001. The second edition continues in this tradition, presenting a collection of essays from leading academics and practitioners in the fields of criminal justice, public law, privacy law, international law, and critical social theory. The collection offers genuinely multidisciplinary perspectives on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the protection of established rights, Security and Human Rights provides fresh insight into the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism, and protect their citizens. The volume features a set of new essays that engage with the most pressing questions facing security and human rights in the twenty-first century and is essential reading for all those working in the area.
[From https://www.bloomsbury.com/us/security-and-human-rights-9781849467308/]
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Securing Legality
Liora Lazarus
Drawing on theoretical, legal and policy material, Securing Legality seeks to develop a robust normative framework in which to understand the relationship between security, the rule of law, and human rights. The book challenges the entrenched dichotomy, commonly invoked by activists, analysts, and scholars, of the rule of law and human rights on the one hand and security on the other. It argues that security actors often fail adequately to grasp the role of law and legal legitimacy in their conceptions of security, while guardians of legality too easily overlook the intrinsic and explicit role that security plays in our conception of the rule of law and human rights. At the same time Securing Legality warns against the risk of ‘securitising law’, a process whereby the rule of law and human rights is increasingly viewed through the narrow lens of security.
The book seeks to re-conceptualise the relationship between law and security, arguing that the concept of security should concern not only the safety of society, but also the value of its broader social arrangements.[From Securing Legality (Hart Studies in Security and Justice) | mitpressbookstore]
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