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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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Amartya Sen and Law
Carrie Menkel-Meadow, Victor V. Ramraj, Arun K. Thiruvengadam, and Supriya Routh
This volume introduces and collects some of the leading articles on noted economist and philosopher Amartya Sen’s contributions to law and jurisprudence. While Sen has not contributed explicitly to the discipline of law, his scholarship has inspired significant investigations of core jurisprudential subjects. With the publication of The Idea of Justice in 2009, Sen has contributed many notable ideas to important concepts of jurisprudence, challenging notions of universalism and institutionalism in jurisprudential concepts, and contributing his own ideas on justice and equality. He offers fresh insights on the content of democracy and enumerates what good decision making in different contexts might entail. He has written importantly on issues of identity and cosmopolitanism, demonstrating the complexity of modern ideas of diversity, fairness and most importantly, sensitivity to context in assessing policies and governmental strategies. This curated collection of essays seeks to explore what other scholars have made of Sen’s contributions to law and jurisprudence and the achievement of justice at both local and global levels. It includes an introductory essay that provides an overview of Sen’s corpus of work and sorts, defines and explains the issues that are explored more fully in the 14 essays that follow. Those essays engage with different aspect of Sen’s work, addressing his influence on political theory; jurisprudence; law with applications to constitutional theory and adjudication; deliberative democracy; political participation and decision making; human rights; labour law; law and development; gender justice; economic and political development and measurements; and assessment and theories of individual, collective and global justice.
[From Amartya Sen and Law - 1st Edition - Carrie Menkel-Meadow - Victor V Ra]
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Kindred's International Law: Chiefly as Interpreted and Applied in Canada, 9th ed.
Phillip M. Saunders, Robert J. Currie, Payam Akhavan, Jutta Brunnée, Ted L. McDorman, Heather Gibb, Gib van Ert, Frédéric Mégret, Karin Mickelson, Yoshifumi Ikeda, Ikechi Mgbeoji, Linda C. Reif, and Christopher Waters
Kindred’s International Law Chiefly as Interpreted and Applied in Canada, 9th Edition emphasizes the experience and practice of international law from a Canadian perspective both domestically and in foreign relations. A publication of long-standing quality and distinguished reputation, this text has been repeatedly cited as an authority in the Supreme Court of Canada and lower courts for decades. It delivers a comprehensive overview of the foundational concepts, principles, sources, and institutions of the international legal system, and examines specific subject areas of importance in the world today.
The ninth edition includes new insights from Gib van Ert, former Executive Legal Officer to the Chief Justice of Canada, and scholars Frédéric Mégret and Payam Akhavan. Additionally, readers will benefit from updated commentary and excerpts on recent treaty developments related to NAFTA and the Trans-Pacific Partnership Agreement.
This is the only publication of its kind that can offer its reader the guidance and legal sources required to develop a solid and multifaceted understanding of international law from a Canadian perspective.
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Transnational Business Governance Interactions: Advancing Marginalized Actors and Enhancing Regulatory Quality
Stepan Wood, Rebecca Schmidt, Errol Meidinger, Burkard Eberlein, and Kenneth W. Abbott
From agriculture to sport and from climate change to indigenous rights, transnational regulatory regimes and actors are multiplying and interacting with poorly understood effects. This interdisciplinary book investigates whether, how and by whom transnational business governance interactions (TBGIs) can be harnessed to improve the quality of transnational regulation and advance the interests of marginalized actors.
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Colonial Lives of Property: Law, Land, and Racial Regimes of Ownership
Brenna Bhandar
In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.
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Regulating Land Based Casinos: Policies, Procedures, and Economics, 2nd ed.
Anthony Cabot, Ngai Pindell, and Brian Wall
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.
With almost 200 pages of new content, this second edition adds a new chapter on Casino Organization and Operations and updates and expands many of the other chapters.
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Canadian Intellectual Property Law: Cases and Materials, 2nd ed.
Greg Hagen, Margaret Ann Wilkinson, Teresa Scassa, David Lametti, Cameron Hutchison, and Graham Reynolds
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Labour and Employment Law: Cases, Materials, and Commentary, 9th ed.
Labour Law Casebook Group and Supriya Routh
Since the publication of the first edition in 1970, Labour and Employment Law: Cases, Materials, and Commentary has become the standard resource for labour and employment law courses across Canada. Prepared by a national group of academics — the Labour Law Casebook Group — the book has continued to evolve with each new edition, reflecting the considerable changes that have occurred in Canadian workplaces and the laws governing them. A great many changes throughout the book respond to the numerous developments in labour and employment law since 2011. The most high-profile of these has been the set of Charter decisions that extend the protection of freedom of association to include the right to choose an independent bargaining agent and the right to strike, and which rely significantly on international labour standards in doing so. Additionally, this new edition responds to the growing importance of international and transnational law with a completely revised chapter; focuses on the gig economy and the proliferation of contracting networks that have fissured workplace relations; provides examples of caselaw and policy discussions grappling with the reach of legal responsibility to workers in these new relationships; and deepens the treatment of the rights of dependent contractors at common law and under labour and employment legislation. New cases and other source material have been added, and material that appeared in previous editions has been updated. The result is a comprehensive and thoroughly contemporary volume that benefits from over forty-five years of use in law schools across the country, while at the same time taking advantage of cutting-edge scholarship in assessing issues of contemporary concern.
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The Cambridge Handbook of Deliberative Constitutionalism
Ron Levy, Hoi Kong, Graeme Orr, and Jeff King
Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.
[From Cambridge handbook deliberative constitutionalism | Jurisprudence | Cambridge University Press]
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Mistake in Contracting
Bruce MacDougall
Mistake in Contracting leverages author Bruce MacDougall's considerable expertise in contract and commercial law, and offers extensive insight into the doctrines of mistake.
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Law and Disaster: Earthquake, Tsunami and Nuclear Meltdown in Japan
Shigenori Matsui
On the 11th of March 2011, an earthquake registering 9.0 on the Richter scale (the most powerful to ever strike Japan) hit the Tohoku region in northern Japan. The earthquake produced a devastating tsunami that wiped out coastal cities and towns, leaving 18,561 people dead or registered as missing. Due to the disaster, the capability of the Fukushima Nuclear Power Plant, operated by Tokyo Electric Power Company (TEPCO), was compromised, causing nuclear meltdown. The hydrogen blast destroyed the facilities, resulting in a spread of radioactive materials, and, subsequently, serious nuclear contamination. This combined event – earthquake, tsunami, and nuclear meltdown – became known as the Great East Japan Earthquake Disaster.
This book examines the response of the Japanese government to the disaster, and its attempts to answer the legal questions posed by the combination of earthquake, tsunami, and nuclear meltdown. Japanese law, policy, and infrastructure were insufficiently prepared for these disasters, and the country’s weaknesses were brutally exposed. This book analyses these failings, and discusses what Japan, and other countries, can learn from these events.
[From Law and Disaster: Earthquake, Tsunami and Nuclear Meltdown in Japan -]
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Canada's Chief Justice: Beverley McLachlin's Legacy of Law and Leadership
Marcus Moore and Daniel Jutras
A one-of-a-kind tribute collection takes us through the legal journey of former Supreme Court of Canada Chief Justice Beverley McLachlin, by bringing together the thoughtful reflections of more than 30 expert observers, illuminating a wide range of aspects of the Chief Justice’s legacy.
[From Canada's Chief Justice: Beverley McLachlin’s Legacy of Law and Leadership | LexisNexis Canada]
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Addressing Excessive Risk Taking in the Financial Sector: A Corporate Governance Approach
Steven L. Schwarcz and Maziar Peihani
Excessive corporate risk taking by systemically important financial institutions (SIFIs) is widely seen as one of the primary causes of the global financial crisis. In response, an array of international reforms, under the auspices of the Group of Twenty’s (G20’s) standard-setting bodies, has been adopted to try to curb that risk taking. However, these reforms only impose substantive requirements, such as capital adequacy, and cannot by themselves prevent future systemic collapses.
To complete the G20 financial reform agenda, SIFI managers should have a duty to society (a public governance duty) not to engage their firms in excessive risk taking that leads to systemic externalities. Regulating governance in this way can help supplement the ongoing regulatory reforms and reduce the likelihood of systemic harm to the public.
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The Constitution of the Environmental Emergency
Jocelyn Stacey
This book argues for a reframing of environmental law. It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law. This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm. Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.
[From The Constitution of the Environmental Emergency: : Jocelyn Stacey: Hart Publishing]
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