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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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Memory
Philippe Tortell, Mark Turin, and Margot Young
November 11, 2018, is the 100th anniversary of the end of the First World War, a time of remembering and memorial, of linking past events to the world we live in today. Taking this particular moment as a catalyst, this book examines the character and relevance of memory more broadly. The essays in this collection ask readers to think creatively and deeply about notions of memory – its composition and practices – and the ways that memory is transmitted, recorded, and distorted through time and space.
Memory navigates a broad terrain, with essays drawn from a diverse group of contributors who capture different perspectives on the idea of memory in fields ranging from molecular genetics, astrophysics and engineering, to law, Indigenous oral histories, and the natural world. This book challenges readers to think critically about memory, offering an engaging and interdisciplinary roadmap for exploring how, why, and when we remember.
Accessibly written, these lively essays will appeal to intellectually curious members of the public.
[From UBC Press | Memory, Edited by Philippe Tortell, Mark Turin and Margot Young]
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Local Engagement With International Economic Law and Human Rights
Ljiljana Biuković and Pitman B. Potter
Providing an analysis of global regulation and the impact of international organizations on domestic laws, this collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. The common thread of the papers in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining.
[From Local Engagement with International Economic Law and Human Rights]
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To Ensure that Justice is Done: Essays in Memory of Marc Rosenberg
Emma Cunliffe
To Ensure that Justice is Done: Essays in Memory of Marc Rosenberg brings together leading scholars, practitioners, and jurists who have written chapters in tribute to the Honourable Marc Rosenberg’s legal and ethical contributions to the administration of justice.
Inspired by his work as a teacher, a lawyer, and a judge, the contributors reflect on key trends and contemporary issues in jurisprudence, legal education, the administration of justice, and legal ethics. The contributors examine topics including wrongful convictions, social justice and the criminal law, the role of the judge and lawyer, challenges facing the law of evidence, the past and future of Charter justice, and the function of legal education in contributing to the administration of justice in Canada and abroad.
The book is, thus, both a tribute to the life, work, and contributions of Marc Rosenberg, and an indispensable resource for all those concerned with the ways in which we seek justice in and through the law.
[From To Ensure that Justice is Done: Essays in Memory of Marc Rosenberg | Thomson Reuters]
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Innovation and the State: Finance, Regulation, and Justice
Cristie Ford
From social media to mortgage-backed securities, innovation carries both risk and opportunity. Groups of people win, and lose, when innovation changes the ground rules. Looking beyond formal politics, this new book by Cristie Ford argues that we need to recognize innovation, and financial innovation in particular, as a central challenge for regulation. Regulation is at the leading edge of politics and policy in ways that we have not yet fully grasped. Seemingly innocuous regulatory design choices have clear and profound practical ramifications for many of our most cherished social commitments. Innovation is a complex phenomenon that needs to be understood not only in technical terms, but also in human ones. Using financial regulation as her primary example, Ford argues for a fresh approach to regulation, which recognizes innovation for the regulatory challenge that it is, and which binds our cherished social values and our regulatory tools ever more tightly together.
[]from Innovation and the State]
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How Ontario Could Lead the World in Sovereign Debt Restructuring
Mark Jewett and Maziar Peihani
In recent decades, sovereign debt crises — especially in Greece and Argentina — have spurred both controversy and interest. The world of sovereign debt is deeply dysfunctional. A true sovereign bankruptcy regime remains politically infeasible, and the prospects for establishing a comprehensive treaty on sovereign debt are bleak. Meanwhile, the contractual reforms intended to address the holdout problems, while welcome, have had only limited success. Between these two approaches is a third way: a model law on sovereign debt restructuring adopted by a legislature, as described in this policy brief.
The model law is the only reform initiative that offers the predictability and effectiveness of a statutory approach without foundering on the obstacles that frustrated previous reforms. As this policy brief argues, the model law provides a unique leadership opportunity for Ontario, enabling the province to establish an orderly sovereign debt resolution regime under the rule of law. The model law is unlikely to increase borrowing costs or adversely affect the province’s public finances. By its adoption, significant benefits would accrue to debtor states and creditors, and Ontario could further develop its capacities as a world-class financial jurisdiction. Both Ontario and the deeply dysfunctional sovereign debt world would benefit.
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Disclosure of Climate-Related Financial Information: Time for Canada to Act
Maziar Peihani
In Canada, disclosure of financial information related to climate change remains fragmented and inadequate. The existing weak disclosure regime does not match Canada’s international efforts in promoting its image as a world leader in the fight against climate change. This policy brief argues for strong implementation of the recommendations of the Task Force on Climate-related Financial Disclosures and provides Canadian policy makers and private actors with a plan on how to integrate climate change into existing risk management and disclosure practices.
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