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Criminal Law and Procedure: Cases and Materials, 11th ed.
Kent Roach, Emma Cunliffe, James Stribopoulos, and Benjamin L Berger
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Value Added Tax: A Comparative Approach, 2nd ed.
Alan Schenk, Victor Thuronyi, and Wei Cui
This book integrates legal, economic, and administrative materials about the value added tax (VAT) to present the only comparative approach to the study of VAT law. The comparative presentation of this volume offers an analysis of policy issues relating to tax structure and tax base as well as insights into how cases arising out of VAT disputes have been resolved. Its principal purpose is to provide comprehensive teaching tools - laws, cases, analytical exercises, and questions drawn from the experience of countries and organizations around the world. This second edition includes new VAT-related developments in Europe, Asia, Africa, and Australia and adds new chapters on VAT avoidance and evasion and on China's VAT. Designed to illustrate, analyze, and explain the principal theoretical and operating features of value added taxes, including their adoption and implementation, this book will be an invaluable resource for tax practitioners and government officials.
- Focuses on comparative taxation and major VAT systems around the world
- Covers China's complex value added tax and business tax systems
- Based on the authors' decades of experience drafting and implementing VATs, advising countries on VAT, and authoring books on VAT
[From Value added tax comparative approach 2nd edition | Taxation law | Cambridge University Press]
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Gender in Refugee Law: From the Margins to the Centre
Efrat Arbel, Catherine Dauvergne, and Jenni Millbank
Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law.
Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.
[From Gender in Refugee Law: From the Margins to the Centre - 1st Edition -]
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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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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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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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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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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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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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The Choreography of Resolution: Conflict, Movement, and Neuroscience
Andrew Floyer Acland, Carrie L. MacLeod, and Michelle Lebaron
The Choreography of Resolution explores how conflict, movement and neuroscience are all intertwined and the effects each factor plays in resolution.
[From The Choreography of Resolution: Conflict, Movement, and Neuroscience]
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