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Law and Economic Development in China Mainland and Taiwan
Pitman B. Potter
Recent policy changes in Mainland China and Taiwan have supported increased reliance on law in management of the economy and society. Increased complexity in socioeconomic and political relations is seen to require norms of formality and objectivity to replace informal and subjective relational norms associated with tradition. This in turn can create increased demands for the institutional and procedural rigor that legal reforms promise. But legal reform is not only about formalizing the rules for socioeconomic and political behavior - local conditions and local values of morality and civility provide important context.
[From Law and Economic Development in China Mainland and Taiwan by Pitman Potter :: SSRN]
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Canadian Constitutional Law, 3rd ed.
Joel Bakan, Patrick Macklem, John Borrows, Richard Moon, Sujit Choudhry, R.C.B. Risk, Robin Elliot, Kent Roach, Jean-François Gaudreault-DesBiens, Carol Rogerson, Donna Greschner, Bruce Ryder, Patricia Hughes, David Schneiderman, Jean Leclair, and Lorraine Weinrib
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From Leninist Discipline to Socialist Legalism: Peng Zhen on Law and Political Authority in the PRC
Pitman B. Potter
This is the first full-length study in English of Peng Zhen (1902-97), a revolutionary comrade of Mao Zedong and Deng Xiaoping, and an influential legal policymaker in China during both men’s regimes. As one of the chief architects of PRC law and legal institutions during the 1950s and again in the 1980s, Peng left an indelible mark on the present legal system of China.
This book analyzes the evolution of Peng’s legal views from his days as a revolutionary in the 1930s and 1940s, through his participation in Communist rule during the 1950s, to his conflicts with Mao and his purge in 1966, and finally to his rehabilitation and resumption of legal reform activities in the 1980s and 1990s. Initially, Peng embraced Leninist notions of law and political authority. These ideas gradually evolved so that in the 1980s Peng advocated increased reliance on formal rules and procedures as mechanisms of governance.
[From From Leninist Discipline to Socialist Legalism | Stanford University Press]
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Private International Law in Common Law Canada: Cases, Text and Materials
Nicholas Rafferty, Marvin Baer, Joost Blom, Elizabeth Edinger, Geneviève Saumier, and Catherine Walsh
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Corporate Governance in Global Capital Markets
Janis P. Sarra
The recent failures of Enron, WorldCom, and other large publiclytraded corporations have catapulted the issue of corporate governanceonto the international stage. In this timely book, Janis Sarra drawstogether the work of legal scholars and practitioners from across NorthAmerica to provide a comprehensive analysis of corporate governanceissues in global capital markets.
The contributors to this collection explore the theoreticalunderpinnings of corporate governance and provide concrete illustrationof different models and their outcomes. While the perspectives of theauthors sometimes differ, their common project is to explore differentnormative conceptions of the corporation in order to contribute to ananalysis of global trends in corporate governance. The book measuresdiverse theoretical perspectives against the reality of corporateoperations in current capital markets, exploring the norms that informshifts in governance practice and the influence of regulatory regimeson governance change. Relationships both within and outside the firmare explored, including issues of accountability, ethics in decisionmaking, and notions of efficiency in generation of corporatewealth.
Legal scholars and practitioners with an interest in corporations,insolvency, and securities, as well as corporate directors will welcomethis addition to their libraries.
[From UBC Press | Corporate Governance in Global Capital Markets, Edited by Janis Sarra]
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Creditor Rights and the Public Interest: Restructuring Insolvent Corporations
Janis P. Sarra
Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies’ Creditors’ Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States.
Sarra draws on a comprehensive body of academic literature that covers a broad range of issues—insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials.
Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.
Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders.
[From Creditor Rights and the Public Interest - University of Toronto Press]
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Justice Behind the Walls: Human Rights in Canadian Prisons
Michael Jackson
In 1777, John Howard, the pre-eminent prison reformer of his generation, published The State of the Prisons in England and Wales, an indictment of the cruelty of prison life and a blueprint for radical change. Over two centuries later, Michael Jackson, Queen's Counsel, law professor and human rights advocate, gives us Justice behind the Walls, a compelling, compassionate and at times harrowing account of the state of justice in Canadian prisons. Weaving together the threads of correctional history, penal philosophy, landmark court decisions, the Charter of Rights and Freedoms and legislative change, Justice behind the Walls describes the reality of reform against the backdrop of Jackson's years of observing disciplinary hearings and segregation review boards in federal penitentiaries and draws on hundreds of hours of interviews with prisoners, wardens and correctional staff. Conceived as both a personal and public journey in search of justice, this book is an unprecedented endeavor to chart the DNA of contemporary imprisonment. At a time when the issue of human rights in prison, never high on the horizon of public concern, is dangerously close to being eclipsed by rising fear about public safety, Justice behind the Walls takes us beyond the stereotypes of the keeper and the kept. In doing so, it holds up a mirror that reflects how far we have come in recognized and respecting human rights in places where those rights are most vulnerable. Jackson's book brings to the agenda of public and legal debate a remedial toolbox that has the potential to enhance Canada's claim as an international model for a just society. Written in a language that appeals to our common humanity, it brings many lifetimes of experience to the struggle for justice. Justice behind the Walls was shortlisted for the 2002 Donner Prize for the best book on Canadian Public Policy. The Donner Prize Jury described Justice behind the Walls as "passionate, detailed and written by a highly knowledgeable and committed expert…both mind-enriching and soul-expanding".
[From http://www.justicebehindthewalls.net/02_publication_00_01.html]
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Director and Officer Liability in Corporate Insolvency: A Comprehensive Guide to Rights and Obligations
Janis P. Sarra and Ronald B. Davis
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The Chinese Legal System: Globalization and Local Legal Culture
Pitman B. Potter
The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.
[From The Chinese Legal System: Globalization and Local Legal Culture - 1st]
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The Law of Evidence: Fact Finding, Fairness and Advocacy
Christine Boyle, Marilyn MacCrimmon, and Dianne Martin
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Private International Law in Common Law Canada: Cases, Text and Materials
Marvin Baer, Joost Blom, Elizabeth Edinger, Nicholas Rafferty, Geneviève Saumier, and Catherine Walsh
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Challenging the Public/Private Divide: Feminism, Law, and Public Policy
Susan B. Boyd
Western thought has long been characterized by an ideological divide between public and private spheres. In the industrial era, the divide became highly gendered as men dominated the public spheres of politics and work, while women were closely associated with family and home. In the late twentieth century, social and legal policies have promoted equal opportunities in the labour force and shared responsibilities in the family. Despite this progress, inequalities are still evident for women in the labour force and in the family, and for some groups of women in relation to others.
In this collection of original essays, feminist scholars in disciplines ranging from law to geography challenge the traditional notion of a public/private divide. The divide can represent boundaries between state and family, state and market, market and family, or state and community, which shift depending on location, social group, and historical time period. The contributors to this book examine the impact of the divide in respect to four themes: state intervention; the relationship between family, home, and work; the legal regulation of motherhood; and the challenges of privatization, restructuring, and globalization. They show that the impact of the divide varies according to factors such as race, class, (dis)ability, and sexual identity as they intersect with gender.
Challenging the Public/Private Divide provides a wealth of information and analysis on current issues in Canada society, from child care to violence against women. Its impact will be felt in diverse disciplines, such as: law, public administration, political science, sociology, women's studies, and criminology.
Feminist scholars in disciplines ranging from law to geography challenge our traditional notion of a public/private divide in legal and public policy in Canada and internationally
[From Challenging the Public/Private Divide - University of Toronto Press]
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