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K - Law - Concordia University Libraries Recent Acquisitions

Items in Law that were added to the Concordia University Libraries collection in the last 60 days.


  • Enterprises, localities, people, and policy in the South China Sea : beneath the surface / Jonathan Spangler, Dean Karalekas, Moises Lopes de Souza, editors
    KZA1692

  • Legal aspects around satellite constellations / Annette Froehlich, editor
    K4135

  • SCOTUS 2018 : Major Decisions and Developments of the US Supreme Court / David Klein, Morgan Marietta, editors
    KF8741.A53

  • Doing things the right way : Dene traditional justice in Lac La Martre, N.W.T. / by Joan Ryan ; research partners, Lac La Martre Band Council, Dene Cultural Institute, Arctic Institute of North America ; research team, Marie Adele Rabesca, researcher and others
    KEN 5929 T48R93 1995eb

  • Delivering policy : the contested politics of assisted reproductive technologies in Canada / Francesca Scala
    KE 3660.5 S33 2019
    Are assisted reproductive technologies (ARTs) a medical issue or a matter of public policy, subject to restrictions? Francesca Scala employs the concept of boundary work to explain the protracted debates that ensued when Canada appointed a royal commission in 1989 to settle the issue. She reveals that both sides of the debate attempted to secure their position as authorities by challenging, defending, or blurring the boundaries between science and politics. This compelling account contributes to our understanding of the interaction between science and politics, the exercise of social control over science and technology, and the politics of expertise in policy making.

  • Healthcare antitrust, settlements, and the Federal Trade Commission / edited by James Langenfeld and Edwin Galeano
    K 3850 H43 2018eb
    This volume of Research in Law and Economics contains articles that address important legal and economic developments in the areas of healthcare, intellectual property and labor settlements, competitive effects, cartel overcharges, and the U.S. Federal Trade Commission ("FTC"). Four of the articles were initially presented at a conference on healthcare competition in Washington, D.C., which was sponsored by the American Antitrust Institute, this journal, and Navigant Economics. These articles explore practices that are under challenge in pharmaceuticals, where the Federal Trade Commission has been extremely active, as well as issues involving hospital and health insurance mergers. They are followed by a long and detailed discussion of the current and historic role of economists and economic analysis at the Federal Trade Commission. The next two articles analyze different aspects of the French economy, pre-trial labor settlements and the impact of e-commerce on franchisees. The volume ends with three technical economics articles - one on "upward pricing pressure", one on estimating price increases in cartel cases, and one critiquing a "meta-analysis" of research on the effectiveness of U.S. merger regulation. Taken together, these articles raise questions about appropriate competition policy, how to evaluate settlements and other firm behavior, and where economics and competition policy are headed.

  • Advances in taxation. edited by John Hasseldine
    K 4460.4 A38 2018eb
    Volume 25 features eight articles. In the lead article, Savannah Guo, Sabrina Chi, and Kirsten Cook examine short selling as one external determinant of corporate tax avoidance and find that short interest is negatively associated with subsequent tax-avoidance levels and this effect is incremental to other factors identified by prior research.
    Next, Mark Bauman and Cathalene Rogers Bowler examine the effect of FIN48 on earnings management activity, by focusing on changes in the deferred tax asset valuation allowance. In the third article, Anthony Billings, Cheol Lee, and Jaegul Lee study whether the lowering of dividend taxes as part of the U.S. Jobs and Growth Tax Relief Reconciliation Act of 2003 resulted in an increase in dividend payouts at the expense of R&D spending.
    The fourth article by Brian Dowis and Ted Englebrecht examines reasonable compensation in closely-held corporations and the impact of gender, political affiliation, and family makeup on decisions made in the U.S. Tax Court. Then, a practice-related study by Sonja Pippin, Jeffrey Wong, and Richard Mason reports on a survey of Americans living abroad on the impact of tax rules explicitly designed for these individuals. They find that Americans living abroad experience the Foreign Account Tax Compliance Act as negatively impacting their lives.
    The next three articles in this volume have an international focus. Zakir Akhand investigates the effects of the corporate sector on the effectiveness of selected tax compliance instruments in the context of large Bangladesh corporate taxpayers. K-Rine Chong and Murugesh Arunachalam examine the determinants of enforced tax compliance behaviour of Malaysian citizens with trust in the tax agency assumed to be a mediating variable. Lastly, Bitzenis and Vasileios investigate the effect of the economic downturn in Greece on the factors determining the level of tax morale through primary data from a European Union funded research project on the Greek shadow economy.

  • Schengen Visa Implementation and Transnational Policymaking : Bordering Europe / Federica Infantino
    KJE6040 .I55 2019eb

  • The free exercise of religion in America : its original constitutional meaning / Ellis M. West
    KF4783

  • Illiberal transitional justice and the Extraordinary Chambers in the Courts of Cambodia / Rebecca Gidley
    KZ1208.C36

  • The MiFID II framework : how the new standards are reshaping the investment industry / Mario Comana, Daniele Previtali and Luca Bellardini
    KJE2245

  • By law or in justice : the Indian Specific Claims Commission and the struggle for indigenous justice / Jane Dickson
    KE 7718 D53 2018
    The Indian Specific Claims Commission (ICC) was formed in 1991 in response to the Oka crisis. Its purpose was to resolve claims arising from promises made to Indigenous nations in treaties, the federal Indian Act, and within other Crown obligations. This book traces the history of Indigenous claims and the work of the ICC. Written by longstanding ICC Commissioner Jane Dickson, it provides an unflinching look at the inquiry process and the parties involved. Dickson draws upon the records of the commission and her long research and experience with Indigenous claims to provide a balanced, careful analysis of Canada's claims policy; she also makes a passionate plea for greater claims justice.

  • Historical foundations of the common law [by] S.F.C. Milsom
    KD 671 M54 1969

  • The Politics of informal justice / edited by Richard L. Abel. Vol. 2, Comparative studies
    K2100
    The Politics of Informal Justice

  • Encyclopedia of public international law / Publ. under the auspices of the Max Planck Inst. for Comparative Public Law and Internat. Law under the direction of Rudolf Bernhardt. Advisory board: L. Bindschedler ...
    KZ3410

  • Encyclopedia of public international law.
    KZ1160

  • Encyclopedia of public international law. published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Rudolf Bernhardt
    KZ 1160 E537 1984
    History of International Law · Foundations and Principles of International Law · Sources of International Law · Law of Treaties

  • Architect's legal handbook : the law for architects / [edited by] Anthony Speaight, Gregory Stone
    KD 2978 A35 1990eb
    Architect's Legal Handbook: The Law for Architects, Fifth Edition is a collection of papers including those on International Work by Architects, on European community Law affecting Architects, and the Architects' Professional Indemnity Insurance.
    This collection is a comprehensive guideline to laws in England, Scotland, and the European community. This handbook seeks to make architects more aware of where possible legal pitfalls may lurk. Coverage is updated to include changes in English Law, Scottish Law, English Law of Contract, the Law of Tort, Architect's Appointment and Collateral Warranties, Architects' Liability, English and Scottish Land Laws, and the Standard Building Contracts in England. The origins and sources of the laws and the basic principles are explained, which guide the reader into how these are applied in the architects' relations with their clients and clients; contractors. A wider discussion is given on the topic of collateral warranties, incorporation options, and legal organizations such as partnerships and limited companies. Upon the formation of the European Community, institutions and treatises have arisen, so a review of technical harmonization and standards, right of establishment and freedom to provide services, product liability, and consumer protection is provided in order. The international workplace for British architects is also discussed, covering most countries in Europe.
    This collection of papers will prove useful for architects and engineers, especially those who want to put up their own architectural firms. The book can be likewise an informative source for architectural students, lawyers, and professors in business and commercial law.

  • Encyclopedia of public international law. published under the auspices of the Max Planck Institute for Comparative Public Law and International Law ; under the direction of Rudolf Bernhardt
    KZ 1160 E53 1983eb

  • The administration of civil justice in England and Wales, by R.W. Vick and C.F. Shoolbred. Foreword by Lord Sellers
    KD 7100 V53 1968

  • Linguistic evidence : language, power, and strategy in the courtroom / William M. O'Barr
    K 2251 O22 1995eb
    With the permission of a North Carolina court, more than 150 hours of courtroom speech were recorded for this study. These tapes provided a rich archive for a variety of different types of inquiry, including the ethnography of courtroom speech and social psychological experiments focused on effects of different modes of presenting information in courts of law. Four sets of linguistic variables and related experimental studies have constituted a major portion of the research: (1) "powerful" versus "powerless" speech; (2) hypercorrect versus formal speech; (3) narrative versus fragmented testimony, and (4) simultaneous speech by witnesses and lawyers. All four sets of studies focus on the central question of importance of form over content of testimony.

  • Encyclopedia of public international law. published under the auspices of the Max Planck Institute for Comparative Public Law and International Law ; under the direction of Rudolf Bernhardt
    KZ 1160 E53 1981eb
    Encyclopedia of Public International Law, 2: Decisions of International Courts and Tribunals and International Arbitrations focuses on articles on cases of major importance in international law that have come before international courts and arbitral tribunals.

    The publication first elaborates on the Abu Dhabi Oil Arbitration, Acquisition of Polish Nationality, Admission of a State to Membership in United Nations, Aramco Arbitration, Argentina-Chile Frontier Case, and Arbitration Award under the Treaty of Finance and Compensation of 1961. The text then takes a look at the Barcelona Traction Case, Buraimi Oasis Dispute, Certain Expenses of the United Nations, Clipperton Island Arbitration, Costa Rica Packet Arbitration, and Customs Regime between Germany and Austria. The manuscript examines the Tinoco Concessions Arbitration, Timor Island Arbitration, Sovereignty over Certain Frontier Land Case (Belgium/Netherlands), Sapphire Arbitration, Railway Traffic between Lithuania and Poland, Preferential Claims against Venezuela Arbitration, and Pious Fund Arbitration.

    The publication is a dependable source of data for researchers interested in the decisions of international courts and tribunals and international arbitrations.

  • Protecting the social service client : legal and structural controls on official discretion / Joel F. Handler
    KF 3721 H36 1979

  • Development, human rights, and the rule of law : report of a conference held in The Hague on 27 April-1 May 1981 / convened by the International Commission of Jurists
    K 3239.6 D49 1981

  • Toward a general theory of social control / edited by Donald Black
    HM 291 T66 1984

  • Civil appellate practice in the Minnesota Court of Appeals / Laura S. Underkuffler, David W. Larson
    KFM 5956 U53 1986eb
    Civil Appellate Practice in the Minnesota Court of Appeals is a comprehensive practitioner's guide to civil appellate practice and procedure in the Minnesota Court of Appeals. Rules, case law, and practical considerations that bear on practice in the Minnesota Court of Appeals are the book's primary concern. Decisions by the Minnesota Supreme Court that bear on practice in the intermediate court, or that are of general applicability, are included as well.
    The book begins with a brief description of the history and organization of the court of appeals. It then proceeds to take the reader through the various steps encountered in the prosecution of a case through the intermediate appellate court. Areas covered include jurisdiction; the initiation of appellate proceedings, including appealable judgments and orders, the effect of an appeal on remaining trial court proceedings, the procedure for appeal by multiple parties, the scope of review on appeal from a judgment or order, the time within which an appeal must be taken, and the manner in which an appeal must be perfected; the procedure involved in obtaining a writ of mandamus or prohibition; preargument motion practice; the record on appeal; the preparation of briefs and appendixes; oral argument; and postdecision procedures.

  • Redundancy and the law : a short guide to the law on dismissal with and without notice, and rights under the Redundancy Payments Act 1965 / [by] Michael H. Whincup
    KD3111

  • A modern view of the law of torts / by J.S. Colyer, M.A
    KD 1949 C6 1966eb
    A Modern View of the Law of Torts provides the important aspects of the law of torts, which is an area of law that covers the majority of all civil lawsuits.
    This book begins with a description of the civil rights of an individual who is wronged by another person, followed by a particular attention to the remedies that are available to people who are wronged by any of the standard torts.
    Chapters of this book are devoted to specific torts, such as negligence, defamation, and trespass. Specifically, the law of negligence has been fully dealt with, as more and more of the problems of the law of torts are being solved by the courts with reference to the developing principles of the law of negligence.
    This publication provides an interesting approach to the study of torts, which is equally useful to students and the lay person.

  • Legal reminders for architects / Elizabeth Phillips and Meyricke Serjeantson ; with a foreword by Sir Andrew Derbyshire, Chairman of RMJM
    KD 2978 P55 1988eb
    Legal Reminders for Architects provides a basic introduction to the range of legislation which encompasses all planning and building work in England and Wales.

    The book contains a summary of each law that may affect an architect, and where appropriate, suggestions for a suitable procedure to follow. It also explains less well known terms in planning, building, and employment. The text is organized into 19 chapters, which elucidates the legislation on such aspects as town and country planning, site appraisal, building control, and health and safety. The laws governing the conduct of businesses and partnerships, the employment protection law, and building regulations are elaborated as well.

    This book is intended for use by architects and architectural students.

  • Encyclopedia of public international law. published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Rudolf Bernhardt
    KZ1160
    Encyclopedia of Disputes Installment 10

  • ADR and the courts : a manual for judges and lawyers : innovative strategies for case management, early settlement, and dispute resolution / by the CPR Legal Program ; Erika S. Fine, editor ; Elizabeth S. Plapinger, assistant editor
    KF 9084 A92 1987eb
    ADR and the Courts: A Manual for Judges and Lawyers focuses on new methods in the judicial system.

    The selection first elaborates on an overview of private ADR, semi-binding forums, and court-annexed arbitration. Discussions focus on implications for the federal district courts, effectiveness, jurisdiction, objectives, court-annexed arbitration, Michigan "Mediation" or valuation, private processes, litigation management, and dispute prevention. The text then ponders on Michigan Mediation, settlement hearings, forms for summary jury trials, and mini-trials in the District Of Massachusetts.

    The book tackles volunteer attorney mediation in Washington, orders and other materials from the mediation program in the United States District Court for the District Of Kansas, and orders regarding early neutral evaluation. Topics include notice of selection of case for early neutral evaluation, mechanics of mediation, format of the settlement conference, evaluation of the mediation program, and case selection.

    The selection is a dependable reference for lawyers and judges.

  • A user's guide to copyright / by Michael F. Flint
    KD 1289.3 F55 1979eb
    A User's Guide to Copyright is intended as a guide and a reference work on all aspects of copyright, including ownership, transmission, and licensing. This book also deals with the more straightforward copyright problems that arise and explores copyright law as it applies to certain organizations, businesses, and people for whom copyright plays an important part in their daily life, from publishers and printers to libraries, schools, music industry, film industry, television and radio stations, computer software and firmware, and character merchandising.
    This book is comprised of 29 chapters divided into two sections and begins with an overview of copyright law, paying particular attention to the basic rules of copyright, statutes and statutory instruments, and Copyright Act 1956. The reader is then introduced to copyright works encompassing literature, drama, music, and the arts as well as sound recordings, cinematograph films, and television and radio broadcasts. The following chapters discuss the concept of originality, breach of confidence, and publication in relation to copyright. Infringement of copyright is also considered, along with exceptions and defenses to copyright actions; the law on industrial designs; and the uses of copyright in fields such as publishing, music, libraries, performing arts, and architecture.
    This monograph is designed to assist people whose work involves them in day-to-day dealings with copyright.

  • Tariff negotiations and renegotiations under the GATT and the WTO : procedures and practices / Anwarul Hoda
    K 4600 H63 2018
    Over the past seven decades, since the General Agreement on Tariffs and Trade (GATT) was established in 1947, there has been a phenomenal increase in international trade in goods, largely due to sustained efforts by the world's main trading nations to reduce and eliminate tariff barriers in a multilaterally orchestrated manner. This publication reviews how the procedures and practices relating to tariff negotiations and renegotiations have evolved over this time. In particular, this new edition recounts how negotiations to expand the duty-free coverage of the Information Technology Agreement were concluded and provides an account of tariff renegotiations regarding successive enlargements of the European Union. It also covers tariff negotiations for the accession of a number of new members to the WTO, such as China and Russia. This book will be of particular interest to negotiators, members of government, trade ministries, economists and academics specialized in trade policy.

  • The Canadian Constitution in transition / edited by Richard Albert, Paul Daly, and Vanessa MacDonnell
    KE 4219 C345 2019

    The year 2017 marked the 150th anniversary of Confederation and the 1867 Constitution Act . Anniversaries like these are often seized upon as opportunities for retrospection. This volume, by contrast, takes a distinctively forward-looking approach. Featuring essays from both emerging and established scholars, The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come. Moving beyond the frameworks that previous generations used to organize constitutional thinking, the scholars in this volume highlight new and innovative approaches to perennial problems, and seek new insights on where constitutional law is heading.

    Featuring fresh scholarship from contributors who will lead the constitutional conversation in the years ahead - and who represent the gender, ethnic, linguistic, and demographic make-up of contemporary Canada - The Canadian Constitution in Transition enriches our understanding of the Constitution of Canada, and uses various methodological approaches to chart the course toward the bicentennial.


  • The ethics of multiple citizenship / Ana Tanasoca
    K 7128 D8 T36 2018
    Citizenship is no longer an exclusive relationship. Many people today are citizens of multiple countries, whether by birth, naturalization, or even through monetary means, with schemes fast-tracking citizenship applications from foreigners making large investments in the state. Moral problems surround each of those ways of acquiring a second citizenship, while retaining one's original citizenship. Multiple citizenship can also have morally problematic consequences for the coherence of collective decisions, for the constitution of the demos, and for global inequality. The phenomenon of multiple citizenship and its ramifications remains understudied, despite its magnitude and political importance. In this innovative book, Ana Tanasoca explores these issues and shows how they could be avoided by unbundling the rights that currently come with citizenship and allocating them separately. It will appeal to scholars and students of normative political theory, citizenship, global justice, and migration in political science, law, and sociology.

  • Privacy's blueprint : the battle to control the design of new technologies / Woodrow Hartzog
    KF 1262 H37 2018

    Every day, Internet users interact with technologies designed to undermine their privacy. Social media apps, surveillance technologies, and the Internet of Things are all built in ways that make it hard to guard personal information. And the law says this is okay because it is up to users to protect themselves--even when the odds are deliberately stacked against them.

    In Privacy's Blueprint, Woodrow Hartzog pushes back against this state of affairs, arguing that the law should require software and hardware makers to respect privacy in the design of their products. Current legal doctrine treats technology as though it were value-neutral: only the user decides whether it functions for good or ill. But this is not so. As Hartzog explains, popular digital tools are designed to expose people and manipulate users into disclosing personal information.

    Against the often self-serving optimism of Silicon Valley and the inertia of tech evangelism, Hartzog contends that privacy gains will come from better rules for products, not users. The current model of regulating use fosters exploitation. Privacy's Blueprint aims to correct this by developing the theoretical underpinnings of a new kind of privacy law responsive to the way people actually perceive and use digital technologies. The law can demand encryption. It can prohibit malicious interfaces that deceive users and leave them vulnerable. It can require safeguards against abuses of biometric surveillance. It can, in short, make the technology itself worthy of our trust.


  • The law of failure : a tour through the wilds of American business insolvency law / Stephen J. Lubben, Seton Hall University School of Law
    KF 1539 L93 2018
    If a broker-dealer liquidates in federal bankruptcy court, why does an insurance company liquidate in state court, and a bank outside of court altogether? Why do some businesses re-organize under state law 'assignments', rather than the more well-known Chapter 11 of the Bankruptcy Code? Why do some laws use the language of bankruptcy but without advancing policy goals of the Bankruptcy Code? In this illuminating work, Stephen J. Lubben tackles these questions and many others related to the collective law of business insolvency in the United States. In the first book of its kind, Lubben notes the broad similarities between the many insolvency systems in the United States while describing the fundamental differences lurking therein. By considering the whole sweep of these laws - running the gamut from Chapter 11 to obscure receivership provisions of the National Bank Act - readers will acquire a fundamental understanding of the 'law of failure'.

  • Insider trading : law, ethics, and reform / John P. Anderson
    KF 1073 I5 A95 2018
    As long as insider trading has existed, people have been fixated on it. Newspapers give it front page coverage. Cult movies romanticize it. Politicians make or break careers by pillorying, enforcing, and sometimes engaging in it. But, oddly, no one seems to know what's really wrong with insider trading, or - because Congress has never defined it - exactly what it is. This confluence of vehemence and confusion has led to a dysfunctional enforcement regime in the United States that runs counter to its stated goals of efficiency and fairness. In this illuminating book, John P. Anderson summarizes the current state of insider trading law in the US and around the globe. After engaging in a thorough analysis of the practice of insider trading from the normative standpoints of economic efficiency, moral right and wrong, and virtue theory, he offers concrete proposals for much-needed reform.

  • Sedition in liberal democracies / Anushka Singh
    KNS 172 P6 S56 2018
    Examining the relationship between sedition and liberal democracies, particularly in India, this book looks at the biography of sedition laws, its contradictory position against free speech, and democratic ethics. Recent sedition cases registered in India show that the law in its wide anddiverse deployment was used against agitators in a community-based pro-reservation movement, group of university students for their alleged "anti-national" statements, anti-liquor activists, and anti-nuclear movement, to name a few. Set against its contemporary use, this book has used sedition as alens to probe the fate of political speech in liberal democracy.The lived reality of the law of sedition in changing anthropological sites is juxtaposed with its positivist existence. Anushka Singh uses a comparative framework keeping in focus the Indian experience backed by fieldwork in Haryana, Maharashtra, and Delhi, and includes a comparative perspectivefrom England, the USA, and Australia to contribute to debates on sedition within liberal democracies at large, especially in the wake of the proliferation of counter-terror legislations.

  • Reflections on Canada's past, present and future in international law = Réflexions sur le passé, le présent et l'avenir du Canada en matière de droit international / Oonagh E. Fitzgerald, Valerie Hughes and Mark Jewett, editors
    KE 4252 R44 2018
    Marking 150 years since Confederation provides an opportunity for Canadian international law practitioners and scholars to reflect on Canada?s rich history in international law and governance, where we find ourselves today in the community of nations, and how we might help shape a future in which Canada?s rules-based and progressive approach to international law gains ascendancy. This collection of essays, each written in the official language chosen by the authors, provides a thoughtful perspective on Canada?s past and present in international law, surveys the challenges that lie before us, and offers renewed focus for Canada?s pursuit of global justice and the rule of law. Part I explores the history and practice of international law, including sources of international law, Indigenous treaties, international treaty diplomacy, domestic reception of international law, and Parliament?s role in international law. Part II explores Canada?s role in international law, governance and innovation in the broad fields of economic, environmental, and intellectual property law. Part III explores Canadian perspectives on developments in international human rights and humanitarian law, including judicial implementation of these obligations, international labour law, business and human rights, international criminal law, war crimes, child soldiers, and gender. Reflections on Canada?s Past, Present and Future in International Law/Réflexions sur le passé, le présent et l?avenir du Canada en droit international demonstrates the pivotal role that Canada has played in the development of international law and signals the essential contributions the country is poised to make in the future.

  • Suffer the little children : genocide, indigenous children, and the Canadian state / by Tamara Starblanket ; foreword by Ward Churchill
    KE 7722 I58 S73 2018
    Originally approved as a master of laws thesis by a respected Canadian university, this book tackles one of the most compelling issues of our time--the crime of genocide--and whether in fact it can be said to have occurred in relation to the many Original Nations on Great Turtle Island now claimed by a state called Canada. It has been hailed as groundbreaking by many Indigenous and other scholars engaged with this issue, impacting not just Canada but states worldwide where entrapped Indigenous nations face absorption by a dominating colonial state.Starblanket unpacks Canada's role in the removal of cultural genocide from the Genocide Convention, though the disappearance of an Original Nation by forced assimilation was regarded by many states as equally genocidal as destruction by slaughter. Did Canada seek to tailor the definition of genocide to escape its own crimes which were then even ongoing? The crime of genocide, to be held as such under current international law, must address the complicated issue of mens rea (not just the commission of a crime, but the specific intent to do so). This book permits readers to make a judgment on whether or not this was the case.Starblanket examines how genocide was operationalized in Canada, focused primarily on breaking the intergenerational transmission of culture from parents to children. Seeking to absorb the new generations into a different cultural identity--English-speaking, Christian, Anglo-Saxon, termed Canadian--Canada seized children from their parents, and oversaw and enforced the stripping of their cultural beliefs, languages and traditions, replacing them by those still in process of being established by the emerging Canadian state. She outlines the array and extent of the destruction which inevitably took place as part of the effort to bring about such a wrenching change--forcible indoctrination by means of massive and widespread death by disease and dilapidated living conditions, torture, forced starvation, labor, and sexual predation--collateral damage to Canada's effort to absorb diverse original nations into one larger, alien and dominating body politic. The cumulative effects of genocide continue to be exhibited by the survivors and their descendants who suffer from the trauma and dysfunction, primarily in healthy proper parenting, which results in ongoing forcible removals via the child welfare systems to this day.

  • Kayanerenkó:wa : the Great Law of Peace / Kayanesenh Paul Williams
    KIF 80 W55 2018
    Several centuries ago, the five nations that would become the Haudenosaunee -- Mohawk, Oneida, Onondaga, Cayuga, and Seneca -- were locked in generations-long cycles of bloodshed. When they established Kayanerenkó:wa, the Great Law of Peace, they not only resolved intractable coinflicts, but also shaped a system of law and government that would maintain peace for generations to come. This law remains in place today in Haudenosaunee communities: an Indigenous legal system, distinctive, complex, and principled. It is not only a survivor, but a viable alternative to Euro-American systems of law. With its emphasis on lasting relationships, respect for the natural world, building consensus, and on making and maintaining peace, it stands in contrast to legal systems based on property, resource exploitation, and majority rule.Although Kayanerenkó:wa has been studied by anthropologists, linguists, and historians, it has not been the subject of legal scholarship. There are few texts to which judges, lawyers, researchers, or academics may refer for any understanding of specific Indigenous legal systems. Following the United Nations Declaration on the Rights of Indigenous Peoples, and a growing emphasis on reconciliation, Indigenous legal systems are increasingly relevant to the evolution of law and society.In Kayanerenkó:wa Great Law of Peace Kayanesenh Paul Williams, counsel to Indigenous nations for forty years, with a law practice based in the Grand River Territory of the Six Nations, brings the sum of his experience and expertise to this analysis of Kayanerenkó:wa as a living, principled legal system. In doing so, he puts a powerful tool in the hands of Indigenous and settler communities.

  • Human rights transformation in practice / edited by Tine Destrooper and Sally Engle Merry
    K 3240 H863 2018

    Human rights are increasingly described as being in crisis. But are human rights really on the verge of disappearing? Human Rights Transformation in Practice argues that it is certainly the case that human rights organizations in many parts of the world are under threat, but that the ideals of justice, fairness, and equality inherent in human rights remain appealing globally--and that recognizing the continuing importance and strength of human rights requires looking for them in different places. These places are not simply the Human Rights Council or regular meetings of monitoring committees but also the offices of small NGOs and the streets of poor cities.

    In Human Rights Transformation in Practice , editors Tine Destrooper and Sally Engle Merry collect various approaches to the questions of how human rights travel and how they are transformed, offering a corrective to those perspectives locating human rights only in formal institutions and laws. Contributors to the volume empirically examine several hypotheses about the factors that impact the vernacularization and localization of human rights: how human rights ideals become formalized in local legal systems, sometimes become customary norms, and, at other times, fail to take hold. Case studies explore the ways in which local struggles may inspire the further development of human rights norms at the transnational level. Through these analyses, the essays in Human Rights Transformation in Practice consider how the vernacularization and localization processes may be shaped by different causes of human rights violations, the perceived nature of violations, and the existence of networks and formal avenues for information-sharing.

    Contributors : Sara L. M. Davis, Ellen Desmet, Tine Destrooper, Mark Goodale, Ken MacLean, Samuel Martínez, Sally Engle Merry, Charmain Mohamed, Vasuki Nesiah, Arne Vandenbogaerde, Wouter Vandenhole, Johannes M. Waldmüller.


  • Unpacking normativity : conceptual, normative, and descriptive issues / edited by Kenneth Einar Himma, Miodrag Jovanović and Bojan Spaić
    K 225 L44 2015
    This book provides a new and wide-ranging study of law's normativity, examining conceptual, descriptive and empirical dimensions of this perennial philosophical issue. It also contains essays concerned with, among other issues, the relationship between semantic and legal normativity; methodological concerns pertaining to understanding normativity; normativity and legal interpretation; and normativity as it pertains to transnational law. The contributors come not only from the usual Anglo-American and Western European community of legal theorists, but also from Latin American and Eastern European communities, representing a diversity of perspectives and points of view - including essays from both analytic and continental methodologies. With this range of topics, the book will appeal to scholars in transnational law, legal sociology, normative legal philosophy concerned with problems of state legitimacy and practical rationality, as well as those working in general jurisprudence. It comprises a highly important contribution to the study of law's normativity.

  • Condo conquest : urban governance, law, and condoization in New York City and Toronto / Randy K. Lippert
    KEO 240 L57 2019
    When condominiums first emerged in North American cities in the 1960s, they were a new kind of housing governed by boards of resident owners volunteering in a community. Condo Conquest shows how the condo and its inner governance have since become something else entirely, taken over - or conquered - by an assemblage of commercial interests specializing in condo law, real estate, security, and property management, as well as growing numbers of non-resident investors. Drawing on the accounts of residents and board directors in Toronto and New York and myriad other sources, Randy Lippert reveals how a growing reliance on commodified technologies, emergent forms of knowledge, and the exploitation of renters are threatening the condo's future and undermining the integrity of urban communities.

  • Human rights, religion and international law / Kerry O'Halloran
    K 3258 O36 2019

    In this book Kerry O'Halloran analyses a subject of international interest - religion - and examines related contemporary issues from a human rights perspective. The book takes the view that while the impact of Islamic State violence has dramatically demonstrated the destructive power of religious extremism for contemporary western societies, there are also good grounds for the latter to examine the extent to which their laws and policies - nationally and internationally - are contributing to religion's currently destabilizing social role. It makes the case for a fuller understanding of the role of religion or belief and argues for a rebalancing of the functional relationship between Church and State both nationally and internationally.

    Beginning with an overview of religion, including an examination of key concepts and constructs, the chapters go on to outline the international framework of related human rights provisions and note the extent of their ratification. It proceeds by identifying a set of themes - such as the Constitutional positioning of religion; law and policy in relation to secularism; faith schools; equality legislation and the religious exemption; and the tension between free speech and religion - and undertakes a comparative evaluation of how these and other themes indicate significant differences in six leading common law jurisdictions as illustrated by their associated legislation and case law. It then considers why this should be and assesses any implications arising.

    This book will be of great interest to students and scholars in the fields of law, religious studies, political science, human rights and social policy.


  • Video games and the law / Ron Gard and Elizabeth Townsend Gard ; with contributions from John Billiris [and six others]
    KF 3994 G37 2017

    The video game industry is big business, not only in terms of the substantial revenue generated through retail sales of games themselves, but also in terms of the size and value of parallel and secondary markets. Consider any popular video game today, and you most likely are looking at a franchise that includes not only the game itself and all of its variants but also toys, books, movies, and more, with legions of fans that interact with the industry in myriad ways. Surveying the legal landscape of this emergent industry, Ron Gard and Elizabeth Townsend-Gard shed light on the many important topics where law is playing an important role. In examining these issues, Video Games and the Law is both a legal and a cultural look at the development of the video game industry and the role that law has played so far in this industry¿s ability to thrive and grow.


  • Philosophical foundations of labour law / edited by Hugh Collins, Gillian Lester, Virginia Mantouvalou
    K 1705 P54 2018
    This collection of essays presents an interdisciplinary investigation by lawyers and philosophers into the philosophical ideas, concepts, and principles that provide the foundation for the field of labour law and employment law. The book addresses the doubts that have been expressed about whether a body of labour law that protects workers is needed at all, what should be regarded as the proper scope of the field in the light of developments such as the integration of work and home life by means of technology, the globalization of the economy, and the precarious kinds of work that thrive in the gig economy.

    Paying particular attention to political philosophy and theories of justice, the contributions focus on four themes: I. freedom, dignity, and human rights; II. distributive justice and exploitation; III. workplace democracy and self-determination; and IV. social inclusion.

  • A history of law in Canada / Philip Girard, Jim Phillips, and R. Blake Brown
    KE 394 G57 2018

    This book is the first of two volumes devoted to the history of law in Canada. This volume begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors and legal culture. The book assumes that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods.

    The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated and mediated by inter-cultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including family law, constitutional, commercial, land settlement and tenure, and criminal.


  • The principles of constitutionalism / N.W. Barber
    K 3161 B37 2018
    In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states.Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study ofthe relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism.The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in theoperation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

  • Impeachment : what everyone needs to know / Michael J. Gerhardt
    KF 5075 G47 2018
    Impeachment: What Everyone Needs to KnowRG is the step back and deep reflection on the law of impeachment that everyone needs now. Written in an accessible and lively question-and-answer format, it offers a timely explanation of the impeachment process from its very meaning to its role inpolitics today. The book defines the scope of impeachable offenses, and how the Constitution provides alternative procedures and sanctions for addressing misconduct in office. It explains why the only two presidential impeachments, those of Andrew Johnson and Bill Clinton, failed to lead to conviction, and how theimpeachments of federal judges illuminate the law and politics of the process. As a legal expert and the only joint witness in the impeachment proceedings against President Clinton, author Michael J. Gerhardt also explores a question frequently asked - will Donald Trump be impeached? This book does not take a side in the debate over the possible impeachment of the president;instead, it is a primer for anyone eager to learn about impeachment's origins, practices, limitations, and alternatives.

  • A guide to the United States Constitution / Erin Ackerman (The College of New Jersey), Benjamin Ginsberg (The Johns Hopkins University)
    KF 4527 G56 2019
    In lively prose, Ackerman and Ginsberg explain the origins of each constitutional provision. They assess the ways in which each has been used and interpreted over time. And they examine the controversies that continue to surround key constitutional principles.

  • The analogy between states and international organizations / Fernando Lusa Bordin, University of Cambridge
    KZ 4850 B67 2018
    The book investigates how an analogy between States and international organizations has influenced and supported the development of the law that applies to intergovernmental institutions on the international plane. That is best illustrated by the work of the International Law Commission on the treaties and responsibility of international organizations, where the Commission for the most part extended to organizations rules that had been originally devised for States. Revisiting those codification projects while also looking into other areas, the book reflects on how techniques of legal reasoning can be - and have been - used by international institutions and the legal profession to tackle situations of uncertainty, and discusses the elusive position that international organizations occupy in the international legal system. By cutting across some foundational topics of the discipline, the book makes a substantive contribution to the literature on subjects and sources of international law.

  • Canada and the ethics of constitutionalism : identity, destiny, and constitutional faith / Samuel V. LaSelva
    KE 4199 L37 2018
    Canada is caught between two empires and between two constitutional systems. However, neither the British model of a "single sovereign" nor the American people's "sacred fire of liberty" matched the pluralistic identity of Canada, so Canadians engaged in constitutional experimentation. In Canada and the Ethics of Constitutionalism Samuel LaSelva argues that, in order to understand the old Canada of Confederation and the new one that followed the Charter of Rights and Freedoms, it is necessary to see how distinctive Canadian constitutionalism is and how that distinctiveness does not depend on borrowings from the British or American constitutional models. LaSelva supports his argument by exploring different aspects of Canada's contribution to the ethics of constitutionalism including the limits of free expression, the Charter's notwithstanding clause, the origins and functions of judicial review, the Quebec secession debate, Aboriginal self-government, and the conception of Canada as a multicultural and multinational mosaic. Through a careful consideration of how Canadian constitutional pluralism with its focus on the rights of others differs from American and British ideas, Canada and the Ethics of Constitutionalism provides engaging answers to contested questions about how Canada was founded and what it has become.

  • Truth and conviction : Donald Marshall Jr. and the Mi'kmaw quest for justice / L. Jane McMillan
    KE 7709 M36 2018
    The name "Donald Marshall Jr." is synonymous with "wrongful conviction" and the fight for Indigenous rights in Canada. In Truth and Conviction, Jane McMillan - Marshall's former partner, an acclaimed anthropologist, and an original defendant in the Supreme Court's Marshall decision - tells the story of how Marshall's life-long battle against injustice permeated Canadian legal consciousness and revitalized Indigenous law. Marshall died in 2009, but his legacy lives on. Mi'kmaq continue to assert their rights and build justice programs grounded in customary laws and practices, key steps in the path to self-determination and reconciliation.

  • Solemn words and foundational documents : an annotated discussion of Indigenous-Crown treaties in Canada, 1752-1923 / Jean-Pierre Morin
    KE 7709 M67 2018

    In Solemn Words and Foundational Documents, Jean-Pierre Morin unpacks the complicated history of Indigenous treaties in Canada. By including the full text of eight significant treaties from across the country--each accompanied by a cast of characters, related sources, discussion questions, and an essay by the author--he teaches readers how to analyze and understand treaties as living documents.

    The book begins by examining treaties concluded during the height of colonial competition, when France and Britain each sought to solidify their alliances with Indigenous peoples. It then goes on to tell the stories of treaty negotiations from across the country: the miscommunication of ideas and words from Crown representatives to treaty text; the varying ranges of rights and promises; treaty negotiations for which we have a rich oral history but limited written records; multiple phases of post-Confederation treaty-making; and the unique case of competing treaties with radically different interpretations.


  • Policy change, courts, and the Canadian Constitution / edited by Emmett Macfarlane
    KE 3098 P65 2018

    Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy.

    While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.


  • Indigenous peoples and the state : international perspectives on the Treaty of Waitangi / edited by Mark Hickford and Carwyn Jones
    KUQ 353.3 1840 I53 2019

    Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand¿s Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.


  • Genre, patrimoine et droit civil : les femmes mariées de la bourgeoisie québécoise en procès, 1900-1930 / Thierry Nootens
    KEQ 245 N66 2018
    Belles résidences, domestiques, voyages? la vie des dames de la bourgeoisie, au début du 20e siècle, n'avait rien à voir avec le quotidien des ménagères de milieu populaire. Ces femmes n'étaient pas totalement à l'abri, néanmoins. Dans Genre, patrimoine et droit civil, Thierry Nootens examine les épreuves traversées par plusieurs dizaines d'entre elles. Faillites, malversations du mari ou ruptures pouvaient menacer leur aisance. Quelle a été la réponse des tribunaux de la province de Québec aux difficultés financières et aux disputes domestiques auxquelles elles durent faire face? De quels savoirs juridiques et pratiques disposaient-elles au moment de se défendre, de faire valoir leurs droits, leurs besoins et ceux de leurs enfants? L'analyse combinée de rapports de jurisprudence et de dossiers judiciaires originaux met en lumière la profonde vulnérabilité de ces épouses pourtant protégées, en théorie, par un contrat de mariage avantageux et par leur appartenance aux classes possédantes. Cette forme particulière de fragilité - fragilité sociale et genrée - n'avait pas encore été explorée systématiquement en histoire canadienne, tout comme la manière dont les juges régulaient les obligations, émotions et rapports de domination au c?ur de l'existence des ménages bourgeois. Pour l'appareil judiciaire, il ne s'agissait pas seulement d'affaires privées. La morale du mariage, socle de l'ordre social dans la province de Québec, était en jeu. Épouses oublieuses de leurs devoirs, maris escrocs ou indignes ont donc vu s'abattre sur eux le courroux de la magistrature.

  • A declaration of the rights of human beings : on the sovereignty of life as surpassing the rights of man / Raoul Vaneigem
    K 3240 V36 2019
    'A declaration of rights is indispensable in order to halt the ravages of despotism.' So wrote the revolutionary Antoine Barnave in support of the Declaration of the Rights of Man and of the Citizen (1789). Sometimes playful or poetic, always provocative, Vaneigem reviews the history of bills of rights before offering his own call, with commentary, for 57 rights yet to be won in a world where the 'freedoms accorded to Man' are no longer merely 'the freedoms accorded by man to the economy'.

  • The indecent screen : regulating television in the twenty-first century / Cynthia Chris
    KF 2840 C48 2018
    The Indecent Screen explores clashes over indecency in broadcast television among U.S.-based media advocates, television professionals, the Federal Communications Commission, and TV audiences. Cynthia Chris focuses on the decency debates during an approximately twenty-year period since the Telecommunications Act of 1996, which in many ways restructured the media environment. Simultaneously, ever increasing channel capacity, new forms of distribution, and time-shifting (in the form of streaming and on-demand viewing options) radically changed how, when, and what we watch. But instead of these innovations quelling concerns that TV networks were too often transmitting indecent material that was accessible to children, complaints about indecency skyrocketed soon after the turn of the century. Chris demonstrates that these clashes are significant battles over the role of family, the role of government, and the value of free speech in our lives, arguing that an uncensored media is so imperative to the public good that we can, and must, endure the occasional indecent screen.

  • Digital copyright law / Cameron Hutchison
    KE 2799 H88 2016
    In Digital Copyright Law , Professor Hutchisonidentifies and analyzes the many novel legal issues that often arise in thisarea of growing importance. This book assesses the developing law against aninterpretive methodology that seeks to rationalize rights, and brings coherenceto the Copyright Act , in the face of challenging digital facts. Includedin this methodology is a detailed analysis ofthe meaning and applicability of the principle of technologicalneutrality.

    This comprehensive treatment of Canadian digital copyrightlaw examines the recent digital amendments to the Act in depth -- includingseparate chapters on technological protection measures (digital locks) and thetreatment of Internet intermediaries. Detailed consideration is given todeveloping caselaw on key issues such as the right to copy, the right tocommunicate a work to the public by telecommunication, the application of fairdealing rules in the digital sphere, and the use of Norwich orders to identifyInternet infringers. Other issues not yet addressed in the law, such as theapplicability of exhaustion rules to digital goods, and private internationallaw rules for ubiquitous infringement, are also discussed.


  • Blockchain regulation and governance in Europe / Michèle Finck, Max Planck Institute for Innovation and Competition (Munich)
    KJE 959.5 C65 F56 2019
    In Blockchain Regulation and Governance in Europe, Michèle Finck examines the relationship between blockchain technology and EU law and introduces the theme of blockchain governance. The book provides a general introduction to blockchains as both a regulatable and a regulatory technology and outlines the interaction between distributed ledger technology and specific areas of EU law, such as the General Data Protection Regulation. It should be read by anyone interested in EU law, the relationship between law, innovation and technology, and technology governance.

  • United Nations Model Double Taxation Convention between developed and developing countries : 2017 update / Department of Economic & Social Affairs
    K 4473.25 U55 2017
    The United Nations Model Double Taxation Convention between Developed and Developing Countries: 2017 Update is a publication geared towards the international community especially developing countries and countries with economies in transition. This new revision of the UN Model updates the widely used 2011 version of the Model. It is important for countries that seek assistance in the negotiation and implementation of modern bilateral double tax treaties reflecting their current circumstances and policy priorities. The Model recognizes that to avoid double taxation of investment, country where the investment takes place and country of the investor often share taxing rights. The Model helps to do it in a way that preserves an appropriate share of taxing rights to developing countries. The Model also promotes cooperation to deal with tax avoidance and evasion.
page last updated on: Monday 27 May 2019
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