« Back | Print 
Concordia.ca   /   Library   /   About   /   News   /   Acquisitions

New books by subject

sort items by: 
 RSS

K - Law - Concordia University Libraries Recent Acquisitions

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


  • Bad judgment : the myth of First Nations equality and judicial independence in Canada / by John Reilly
    KEA 540.5 R4R45 2019eb
    John Reilly's second book, Bad Judgment, details the author's battle with the Canadian justice system and the difficulties he faced trying to adapt Eurocentric Canadian law for the benefit of First Nations people across the country. This revised and updated edition looks at the future of the Canadian legal and political systems as they relate to this country's indigenous communities. Judge John Reilly, now retired, was, at age 30, the youngest jurist ever named to the Provincial Court of Alberta. For most of his 33 years on the bench he was the circuit judge for the Stoney Indian Reserve at Morley, Alberta. During his career he became interested in aboriginal justice. He saw the failure of the "white" legal system to do justice for aboriginal people, the harm caused to them by Canadian colonialism, and the failure of all levels of government, including tribal government, to alleviate their suffering and deal with the conflicting natures of European-style law and indigenous tradition and circumstance. As a result of these realizations, Judge Reilly vowed to improve the delivery of justice to the aboriginal people in his community and used his perceived power as a jurist to make changes to improve the lives of the people in his jurisdiction. Along the way, he came into direct conflict with Canadian judicial administration and various questionable leaders among the echelons of both Canadian and First Nation governments.

  • Une justice coloniale : le système juridique canadien et les Autochtones : témoignage d'un procureur de la Couronne dans l'Arctique canadien / Pierre Rousseau
    KE 7709 R864 2019eb

  • Contributions à l'étude des systèmes juridiques autochtones et coutumiers / sous la direction de Ghislain Otis
    KE 7709 C764 2018eb

  • La rencontre des systèmes juridiques autochtones et étatiques confrontation ou coopération ? = The intersection of Indigenous Laws and State Law : confrontation or cooperation? / sous la direction de Ghislain Otis
    KE 7722 C5O87 2019eb

  • Data protection and the cloud : Are you really managing the risks? / Paul Ticher
    KJE6071

  • Legal data for banking : business optimisation and regulatory compliance / Akber Datoo
    K 1066 D38 2019
    A practical, informative guide to banks' major weakness

    Legal Data for Banking defines the legal data domain in the context of financial institutions, and describes how banks can leverage these assets to optimise business lines and effectively manage risk. Legal data is at the heart of post-2009 regulatory reform, and practitioners need to deepen their grasp of legal data management in order to remain compliant with new rules focusing on transparency in trade and risk reporting. This book provides essential information for IT, project management and data governance leaders, with detailed discussion of current and best practices. Many banks are experiencing recurrent pain points related to legal data management issues, so clear explanations of the required processes, systems and strategic governance provide immediately-relevant relief.

    The recent financial crisis following the collapse of major banks had roots in poor risk data management, and the regulators' unawareness of accumulated systemic risk stemming from contractual obligations between firms. To avoid repeating history, today's banks must be proactive in legal data management; this book provides the critical knowledge practitioners need to put the necessary systems and practices in place.

    Learn how current legal data management practices are hurting banks Understand the systems, structures and strategies required to manage risk and optimise business lines Delve into the regulations surrounding risk aggregation, netting, collateral enforceability and more Gain practical insight on legal data technology, systems and migration

    The legal contracts between firms contain significant obligations that underpin the financial markets; failing to recognise these terms as valuable data assets means increased risk exposure and untapped business lines. Legal Data for Banking provides critical information for the banking industry, with actionable guidance for implementation.


  • Historical Law-Tracts / Henry Home, Lord Kames ; edited and with an Introduction by James A. Harris
    KD 612 K36 2019

    Historical Law-Tracts is one of the earliest contributions to the Scottish Enlightenment project of a historical science of society. Henry Home, Lord Kames (1696-1782), was an influential Scottish judge, a prolific man of letters, and one of the leading figures of the Enlightenment in Scotland, and his goal in this work is to show the study of law as a genuinely scientific inquiry and not a mere collection of facts for the lawyer to memorize. He deployed a large range of ancient, medieval, and early-modern sources to trace the development of law and to explain that development in terms of interactions between principles of human nature and political, economic, and social circumstance. He applied this method in substantial and influential treatments of criminal law and the law of property and also to a diverse range of issues, specifically in Scots law. One of Kames's principal objectives was to expose and discredit the continuing influence of feudal principles in eighteenth-century Scots law and, as such, Historical Law-Tracts can be read as a manifesto for a modern, commercial, Scotland. The work found an international readership as well, especially in America, where it was read as an object lesson in understanding the role of law in a free society.

    In Historical Law-Tracts, Kames combined the natural law framework that underlies his Essays on the Principles of Morality and Natural Religion with the "conjectural," or philosophical, approach to history that would receive its fullest treatment in his Sketches of the History of Man to offer a history of law as a history of the progress of mankind from savage to civil society.

    The Liberty Fund edition supplements Kames's original text with a new introduction providing historical context and biographical information, expansion of Kames's footnotes to explain the often rather obscure system of reference used in the book, translation of the Latin passages, and explanatory annotations relating to important changes that Kames made to the text, including variant readings from earlier editions.

    James A. Harris is Professor of the History of Philosophy at the University of St. Andrews, Scotland. He is the author of Hume: An Intellectual Biography and Of Liberty and Necessity: The Free Will Debate in Eighteenth-Century British Philosophy. He is the editor of the Liberty Fund edition of Kames's Sketches of the History of Man.


  • In Sullivan's shadow : the use and abuse of libel law during the long civil rights struggle / Aimee Edmondson
    KF 1266 E36 2019

    At the end of the nineteenth century, cycling's popularity surged in the Boston area, but by 1900, the trend faded. Within the next few decades, automobiles became commonplace and roads were refashioned to serve them. Lorenz J. Finison argues that bicycling witnessed a renaissance in the 1970s as concerns over physical and environmental health coalesced. Whether cyclists hit the roads on their way to work or to work out, went off-road in the mountains or to race via cyclocross and BMX, or took part in charity rides, biking was back in a major way.

    Finison traces the city's cycling history, chronicling the activities of environmental and social justice activists, stories of women breaking into male-dominated professions by becoming bike messengers and mechanics, and challenges faced by African American cyclists. Making use of newspaper archives, newly discovered records of local biking organizations, and interviews with Boston-area bicyclists and bike builders, Boston's Twentieth­Century Bicycling Renaissance brings these voices and battles back to life.


  • The political constitution : the case against judicial supremacy / Greg Weiner
    KF 5130 W45 2019
    Who should decide what is constitutional? The Supreme Court, of course, both liberal and conservative voices say--but in a bracing critique of the "judicial engagement" that is ascendant on the legal right, Greg Weiner makes a cogent case to the contrary. His book, The Political Constitution , is an eloquent political argument for the restraint of judicial authority and the return of the proper portion of constitutional authority to the people and their elected representatives. What Weiner calls for, in short, is a reconstitution of the political commons upon which a republic stands.

    At the root of the word "republic" is what Romans called the res publica, or the public thing. And it is precisely this--the sense of a political community engaging in decisions about common things as a coherent whole--that Weiner fears is lost when all constitutional authority is ceded to the judiciary. His book calls instead for a form of republican constitutionalism that rests on an understanding that arguments about constitutional meaning are, ultimately, political arguments. What this requires is an enlargement of the res publica, the space allocated to political conversation and a shared pursuit of common things. Tracing the political and judicial history through which this critical political space has been impoverished, The Political Constitution seeks to recover the sense of political community on which the health of the republic, and the true working meaning of the Constitution, depend.

  • Redistricting : a manual for analysts, practitioners, and citizens / Peter A. Morrison, Thomas M. Bryan
    KF 4905 M67 2019eb

  • The half breed tracts in early national America : changing concepts of land and place / David Ress
    KF574

  • Insanity and immigration control in New Zealand and Australia, 1860-1930 / Jennifer S. Kain
    KU2144

  • Paradigm shift of education governance in China : two compulsory education legislation episodes: 1986 vs 2006 / Yan Wang
    KNQ3138

  • Risk and regulation in Euro Area banks : completing the banking union / Francesca Arnaboldi
    KJE2188

  • Groundwater and environment policies for Vietnams Mekong Delta / Vo Thanh Danh
    KPV 3046 D36 2019

  • Adolescents and constitutional law : regulating social contexts of development / Roger J. R. Levesque
    K639

  • Accounting, legal, and tax aspects of corporate acquisitions [by] Joseph R. Guardino
    KF 1477 G8

  • The legal status of the tenant farmer in the Southeast
    KF 593 F3M35

  • L'école publique confessionnelle au Québec : judgement rendu dans l'affaire Notre-Dame-des-Neiges, 17 avril 1980 / Jules Deschênes
    KE 237 Q4D47

  • Victims of justice / Dorothe Matzner and Margaret English
    KF 221 M8M38 1973

  • New developments and selected problems in estate planning and the use of trusts : [Conference papers]
    KE 5974 A66N48X 1982

  • Emerging issues in Islamic finance law and practice in Malaysia / edited by Umar A. Oseni, M. Kabir Hassan, and Rusni Hassan
    KPG 885 E44 2019eb
    Law and regulation are becoming increasingly important in any discourse involving the Islamic financial services industry. This important aspect comprises both the legal and Sharīʿah aspects from the pre-contract stage up to the post-execution phase, and even post-contract termination phase. Emerging Issues in Islamic Finance Law and Practice in Malaysia focuses on emerging legal, Sharī'ah and regulatory issues in the Islamic finance industry in Malaysia. Through the lens of the Malaysian legal framework, financial experts Umar A. Oseni, M. Kabir Hassan, and Rusni Hassan and their expert contributors raise and discuss issues that cut across borders and, as such, can be transposed to other Islamic finance jurisdictions. With the different perspectives and approaches adopted by various chapters, Emerging Issues is specifically designed to meet the needs of academics and practitioners of Islamic finance law to provide general legal and Sharīʿah guidance on the emerging issues identified. In Emerging Issues , Oseni, Hassan and Hassan provide rigorous research for curious minds who seek to ascertain the position of Islamic law on certain new issues, such as the application of Fintech in Islamic finance and the regulation of digital currencies. Readers will also benefit from the case studies included, which are based on the Malaysian legal and Sharīʿah framework since Malaysia is generally considered a model for other Islamic finance jurisdictions.

  • Reports of cases argued and determined in the Court of King's bench, with tables of the names of cases and principal matters. By Edward Hyde East ... Containing the cases in the 41st year of Geo. III. 1800/1801 [to the 52d and 53d years of Geo. III. 1812]
    KD 200.3 1801-1814 E3+

  • Trials for high treason in Scotland : under a Special Commission, held at Stirling, Glasgow, Dumbarton, Paisley, and Ayr, in the year 1820 / taken in short-hand by C.J. Green
    KDC 185 T7A3+

  • Notes toward a performative theory of assembly / Judith Butler
    K 3256 B88 2015

    Judith Butler elucidates the dynamics of public assembly under prevailing economic and political conditions, analyzing what they signify and how. Understanding assemblies as plural forms of performative action, Butler extends her theory of performativity to argue that precarity--the destruction of the conditions of livability--has been a galvanizing force and theme in today's highly visible protests.

    Butler broadens the theory of performativity beyond speech acts to include the concerted actions of the body. Assemblies of physical bodies have an expressive dimension that cannot be reduced to speech, for the very fact of people gathering "says" something without always relying on speech. Drawing on Hannah Arendt's view of action, yet revising her claims about the role of the body in politics, Butler asserts that embodied ways of coming together, including forms of long-distance solidarity, imply a new understanding of the public space of appearance essential to politics.

    Butler links assembly with precarity by pointing out that a body suffering under conditions of precarity still persists and resists, and that mobilization brings out this dual dimension of corporeal life. Just as assemblies make visible and audible the bodies that require basic freedoms of movement and association, so do they expose coercive practices in prison, the dismantling of social democracy, and the continuing demand for establishing subjugated lives as mattering, as equally worthy of life. By enacting a form of radical solidarity in opposition to political and economic forces, a new sense of "the people" emerges, interdependent, grievable, precarious, and persistent.


  • Governing corporate tax management : the role of state ownership, institutions and markets in China / Chen Zhang, Rajah Rasiah, Kee Cheok Cheong
    KNQ 3592 Z53 2019eb

  • Reconsidering Judicial Finality Why the Supreme Court is not the Last Word on the Constitution / Louis Fisher
    KF 8748 F57 2019
    Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the "unalterable fact," as Chief Justice Rehnquist once remarked, "that our judicial system, like the human beings who administer it, is fallible." And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions.

    In this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role. The Court's decisions have, of course, been challenged and reversed in numerous cases--involving slavery, civil rights, child labor legislation, Japanese internment during World War II, abortion, and religious liberty. What Fisher shows us on a case-by-case basis is how the elected branches, scholars, and American public regularly press policies contrary to Court rulings--and regularly prevail, although the process might sometimes take decades. From the common misreading of Marbury v. Madison , to the mistaken understanding of the Supreme Court as the trusted guardian of individual rights, to the questionable assumptions of the Court's decision in Citizens United , Fisher's work charts the distance and the difference between the Court as the ultimate arbiter in constitutional matters and the judgment of history.

    The verdict of Reconsidering Judicial Finality is clear: to treat the Supreme Court's nine justices as democracy's last hope or as dangerous activists undermining democracy is to vest them with undue significance. The Constitution belongs to all three branches of government--and, finally, to the American people.

  • Reclaiming Indigenous Governance Reflections and Insights from Australia, Canada, New Zealand, and the United States / edited by William Nikolakis, Stephen Cornell, Harry W. Nelson ; foreword by Sophie Pierre
    K 3247 R43 2019

  • A treatise on the law of libel and the liberty of the press
    KF 9345 C66 1970

  • L'art de juger / Louis Lebel ; sous la direction de Bjarne Melkevik
    KE 8290 L43 2019eb

  • The conceptualization of guardianship in Iranian intellectual history (1800-1989) reading Ibn ʿArabī's theory of Wilāya in the Shīʿa world / Leila Chamankhah
    KBP2535.W55

  • British justice, war crimes and human rights violations : the age of accountability / Susan L. Kemp
    KD 6250 K46 2019

  • A constitutional history of the kingdom of Eswatini (Swaziland), 1960-1982 / Hlengiwe Portia Dlamini
    KTR 172 D53 2019

  • Refugees and the Promise of Asylum in Postwar France, 1945-1995 by Greg Burgess
    KJV4189

  • Emerging ICT policies and regulations roadmap to digital economies / V. Sridhar
    K564.C6

  • Law and development balancing principles and values / Piotr Szwedo, Richard Peltz-Steele, Dai Tamada, editors
    K3820

  • US withholding tax practical implications of QI and FATCA / Ross McGill
    KF6436

  • The Anglo-American conception of the rule of law Nadia E. Nedzel, Nicholas Capaldi
    K3171

  • Towards a Maqāṣid al-Sharīʿah index of socio-economic development theory and application / Salman Syed Ali
    KBP442

  • Ending the Civil War and consequences for Congress / edited by Paul Finkelman and Donald R. Kennon
    KF 7221 E53 2019

  • Megaregulation contested : global economic ordering after TPP / edited by Benedict Kingsbury, David M. Malone, Paul Mertenskötter, Richard B. Stewart, Thomas Streinz, Atsushi Sunami
    K 3840 M44 2019
    The Japan-led Trans-Pacific Partnership (CPTPPA) of 2018 is the most far-reaching "megaregional" economic agreement in force, with several major countries beyond its eleven negotiating countries also interested. Still bearing the stamp of the original US involvement before the Trump-erareversal, TPP is the first instance of 'megaregulation': a demanding combination of inter-state economic ordering and national regulatory governance on a highly ambitious substantive and trans-regional scale. Its text and ambition have influenced other negotiations ranging from the Japan-EUAgreement (JEEPA) and the US-Mexico-Canada Agreement (USMCA) to the projected Pan-Asian Regional Comprehensive Economic Partnership (RCEP).This book provides an extensive analysis of TPP as a megaregulatory project for channelling and managing new pressures of globalization, and of core critical arguments made against economic megaregulation from standpoints of development, inequality, labour rights, environmental interests, corporatecapture, and elite governance. Specialized chapters cover supply chains, digital economy, trade facilitation, intellectual property, currency levels, competition and state-owned enterprises, government procurement, investment, prescriptions for national regulation, and the TPP institutions. Countrystudies include detailed analyses of TPP-related politics and approaches in Japan, Mexico, Brazil, China, India, Indonesia, and Thailand. Contributors include leading practitioners and scholars in law, economics, and political science. At a time when the WTO and other global-scale institutions arestruggling with economic nationalism and geopolitics, and bilateral and regional agreements are pressed by public disagreement and incompatibility with digital and capital and value chain flows, the megaregional ambition of TPP is increasingly important as a precedent requiring the close scrutinythis book presents.

  • Canadian law and indigenous self-determination : a naturalist analysis / Gordon Christie
    KE 7722 C5C47 2019

    For centuries, Canadian sovereignty has existed uneasily alongside forms of Indigenous legal and political authority. Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal and social landscape. Adopting a naturalist analysis, Gordon Christie responds to questions about how to theorize this legal phenomenon, and how the study of law should accommodate the presence of diverse perspectives. Exploring the socially-constructed nature of Canadian law, Christie reveals how legal meaning, understood to be the outcome of a specific society, is being reworked to devalue the capacities of Indigenous societies.

    Addressing liberal positivism and critical postcolonial theory, Canadian Law and Indigenous Self-Determination considers the way in which Canadian jurists, working within a world circumscribed by liberal thought, have deployed the law in such a way as to attempt to remove Indigenous meaning-generating capacity.


  • Taxing robots : helping the economy to adapt to the use of artificial intelligence / Xavier Oberson, Professor, University of Geneva, Switzerland
    K 4487 C65 O24 2019
    The increasing use of artificial intelligence within the workplace is likely to cause significant disruption to the labour market and in turn, to the economy, due to a reduction in the number of taxable workers. In this innovative book, Xavier Oberson proposes taxing robots as a possible solution to the anticipated problem of declining tax revenues. In accordance with guiding legal and economic principles, the book explores the various tax models that could be applied to both the use of robots, such as a usage or automation tax, and to robots directly. Numerous associated issues are discussed, such as the definition of robots for tax purposes, the difficulty of granting a tax capacity to robots, as well as the compatibility of robot taxes with international tax rules. The author concludes by putting forward a possible system for the taxation of robots, taking all of these issues into consideration. Being the first work of its kind to explore the potential for taxing robots in detail, this book will be a unique resource for researchers in the fields of law and economics who have an interest in the impact of artificial intelligence. Lawyers and tax professionals can also benefit from Oberson's insights on what future models of taxation may look like and what the legal consequences may be.

  • Refuge lost : asylum law in an interdependent world / Daniel Ghezelbash
    K 3268.3 G54 2018
    As Europe deals with a so-called 'refugee crisis', Australia's harsh border control policies have been suggested as a possible model for Europe to copy. Key measures of this system such as long-term mandatory detention, intercepting and turning boats around at sea, and the extraterritorial processing of asylum claims were actually used in the United States long before they were adopted in Australia. The book examines the process through which these policies spread between the United States and Australia and the way the courts in each jurisdiction have dealt with the measures. Daniel Ghezelbash's innovative interdisciplinary analysis shows how policies and practices that 'work' in one country might not work in another. This timely book is a must-read for those interested in preserving the institution of asylum in a volatile international and domestic political climate.

  • International migration law / Vincent Chetail
    K 3275 C44 2019
    International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons.The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governingmigration. The current framework is scattered throughout a wide array of rules belonging to numerous branches of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime and air law, criminal law, and consular and diplomatic law. This textbooktherefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates.The book offers a unique and comprehensive overview of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as undocumented migration, nationality, trafficking, family reunification,refugee protection, non-discrimination, regional free movement schemes, and trade and development. It also offers a particular focus on important groups of migrants, namely migrant workers, students, and refugees. It maps the current status of the law governing their movement, providing a thoroughcritical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.

  • 'Climate refugees' : beyond the legal impasse? / edited by Simon Behrman and Avidan Kent
    K 3230 R45 C57 2018

    Current estimates of the numbers of people who will be forced from their homes as a result of climate change by the middle of the century range from 50 to 200 million. Therefore, even the most optimistic projections envisage a crisis of migration that will dwarf any we have seen so far. And yet attempts to develop legal mechanisms to deal with this impending crisis have reached an impasse that shows little sign of being overcome. This is in spite of the rapidly growing academic study and policy development in the area of climate change generally.

    'Climate Refugees': Beyond the Legal Impasse? addresses a fundamental gap in academic literature and policy making ¿ namely the legal ¿no-man¿s land¿ in which the issue of climate refugees currently resides. Past proposals for the regulation of climate-induced migration are evaluated, inter alia by their original authors, and the volume also looks at current attempts to regulate climate-induced migration, including by officials from the International Organization for Migration (IOM), the office of the United Nations High Commissioner for Refugees (UNHCR) and the Platform on Displacement Disaster (PDD).

    Bringing together experts from a variety of academic fields, as well as officials from leading international organisations, this book will be of great interest to students and researchers of Environmental Law, Refugee Law, Human Rights Law, Environmental Studies and International Relations.


  • Fintech : law and regulation / edited by Jelena Madir, Chief Counsel, European Bank for Reconstruction and Development
    KF 974 F5673 2019
    FinTech has developed rapidly in recent years, and with these developments new challenges arise, particularly for regulators: how do you apply current law to these ever-changing concepts in a world of continual technological advancement? Key features include: * Insight from FinTech specialists from 10 countries, unpicking the legal and regulatory issues across banking, payments and fundraising* Detailed clarification on developments in alternative funding platforms, cryptoassets, initial coin offerings, blockchain and smart contracts* Discussion of innovative solutions for regulators including how to combat the challenges of patenting FinTech inventions and regulating robo-advisors* Guidance for law firms on meeting the challenges presented by the speed of technological innovation and new entrants in the financial sector.Offering a thorough overview of the sector for practical use, FinTech: Law and Regulation will be an invaluable guide for in-house lawyers as well as law firms looking for an overview of legal and regulatory issues in FinTech. It will also be an essential text for those looking to understand the breadth of the sector, as well as the key legal and regulatory issues.

  • By the court : anonymous judgments at the Supreme Court of Canada / Peter McCormick and Marc D. Zanoni
    KE 8244 M33 2019
    Any court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a "By the Court" format. This transformative approach abandons the common law tradition of attributing decisions to individual judges. By the Court is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Peter McCormick and Marc Zanoni explore the origins, purposes, and potential future of "By the Court," framing this practice as uniquely Canadian, and the most dramatic form of a modern style that highlights the institution and downplays individual contributions.

  • What has no place, remains : the challenges for Indigenous religious freedom in Canada today / Nicholas Shrubsole
    KE 4430 S57 2019

    The desire to erase the religions of Indigenous Peoples is an ideological fixture of the colonial project that marked the first century of Canada's nationhood. While the ban on certain Indigenous religious practices was lifted after the Second World War, it was not until 1982 that Canada recognized Aboriginal rights, constitutionally protecting the diverse cultures of Indigenous Peoples. As former prime minister Stephen Harper stated in Canada's apology for Indian residential schools, the desire to destroy Indigenous cultures, including religions, has no place in Canada today. And yet Indigenous religions continue to remain under threat.

    Framed through a postcolonial lens, What Has No Place, Remains analyses state actions, responses, and decisions on matters of Indigenous religious freedom. The book is particularly concerned with legal cases, such as Ktunaxa Nation v. British Columbia (2017), but also draws on political negotiations, such as those at Voisey's Bay, and standoffs, such as the one at Gustafsen Lake, to generate a more comprehensive picture of the challenges for Indigenous religious freedom beyond Canada's courts. With particular attention to cosmologically significant space, this book provides the first comprehensive assessment of the conceptual, cultural, political, social, and legal reasons why religious freedom for Indigenous Peoples is currently an impossibility in Canada.


  • The impact of the Mortgage Credit Directive in Europe : contrasting views from member states / edited by Miriam Anderson and Esther Arroyo Amayuelas
    KJE 1360 I47 2017
    How has European Private Law responded to the property and mortgage markets crisis? And in what way is this reaction likely to model domestic systems? The financial and economic crisis that marked the beginning of the century has had a devastating effect on the property and mortgage markets in many Member States of the European Union. Despite this, the European legislator took its time to respond. This book analyzes the impact of the Mortgage Credit Directive (Directive 2014/17) in twelve different jurisdictions: Belgium, England, France, Germany, Greece, Ireland, Italy, Malta, The Netherlands, Poland, Portugal, and Spain. The reports show how in some instances only certain products (such as foreign currency loans) or practices (irresponsible lending, homeownership promoting policies, the use of unfair terms) were factors that triggered the property crash; in other cases; the system completely failed to address an exceptional situation; and, finally, how in some instances prudent lending explained why the market was virtually not hit at all. This book aims to find out whether the two goals of Directive 2014/17 (financial sector stability and enhanced consumer protection) can be achieved in light of its provisions and of the transposition carried out by the different Member States, and whether the changes it introduces have a significant impact in the jurisdictions considered here. Some systems are already showing signs of yet another property bubble. There is room for hope: perhaps we have learned from the past, perhaps the Directive is a step forward, but more importantly this book shows that we can learn from each other. [Subject: European Law, Private Law, Property Law]
Updated: Friday 13 December 2019
Back to top Back to top