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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.

  • Extra-territorial ethnic politics, discourses and identities in Hungary / Szabolcs Pogonyi

  • Understanding transitional justice a struggle for peace, reconciliation, and rebuilding / Giada Girelli

  • Fundamentals of legal argumentation a survey of theories on the justification of judicial decisions / Eveline T. Feteris
    K 212 F48 2017eb

  • Chinese legal reform : the case of foreign investment law / Yan Wang
    KNQ 3202 W36 2003eb
    This collection assesses the legal developments which have taken place since the 1980s in China. It discusses China's achievements in building a new legal system and identifies the theoretical and institutional limitations of China's legal reform. Featuring an extensive case-study of foreign investment law, this book considers a wide-ranging set of interconnecting variables in China's changing social context, in order to examine and illustrate the gap between the text and actual practice of the law, especially as it relates to foreign direct investment. It will be of great interest to students and scholars of Chinese Law, Business and Economics, as well as to business investors in China.

  • Pirrusituqatsajamitigut piqujaqarusingit Nunavimmiut / Liisa Qilurqi Qupirrualuk = Les traditions liées au droit coutumier au Nunavik / Lisa Qiluqqi Koperqualuk = Traditions relating to customary law in Nunavik / Lisa Qiluqqi Koperqualuk
    KE 7735 K67 2015

  • Preparatory principles / edited by Douglas G. Long and Philip Schofield
    K 230 B465 A2 2016
    Preparatory Principles is not a linear text in the conventional sense, but consists of a series of short passages on a variety of topics, whose themes are summarised in marginal headings. The material constitutes a philosophical commonplace book, compiled by Bentham in the mid-1770s, in whichhe worked out the foundational ideas for his new science of legislation. He then drew on this material when composing such works as A Fragment on Government and An Introduction to the Principles of Morals and Legislation. Inspired by such figures as John Locke and Claude Adrien Helvetius, Benthamdeveloped an original ontological and epistemological basis for legal terminology, with the aim of replacing the traditional terminology of English law with that of universal jurisprudence. The work that dominates the text, in that Bentham returns to it time and time again in order to offer criticism of it, is William Blackstone's Commentaries on the Laws of England. While unorganized and fragmentary, the material in Preparatory Principles constitutes a remarkable record of theevolving ideas of a major legal philosopher at a formative stage of his career.

  • Legalist empire : international law and American foreign relations in the early twentieth century / Benjamin Allen Coates
    KF 4581 C63 2016
    After 1898 the United States not only solidified its position as an economic colossus, but by annexing Puerto Rico and the Philippines it had also added for the first time semi-permanent, heavily populated colonies unlikely ever to attain statehood. In short order followed a formalprotectorate over Cuba, the "taking" of Panama to build a canal, and the announcement of a new Corollary to the Monroe Doctrine, proclaiming an American duty to "police" the hemisphere. Empire had been an American practice since the nation's founding, but the new policies were understood asdepartures from traditional methods of territorial expansion. How to match these actions with traditional non-entanglement constituted the central preoccupation of U.S. foreign relations in the early twentieth century.International lawyers proposed instead that the United States become an impartial judge. By becoming a force for law in the world, America could reconcile its republican ideological tradition with a desire to rank with the Great Powers. Lawyers' message scaled new heights of popularity in the firstdecade and a half of the twentieth century as a true profession of international law emerged. The American Society of International Law (ASIL) and other groups, backed by the wealth of the Carnegie Endowment for International Peace, held annual meetings and published journals. They called for thecreation of an international court, the holding of regular conferences to codify the rules of law, and the education of public opinion as to the proper rights and duties of states. To an extent unmatched before or since, the U.S. government-the executive branch if not always the U.S. Senate-embracedthis project. Washington called for peace conferences and pushed for the creation of a "true" international court. It proposed legal institutions to preserve order in its hemisphere. Meanwhile lawyers advised presidents and made policy. The ASIL counted among its first members every living secretaryof state (but one) who held office between 1892 and 1920. Growing numbers of international lawyers populated the State Department and represented U.S. corporations with business overseas. International lawyers were not isolated idealists operating from the sidelines. Well-connected, well-respected,and well-compensated, they formed an integral part of the foreign policy establishment that built and policed an expanding empire.

  • UNCITRAL Secretariat guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) / United Nations Commission on International Trade Law
    K 2400 A41958 U53 2016
    The New York Convention has served as the cornerstone of the international arbitration system since its signature in 1958 until the present day. The Guide on the New York Convention provides an insight on the application of the Convention by State courts. It was initiated in 2010 on the basis of resolution 62/65 of 6 December 2007, when UNCITRAL commissioned the assistance of Professors Gaillard and Bermann as part of its efforts to promote wider adherence to the text of the New York Convention as well as its uniform interpretation and effective implementation. The interpretation that derives from court decisions of diverse jurisdictions makes the Guide a unique tool to understand the New York Convention, an almost universally adopted text, and to monitor its application. It gives expression to the principal finding that the contracting States have interpreted and applied the New York Convention in a consistent manner, and that the Convention continues to fulfill its purpose of facilitating the worldwide recognition and enforcement of arbitral awards to the greatest extent possible. The Guide will no doubt be widely used: as part of UN capacity building efforts, by academics, practitioners, and of course judges faced with decisions on the application of the Convention.

  • Crime, law, and society in the later Middle Ages / selected sources translated and annotated by Anthony Musson with Edward Powell
    K 5032 C75 2009eb
    This book provides an accessible collection of translated legal sources through which the exploits of criminals and developments in the English criminal justice system (c.1215-1485) can be studied. Drawing on the wealth of archival material and an array of contemporary literary texts, it guides readers towards an understanding of prevailing notions of law and justice and expectations of the law and legal institutions. Tensions are shown emerging between theoretical ideals of justice and thepractical realities of administering the law during an era profoundly affected by periodic bouts of war, political in-fighting, social dislocation and economic disaster. Introductions and notes provide both the specific and wider legal, social and political contexts in addition to offering anoverview of the existing secondary literature and historiographical trends. This collection affords a valuable insight into the character of medieval governance as well as revealing the complex nexus of interests, attitudes and relationships prevailing in society during the later Middle Ages.

  • Understanding transitional justice : a struggle for peace, reconciliation, and rebuilding / Giada Girelli
    K 5250 G57 2017

    The book is an accurate and accessible introduction to the complex and dynamic field of transitional and post-conflict justice, providing an overview of its recurring concepts and debated issues. Particular attention is reserved to how these concepts and issues have been addressed, both theoretically and literally, by lawyers, policy-makers, international bodies, and other actors informing the practice. By presenting significant, if undeniably disputable, alternatives to mainstream theories and past methods of addressing past injustice and (re)building a democratic state, the work aims to illustrate some foundational themes of transitional justice that have emerged from a diverse set of discussions. The author's position thus arrives from a careful analysis of the advantages and disadvantages of answers to the question: how, after a traumatic social experience, is justice restored?

  • Enemies known and unknown : targeted killings in America's transnational war / Jack McDonald
    KZ 6373.2 M33 2017
    President Obama was elected on an anti-war platform, yet targeted killings have increased under his command of the "War on Terror". The US thinks of itself as upholding the rule of international law and spreading democracy, yet such targeted killings have been widely decried as extra-judicialviolations of human rights. This book examines these paradoxes, arguing that they are partially explained by the application of existing legal standards to transnational wars. Critics argue that the kind of war the US claims to be waging - transnational armed conflict - doesn't actually exist.McDonald analyses the concept of transnational war and the legal interpretations that underpin it, and argues that the Obama administration's adherence to the rule of law produces a status quo of violence that is in some ways more disturbing than the excesses of the Bush administration.America's interpretations of sovereignty and international law shape and constitute war itself, with lethal consequences for the named and anonymous persons that it unilaterally defines as participants. McDonald's analysis helps us understand the social and legal construction of legitimate violencein warfare, and the relationship between legal opinions formed in US government departments and acts of violence half a world away.

  • Constituents before assembly : participation, deliberation, and representation in the crafting of new constitutions / Todd A. Eisenstadt, A. Carl LeVan, Tofigh Maboudi
    K 3165 E39 2017
    Under what circumstances do new constitutions improve a nation's level of democracy? Between 1974 and 2014, democracy increased in 77 countries following the adoption of a new constitution, but it decreased or stayed the same in 47 others. This book demonstrates that increased participation in the forming of constitutions positively impacts levels of democracy. It is discovered that the degree of citizen participation at the 'convening stage' of constitution-making has a strong effect on levels of democracy. This finding defies the common theory that levels of democracy result from the content of constitutions, and instead lends support to 'deliberative' theories of democracy. Patterns of constitutions are then compared, differentiating imposed and popular constitution-making processes, using case studies from Chile, Nigeria, Gambia, and Venezuela to illustrate the dynamics specific to imposed constitution-making, and case studies from Colombia, Ecuador, Egypt, and Tunisia to illustrate the specific dynamics of popular constitution-making.

  • Dismembered : native disenrollment and the battle for human rights / David E. Wilkins and Shelly Hulse Wilkins
    KIE 2140 W55 2017

    While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens.

    The first comprehensive examination of the origins and significance of tribal disenrollment, Dismembered examines this disturbing trend, which often leaves the disenrolled tribal members with no recourse or appeal. At the center of the issue is how Native nations are defined today and who has the fundamental rights to belong. By looking at hundreds of tribal constitutions and talking with both disenrolled members and tribal officials, the authors demonstrate the damage this practice is having across Indian Country and ways to address the problem.

  • Platonic legislations : an essay on legal critique in ancient Greece / David Lloyd Dusenbury

  • Innovation, Startups and Intellectual Property Management : Strategies and Evidence from Latin America and other Regions / Ignacio De Leon, Jose Fernandez Donoso

  • Youth and the law : new approaches to criminal justice and child protection / Susan Reid, Rebecca Bromwich, Sarah Gilliss
    KE 9445 O55 2015

  • Essential readings in Canadian constitutional politics / edited by Christian Leuprecht and Peter H. Russell
    KE 4199 E87 2011

    Essential Readings in Canadian Constitutional Politics introduces students, scholars, and practitioners to classic authors and writings on the principles of the Canadian Constitution as well as to select contemporary material. To complement rather than duplicate the state of the field, it deals with the Canadian Charter of Rights and Freedoms and with Canadian mega-constitutional politics in passing only, focusing instead on institutions, federalism, intergovernmental relations, bilingualism and binationalism, the judiciary, minority rights, and constitutional renewal. Many of the selections reverberate well beyond Canada's borders, making this volume an unrivalled resource for anyone interested in constitutional governance and democratic politics in diverse societies.

  • Creating efficiencies in the law : substitute powers of attorney :consultation report
    KEM 299.3 C74 2016eb

  • Modernizing the Municipal Council Conflict of interest act : accountability, enforcement : final report
    KEM 479.5 M63 2016eb

  • Cannabis regulation and the UN drug treaties : strategies for reform
    K 3641 C36 2016eb

  • Whose rights are we protecting? : Ensuring the primacy of human rights over investor protections in the international legal regime : a report prepared for the Regional Working Groups of the Canadian Council for International Co-operation / Denis Côté
    KF 1575 A75C678 2016eb

  • Consent and privacy : a discussion paper exploring potential enhancements to consent under the Personal Information Protection and Electronic Documents Act / prepared by the Policy and Research Group of the Office of the Privacy Commissioner of Canada
    KE 1242 C6C656 2016eb

  • Indefeasibility of title and resulting and constructive trusts : issue paper
    KEM 214 A328A2 2016eb

  • Balancing needs, minimizing conflict : a proposal for a mining modernization act, 2008 / [by Maureen Carter-Whitney and Justin Duncan]
    KEO 461 C277 2008eb

  • Perméabilité du système juridique : essais sur le droit de l'État de droit / Pierre Moor
    K 3171 M66 2016eb
    Sous-système social, le droit reçoit des messages de son environnement et, après les avoir élaborés selon son propre code, les transmet sous forme de normes. Une circulation permanente d'informations entre le droit et la société permet une adaptation constante et réciproque, consubstantielle aux garanties d'un Etat de droit. Le présent ouvrage analyse l'impact de l'évolution des tâches étatiques sur les structures du droit public ainsi que les modalités dans lesquelles la production des normes, par l'interprétation et l'application des textes, peut intégrer les conceptions, les moeurs et les savoirs sociaux, assurant ainsi la corrélation entre droit et société.

  • Penser un droit pénal interculturel / Otfried Höffe ; traduit de l'allemand par Lukas K. Sosoe
    K 5029 H6414 2016eb

  • Farm Workers in Western Canada Injustices and Activism
    KE 3196 A37F37 2016eb
    Bill 6, the government of Alberta's contentious farm workers' safety legislation, sparked public debate as no other legislation has done in recent years. The Enhanced Protection for Farm and Ranch Workers Act provides a right to work safely and a compensation system for those killed or injured at work, similar to other provinces. In nine essays, contributors to Farm Workers in Western Canada place this legislation in context. They look at the origins, work conditions, and precarious lives of farm workers in terms of larger historical forces such as colonialism, land rights, and racism. They also examine how the rights and privileges of farm workers, including seasonal and temporary foreign workers, conflict with those of their employers, and reveal the barriers many face by being excluded from most statutory employment laws, sometimes in violation of the Canadian Charter of Rights and Freedoms.Contributors: Gianna Argento, Bob Barnetson, Michael J. Broadway, Jill Bucklaschuk, Delna Contractor, Darlene A. Dunlop, Brynna Hambly (Takasugi), Zane Hamm, Paul Kennett, Jennifer Koshan, C.F. Andrew Lau, J. Graham Martinelli, Shirley A. McDonald, Robin C. McIntyre, Nelson Medeiros, Kerry Preibisch, Heidi Rolfe, Patricia Tomic, Ricardo Trumper, and Kay Elizabeth Turner.

  • Second thoughts : investor-state arbitration between developed democracies / edited by Armand de Mestral ; Marc Bungenberg, Charles-Emmanuel Côté, Armand de Mestral, David A. Gantz, Carmen Otero García-Castrillón, Shotaro Hamamoto, Younsik Kim, Céline Lévesque, Robin Morgan, Csongor István Nagy, Luke Nottage, Ucheora Onwuamaegbu, Hugo Perezcano, August Reinisch, David Schneiderman, Lukas Vanhonnaeker

  • The daunting enterprise of the law : essays in honour of Harry Arthurs / edited by Simon Archer, Daniel Drache, and Peer Zumbansen

  • Natives & settlers, now & then : historical issues and current perspectives on treaties and land claims in Canada / edited by Paul W. DePasquale
    KE 7709.5 N38 2007eb
    "Natives and Settlers provides a beginning to what should be (and should have been) a continuing, respectful discussion." --Blanca Schorcht, Associate Professor, University of Northern British Columbia. Is Canada truly postcolonial? Burdened by a past that remains 'refracted' in its understanding and treatment of Native peoples, this collection reinterprets treaty making and land claims from Aboriginal perspectives. These five essays not only provide fresh insights to the interpretations of treaties and treaty-making processes, but also examine land claims still under negotiation. Natives and Settlers reclaims the vitality of Aboriginal laws and paradigms in Canada, a country new to decolonization.

  • Law's abnegation : from law's empire to the administrative state / Adrian Vermeule
    KF 5425 V47 2016eb

  • Misreading law, misreading democracy / Victoria Nourse
    KF 425 N68 2016

  • Recognition, sovereignty struggles, & indigenous rights in the United States : a sourcebook / edited by Amy E. Den Ouden & Jean M. O'Brien
    KF 8393 R43 2013
    This engaging collection surveys and clarifies the complex issue of federal and state recognition for Native American tribal nations in the United States. Den Ouden and O'Brien gather focused and teachable essays on key topics, debates, and case studies. Written by leading scholars in the field, including historians, anthropologists, legal scholars, and political scientists, the essays cover the history of recognition, focus on recent legal and cultural processes, and examine contemporary recognition struggles nationwide.

    Contributors are Joanne Barker (Lenape), Kathleen A. Brown-Perez (Brothertown), Rosemary Cambra (Muwekma Ohlone), Amy E. Den Ouden, Timothy Q. Evans (Haliwa-Saponi), Les W. Field, Angela A. Gonzales (Hopi), Rae Gould (Nipmuc), J. Kehaulani Kauanui (Kanaka Maoli), K. Alexa Koenig, Alan Leventhal, Malinda Maynor Lowery (Lumbee), Jean M. O'Brien (White Earth Ojibwe), John Robinson, Jonathan Stein, Ruth Garby Torres (Schaghticoke), and David E. Wilkins (Lumbee).

  • Indigenous sovereignty in the 21st century : knowledge for the indigenous spring / by Michael Lerma
    KIE 1885 L47 2014
    A provocative analysis of what "sovereignty" means to indigenous nations, challenging commonly held conceptions about the relationship between sovereignty and economic development.

  • Surety bonds for construction contracts / Jeffrey S. Russell
    KF 1228 R87 2000eb

    This book presents the complex field of suretyship for construction contracts by describing and analyzing each element of the surety bonding process in basic terms. Russell unravels the suretyship puzzle through numerous examples and extended case studies drawn from real-world experience. Sample bond forms and surety documents, as well as an extensive glossary of key terms, serve to further illustrate each step of the bonding process.

    As the only comprehensive treatment of surety bonding for construction contracts, this book explains the details of suretyship as well as these topics:

    How surety bonds function, How a contractor can secure bonding, Who the key players are in the surety relationship and how they interact, How to properly structure key documents, What a contractor should look for in a surety and in an independent surety agent, Why the private owner should consider surety bonding to guarantee projects, How surety bond claims are handled, and The steps a surety company may take when contractor default occurs.

    In addition to exploring the many facets of the bonding relationship, this book describes many subtleties of this endeavor, including the surety's role in prequalifying contractors and why an owner might consider requiring or waiving surety bonds; opportunities to benefit from the financial analysis of the underwriter; and alternatives to surety products for contractors who may have experienced difficulties acquiring bonding. This book also covers such issues as international guaranty, reinsurance, surety and design-build, and emerging surety market trends.

    This book will be useful to contractors, owners, design professionals, construction accountants and attorneys, and other construction industry personnel.

    About the Author
    Jeffrey S. Russell, Ph.E., P.E., is professor and chair of the Department of Civil Engineering, University of Wisconsin-Madison. He is the author of Constructor Prequalification: Choosing the Best Constructor and Avoiding Constructor Failure (ASCE Press, 1996) and editor of Perspectives in Civil Engineering: Commemorating the 150th Anniversary of the American Society of Civil Engineers (ASCE, 2003).

  • Appropriative rights model water code / sponsored by Water Laws Committee, Environmental and Water Resources Institute (EWRI) of the American Society of Civil Engineers ; edited by Joseph W. Dellapenna
    KF 5569 A76 2007eb

    Prepared by the Water Laws Committee of the Environmental and Water Resources Institute of ASCE.

    This book presents a model of a coherent body of law that can be used to improve existing water allocation laws. Appropriative rights takes its name from the legal requirement that water be appropriated and applied to a beneficial use in order for one to acquire the right to use it. Today, appropriative rights remain in the predominant body of law for the quantitative allocation of water in the 18 states west of Kansas City.

    A detailed review of existing water allocation laws in these states formed the basis for this report and its hydrologically-based legal framework that balances human and environmental needs. The model integrates the management of water quality and water quantity; it also takes into consideration the appropriate social, economical, political, and administrative aspects of water management.

    This committee report is the first coherent and comprehensive model that legislatures can consider as a basis for creating a standardized water code for all the states. Notably, the book is presented in menu style and can be used whole or in part as deemed appropriate by a given legislature.

  • Sharing water in times of scarcity : guidelines and procedures in the development of effective agreements to share water across political boundaries / sponsored by Laws & Institutions Committee of the Environmental and Water Resources Institute (EWRI) of ASCE ; edited by Stephen E. Draper
    KF 5575 S52 S48 2006eb

    Sponsored by the Laws and Institutions Committee of the Environmental and Water Resources Institute of ASCE.

    This report bridges the theory and practice of effective shared water management by describing a process that local, state, and national governments can use to create or modify transboundary water-sharing agreements. This book provides narrative guidelines and procedures for the initial formulation stage of the water-sharing process. Topics Include:

    foundation of effective water sharing; water sharing across political boundaries; resource assessments; administration of agreements; and water allocation strategies.

    When two or more independent governments share a common water resource, the timing and magnitude of the respective individual uses can be continual sources of conflict, especially when water scarcity is evident, as it is throughout much of the western United States. In 1995, ASCE initiated the Shared Use of Transboundary Water Resources (SUTWR) Project, one purpose of which was to review existing transboundary water-sharing agreements. Another purpose was to develop guidelines for the development of agreements that would limit potential conflict while providing an appropriate balance between efficient use of the water resource for economic purposes, public health, and ecological protection. One product of the SUTWR Project, Model Water Sharing Agreements for the Twenty-First Century href=/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=2147485884&libID=2147485884 target=_blank> Model Water Sharing Agreements for the Twenty-First Century (2002), provides three separate model agreements focusing on the allocation and use of shared waters and on resolving conflicts in such waters.

  • Interpreting construction contracts : fundamental principles for contractors, project managers, and contract administrators / H. Randolph Thomas, Ralph D. Ellis, Jr
    KF 902 T48 2007eb

    Every day, engineers and managers are called upon to understand and execute the terms of construction contracts. Often, these professionals have little or no legal training and find themselves relying upon intuition, common sense or hearsay--with possibly unfortunate and expensive results.

    In Interpreting Construction Contracts , Thomas and Ellis seek to rescue contractors, project managers, and contract administrators struggling to interpret construction contracts. Using rules set forth by the judiciary and drawing upon decades of legal research and practical experience, the authors discuss the most troublesome contract clauses and present rules to construe them so as to avoid disputes that must be resolved in court. Diagrams, case studies, and more than 70 discussion exercises and solutions are provided to reinforce the principles introduced in each chapter.

    As clear as it is pragmatic, Interpreting Construction Contracts is a welcome teaching resource and an essential reference for engineers and managers working in the construction industry.

    About the Authors
    H. Randolph Thomas, Ph.D., P.E., is a professor of civil engineering at Pennsylvania State University.

    Ralph D. Ellis, Ph.D., P.E., is a professor of civil engineering at University of Florida, where he heads the Construction Engineering Management program.

    Product Reviews
    Thomas and Ellis provide a comprehensive journey through the world of construction contracts, illustrating how contract language can give rise to disputes and how construction law principles evolved to resolve them... I certainly recommend this book to help readers elevate their comfort levels with construction contract law without involving a lawyer in day-to-day decisions. --Paul Levin, P.S.P., Project Schedule Engineer, Washington Metropolitan Area Transit Authority, Washington, D.C., and author of Construction Contract Claims, Changes, and Dispute Resolution (ASCE Press, 1998)

    This is a useful resource for contract administrators. The case studies make the work meaningful as well as interesting to read. --Amarjit Singh, Ph.D., associate professor of civil and environmental engineering, University of Hawaii at Manoa, and editor of ASCE's Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

  • Construction contract claims, changes & dispute resolution / Paul Levin
    KF 902 L48 1998eb
    The general guidelines, practical advice and legal principles provided in this book were shaped by the outcome of federal and heavy construction cases and will be of value to those in the private sector, local governments, and commercial construction as well.

  • Dispute avoidance and resolution for consulting engineers / Richard K. Allen
    KF 902 A743 1993eb

    This book combines legal considerations with typical engineering practice to answer the questions of today's practicing engineer. Allen draws upon his years of professional experience as a lawyer and a civil engineer to provide simple, straightforward techniques that can be used by consulting engineers.

    Topics include:

    avoiding disputes at their inception; how and when conflicts can be resolved on-site; formal resolution techniques for when problems expand outside the client and engineer's control and require the services of legal counsel; contract negotiations; design; funding management; specification and drawing preparation; and construction administration.

    This book will provide practicing enginers with a rich collection of facts, tips, and recommendations on how to best approach on-site dispute situations.

  • Permanent state of emergency : unchecked executive power and the demise of the rule of law / Ryan Alford
    KF 5060 A44 2017
    In the wake of the attacks of September 11, 2001, the United States launched initiatives that test the limits of international human rights law. The indefinite detention and torture of detainees at Guant#65533;namo Bay, targeted killing, and mass surveillance require an expansion of executive authority that negates the rule of law. In Permanent State of Emergency, Ryan Alford establishes that the ongoing failure to address human rights abuses is a symptom of the most serious constitutional crisis in American history. Instead of curbing the increase in executive power, Congress and the courts facilitated the breakdown of the nation's constitutional order and set the stage for presidential supremacy. The presidency, Alford argues, is now more than imperial: it is an elective dictatorship. Providing both an overview and a systematic analysis of the new regime, he objectively demonstrates that it does not meet even the minimum requirements of the rule of law. At this critical juncture in American democracy, Permanent State of Emergency alerts the public to the structural transformation of the state and reiterates the importance of the constitutional limits of the American presidency.

  • Palaces of hope : the anthropology of global organizations / edited by Ronald Niezen, Maria Sapignoli
    K 487 A57 P35 2017
    This volume assembles in one place the work of scholars who are making key contributions to a new approach to the United Nations, and to global organizations and international law more generally. Anthropology has in recent years taken on global organizations as a legitimate source of its subject matter. The research that is being done in this field gives a human face to these world-reforming institutions. Palaces of Hope demonstrates that these institutions are not monolithic or uniform, even though loosely connected by a common organizational network. They vary above all in their powers and forms of public engagement. Yet there are common threads that run through the studies included here: the actions of global institutions in practice, everyday forms of hope and their frustration, and the will to improve confronted with the realities of nationalism, neoliberalism, and the structures of international power.

  • The end of ownership : personal property in the digital economy / Aaron Perzanowski and Jason Schultz
    K 783 P47 2016eb

  • Wrongs to rights : how churches can engage the United Nations Declaration on the Rights of Indigenous Peoples / editor: Steve Heinrichs
    K 3247 W766 2016

  • Mikomosis and the Wetiko / Val Napoleon, Jim Henshaw, Ken Steacy, Janine Johnston, Simon Roy
    KE 7709 M53 2013

  • Religious freedom and Indian rights : the case of Oregon v. Smith / Carolyn N. Long
    KF 228 O74 L66 2000
    The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. Carolyn Long provides the first book-length analysis of Smith and shows why it continues to resonate so deeply in the American psyche. In 1983, Klamath Indian Alfred Smith and his co-worker Galen Black were fired as counselors from a drug rehabilitation agency for using peyote, a controlled substance under Oregon law, in a religious ceremony of the Native American Church. Both were subsequently denied unemployment benefits, which the State of Oregon claimed was permissible under its police powers and necessary in its effort to eradicate drug abuse. But Smith and Black argued that the denial of unemployment benefits constituted an infringement of their religious freedom and took their cases to court. Long traces the tortuous path that Smith followed as it went from state courts to the Supreme Court and then back again for a second round of hearings. A major event in Native American history, the case attracted widespread support for the Indian cause from a diverse array of religious groups eager to protect their own religious freedom. It also led to an intense tug-of-war between the Court and Congress, which fought back with amendments to the American Indian Religious Freedom Act (to protect the religious use of peyote) and the Religious Freedom Restoration Act of 1993, which protected religious freedom for all Americans. The Court subsequently ruled the latter act unconstitutional in Boerne v. Flores (1997). Long provides a lucid and balanced view of the competing sides in Smith. Drawing on interviews with Smith and his family, as well as with lawyers, judges, and congressional and interest group representatives involved in this struggle between Congress and Court, she takes the reader from the rituals of a peyote religious ceremony to the halls of government to reveal the conflicting interests that emerged in this key First Amendment case. She also clarifies how the Court reversed longstanding precedent by replacing the balancing test of "compelling state interest" and "least restrictive means" with a new "reasonable basis" argument that theoretically could be used to curtail religious practices well beyond those of the Native American church. Ultimately, the Supreme Court ruled that the First Amendment protection of religious freedom applies only to laws that specifically target religious behavior and that an individual's religious beliefs do not excuse one from complying with statutes that indirectly infringe on their religious rights. Engagingly written, Long's study highlights the resultant struggles, but without ever losing sight of the rich human dimensions of the story.

  • Media laws across the world : a comparative study of their evolution and challenges / Junhao Hong and Tuo-Yu Su
    K 3255 H66 2016
    Hong and Su compare the evolution of media laws across the world, focusing on representative countries in North America, Western Europe and Asia and analyzes the political, economic, cultural and societal reasons for the evolution. In addition, their work also examines the challenges facing media laws in the new era of globalization and informatization. Moreover, the authors cover issues that are related to many newly emerged legal aspects such digital media law issues, libel law issues, copyright issues, and cyber-privacy issues. This book should be a very helpful tool not only for the readers in communication/media studies and legal studies, but also for those in political science and sociology. In addition, legal practitioners in media law may also be quite interested.

  • Value change in the Supreme Court of Canada / Matthew E. Wetstein and C.L. Ostberg
    KE 8244 W48 2017

    Value Change in the Supreme Court of Canada is a groundbreaking analysis of the degree to which Supreme Court decisions reflect the changing values of society over the past four decades. Focusing on three key areas of law: environmental disputes, free speech, and discrimination cases, Wetstein and Ostberg provide a revealing analysis of the language used by Supreme Court justices in landmark rulings in order to document the way that value changes are transmitted into the legal and political landscape.

    Bolstered by a comprehensive and nuanced blend of research methods, Value Change in the Supreme Court of Canada offers a sweeping analysis of pre- and post-Charter influences, one that will be of significant interest to political scientists, lawyers, journalists, and anyone interested in the increasingly powerful role of the Supreme Court.

  • An exceptional law : Section 98 and the emergency state, 1919-1936 / Dennis G. Molinaro
    KE 4713 M65 2017

    During periods of intense conflict, either at home or abroad, governments enact emergency powers in order to exercise greater control over the society that they govern. The expectation though is that once the conflict is over, these emergency powers will be lifted.

    An Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike. Dennis G. Molinaro argues that the institutionalization of emergency law became intricately tied to constructing a national identity. Following a mass deportation campaign in the 1930s, Section 98 was repealed in 1936 and contributed to the formation of Canada's first civil rights movement. Portions of it were used during the October Crisis and recently in the Anti-Terrorism Act of 2015. Building on the theoretical framework of Agamben, Molinaro advances our understanding of security as ideology and reveals the intricate and codependent relationship between state-formation, the construction of liberal society, and exclusionary practices.

  • Public service broadcasting 3.0 : legal design for the digital present / Mira Burri
    K 4339 B87 2015

    The digital media environment is characterized by an abundance and diversity of content, a multiplicity of platforms, new modes of content production, distribution and access, and changed patterns of consumer and business behaviour. This has challenged the traditional model of public service broadcasting (PSB) in diverse ways.

    This book explores whether and how PSB should adapt to reflect the conditions of the digital media space so that it can effectively and efficiently continue to serve its public mandate. Drawing on literature on media governance in media and communication science, public international law as well as discussions on cyberlaw, Mira Burri maps and critically analyses existing policy and scholarly debates on PSB transformation. She challenges some of conventional rationales for reform, identifies new ones, as well as exposes the limitations placed upon existing and future policy solutions by global media governance arrangements, especially in the fields of trade, copyright and Internet governance. The book goes on to advance a future-oriented model of Public Service Media, which is capable of matching an environment of technological and of governance complexity.

    As a work that explores how public interest objectives can be pursued efficiently and sustainably in the digital media ecology, this book will be of great interest and use to students and researchers in media law, information technology law, and broadcast media studies, as well as to policy-makers.

  • Indigenous data sovereignty : toward an agenda / edited by Tahu Kukutai and John Taylor
    KU 519 I64 I527 2016

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