Constitutional Concerns
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The severe setback to India's polity during the period 2018-21 is distinct and unprecedented. It is inaccurate and erroneous to describe this phase as one of an informal Emergency. These four years, in continuation with the political shift that occurred with Narendra Modi election in 2014, shows the country's transformation. This change, if not checked, can lead to annihilation of the very idea of India. To fight the existing despotism, one needs to understand its characteristics politically, economically, socially and constitutionally. One way of doing this, is to reflect on the contemporary issues and developments in the legal realm which are closely associated with the political transition. This book is an attempt to explore the process of 'deconstitutionalization' by looking at certain contemporary topics. The chapters, cumulatively, make out a case for cautious political optimism in the face of challenges. A great democracy, even with all its limits, is not to be surrendered to plutocracy underlined by bigotry.
Corporate Fraud Across the Globe
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Based on theoretical foundations and evidence-based case studies, this book identifies the fundamental & motivations underpinning corporate fraud in both developing and developed countries. The book offers practical solutions in terms of monitoring and potentially preventing future corporate fraud activity. This authored research book argues that the choice of appropriate operational strategies is critical as they serve as an effective channel for fraudulent firms to re-gain the trust from customers and markets, re-establish their reputation, and enhance the firm's long-term value.
E-discovery and information governance in Canada
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This title provides invaluable insights into e-discovery, organizational Information Governance, and the critical relationship between them. Formerly published as E-Discovery in Canada.
International investment and dispute settlement : understanding the China-European Union Comprehensive Agreement on Investment
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This book analyses the dispute settlement mechanisms under the EU-China Comprehensive Agreement on Investment (CAI), including the already established mechanisms for general state-to-state dispute settlement and the Mechanism to Address Differences for investment and sustainable development issues. It explores the possible procedural design of investor-state dispute settlement mechanisms under the EU-China CAI, including potential proposals, issues, and solutions. This work analyses the separation, connection and combination of state-to-state and investor-state dispute settlement, all with a mind to ensuring the function and operation of diverse mechanisms and establishing a comprehensive system for successful investment dispute settlement.
Intersectionality and Women's Access to Justice in Africa
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This title propounds layered intersectionality as a paradigm for examining how gendered factors affect women's access to justice, whether as judges or litigants. Through intersectional and decolonial frameworks, the contributors analyze the lived experiences of women and their access to justice by situating the courtroom as both a spatial and a temporal arena for seeking justice (as litigants) and for seeking access to the bench (as judges). This book examines patterns of mutually reinforcing discriminatory practices that women share based on common gender identities and depending on which identities are at play at a given point in time in both traditional and statutory courts.
The Resurgence of the Unified Arab Investment Agreement and the Organisation for Islamic Cooperation Investment Agreement
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This book focuses on two MITs: the Unified Agreement for the Investment of Arab Capital in the Arab States (UAA) and the Organisation of Islamic Cooperation Agreement for Promotion, Protection and Guarantee of Investments Among Member States (OIC). This book provides a comprehensive, critical review of these two treaties.
Tsqelmucwílc: The Kamloops Indian Residential School―resistance and a Reckoning
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Tsqelmucwilc is the story of those who survived the Kamloops Indian Residential School, based on the 1988 book Resistance and Renewal, a groundbreaking history of the school - and the first book on residential schools ever published in Canada. Read both within and outside the context of the grim 2021 discoveries, Tsqelmucwilc is a tragic story in the history of Indigenous peoples of the indignities suffered at the hands of their colonizers, but it is equally a remarkable tale of Indigenous survival, resilience, and courage.
Up Against the Law
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As protest movements took to the streets during the 1960s and 1970s, a group of lawyers joined forces with America's most confrontational activists. In pursuit of radical change themselves, these militant attorneys went beyond providing mere representation. While exploiting the courtrooms as political forums, they developed aggressive litigation strategies and became involved with the organization of protest. Drawing on extensive archival research and interviews, historian Luca Falciola reconstructs this largely unmapped phenomenon and challenges the reader to think anew about the pivotal role of lawyers in social movements. At the heart of this book is the story of the National Lawyers Guild. Founded in 1937, the Guild represented the first integrated and progressive bar association of America.
Weaving Two Worlds : Economic Reconciliation Between Indigenous Peoples and the Resource Sector
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Much of the land, the waters, and all that lived upon or in them is, or was once, under the stewardship of Indigenous Peoples. But when it comes to resource extraction, Indigenous communities have often paid the highest price, and received the least in the way of benefit. That's changing, and quickly. This guide shows how the resource sector can play a meaningful role in advancing Reconciliation with Indigenous Peoples.
Winning in Your Own Court
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Winning in Your Own Court offers a model for career transformation. And, if you love the law, it shows you how to rise to the top. Dena Lefkowitz shares 10 laws she developed during her 20-plus years as a successful attorney and subsequently as a coach. You will learn how to assess where you are, determine what needs to change to get where you want to be and create a plan to do so. Every situation has its a solution and you will learn how to find yours. And, then you can do it whenever your career needs a tune up. Whatever your next move is, Winning in Your Own Court will help you get you there.
Capacity Beyond Coercion
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Susan L. Ostermann examines the largely unexplored capacities that allow coercively weak states to promote law-following behavior. She demonstrates how coercively weak states can significantly increase compliance by behaving pragmatically and designing implementation strategies around known barriers to compliance. In particular, she examines variation in compliance with conservation, education, and child labor regulations, investigating the mechanisms by which the Indian and Nepali states have, despite limited enforcement capacity, secured compliance with regulations that run counter to customary norms and to the self-interest of target populations.
Children's environmental rights under international and EU law : the changing face of fundamental rights in pursuit of ecocentrism
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Provides a timely assessment of the interplay between international and EU environmental law and the rights of children. Extensively covers the field from the point of view of theory and practice, providing detailed insights. Examines current law and human rights practice, including points of contention, and proposes solutions for the future
Data Protection Without Data Protectionism
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Offers a new account on the legal conflict between privacy and trade in the digital sphere. It develops a fundamental rights theory with a new right to continuous protection of personal data and explores the room for the application of this new right in trade law. The book sets out to solve the problem of how the EU legal data transfer regime must be designed to implement the EU's extraterritorial fundamental rights requirements without violating the principles of the WTO's law on services. It also addresses current developments in international trade law - the conclusion of comprehensive trade agreements - and offers suggestion for the design of data flow clauses that accommodate privacy and trade.
Design in Legal Education
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This visually rich, experience-led collection explores what design can do for legal education. In recent decades design has increasingly come to be understood as a resource to improve other fields of public, private and civil society practice; and legal design--that is, the application of design-based methods to legal practice--is increasingly embedded in lawyering across the world.
Intolerant Justice
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Intolerant Justice argues that ethnocentrism fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as dangerous and threatening, others dismiss these concerns. The book traces this dynamic in a range of fascinating cases, the dilemma of extradition to China, and the European wariness toward U.S. civil judgments. Intolerant Justice suggests that cooperation among legal systems often meets resistance and shows how this resistance can be overcome.
