Arnait nipingit : Inuit women in leadership and governance ; Second edition.
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Ayisiyiniwak : a communications guide : kā-isi-pīkiskwātoyahk.
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"Ayisiyiniwak (a/yi/see/ni/wak, Cree for 'the people'): A Communications Guide" (ayisiyiniwak) is part of the [Saskatoon] City's commitment to respond to the Truth and Reconciliation of Canada's Call to Action #57, which specifically calls upon governments to: "provide education to public servants on the history of Aboriginal peoples, including the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal-Crown relations."
Behind and beyond boilerplate : drafting commercial agreements ; Fifth edition.
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The Canadian Constitution
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A fully updated edition of the first-ever primer on Canada's Constitution -- for anyone who wants to understand the supreme law of the land. The Canadian Constitution makes Canada's Constitution readily accessible to readers. It includes the complete text of the Constitution Acts of 1867 and 1982, accompanied by an explanation of what each section means, along with a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution explains how the Supreme Court of Canada works and describes the people and issues involved in leading constitutional cases. Author Adam Dodek, a law professor at the University of Ottawa, provides the only index to the Canadian Constitution, as well as fascinating background on the Supreme Court and the Constitution. This new edition is a great primer for those reading Canada's Constitution for the first time and is a useful reference work for students and scholars.
Canadian criminal law : a treatise ; Eighth edition.
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Canadian Criminal Law in Ten Cases
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Canadian Criminal Law in Ten Casesexplores the development of criminal justice in Canada through an in-depth examination of ten significant criminal cases. Martin L. Friedland draws on cases that went to the Supreme Court of Canada or the Privy Council, including well-known cases such as those of Louis Riel, Steven Truscott, Henry Morgentaler, and Jamie Gladue. The book addresses such issues as wrongful convictions, the enforcement of morality, Indigenous experiences with criminal law, bail and trial delay, and the impact of the 1982 Charter of Rights and Freedoms on the criminal justice system. Friedland describes in a masterful way the factual background of each case and the political, social, and economic conditions of the time. Each character - the accused, judges, and counsel - is described in detail, as are the relevant laws and procedures. Friedland includes recommendations on how the criminal justice system can be improved, such as by creating a new federal commission devoted solely to criminal justice and by the enactment by Parliament of enhanced codes of evidence and criminal law and procedure. Canadian Criminal Law in Ten Casesis an indispensable guide to understanding the criminal justice system for lawyers, students, and anyone interested in criminal law and the administration of criminal justice.
Common Boundaries
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How do we - and how should we - engage with the natural environment through the concepts of rights and responsibilities? In this book, Michael Cox develops the theory and practice of environmental property rights, moving beyond simplistic assumptions that do not reflect the diversity of arrangements we see in the world. Recognizing this diversity will help us craft better responses to environmental problems in the future with an interdisciplinary foundation in what has worked, or not worked, in the past. Synthesizing a variety of methods and disciplines, Cox explores rights-based environmental policies as well as different cultural approaches to environmental ownership. The result is a book that helps the reader understand the full range of possibilities when it comes to environmental ownership.
Crimes of the Powerful and the Contemporary Condition
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The ultimate expression of power is the ability to act beyond the confines of law, with contemporary society enabling elite groups to wield "panoramic power". From the murderous crimes of the corporate giants that provide us with life's luxuries and necessities to the data gathering activities of media and educational institutions, the authors offer new thinking on damaging structures of power and privilege. This accessible book provides a comprehensive understanding of elite corporate wrongdoing, and the late capitalist society that enables harm, considering both how we got into this mess and how we get out of it.
Criminal Convictions in U. S. Tribal Law
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This book is the first comparative law study of collateral consequences of criminal conviction in all federally recognized Indian tribes in the lower 48 U.S. states, and the mechanisms for restoring civil rights in tribal law. Surveying the constitutions, codes, and ordinances of tribal jurisdictions reveals a broad range of consequences - the impact of which has not been comprehensively and critically examined. Like state and federal jurisdictions, tribal law attaches thousands of legal disabilities to tribal offices, business licenses and permits, social services, and civil rights for persons with criminal convictions. This is especially true in economically important industries such as gaming and resource extraction; additionally, rapidly changing areas such as marijuana regulation and sex offender registries expand the scope still further. This book catalogues restoration of rights procedures in tribal law, to include pardons, expungements, and record sealing. Collateral consequences have proliferated in tribal law because of the limitations of tribal criminal jurisdiction, including over non-tribal members. However, tribal collateral consequences risk contributing to overcriminalization and social exclusion for persons with previous criminal convictions, especially as Native Americans are already disproportionately impacted by the U.S. criminal justice system. This book will appeal to legal academics, scholars, and practitioners working in tribal criminal law, as well as to others with interests in Indigenous legal issues.
Dance Your Style
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Dance Your Style: Cree Pedagogy examines the intrinsic value of First Nations perspectives, languages, and knowledges without the framing of Indigenization, decolonization, incorporation, or adaptation. Organized into three parts, this title focuses on the First Nations pedagogy on its own terms: a pedagogy rooted in land, language, culture, community, and Elder knowledge. This text opens with foundational principles such as exploring the history, theory, analysis, and implementation of First Nations pedagogy, and the introduction to core concepts of language at the heart methodology and practice, teaching as a gift, and the passing of knowledge. Part two focuses on askiy kiskinohmakewina: Earth Teachings; reflecting on how the land teaches us, what we learn from connecting to the land, and the philosophy of land-based education. Part three features wāsēyāw, which means the elements of nature shine a light on the path forward. It refl ects on the knowledge of Elders and knowledge keepers, presents insights from Elders on Culture Camps, and maskikiw māhtāhitowin, medicine thinking. With contributions from leading Indigenous Studies scholars, Elders, and community leaders in Canada, Dance Your Style is a powerful and essential text for college and university students in Indigenous Studies and Education courses that promotes thoughtful interactions with the text through practical exercises and thought-provoking discussion questions.
Eliza Orme's Ambitions
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Why are some figures hidden from history? Eliza Orme, despite becoming the first woman in Britain to earn a university degree in Law in 1888, leading both a political organization and a labour investigation in 1892, and participating actively in the women's suffrage movement into the early twentieth century, is one such figure. Framed as a 'research memoir', Eliza Orme's Ambitions fills out earlier scant accounts of this intriguing life, while speculating about why it has been overlooked. Established historian Leslie Howsam shapes the story around her own persistent curiosity in the context of a transformed research landscape, where important letters and explosive newspaper accounts have only recently come to light. These materials show how Orme's career ambitions brought her into conflict with the male-dominated legal community of her time, while her political ambitions were cut short by disputes with other women activists whose notions of political strategy she repudiated. In public, Orme was a formidable debater for the causes she supported and against opponents whose strategies-even for women's suffrage-she repudiated. In private, she was generous, warm, and witty, close to friends, family, and her female partner. Howsam's account of uncovering Orme's professional and personal trajectory will appeal to academic and non-academic readers interested in the progress and setbacks women experienced in the late-Victorian and Edwardian decades. This is the author-approved edition of this Open Access title. As with all Open Book publications, this entire book is available to download for free on the publisher's website. Printed and digital editions, together with supplementary digital material, can also be found at http: //www.openbookpublishers.com.
Environmental Justice in North America
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Emphasizing the voices of activists, this book's diverse contributors examine communities' common experiences with environmental injustice, how they organize to address it, and the ways in which their campaigns intersect with related movements such as Black Lives Matter and Indigenous sovereignty. The global COVID-19 pandemic exposed the ways in which BIPOC (Black, Indigenous, People of Color) communities and white working-class communities have suffered disproportionately from the crisis due to sustained exposure to toxic land, air, and water, creating a new urgency for addressing underlying conditions of systemic racism and poverty in North America. In addition to exploring the historical roots of the Environmental Justice movement in the 1980s and 1990s, the volume offers coverage of recent events such as the DAPL pipeline controversy, the Flint water crisis, and the rise of climate justice. The collection incorporates the experiences of rural and urban communities, Alaska Natives, Native Hawaiians, Puerto Ricans, and Indigenous peoples in the U.S., Canada, and Mexico. The chapters offer instructors, undergraduate and graduate students, and general readers a range of accessible case studies that create opportunities for comparative and intersectional analysis across geographical and ethnic boundaries.
Following Nimishoomis
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Following Nimishoomis provides a detailed history of the Namegosibiing Trout Lake community in northwestern Ontario through the life story of Dedibaayaanimanook Sarah Keesick Olsen as told by her daughter. Namegosibiing was Dedibaayaanimanook's ancestral homeland where she was born in 1922 and where she gained firsthand knowledge about traditional teachings and ways of life. The story reveals, the many challenges faced by her community in that critical period of change in the early part of the 20th century. Dedibaayaanimanook grew up in a way that was hardly touched by Europeans, witnessed at a young age their increasing encroachment, and lived her adult life coping with the challenging changes by drawing on the worldviews instilled in her by her parents and grandparents. She raised a family of her own in a society dominated by European values and with a European partner, but she never forgot about the values of her own people.
Hard Lessons in Corporate Governance
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How should corporations be run? Who should get a say, and what results can we expect? Hard Lessons in Corporate Governance provides an accessible introduction to the various failed attempts at using corporate governance to improve society. It introduces the record of these failures and illuminates hard lessons spread across thousands of empirical studies. If we look at the outcomes generated by various corporate governance 'best' practices, we find that none of the practices work. If we look at the theories and assumptions that support modern corporate governance, we find they are likely wrong. And if we look at the prospect of corporate governance to improve political, environmental, and social outcomes, we find ample evidence that governance will fail us here too. After documenting these failures, Bryce Tingle K.C. turns to the most important lesson: How to fix this important, but broken, system.
Helping jurors understand. Second edition
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Inclusive Socratic Teaching
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For more than fifty years, scholars have documented and critiqued the marginalizing effects of the Socratic teaching techniques that dominate law school classrooms. In spite of this, law school budgets, staffing models, and course requirements still center Socratic classrooms as the curricular core of legal education. In this clear-eyed book, law professor Jamie R. Abrams catalogs both the harms of the Socratic method and the deteriorating well-being of modern law students and lawyers, concluding that there is nothing to lose and so much to gain by reimagining Socratic teaching. Recognizing that these traditional classrooms are still necessary sites to fortify and catalyze other innovations and values in legal education, Inclusive Socratic Teaching provides concrete tips and strategies to dismantle the autocratic power and inequality that so often characterize these classrooms. A galvanizing call to action, this hands-on guide equips educators and administrators with an inclusive teaching model that reframes the Socratic classroom around student-centered, skills-centered, client-centered, and community-centered teaching techniques.
Indigenous peoples in the international arena : the global movement for self-determination
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This book provides a definitive account of the creation and rise of the international Indigenous Peoples' movement. In the late 1970s, motivated by their dire situation and local struggles, and inspired by worldwide movements for social justice and decolonization, including the American civil rights movement, Indigenous Peoples around the world got together and began to organize at the international level. Although each defined itself by its relation to a unique land, culture, and often language, Indigenous Peoples from around the world made an extraordinary leap, using a common conceptual vocabulary, and addressing international bodies that until then had barely recognized their existence. At the intersection of politics, law and culture, this book documents the visionary emergence of the international Indigenous movement, detailing its challenges and achievements, including the historic recognition of Indigenous rights through the adoption of the UN Declaration on the Rights of Indigenous Peoples in 2007. The winning by Indigenous Peoples of an unprecedented kind and degree of international participation - especially at the United Nations, an institution centered on states - meant overcoming enormous institutional and political resistance.
Indigenous Perspective to Climate and Environment
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The lands and waters of the American West encountered by European colonizers were not "untouched" or "wild" as some have recorded, but rather the result of a broad range of Indigenous land and water management techniques. To assume that western-based scientific knowledge is superior to Indigenous wisdom can be a barrier to meaningful and lasting collaboration. We must work together if we are to heal the land that we have collectively sullied.
International Investment Law
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The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the 1st edition of this book in 2008 have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this 5th edition captures the essence of the ongoing multiple reform processes, examines the recent trends in international investment law and arbitration, and highlights the major recent changes that have taken place in this area of law since the publication of the 4th edition of this book in 2020.
International tax law in Canada - taxation of cross-border income in the Canadian context
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This title is a new casebook that would primarily be used in academic circles on International Income Tax Law. This book will provide coverage of this subject, including income from Employment, Income from Businesses, Gains and losses from Taxable Canadian Property, Taxation of Canadian residents on foreign income, and much more. This title offers complementary content to the Canadian Income Tax Law casebook (co-authored by David Duff), which does not cover international aspects of income taxes.
Judicial Activism in Comparative Perspective
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What is understood by judicial activism in different jurisdictions? Beyond a superficial agreement, are we talking about the same phenomenon across countries and systems (or over time), and to what extent? This book seeks to articulate a comparative perspective on judicial activism, bringing together a selection of theoretical and empirical studies across different socio-political and institutional contexts. The chapters not only demonstrate the complexity of the concept, but also illustrate the different meanings of judicial activism across different types of political regimes, legal systems, and judicial institutions. The book looks at three examples from western democracies with common law systems (the U.S., the U.K., and Canada), and then at six examples from civil law systems in Latin American countries with very different experiences with judicial activism, democracy, and liberal constitutionalism: Brazil, Colombia, Costa Rica, Mexico, Paraguay, and Venezuela. These case studies are analyzed with reference to a common conceptual framework, assisted by a beginning theoretical essay and two concluding cross-national studies highlighting different theoretical and methodological approaches. This book contributes to current debates on a major topic in comparative law and courts research that, despite its importance in and outside the scholarly world, remains subject to significant debate. The book should be useful for students, teachers, and researchers across a variety of disciplines - including Constitutional Law, Comparative Law, Comparative Politics, Judicial Politics, and Sociolegal Studies.
Lhù'ààn Mân Keyí Dań Kwánje Nààtsat
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WINNER OF THE CANADIAN HISTORY ASSOCIATION INDIGENOUS HISTORY BOOK PRIZE In this poignant display of the resilience of language, culture, and community in the face of the profound changes brought by settlers, Kluane First Nation Elders share stories from their lives, knowledge of their traditional territory (Á sì Keyi, "my grandfather's country"), and insights on the building of their self-governing First Nation. With generosity, diligence and deep commitment to their community, Elders from Lhù'ààn Mân Keyi (Kluane First Nation) recorded oral histories about their lives in the southwest Yukon. They shared wisdom, stories and songs passed down from grandparents, aunties and uncles, in Dań kʼe (Southern Tutchone, Kluane dialect) and English. This years-long project arose from the Elders' desire for their children and future generations to know the foundations of language, culture, skills and beliefs that will keep them proud, healthy and strong. The Elders speak of life before the Alaska Highway, when their grandparents drew on thousands of years of traditional knowledge to live on the land through seasonal rounds of hunting and gathering; the dark years after the building of the Alaska Highway, when children were taken away to residential schools and hunting grounds were removed to form the Kluane Game Preserve and National Park; and the decades since, when the community worked through the Yukon land claims process to establish today's self-governing First Nation. Inclusivity is a key community value. The Elders' stories are accompanied by the voices of youth and citizens of all ages, along with a history of the Kluane region. The book is beautifully illustrated with Elders' photographs, historical images and art work, and photos showing breathtaking views of Kluane mountains, lakes, sites, trails, and activities in the community today. With passionate and deeply informed voices, this is a stirring portrait created by a community that has shown resilience through massive changes and remains dedicated to preserving their culture, language and lands for the generations to come.
Liability for Environmental Harm to the Global Commons
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This book examines liability for environmental harm in Antarctic, deep seabed, and high seas commons areas, highlighting a unique set of legal questions: Who has standing to claim environmental harms in global commons ecosystems? How should questions of causation and liability be addressed where harm arises from a variety of activities by state and non-state actors? What kinds of harm should be compensable in global commons ecosystems, which are remote and characterized by high levels of scientific uncertainty? How can practical concerns such as ensuring adequate funds for compensation be resolved? This book provides the first in-depth examination and evaluation of current rules and possible avenues for future legal developments in this area of increasing importance for states, international organizations, commercial actors, and legal and governance scholars. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
Mooting : the definitive guide to a key legal skill
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ooting offers a comprehensive examination of mooting and advocacy, combining both theoretical and practical aspects. This definitive guide will equip you with a complete grasp of mooting from the initial preparatory stages through to advocacy in the moot itself. The second edition has been comprehensively revised and updated, reflecting changes brought about by the evolving digital landscape, as well as addressing how mooting can benefit SQE students. Changes and updates include new 'thinking tips' throughout the book, end-of-chapter questions to reinforce learning and understanding, a new section on how to read the book, additional material for students participating in European and International moots, new material on electronic bundles, and an expanded section on lawyers' skills including more on building confidence and countering nerves. Online video footage of an actual moot brings the practical nature of mooting alive and will give you expert advice and analysis of successful mooting technique as well as tips for improvement. Mooting is essential reading for Law students at all levels"-- Provided by publisher.
Includes bibliographical references and index.
Native Lands
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Native Lands;analyzes the role of visual and literary culture in contemporary Indigenous;campaigns for territorial rights. In the post-1960s era, Indigenous artists and writers have created works that align with the goals and strategies of new Native land-based movements. These works represent Native histories and epistemologies in ways that complement activist endeavors, while also probing the limits of these political projects, especially with regard to gender. The social marginalization of Native women was integral to dispossession. And yet its enduring consequences have remained largely neglected, even in Native organizing, as a pressing concern associated with the status of Indigenous people in settler nation-states. The cultural works;discussed in this book provide an urgent Indigenous feminist rethinking of Native politics that exposes the innate gendered dimensions of ongoing settler colonialism. They insist that Indigenous campaigns for territorial rights must entail gender justice for Native women.
North of Nowhere
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The incomparable first-hand account of the historic Truth and Reconciliation Commission of Canada told by one of the commissioners who led it. The Truth and Reconciliation Commission was established to record the previously hidden history of more than a century of forced residential schooling for Indigenous children. Marie Wilson helped lead that work as one of just three commissioners. With the skills of a journalist, the heart of a mother and grandmother, and the insights of a life as the spouse of a residential school survivor, Commissioner Wilson guides readers through her years witnessing survivor testimony across the country, providing her unique perspective on the personal toll and enduring public value of the commission. In this unparalleled account, she honours the voices of survivors who have called Canada to attention, determined to heal, reclaim, and thrive. Part vital public documentary, part probing memoir, North of Nowhere breathes fresh air into the possibilities of reconciliation amid the persistent legacy of residential schools. It is a call to everyone to view the important and continuing work of reconciliation not as an obligation but as a gift.
Ontario Litigator's Pocket Reference.
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This user-friendly annual handbook has proven to be one of the most-often resorted to resources for Ontario civil litigators. It serves as a "one-stop" source, taking the reader sequentially through a civil proceeding – from the initial retainer, to the pleadings and discovery, to trial and appeals.
The Philosophy of Legal Proof
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Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of proof and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes or use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system.
Principles of Contemporary Corporate Governance
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Corporate governance plays a key role in ensuring that companies act responsibly and legally in the pursuit of long-term, sustainable growth. Now in its fifth edition, Principles of Contemporary Corporate Governance offers a comprehensive introduction to the rules and regulations of corporate governance systems. It takes an inclusive stakeholder approach to examine how companies apply corporate governance principles in the private sector. The four-part structure has been consolidated and streamlined to provide logical coverage of fundamental contemporary themes and issues. The text has been updated to include new case studies and discussion of recent developments, such as the impact of the Covid-19 pandemic and the destruction of a sacred rock shelter at Juukan Gorge. A new section on corporate governance in Singapore offers insight into corporate governance internationally. Written by an expert author team, Principles of Contemporary Corporate Governance remains an indispensable resource for business and law students studying corporate governance.
Public Inquiries and Policy Design
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Public inquiries regularly produce outcomes of importance to policy design. However, the policy design literature has largely ignored the many important ways that public inquiries can act as policy design tools, meaning the functions that inquiries can offer the policy designer are not properly understood. This Element addresses this gap in two ways. First, it presents a theoretical discussion, underpinned by international empirical illustrations, to explain how inquiries perform policy design roles and can be classified as procedural policy tools. It focuses on four inquiry functions - catalytic, learning, processual, and legitimation. Second, it addresses the challenge of designing inquiries that have the policy-facing capacities required to make them effective. It introduces plurality as a key variable influencing effectiveness, demonstrating its relevance to internal inquiry operations, the external inquiry environment, and policy tool selection. Thus, it combines conceptual and practical insights to speak to academic and practice orientated audiences.k to academic and practice orientated audiences.k to academic and practice orientated audiences.k to academic and practice orientated audiences.
Racial and Prejudicial Stereotyping by Police
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Racial and Prejudicial Stereotyping by Police uncovers the influence of racial and prejudicial stereotyping during police investigation of suspects from stigmatised communities. This book will benefit academics, researchers, police officers, lawyers, social policy officers, and probation officers across the globe.
Rematriating Justice
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In June 2019, the National Inquiry into Missing and Murdered Indigenous Women and Girls released its Final Report titled Reclaiming Power and Place. The report documented 231 " Calls for Justice" demanding immediate action against racialized, sexualized and gender-based violence. The report condemned Canadian society for its inaction and described the violence as " a national tragedy of epic proportion." It has been eight years since the release of Forever Loved: Exposing the Hidden Crisis of Missing and Murdered Indigenous Women and Girls in Canada (2016) and four years since the release of Reclaiming Power and Place and we continue to witness racialized, sexualized and gender-based violences across Turtle Island. This book contributes to these Calls for Justice by demanding accountability and policy change. The book centres the voices of Indigenous women, families and communities by offering essays, testimonies, and reflections that honour collective calls to rematriate justice for our Indigenous sisters.
River of Salmon Peoples
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An expression of the people, culture, ceremony and songs along the Fraser, River of Salmon Peoplescaptures what the Fraser River, and its most valuable resource, the salmon, means to First Nations communities along its basin. The result of nine community engagements, extensive research over two years, and illuminating photographs and artwork, this book includes the oral narratives of each community along the river. While capturing timeless Indigenous stories and legends about the salmon and the river, this book is also an exploration of the future of the salmon and waters of the Fraser River.
The Seven Generations and the Seven Grandfather Teachings
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Discover indigenous wisdom for a life well lived in "The Seven Generations and the Seven Grandfather Teachings." Based on ancient teachings from the Anishinaabe/Ojibwe people, this spiritual translation of the sacred laws guides us toward Mino-bimaadiziwin, "the good life" - a life of harmony, free from contradiction or conflict. Prepare to embark on a path to peace, balance and personal growth where ancestral knowledge offers timeless lessons for transforming our lives and the lives of future generations.
The Seven Nations of Canada 1660-1860
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Wendake, Odanak, Wô linak, Pointe-du-Lac, Kahnawake, Kanesatake, Akwesasne, Kitigan Zibi are communities located all along the St. Lawrence River valley and its tributaries. They have been home to descendants of the Huron-Wendat, Algonquin, Nipissing, and Iroquois nations. These First Nations have in common the fact that their ancestors were allies of the French and had converted to Christianity.Historians have ignored these nations described as " domiciled Indians" (" sauvages domicilié s" ) by the French administrators. Jean-Pierre Sawaya carefully studied how an alliance of such diverse " missions" was created, developed and conducted to become The Seven Nations of Canada.How did this confederation come about? Who took part and what were their roles? The answers are mined in the massive colonial archives. Seven Fires is original research at its best, combining detailed analysis and systematic investigation, that has enabled the author to dispel the tenacious colonial myth about irrational, submissive, and fatalistic Indigenous peoples. Readers will discover forward-looking people motivated by a deep desire for independence and solidarity.
The Slow Violence of Immigration Court
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The arduous, confusing and fraught journey that immigrants take through immigration court Each year, hundreds of thousands of migrants are moved through immigration court. With a national backlog surpassing one million cases, court hearings take years and most migrants will eventually be ordered deported. The Slow Violence of Immigration Court sheds light on the experiences of migrants from the "Northern Triangle" (Guatemala, Honduras, and El Salvador) as they navigate legal processes, deportation proceedings, immigration court, and the immigration system writ large. Grounded in the illuminating stories of people facing deportation, the family members who support them, and the attorneys who defend them, The Slow Violence of Immigration Court invites readers to question matters of fairness and justice and the fear of living with the threat of deportation. Although the spectacle of violence created by family separation and deportation is perceived as extreme and unprecedented, these long legal proceedings are masked in the mundane and are often overlooked, ignored, and excused. In an urgent call to action, Maya Pagni Barak deftly demonstrates that deportation and family separation are not abhorrent anomalies, but are a routine, slow form of violence at the heart of the U.S. immigration system.
Special and differential treatment reform in the WTO : the differentiated differentiation approach
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"This book proposes a new approach to differentiating between developing countries in the context of Special and Differential Treatment (SDT) in the World Trade Organisation. Offering unique insights into SDT reform within the WTO, the book proposes the method of differentiated differentiation and demonstrates its operationalisation using the WTO Customs Valuation Agreement. Through identifying key indicators to categorise constraints faced by developing countries, the book establishes objective criteria to depoliticise access to SDT. Promoting a case-by-case approach, the book also employs a statistics-based score procedure to determine a threshold for graduating countries out of SDT. Through flexible tracking and evidence-based arguments, the book provides a transitional method of reform which maintains full compliance with WTO members' obligations. The book will be of interest to students and scholars interested in international trade law, economic law, and the WTO
Stoneface
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Stephen Kakfwi was born in a bush camp on the edge of the Arctic Circle in 1950. In a family torn apart by tuberculosis, alcohol and the traumas endured by generations in residential school, he emerged as a respected Dene elder and eventually the Premier of the Northwest Territories. Stephen belongs to a cohort of young northerners who survived the childhood abuses of residential school only to find themselves as teenagers in another residential school where one Oblate father saw them as the next generation of leaders, and gave them the skills they would need to succeed. Kakfwi, schooled on civil rights and 1960s protest songs, dedicated himself to supporting chiefs in their claim to land that had been taken away from them and in their determination to seize control of the colonial political system. Kakfwi's life has been a series of diverse endeavours, blending traditional Dene practices with the daily demands of political office--hunting moose one day and negotiating with European diamond merchants the next. Throughout his career, Kakfwi understood that he held the power to make change--sometimes he succeeded, sometimes he did not. But he also embraced the power of story-telling, and has helped change the story of the North. Kakfwi combines his remarkable memory for detail with his compelling raconteur's skill in taking us through the incredible story of his life and one of the most transformative times in Canadian history. In his candid description of the loneliness of leadership and his embrace of Dene spirituality, Kakfwi's Stoneface transforms politics into philosophy and an intensely personal guide to reconciliation.
Sustainable Development, International Law, and a Turn to African Legal Cosmologies
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This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.
To Be the Main Leaders of Our People
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In the spring of 1868, people from several Ojibwe villages located along the upper Mississippi River were relocated to a new reservation at White Earth, more than 100 miles to the west. In many public declarations that accompanied their forced migration, these people appeared to embrace the move, as well as their conversion to Christianity and the new agrarian lifestyle imposed on them. Beneath this surface piety and apparent acceptance of change, however, lay deep and bitter political divisions that were to define fundamental struggles that shaped Ojibwe society for several generations. In order to reveal the nature and extent of this struggle for legitimacy and authority, To Be The Main Leaders of Our People reconstructs the political and social history of these Minnesota Ojibwe communities between the years 1825 and 1898. Ojibwe political concerns, the thoughts and actions of Ojibwe political leaders, and the operation of the Ojibwe political system define the work's focus. Kugel examines this particular period of time because of its significance to contemporary Ojibwe history. The year 1825, for instance, marked the beginning of a formal alliance with the United States; 1898 represented not an end, but a striking point of continuity, defying the easy categorizations of Native peoples made by non-Indians, especially in the closing years of the nineteenth century. In this volume, the Ojibwe "speak for themselves," as their words were recorded by government officials, Christian missionaries, fur traders, soldiers, lumbermen, homesteaders, and journalists. While they were nearly always recorded in English translation, Ojibwe thoughts, perceptions, concerns, and even humor, clearly emerge. To Be The Main Leaders of Our People expands the parameters of how oral traditions can be used in historical writing and sheds new light on a complex, but critical, series of events in ongoing relations between Native and non-Native people.
Traitor by Default
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At the end of World War II, a young Japanese Canadian would stand trial and face execution for having committed war crimes and betraying his country. One of the most bizarre stories to emerge at the end of the Second World War was that of Kanao Inouye. Born in Kamloops, B.C., in 1916, he had relocated to his ancestral homeland of Japan, and by 1942 was a translator for the Japanese army. He was assigned to the prisoner of war camp in Hong Kong where he became infamous as one of the "most sadistic guards" over the Canadian survivors of the Battle of Hong Kong. Scores of prisoners would attest to his brutality administered in revenge for the treatment he had received growing up in Canada. His reputation was such that he was quickly apprehended after the war and faced charges of war crimes. But his subsequent trials became mired in questions as to who he really was. Was he a Canadian forced to serve in the Japanese military machine? Or was he a devoted soldier of his emperor obeying his superiors?
Undue Burden
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KIRKUS PRIZE FINALIST *;An urgent investigation into the experience of seeking an abortion after the fall of Roe v. Wade, and the life-threatening consequences of being denied reproductive freedom * "Indispensable... An impeccably researched, clearheaded and frankly terrifying assessment of just how grave the situation in post-Roe America is... Whatever your gender, race, religious background or political preferences, Luthra's Undue Burden should be on your required reading list."--San Francisco Chronicle On June 24, 2022, Roe v. Wade was overturned, and the impact was immediate: by 2024, abortion was virtually unavailable or significantly restricted in 21 states. In Undue Burden, reporter Shefali Luthra traces the unforgettable stories of patients faced with one of the most personal decisions of their lives. Outside of Houston, there's a 16-year-old girl who becomes pregnant well before she intends to. A 21-year-old mother barely making ends meet has to travel hundreds of miles in secret for medical treatment in another state. A 42-year-old woman with a life-threatening condition wants nothing more than to safely carry her pregnancy to term, but her home state's abortion ban fails to provide her with the options she needs to make an informed decision. And a 19-year-old trans man struggles to access care in Florida as abortion bans radiate across the American South. Before Dobbs, it was a common misconception that abortion restrictions affected only people in certain states but left one's own life untouched. Since the fall of Roe, a domino effect has cascaded across the entire country. As the landscape of abortion rights continues to shift, the experiences of these patients--who crossed state lines to seek life-saving care, who risked everything in pursuit of their own bodily autonomy, and who were unable to plan their reproductive future in the way they deserved--illustrate how fragile the system is, and how devastating the consequences can be. A revelatory portrait of inequality in America, Undue Burden examines abortion not as a footnote or a political pawn, but as a basic human right, something worthy of our collective attention and with immense power to transform our lives, families, and futures.
The USMCA, NAFTA Re-Negotiated and Its Business Implications in a Nutshell
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No lawyer or business operating in North America can escape the significance of NAFTA and its successor, the USMCA. This Nutshell introduces students, lawyers, government officials, and businesspersons to the law and economics of North American free trade. It first examines the basic question: Why Trade at All? The origins, rules, operation, and impact of NAFTA and its environmental and labor side agreements since 1994 follow. Changes made in the 2020 USMCA agreement and their early impacts upon business are explored in detail. In preparing this Nutshell, we have attempted to address the interests not only of North Americans, but also persons located outside the region who are concerned about the externalities of North American free trade, intellectual property rights, and foreign investment.
What Jane Knew
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The children of an influential Ojibwe-Anglo family, Jane Johnston and her brother George were already accomplished writers when the Indian agent Henry Rowe Schoolcraft arrived in Sault Ste. Marie in 1822. Charged by Michigan's territorial governor with collecting information on Anishinaabe people, he soon married Jane, "discovered" the family's writings, and began soliciting them for traditional Anishinaabe stories. But what began as literary play became the setting for political struggle. Jane and her family wrote with attention to the beauty of Anishinaabe narratives and to their expression of an Anishinaabe world that continued to coexist with the American republic. But Schoolcraft appropriated the stories and published them as his own writing, seeking to control their meaning and to destroy their impact in service to the "civilizing" interests of the United States. In this dramatic story, Maureen Konkle helps recover the literary achievements of Jane Johnston Schoolcraft and her kin, revealing as never before how their lives and work shed light on nineteenth-century struggles over the future of Indigenous people in the United States.
The comprehensive guide to legal research, writing & analysis
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The Comprehensive Guide to Legal Research, Writing & Analysis, 4th Edition provides the most comprehensive source for legal research strategies and skills and the most complete examination of legal communication vehicles to meet the needs and requirements of all Canadian and foreign-trained students and lawyers. The book addresses each core skill, taking a logical and pragmatic approach. The fourth edition of this text addresses the needs of changing curriculum and new courses and programs in Indigenous law by including a dedicated chapter on Indigenous legal research from members of the Indigenous Law Research Unit at the University of Victoria. This new content assists Canadian common law schools and the FLSC in fulfilling the Calls to Action from the Truth and Reconciliation Committee, specifically Calls to Action numbers 27 and 28
Advanced Introduction to Feminist Perspectives on Law
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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive policy issues associated with discrete subject areas. This Advanced Introduction overviews the ongoing struggle for gender equality since the nineteenth century. It considers how women have looked to law as a means of facilitating entry into the public sphere, including in higher education, work and professional life. The book examines the feminist assertation that 'the personal is political' and addresses issues in the private sphere that have long been on the reform agenda, including marriage, divorce, sexual assault and violence against women. It also considers the current fragmentation of feminism, or 'postfeminism'; while critics argue the aims of feminism have been achieved, data on sexual harassment and violence against women by intimate partners reveals the continuing elusiveness of gender equality. Key Features: An essential exploration of both modern and historical feminism Focuses on the four key themes of active citizenship, paid work, intimate relations and violence and criminality to clarify how law reform is addressed Considers the increasing diversity in trends in intimate relationships, such as same sex marriage, the decline in traditional marriage and the consequences of separation.
Research Methods in Labour Law
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This Handbook provides an accessible overview of the different methods, approaches and theories which can be used to enrich labour law research. Drawing on cutting-edge research projects, leading scholars present insights and reflections on the past, present and future of labour law scholarship. Canvassing theory, as well as legal, qualitative and quantitative methods, this engaging Handbookdraws on international perspectives to explore how labour law research methods vary across jurisdictions. The Handbookconsiders the use of ethnography, multilingual research with EU migrant workers, Indigenous research methodologies and surveys to accumulate data. Featuring chapters on feminist critique, vulnerability theory, industrial relations, economic analysis, anthropology and socialist labour law, it puts forward an integrated approach to framing and developing labour law research projects. Research Methods in Labour Lawis an essential resource for postgraduate and research students, early career academics and senior scholars looking for legal methodological inspiration. It is particularly useful for those in the fields of labour and employment law, research methods in law, and socio-legal research.
Injunctions in Private Law
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Injunctions in Private Lawpresents the key principles, rules and case law relating to the granting of injunctions as remedies in private law. This authoritative work addresses a range of legal infringements namely nuisance, trespass, invasion of privacy, breach of contract and the infringement of intellectual property rights. Key Features: Clear and coherent analysis of the key legal principles applying to the law on injunctions in private law, which demonstrates how those principles can be applied to new issues as they arise Exposition of the current legal tests for the granting of injunctions and how they can operate most effectively Analysis of the claimant's need for an immediate remedy and how this can be reconciled with the due process rights of the defendant Discussion of prevalent debates in contemporary injunctions law, such as the optimum test for granting interim injunctions and whether damages or injunctions are a more appropriate remedy for the infringement of private rights Injunctions in Private Lawis indispensable for legal professionals practising in the area of private law, especially those involved in preparing and presenting cases in the senior courts. Scholars and students of equity and trusts, contracts and private law remedies will also benefit from the fundamental principles discussed in this essential resource.
International Arbitration and EU Law
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In this substantially revised and updated second edition, this work examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law's impact on party autonomy and on the margin of appreciation available to arbitral tribunals. This second edition covers all relevant new developments in law and practice, and tracks the ever-increasing influence of EU law and the jurisprudence of the Court of Justice of the EU (CJEU) in international arbitration. Key Features: An analysis of the relevance of EU law on the validity of international agreements to arbitrate Consideration of the impact of EU law on challenges, recognition and enforcement of international commercial awards, and the relationship between anti-suit relief, EU law and the New York Convention An introduction to the complex areas in which the EU regime and international investment arbitration laws intertwine, through a review of the development of the EU's investment policy An examination of the impact of EU law on specific issues in international investment arbitration including the Energy Charter Treaty, procedural issues (both ICSID and non-ICSID), damages, taxation, and the proposed Multilateral Investment Court and international taxation Discussion of proposals to support climate responsive international investment and commercial arbitration regime An analysis of alternative dispute settlement mechanisms in investment treaties International Arbitration and EU Lawis a specialist guide for arbitrators, lawyers, judges, and expert witnesses. It will also greatly benefit academics and advanced students working, researching or teaching international arbitration law.
Comparative Law
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This book provides a practical introductory guide to comparative law. Fernanda G. Nicola and Günter Frankenberg present and examine conventional and critical approaches to legal comparison, exploring its ramifications in the field and political effects. Comparative Lawbegins by outlining the theory and methodology of this critical legal practice. Chapters present real-world problems that the law faces in eight specific fields: property (informal property), contracts (specific performance), tort (wrongful birth), family law (same-sex marriage), administrative law (COVID-19 measures), constitutional law (veiling), legal transfers (gun control), and legal histories (indigenous property claims). Whilst examining various approaches to legal comparison, Nicola and Frankenberg crucially recognize how legal knowledge can be perpetually reconstructed, abstracted, and re-contextualized in diverse settings across space and time. Pairing real-world contemporary examples with established legal principles and practices, this book is an essential resource for teachers and students of comparative law and legal anthropology. Its practical case application will also be of interest to political scientists and journalists engaged in international legal regimes, problems, and solutions.
Research Handbook on the Metaverse and Law
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This Research Handbookanalyses the role of law in a universe fractured by new and disruptive technologies such as metaverse platforms. Contributing authors explore how the law will and must adapt as new dimensions are introduced to issues such as intellectual property rights, e-commerce, NFTs and cryptocurrencies, data privacy, contract law, but also human rights, consumer law and criminal law. The issue of abuse and manipulation of users is the focus of several contributions. In this innovative Research Handbook,global experts discuss the philosophical and legal questions raised by the use of immersive platforms for leisure and gaming, as well as professional, commercial and medical activities. The authors employ legal frameworks to understand the metaverse from the perspectives of personality, property, obligation, harm and liability, examining how current law succeeds and falters in regulating the challenges presented by virtual worlds. They consider the dangers to ordinary citizens and vulnerable consumers and provide insights on how legislation should be developed prior to the creation of a fully functioning metaverse in order to prevent the erosion of fundamental human rights. This book is a crucial resource for scholars and students of Web 3.0 and AI law. Its comprehensive coverage of the intersection between law and the metaverse is indispensable for professionals in the field.
Kritika
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The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Propertyis a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline. The essays in this 6th volume in the series draw new lines of research, reaching from investigating the imperfections of technology markets and ways to overcome them, to the complexity of the multiple interacting factors determining the needs and uses of intellectual property that reveals the futility of any wholesale assessment; from the dysfunctional attribution of rights of exploitation for patents resulting from publicly funded research, to the extension of patentability to aesthetic subject matter in the era of digitalization; from the ambivalent effects that philanthropic sponsorship of access to medicines may produce on creating a domestic pharmaceutical industry and infrastructure, to the expansion of protection of regulatory data by the rules on market authorization of pharmaceuticals; and finally, from the impact of technological change on the societal perception and the concepts of copyright, to that which artificial intelligence may eventually have on the very foundations of patent protection as an incentive for investment in innovation. With contributions from: Julian Cockbain, Christine Godt, E. Richard Gold, Christoph B. Garber, Dietmar Harhoff, Heinz Klug, Nari Lee, Gabriela Lenarczyk. Duncan Matthews, Sigrid Sterckx, Żaneta Zemła-Pacud
A Research Agenda for Cultural Heritage Law
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Elgar Research Agendas outline the future of research in each area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary. This Research Agenda recasts cultural heritage law, emphasising the importance of developing rigorous and socially engaged scholarly research in the field. It analyses tensions and methodologies, using the return of colonial cultural objects as a key case study. Building on empirical insights as well as current legal scholarship, this book challenges assumptions about the role of cultural heritage law. Dissecting binaries such as international versus national, public versus private, and tangible versus intangible, Lucas Lixinski questions the foundations of the field before examining it through different theoretical lenses such as historicisation and pragmatism. He engages with broader concerns in the legal discipline including human rights and the interests of local communities, and considers arguments in favour of and against cultural restitution. Ultimately, Lixinski argues that critical heritage law research must focus on interculturality and redistribution, and inspires the reader to leverage these ideas and tools for social justice. Engaging and innovative, this book is a valuable resource for PhD researchers looking to take their studies beyond the status quo. Its novel reflections will also engage established academics in cultural heritage and art law, intellectual property law, public international law and critical heritage studies.
Research Handbook on Law and Psychology
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This Research Handbook presents a kaleidoscopic view of law and psychology as a multidisciplinary field of study and explores major themes at the intersection of these two scholarly traditions. Adopting an expansive approach, it examines important topics including theories of justice, morality, and legitimacy; social norms; system justification theory; and the role of emotion within law. Featuring contributions from a diverse array of expert academics, this Research Handbook showcases a number of sophisticated methodologies including field research, survey work, and novel statistical analyses. It explores not only how psychological research can affect legal doctrine and theory but also how legal doctrine and theory ought to influence psychological research. Individual chapters survey key areas such as jury decision-making, eyewitness testimony, false confessions, juvenile justice, and the role of social science research and standards of proof in the courtroom. Recently developed perspectives on law and psychology are also critically examined, demonstrating how decision-making processes can play a variety of roles in legal contexts. Thought-provoking, innovative, and authoritative, this Research Handbook will prove indispensable to academics, researchers and students in law and social and behavioral psychology. Legal practitioners looking to better understand the close relationship between law and psychology, which both take human behavior as their fundamental and core concern, will similarly benefit from this important resource.
Research Handbook in Data Science and Law
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This thoroughly updated Research Handbook examines the recent exponential growth of data use in society and its implications for legal research and practice. It explores contemporary research in the field of data science, as well as the operationalization of data for use in healthcare, urban governance and smart household devices, among others. Considering the emergence of Data Science and Law as a new legal discipline, the editors analyze pressing legal questions accompanying the rise of data-driven technologies. Drawing on comparative perspectives, this revised edition examines the possibilities and limitations of the current legal framework, investigating whether new regulation is needed to respond to problems raised by data science, and detailing the potential ethical issues arising from the use of data. It also evaluates the evolution of the regulation of artificial intelligence, generative AI and large language models, and EU legislation concerning consumer contract law and data protection. The Research Handbook in Data Science and Lawis an essential resource for students of information and media law, internet and technology law, and research methods in law, as well as legal scholars and practitioners in the field. Data scientists seeking to further understand the law surrounding the field will also find this Research Handbook invaluable.
Access and Benefit-Sharing in Global Aquaculture
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This illuminating book incisively surveys the complex legal regime of access and benefit-sharing in key aquaculture countries. With an international focus spanning countries across Africa, Asia, Europe and South America, the authors explore the application of international legal standards and how these translate into domestic measures. Presenting key critical perspectives, the book examines the ways in which access and benefit-sharing laws facilitate access to aquaculture resources and how they could, in return, deliver a fair and equitable share of the benefits, promoting conservation and longer term food security. The authors' in-depth analysis of various case studies reveals that these legal standards rarely accommodate the distinctive features of aquatic genetic resources, digital sequence information and traditional knowledge. They argue that the access and benefit-sharing concept is not fit for purpose and suggest how the concept could be re-imagined to achieve more efficient outcomes for conservation, sustainability, fairness and equity. Access and Benefit-sharing in Global Aquacultureis a fundamental resource for academics, researchers and students of environmental law and governance, environmental politics and policy, management, and regulation. Policymakers working with the aquaculture industry will similarly benefit from the authors' practical recommendations.
Non-Fiscal Tax Policies and State Sovereignty
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In this interdisciplinary book, Giulio Allevato explores how the non-fiscal function of the taxing power has contributed to the establishment, consolidation, and maintenance of an effective power to govern in modern nation states. Innovative in its historical approach, this book illustrates how the link between non-budgetary tax policies and state sovereignty continues to play out in the current global landscape. Non-Fiscal Tax Policies and State Sovereigntyidentifies and analyses certain 'waves' of regulatory and redistributive tax policies whose enactment or discussion has presented similar features among several nation states. Allevato discusses how these non-fiscal tax policies played a decisive role in the establishment of full state sovereignty, namely by favouring nation states built on centralized governments and consolidating their ruling powers. Ultimately, Allevato assesses how an internationally and supranationally coordinated use of the taxing power's non-fiscal function continues to play a decisive role in the ability of national governments to effectively exercise their authority against the emergence of a sort of 'corporate feudalism'. This insightful book is a crucial resource for students and scholars of international tax law, tax policy and legal history. It is also beneficial to political scientists interested in the development of modern nation states and on the role of taxation in this.
Research Handbook on Property, Law and Theory
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This comprehensive Research Handbook interrogates and offers historical as well as contemporary understandings of property, property law and property theory. Chapters locate the role of property in key theoretical debates and examine property's place in significant social contexts, covering topics such as Indigenous property, artificial intelligence, cryptoassets, property and the art world, environmentalism and climate change. Bringing together over 30 contributors from Asia, Australasia, Europe and North America, the Research Handbook surveys the dynamic fields of property and property law across legal traditions through different historical, contemporary, comparative and jurisdiction-specific lenses. Contributing authors pose questions as to how property can and should be theorised and conceptualised, incorporating insights from feminist and LGBTQ+ perspectives, as well as questions surrounding property and emotion, squatting and human rights issues. Contributors explore how property operates in different legal frameworks and in these distinct contexts, reflecting on property's place in theory and society. Presenting unique insights from leading experts in the field, this prescient Research Handbook is a thought-provoking read for students and scholars of legal theory, property law, property theory and socio-legal studies.
Research Handbook on Law, Society and Ageing
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The Editors of the volume, together with expert contributors from Australasia, Canada, Europe, UK, US, and elsewhere, adopt an interdisciplinary approach to the study of law, society and ageing to improve understanding on key issues in these fields. Organised thematically, chapters examine issues such as law, ageing and human rights; specialist legal services for older people; work and pensions; access to justice; health and wellbeing; care and support. Written in an accessible style, the Research Handbook on Law, Society and Ageingrecognises diversity amongst older people and their various social contexts, showcasing debates on how these complexities should be addressed. Broad in scope and including contributions from a wide range of social, legal, gerontological, health, social welfare and social work disciplines, this Research Handbook is invaluable for scholars and practitioners in law, health, and social care. Activists and those interested in advocating for the rights of older people will also find the wide-ranging topics to be highly informative.
International Legal and Ethical Perspectives on Uterus Transplantation
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This innovative book provides an in-depth exploration of the legal, regulatory and ethical challenges posed by the practice of uterus transplantation (UTx) from a wide range of international perspectives. Adopting a multidisciplinary and holistic approach, the book brings together a diverse group of distinguished academics to consider the current legal and ethical climate surrounding uterus transplantation, a procedure which has been subject to increasing debate since the first UTx birth in 2014. Presenting both a comparative analysis of existing laws and regulations on UTx across the globe, and the perspectives of key academic voices on the ethical questions raised by UTx, authors tackle key issues including the right to gestate, the value of alternatives to UTx, the ethics of donor and recipient selection, child welfare concerns and public and private funding for UTx. The book also examines the future implications of UTx and potential advancements in the field to anticipate and critically evaluate the trajectory of the procedure on a wider international scale. International Legal and Ethical Perspectives on Uterus Transplantationis an indispensable resource for researchers, academics and students of health law, medical law, and human rights law. It is also a key reference point for legal practitioners, healthcare professionals, policymakers, and regulators.
Introduction to International Business Transactions
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This updated textbook explains the legal concepts, regimes and actors that regulate international business transactions. The book guides readers through the major aspects of international business law using state-of-the-art teaching techniques and offers comprehensive coverage on key treaties, legal aspects of international commerce and the regulation of global trade and investment. Thoroughly revised, it covers a range of topics in the field, including transnational intellectual asset protection, international commercial agreements, import and export regulation, foreign direct investment and planning for international business disputes. Key Features: Illustrations outlining complex legal concepts to reinforce learning Practice essays and multiple-choice questions to strengthen understanding Thematic organisation of the material according to critical business challenges faced by those who work in the field Policy boxes exploring the basis for the regimes and doctrines that regulate world trade and case study boxes to illustrate how these work in action Notes written by practitioners, offering practical insights into the daily life of lawyers in different fields of international business law and what skills are conducive to success in each. Comprehensive and dynamic, this textbook will be crucial reading for students of international business transactions, as well as students of all levels in international business law searching for a broad and engaging exposition of the field. To keep adopters of his coursebook up-to-date on major new developments in international business law, Prof. Fellmeth edits the only international business law blog for law faculty teaching the subject. Click here to view the blog: http://blogs.asucollegeoflaw.com/ibt/ A comprehensive companion website for instructors and students can be found at: https://www.e-elgar.com/textbooks/fellmeth/
Judicially Crafted Property Rights in Valuable Intangibles
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Apostolos G. Chronopoulos examines the doctrine of misappropriation offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic. In the INS case, the Supreme Court held that a news agency may enjoin third parties from copying its news stories while these are still 'fresh'. Chronopoulos seeks to clarify the heavily debated doctrinal issues that have since arisen as to: the exact legal nature of the recognized entitlement; whether the Supreme Court sought to establish a principle of general application; and the extent to which state claims to protect valuable intangibles under a common-law theory of liability survive federal preemption. Chronopoulos argues that the protection offered at state level should not be confined to the availability of a narrow tort of unfair competition protecting highly time-sensitive subject matter against parasitic appropriation by direct competitors; rather, the application of the misappropriation doctrine is bound to generate judge-made property rights in intangibles with time value. This book is an indispensable resource for academics who would have an interest in reexploring and revisiting the topic from a doctrinal perspective. Practitioners would also find the book's theoretical groundwork useful.
The 2024 annotated mental health provisions of the criminal code : part XX.1
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The 2024 Annotated Mental Disorder Provisions of the Criminal Code, Part XX.1 is an updated excerpt from the recently published Annotated Ontario Mental Health Statutes, 5th edition (Irwin Law, 2022). This text provides legal and mental health practitioners with an easy-to-use annotation of Part XX.1 of the Criminal Code. This portable book focuses exclusively upon the Mental Disorder provisions of the Criminal Code and will be produced annually with updates to the legislation and caselaw as and when they occur. In addition, this book provides an overview of practical matters, tactical matters, relevant caselaw, and legislation dealing specifically with the matters of Fitness to Stand Trial and Criminal Responsibility. The Rules of Procedure of the Ontario Review Board are included, as are all of the relevant Forms dealing with Orders that may be made within Part XX.1 of the Criminal Code. This conveniently formatted text places the updated caselaw annotations and commentary adjacent to the legislative provisions to which they relate, following the logical organization of the statutes
Ontario public service employment & labour law ; Second edition.
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his updated edition covers persons employed under the Public Service of Ontario Act in ministries and agencies, as well as Order in Council appointees, MPPs, legislative officers, and judicial officers. The text addresses issues with the terms and conditions of employment or of an appointment, including: * job security, discipline, salary, and pension arrangements * ethical standards, including conflict of interest, and the role of the Integrity Commissioner * rights under the Human Rights Code, Occupational Health and Safety Act, and Employment Standards Act * labour relations under the Crown Employees Collective Bargaining Act, encompassing the right to strike, interest arbitration, essential services, comparison with the Ambulance Services Collective Bargaining Act, and successor rights, including the Public Service Labour Relations Transition Act * the administration, jurisdiction, and jurisprudence of the Grievance Settlement Board and Public Service Grievance Board * the overlapping jurisdiction of the Ontario Human Rights Tribunal, courts, and arbitrators * the applicability of the Freedom of Information and Protection of Privacy Act to public servants' advice and to labour relations records.
Mediation for lawyers : a practical guide for effective representation of your clients
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Mediation for Lawyers is a must-read for lawyers who want to help their clients resolve their conflicts successfully in mediation. This practical guide provides lawyers with a structure to follow from the first consultation with a client to the conclusion of the mediation process. Explanations, advice, checklists, and sample clauses for drafting a settlement agreement make this book invaluable as a reference manual not only for the uninitiated and law students, but also for lawyers with some mediation experience who wish to improve their skills.
Search and seizure
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Search and Seizure offers a comprehensive resource on section 8 of the Canadian Charter of Rights and Freedoms in a narrative format accessible to general readers, with close to exhaustive coverage for lawyers and judges. It deals with all aspects of section 8, including a “reasonable expectation of privacy,” the many sources in law authorizing a search or seizure, when such laws are reasonable under the Charter, and when a search or seizure is conducted in a reasonable manner. Authors Robert Diab and Chris Hunt also include a detailed account of how warrants are obtained and the law on executing them, how to challenge the validity of a search or seizure, and remedies for a breach of section 8. Its concision, accessibility, and scope make this an ideal book for students and jurists alike.
Detention and arrest
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he criminal justice system aims to maintain a balance between the individual interest of private citizens to carry on their lives free from state interference, and the communal interest in maintaining a safe society. These two goals come into conflict with each other most visibly when agents of the state take control of private citizens--that is, when they exercise their powers to detain or to arrest. The book focuses on “street-level” encounters: detentions and arrests that occur in the course of investigating crime and laying charges. The authors explore the initial interaction between agents of the state or others authorized to detain and arrest, and the private citizens whose liberty is interfered with. It is at that point that the balance between societal safety and individual liberty is most keenly in play. This third edition has been updated to incorporate significant statutory changes to Part XVI of the Criminal Code (Compelling Appearance of Accused Before a Justice and Interim Release), to common law powers (powers of detention, safety searches, search incident to arrest, etc.), to developments in the law in deaing with racial profiling, and to Charter rights (freedom from arbitrary detention, right to counsel, and so on).
A proactive practitioner’s guide to section 11(b) of the Charter
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Since the Supreme Court’s landmark decision in R v Jordan, 2016 SCC 27, there has developed a complex new body of jurisprudence respecting how section 11(b) of the Charter of Rights and Freedoms is to be interpreted, and how the Jordan framework should be applied. A Proactive Practitioner’s Guide to Section 11(b) of the Charter provides a comprehensive and detailed review of the relevant caselaw, addressing issues including when section 11(b) is engaged, to what portion of proceedings the framework applies, how key concepts such as defence-caused delay and discrete exceptional circumstances are defined, how the impact of the pandemic has been accounted for, how section 11(b) is applied on sentencing, and considerations related to interlocutory proceedings and appeals. This guide provides both an examination of the caselaw relevant to these issues, and analysis and discussion related to outstanding questions yet to be settled by the courts. Accordingly, it will provide practitioners with ready answers, a foundation to pursue legal argument related to section 11(b) of the Charter, and with a roadmap to areas still open to be litigated."-- Provided by publisher.
Resettlement As Protection
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This timely book focuses on one of the so-called "durable solutions to the problem of refugees" that UNHCR has been charged to pursue: resettlement. Resettlement consists of the transfer of refugees from their country of asylum to another state in case of severe protection problems in the country of asylum. States are not obliged to offer resettlement places, and in practice that means that resettlement is run as a discretionary immigration scheme. This book attempts to integrate resettlement in international refugee law. Key to the analysis is understanding what the need for resettlement means: in essence a second country of asylum. The integration of resettlement in international refugee law does not mean an end to the discretion states have; but once the decision has been taken to process UNHCR resettlement referrals, discretion gives way to the applicability of international (refugee) law. Since it is not included in the main refugee treaties, resettlement has so far never been considered in terms of international refugee law with detrimental consequences for the refugees concerned. This book demonstrates that treating resettlement as an outlier is not only out of sync with the international rule of law, but moreover legally untenable. Forward-thinking and incisive, Resettlement as Protectionis a fundamental resource for students and scholars of international refugee law, international law, human rights and migration. It is also key reading for resettlement practitioners, lawyers, advocates and activists working in the fields of refugee rights and international law.
Managing Your Leadership Career in Law
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In this practical and insightful book, Dr Nigel Spencer and Mike Mister provide expert guidance to both aspiring and established law firm leaders, to help them to successfully navigate the specific leadership challenges partners face in private practice environments. Offering a unique practitioner perspective, they cover what partners need to know, do, and what skills they need to develop, at each step of their leadership journey. Key features: Engaging and accessible writing style Guidance on how partners can effectively manage career transition points A series of best-practice case study 'stories' on how law firm partners can best lead in different situations Practical tips for law firm leaders based on the authors' own experience as coaches and consultants specialising in law firm leadership development. Managing Your Leadership Career in Law is an indispensable guide for partners in private practice law firms across the globe. Senior and Managing Partners seeking to maximise the effectiveness of their leadership cohort will also benefit from the guidance offered, as well as academics and students learning about private practice law firm leadership, and management in the legal sector more generally.
Research Handbook on Disasters and International Law
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This thoroughly revised second edition investigates the role of international law in preventing, preparing for and responding to both 'sudden' and 'slow-onset' disasters. Expert contributors take a new look at disasters and international law, covering key concepts such as disaster risk, frameworks which regulate response and recovery from a domestic and regional perspective, and questions concerning vulnerability and marginalisation. With both revised and entirely new chapters, this Research Handbook explores international law in light of significant contemporary global challenges and developments in theory, law and practice. It also reflects on the COVID-19 pandemic and the lessons learnt to implement change for future crises. The broad perspectives in this Research Handbook ensure this is an essential read for scholars and researchers of international law and disasters. Policymakers in the fields of law and development, as well as governance and regulation will also find this book to be a useful resource for future planning.
A Research Agenda for Comparative Law
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Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This prescient Research Agenda explores how comparative law has developed significantly in this century, offering insights into different perspectives on its scope, methods and outlook. It addresses the similarities and differences between legal systems and traditions, expressing why pluralistic methodology strengthens comparative law as a discipline. Chapters cover critical topics including decolonial comparative law, comparative law and cyberspace, and anthropological approaches to comparative law, ultimately constructing a theoretical framework that builds towards future potential research ventures. Editor Jaakko Husa brings together a strong collective of experts to illustrate how the plurality and interdisciplinary nature of the field does not necessarily lead researchers to a single, normative path. Legal scholars seeking new avenues for comparative law studies will find this Research Agenda highly inspiring, whilst students will also benefit from the book's leading scholarly insights.
Towards a Zero-Emissions and Digitalized Transport Sector
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Bringing together an interdisciplinary team of contributors, this book tackles the legal, logistical and supply chain challenges facing the transport sector in the context of climate change and technological development. In particular, it focuses on the European Union, which has placed a strong emphasis on ensuring future sustainability. This innovative book analyzes how regulators at the European and global level are working to facilitate a shift towards a zero-emissions, digitalized transport industry, incorporating new environmentally sustainable energy sources and fuel alternatives. Experts in the field showcase how the EU has been particularly active in pursuing these objectives, for example with regard to its Green Deal. They assess various legal, logistical, practical, and organizational approaches, providing a holistic picture of the potential solutions to the challenge of decarbonizing the transport sector. Ultimately, the book questions whether existing and proposed legal frameworks are sufficient for implementing the approved policies and achieving necessary systemic change. Towards a Zero-Emissions and Digitalized Transport Sectoris an invaluable read for academics in environmental law, maritime law, and transport law, as well as logistics and supply chain management. Industry professionals, such as politicians and decision-makers across the globe, will also find this book a crucial resource.
Frand
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This book provides a systematic overview of recent German case law on the fair, reasonable, and non-discriminatory (FRAND) licensing of standard-essential patents (SEP). Principal SEP/FRAND concepts are demonstrated and analysed, such as willingness to license, the FRAND offer, reaction duties and the counteroffer, FRAND-compliance of royalties, portfolio transfers, confidentiality disputes and damages. Global forward-looking topics are also considered in relation to German developments, including alternative dispute resolution and anti-suit/anti-anti-suit injunctions. Key Features: Provides clear and detailed analysis on the latest developments in German FRAND/SEP case law, giving readers access to case law which has not previously been available in English. Contextualises German SEP/FRAND case law from an international perspective Examines the competing approaches to SEP/FRAND issues in prominent jurisdictions Presents insightful commentary on how thought leaders and decision-makers perceive the future of SEP/FRAND licensing This book is essential for legal practitioners in competition law and patent law, particularly judges seeking a readily accessible source of information on this evolving body of law. It is also beneficial to scholars of competition and antitrust law and intellectual property law.
The Protection of Geographical Indications
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In this thoroughly revised and updated third edition, Michael Blakeney investigates the European laws regulating the use of geographical indications (GIs) in the marketing of agricultural products, food, wines and spirits, and cultural products such as handicrafts. He outlines the protection of European GIs outside the EU through bilateral trade agreements, as well as the protection of GIs of third countries within the EU. Key updates to this comprehensive third edition include: Revised examination of the objectives of GIs protection A new chapter exploring Regulation (EU) 2023/2411 on GIs for craft and industrial products Analysis of the impact of Brexit on GIs for British products in the EU and EU products in Britain New content discussing the protection of wine GIs under the regulation on the Common Organisation of Agricultural Markets (CMO) Providing practical advice and analysis, this third edition continues to be an essential resource for legal practitioners of intellectual property, international economic law and trade law, advising or working within the agriculture, crafts and food industries in the EU. Policymakers and businesses marketing their products under GIs will also find this book beneficial.
Design Law
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This book provides a comprehensive assessment of the current legal landscape of global design law. It includes practice-based and analytical accounts of national design laws from several representative jurisdictions and delves into the practical and theoretical dimensions of some of the most urgent procedural issues facing this legal field. Key Features: Insights from experienced practitioners and subject matter experts Examination of key jurisdictional issues in design law, including practice suggestions Comparative legal analysis of the design laws in countries spanning Asia, Australasia, Europe and North America Exposition of key concepts in design law, including aesthetic creative freedom, cumulative protection and spare parts Coverage of complex, developing issues such as the protection of AI-generated works and the reframing of design law to align with the goals of the circular economy Highly practical and authoritative, Design Lawis indispensable for legal professionals practising in intellectual property law and international commercial law. Written in an accessible style, this book is also a valuable reference to legal scholars and law students interested in design, intellectual property, and fashion law.
The Elgar Companion To The Law And Practice Of The International Maritime Organization
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This Companion sheds light on the law and practice of the International Maritime Organization (IMO), which plays a key role in securing safe, secure, and efficient shipping on clean oceans. Considering core elements of IMO history, this insightful Companion delineates how the Organization has revitalized its law-making powers, encompassing an increasing number and range of maritime-related activities. Taking into account the perspectives of flag, port, seafaring, and ship-owning states, the chapters focus on areas of increasing concern such as compliance and enforcement, and ocean governance. Expert contributors critically examine the efforts made and limitations encountered by the IMO in contributing towards achieving the United Nations Sustainable Development Goals, exploring the potential for building a sustainable and inclusive maritime governance. Ultimately, this Companion showcases how the IMO evolved from an ostensibly consultative inter-governmental forum into an active global standards-setting organization. Comprehensive in scope, The Elgar Companion to the Law and Practice of the International Maritime Organizationis an essential resource for students and scholars of public and private international law, transport law, and governance studies. Policymakers, legislators and practitioners working in international maritime law will also benefit from the broad coverage of legislation and policy issues.
Research Handbook on Judicial Politics
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This timely Research Handbook offers a comprehensive examination of judicial politics, both in the US and across the globe. Taking a broad view of the judiciary in all levels of the court, it examines the present state of the field and raises new questions for future scholarly exploration. Expert authors critically analyse what the current literature tells us about important phenomena related to judicial politics, while simultaneously expanding the scope of that knowledge through original empirical research. Chapters cover the process of judicial decision-making in different types of courts, before discussing the electoral dimensions of judicial appointments, as well as vertical and horizontal constraints on judicial behaviour. They also address extrajudicial communications, public opinion and legitimacy, before concluding with an examination of methodological issues in judicial politics research. Accessibly written, the Research Handbook on Judicial Politicsis a vital resource for graduate and undergraduate students of law, political science and public policy. It is also beneficial to practitioners in law and law related fields who are interested in gaining insight into the processes and structure of the judiciary.
Research Handbook on Domestic Violence and Abuse
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This Research Handbook examines the evolution of understandings and legal definitions of domestic abuse, illustrating the importance of expanding these beyond physical violence to encompass coercive control. Drawing on academic literature, legal doctrine and the lived experiences of victims and survivors, it highlights how responses to domestic abuse can be improved in civil, family and criminal justice systems. Through an analysis of global legal developments, contributing authors identify failures in the handling of domestic abuse and provide expert insight into how to address these. They focus in particular on the law and processes for obtaining protection orders across jurisdictions, and the handling of domestic abuse in financial and child arrangement proceedings following the breakdown of a relationship. Chapters also cover key issues such as LGBTQ+ intimate partner violence, the prosecution and sentencing of domestic abuse and defences for victims/survivors. The Research Handbook emphasises the importance of effective legal responses to domestic abuse in fulfilling human rights treaty obligations. The Research Handbook on Domestic Violence and Abuseis an essential resource for scholars and students of family law, criminal law, criminal justice and social policy. It is also an important guide for legal professionals seeking to sensitively handle cases involving domestic abuse.
Research Handbook on EU Energy Law and Policy
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This thoroughly revised second edition presents a comprehensive overview of the most important contemporary research in EU energy law and policy. The Research Handbook brings together a diverse array of experts, highlighting the multifaceted nature of this continually developing field. Divided into four broad thematic areas, the book considers in turn the various elements of EU energy law and policy, namely its institutional, external, economic, social, legal, environmental, and technological aspects. New chapters in this second edition discuss the EU's response to Russia's invasion of Ukraine, India-EU relations, EU-Gulf cooperation, and the importance of energy trade agreements for the recognition of environmental refugees. Presenting cutting-edge research on the major energy policy challenge which the EU will face in the coming years, this Research Handbook expertly situates the field of energy law and policy in the broader context of international economic law and governance. The Research Handbook on EU Energy Law and Policy: Second Editionwill continue to be a vital reference for legal academics, students, and scholars in energy law and policy. It is also of practical interest to lawyers, economists, and policymakers working in related fields such as climate change, international trade, and sustainability management.
