Becoming Nations Again
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North America's Indigenous inhabitants operated effective governments long before European arrival. Tribes built cities, developed laws, and participated in transcontinental trade networks. European arrival, however, brought many hardships for Indians. Although tribes were guaranteed the right to self-govern on reservations, the United States imposed severe restraints on tribal autonomy resulting in socioeconomic maladies, such as poverty and crime. Today, federal policies continue to inhibit tribal self-governance. As a result, tribes continue to suffer from these social ills. Becoming Nations Again argues empowering tribal governments is the key to solving tribal problems. It moves to liberate tribes from the antiquated regulations that apply only to tribal lands and allow tribes to exercise jurisdiction over all people on their land. Once this occurs, tribes will be free to implement their own laws and participate in the federalist system. This title is also available as Open Access on Cambridge Core.
Bench Strength
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Kerry Harnish, an expert in tax policy and a former senior official with Finance Canada, provides an authoritative account of the Supreme Court of Canada's approach to income tax avoidance from 1920 to 2019. He takes us on a journey exploring Canada's national income tax system, through the opinions of the Court's nine most influential judges in income tax over the period. Weaved into the narrative are fascinating anecdotes related to many cases and important historical, political, and economic events that likely influenced the Supreme Court and its judges when deciding the disputes. Backed by statistical analysis, Bench Strength reveals that the Supreme Court and its judges denied income tax avoidance in 83% of the disputes decided before the Charter of Rights and Freedoms was enacted in April 1982. However, since then, the Court and its judges have allowed income tax avoidance in 73% of the disputes. Does a cultural shift emphasizing individual rights over obligations, and the enactment of the Charter in 1982, explain this reversal in the Supreme Court's approach to income tax avoidance in the Charter era? Bench Strength is a must-read for those who care about tax and want to better understand the Supreme Court of Canada's evolving approach to income tax avoidance.
Content-Independence in Law
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This Element examines the notion of content-independence and its relevance for understanding various aspects of the character of law. Its task should be understood expansively, as encompassing both inquiry into that which makes law into what it is, and inquiry into what law ought to be, which values it ought to serve, and which aspects of its character may play a facilitative role in law realising aspects of its potential. Many existing discussions of content-independence focus largely on the justificatory aspects of content-independence: whether, and, if so, how, there can be content-independent reasons for action, or content-independent justifications of rules, or the extent to which political obligation is content-independent. This Element, too, examines such issues but also seeks to explore an additional possibility: that the notion of content-independence can illuminate issues regarding law's existence, identification, and systematicity.
Dignity and Rights
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Dignity and rights are pervasive ideas. But how exactly should we understand them? Although philosophical theories of dignity and of rights typically proceed independently of each other, this Element treats them together. One advantage of doing so is that we can see a deeper unity underlying the familiar difficulties of standard accounts of dignity and rights (Sections 1 and 2). A second advantage is that understanding how many of the difficulties stem from the reductivist structure of the standard accounts lets us envisage a non-reductivist alternative. Drawing from the metaphysics of kinds and dispositions and from social ontology shows that dignity and rights are fundamental and interdependent normative properties. As pre-conventional properties (Section 3), dignity and rights mark a distinct type of value and function dispositionally, directed to actualization through recognition by others. As social properties (Section 4), they specify the normative status and entitlements constitutive of social kinds.
International and Foreign Legal Research in a Nutshell
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This Nutshell provides a basic introduction to international and foreign legal research for the non-specialist. It offers guidance through the unfamiliar pathways of research using international and non-US legal materials and demystifies the world of treaties and international case law. Since it's aimed at the non-specialist, it provides straight-forward background information on the United Nations and the European Union and includes guidance using the documents and legal materials of these institutions. There are extensive links to the rich world of Web resources, but it also describes print research tools that remain important in this field. It also sets out a road map for approaching a research problem involving international, foreign and comparative law. There is information on keeping current on new information and resources as well as tips for how to do handle source collection and cite-checking an international law journal article. Finally, a chapter is dedicated to using technology to support the research process.
Legal Rights and Moral Rights
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In a short span, this Element will delineate the general nature of legal and moral rights and the general nature of the holding of rights, and it will also sketch the justificatory foundations of rights. Hence, the Element will treat of some major topics within legal, political, and moral philosophy as it combines analytical theses and ethical theses in a complex pattern.
The Life of Shari'a
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Is there a way to think about contemporary life with knowledge that is neither modern nor Western? Rather than confining Islam to a "religion" and shariʿa to its "law," Youssef Belal provocatively argues that Islamic shariʿa is a mode of knowledge with its own concepts and scholarly categories through which the world and the self are grasped. The Life of Shariʿa considers two intertwined lineages: how Islamic scholars have formulated knowledge from the classical period to today and how Westerners have understood the law and its origins. By melding these two traditions, Belal puts the formation of modern law under a new light and offers, through a compelling conceptualization of shariʿa, a powerful argument for its continued relevance to the life of contemporary Muslims.
Mapping Neshnabé Futurity
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In Mapping Neshnabé Futurity Blaire Morseau weaves together on-the-ground insights and Indigenous speculative fiction to illustrate the profound ways in which Anishinaabé/Neshnabé (Potawatomi, Odawa, and Ojibwe) communities are reclaiming their sovereignty and crafting vibrant futures. Morseau lays out how Neshnabék have marshaled dissent to hydrologic fracturing, oil pipelines, and other damaging infrastructures of capitalist settler futurity. The book positions these efforts as vital acts of nation building and visionary reclamation of space, both terrestrial and celestial. Morseau also challenges the hegemonic narratives of settler futurism found in mainstream science fiction, which often perpetuate colonial fantasies and exclude marginalized voices. By fusing ethnography of tribal nation-building projects and analysis of Indigenous speculative fiction, Morseau provides a path to Indigenous futurisms and its role in imagining decolonization. Morseau's analysis underscores the potency of Indigenous knowledge systems and ceremonial practices in imagining and actualizing alternative futures. Mapping Neshnabé Futurity is an essential read for scholars and activists alike, urging a rethinking of how we conceive of futurity and sovereignty. This work shows how counter-mapping projects both on the ground and in the skies reclaim space in the Great Lakes region--Neshnabé homelands--and are part of larger constellations of Indigenous futurities and stories of survivance.
Private rights and the rule of law
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"This collection of papers explores private rights and the rule of law. The contributors present diverse topics on the link between the rule of law and private rights in different subfields of private law. These contributions demonstrate the breadth of private law--and differing conceptions of the concept of the rule of law--by considering distinct private law fields from broad and narrow perspectives.
The Quest for Reparations for Indian Residential School Abuse
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This book explores the complexities and nuances of reparations for victims and survivors of settler colonial violence. It centres its analysis on the Independent Assessment Process (IAP), a financial compensation programme that was designed to address the horrific legacy of Canada's Indian Residential School system, which was established to assimilate Indigenous children into settler Canadian society. The reader of this book will learn about the impact of the IAP as a mechanism of redress for the physical and sexual abuse that Indigenous children experienced while attending Indian Residential Schools. Through the analysis of unique perspectives and first-hand accounts of survivors, lawyers, claims adjudicators, and health support workers who participated in the IAP, the book tells the stories of former Indian Residential School students' struggle for justice. It invites the reader to explore several themes related to the IAP that engage with the idea of financial compensation as redress for acts of institutional child abuse in ongoing settler colonialism. By bringing insights from several theoretical frameworks to bear on empirical data in a complex yet accessible manner, it seeks to address the following questions: How does money compensate survivors of institutional child abuse? How does settler colonialism complicate state-sponsored redress for violence against Indigenous people? And, how might survivors problematize, resist, and contest individual reparations for settler colonial violence? The target audience for this book includes scholars, educators, practitioners, students, and members of the general public whose research interests include settler colonial studies, history, reparations, transitional justice, Indigenous studies, and critical victimology.
The Serviceberry
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An Instant New York Times Bestseller From the #1 New York Times bestselling author of Braiding Sweetgrass, a bold and inspiring vision for how to orient our lives around gratitude, reciprocity, and community, based on the lessons of the natural world. As Indigenous scientist and author of Braiding Sweetgrass Robin Wall Kimmerer harvests serviceberries alongside the birds, she considers the ethic of reciprocity that lies at the heart of the gift economy. How, she asks, can we learn from Indigenous wisdom and the plant world to reimagine what we value most? Our economy is rooted in scarcity, competition, and the hoarding of resources, and we have surrendered our values to a system that actively harms what we love. Meanwhile, the serviceberry's relationship with the natural world is an embodiment of reciprocity, interconnectedness, and gratitude. The tree distributes its wealth--its abundance of sweet, juicy berries--to meet the needs of its natural community. And this distribution ensures its own survival. As Kimmerer explains, "Serviceberries show us another model, one based upon reciprocity, where wealth comes from the quality of your relationships, not from the illusion of self-sufficiency." As Elizabeth Gilbert writes, Robin Wall Kimmerer is "a great teacher, and her words are a hymn of love to the world." The Serviceberry is an antidote to the broken relationships and misguided goals of our times, and a reminder that "hoarding won't save us, all flourishing is mutual." Robin Wall Kimmerer is donating her advance payments from this book as a reciprocal gift, back to the land, for land protection, restoration, and justice.
Trademark
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Protect your business name and logo! Your brands--including your business name, product or service names, logo, and slogan--are key to the success of your business. You can protect these valuable business assets by registering them as trademarks with the U.S. Patent and Trademark Office (USPTO). Trademark: Legal Care for Your Brand contains the most up-to-date information on selecting and protecting a great trademark. Learn how to: choose trademarks that distinguish you from competitors secure and protect a domain name for your business use the USPTO's new Trademark Search system use the new Trademark Center to register your mark protect a trademark even if you haven't registered it enforce your trademark rights against infringers Includes step-by-step instructions on using the USPTO's new tools to search for and register marks in the federal trademark database. The 14th edition also includes updates on the latest trademark laws and court cases.
Legal Research Methods for the English-Speaking Caribbean
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Legal Research Methods for the English-Speaking Caribbean identifies the sources of legal information for the English-speaking Caribbean and provides unique coverage of the independent states and overseas territories in this jurisdiction with a shared history of British colonialism. It is often challenging to know where and how to find the legal information of smaller jurisdictions like the Caribbean nations, especially in instances where this information is still predominantly available only in print. This publication will help researchers overcome this challenge and barrier. It describes and provides the sources for locating legal information, such as case law, statutes, court rules, and secondary sources. Also included are the bibliographic information about the print and electronic resources available for these countries. Legal Research Methods for the English-Speaking Caribbean also provides in-depth coverage of the Caribbean legal landscape, including courts, legal education, local government laws, and the regional and international agreements that these Caribbean states are parties to. The Caribbean region is undergoing rapid social, political, and economic changes, often faster than the required legislative changes.
Wigmore on alcohol : courtroom alcohol toxicology for the medicolegal professional
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After more than a decade, the wait is finally over. The “alcohol Bible,” Wigmore on Alcohol, has been updated by the addition of more than 400 new studies on the medicolegal aspect of alcohol. New sections on alcohol addiction (AUD), withdrawal (AWS), fetal alcohol syndrome (FAS), and health effects have been added, as well as new appendices. Carefully selected historic quotes about alcohol in society--ranging from Abraham Lincoln to Albert Einstein and Homer Simpson--at the beginning of each chapter and section provide a more profound understanding of this drug."
Canadian family law
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Family law is a changing and dynamic field. In the twenty-first century, Canadian families will encounter new challenges. Marriage and the family are no longer synonymous. The traditional nuclear family of the 1950s, with its breadwinning husband, homemaking wife, and their two or more children, is a minority group. Two-income families, with or without children, high divorce and remarriage rates, and the increasing incidence of unmarried cohabitation, whether involving opposite- or same-sex couples, have fostered new family structures and radical legal reforms. At the same time, there has been increased recognition of the inherent limitations of the law in regulating marriage and the family.
The 10th edition of Canadian Family Law is a companion volume to Payne and Payne’s Child Support Guidelines in Canada, 2024. It examines the impact of recent judicial decisions and fundamental changes to the Divorce Act and provides insights into how family law is evolving to address the changing nature of families and relationships and the challenges they face.
International Migration of Children for a Better Life
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In a world where a child's fate is often determined by the arbitrary circumstances of their birth, International Migration of Children for a Better Life challenges the legal status quo. The book advances a dramatically different vision of children's relationship to nations and to the international legal order, one that provides theoretical grounding for a right of children to escape life-threatening circumstances, rather than waiting for change in their home environment. By offering a normative critique of existing international law, the book suggests novel arguments for enabling children to migrate more freely and escape adverse environments. It argues that the conventional policy response to tragic circumstances--war, famine, natural disaster, which prioritizes transformation of local conditions so people can remain in place or quickly return, is less appropriate for children than for adults. Children's needs are more urgent. The book arrives at several recommendations, backed by a theory of children's righ
The Nationality and Statelessness of Nomadic Peoples under International Law
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Despite the universal right to nationality, many nomadic peoples struggle to claim this fundamental status. International law offers solutions to combat statelessness-like birth registration-but do they work for nomadic peoples? The Nationality and Statelessness of Nomadic Peoples Under International Law delves into the nationality challenges faced by four communities: former Bedouin in Kuwait, Tuareg in Mali, Fulani in Côte d'Ivoire, and Sama Dilaut (Bajau Laut) in Malaysia. Drawing on diverse sources from across disciplines, as well as original field research, the book traces the roots of nomadic statelessness from colonization to the present. Through a rigorous legal analysis, the book evaluates how effectively international law addresses these underlying issues and safeguards the right to nationality for those whose lifestyles transcend borders and conventional nation-state structures. Finally, the book proposes reforms to international law to better address the needs of nomadic peoples regarding national
Freedom of conscience and religion
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Introduction -- Government support for religion -- The restriction and accommodation of religious practices -- Conscientious objections -- The autonomy of religious organizations -- Parents, children, and schools -- Freedom of conscience -- Conclusion.
Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment
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Over the past two decades, liberal constitutionalism has been in decline. Yet some courts - including the U.S. Supreme Court, the Supreme Court of India, and the Hong Kong Court of Final Appeal - have continued to progressively realize the rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons. How can the seeming paradox of LGBTQ+ rights advancement amid liberal constitutional regression be understood? And what, in turn, does that tell us about the state of liberal constitutionalism and rights adjudication?Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment addresses these questions by exploring rights adjudication within the broader context of declining liberal constitutionalism within the U.S., India, and Hong Kong. By analysing landmark LGBTQ+ rights judgments and topical case studies in increasingly challenging political and institutional contexts, this book provides detailed, qualitative accounts of constitutionalism in these jurisdictions over the past two decades. Progressiv
Corporate Director and Officer Liability
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For centuries, directors and officers have been identified as fiduciaries, bearing a legal and ethical duty to act in the best interests of those they represent. However, the liability standards that ordinarily exist are too lenient to be characterized as fiduciary. This misrepresentation is detrimental to the rule of law, contravenes reasonable investor expectations, and impairs the integrity of the financial markets.Corporate Director and Officer Liability: "Discretionaries" Not Fiduciaries calls for the removal of fiduciary status for corporate directors and officers in favor of the adoption of a new term that provides an accurate description; corporate directors and officers are, instead, 'discretionaries.' This term accurately portrays the status of corporate directors and officers who are held to varying standards of liability depending on the applicable facts and circumstances. Against this new model, the book addresses a wide range of key issues, including the duty of care, the business judgment rule,
Seizing Citizenship
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In the years leading up to the U.S. Civil War, former slave and abolitionist Frederick Douglass maintained that enslaved Black Americans were already American citizens. Through a systematic analysis of his political writings from the 1840s through the 1890s, Philip Yaure shows that Douglass' declaration of Black Americans' citizenship is the locus of a profound innovation in republican political philosophy. Seizing Citizenship argues that Frederick Douglass reimagined the republican concept of citizenship, on which persons are citizens because they contribute to the polity, to cast the everyday resistance of Black Americans against slavery and white supremacy as activity that constitutes them as American citizens. The resistance of Black Americans forged them into a people with the collective power to remake America's civic ethos in a racially just and inclusive fashion. Douglass advanced an abolitionist republicanism, on which persons seize standing as free citizens of a free polity through the struggle to dismantle the oppressive institutions that dominate and exploit them. Douglass's republican politics strives not to overcome our vulnerability to one another, but instead to deepen such vulnerability on terms conducive to our shared emancipation and collective flourishing.
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.
International Legal Theory and the Cognitive Turn
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Cognitive and behavioural studies are making inroads into international law, international policy, and literature. Firstly, international practice is drawing increasingly on behavioural studies. The United Nations (UN) and its agencies have turned to behavioural science to confront new challenges faced by the international community, including the Sustainable Development Goals, climate change, and gender equality. Similarly, the World Bank and World Health Organization have created teams of experts to advise on the incorporation of behavioural insights to support their operations. Other international organizations are likewise following suit. Secondly, the cognitive-behavioural turn is generating innovative research work in disciplines neighbouring international law and is gaining similar traction in international legal scholarship.Yet, despite this, the implications of cognitive-behavioural studies for international legal theory remain under-explored. With few exceptions, international legal theories have long failed to explicitly address the cognitive-behavioural assumptions of their respective theoretical approaches. To fill this gap, this book systematically examines the impact of the cognitive-behavioural turn on the main theoretical schools within international legal scholarship. Across thirteen chapters, the contributors uncover the cognitive bases of their respective theories, exploring both the cognitive similarities underlying the assumptions of different theories of international law, as well as the limitations of the use of behavioural science in international law theories. International Legal Theory and the Cognitive Turn makes explicit the relationship between cognitive-behavioral methodologies and other ways of thinking about international law, including TWAIL, feminist, and legal realist approaches, and more.This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
Research Handbook on Jurisdiction and Immunities in International Law
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This updated Research Handbook presents a comprehensive analysis of the international law of jurisdiction and immunities, examining the mutual interdependence between the two as well as shedding light on the implications. Featuring diverse contributions from leading experts, emerging scholars, and practitioners, it provides an impartial perspective on the applicable international law. Incorporating novel insights and recent developments, the Research Handbook covers key topics including the concept of universal jurisdiction, the differentiation of immunities from jurisdiction, and immunity claims in various types of judicial proceedings. It discusses the complex legal questions that arise when a state asserts its jurisdiction over persons that are based abroad or are not citizens of that state, and analyzes the immunity of foreign states and international organizations. Considering the impact of recent legislation, court cases and events, this revised second edition highlights ongoing trends and controversies surrounding jurisdiction and immunities in the context of international law. This second edition of the Research Handbook on Jurisdiction and Immunities in International Lawwill benefit students, researchers, and educators in international public law. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.
The Law of State Succession
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Arman Sarvarian's The Law of State Succession:Principles and Practice provides a comprehensive, practical, and empirical overview of the topic, establishing State succession as a distinct field with a cohesive set of rules. From the secession of the United States of America in 1784 to that of South Sudan in 2011, the book digests and analyses State practice spanning more than two centuries. It is based on research into a wide and diverse range of case studies, including archival and previously unpublished data. Reconstructing the intellectual foundation of the field, the book offers a vision for its progressive development - one that is rooted in an interpretation of State practice that transcends the politics of the codification projects in the decolonization and desovietization eras. The book examines international law on State succession with respect to territorial rights and obligations, State property (including archives) and debt, treaties, international claims and responsibility, as well as nationality
Global Standards and EU Law
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This book examines the interplay between global standards and the EU legal system, examining how the process of incorporating technical standards set at international level poses challenges for principles of good governance, such as accountability, participatory openness and transparency. It contributes to the ongoing debate concerning the democratic credentials of decision-making in Europe by focusing on the specific juncture where globally produced standards are used by the EU institutions for EU regulatory purposes. Renowned experts delve into the process of incorporation of global standards into salient EU policy areas including agriculture, environment, finance, telecommunications and transport. They shed light on relevant case law and EU legislation, providing unique reflections on the interactions between global and EU governance. Chapters explore the membership and procedural rules of global standard-setting bodies and discuss the patterns of incorporation of standards produced by diverse global regulators. They also present critical insights into horizontal issues, focussing on the role of agencies as in-betweeners, the role of the Court of Justice of the EU, and the bottom-up approach to standardisation via EU member states. Global Standards and EU Lawis designed for students and academics in European law and governance. The focus on global standards makes this an essential read for policymakers and practitioners in EU and US administrative law.
A Commentary on EMIR and Refit
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This Commentary presents a critical examination of the 2012 European Market Infrastructure Regulation (EMIR) and its 2019 Refit. Mark Hsiao evaluates the effectiveness of this EU framework in regulating over-the-counter (OTC) derivatives, exploring how the legislation fits into a broader global context while underscoring its pluralist elements. Key Features: Adopts a unique pluralist approach to financial regulation Provides a detailed and systematic analysis of each article in the EMIR and Refit Explains key regulatory theories and techniques in the context of the EMIR articles Draws on reflexive and narrative theories to discuss the need for a post-contractual novation Practitioners in commercial law, European law, and finance and banking law will greatly benefit from this insightful Commentary on the interpretation and application of EMIR and Refit. It is also an essential resource for students and scholars seeking a deeper understanding of the OTC regulatory framework.
Administrative Rulemaking and Planning in European Laws
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Administrative rulemaking and planning is an under-studied and under-theorized area of public law. To better understand how administrative functions and powers are discharged by public authorities and private bodies, this seventh volume in the Common Core of European Administrative Law series argues that we must consider all forms of administrative action, not just formal procedures and judicial review. As such, greater attention needs to be paid to administrative rulemaking and planning, which have a significant impact on economics and society.Through extensive comparative research, this book examines this increasingly important field of administrative law. It focuses mainly on Europe, analysing ten national systems including eight European Union member states, Norway, and the UK, but it also explores the legal systems of the United States and China, as well as that of a non-state entity - the European Union itself.The questions investigated across these systems include whether administrative agencies may fetter their discretion through policy and rules, whether their rules must be published, and what remedies are available when plans adversely impact individual rights. These questions are examined through a factual analysis based on a set of ten hypothetical cases, which are discussed by national experts.This comparative approach identifies commonalities and differences between legal systems, such as in consultation and transparency, in the rights of public service users, and in legal remedies to address rules and plans. As in other volumes in the series, both similarity and difference are essential to understanding how a 'common core' is shaped and evolves.
Civilian Protection in Armed Conflict
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Protecting civilians who have fallen into enemy hands or are just about to come under the adversary's control is a constant challenge in the application of international humanitarian law (IHL) and the law of armed conflict (LOAC). Despite many decades of scholarship, military operational practice, and advocacy, certain legal questions remain unresolved, while others have been insufficiently examined or are newly emerging due to technological, societal, and cultural developments. Civilian Protection in Armed Conflict explores a range of longstanding, current, and new legal and practical issues in the interpretation and application of IHL/LOAC related to civilian protection. The subjects selected are based on the experiences or observations of repeated dilemmas about the extent of legal protections owed and actually extended to civilians in military operations. These include the protection of unprivileged belligerents and civilians in the invasion phase of international armed conflict, the law underlying civili
Conflict of laws
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Globalization and the accelerating pace of technological change is eroding borders in commercial transactions and family relationships, yet much law remains highly territorial. In this new paradigm, conflict of laws, or private international law, becomes more important with each passing year. This is the third edition of a text originally published in 2010 that presents a thoughtful explanation and analysis of the rules of the conflict of laws in force in common law Canada in a clear and concise manner. Understanding the conflict of laws allows lawyers, judges, scholars, and students to better address any legal situation that crosses borders, whether international or interprovincial. For the third edition, the chapters dealing with taking and exercising jurisdiction have been rewritten to reflect the recent Supreme Court of Canada decisions in Lapointe Rosenstein Marchand Melançon LLP v Cassels Brock & Blackwell LLP, Douez v Facebook, Inc, and Haaretz.com v Goldhar. All chapters have been updated to reflect new decisions, legislative changes, and recent scholarship, and a new chapter on matrimonial property division has been added."
Responsibility for negligence in ethics and law : aspiration, perspective, and civic maturity
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Combining tort law theory, Aristotelian conceptions of deliberation, and theories of practical rationality, responsibility, and action, this book invites us to consider the responsibility for negligent or inadvertent action.
The Comparative Constitutional Foundations of Private-Public Arbitration
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This book engages with the concerns the rising phenomenon of arbitrations between private and public actors raises for principles of constitutional law - including democracy, the rule of law, and the protection of fundamental rights. It analyses how party-appointed, one-off arbitral tribunals determine the delineation of private rights and public interests within a transnational legal environment and provides a framework that aligns this activity with constitutional values.Featuring 20 chapters dealing with almost 40 jurisdictions from different corners of the world, the book examines how domestic legal systems and legal practice approach the involvement of public entities as parties to arbitration agreements and arbitration proceedings, to what extent the constitutional legal frameworks involved problematize private-public arbitration as a constitutional concern, and how different domestic legal systems ensure that private-public arbitration conforms to, and avoids undermining, the public interest. The chapt
Animals and the Constitution
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Constitutionalism, the idea that constitutions should limit and direct government power, has emerged as the global standard for the exercise of public authority. Its appeal lies in the simple idea that constitutions should secure governance in the interests of the governed. Yet, its popularity has obscured a significant problem: constitutions are centred on the interests of rational human beings, neglecting those who lack such capacities, most notably, non-human animals. Animals and the Constitution breaks new ground by challenging the human-centredness of current constitutional theory and practices. It pioneers a more capacious account of constitutionalism, sentience-based constitutionalism, which is grounded in respect for the interests of all governed sentient beings. The book demonstrates how this account can be implemented in modern constitutions by rethinking four key principles of constitutionalism: fundamental rights, proportionality, rule of law, and democracy. To illustrate how these principles can
Discharge of Contractual Obligations
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Challenging orthodox understandings within modern contract law, Discharge of Contractual Obligations provides an innovative doctrinal, historical, and theoretical account of the discharge of contractual obligations. This book delves into a fundamental question: under what circumstances are parties released from their contractual duties for reasons other than performance of those duties? By re-examining cases of breach, frustration, and common mistake, three key doctrines in modern English contract law, this monograph demonstrates how these disparate areas of contract law are in fact instances of the discharge of contractual obligations due to a failure of condition. Championing the once-dominant 'failure of condition' model in English law, a straightforward yet groundbreaking explanation for discharge is proposed: ordinarily, parties do not promise to perform 'no matter what,' but instead make promises that depend on various explicit and implicit conditions.Across ten comprehensive chapters, English explores
Legal Mobilization for Migrant Rights
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The European Court of Justice plays a key role in the interpretation and enforcement of EU law. Yet, we still know little about the conditions under which cases arrive at the Court via preliminary reference and why they are so unevenly distributed across the EU Member States. Previous studies have shown how the legal elites played a central role in feeding the Court with cases to increase their power and influence. Legal Mobilization for Migrant Rights tells a different story. Focusing on the migration domain, this book shows that EU litigation can also be used to defend powerless groups. To explore the conditions under which EU legal mobilization for migrants emerges, the author compares three countries where EU migration law was mobilized before the European Court of Justice (Italy, the UK, and the Netherlands) and one where it was not (Greece). Combining empirical and doctrinal methods, this volume draws on interviews with key stakeholders and an original database of 505 migration preliminary references. Rather than focusing only on courts, Legal Mobilization for Migrant Rights sheds light on the role of lawyers, academics, and civil society in activating EU justice to oppose restrictive national migration policies. Crucially, the book ultimately reveals that EU legal mobilization struggles to emerge in some contexts due to a lack of resources and limited awareness of EU legal opportunities, which stand as significant obstacles to justice and migrant rights enforcement.
The Law of Parenthood
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Adopting a comparative approach, this incisive book brings together leading experts to analyse the regulation of parenthood across the globe. It explores the ongoing re-examination of the law of parenthood in light of societal and medical advances, providing a detailed guide on how the law is responding to new and emerging challenges and how it has developed to adapt to modern family forms. Key Features: In-depth discussion of case law and legislation across jurisdictions Rigorous coverage of the impact of changing family norms on legal systems Comparative analysis of 21 jurisdictions across Africa, Asia, Europe, the Americas, the Middle East and Oceania Consideration of medical advances such as artificial reproductive technologies and their impact on traditional concepts of the family and related legal principles The Law of Parenthoodis an important tool for legal professionals in the field of international family law in need of a comprehensive and accessible guide to the laws of parenthood across jurisd
Agents of Justice
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In the last half century since the height of the rights revolution - a period marked by significant rights expansions but limited government capacity to enforce them - efforts to defend individuals' and communities' rights have hinged on the effectiveness of the "litigation state:" a fragile but sometimes powerful mode of governance that relies on private litigants and their attorneys, rather than agencies, to enforce the laws of the land. In Agents of Justice, Quinn Mulroy argues that this system of governance was built and shaped by the concerted, mission-driven efforts of the agency officials who have largely been written out of the story of the litigation state. She traces how constrained civil rights and environmental agencies established during the rights revolution developed creative strategies for mobilizing mass private legal activity on the statutes they enforce, generating significant, societal-level regulatory effects. In doing so, they acted as agents of justice. Mulroy builds a new theory of
Constitutional Change and Constitutionalism in Africa
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The new generation of African constitutions crafted in the 1990s marked the beginning of a trend that promised a radical transformation of the continent's governance landscape. This movement aimed to eliminate the risks of coups and political instability that had plagued Africa since the 1960s by embedding democracy and constitutionalism. However, the wave of constitutional reforms post-1990s seems to have sparked a contagious fever of making, unmaking, and remaking constitutions. The nature and frequency of these changes threaten to undermine the progress made in entrenching a culture of constitutionalism, good governance, and respect for the rule of law. It is, therefore, no surprise that there is almost universal agreement that Africa is now facing a profound crisis of democracy and constitutionalism.Constitutional Change and Constitutionalism in Africa examines the nature and extent of these changes, which have been occurring more frequently and sometimes more arbitrarily than anticipated. Among the main
Internationalisierung und Digitalisierung der Buchführung Im Deutschen Steuerrecht : Eine Untersuchung Im Fokus des [section] 146 Abs. 2, Abs. 2a, Abs. 2b AO Unter Berücksichtigung Von Entwicklungen Wie Cloud-Computing, Künstlicher Intelligenz und Comp
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International Organization Initiatives
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How do changes in international organizations (IOs) come about? How do IOs adapt to respond to crises and unforeseen needs of their members, and what roles do the secretariats, and their heads play in this process? International Organization Initiatives deals with these questions and shows how IOs, their secretariats and executive heads launch and implement innovative activities. It sheds light on both proactive and reactive approaches to institutional evolution. Bringing together distinguished scholars of international organizations and experienced practitioners, this volume showcases and investigates IOs' adaptive capacity, their achievements, and limitations. "Through case studies and conceptual frameworks, the book explores a largely uncharted world of IO evolution to which international secretariats contribute significantly. The collection of chapters brings to light the mechanisms used in the past by IOs to adapt to what were, on each occasion, new challenges to their efforts to assist and respond to unprecedented needs of their members faced with new realities. International Organization Initiatives is a valuable resource for both scholars and practitioners interested in IOs and their capacity for change in response to global crises, members' demands, internal impulses or interactions with the outside world. Providing an in-depth look at governance model transformations and institutional innovations, it offers a collective wealth of knowledge and insights, along with lessons for future global governance.
Sex and Self-Ownership
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Since the criminal law acquits a person who mistakenly believed that another person consented to the sex that they forced upon them: 'rape is not prohibited; it is regulated' (to borrow Mackinnon's phrase). This book is concerned with the legal category of 'the exculpatory mistaken belief in consent', why this category ought to be narrowed, and how it can be narrowed without departing from criminal law's retributive morality and principles of criminalisation. The book calls for three reforms of the criminal law. First, sex itself should be a pro tanto wrong, where consent can justify the wrong or a mistaken belief in consent can excuse the wrong. Second, consent ought to be defined in terms of the objective words and overt actions that express a subjective attitude. Third, whether the defendant had an exculpatory mistaken belief ought to be determined solely by having regard to the steps the defendant had taken to ascertain whether the complainant consented. These calls are predicated on a range of philosophical inquiries, including explanations of: how all sex instrumentalizes and objectifies another person; how consent performs of trilogy of functions by representing a choice, expressing a person's interests, and by empowering a person to change their normative relationship with another person; how a person can be blameworthy for acting against moral reasons even when they were unaware those reasons applied to their moral situation; and how we can have a justified belief in the mental state of another person.
Equality's Guardians
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Equality's Guardians offers an unparalleled comparative analysis of constitutional equality case law from apex courts across 18 jurisdictions worldwide, including key international human rights treaties. This groundbreaking book aims to map various courts' diverse equality case law, revealing a richer comparative picture than the commonly discussed non-discrimination model prevalent in common law jurisdictions. By identifying four distinct models of equality, the book classifies each jurisdiction based on the level of deference courts grant to the legislature.The second aim of Equality's Guardians is to delve into the reasons behind courts' choices of specific equality models. Rather than providing a uniform answer, the analysis uncovers a range of cultural and institutional factors influencing these decisions. This nuanced approach highlights that the models of equality must be understood within the unique institutional and cultural contexts of each jurisdiction.Ultimately, Equality's Guardians: How Courts C
Copyright As Personal Property
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Copyright statutes in many jurisdictions clearly state that copyright is a property right. However, it's not always clear exactly how. Some see it as no more than a statutory right, while others think of it as a chose in action, like debts or shares. Copyright as Personal Property demonstrates why it is incorrect to conceptualize copyright as a chose in action and argues that, despite being an intangible asset, copyright is more analogous to land and chattels.This book aims to achieve two main objectives. The first is to demonstrate much against popular belief that the analogies with land and chattels help contain the scope of copyright within normatively justifiable limits. Starting with the "thing-relatedness" of copyright, the monograph draws parallels with the acquisition of copyright, the nature of exclusionary rights, exclusive powers and privileges, their enforcement, and derivative interests. It employs concepts of property theory, such as numerus clausus, to provide the necessary benchmark to guide the boundaries of copyright. The second objective is to challenge the rigid and binary classification of property rights into choses in possession and choses in action. By addressing an important evolutionary gap in the conceptualization of property rights, this work lays the groundwork for a more sophisticated taxonomy, viewing property rights as existing on a spectrum. It goes on to provide the metrics to calibrate this spectrum, ensuring the incremental and orderly development of property rights.Original and thought-provoking, the analogy this book develops with land and chattels shows how the unjustifiable expansion of copyright can be curbed and offers a more sophisticated classification of property rights than that based simply on tangibility.
Advanced Introduction to International Patent 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 and policy issues associated with discrete subject areas. Concise yet comprehensive, this book provides an eloquent overview of the international patent system, outlining the agreements states have entered to protect inventions and enforce patent rights. It explores the mechanisms that ensure compliance in relation to these obligations and how they have been interpreted by international bodies. Margo A. Bagley and Rochelle C. Dreyfuss assess different systems for protecting technological innovations, such as trade secrets, design protection, genetic resources, traditional knowledge, digital sequence information and AI. They examine the procedural agreements facilitating patent applications in multiple countries, including the Patent Cooperation Agreement, the Strasbourg Agreement and the Budapest Treaty. The book concludes with the authors' call for greater attention to be paid to building an equitable system that recognizes all forms of knowledge creation, protects public health and advances the goals of sustainable development. Key Features: Analyzes emerging trends on regional protection, converging standards and global enforcement Uses examples from the COVID pandemic to illustrate the patent system's impact on countries of differing income levels Details the substantive obligations of the Paris Convention, TRIPS Agreement and preferential trade agreements regarding the protection of technological innovations, including patent, trade secret and design protection Students and scholars of patent law and international intellectual property law more generally will greatly benefit from this unique introduction. It is also a hugely beneficial resource for any stakeholders working with and within the patent system or with technological innovation more broadly.
EU Values in Investment Law and Policy
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Is it possible that the EU premises of democracy and rule of law transform the global landscape of international investments? For realists, this is a calculated political move- an opportunity for the EU to shape the world according to the rules established in Brussels. To the most skeptical, the ambition to export these values might seem too grandiose, if not far-fetched, especially considering that the system somewhat displays these features already. Yet the more idealistic, like the author of this book, would find it fascinating, especially given the undeniable visionary component that has permeated the EU story since its beginning. EU Values in Investment Law And Policy intends to carry this fire and continues to tell precisely that story of vision, ambition, and influence. Inspired by premises that have aspired to become promises of democracy and rule of law, the book critically examines how- and how far- these EU values extended their reach into international investment law and policy. While the book is
Privileged Access Management
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Zero trust is a strategy that identifies critical, high-risk resources and greatly reduces the risk of a breach. Zero trust accomplishes this by leveraging key tools, technologies, and governance around Privileged Access Management (PAM). These identities and accounts that have elevated access are the key targets of the bad actors and nearly every event, breach, or incident that occurs is the result of a privileged account being broken into. Many organizations struggle to control these elevated accounts, what tools to pick, how to implement them correctly, and implement proper governance to ensure success in their zero trust strategy. This book defines a strategy for zero trust success that includes a privileged access strategy with key tactical decisions and actions to guarantee victory in the never-ending war against the bad actors. What You Will Learn: The foundations of Zero Trust security and Privileged Access Management. Tie-ins to the ZT strategy and discussions about successful implem
Presidential Visions of Transitional Justice
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Throughout its history, the growing influence and significance of the United States on the world stage coincided with its the legacy of human rights violations. However, with each momentous societal shift America encountered- its independence from Great Britain, the Civil War, two World Wars, and the fall of the Soviet communist bloc- Presidents have taken the opportunity to address the atrocities of America's past. Presidential Visions of Transitional Justice: An American Legacy of Responsibility and Reconciliation provides a wide-ranging look at how American Presidents not only influence foreign policy but leverage their power and influence to rto address the challenges of political violence and transition globally. Professor Ruti G. Teitel uses examples throughout American history to demonstrate how executives have acted as visionaries in their approach to transitional justice from George Washington to Barack Obama. In exploring how Presidents advanced peace-making efforts in the past, this book shows how executives of the future might do the same. Professor Teitel is a leading authority on transitional justice, establishing it as a scholarly field of inquiry. At a time when America's global leadership is subject to significant critical challenge, this latest volume illuminates the importance of transitional justice in foreign policy.
Innovation Alchemy
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An incisive and comprehensive new playbook for symbiotic partnerships In Innovation Alchemy: Building Strong Industry Engagement Partnerships for Impact and Economic Growth, leader of Global Partnerships and Alliances at MIT's Computer Science and Artificial Intelligence Lab, Lori Glover, delivers a compelling exploration of how to create mutually beneficial partnerships and collaborations in and between industry, academia, and beyond. You'll learn how to navigate, structure, and deliver win-win programs and take full advantage of research, faculty connections, new tech, student connections, professional development, capstones, course connections, technology transfer, and start-ups. Avoiding a "one-size-fits-all" approach, this book clarifies the foundations of solid partnerships and collaborations. It explains the author's 10 Steps to successful partnerships, including: How to understand the fundamentals and define your strategy Knowing your stakeholders and mapping their connection points Understanding possible paths of engagement, plan creation, and team building Innovation Alchemy offers checklists and tools to help you construct your own partnership plan and a complete roadmap for putting one into practice. It's an essential read for academic and industry leaders interested in unlocking the many benefits that flow from collaborations packed with case studies, leader interviews, toolkits, and additional resources.
