New Books in the TRU Law Library

I Swear: The Meaning of an Oath looks at how taking an oath may impact the obligations of the oath taker, and the perceptions and expectations of those around him. The book begins with Aeschylus - "It is not the oath that makes us believe the man, but the man the oath." The author explores whether Aeschylus was correct through stories of diverse and varied individuals who took an oath - doctor, lawyer, priest, journalist, CIA director, "made man," and president, to name a few. Most of the time, people are able to keep their oath. But what happens when the decision to keep an oath may result in an injustice, or a situation where others are hurt? What do your oaths mean to you, and what do they mean to those around you?

Shareholder inspection rights form an important tool for shareholder protection. They offer shareholders seeking information private access to specific books and records of the company that are otherwise not publicly available. While there has been a discourse on the topic in some jurisdictions such as Delaware (USA), it has not received scholarly treatment at an international level. This Research Handbook seeks to alter that, and signifies the first endeavor to engage in a comprehensive and comparative analysis of shareholder inspection rights across 19 different jurisdictions representing five continents.

Does the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism?namely the rights of all individuals and constraints on state power?still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump?s administration, Viktor Orban?s Hungary, Recep Erdogan?s Turkey, and Jair Bolsanoro?s Brazil.

This forward-thinking book illustrates the complexities of the morality of human rights. Emphasising the role of human rights as the only true global political morality to arise since the Second World War, chapters explore its role as applied to often controversial issues, such as capital punishment, the exclusion of same-sex couples from civil marriage and criminal abortion bans. Clarifying and cross-examining the morality of human rights, Michael J. Perry discusses their connection to moral equality and moral freedom, as well as exploring the significance of anti-poverty human rights. This illuminating book concludes with an explanation as to why the morality of human rights is acutely relevant to challenges faced by humanity in the modern era.

Conceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitaro, this topical book formulates ways to operationalize alternative visions of human rights practice. Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and epistemological perspective, this book explores the alternative views of reality and logic, developed by Kitaro, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy.

From the pen of highly esteemed trade scholar Alan Sykes, this book presents a rigorous introduction to the law and economics of modern international trade agreements. With a bottom-up approach that requires neither a background in international trade law nor significant economics training, Sykes sets out to map and explain the complex dynamics of international trade agreements and institutions, synthesising legal analysis and cutting-edge economic research in order to present the reader with a sophisticated, holistic view of the field. Against the backdrop of the current impasse in both negotiation and dispute settlement at the World Trade Organisation, the book charts a clear path from the historical origins of trade law and the international system, to the current state of play, including unpacking the major areas of controversy.

Bringing together current research from a diverse range of jurisdictions on family law, the Research Handbook on Family Justice Systemsaddresses the aims and boundaries of family justice systems. Delineating the common purpose of family law to achieve fairness for groups of people who live or have lived together, this Handbook is concerned with the rules referred to as 'family law', but also with the institutions comprising the operating system. This Handbook presents the view that a Family Justice System (FJS) is a living entity, working with and for a wide range of beliefs and practices, comprising far more than a set of rules and regulations, which can respond to a changing society, while also contributing to that change.

This unique book presents an in-depth analysis of the provision of legal advice at international organizations. It elucidates the dual role of legal advisers as representatives of their organization and as international civil servants acting as protectors and promoters of international law. Analysing the effects of internal and external factors on the work of advisers, including organizational specificity, political influences, and institutional position, this book identifies and examines common legal practices across organizations. Chapters discuss case studies of legal advisers working at various global organizations, including the United Nations, the European Union, UNESCO, the World Health Organization and the World Bank Group, as well as regional and cross-regional organizations such as NATO and the European Space Agency.

In Corporate Governance and the New Technology, Alberto Salazar explores a new and evolving area of law which is quickly becoming a key element in the effective governance of corporations. The impact of artificial intelligence, blockchain technology, algorithms, and smart contracts on corporate governance is transforming corporate law and there is a high demand for understanding and regulating the transformations these impacts are likely to bring. Written in a simple and straight-forward tone, Corporate Governance and the New Technology focuses on the duties of directors and officers associated with the use of the new technology.

Over the past 30 years, merger control has become well-established around the world with broad consensus around its ambit and objectives. That consensus has fractured in recent years. Enforcement today is at a critical juncture, facing an array of challenges and calls for reform unprecedented in their scope and intensity. Authored by leading legal practitioners, economists, enforcers and jurists, this timely Research Handbook on Global Merger Control discusses various critiques that have been made and considers an array of jurisdictional, procedural, substantive and other issues that are generating intense debate across the antitrust community.

This insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism, placing the discussion within contemporary theoretical frameworks.

The rule of law, once widely embraced and emulated, now faces serious threats to its viability. To get our bearings we must return to first principles. This book articulates and defends a comprehensive, coherent, and compelling conception of the rule of law and defends it against seriouschallenges to its intelligibility, relevance, and normative force. The rule of law's ambition, it argues, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bondconstituting and holding together the polity and giving public expression to an ideal mode of association.

Presenting a thorough examination of intelligence activities in international law, Sophie Duroy provides theoretical and empirical justifications to support the cutting-edge claim that states' compliance with international law in intelligence matters serves their national security interests. This book theorises the regulation of intelligence activities under international law, identifying three layers of regulation: a clear legal framework governing intelligence activities (legality); a capacity to enforce state responsibility (accountability); and the integration of legality and accountability into responsive regulation by the international legal order (compliance).

"This book analyzes the modern principle of statutory interpretation as described by Canadian courts. An invaluable resource, the book includes the topic from an administrative law perspective, as well as constitutional interpretation."-- Provided by publisher.

As societal notions of what constitutes a “family” evolve, so does the law that aims to govern the creation and dissolution of familial relationships. This volume aims to address that evolution, and the family law issues that arise as a result, in an accessible, easy-to-understand format. Written by two family law experts with many decades of combined experience – Madam Justice Melanie Kraft of the Ontario Superior Court of Justice and Adam Prewer, partner at family law firm Epstein Cole LLP – Unpacking Family Law for Practitioners provides valuable insight into the theory and practice of family law today. Chock-full of information and practical direction, Unpacking Family Law for Practitioners is a must-have book for anyone seeking to gain a better understanding of family law in Ontario.

Written in plain English and updated to reflect the current state of the law, Introduction to Contracts, 5th Edition demystifies contract law without resorting to legalese, extensive and often confusing case analysis, and lengthy case citations. Ideal for law students as well as non-commercial lawyers, this book offers a big-picture overview of how contract law functions in Canada’s common law jurisdictions and how it relates to other areas of law, such as torts and restitution.

Summary: "This book is a practical guide on Power of Attorney Litigation as it includes helpful checklists and precedents. It addresses the need for the court and society to directly address the needs of persons with mental infirmity. When dealing with the issue of mental capacity, there is a strong need to consider both ethical and legal principles. This book considers the statutory framework and reviews the issue of capacity assessments and the expectations of the capacity assessor. It also address the practical and procedural considerations with respect to capacity litigation and discusses specific issues such as preparing for trial, the production of medical records, and the remedies and forms of relief against an attorney.

The Road Map for Sale and Purchase of a Business – NOW in its 14th Edition
Advising clients on the purchase or sale of a business requires you to stay abreast of all applicable legislation and procedures. Now in its 14th Edition and updated by one of Canada's leading commercial law practitioners, this fully revised and updated edition provides comprehensive, step-by-step guidance that takes you through the sale of a business from beginning to end. (The publisher website)

ncludes the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act, and the Farm Debt Review Act.
"Including general rules under the Act, orderly payment of debts regulations, tariffs, forms, Companies Creditors Arrangement Act, policy statements."
Intended to be used in conjunction with the main looseleaf work, entitled: Bankruptcy and insolvency law of Canada (3rd ed., revised)--Cf. Pref.
Latest issue consulted: 2022.

Summary: "This book is an administrative law text with a regulatory focus. It is a multi-disciplinary of the law of regulatory investigations in Canada. There is a complex web of regulatory oversight systems in Canada. Regulatory oversight regimes have an enforcement system which will include an investigative process. Examples include: professional regulation, police discipline and oversight, environmental regulation, occupational health and safety, labour standards, financial regulation, securities, human rights, and privacy. This multidisciplinary approach is used in Jim Casey's Carswell book, "The Regulation of Professions in Canada".

Abstract: "Indigenous communities in Canada are actively involved in economic development opportunities based upon their unique circumstances, however they face a number of obstacles in realizing economic development, including a lack of sufficient control over land and resources; legislative and policy impediments; lack of access to financial capital; and lack of implementation of self-government. Through the implementation of UNDRIP and accommodation of aboriginal and Treaty rights, Indigenous communities have been able to leverage impact and benefit negotiations to further their economic development, often through unique corporate structures.

Summary: "It's been 30 years since the first Canadian common law class action legislation was enacted, and in that time, thousands of class action judgments have been rendered on a broad range of issues. As a result, there is now also a contained set of legal propositions developed through the courts, progressive interpretations of the class proceedings statutes that are regularly applied across a variety of substantive areas of litigation. In this new text, expert class action litigator, Michael Eizenga, pulls together the main propositions into a handy, practical resource that will prove invaluable to litigators in common law jurisdictions"--From publisher's website.

The Canadian experience -- Project management and e-discovery -- Proportionality -- Best practices for e-discovery collaboration between counsel -- The preservation of digital evidence -- Identifying, collecting & processing ESI -- Analyzing ESI : TAR, CAL, AI and beyond -- Managed review : best practices -- Privilege and e-discovery -- The costs of e-discovery -- Organizational data privacy in Canada -- Information governance : the risks and rewards.

Summary: "This is Canada's first book exclusively on affidavits, which documents have become the most prevalent and important form of evidence, either in Chambers or on Summary Trials. The focus of the text is on case law, legislation, and rules in British Columbia, but insights are applicable to practitioners across the country. The author has reviewed over a century of jurisprudence and an estimated 5,000 cases to produce the manuscript. Affidavits are the most common form of evidence in Canadian courts, but the applicable law is often not understood or ignored. There are countless cases in which Judges or Masters decry poorly drafted or incomplete affidavits.

When it comes to resolving construction claims and disputes, alternative dispute resolution (ADR) is not only the future, it is also the evolving present. That’s why it is so important for lawyers and those in the construction industry to learn how to navigate the often unfamiliar and sometimes difficult path to achieving success in securing the best possible result by selecting the most appropriate type of ADR proceeding and pursuing it to a resolution. This new volume, Alternative Dispute Resolution in the Construction Industry in Canada, provides invaluable insight into that all-important process.

The economic right of a copyright holder to communicate to the public has become an increasingly important and complex issue in recent years, this is partially due to changes in the way that content is accessed and consumed online. This innovative book analyses the right of communication to the public, taking account of what legal standing an autonomous legal concept can hold, and how this is impacted by wider harmonisation efforts at an EU level. The book explores the scope of the right of communication to the public in a twofold manner. Marusic builds on both strands of analysis to propose an operational model of communication for future use, that can aid in identifying and remedying infringements.

This text challenges students to understand the concepts of international law in order to apply these concepts to specific cases for the purpose of taking a position on existing political and legal debates within the fields of international law and international studies.

Cyberhate: The Far-Right in the Digital Age explores the online world of right-wing political extremism through the propaganda, funding mechanisms, online subcultures, violent movements, and the ideologies that drive it.

This timely book builds bridges between the notions of art and aesthetics, human rights, universality, and dignity. It explores a world in which art and justice enter a discussion to answer questions such as: can art translate the human experience? How does humanity link individuality and community building? How do human beings define and look for their identity? The fields of human rights and art are brought together in order to open the discussion and contribute to the promotion and protection of human rights. The book offers vignettes of current debates in art and human rights, tackling issues at the confluence of these fields by providing a general framework upon which the conversation can be built, and by bringing to the discussion a diverse range of contemporary themes and concrete case analyses.

This incisive book examines the interaction between international climate law and international trade law for the promotion of renewable energy. Alessandro Monti utilizes the emerging principle of mutual supportiveness to inform and guide his analysis of the specific interactions between climate and trade law in the renewable energy sector. The book makes a meaningful contribution to the literature within public international law, engaging with scholarly discourse on the fragmentation of international law and providing an in-depth analysis of the theoretical context against which the principle of mutual supportiveness is emerging.