Edmund Burke (c.1729-1797), orator, philosophical and political writer, British statesman, and opponent of the revolution in France, is among the most famous of eighteenth century Irishmen. Two centuries after his death, however, his legacy is still contested, both in Ireland and abroad. This is the first collection of essays to focus exclusively on Burke's complex relationship to his native Ireland. The book brings together thirteen authors, both established experts and young scholars, from a wide variety of viewpoints and disciplines.
Call Number: E 92 .W467 2017 E-book, LAW, House of Learning Library, Williams Lake Library https://fpse.ca/sites/default/files/news_files/Decolonization%20Handbook.pdf
Whose Land Is It Anyway? A Manual for Decolonization; inspired by a 2016 speaking tour by Arthur Manuel, less than a year before his untimely passing in January 2017. The book contains two essays from Manuel, described as the Nelson Mandela of Canada, and essays from renowned Indigenous writers Taiaiake Alfred, Glen Coulthard, Russell Diabo, Beverly Jacobs, Melina Laboucan-Massimo, Kanahus Manuel, Jeffrey McNeil-Seymour, Pamela Palmater, Shiri Pasternak, Nicole Schabus, Senator Murray Sinclair, and Sharon Venne.
The Olympic Games is unquestionably the largest and most important sporting event in the world. Yet who exactly is accountable for its successes and failures? This book examines the legitimacy and accountability of the International Olympic Committee (IOC). This non-governmental organisation wields extraordinary power, but there is no democratic basis for its authority. This study questions the supremacy of the IOC, arguing that there is a significant accountability deficit. Investigating the conduct of the IOC from an international legal perspective, the book moves beyond a critique of the IOC to explore potential avenues for reform, means of improving democratic procedures and increasing accountability.
The glittering lives of billionaires may seem like a harmless source of entertainment. But such concentrated economic power reverberates throughout society, threatening the quality of life and the very functioning of democracy. Our society tends to regard large fortunes as evidence of great talent or accomplishment. Yet the vast new wealth isn't due to an increase in talent or effort at the top, but rather to changing social attitudes legitimizing greed and government policy changes that favour the new elite. Authoritative and eye-opening, The Trouble with Billionaires will spark debate about the kind of society we want.
Chapter 9 by Katie Sykes. Since the 2008 economic meltdown, market-driven globalization has posed new challenges for governments. This collection introduces the innovative concept of “grey zones” of global governance, where international rules are often bent or ignored. These zones are significant, contested spaces for state policy and market behaviour to interact with respect to trade, the environment, food security, and investment. At a time of growing nationalist sentiment, it explores creative local engagement with international economic law and offers a bold new way to understand public concerns about international trade and investment, food security, green energy, subsidies, and anti-dumping actions.
Over the last 40 years, tax expenditure analysis has reshaped the way policy makers and practitioners around the world think about the design of tax systems. This volume presents recent research on tax expenditures and their role in the fiscal and public policy systems of OECD countries. Contributors from Canada, the United States, Australia, and England offer new data and interdisciplinary perspectives on the definition, distributional effects, and politics of tax expenditures, and the use of tax expenditures to advance policy agendas relating to the environment, housing, health and fitness, and retirement savings.
Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout.
A Study of Mixed Legal Systems: Endangered, Entrenched, or Blended takes the reader on a fascinating voyage of discovery. It includes case studies of a number of systems from across the globe: Cyprus, Guyana, Jersey, Mauritius, Philippines, Quebec, St Lucia, Scotland, and Seychelles. Each combines its legal legacies in novel ways. Large and small, in Europe and beyond, some are sovereign, some part of larger political units. Some are monolingual, some bilingual, some multilingual. Along with an analytical introduction and conclusion, the chapters explore the manner in which the elements of these mixed systems may be seen to be 'entrenched', 'endangered', or 'blended'.
"This volume originated in part from a series of symposia held by the Commission on Folk Law and Legal Pluralism in August of 1983 in Vancouver, Canada, as part of the XIth International Congress of Anthropological and Ethnological Sciences"--Pref.
A collection of essays focusing on the relationship between interpretation acts and statutory interpretation. The activity of interpreting statutes is often thought to be quintessentially judicial and is largely governed by common law rules and principles of statutory interpretation. Interestingly, however, in every province in Canada (and in many other jurisdictions), parliaments and legislatures have enacted statutes that purport to dictate to courts how they should interpret legislation.
Chapter 2 by Sean Donlan.
The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture - or clashes of legal and public cultures - may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and to language and the law, with the use of metaphors not as illustration but core element of comparative methodology.
Taking stock of the rapid changes to the law of unjust enrichment over the last decade, some of the most important writers in the area examine central questions raised by demarcating unjust enrichment as a separate area of private law, including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to the concept of property, how the obligation to make restitution relates to other private law obligations, how the remedy of restitution relates to principles of corrective justice, and what role mental elements should play in shaping the law.
Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. Teshager W. Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products.
Chapter 10 by Katie Sykes.
This edited volume brings together experts, emerging scholars, and practitioners in the field of international disaster law to analyze the evolution of international disaster law as a field that encompasses new ideas about human rights, sovereignty, and technology. Chapters focus on specific natural disasters like Hurricane Katrina, Cyclone Nargis, and Typhoon Hainan in addition to volcanic and earthquake activity, wildfires, and desertification. This book begins a dialogue on the profound implications of the evolution of international law as a tool for disaster response.
Theory of Class Actions, Craig Jones provides a complete and comprehensive defence of the use of the class action for the resolution of mass tort claims. He explodes several popular myths regarding class actions including the notions that they infringe on litigative autonomy, they "blackmail" defendants, they pay too much to lawyers, and they are only effective for numerous, low-value claims. Jones argues that legislatures`, and more particularly courts`, use of the device has been haphazard, unprincipled, and in large measure ineffective at realizing the principle functions of tort law—reduction of the overall costs of accidents through optimal deterrence and compensation.
A Festschrift is a celebration in writing. This Festschrift honours Nana Dr. Samuel Kwadwo Boaten Asante - a most distinguished legal scholar, practitioner and policymaker and a towering figure in the Ghanaian legal community. Throughout his academic and professional life, Dr. SKB Asante advanced the interests of the developing world through his scholarship, advocacy and counsel in law, development and public policy matters.
Chapter 10 by Robert Diab. This is the second edition of the acclaimed Security and Human Rights, first published in 2007. Reconciling issues of security with a respect for fundamental human rights has become one of the key challenges facing governments throughout the world. The first edition broke the disciplinary confines in which security was often analysed before and after the events of 11 September 2001. The second edition continues in this tradition, presenting a collection of essays from leading academics and practitioners in the fields of criminal justice, public law, privacy law, international law, and critical social theory.
This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions.
Chapter 8 by Katie Sykes.
At a time when the planet's wildlife faces countless dangers, international environmental law continues to overlook its evolving welfare interests. This thought-provoking book provides a crucial exploration of how international environmental law must adapt to take account of the growing recognition of the intrinsic value of wildlife.Animal Welfare and International Environmental Law offers compelling and timely arguments in favour of wildlife's inherent worth and proposes a progressive development of the law in response to its needs and interests.
Cap In Hand asks: what if the four major North American pro sports move beyond the restrictive covenants of the franchise model? The product sold to fans today is a pale copy of what it might be if the market could guide the best players to the best teams, whose ingenuity and innovation would inspire everyone to do better and put on a better show.
Video games continue to be the source of some of the most fascinating and challenging questions in law. In the second edition of Video Game Law, Jon Festinger, Q.C., Chris Metcalfe and Roch Ripley reveal how this burgeoning industry is creating more than games – it is posing fresh challenges for legal systems throughout the world. This work provides a comprehensive, clear and well documented overview of this rapidly expanding legal territory. It also addresses issues relating to IP, freedom of speech, employment, defamation, privacy, licensing and torts as they arise within the context of the video games industry, offering unique legal analysis and guidance unavailable elsewhere.
Chapter by C. Kamphuis. This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC).
Chapter 3 by Charis Kamphuis.
This book is a collection of expert academic articles from contributors around the globe. It is written to explore the concept of global justice and how it can help enhance the capacity of extractive industry dispute prevention and resolution mechanisms in order to better address the needs of local communities.
North American law has been transformed in ways unimaginable before 9/11. Laws now authorize and courts have condoned indefinite detention without charge based on secret evidence, mass secret surveillance, and targeted killing of US citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality.The Harbinger Theory demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion, not in terms of a general fear of the greater threat that terrorism now poses, but a more specific belief that 9/11 was the harbinger of a new order of terror, giving rise to the likelihood of an attack on the same scale as 9/11 or greater in the near future, involving thousands of casualties and possibly weapons of mass destruction.
Ch. 3 by Janna Promislow. The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and"law at the boundaries," they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the "incomplete implementation of the British constitution" in these colonies.
Clinical Law: Practice, Theory, and Social Justice Advocacy is the first Canadian text of its kind to integrate the theories of clinical law and provide a set of practical tools to assist lawyers in effectively advocating for their clients. This hands-on guide puts individual client advocacy at its centre with information on how to interview and counsel clients and how to strategize, negotiate, and verbally advocate for clients. The text discusses practical approaches to building relationships with clients and communities, and explores the future of clinical legal practice.
This collection includes 12 papers developed out of a conference held in 2017 ("The Canadian Law of Obligations: Innovations, Innovators and the Next 20 Years") together with a Foreword by The Honourable Justice Russell Brown. The papers included in this collection examine emerging issues, themes, and controversies within the Canadian Law of Obligations and provide diverse perspectives about a range of subjects including the limits and potential development of public authority liability, affirmative duties and omissions, the role of rights in private law, the protection of privacy, good faith, and causation in contract and tort.
The eighth edition of this publication was prepared to incorporate the vast changes in the law of trusts since the previous edition. It is meant to provide students, practitioners and teachers of the subject with a clear structure for understanding the basic law of trusts, while providing insight into the complexities of trust law. The textual material is designed to give students a framework for understanding and analyzing the cases and materials that will enable them to be self-directed in learning.
The ninth edition of Oosterhoff on Trusts was prepared to incorporate the vast changes in the law of trusts since the previous edition. It is meant to provide students, practitioners and teachers of the subject with a clear structure for understanding the basic law of trusts, while providing insight into the complexities of trust law. The textual material is designed to give students a framework for understanding and analyzing the cases and materials that will enable them to be self-directed in learning.
As the treatise most commonly cited by the Supreme Court of Canada and other Canadian courts, Canadian Tort Law has greatly influenced the development of tort law in Canada. The text has been updated and in places substantially re-written to reflect changes in tort law in the past few years. In addition to incumbent author Bruce Feldthusen, three new leading scholars of Canadian tort law have added their expertise – Erik Knutsen on causation, Margaret Hall on nuisance and Hilary Young on defamation.
This legal treatise provides a comprehensive review of the law of public and private nuisance and strict liability as applied and articulated in Canadian cases. The authors have found in their research that even though the law of nuisance can be difficult to navigate, with each case being judged in its own context, there "are many common threads and basic statements of principle that do act as milestones and beacons." They have used these basic guiding principles, as found in current Canadian law, to help illuminate the way for others.
Chapter 8 by Nicole Schabus.
Provides the reader with a unique focus on leading judicial cases in major environmental law areas including climate change, the intersection of environmental and energy issues, aboriginal rights and the environment, energy facilities (pipeline regulatory decisions), environmental impact assessment, public inquiries and much more.
Chapter 15 by Margaret Hall. Chapter 18 by Ruby Dhand.
Every day in our courts we see played out the struggle to protect the human rights and dignity of individual Canadians with mental health challenges, to access adequate mental health care and social support, and to provide genuinely helpful responses to criminal behaviour associated with mental health problems. Law and Mind: Mental Health Law and Policy in Canada provides a comprehensive analysis of the most important cases and key debates at the intersection of mental health law and policy.
Canadian Perspectives on Animals and the Law provides an important new contribution to the debate on the legal status and treatment of animals in Canada. Twelve chapters by leading academics and practising lawyers address a range of doctrinal and conceptual questions, situating legal analysis in the broader context of ethical and philosophical debate about justice in human-animal relationships. Topics addressed include the Ikea monkey case, key shortcomings in Canada’s animal cruelty law, the relationship between animal rights and the rights of Canada’s indigenous peoples, and the emergence of animal protection in international law.
Chapter by Brad Morse. This analysis of the constitutional law and politics surrounding the Constitution Act, 1982 traces the history of the negotiations, the current ramifications of the more controversial issues surrounding the Charter of Rights and Freedoms and the future of Canadian constitutional issues.
Chapter 5 by Sam Singer. Issues related to sexual orientation and gender identity impact almost all areas of legal practice. Members of the LGBTQ2+ community face unique hurdles, especially in areas of family, immigration, estates, and criminal law. LGBTQ2+ Law: Practice Issues and Analysis is the first text of its kind, offering a practical treatment of these specific challenges within a variety of legal contexts.
In Canada’s liberal dream, the law extends its benefits to everyone. But the law also determines who is included in that “everyone.” Migrant workers, long welcomed in Canada for their labour, are often excluded from both workplace protections and basic social benefits such as health care, income assistance, and education due to their lack of permanent status.
Enforcing Exclusion recasts what migration status means to both the state and to non-citizens.
The seventh edition of Administrative Law: Cases, Text, and Materials has been meticulously reorganized and updated to provide detailed commentary and a thorough review of recent case law in a resource that is engaging and accessible to students. Careful editing has significantly reduced the length of this edition, while in-depth and well-framed discussion builds on the pedagogical integrity and scholarly approach of previous editions.
On its simplest level, the purpose of this book is to explain the legal rules applicable to cases of large scale claims, typically in "product liability" and "mass torts." The book builds on a recognition that there is a field of practice--and, increasingly, of legal study--which demands a working comprehension of the way in which a number of apparently diverse fields of practice interact in the modern courtroom. These practice areas include, but are not limited to, product liability, torts, corporation law, evidence, conflict of laws, class actions, and the law of remedies.
Class Actions in Canada: Cases, Notes, and Materials, 2nd Edition explores the leading-edge case law and current legislative regimes that guide the certification process, determination of representation, and approval of settlements. It examines the procedural challenges involved in bringing and defending against class actions, as well as the complexities of multijurisdictional actions. Chapters are written by a team of experts from across Canada and cover a number of specific areas in which class actions have been brought to bear.
Perspectives on Evidentiary Privileges by Christopher DL Hunt
Call Number: KE 8440 .H86 2019 LAW
Publication Date: 2019-11-21
Chapter 12 by Sam Singer. Perspectives on Evidentiary Privileges features 12 scholarly papers that examine emerging doctrinal and policy issues concerning evidential privileges in the following areas: ‘Mr. Big’ undercover police operations; protection of journalistic source privilege; marital privilege; privilege for tax professionals; privilege issues surrounding police investigative techniques; case by case privilege; privilege for religious communications; Parliamentary records privilege; confidential informant privilege; privilege against self-incrimination; and researcher-participant privilege.
One of the few book-length discussions of Canada’s Anti-Terrorism Act, this examination of the legislation passed in Canada shortly after September 11, 2001, documents the governmental debates leading up to the bill’s passage and reveals how the court system has interpreted the law and the way the police force has put it into practice. Spotlighting the neglect on behalf of Canada’s parliamentarians, this essential record provides evidence that lawmakers voted in favor of the act without having read it and details the unforeseen implications that have led to the incarceration of innocent people.
This is a remarkable insider’s story of a unique piece of litigation: the first trial-court “constitutional reference” in Canadian history. Craig Jones, lead counsel for the Attorney General of British Columbia, describes the argument he and his colleagues developed against polygamy, drawing from fields as diverse as anthropology, history, economics, and evolutionary psychology. Yet it was ultimately the testimony of real people that showed how the theoretical harms of polygamy’s “cruel arithmetic” played out upon its victims. A Cruel Arithmetic describes how the author’s own views evolved from scepticism to a committed belief in the campaign against polygamy.
Interpret and apply B.C. provincial statutes with confidence. Turn to The Annotated Guide to the British Columbia Interpretation Act for section-by section commentary that will help you interpret and apply B.C. provincial statutes. You’ll find relevant extracts and summaries of previously decided cases that discuss or apply the Interpretation Act. You’ll gain immediate insight into how courts have previously approached these rules.
This book contains expert interpretation and commentary on the most current developments in the law. Procedural aspects of all aspects of a criminal and civil trial – from the pre-trial stage to verdict and sentencing – are covered.
This collection focuses on the period from 1763 through the mid-nineteenth century. In Louisiana and the Floridas, the territorial ambitions of Britain, France, and Spain, as well as the new American Republic, led to a rapidly shifting series of political and cultural changes. The result in the region was the creation of complex hybrids of social mores, customs, and legal ideas and institutions. Of particular significance were the land claims that inevitably followed transfers of sovereignty and legal systems, the social and legal entrenchment of established elites and the institution of slavery, as well as a legacy of extra-legal violence and folk justice. The fluid borders of Louisiana and the Floridas, both East and West, exposed the flexible social identities and political loyalties of those who were settled there.
Chapter 23 by Ryan Gauthier.
The Oxford Handbook of American Sports Law takes the reader through the most important controversies and critical developments in law and U.S. sports. Over the course of 30 chapters, leading scholars explore this expanding and captivating area of law. The Handbook is the first book to gather dozens of perspectives on sports law controversies in the United States, and will be of interest to those who study and practice sports law, as well as journalists, broadcasters, and legally minded sports fans.
Sean Patrick Donlan - Chapter 1. Across the West, a legal system centred on the state, the creation of general national laws, the elimination of competing jurisdictions, and the marginalization of non-legal norms was a very long historical process. This volume examines the »poly-juralism« of Europe's past – its legal hybridity and jurisdictional complexity – through case studies from a number of perspectives and traditions: Anglo-American, continental, Nordic, and mixed. The authors remind us that law precedes and surrounds the state, which is but one source of norms.
This book provides a comprehensive and comparative examination of private international law in Commonwealth Africa. It offers an unrivalled breadth of coverage in its examination of the law in Botswana, the Gambia, Ghana, Kenya, Lesotho, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. Drawing on nearly 1500 cases decided by courts in these countries and numerous national statutes, this book covers the four cornerstones of private international law: jurisdiction, choice of law, foreign judgements and arbitral awards enforcement, and international civil procedure.
Chapter 4 by Tesh Dagne. An edited volume of real-world case studies examining innovators in nine countries – Egypt, Nigeria, Ghana, Ethiopia, Uganda, Kenya, Mozambique, Botswana and South Africa – across many sites of innovation and creativity including music, leather goods, textiles, cocoa, coffee, auto parts, traditional medicine, book publishing, biofuels and university research. Various forms of intellectual property protection are explored: copyrights, patents, trademarks, geographical indications and trade secrets, as well as traditional and informal mechanisms of knowledge governance.
Richard Frimpong Oppong challenges the view that effective economic integration in Africa is hindered by purely socio-economic, political and infrastructural problems. Inspired by the comparative experiences of other regional economic communities and imbued with insights from constitutional, public and private international law, he argues that even if the socio-economic, political and infrastructural challenges were to disappear, the state of existing laws would hinder any progress.
Since the dawn of the twenty-first century, at least twelve international arbitration claims have been submitted against the Government of Ghana (GoG). This is a significant number compared with what had previously been the case. To date, there has been little or no academic study involving the claims, the arbitral awards resulting from them, and their implications for Ghana. This book aims to fill that void. It examines GoG's experiences with international arbitration. It draws on lessons from those experiences, as well as the comparative insights extrapolated from other jurisdictions. The book focuses on arbitration between GoG and private foreign individuals, firms or corporations. It does not deal with interstate arbitration.
An Introduction to Property Law in Australia is designed to help the reader gain a deeper understanding of property law by explaining (in plain language) the analytical framework of the subject. This new edition has a broad coverage of almost every aspect of real and personal property law. Topics covered inlcude such diverse branches of property law as company shares, domestic partnerships, intellectual property, native title, natural resources and succession on death. it deals with all the various sources of property rights from adverse possession to unjust enrichment.
Chapter 3 by Robert Diab. Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real world application.
This book introduces the next generation of risk management thinking to the adventure industry. Managing Risk guides you through building and integrating The Seven Systems of Outdoor Adventure Risk Management Planning into your existing experiential and adventure-based operations or programs. Written, reviewed and adopted by adventure, education and business professionals, this book is required reading for program managers, owner/operators, senior staff and anyone looking to make a career in the adventure industry. It will change the way you think about managing risk.
Chapter 9 by Margaret Hall. Dementia is a devastating disorder which may dramatically interfere with decision-making abilities. Effort has focused on trying to determine when a person is no longer capable of making particular decisions or is globally incompetent. However, much less focus has been placed on understanding how the capacity to make decisions influences one's view of oneself, one's world and one's treatment by others. This book aims to broaden discussion around this issue by moving beyond a focus on notions of capability and competence to explore the importance of personhood and the underlying complexities of decision-making for those with dementia.