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All Papers

Submissions from 2012 2012

First Nations and the Canada-China FIPA, Gus Van Harten

Special Program on Foreign Investment, Gus Van Harten

Process vs. Performance Standards for Sustainable Meeting and Event Management, Andrew S. Walker

ISO 26000: Bridging the Public/Private Divide in Transnational Business Governance Interactions, Kernaghan Webb

The Case for Leverage-Based Corporate Human Rights Responsibility, Stepan Wood

Lochner Disembedded: The Anxieties of Law in a Global Context, Peer Zumbansen

Rethinking the Nature of the Firm: The Corporation as a Governance Object, Peer Zumbansen

Transnational Comparisons: Theory and Practice of Comparative Law as a Critique of Global Governance, Peer Zumbansen

Transnational Private Regulatory Governance: Ambiguities of Public Authority and Private Power, Peer Zumbansen

Submissions from 2011 2011

Labour Law after Labour, Harry W. Arthurs

A Comparative Study of Bankruptcy as Bailout, Stephanie Ben-Ishai and Stephen J. Lubben

Involuntary Creditors and Corporate Bankruptcy, Stephanie Ben-Ishai and Stephen J. Lubben

Debtor Assistance and Debt Advice: The Role of the Canadian Credit Counselling Industry, Stephanie Ben-Ishai and Saul Schwartz

Introduction - Copyright, Communication & Culture: Towards a Relational Theory of Copyright Law, Carys J. Craig

The Paradoxical Relationship between Econometric Effectiveness and Legal Certainty, Keith Crawford

International Arbitration: A New Mechanism to Settle Intra-State Territorial Disputes between States and Secessionist Movements? - The Divorce of Sudan and South Sudan and the Abyei Question, Cindy Daase

Challenges to the Patent System, Giuseppina D'Agostino

Financial Instability, Tax Policy, and the Tax Expenditure Concept, Timothy Edgar

Harmonizing Through Judicial Review: Statutory Interpretation and Participation in Sub-Arctic Resource Management, Sari M. Graben

Does Law Have an Outside?, Janet E. Halley

Hurly-Berle – Corporate Governance, Commercial Profits, and Democratic Deficits, Allan Hutchinson

Looking for the Good Judge: Merit and Ideology, Allan Hutchinson

The Legacy of Critical Legal Thought and Transatlantic Endeavours, Christian Joerges, David M. Trubek, and Peer Zumbansen

The Evolution of General Administrative Law and the Emergence of Postmodern Administrative Law, Karl-Heinz Ladeur

Strategic Research Planning in a Law School Setting, Lisa Philipps

Ownership, Governance and US Securities Regulation: The Case for a 'Learning Regulator', Aviv Pichhadze

H.L.A. Hart and the Invention of Legal Philosophy, Dan Priel

In Defence of Quasi-Contract, Dan Priel

One Right Answer?: The Meta Edition, Dan Priel

Positivism and the Separation of Law and Jurisprudence, Dan Priel

Towards Classical Legal Positivism, Dan Priel

Restricted Access to Justice for Canadians Mistreated Abroad: Abdelrazik v. Canada (Re: Interim Costs), Sean Rehaag

A Damp Squib: Environmental Law from a Human Evolutionary Perspective, Benjamin J. Richardson

A Perspective from Honduras' Civil Society Truth Commission, Craig Scott

A Surfer’s Guide to US Foreign Policy in Egypt, or Has Obama Been Snookered?, Craig Scott

Taking Tea with Torturers, Craig Scott

The Transnationalization of Truth: A Meditation on Sri Lanka and Honduras, Craig Scott

Will Canada Be an Open Democracy after May 2?, Craig Scott

International Civil Service Ethics, Professionalism and the Rule of Law, Lorne Sossin and Vasuda Sinha

Review Essay - The Mystic Wand of Participation: An Appraisal of Mark Mazower’s 'No Enchanted Palace: The End of Empire and the Ideological Origins of the United Nations' (2010), Mai Taha

Puzzling About State Excuses as an Instance of Group Excuses, François Tanguay-Renaud

Administrative Law Blast, Gus Van Harten

Clustering, Accountability, and Governance, Gus Van Harten

Discussant for Keynote Address by Professor Jan Dalhuisen, Gus Van Harten

Public Inquiries: Independence is the Key, Gus Van Harten

Public Interest and Investor-State Arbitration, Gus Van Harten

Reform of Investor-State Arbitration: A Perspective from Canada, Gus Van Harten

Summary of G. Van Harten, 'The Use of Quantitative Methods to Examine Possible Bias in Investment Arbitration' and 'Reply' [to Franck, Garbin, and Perkins] in the Yearbook on International Investment Law & Policy (2011), Gus Van Harten

The (Lack of) Women Arbitrators in Investment Treaty Arbitration, Gus Van Harten

TWAIL and the Dabhol Arbitration, Gus Van Harten

New Approaches to Enforcement and Compliance with Labour Regulatory Standards: The Case of Ontario, Canada, Leah F. Vosko, Eric Tucker, Mary Gellatly, and Mark P. Thomas

Four Varieties of Social Responsibility: Making Sense of the 'Sphere of Influence' and 'Leverage' Debate Via the Case of ISO 26000, Stepan Wood

Comparative, Global and Transnational Constitutionalism: The Emergence of a Transnational Legal-Pluralist Order, Peer Zumbansen

Defining the Space of Transnational Law: Legal Theory, Global Governance and Legal Pluralism, Peer Zumbansen

Transnational Law, Evolving, Peer Zumbansen

The Embedded Firm: Corporate Governance, Labor, and Finance Capitalism, Peer Zumbansen and Cynthia A. Williams

Submissions from 2010 2010

Constitutionalizing the Right of Workers to Organize, Bargain and Strike: The Sight of One Shoulder Shrugging, Harry W. Arthurs

Extraterritoriality by Other Means: How Labor Law Sneaks Across Borders, Conquers Minds, and Controls Workplaces Abroad, Harry W. Arthurs

The Constitutionalization of Labour Rights: What Bliss in this Dawn to Be Alive, Harry W. Arthurs

Outside, Hidden and in Between: Locating the Migrant Exotic Dancer in Canadian Legal Discourse and Regulatory Practice, Carolina Santos Ruiz Austria

Negotiating the Claim to Inclusion: Statelessness and the Contestation of the Limits of Citizenship, Kiran Banerjee

The Role of Governments in the Overindebtedness of the Economically Disadvantaged, Stephanie Ben-Ishai, Saul Schwartz, and Jeremy Barretto

Democracy and Freedom in an Imperial Context: Conversations with James Tully, Ruth Buchanan

Making the Law Work for Everyone? Legal Empowerment and the Struggles over Land in the Peruvian Amazon, Ruth Buchanan

An Analyses of the Institution of the Catholic Church from the Perspective of New Institutional Economics and as a 'Carrier of History' (David, 1994) in the Handling and Reporting of Child Sexual Abuse, Given its Role as a Social Institution within Wider Irish Society, Elaine Mary Buckley

Law, Transnational, Gralf-Peter Calliess

Does Section 2(B) Really Make a Difference? Part 1: Freedom of Expression, Defamation Law, and the Journalist-Source Privilege, Jamie Cameron

Digital Locks and the Fate of Fair Dealing in Canada: In Pursuit of 'Prescriptive Parallelism', Carys J. Craig

International Human Rights Law and Constitutional Rights: In Favour of Synergy, Fiona de Londras

In Defence of Transnational Domestic Labor Regulations, David J. Doorey

In Defense of Transnational Domestic Labor Regulation, David J. Doorey

Writing the Rules of Socio-Economic Impact Assessment: Adaptation Through Participation, Sari M. Graben

The Greatest Tragedy of All: Regulating the Atmosphere in a Climate of Indecision, Donal R. Hamilton

Under the 'Volcker Rule' in the United States, it is Proposed that Banks Will No Longer Be Allowed to Own, Invest in, or Sponsor Hedge Funds, Private Equity Funds, or Proprietary Trading Operations for Their Own Profit, Unrelated to Serving Their Customers: Can this Be an Effective Regulatory Response to Risk Issues Exposed During the Financial Crisis that Commenced in the Autumn of 2008?, Ted Harding

Razzle-Dazzle, Allan Hutchinson

Democracy and Constitutional Change, Allan Hutchinson and Joel I. Colón-Ríos

A Critical Legal Pluralist Analysis of the Begum Case, Amy Jackson

The Convergence of Public and Corporate Power in Peru: Yanacocha Mine, Campesino Dispossession, Privatized Coercion, Charis Kamphuis

From Constitutions to Constitutionalism: An Opportunity for Arab States, Not a Paradox, Asem Khalil

The State in International Law, Karl-Heinz Ladeur

Goldcorp and Hudbay Minerals in Guatemala (2010 update), Bernadette Maheandiran, Jessica DiFederico, Rolando Aguilera, and Shin Imai

At the Outside-In, from the Inside-Out, Stu Marvel and Sujith Xavier

Review Essay – Emmanuel Melissaris’s Ubiquitous Law: Legal Theory and the Space for Legal Pluralism, Derek McKee

Making Space for Grandma: The Emancipation of Traditional Knowledge and the Dominance of Western-Style Intellectual Property Rights Regimes, Ikechi Mgbeoji

Global Warming: A Tragedy of the Commons, Maebh O'Gorman

The Acceptable Limits of State Interference in Private Property Rights During Periods of Economic Crisis, Ian Payne

Income Splitting and Gender Equality: The Case for Incentivizing Intra-Household Wealth Transfers, Lisa Philipps

Corporate Governance and First-Best Solutions: A Sociological Perspective, Aviv Pichhadze

Institutional Investors as Blockholders, Aviv Pichhadze

Market Integrity and Regulatory Systemic Risk: Insight from the Market Oriented Blockholder Model, Aviv Pichhadze

British Politics, the Welfare State, and Tort Liability of Public Authorities, Dan Priel

Jurisprudence and Psychology, Dan Priel

The Scientific Model of Jurisprudence, Dan Priel

Legal Origins, Investor Protection, and Canada, Poonam Puri

The Long Shadow of Colonialism: The Origins of the Doctrine of Emergency in International Human Rights Law, John Reynolds

21st Century Fiduciary Duties for Socially Responsible Investment, Benjamin J. Richardson

Being Virtuous and Prosperous: SRI's Conflicting Goals, Benjamin J. Richardson

Climate Change: Legal and Business Cases for Early Action, Benjamin J. Richardson

Climate Finance and its Governance: From Financial: Intermediation to Socially Responsible Investment, Benjamin J. Richardson

Climate Finance and its Governance: Moving to a Low Carbon Economy through Socially Responsible Financing?, Benjamin J. Richardson