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All Papers

Submissions from 2012 2012

Debt or Equity? A Puzzle for Canadian Bankruptcy Law, Stephanie Ben-Ishai

Polygamy and the Predicament of Contemporary Criminal Law, Benjamin L. Berger

The Aesthetics of Religious Freedom, Benjamin L. Berger

The Architecture of Transnational Private Regulation, Fabrizio Cafaggi

Privatizing the Economic Constitution- Can the World Market Reproduce its Own Institutional Prerequisites?, Gralf-Peter Calliess, Jens Mertens, and Moritz Renner

Transnational Copyright: Misalignments between Regulation, Business Models and User Practice, Leonhard Dobusch and Sigrid Quack

Transnational Business Governance Interactions: Conceptualization and Framework for Analysis, Burkard Eberlein, Kenneth W. Abbott, Julia Black, and Errol Meidinger

The Embededness of Responsible Business Practice: National Institutional Environments and Corporate Social Responsibility, Luc Fransen

And No More Shall We Shout: Noise By-Laws, Freedom of Expression and a Montréal Sex Club, Richard Haigh

Whistleblowing and Freedom of Conscience: Towards a New Legal Analysis, Richard Haigh and Peter Bowal

Transnational Business Governance and the Management of Natural Resources, Virginia Haufler

El Medioambiente, los Pueblos Indígenas y la Minería en Canadá (Indigenous Peoples in Canada and Peru: Free Prior Informed Consent), Shin Imai

The Structure of the Indian Act: Accountability in Governance, Shin Imai

Accountability Across Borders: Mining in Guatemala and the Canadian Justice System, Shin Imai, Bernadette Maheandiran, and Valerie Crystal

Therapeutic Jurisprudence and Child Protection, Shelley M. Kierstead

Text Work as Identity Work for Legal Writers: How Writing Texts Contribute to the Construction of a Professional Identity, Shelley M. Kierstead and Erika Abner

Community, Enforcement and Justification: The International Law of Intervention in World-Societal Perspective, Stefan Kroll

Beneficial Ownership in Tax Treaties: Judicial Interpretation and the Case for Clarity, Jinyan Li

The Great Fiscal Wall of China: Tax Treaties and Their Role in Defining and Defending China’s Tax Base, Jinyan Li

Oppression, Suppression, and Injustice: A Critical Evaluation of the Grievance Procedure in the Federal Public Service, Grant LoPatriello

Assembling an Experimentalist Regime: Transnational Governance Interactions in the Forest Sector, Christine Overdevest and Jonathan Zeitlin

The Globalization of Tax Expenditure Reporting: Transplanting Transparency in India and the Global South, Lisa Philipps

Transnational Business Governance Interactions and Technical Systems in Global Finance, Tony Porter

Judicial Review of Refugee Determinations: The Luck of the Draw?, Sean Rehaag

Law's Slow Violence: A Review of Rob Nixon's "Slow Violence and the Environmentalism of the Poor" (HUP, 2010), Dayna Nadine Scott

Administrative Justice and Adjudicative Ethics in Canada, Lorne Sossin

Ontario’s Administrative Tribunal Clusters: A Glass Half-Full or Half-Empty for Administrative Justice?, Lorne Sossin and Jamie Baxter

Indeterminacy and Balance: A Path to a Wholesome Corporate Law, Fenner L. Stewart Jr.

Basic Challenges for Governance in Emergencies, François Tanguay-Renaud

Criminalizing the State, François Tanguay-Renaud

Victor's Justice: The Next Best Moral Theory of Criminal Punishment?, François Tanguay-Renaud

Labour's Many Constitutions (and Capital's Too), Eric Tucker

Old Lessons for New Governance: Safety or Profit and the New Conventional Wisdom, Eric Tucker

Arbitrator Behaviour in Asymmetrical Adjudication: An Empirical Study of Investment Treaty Arbitration, Gus Van Harten

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