Comparative Matters: The Renaissance of Comparative Constitutional Law

Comparative Matters: The Renaissance of Comparative Constitutional Law

Ran Hirschl

Oxford University Press, 2014
ISBN: 978-0-19-871451-4

This book charts the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and explores how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide.

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Foundational Texts in Modern Criminal Law

Foundational Texts in Modern Criminal Law

Edited by Markus D Dubber

Oxford University Press, 2014
ISBN: 978-0-19-967361-2

Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes.

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Abortion Law in Transnational Perspective

Abortion Law in Transnational Perspective: Cases and Controversies

Edited by Rebecca J. Cook, Joanna N. Erdman, and Bernard M. Dickens

University of Pennsylvania Press, 2014
ISBN 978-0-8122-4627-8

This book offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead.

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Natural Law A Jewish, Christian, and Islamic Trialogue

Natural Law: A Jewish, Christian, and Islamic Trialogue

Anver Emon

Oxford University Press, 2014
ISBN: 978-0-19-870660-1

This book is an examination of natural law doctrine, rooted in the classical writings of our respective three traditions: Jewish, Christian, and Islamic. Each of the authors provides an extensive essay reflecting on natural law doctrine in his tradition.

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Book: The Governance Gap

The Governance Gap: Extractive Industries, Human Rights, and the Home State Advantage

Audrey Macklin and Penelope Simons

Routledge, 2014
ISBN: 978-0-415-33470-9

This book explores the persistence of the governance gap with respect to the human rights-impacting conduct of transnational extractive corporations operating in zones of weak governance.

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Michael Trebilcock: Dealing with Losers

Dealing with Losers: The Political Economy of Policy Transitions

Michael Trebilcock

Oxford University Press, 2014
ISBN: 9780199370658

Whenever governments change policies, there will typically be losers. Dealing with Losers: The Political Economy of Policy Transitions explores both normative and political rationales for transition cost mitigation strategies and explains which strategies might create an aggregate, overall enhancement in societal welfare beyond mere compensation.

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Markus Dubber - Criminal Law: A Comparative Approach

Criminal Law: A Comparative Approach

Markus Dubber and Tatjana Hörnle

Oxford University Press, 2014
ISBN: 978-0-19-958960-9

Criminal Law: A Comparative Approach presents a systematic and comprehensive comparative analysis of the substantive criminal law of two major jurisdictions: the United States and Germany. Presupposing no familiarity with either U.S. or German criminal law, the book will provide criminal law scholars and students with a rich comparative understanding of criminal law's foundations and central doctrines.

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Resisting Economic Globalization

Resisting Economic Globalization: Critical Theory and International Investment Law

David Schneiderman

Palgrave Macmillan, 2013
ISBN: 978-1-137-00405-5

Is economic globalization irresistible? One of its main effects has been to shield financiers and investors from democratic processes deemed out-of-sync with powerful economic interests. This book is an inquiry into the ways by which citizens and states may be able to undo some of these constraints imposed by transnational legality.

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Anver Emon, "Religious Pluralism and Islamic Law"

Religious Pluralism and Islamic Law

Anver Emon

Oxford University Press, 2012
ISBN: 978-0-19-966163-3

This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity.

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Review in the Times Literary Supplement (subscribers only)

Middle Income Access to Justice

Middle Income Access to Justice

Edited by Michael Trebilcock, Anthony Duggan, and Lorne Sossin

University of Toronto Press,  2012
ISBN 9781442612686

This book focuses on the problem of civil access to justice for middle income earners – those whose household income is high enough to disqualify them from legal aid but not high enough to cover the costs of litigation. Featuring contributions by leading Canadian and international scholars, practitioners, and members of the judiciary, this multidisciplinary collection draws on scholarship in the fields of law, social science, and public policy.

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Hamish Stewart, Fundamental Justice

Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms

Hamish Stewart

Irwin Law, 2012
ISBN: 978-1-55221-225-7

This book outlines the place of section 7 in the constitutional order; how courts decide whether a particular legal principle is so fundamental that it merits recognition under section 7; the conditions under which section 7 will apply to a legal dispute; the legal norms that have been recognized, or rejected, as principles of fundamental justice under section 7; and the very limited circumstances in which an infringement of section 7 will be justified under section 1.

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Jennifer Nedelsky, Law's Relations

Law's Relations:
A Relational Theory of Self, Autonomy, and Law

Jennifer Nedelsky

Oxford University Press, 2011
ISBN: 0195147960

Autonomy is one of the core concepts of legal and political thought, yet also one of the least understood. The prevailing theory of liberal individualism characterizes autonomy as independence, yet from a social perspective, this conception is glaringly inadequate. In this brilliantly innovative work, Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries, and individual rights.

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Michael Trebilcock and Mariana Mota Prado, What Makes Poor Countries Poor?

What Makes Poor Countries Poor? Institutional Determinants of Development

Michael J. Trebilcock and Mariana Mota Prado

Edward Elgar, 2011
ISBN: 9780857938862

This book focuses on the idea that institutions matter for development, asking what lessons we have learned from past reform efforts, and what role lawyers can play in this field.

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Kent Roach - The 9/11 Effect

The 9/11 Effect: Comparative Counter-Terrorism

Kent Roach

Cambridge University Press, 2011
ISBN: 9780521185059

This book critically and comparatively examines the responses of the United Nations and a range of countries to the terror attacks on September 11, 2001. It assesses the convergence between the responses of western democracies including the United States, the United Kingdom, Australia, and Canada with countries with more experience with terrorism including Egypt, Syria, Israel, Singapore, and Indonesia.

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Prof. Jutta Brunnee, "Legitimacy and Legality in International Law"

Legitimacy and Legality in International Law

Jutta Brunnée and Stephen J. Toope, UBC, Vancouver

Cambridge University Press, 2010
ISBN: 9780521706834

It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained.

Winner, 2011 Certificate of Merit for a Preeminent Contribution to Creative Scholarship, American Society of International Law

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Constitutional Theocracy

Constitutional Theocracy

Ran Hirschl

Harvard University Press, 2010
ISBN 9780674048195

At the intersection of two sweeping global trends - the rise of popular support for principles of theocratic governance, and the spread of constitutionalism and judicial review - a new legal order has emerged: constitutional theocracy. It enshrines religion and its interlocutors as "a" or "the" source of legislation, and at the same time adheres to core ideals and practices of modern constitutionalism. Read more.

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Prof. Anver Emon: Islamic Natural Law Theories

Islamic Natural Law Theories

Anver M. Emon

Oxford University Press, 2010
ISBN 978-0-19-957900-6

Prof. Anver Emon's book offers the first sustained jurisprudential inquiry into Islamic natural law theory. By recasting the Islamic legal tradition in terms of legal philosophy, the book sheds substantial light on an uncharted tradition of natural law theory and offers critical insights into contemporary global debates about Islamic law and reform. Read more.

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Gender Stereotyping: Transnational Legal Perspectives

Gender Stereotyping: Transnational Legal Perspectives

Rebecca J. Cook and Simone Cusack

University of Pennsylvania Press, 2009
ISBN 978-0-8122-4214-0

Drawing on domestic and international law, as well as on judgments given by courts and human rights treaty bodies, Gender Stereotyping offers perspectives on ways gender stereotypes might be eliminated through the transnational legal process in order to ensure women's equality and the full exercise of their human rights.

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Punishment and Freedom

Punishment and Freedom

Alan Brudner

Oxford University Press, 2009
ISBN 978-0-19-920725-1

Punishment and Freedom sets out a new understanding of the penal law of a liberal legal order. It argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. Offering a major reassessment of the nature and role of the harm principle in criminal law, this book will be of interest to liberal political philosophers as well as criminal law theorists

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Ayelet Shachar: The Birthright Lottery

The Birthright Lottery: Citizenship and Global Inequality

Ayelet Shachar

Harvard University Press, 2009
ISBN 9780674032712

The vast majority of the global population acquires citizenship purely by accidental circumstances of birth. In The Birthright Lottery, Ayelet Shachar argues that birthright citizenship in an affluent society can be thought of as a form of property inheritance: that is, a valuable entitlement transmitted by law to a restricted group of recipients under conditions that perpetuate the transfer of this prerogative to their heirs. Read more.

See the profile in Nexus magazine.

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Parliamentary Democracy in Crisis

Parliamentary Democracy in Crisis

Edited by Peter H. Russell and Lorne Sossin
Foreword by The Right Honourable Adrienne Clarkson

University of Toronto Press, 2009
ISBN 9781442640764

Democracy in Crisis brings together journalists, political scientists, and leading constitutional experts to analyse Canada's parliamentary crisis of November 2008 and to discuss the nature of Canada's democracy.

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Watch the panel discussion at the book launch held on April 21, 2009 by the David Asper Centre for Constitutional Rights.