Tag Archives: UVic law

New Title – Global Corruption

Global Corruption: Law, Theory & Practice (Third Edition) by Gerry Ferguson is a new release published by the University of Victoria. It can be downloaded for free on UVicSpace: https://dspace.library.uvic.ca/handle/1828/9253.

Published under a CC BY-NC-SA license

This book has been specifically created to make it easier for professors to offer a law school course on global corruption. It is issued under a creative commons license and can be used for free in whole or in part for non-commercial purposes. The first chapter sets out the general context of global corruption: its nature and extent, and some views on its historical, social, economic and political dimensions. Each subsequent chapter sets out international standards and requirements in respect to combating corruption – mainly in the UN Convention Against Corruption (UNCAC) and the OECD Bribery of Foreign Officials Convention (OECD Convention). The laws of the United States and United Kingdom are then set out as examples of how those Convention standards and requirements are met in two influential jurisdictions. Finally, the law of Canada is set out. Thus, a professor from Africa, Australia, New Zealand or English speaking countries in Asia and Europe has a nearly complete coursebook – for example, that professor can delete the Canadian sections of this book and insert the law and practices of his or her home country in their place. While primarily directed to a law school course on global corruption, this book will be of interest and use to professors teaching courses on corruption from other academic disciplines and to lawyers and other anti-corruption practitioners.

Praise for the book

Global Corruption is the Canadian (and arguably US and UK) definitive text on ABAC. Like Hogg on constitutional law, but for anticorruption. Throughout the day, my counterparts from the other banks emailed back their thanks and great surprise at the sheer wealth of the resource that Ferguson has provided.
– Daryl Davis (H.B.A., B.C.L. & LL. B)
Chief Advisor, Sanctions and Anti-Corruption Program Management, National Bank of Canada

In Global Corruption, Ferguson provides a rich analysis of the nature, scope and extent of global corruption by canvassing international requirements and UK, US and Canadian law on a vast array of topics from the investigation, prosecution and sanctioning of corruption, money laundering and the recovery of corruption proceeds to laws and policies on preventative mechanisms such as the regulation of public procurement, lobbying, campaign financing, whistleblowing and other corruption risks.
– Dr. Leonardo Borlini
Department of Law, Bocconi University & Co-author of Corruption: Economic Analysis and Law

This book by Ferguson is an invaluable resource for the international community as he provides an amazing wealth of information and analysis for students and practitioners on the scope and details of the international standards against corruption, including the UN and OECD conventions as well as the various ways in which the laws of US, UK and Canada attempt to combat corruption.
– Dr. Nikos Passas
Professor of Criminology & Criminal Justice, Northeastern University, Senior Fellow of the Financial Integrity Institute, Case Western Reserve School of Law Chair, Academic Council of Anti-Corruption Academy, India & 2017 Dr Jean Mayer Global Citizenship Award Recipient

UVic Author Celebration Feature: The Right Relationship

The annual UVic Author Celebration is happening TODAY as part of Ideafest. Join us as we celebrate books written by UVic authors, including an engaging panel discussion on issues facing First Nations communities.

When: (Today) March 8, 2018
Where: University Bookstore
Time: 3:00-4:30pm

The author panel includes: John Borrows (Law), Michele Tanaka (Education), Paul Whitinui (Education), and Wanosts’a7 Lorna Williams (Education). Rebecca Johnson (Indigenous Law Research Unit) will moderate.

This week, we will highlight the books written by members of the author panel.

The Right Relationship by edited by John Borrows and Michael Coyle was released last year by University of Toronto Press.

About the Book

In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century. The diverse perspectives offered in this volume examine how Indigenous people’s own legal and policy frameworks can be used to develop healthier attitudes between First Peoples and settler governments in Canada. While considering the existing law of Aboriginal and treaty rights, the contributors imagine what these relationships might look like if those involved pursued our highest aspirations as Canadians and Indigenous peoples. This timely and authoritative volume provides answers that will help pave the way toward good governance for all.

About the Editors

John Borrows is the Canada Research Chair in Indigenous Law in the Faculty of Law at the University of Victoria. He teaches in the area of Constitutional Law, Indigenous Law, and Environmental Law. In addition to teaching generations of students at his home base in UVic’s law school, he has served as visiting professor in the US, Australia and New Zealand. As a global leader in Indigenous law, Borrows’ ideas helped shape the recommendations of both the Truth and Reconciliation Commission of Canada and the Royal Commission on Aboriginal Peoples. He has led engagement with Indigenous legal traditions in Canada and internationally, bringing to light some of the injustices, inequalities and conditions of Indigenous people. His scholarship has been cited by the Supreme Court of Canada. Recently, he was named the 2017 Killam Prize winner in Social Sciences by the Canada Council for the Arts. Borrows is Anishinabe/Ojibway and a member of the Chippewa of the Nawash First Nation in Ontario, Canada.

Michael Coyle is an associate professor and Director of Graduate Programs in the Faculty of Law at Western University. He has over twenty-five years of experience in mediating disputes between the Crown and First Nations.

Praise for the Book

“This book presents an innovative argument on understanding and implementing treaties… Contributors are innovative in the way they conceive of alternatives that respect traditions and legal structures of Indigenous nations and government.” (E. Acevedo, Choice Magazine vol 55:04:2017)

“The Right Relationship, goes well beyond a capsule summary of the issues related to the interpretation and implementation of historical treaties. This wide-reaching collection of essays represents leading-edge scholarship on the central issue of how we, in modern Canada, can give life and voice to historical treaties in a manner that can be justified by law, philosophy, and moral reasoning. This volume is a serious contribution to the study of Indigenous–settler relations.” (Douglas Sanderson, Faculty of Law, University of Toronto)

Also by John Borrows

Freedom and Indigenous Constitutionalism (2016, University of Toronto Press) celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance.

The Constitution of Canada: A Contextual Analysis by Jeremy Webber

Each year UVic faculty, staff, students, alumni, and retirees produce an incredible amount of intellectual content reflecting their breadth and diversity of research, teaching, personal, and professional interests. A list of these works is available here.

The Constitution of Canada: A Contextual Analysis is a recent title by UVic Dean of Law, Jeremy Webber.

About the Book

The Constitution of Canada: A Contextual Analysis introduces and describes the principal characteristics of the Canadian constitution, including Canada’s institutional structure and the principal drivers of Canadian constitutional development. The constitution is set in its historical context, noting especially the complex interaction of national and regional societies that continues to shape the constitution of Canada. The book argues that aspects of the constitution are best understood in ‘agonistic’ terms, as the product of a continuing encounter or negotiation, with each of the contending interpretations rooted in significantly different visions of the relationship among peoples and societies in Canada. It suggests how these agonistic relationships have, in complex ways, found expression in distinctive doctrines of Canadian constitutional law and how these doctrines represent approaches to constitutional legality that may be more widely applicable. As such, the book charts the Canadian expression of trans-societal constitutional themes: democracy; parliamentarism; the rule of law; federalism; human rights; and Indigenous rights, and describes the country that has resulted from the interplay of these themes.


About the Author

Jeremy Webber is Professor and Dean of Law at the University of Victoria. He is an internationally-recognized scholar on cultural diversity, constitutional theory, and indigenous rights. Before coming to the University of Victoria, he was Dean of Law at the University of Sydney and prior to that, Associate Dean of Graduate Studies and Research in the Faculty of Law at McGill University. He has also held the Canada Research Chair in Law and Society, was a Trudeau Fellow, and has taught, mentored, and supervised countless students.

Praise for the Book

The Constitution of Canada is a masterpiece – an outstanding and original study of the Canadian constitutional experience by one of Canada’s leading legal scholars. Webber explains the history, characteristics and resourcefulness of the living constitution in non-technical and illuminating language. He also shows how the constitution is shaped by the engagement and interaction of the diverse people of Canada, who are simultaneously subjects and active citizens of it – a dynamic he calls ‘agonistic constitutionalism’.” – James Tully, Distinguished Professor, University of Victoria

“Jeremy Webber has given us a rich, contextual account of Canada’s constitution. Webber moves beyond the confines of constitutional texts and judicial decisions and grounds his account in the circumstances of the country’s history. Only such an account can capture the deep diversity that is the hallmark of Canada’s constitutional culture.” – Peter Russell, Professor Emeritus, University of Toronto

“This books is an umbrella of fundamental principles, covering flexibility, accommodation and negotiation necessary to enable members of a constitutional community who may disagree on issues but who want to remain bound together within a country and society. Impressive!” – Gregory Tardi, Journal of Parliamentary and Political Law

Indigeneity and Legal Pluralism in India: Claims, Histories, Meanings by Pooja Parmar

Each year UVic faculty, staff, students, alumni, and retirees produce an incredible amount of intellectual content reflecting their breadth and diversity of research, teaching, personal, and professional interests. A list of these works is available here.

Indigeneity and Legal Pluralism in India: Claims, Histories, Meanings is a recent publication by UVic Law professor Pooja Parmar.

About the Book

indigeneity-and-legal-pluralismAs calls for reparations to indigenous peoples grow on every continent, issues around resource extraction and dispossession raise complex legal questions. What do these disputes mean to those affected? How do the narratives of indigenous people, legal professionals, and the media intersect? In this richly layered and nuanced account, Parmar focuses on indigeneity in the widely publicized controversy over a Coca-Cola bottling facility in Kerala, India. Juxtaposing popular, legal, and Adivasi narratives, Parmar examines how meanings are gained and lost through translation of complex claims into the languages of social movements and formal legal systems. Included are perspectives of the diverse range of actors involved, based on interviews with members of Adivasi communities, social activists, bureaucrats, politicians, lawyers, and judges. Presented in clear, accessible prose, Parmar’s account of translation enriches debates in the fields of legal pluralism, indigeneity, and development.

 

About the Author

parmar-profilePooja Parmar is an Assistant Professor with the Faculty of Law at the University of Victoria. She is interested in questions of legal epistemology and legal pluralism. Parmar is currently working on projects related to rights of Indigenous peoples, and the legal profession. Her published research has examined aspects of international human rights, right to water, indigeneity, legal history, international law, intersections of law and colonialism, regulation of the global economy, and law and development. Before entering academia, Parmar practiced law in New Delhi for several years.

 

J.C.Y. Liew & D. Galloway – Immigration Law, 2e

Each year UVic faculty, staff, students, alumni, and retirees produce an incredible amount of intellectual content reflecting their breadth and diversity of research, teaching, personal, and professional interests. A list of these works is available here.

Immigration LawImmigration Law, 2nd edition is a new title from UVic Faculty member Donald Galloway. It explores the history, status, process, and issues of immigration in Canadian law. Anyone interested in the general shape and sense of Canada’s immigration law and policy, in its evolution, and in the issues that will dominate the field in the future, will want to read this book.

About the Book

Canadian immigration and citizenship law has been subject to frequent and seemingly frenzied revision and reformulation by the government of the day as it attempts to identify the country’s social, economic, and demographic needs and to respond to perceived threats to its sovereign control over Canada’s borders.

This book builds upon the first edition as an introductory guide to immigration, refugee, and citizenship law. Its aim is to provide an overview, or a starting point, both for those who want to investigate the mechanics of Canada’s immigration regime and for those who want to assess, critique, or question the aims and impacts of the law.

The book is divided into four parts. Part 1 provides context and delves into the sources and evolution of Canadian immigration law. Part 2 examines status in Canada, identifying how persons may obtain, keep, and lose temporary or permanent status. Part 3 discusses the devices that the Canadian government uses to enforce immigration law. Part 4 examines judicial supervision of government action under the immigration regime, and in particular judicial review and constitutional challenges.

About the Authors

galloway-profileDonald Galloway is a professor of law at the University of Victoria, where he teaches Immigration and Citizenship Law, Refugee Law, and Torts. Professor Galloway has degrees in law and philosophy from the University of Edinburgh and Harvard University. He has served as a member of the Refugee Division of the Immigration and Refugee Board and as a member of the executive of the Canadian Association of Refugee Lawyers. Professor Galloway has appeared as an expert before House of Commons and Senate committees, and is the recipient of the Bora Laskin National Fellowship in Human Rights Research.

Jamie Chai Yun Liew is an immigration and refugee lawyer who has appeared at the Immigration and Refugee Board, Federal Court, Federal Court of Appeal, and the Supreme Court of Canada. She is also an assistant professor at the Faculty of Law at the University of Ottawa, where she teaches Immigration and Refugee Law, Advanced Refugee Law, and Administrative Law. Professor Liew holds degrees in political science and commerce from the University of Calgary, international affairs from Carleton University, and law from the University of Ottawa and Columbia University. She is a member of litigation committees for the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers, and her research focuses on the performative and consequential aspects of how Canadian law is affecting refugees and immigrants.