Results | Windsor Law Faculty Publications

Williamson, T., Coulthard, G., Gordan, J., Wilson, N., McAdam, S., McLean, S., & Horn-Miller, W. (2016). Indigenous Voices | AfroDiasporic & Indigenous Studies Collection. In H. Eaton & L. M. Levesque (Eds.), Advancing Nonviolence and Social Transformation New Perspectives on Nonviolent Theories. https://www.equinoxpub.com/home/advancing-nonviolence-and-social-transformation/

Nonviolence is emerging as a topic of great interest in activist, academic and community settings. In particular, nonviolence is being recognized as a necessary component of constructive and sustainable social change. This book considers nonviolence in relationship to specific social, political, ecological and spiritual issues. Through case studies and examinations of social resistance, gender, the arts, and education, it provides specialists and non-specialists with a solid introduction to the importance and relevance of nonviolence in various contexts.Advancing Nonviolence and Social Transformation is organized into five sections. The first section is a set of essays on various historical and contemporary perspectives on nonviolence. The second section consists of essays on philosophical and theoretical explorations of the topic. The third and fourth sections expand the scope of nonviolence into the areas of thought and action, including Indigenous resistance, student protests, human trafficking, intimate partner violence and ecological issues. The final section takes nonviolence into the study of wonder, music, education and hope. The book will be useful to anyone working in the theories and practices of social change.

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Cameron, C., Kalajdzic, J., & Klement, A. (2016). Economic enablers. In Class Actions in Context (pp. 137–169). Edward Elgar Publishing. https://www.elgaronline.com/edcollchap/edcoll/9781783470433/9781783470433.00016.xml

"Chapter 7: Economic enablers" published on 27 May 2016 by Edward Elgar Publishing.

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Kalajdzic, J. (2016). The engine that drives: Fees, costs and the Canadian class action. In Class Actions in Context: How Culture, Economics and Politics Shape Collective Litigation (pp. 232–255). Edward Elgar.

Mcadam, S. (2016). Armed with nothing more than a song and a drum: Idle no more. In Kino-nda-niimi Collective (Ed.), The winter we danced: voices from the past, the future, and the Idle No More movement (4th printing). Arp Books.

Mummé, C. (2016). A comparative reflection from Canada : a good faith perspective. In A. Bogg & M. R. Freedland (Eds.), The contract of employment (First edition, Vol. 1–1 online resource (liv, 675 pages)). Oxford University Press. https://doi.org/10.1093/acprof:oso/9780198783169.001.0001

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Sheldon, C. T., & Lemmens, T. (2016). The governance of the safety and efficacy of psychopharmaceuticals: challenges and opportunities for reform. In C. M. Flood & J. A. Chandler (Eds.), Law and mind: mental health law and policy in Canada (pp. 223–251). LexisNexis Canada.

Smit, A. (2016). Making up for the loss of “home”: Compensation for Residential Property Expropriation in Canada. In A. Smit & M. Valiante (Eds.), Public interest, private property: law and planning policy in Canada. UBCPress.

Smit, A., & Valiante, M. (2016). Introduction. In A. Smit & M. Valiante (Eds.), Public interest, private property: law and planning policy in Canada. UBCPress.

Smyth, G., Hale, S., & Gold, N. (2016). Clinical and Experiential Learning in Canadian Law Schools: Current Perspectives. In L. A. Wankel & C. Wankle (Eds.), Integrating curricular and co-courricular endeavors to enhance student outcomes (First edition). Emerald Group Publishing Limited.

Integrating curricular and co-curricular endeavors to enhance student outcomes reports on a variety of innovative approaches taken in universities in a number of nations of their experience in bringing together learning in courses with learning in co- and extracurricular activities. Topics range from study abroad programs to service-learning. Also covered are community-based learning, cross-disciplinary collaborations, and peer-mentoring. This volume will introduce you to research and many interesting contexts, such as the U.S. Naval Academy, where promoting ethical leadership to cadets has been an important focus. Frame-breaking approaches, such as having university business students and circus performers collaborate, are explained within the context of the literature. The leveraging of Somali immigrant education programs for student learning is a stimulating activity that is also covered. Another inventive issue explored is the reformatting of traditional co-curricular transcripts to reflect a wider indication and measure of students' skills and abilities

Thomasen, K. (2016). Examining the constitutionality of robot-enhanced interrogation. In M. R. Calo, M. Froomkin, & I. Kerr (Eds.), Robot law. Edward Elgar Publishing.

Venkatesh, V. (2016). Should the Congress adopt a guest worker program?: Perspective 1: No. In K. Lomotey (Ed.), People of color in the United States: contemporary issues in education, work, communities, health, and immigration (Vol. 1–1 online resource (4 volumes) : illustrations, portraits). Greenwood, an Imprint of ABC-CLIO, LLC. http://site.ebrary.com/id/11271856

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Waters, C. (2016). Democratic oversight through courts and tribunals. In A. Duxbury & M. Groves (Eds.), Military justice in the modern age (Vol. 1–1 online resource (xxix, 415 pages .)). Cambridge University Press. https://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&db=nlabk&AN=1230521

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Mummé, C. (2015). Property in Labour and the Limits of Contract. In U. Mattei & J. D. Haskell (Eds.), Research handbook on political economy and law. Edward Elgar Publishing.

As has long been recognized, the contract of employment depends on the commodification of labour power. Notwithstanding debates amongst political theorists and trade union activists about whether individuals should be viewed as self-owners, and whether it is possible to sell one’s capabilities without selling one’s self, the law does treat labour power as a commodity. There has been little research on the ways in which the law does so, however, for the simple reason that self-ownership of one’s laboring capacities is often taken as fact, as the starting premise for analysis, and treated as a necessary pre-condition for individual self-realization through contract. Moreover, proprietary and contractual forms of regulating work are often presented as diametrically opposed: a proprietary method of labour regulation is said to create a relationship of slavery, while contract is presented as an institution of choice. This paper argues that an analysis of labour power as property, and its relationship to contract, emphasizes that both contract and property are enmeshed in the legal regulation of waged employment. Examining the ways in which the courts have given shape to individuals' proprietary rights over their labour power, and have set the terms for its exchange, demonstrates that the limitations on employer's rights of control are not inherent to the contractual form. Instead, they often depend on wider social processes, such as production and labour processes, collective bargaining, and statutory regulation. Examining proprietary rights over labour power provides another window onto the malleability of the contractual form, and the degree to which political choices are made by courts and legislators in determining the terms of the employment contract. This paper therefore investigates the relationship between contract, and labour power as property. To do so the historical evolution of contractual limitations on employers’ rights of control will be canvassed, and the ways in which these limitations are now fraying. In particular, the development of the managerial prerogative from a property to a contract-based interest is described, and the ways in which concepts of working-time have operated, in theory, to separate in law the commodification of labour power from the commodification of self. Finally, the paper concludes by examining the ways in which these limiting mechanisms are beginning to disappear, as collective bargaining protections dissipate and the statutory protections are rolled back.

Smit, A. (2015). Property Rights and Public Interests: Restitution, Transitional Justice, and Post-conflict Reconciliation. In M. Bradley (Ed.), Forced migration, reconciliation, and justice (pp. 68–86). McGill-Queen’s University Press.

Van Assche, K., Beunen, R., Smit, A., & Verschraegen, G. (2015). Planning and Law in Evolving Governance. In R. Beunen, K. Van Assche, & M. Duineveld (Eds.), Evolutionary Governance Theory: Theory and Applications (pp. 37–55). Springer International Publishing. https://doi.org/10.1007/978-3-319-12274-8_3

This chapter presents a theoretical perspective on the roles of law in the evolution of planning systems. Three main roles of law in planning are distinguished: law can enable, delimit and codify planning. How these roles play out and relate to each other in the evolution of a planning system, will differ by community. In four scenario’s we discern key points regarding the relation between the roles of law in evolving spatial governance. Understanding the different roles of law in planning, and their interplay in the evolution of the planning system, adds to the scientific and societal debates on planning and law, where hitherto polarizing discourses (planning vs law) dominated the discussion. More broadly, our perspective on the enabling, codifying and delimiting functions of law in planning sheds a new light on the potential and limitation of both law and planning to shape the future of communities.

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Waters, C. (2015). From coup reaction to coup prevention. In C. Jalloh, A. B. M. Marong, & H. B. Jallow (Eds.), Promoting accountability under international law for gross human rights violations in Africa: essays in honour of prosecutor Hassan Bubacar Jallow (Vol. 1–1 online resource (xxxviii, 619 pages)). Brill Nijhoff. https://doi.org/10.1163/9789004271753

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Barton, S., Ryan Teschner, & Del Gobbo, D. (2014). Rex’s and Regina’s children can do no wrong?: reconsidering crown agent immunity in commercial contexts. In T. Archibald (Ed.), Annual review of civil litigation (pp. 31–59). Carswell.

Waters, C. (2014). South Ossetia. In C. Walter, A. von Ungern-Sternberg, & K. Abushov (Eds.), Self-determination and secession in international law (First edition, Vol. 1–1 online resource (xiv, 318 pages)). Oxford University Press. https://public.ebookcentral.proquest.com/choice/PublicFullRecord.aspx?p=7036992

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Wharton, S. (2014). Commentary: Disclosure/Access to Evidence. In A. Klip & S. Freeland (Eds.), Annotated Leading Cases of International Criminal Tribunals (Vol. 39, pp. 516–530).

Wharton, S. (2014). Commentary: Six ICC Decisions on Disclosure and Access to Evidence. In A. Klip & S. Freeland (Eds.), Annotated Leading Cases of International Criminal Tribunals (Vol. 39, pp. 727–732).