The Advocate, Jan. 2020
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The Anglo-American Revolution in Tort Choice of Law Principles: Paradigm Shift Or Pandora’S Box?
THE ANGLO-AMERICAN REVOLUTION IN TORT CHOICE OF LAW PRINCIPLES: PARADIGM SHIFT OR PANDORA’S BOX? Alan Reed* I. INTRODUCTION Gallons of ink spill across the law review pages as the conflicts revolution engages a counter-revolution in a rhubarb as esoteric and perplexing as anything American law has ever known.1 The landscape of American conflicts law has undergone a fundamental reorientation.2 The altered canvas is most vivid in the choice of law arena, particularly in relation to governing principles in tort.3 After decades of experimentation, we are left with dominant greys and innumerable shades: a bewildering chiaroscuro effect that confuses academicians, practitioners and 4 judges. The prevailing American methodology has recently infected the scepter’d isle. The result is the recognition that the legal system should put certain constructs to rest because their utility is long-gone and their specters confound our thinking. Accordingly, recent and radical changes in the English tort choice of law rules now supplement century-old laws. These alterations in * Alan Reed graduated from Trinity College, Cambridge University in 1988 with a first class honours degree in law (B.A 1988 and M.A. 1991), and was awarded the Herbert Smith prize for private international law attaining the highest examination grade in that subject. Cambridge University also granted him a full Holland Scholarship to facilitate study in the U.S. and he obtained an LL.M. Masters of Law (comparative law) at the University of Virginia in 1990. On his return to England, he spent two years in practice with Theodore Goddard in London, whilst additionally teaching law at Trinity College, Cambridge. -
Front Matter
Cambridge University Press 978-0-521-76255-7 - Corporate Lawyers and Corporate Governance Joan Loughrey Frontmatter More information CORPORATE LAWYERS AND CORPORATE GOVERNANCE This assessment of the corporate governance role of corporate lawyers in the United Kingdom analyses the extent to which lawyers can and should act as gatekeepers, counsellors and reputational intermediaries. Focusing on external and in-house lawyers’ roles in both dispersed share-ownership and owner-managed companies, Joan Loughrey highlights the conflicts of interest that are endemic in corporate representation and examines how lawyers should respond when corporate agents provide instructions con- trary to the company client’s interests. She also considers the legitimacy of ‘creative compliance’,the ethical arguments for and against lawyers pri- oritising the public interest over their clients’ interests, and their exposure to liability if they fail to perform a corporate governance role. Finally, she considers whether the reforms to the legal profession will promote the lawyer’s corporate governance role and advances suggestions for reform. joan loughrey is currently the Director of the Centre for Business Law and Practice at the School of Law, University of Leeds, where her research interests include corporate law, corporate governance, and ethics and the legal profession. © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-76255-7 - Corporate Lawyers and Corporate Governance Joan Loughrey Frontmatter More information international corporate law and financial market regulation Recent years have seen an upsurge of change and reform in corporate law and financial market regulation internationally as the corporate and institutional investor sector increasingly turns to the international financial markets. -
School of Law Alumni Magazine — Issue Six 2020 Contents Welcome
SHAPING LEEDS THE FUTURE LAW TOGETHER School of Law Alumni Magazine — Issue Six 2020 Contents Welcome FEATURES Welcome School of Law Alumni Magazine This year was always going to involve some change for the Law School with Professor Alastair Mullis moving to take up the role of Interim Executive EDITOR Beth Hastings-Trew Dean of the Faculty of Social Sciences at the start of January 2020. School Support Office (Alumni and Communications) As Deputy Head of School I was to assume Our colleagues have responded to this new world As our very recent past has demonstrated we are the position of Interim Head of School during not only through dramatically reorienting how they more than capable of meeting the challenges Alastair’s term as Interim Executive Dean and it teach and support students, but also through ahead and we will continue to strive to make was to be a fairly straight-forward task of holding research that addresses the societal challenges a real difference to the world. Whether this is the fort until his return in January 2021. posed by COVID-19. This includes considering through our research or through supporting how it will impact international trade, crime our students to become graduates who will KEEP IN TOUCH In autumn 2019 School life continued much rates, the human rights implications of COVID-19 go out and make significant contributions to Phone: +44 (0)113 343 7209 as normal. legislation and the role of parks in a pandemic. society. This is, after all, the year when an Email: [email protected] Colleagues have reached out and spoken to alumnus of the Law School became the Leader Facebook: facebook.com/lawunileeds Twitter: @law_leeds We welcomed our new undergraduate students the media and policy makers on a number of of the Opposition (Sir Keir Starmer ‘85). -
Transnational Law Practice
Case Western Reserve Law Review Volume 44 Issue 2 Article 10 1994 Transnational Law Practice Richard L. Abel Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Richard L. Abel, Transnational Law Practice, 44 Case W. Rsrv. L. Rev. 737 (1994) Available at: https://scholarlycommons.law.case.edu/caselrev/vol44/iss2/10 This Symposium is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. TRANSNATIONAL LAW PRACTICE Richard L. Abelt T RANSNATIONAL law practice has grown dramatically in recent years, but scholarship has not kept pace. This Article fills the void in three different, yet related, ways. The first section seeks to explain the patterns of transnational law practice that have emerged in recent decades. The second describes the constraints on transnational practice, especially those imposed by national and supranational regulation. I conclude with proposals about how lawyers, professional organizations, and governments should regulate transnational law practice. Since there is no comprehensive account of the growth of transnational law practice, I have appended one, drawn from a wide variety of sources, including Martindale-Hubbell, the International Financial Law Review, and Business Lawyer,' as well as a dozen interviews with lawyers in t Professor, U.C.L.A. (B.A., 1962, Harvard; LL.B., 1965, Columbia; Ph.D., 1974, London). 1. In addition to the sources cited throughout the entire article, I have benefitted from consulting a number of sources, see generally MARC GALANTER & THOMAS PALAY, TOURNAMENT OF LAWYERS: THE TRANSFORMATION OF THE BIG LAW FIRM (1991); LAW FIRMS IN EUROPE (John Pritchard ed., 1992); Alice Finn, Foreign Lawyers: Regulation of Foreign Lawyers in Japan, 28 HARV. -
Wills and Trusts Law Reports
Wills and Trusts Law Reports ALPHABETICAL INDEX OF REPORTED CASES January 2000 to November 2014 N. B. 1 All cases are from England & Wales unless otherwise stated 2 All English Court of Appeal decisions are Civil Division unless otherwise stated 3 WTLR(w) indicates a judgment, available to subscribers, held online at www.legalease.co,uk/WTLR Wills and Trusts Law Reports: Index of Cases Reported A A v A [2009] 1 Fam D v A WTLR(w) 2008-13 v Rothschild Trust Cayman Ltd [2006] 1129 Cayman GC A County Council v MS & anr [2014] 931 CoP A Trust, re, B v C [2011] 745 RC (Jersey) re the [2013] 1117 RC (Jersey) A Trust Company Ltd, re [2008] 377 RC (Jersey) A’s undertakings, re, B’s undertaking, re [2005] 1 SpC AB Re [2014] 1117 CoP AB (Revocation of Enduring Power of Attorney Re [2014] 1303 CoP A-B v Dobbs [2010] 931 Fam D AB Essex v IRC [2002] 1 SpC Abacus Trust Company (Isle of Man) Ltd v National Society for the Prevention of [2001] 953 Ch D v Cruelty to Children Abbott v Abbott [2009] 1675 Antigua & Barbuda CA ABC v XZ [2013] 187 CoP Abdullahi v Mudashiru [2004] 913 Ch D Abou-Rahmah v Abacha [2006] 377 QBD Abrahams [2007] 1 CA v Trustee of the Property of Abrahams [2000] 593 Ch D v Williams (see White v Williams) AC v DC [2013] 745 Fam D Accurate Financial Consultants v Koko Black [2009] 1685 Victoria CA (Aus) Adam & Co International Trustees Ltd v Theodore Goddard [2000] 349 Ch D Adams, re, Adams v Lewis [2001] 493 Ch D v Schofield [2004] 1049 CA Adekunle v Ritchie [2007] 1505 Leeds CC Aerostar v Wilson WTLR(w) 2010-11 Agarwala v Agarwala -
TCR 3.10.Pdf
setting up camp inside the Olympic city —christos dikeakos Editor Jenny Penberthy Managing Editor Tamara Lee The Capilano Press Colin Browne, Pierre Coupey, Roger Farr, Brook Houglum, Crystal Hurdle, Andrew Klobucar, Society Board Aurelea Mahood, Elizabeth Rains, Bob Sherrin, George Stanley, Sharon Thesen Contributing Editors Clint Burnham, Erín Moure, Lisa Robertson Founding Editor Pierre Coupey Designer Jan Westendorp Website Design James Thomson The Capilano Review is published by The Capilano Press Society. Canadian subscription rates for one year are $25 GST included for individuals. Institutional rates are $30 plus GST. Outside Canada, add $5 and pay in U.S. funds. Address correspondence to The Capilano Review, 2055 Purcell Way, North Vancouver, BC V7J 3H5. Subscribe online at www.thecapilanoreview.ca For our submission guidelines, please see our website or mail us an SASE. Submissions must include an SASE with Canadian postage stamps, international reply coupons, or funds for return postage or they will not be considered—do not use U.S. postage on the SASE. The Capilano Review does not take responsibility for unsolicited manuscripts, nor do we consider simultaneous submissions or previously published work; e-mail submissions are not considered. Copyright remains the property of the author or artist. No portion of this publication may be reproduced without the permission of the author or artist. Please contact accesscopyright.ca for permissions. The Capilano Review gratefully acknowledges the financial assistance of the British Columbia Arts Council, Capilano University, and the Canada Council for the Arts. We acknowledge the financial support of the Government of Canada through the Canada Magazines Fund toward our editorial and production costs. -
Poverty: Rights, Social Citizenship, and Legal Activism (Vancouver: UBC Press, 2007), 389 Pp
REVIEW OF POVERTY RIGHTS, SOCIAL CITIZENSHIP, AND LEGAL ACTIVISM EDITED BY MARGOT YOUNG, SUSAN B. BOYD, GWEN BRODSKY AND SHELAGH DAY Margo Louise Foster* Margot Young, Susan B. Boyd, Gwen Brodsky & Shelagh Day, eds., Poverty: Rights, Social Citizenship, and Legal Activism (Vancouver: UBC Press, 2007), 389 pp. Louise Arbour has likened the present state of human rights in the inter- national context to a pillar of glass: these rights are invisible, decorative, and support nothing.1 Her sharp metaphor seems equally applicable to the treat- ment of human rights - in particular, social and economic rights - on the domestic front. Many Canadians take pride in the fundamental rights and freedoms entrenched in the Canadian Charter of Rights and Freedoms,2 but as the essays in Poverty: Rights, Social Citizenship, and Legal Activism3 show, many fail to see how those rights are infringed by the existence of poverty. This failure to see can also be observed in Canadian courts: for example, Gosselin v. Quebec (Attorney General),4 the very case that instigated Poverty, illustrates how the courts have resisted using the Charterto protect economic and social rights or to hold governments accountable for policies that per- petuate poverty. Within Canadian society, one can easily observe a divide * B.A. Hons. (UBC), M.A. (SFU), L.L.B. (UVIC 2009). I wish to thank Professor Freya Kodar for her feedback on an earlier draft of this review and Professor Benjamin Berger for his insightful and challenging comments on subsequent drafts. 1 Louise Arbour, "International Human Rights Advocacy: Opportunities and Limitations" (Lecture delivered at the Faculty of Law, University of Victoria, 19 September 2008) [unpublished], cited with the speaker's permission. -
Device to Root out Place: an Ethnography of Public Art in East Calgary
University of Calgary PRISM: University of Calgary's Digital Repository Graduate Studies The Vault: Electronic Theses and Dissertations 2014-09-29 Device to Root Out Place: An Ethnography of Public Art in East Calgary Varney, Catherine Opal Varney, C. O. (2014). Device to Root Out Place: An Ethnography of Public Art in East Calgary (Unpublished master's thesis). University of Calgary, Calgary, AB. doi:10.11575/PRISM/25695 http://hdl.handle.net/11023/1839 master thesis University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. Downloaded from PRISM: https://prism.ucalgary.ca UNIVERSITY OF CALGARY Device to Root Out Place: An Ethnography of Public Art in East Calgary by Catherine Opal Hollyberry Varney A THESIS SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTERS OF ARTS GRADUATE PROGRAM IN COMMUNICATION AND CULTURE CALGARY, ALBERTA SEPTEMBER, 2014 © Catherine Varney 2014 i ABSTRACT In 2008, a large-scale outdoor sculpture created by world-renowned artist, Dennis Oppenheim, was installed on a proposed site for a billion dollar mixed-use real estate redevelopment project in Calgary’s historic Ramsay neighbourhood. Oppenheim’s sculpture, Device to Root out Evil is one of many public artworks recently installed in East Calgary and serves as a prime example of how public art is being integrated into urban development and private real estate projects. -
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Heritage and Landscape as Human Values Conference Proceedings - General Interest Paysage et Patrimoine en tant que Valeurs Humaines Actes de la Conférence - Intérêt général 2 Dedicated co Khaled al Asaad, 5yrian archaeologist, "example of a hero of our times", brutally murdered by 1515 in the extreme attempt to defend Palmyra from the iconoclastie fury. Dédié à Khaled al Asaad, arcbéologue syrienne, "exemple d'un béros de notre temps»,brutalement assassinés par ISIS dans la tentative extreme pour défendre Palmyra de la furie iconoclaste. 3 4 Roberto Di Stefano, in Restauro quaderni di restauro dei monumenti e di urbanistica dei centri antichi - n. 1/1972, p. 3. 5 6 7 8 9 10 11 12 Table of Content The Florence Declaration on Heritage and Landscape as Human Value 16 Theme1 26 Sharing and experiencing the identity of communities through tourism and interpretation 1-1 New Tourism Frameworks 27 Itineraries through the Monuments of Vancouver: the Shift of Intentions in Canadian Public Art and Heritage Preservation 27 José Luis CHACÓN 1-2 Experiencing and Conserving the Cultural Landscape 35 The Interpretation of Vodnjan Cultural Landscape in the Online Presentation 35 Goran ANDLAR, Sonja BUTULA, Olga KINKELA 1-3 Sustainable Tourism and the Viability of Cultural Traditions 43 The Dr. Sun Yat-Sen Classical Chinese Garden: a Bridge between Cultures 43 Jeannette HLAVACH 1-4 Empowerment of the Local Community in Tourism Activities 50 The Infiltration of Heritage in Quotidian Life: Informal Education through Calendars as a Mean for 50 Preserving Cultural Heritage Guillermo BARZUNA PÉREZ, Melvin CAMPOS OCAMPO Theme 2 58 Landscape as cultural habitat 2-1 Knowledge and values 60 World Cultural Heritage Site - the Eastern Qing Tombs Cultural Landscape - the Highest Expression of Chinese Fengshui Theory 60 WANG Zhaohua , LI Xiuqing The technical, political, social and aesthetical issues of the Simplon road, considered as a large landscape garden 67 Margherita AZZI VISENTINI Documenting the Santa Fe Trail in Kansas 68 Amanda K. -
Bibliography of British Columbia
BIBLIOGRAPHY OF BRITISH COLUMBIA prepared by gail edwards, mls, phd BOOKS Adams, John. Point Ellice House: A Victorian Household. Victoria: Point Ellice House Preservation Society, 2009. 36 p. 9780968496817 Amos, Robert = Aimusi, and Kileasa Wong = Wu Zi Yu. Inside Chinatown: Ancient Culture in a New World = Yuduo li hua bu: sui yue. Victoria: TouchWood Editions, 2009. 151 p. 9781894898911 Bachusky, Johnnie. Ghost Town Stories of BC: Tales of Hope, Heroism and Tragedy. Victoria: Heritage House, 2009. 141 p. 9781894974738 Bouman, Daniel, and Andrew Scott. The People’s Water: The Fight for the Sunshine Coast’s Drinking Watersheds. Sechelt: Sunshine Coast Conservation Association, 2009. 61 p. Boyanowsky, Ehor. Savage Gods, Silver Ghosts: In the Wild with Ted Hughes. Vancouver: Douglas and McIntyre, 2009. 208 p. 9781553653233 Boyd, Susan, Donald MacPherson, and Bud Osborn. Raise Shit!: Social Action Saving Lives. Halifax: Fernwood, 2009. 192 p. 9781552663271 Brett, Brian. Trauma Farm: A Rebel History of Rural Life. Vancouver: Greystone Books, 2009. 320 p. 9781553654742 British Columbia Women’s Institute. 100 Years of British Columbia Women’s Institute, 1909-2009. 2 vols. Kamloops: The Institute, [2008]. 9780980911404 (v. 1), 9780980911411 (v. 2) Brown, Greg. Camp Deka: Boys’ Camp Memories 1961-1976; The Camp Where the Wild Loon Calls. Langley: Post Publishers, 2009. 170 p. 9780981183305 Cameron, Aaron, and Matt Gunn. Hikes Around Invermere and the Columbia River Valley. Surrey: Rocky Mountain Books, 2009. 208 p. 9781897522516 Cameron, June. 26 Feet to the Charlottes: Exploring the Land of the Haida. Surrey: Heritage House, 2009. 240 p. 9781894974615 Cannings, Richard. Roadside Nature Tours through the Okanagan. -
Retail Sales Taxation in Canada
RETAIL SALES TAXATION IN CANADA 1 RETAIL SALES TAXATION IN CANADA Contents • Overview of RST in Canada • 2008 Provincial Budget Developments • Common RST Compliance and Audit Issues • Recent Case Law 2 TAX RATES IN CANADA YT NT N/A NU HST 13% N/A N/A BC AB 7% SK MB QC N/A 5% 7% ON 7.5% PE 8% 10% GST 5% Provincial GST in Combined Province Rate Base GST/PST Rate British Columbia (BC) 7% No 12% Alberta (AB) N/A No 5% Saskatchewan (SK) 5% No 10% Manitoba (MB) 7% No 12% Ontario (ON) 8% No 13% Quebec (QC) 7.5% * Yes 12.875% New Brunswick (NB) N/A No 13% Nova Scotia (NS) N/A No 13% Prince Edward Island (PE) 10% * Yes 15.5% Newfoundland (NF) N/A No 13% Yukon (YT), NWT (NT), Nunavut (NU) N/A No 5% * Tax calculated on a GST-included basis 3 OVERVIEW OF RST IN CANADA Reference Materials • RBA Sales Tax ReviewTM, March 2005, “Self-Assessing Tax on Imports” • RBA Sales Tax Review™, March 2004, “The Hard Rules on Software” • Ontario Retail Sales Tax Guide Number 651, “Internet Related Services” • GST & Commodity Tax, Vol. VXIII, No. 5, June – July 2004, “Taxation of Services” • Ontario Retail Sales Tax Guide Number 519, “Insurance - General Information” • Common Audit Exposures, Chapter 36, “Bundled Goods and Services” • RBA Sales Tax ReviewTM , September 2002, “Provincial Sales Tax – When Must I Register?” • Ontario Tax Reporter, Number 470, July 2001, “The Retail Sales Tax Treatment of Real Property” • British Columbia Consumer Taxation Branch Bulletin SST 072, “Real Property Contractors” • Common Audit Exposures, Chapter 28, “Purchase Exemption Certificates” -
Strategic Priorities for FY2009 Business Plan
MCH Regulatory Review TVNZ Submission April 2008 Contents • PART 1: Executive Summary 2 • PART 2: Terminology 7 • PART 3: Context – Value of Public Service Broadcasting 10 – The Need for Marketplace Rules 24 • PART 4: Regulatory Review – Approach 36 – Environment 38 – Cross-Value Chain Issues 43 – Content Issues 51 – Distribution Issues 58 – Network Issues 65 TVNZ Submission: MCH Regulatory Review April 2008 2 Executive Summary • Public service broadcasting is important in order to ensure: the continued visibility and impact of local and public service content; plurality of voices in the media; and independence in an increasingly globalised world. TVNZ has a specific role to play as the Public Service Broadcaster to deliver Charter content and bring New Zealand to New Zealanders • New Zealanders value the principles of public service broadcasting as set out in TVNZ’s Charter. However, public service broadcasting in New Zealand does not receive stable, long-term funding • New Zealand has paid little attention to the broadcasting and media competitive environment. The lack of marketplace rules is not working for the existing broadcasting market, let alone converging markets • The lack of marketplace rules means that SKY has had the freedom to develop a business model in New Zealand not seen in other countries. SKY has been able to develop a vertically integrated business with the potential to exert considerable market power. That lack of marketplace rules and dominance by one player could lead to a lack of media diversity in New Zealand • Significant change is required across a number of areas identified by MCH. Marketplace rules are required in order to create a fair and level playing field for all participants.