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Business Organizations: Practice, Theory and Emerging Challenges, 3rd Edition
No full textBusiness Organizations: Practice, Theory and Emerging Challenges, 3rd Edition is more than just a comprehensive guide to the fundamentals of business structures, including partnerships and corporations. It highlights diverse perspectives on the objectives of business organizations, the roles and responsibilities of their officers and directors, and the functions of these organizations in Canadian society. This approach strives to promote a deep understanding of business organizations and of the ways in which legal and policy decisions impact their function.
This thoroughly updated and reorganized edition introduces an entirely new chapter on the principles of agency, along with a fresh examination of Indigenous business structures, including commentary on the challenges of imposing organizational structures conceived outside indigenous communities to enterprises operating within them. The casebook features expert insights from three new authors: Frankie Young, Peer Zumbansen, and Barnali Choudhury.
Drawing on the perspectives of leading Canadian business scholars, this casebook is designed to be an accessible classroom and research resource. It is a must-have addition to the faculty, firm, or private library of anyone interested in the various dimensions of the law of business organizations.https://digitalcommons.osgoode.yorku.ca/faculty_books/1436/thumbnail.jp
Race and Ethnicity in International Law on the Americas: From a ‘Regime of Truth’ to a ‘Dynamic of Indifference’
No full textTaking into account what we have already learned so far from Third World Approaches to International Law (TWAIL) scholars, Indigenous scholars, and other critical race scholars, in this short chapter we try to unpack the meaning and scope of race and ethnicity, through our own standpoints. First, we provide a critical overview of the race and ethnicity scholarship, paying close attention to the commentary of a few key interlocutors for our project in the short space of this chapter in the much larger project of this handbook. Next, we examine the place of race, and its displacement by ethnicity, in international law and regional human rights instruments. Tracking the social and scholarly move from biological determinism to social construction of what these concepts signify, we also assess the pragmatic and ideological reasons for a parallel ambiguity of these terms in international and human rights law. Ultimately, following our key interlocutors, we see this lack of definition and displacement of race as a tactic in the larger project of splitting solidarities and resetting the uneasy routes to more radical worldmaking. We conclude by briefly discussing two cases that show the pitfalls of juridification and the sometimes unintended and unsolicited transformations wrought by “ethnoracial” litigation
The Solidarity Spectrum: De-Solidarity, Anti-Solidarity, and Resistance
No full textIn this essay, we examine legal and political challenges to solidarity with and among migrants. We begin by describing the disturbing and powerful turn toward de-solidarity, particularly in some Global North countries, that threatens to undermine the global refugee and migration law regime. Politicians seek to capitalize upon racial fears of migrants from the Global South to reject solidarity (with the latter group) as a concept and pursue anti-immigrant laws and policies. We next examine anti-solidarity, as shown by the criminalization of humanitarian assistance as migrant smuggling. Both de-solidarity and anti-solidarity operate through law and race to constrain human mobility and amplify the vulnerability of humans on the move. Yet then, whereas law and politics seek to prevent solidarity, praxis and resistance fosters it. In other words, solidarity toward and among migrants materializes in the very locations where law exerts violent control, despite and arguably because of the troubling, or even abject nature of those spaces. Anti-solidarity and de-solidarity inflict harm on migrants, at the same time that they can lead to resistance and change. Examining solidarity and its challenges from these three different angles (the de-solidarity trend, the manufacturing of humanitarian assistance as a crime, and the shelter-space) we explore the forms of solidarity and support that, in spite of the law, continue to emerge on the migration pathway and refuse to wane
Data-Driven Collective Rights
No full textTechnological asymmetries in data-driven workplaces increasingly shape power dynamics between employers and employees. This article argues that safeguarding workers’ rights requires transforming collective labour rights into collective technological capabilities. Rather than viewing data rights narrowly as privacy issues, it reframes them as central to broader labour protections. As artificial intelligence enhances employers’ ability to monitor and exploit worker data, workers must be equipped with tools to analyse and act on their collective data. Employers now extract significant value from aggregated personal data, positioning workers as unwitting data providers and limiting workers’ agency. While current laws focus on individual data rights, they overlook the structural nature of data asymmetries. This article introduces the concept of “Data-Driven Collective Affordances” — technological mechanisms enabling workers to process and interpret their aggregated data collectively. By embedding these capabilities into legal and institutional frameworks, workers can co-determine data use, challenge exploitative practices, and more effectively exercise their rights. This collective approach leverages existing labour rights to restore balance in increasingly data-centric workplaces
It Takes Three to Tango: Labour Law, Data Protection, and Collective Voice for the Regulation of New Technologies in the Workplace
No full textThe prospect of algorithmic management of workers poses a risk to their dignity, freedom, health and safety and privacy. In their responses to this changed context, German, Italian, and Spanish labour regulators have taken different approaches. This article compares each jurisdiction’s approach to regulation by considering their distinctive features, functions, and objectives. The article goes on to consider the degree to which each jurisdiction’s approach to technological innovation in the workplace is a product of path-dependency, i.e., the extent to which responses to historical technological innovations in the workplace and established conceptions of the exercise of managerial prerogatives through technologies are predictive of their current responses to the introduction of algorithmic management technologies
Making Promises: Oaths, Treaties, and Covenants in Multi-jurisdictional and Multi-religious Societies
No full textThis book explores the challenges of promise-making in societies characterized by legal and religious pluralism and shaped by colonialism. It examines how promises are sites of meaning and memory, made through spiritual appeals, contestation, and more.
How should we understand promises as public, private, or political commitments? What are the conditions for promise-making in religiously diverse societies with competing jurisdictions and sovereignties? Making Promises addresses how promises are made meaningful not only through law, but also through appeals to transcendent powers across diverse traditions. Each contribution in this volume takes a closer look at specific kinds of promises: oaths, treaties, and covenants. The chapters reveal much about the nature of promises in multi-religious and multi-jurisdictional societies, and with contributions from scholars of religious studies, Indigenous studies, law, history, politics, and anthropology, this volume represents a comparative conversation on the making of promises. It pays close attention to Indigenous histories, visions, and conceptions of justice; comparative law within and across settler colonial states; interactions among religions and secularisms; and the ongoing importance of material culture, ritual, and emotion for these practices.At a time of human-caused environmental devastation and political upheaval, when making promises for the future seems both urgent and futile, this volume shows that promises have long been made and unmade, kept and broken, in ways that successive generations need to acknowledge and take up anew.https://digitalcommons.osgoode.yorku.ca/faculty_books/1451/thumbnail.jp
Doing Away with Racial Profiling in Policing Without Doing Away with the Rule of Law
No full textSince the turn of the millennium, Canadian appellate courts have been investing increasingly systematic efforts in demystifying and curtailing racial profiling in policing. These judicial efforts have so far been focused on the application of the legal criteria for arrest and detention as well as their regulation under section 9 of the Canadian Charter of Rights and Freedoms. In this article, I contend that this unidimensional approach is unsound and outline a corrective path forward. First, I argue that the prevailing judicial understanding of what racial profiling is and how it affects the lawfulness of arrests and detentions has the paradoxical effect of undercutting the rule of law, the advancement of which is the very purpose of section 9. It chiefly does so by requiring an overbroad range of arrests and detentions to be declared unlawful. Second, I contend that the current approach also fails to address racial profiling for the core wrong that it constitutes—namely, wrongful discrimination on the ground of race, which section 15 of the Charter expressly prohibits. I make the case that addressing the phenomenon under this complementary paradigm would make it possible for courts to censure and remedy arrests and detentions tainted by it even when, for rule-of-law-related reasons, they should not be declared unlawful. Thus, it would offer courts the ability to thread a more careful and complementary remedial needle. Finally, I raise the possibility of a third paradigm—that of judicial stays of proceedings for abuses of process—to help address cases that the other two paradigms are ill-suited to redress
