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Real cases from the Supreme Court dealing with youth issues. Laws, as they relate to youth and youth issues, can be difficult to understand for those they are intended to serve. In the first book of the Understanding Canadian Law series, author Daniel J. Baum breaks down the Supreme Court of Canada’s decisions relating to youth in plain language intended for readers of all ages. Drawing on examples from recent Supreme Court rulings, Youth and the Law walks the reader through such controversial subjects as spanking, bullying, youth violence, and police in the schools. Each chapter contains prompts to encourage critical thinking. Youth and the Law is an objective introduction for all readers to better understand how law impacts the young.
To understand criminal law three balls must be juggled at the same time. This book will help you accomplish that feat: (1) You will learn something about criminal law itself, such as the elements of crime, the purposes of the criminal law, and the reasons for punishment. (2) You will understand the procedures developed for investigating crimes and arresting and convicting the wrongdoers. (3) You will learn about the system to administer criminal laws-a system that extends far beyond a single agency of government. This book will not make you an expert of criminal lay and procedure. But, it will inform you to help a s a citizen toe make decisions as to criminal justice policy that are required of all levels of government.
What remedy, if any should the law provide to a person who has suffered "wrongful" harm at the hands of another? Should the lay do nothing and leave things as they are? Should the burden of helping injured persons bear their financial losses be placed on their families? Should we place the responsibility for helping on the government? As an alternative to these possibilities, we might say that in some cases people who cause harm should be required to compensate for the losses by paying money to the persons they have harmed. The law of torts is made of a series of rules that tell us when a person who has harmed another must pay that person compensation.
The law places a high value on marriage and the family. That value is carried forward in defining marriage; setting conditions for the state to interfere with marriage; fixing the responsibilities of marriage and family; and detailing when a family may break up and setting ongoing responsibilities when that happens. But, there are limits to the law. For example, the religion of Luisa and Sam may require that they be married by a minister. It may also require that each make certain promises, one to the other. Whether Luisa and Sam do so, however, is a matter of conscience. The law will neither force them to have or stop them from having a religious wedding.
There is in the world today a quest for self-identification and an attack against the global corporation, globalization. The rationality of the attack is probed. This is done by focusing on the oldest and most powerful of the global corporations-the banks. Canada and Canadian banks with a focus on their role in the commonwealth Caribbean were chosen because it is like looking into a mirror within a mirror: Canada is a medium power. It is a capitalist nation. It has a history of economic nationalism. Yet, many of its major enterprises-save banking, are controlled by foreign businesses. At the same time, Canada's banks are, in many ways, dominant in areas such as the Commonwealth Caribbean where nationalism, even strident nationalism, often surface. This book probes the "Canadian response."
Except in certain broad areas, law has a limited role to play in shaping the behavior of that most important kind of business-financial institutions. Law can set certain standards for fair dealing in relation to investors and those who are served by financial institutions. But, when it comes to setting the parameters for the conduct of investment functions, the pressures of competition, the drive to attract investors and consumers very often gathers its own force which can blunt public policy. For Canadian financial institutions today the lines are indeed blurred between banks, life insurance companies, mutual funds and trust companies. But, then they were beginning to be blurred when this book was first written.
"Dr. Baum's report should provide helpful insights both for designers of national policy and for those who wish to bring about change at the community level," Rev. Theodore M Hedburgh, Chairman, The U.S. Commmission on Civil Rights, President, Notre Dame University. "Dr. Baum's accounting of a successful method of achieving that most elusive goal-a free choice housing market-is overwhelming in its simplicity, you want to ask yourself, 'Why didn't we do this long ago?' We didn't, and we haven't, but Professor Baum shows us that we can." C. Les Creum, Jr., Director, Indiana Civil Rights Commission.
""The Silent Partners" is in the tradition of such landmark volumes as Adolf A. Berle Jr.'s "Power Without Property" and Joseph A. Livingston's "The American Stockholder." It helps set in focus the public policy issues, as well as the economic and legal questions arising from a predominant fact in present-day business life-the shift in ownership of America's corporations from individuals to institutions. This fact is no less significant than the decline of family ownership . and the rise of the publicly owned corporation." Albert J. Kraus, "The New York Times"
When you buy something, do you bargain about the terms of sale? Is the only consumer choice to buy or not to buy? If sellers tend to treat all consumers alike, then is it possible that government can do a better job of protecting the consumer than consumers themselves can do? Today, consumer law consists of the common law and government regulation, both of which have changed with the passing years-and will continue to change as new consumer problems arise. Yet, there are certain values underlying consumer rights and responsibilities reflected in law. If we can identify these values, we often can tell the direction the law will take.
Government welfare benefits touch millions-from individuals to corporations, large and small. Here, Dr. Baum explores one aspect of government welfare, both Federal and state, aid to families with dependent children. The history of that program is set out. Some of the major issues continue to be raised.
When police are called in to investigate a crime, what powers and limitations apply to them? What are their rights to question strangers, search without warrants, or detain individuals who might become suspects? Crime Scene Investigations breaks down the Supreme Court's decisions on questions like these into clear and practical terms. Â Â Â Â Â Â Police need to be vigilant, since the line between a lawful search and an improper one can be dangerously thin, and officers can be held accountable for any wrongdoing, intentional or not. The controversy surrounding such techniques as "stop-and-frisk" sweeps and compulsory DNA testing underscores the importance of understanding the legal dimensions of police powers. Because interactions between law enforcement officers and civilians are often charged with complexities, Crime Scene Investigations provides a level-headed guide, indispensable for those on either side of an investigation.
This book explains our right to freedom of expression, its limits, and how Canadian courts draw the line. Freedom of expression is a fundamental right protected by the Charter of Rights and Freedoms, which is part of the Constitution of Canada and, as such, the highest law of the land. But it has limits. Peacefully picketing an abortion clinic, so long as patients can come and go, is a protected right, but shouting "Fire!" in a crowded theatre to cause a stampede is a criminal offence. Tied in with issues of free speech are questions such as whether justice delayed is justice denied. If it takes years to bring a matter to court — and especially to the Supreme Court of Canada — how can it be said that there has been a fair consideration of the issues to be decided? As well, must all important constitutional questions, such as freedom of expression, be decided by the courts? Or, is there another way to resolve such issues? How courts reach decisions in such cases is discussed in Freedom of Expression, an objective introduction for all readers to better understand how law and professional ethics impact those of us who would speak publicly as to issues of concern.
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