Review of Chaumtoli Huq, Integrating a Racial Capitalism Framework into First-Year Contracts: A Pathway to Anticapitalist Lawyering (2022) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4052787
On 1 November 2021, McGill's Faculty of Law launched the McGill Business Law Meter, a blog for timely commentary and discussion of current developments in Canadian and transnational business law. Under the editorial leadership of the inaugural holder of the Professorship of Business Law, Peer Zumbansen, McGill Law students engage with hot button issues in corporate and securities, labour and commercial law, investment law, international economic law and private international law. The Meter welcomes feedback and commentary as well as submissions from guest writers. Guest submissions and inquiries should be sent to: peer.zumbansen [at] mcgill.ca
The latest in the Business Law Meter
8 Aug 2022
6 Jul 2022
The U.S. Supreme Court’s overturning of Roe v. Wade abolished the half-century long existing constitutional right to abortion and further raises significant challenges for women’s health and well-being as well as their data privacy. In an era where our every move and conditions are tradeable data, attention now turns to those technology companies which have not only been collecting but also selling highly personal data from women.
26 Jun 2022
For only the second time in history, Canada has qualified for the 2022 FIFA World Cup, hosted by Qatar in November later this year. However, scores of reports detailing human rights abuses suffered by migrant workers essential to the momentous event have led many to question whether a boycott is warranted. In an absence of formal legal recourse and limitations to FIFA’s liability as a non-state and non-business entity, normative approaches may be the only option to hold those at fault accountable.
16 Jun 2022
The use of artificial intelligence (“AI”) across sectors of society has become increasingly ubiquitous. The ubiquity of AI calls into question the ethical implications of its far-reaching use and how jurists can prepare themselves in an AI-driven world. The answer to educating future jurists about the challenges AI poses can potentially be found in law schools. However, many law schools do not yet meaningfully integrate AI in their curricula.
30 May 2022
As the 21st century began, the emigration of Canadian lawyers to the United States was seen as a crisis within the Canadian legal profession. Today, it is accepted as a fact of life. Yet, trends in that migration pattern have never been publicly quantified. Using data from the New York State Bar Association, LinkedIn, interviews, and archival sources, I studied the history of Canadian-trained lawyers in New York, the primary American jurisdiction of legal practice for Canadians. As I show, once opportunities opened for Canadian law students to practice in large New York law firms, their emigration largely became a function of the business cycle.
Concerns about Canadian lawyers emigrating to large American law firms returned amid 2021’s white hot market, but these concerns paled in comparison to the anxiety that the Canadian legal profession once felt about Canadian brain drain.
During a hiring boom in 2000, Professor Harry Arthurs wrote about the arrival of American legal employers at Canadian law schools and the moral panic that ensued over the loss of Canada’s “best and brightest.” Since then, American recruitment of Canadian lawyers has continued, but studies of that recruitment have not. To understand how the American recruitment of Canadian lawyers emerged and evolved, I examined the history of Canadians practicing in New York. This blog post briefly summarizes some of my findings.
17 May 2022
Over the past 17 years, the World Bank’s Doing Business (DB) index has evolved to be the most cited benchmark for evaluating the regulatory environment of small businesses around the world. Recently, the World Bank acknowledged “data irregularities” in audit reports and suspended its 2021 publication. The external panel specifically identified irregularities in the indicators regarding the judiciary’s role in contract enforcement and those which suggest the need for law reform. This author argues that rankings of favourable business climates must be independently scrutinized, especially where the indices extend to the role of the local judiciary.
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