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Articles 1 - 12 of 12
Full-Text Articles in Law
Millennials In Crisis: Myth-Busting Millennial Debt Narratives, Stephanie Ben-Ishai, Tanner Stanley
Millennials In Crisis: Myth-Busting Millennial Debt Narratives, Stephanie Ben-Ishai, Tanner Stanley
Osgoode Hall Law Journal
Intense pop-cultural commentary on millennial finances and indebtedness perpetuates two conflicting narratives. One suggests that millennials are doomed and face higher debt levels than earlier generations, compounded by rising tuition costs, a lack of affordable housing, high costs of living, and an increasingly competitive job market. The contrary “millennial bootstrapping” narrative denies that millennials are more financially challenged than previous generations and argues that millennials need to pull themselves up their proverbial bootstraps and improve their work ethic to secure financial success. This article fact-checks these two narratives and fills a significant gap in the Canadian academic literature on the …
Markets And Sovereignty, Joseph Blocher, Mitu Gulati
Markets And Sovereignty, Joseph Blocher, Mitu Gulati
Osgoode Hall Law Journal
The past few decades have witnessed the growth of an exciting debate in the legal academy about the tensions between economic pressures to commodify and philosophical commitments to the market inalienability of certain items. Sex, organs, babies, and college athletics are among the many topics that have received attention. The debates often have proceeded, however, as if they involve markets on one side and the state on the other, with the relevant question being the ways in which the latter can or should try to facilitate, restrict, or rely on the former. In this article, we approach the relationship between …
Corruption And Development: The Need For International Investigations With A Multijurisdictional Approach Involving Multilateral Development Banks And National Authorities, Juan G. Ronderos, Michelle Ratpan, Andrea Osorio Rincon
Corruption And Development: The Need For International Investigations With A Multijurisdictional Approach Involving Multilateral Development Banks And National Authorities, Juan G. Ronderos, Michelle Ratpan, Andrea Osorio Rincon
Osgoode Hall Law Journal
We argue that while Multilateral Development Banks (“MDBs”) and national governments have mechanisms to fight corruption, the objectives and outcomes of these enforcement mechanisms diverge. MDBs are interested in the causes and effects of corruption from a development perspective and, as such, tend to sanction small and medium enterprises and individuals, while national governments are focused on a more punitive outcome, targeting larger multinational corporations. This article examines the enforcement objectives articulated in national legislation, namely the US Foreign and Corrupt Practices Act and its Canadian counterpart, the Corruption of Foreign Public Officials Act, as well as several Canadian cases, …
Sentencing The Criminal Corproation, Poonam Puri
Sentencing The Criminal Corproation, Poonam Puri
Osgoode Hall Law Journal
This article contributes to the debate on mandatory minimum sentences by analzing them in the context of the corporation as criminal and by employing a law and economics methodology. While the rational economic actor model maybe unrealistic when applied to individuals committing blue-collar crimes, it is a much more useful tool to describe the behaviour of criminal corporations that respond more directly to economic incentives. The article concludes that the mandatory fine for a corporation found guilty of a criminal offence should, at a minimum, equal the expected loss caused or profit gained from the wrongdoing.
The Rise Of Balanced Budget Laws In Canada: Legislating Fiscal (Ir)Responsibility, Lisa C. Philipps
The Rise Of Balanced Budget Laws In Canada: Legislating Fiscal (Ir)Responsibility, Lisa C. Philipps
Osgoode Hall Law Journal
Virtually unknown in Canada before the 1990s, balanced budget legislation has suddenly become popular across the country. The author examines the wide diversity of mechanisms being used to limit state fiscal powers, including spending caps, anti-deficit rules, and tax referenda. Evaluating these measures, the author raises concerns about the impact of balanced budget laws on economic stability, social justice, and political democracy. She warns against discounting either their instrumental effects or their power to shape public finance discourse. Though some provinces have adopted less severe versions, the author concludes that these efforts only partially mitigate the dangers of balanced budget …
Sovereignty, Economic Integration, And The World Trade Organization, Susan Hainsworth
Sovereignty, Economic Integration, And The World Trade Organization, Susan Hainsworth
Osgoode Hall Law Journal
Economic integration is altering the role of the state and the concept of sovereignty in international law. Intensifying economic interdependence has rendered sovereignty almost meaningless for an isolated state. However, the transfer and pooling of sovereignty in a jointly designed and mutually acceptable legalistic international institution allows state interests to be both respected and represented at the international level. After addressing the European Union model for managing advanced economic integration, the paper examines the extent to which the legal and institutional attributes of the new World Trade Organization represents a move towards a more legalistic international trade order, entailing a …
The Economic Structure Of The Firm, Robert Flannigan
The Economic Structure Of The Firm, Robert Flannigan
Osgoode Hall Law Journal
Considerable effort has been channelled into theoretical investigations of the structure of the firm over the past several years. Most of the new work has been produced by economists. Lawyers have been content simply to draw upon the economic arguments, often in an uncritical way. The author examines the various economic models and identifies their shared dependence on the significance of an actors' control over the employment of assets. The control proposition is then further developed in the course of the construction of a general model focussing on the production unit.
Getting The Political Architecture Right, Richard Cullen, Peter Hanks
Getting The Political Architecture Right, Richard Cullen, Peter Hanks
Osgoode Hall Law Journal
As Australia approaches the twenty-first century, it finds itself, like a number of other Anglo-centred countries in the western world, including Canada, in the grip of continuing economic trauma. There has been a marked relative (and absolute) slip in general economic performance. This paper focuses on the linkages between this phenomenon and Australia's basic political architecture. It argues that, although renovation of Australian federalism is no panacea for these problems, there are linkages between Australia's aged, formal, political structure and its recent economic performance. Lack of attention to the task of serious, systematic renovation is allowing the present outdated political …
Social Security, Taxation Law, And Redistribution: Directions For Reform, Alison Mcclelland, Rick Krever
Social Security, Taxation Law, And Redistribution: Directions For Reform, Alison Mcclelland, Rick Krever
Osgoode Hall Law Journal
While it is now generally accepted that some redistribution of economic power is a legitimate goal of government, there is no consensus as to the type of redistribution that should be pursued. In the absence of a clear redistributive goal, it is impossible to evaluate critically current law, or make recommendations. for change. In the first part of this article, we examine alternative models of redistribution and advocate a preferred model, namely, redistribution to promote equality of opportunity and to recognize periods of vulnerability. We then evaluate the operation of Australian social security law and taxation law in light of …
Judicial Choice And Disparities Between Measures Of Economic Values, David Cohen, Jack L. Knetsch
Judicial Choice And Disparities Between Measures Of Economic Values, David Cohen, Jack L. Knetsch
Osgoode Hall Law Journal
An important idea, which characterizes law in society, is a reluctance to move from the status quo. In general, one can argue that legal institutions and legal doctrine are not engaged in the redistribution of wealth from one party to another. This paper explores a possible explanation for that principle. The authors' research suggests that, across a wide range of entitlements and in a variety of contexts, individuals value losses more than foregone gains. The paper argues, as a matter of efficiency, that law and social policy might have developed in a manner consistent with this valuation disparity. Furthermore, this …
The Politics Of Common Law In Theory And History, Ian Duncanson
The Politics Of Common Law In Theory And History, Ian Duncanson
Osgoode Hall Law Journal
This paper is concerned with the theme of law as an outsider, in theory and practice, and with its appearance as the cohesive force which intervenes to make social order possible. In the first part of the paper I look at two legal theories and at two examples of what I take to be liberal historiography. In the second part I discuss the English common law, and the implications of its close association with agrarian capitalism and City of London finance.
Models Of Market Behaviour And Competition Law: Exclusive Dealing, Marilyn Maccrimmon, Asha Sadanand
Models Of Market Behaviour And Competition Law: Exclusive Dealing, Marilyn Maccrimmon, Asha Sadanand
Osgoode Hall Law Journal
The paper arose out of the authors' belief that economic principles should, and probably will, play a larger role in the decisions of the new Competition Tribunal. The objective of the paper is to clarify some of the underlying assumptions and choices implicit in the regulation of competitive behaviour by examining the literature on economic analysis of market behaviour written by both economists and lawyers. The authors are especially concerned with the recent emphasis on strategic behaviour and its contrast to the Chicago school approach which recommends less interference with market behaviour. They examine the differences between the assumptions of …