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Comparative and Foreign Law

2017

University at Buffalo School of Law

Articles 1 - 7 of 7

Full-Text Articles in Law

Canadian Federalism In Design And Practice: The Mechanics Of A Permanently Provisional Constitution, James A. Gardner Dec 2017

Canadian Federalism In Design And Practice: The Mechanics Of A Permanently Provisional Constitution, James A. Gardner

Journal Articles

This paper examines the interaction between constitutional design and practice through a case study of Canadian federalism. Focusing on the federal architecture of the Canadian Constitution, the paper examines how subnational units in Canada actually compete with the central government, emphasizing the concrete strategies and tactics they most commonly employ to get their way in confrontations with central authority. The evidence affirms that constitutional design and structure make an important difference in the tactics and tools available to subnational units in a federal system, but that design is not fully constraining: there is considerable evidence of extraconstitutional innovation and improvisation …


Two Examples Of “Quasi-Constitutional Amendments” From The Italian Constitutional Evolution—A Response To Richard Albert, Nicola Lupo Dec 2017

Two Examples Of “Quasi-Constitutional Amendments” From The Italian Constitutional Evolution—A Response To Richard Albert, Nicola Lupo

Buffalo Law Review

In response to Richard Albert’s Quasi-Constitutional Amendments, 65 BUFF. L. REV. 739 (2017).


Informal Constitutional Change, Oran Doyle Dec 2017

Informal Constitutional Change, Oran Doyle

Buffalo Law Review

In response to Richard Albert’s Quasi-Constitutional Amendments, 65 BUFF. L. REV. 739 (2017).


Respecting The Mystery Of Constitutional Change, Jonathan L. Marshfield Dec 2017

Respecting The Mystery Of Constitutional Change, Jonathan L. Marshfield

Buffalo Law Review

In response to Richard Albert’s Quasi-Constitutional Amendments, 65 BUFF. L. REV. 739 (2017).


Quasi-Constitutional Change Without Intent—A Response To Richard Albert, Reijer Passchier Dec 2017

Quasi-Constitutional Change Without Intent—A Response To Richard Albert, Reijer Passchier

Buffalo Law Review

In response to Richard Albert’s Quasi-Constitutional Amendments, 65 BUFF. L. REV. 739 (2017).


Quasi-Constitutional Amendments, Richard Albert Aug 2017

Quasi-Constitutional Amendments, Richard Albert

Buffalo Law Review

No abstract provided.


You’Re It! Tag Jurisdiction Over Corporations In Canada, Tanya J. Monestier Jan 2017

You’Re It! Tag Jurisdiction Over Corporations In Canada, Tanya J. Monestier

Journal Articles

In September 2015, the Supreme Court of Canada released its decision in Chevron v. Yaiguaje, a case that legal commentators had been keeping an eye on for years. The Chevron case has spanned several decades as well as several continents, and the enforcement action in Ontario was the latest in a series of procedural moves aimed at enforcing a nearly $10 billion Ecuadorian judgment against the oil giant. In Chevron, the plaintiffs sought to have the judgment enforced in Ontario against both Chevron (the judgment debtor) and Chevron Canada (a seventh-level indirect subsidiary of the judgment debtor). The Chevron case …