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2018

Business Organizations Law

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Corporate Law Federalism In Historical Context: Comparing Canada And The United States, Camden Hutchison Jan 2018

Corporate Law Federalism In Historical Context: Comparing Canada And The United States, Camden Hutchison

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Although American and Canadian corporate law share many similarities, they are also marked by important institutional differences. Among the most notable are the differing roles of federal versus state/provincial policymaking in the two countries: While American corporate law has been deeply influenced by jurisdictional competition among the states, Canadian law has instead been shaped by federal legislative activity, as seen today in the standardizing influence of the Canada Business Corporations Act. These different institutional histories have led to distinct evolutionary paths, with important substantive consequences for contemporary corporate law. Despite considerable academic attention to the subject of corporate law federalism, …