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Full-Text Articles in Law
Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
This paper explores the application of procedural fairness to the federal government’s Environmental Choice Program’s decision-making processes. While Canadian courts have traditionally required public bureaucrats to act “fairly” when implementing command models of regulation, they have only recently been confronted with demands that regulators implementing economic incentive programs also act in accordance with procedural fairness norms.
Judicial Choice And Disparities Between Measures Of Economic Values, David S. Cohen
Judicial Choice And Disparities Between Measures Of Economic Values, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
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 …
Of Persons And Property: The Politics Of Legal Taxonomy, David S. Cohen
Of Persons And Property: The Politics Of Legal Taxonomy, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
The essay falls into three major parts. In the first part, we explain and describe what we believe to be the core idea of law - that it represents a discursive and taxonomic economy which is used to give meaning to the world by creating a particular and partial reality. The concepts and language lawyers use, the way those media are deployed, the argumentative devices relied upon, and the values inculcated combine in conscious and unconscious ways to constitute law and a legal style of life. In part two, we tell two stories. One involves the Supreme Court's treatment of …
Suing The State, David S. Cohen
Suing The State, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
As one examines the ways in which we have chosen to respond to claims of individuals and firms to compensation from the federal administration, one is immediately struck by the rapid rate of growth in the number of claims and the magnitude of the compensation that has been sought in recent years. What is even more dramatic, however, is the shift in the focus of our attention away from low-level bureaucratic activity, and towards alleged administrative failures to ensure air traffic safety, combat international terrorism, regulate financial institutions, protect the interests of businesses in international trade negotiations, privatize the delivery …
Regulating Regulators: The Legal Environment Of The State, David S. Cohen
Regulating Regulators: The Legal Environment Of The State, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
In this paper I focus on the ability of tort law to reduce primary costs, or losses associated with the number and seriousness of accidents. In one sense I will be analysing the state as if it were a private firm in which losses suffered by private individuals and firms are externalities. Several years ago Mark Spitzer wrote a paper on this topic in which he posited several models of state activity and analysed the incentive effects of liability rules in each case. In my view Spitzer's general conclusion - the rule which may be synthesized from all of the …