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The Economics Of Canadian National Railway V. Norsk Pacific Steamship (The Jervis Crown), David S. Cohen
The Economics Of Canadian National Railway V. Norsk Pacific Steamship (The Jervis Crown), David S. Cohen
Elisabeth Haub School of Law Faculty Publications
Economic analysis of legal doctrine assumes, indeed its relevance largely depends upon the assumption, that judicial decisions will have an instrumental impact on the future behaviour of firms and individuals who are not themselves parties to the litigation which resulted in the specific doctrinal development being analysed. In other words, economic analysis assumes that the decisions of courts - and particularly, for what should be obvious reasons, the decisions of the Supreme Court of Canada - have a direct influence upon the manner in which non-litigants will choose to order their affairs following that decision. Thus, the focus of a …
The Internal Trade Agreement: Furthering The Canadian Economic Disunion?, David S. Cohen
The Internal Trade Agreement: Furthering The Canadian Economic Disunion?, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
The premise of this article on the current status of the Canadian economic union and the meaning of the Internal Trade Agreement (the "Agreement") on that union, is that the union describes the economic relations among individual Canadians. The union is not comprised of the interconnections among political jurisdictions. The Canadian economic union, when conceived as the product of the relations between individual Canadians, is the market. We have decided that our material well-being as individuals and as a community is best served by decentralizing economic power and thereby permitting individuals, whether alone or in groups, to act relatively autonomously …