Friday, December 01, 2017
SSRN and the SCC: history in court
Posted by
Christopher Moore
I'm genuinely curious here: does a Top Ten rating at SSRN mean something? Or is it more like one of those "You have been selected for our Who's Who of Genuinely Fabulous People, and for just $500....? A paper of mine is currently top ten over the last 60 days in SSRN's Trade Policy category, and I'm not sure how much to gloat. (At least SSRN is not asking for money)
Probably not much. The popularity of the essay surely comes because the Comeau case has been pending at the Supreme Court of Canada, and pretty much every trade and constitutional lawyer in Canada is currently representing an intervening party. That must be driving some downloads!
Fellow blogger Andrew Smith reviewed the Comeau issue here yesterday at his blog, and takes note of various contributions to the debate, including his own and mine.
Andrew, who was an expert witness in the Comeau case, has the difficult task of defending the proposition, more or less, that the confederation makers were genuine ideological free traders and did not believe in federalism. As a result, he says, "There are many statements with which I disagree that appear in Christopher Moore’s paper." True dat!