Jim Tory Law and Economics Public Lecture: Robert Ellickson, “When Civil Society Uses an Iron Fist"

JIM TORY LAW AND ECONOMICS
PUBLIC LECTURE 

“When Civil Society Uses an Iron Fist:
The Roles of Private Associations in Rulemaking and Adjudication” 

by 

Robert Ellickson
Walter E. Meyer Professor Emeritus of Property and Urban Law and
Professorial Lecturer in Law
Yale Law School 

Friday, September 23, 2016
1:15 – 2:15
Room J140, Jackman Law Building
78 Queen’s Park

 

Nadia C. S. Lambek

SJD Candidate
Thesis title:
Law, Resistance and the (Re)Making of the Rural
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5
Email: nadia.lambek@mail.utoronto.ca

Nadia Lambek is a Doctor of Juridical Science (SJD) candidate at the University of Toronto, and a human rights lawyer, researcher and advocate focused on food system transitions and the rights of working people.  Her current research explores how the law and legal claims are framed by transnational agrarian movements and how law can (and cannot) be mobilized in the pursuit of more equitable, just and sustainable food systems.  In particular, she looks at claims for the right to food sovereignty and peasants' rights, and the possibility and limitations of institutionalizing these emerging rights in domestic and international fora.  She is also interested in questions of workers' rights and the governance of food systems more broadly.

Nadia is a Non-Residential Fellow at the Institute for Global Law and Policy (Harvard Law School) and a Chancellor Jackman Graduate Fellow at the Jackman Humanities Institute (University of Toronto).  She is also adjunct faculty at Vermont Law School where she teaches courses on global food security governance.  In fall 2019, she hosted the 4th Canadian Food Law and Policy conference at the University of Toronto.  She is a founding member of the Canadian Association for Food Law and Policy.  She regularly collaborates with civil society organizations on issues of food system governance, including working with the Civil Society and Indigenous Peoples’ Mechanism to the UN Committee on World Food Security on a 2018 report monitoring realization of the right to food and helping to facilitate civil society youth engagement in the Committee.

Before beginning her SJD, Nadia practiced law, focusing on the promotion and protection of workers' rights, union-side labour law, and human rights.  She also worked in a research and advocacy capacity on issues relating to food systems transitions, including serving as an advisor to former United Nations Special Rapporteur on the right to food, Olivier De Schutter and collaborating with a number of organizations, including Food Secure Canada, FIAN International, Oxfam (Bangladesh), the Global Network on the Right to Food and Nutrition, and Canada Without Poverty.  Nadia is a former clerk of the Ontario Court of Appeal and served as co-Editor-and-Chief of the Yale Human Rights and Development Law Journal.

Education
BA, Brown University (2006)
JD, Yale Law School (2010)
Awards and Distinctions
SSHRC Impact Talent Award, Finalist (2019)
Ontario Graduate Scholarship (2019-2021)
Michael Smith Foreign Study Supplement, SSHRC (2019)
SSHRC Connection Grant (2019) (collaborator)
SSHRC Connection Grant (2017) (collaborator)
Dean’s Graduate Student Leadership Award, University of Toronto Faculty of Law (2017)
John Peter Humphreys Fellowship, Canadian Council on International Law (2017-2018)
Canada Graduate Doctoral Scholarship to Honour Nelson Mandela, SSHRC (2016-2019)
Doctoral Fellowship, University of Toronto Faculty of Law (2016-2019)
The Robina Foundation Human Rights Fellowship, Yale Law School (2011-2012)
Ambrose Gherini Prize, Yale Law School (2010)
Francis Wayland Prize, Yale Law School (2010)
Kirby Simon Human Rights Fellowship, Yale Law School (2008, 2009)
Phi Beta Kappa, Brown University (2006)
William Gaston Prize, Brown University (2006)
Professional Affiliations
Ontario Bar
New York Bar
Selected Publications

Books

Rethinking Food Systems: Structural Challenges, New Strategies and the Law (eds. N. Lambek, P. Claeys, A. Wong & L. Brilmayer, Springer, 2014)

Journal Articles

Nadia Lambek, “The UN Committee on World Food Security’s Break from the Agricultural Productivity Trap”, Transnational Legal Theory (2019)

Sarah Berger Richardson & Nadia Lambek, "Federalism and Fragmentation: Addressing the Possibilities of a Food Policy For Canada", 5(3) Canadian Journal of Food Studies 28 (2018)

Nadia Lambek, "A Transformational Potential: The Right to Food’s Contribution to Addressing Malnutrition", 43 UNSCN News 75 (2018)

Nadia Lambek & Priscilla Claeys, "Institutionalizing a Fully Realized Right to Food: Progress, Limitations and Lessons Learned From Emerging Alternative Policy Models," 40(4) Vermont Law Review 743 (2016)

Stephen Moreau & Nadia Lambek, “The Record on Judicial Review: Federal Court”, 29(1) Canadian Journal of Administrative Law and Practice 71 (2016)

Shaun O’Brien, Nadia Lambek & Amanda Dale, “Accounting for Deprivation: The Intersection of Sections 7 and 15 of the Charter in the Context of Marginalized Groups”, 35 National Journal of Constitutional Law 153 (2016)

Nadia Lambek, “The Right to Food: Reflecting on the Past and Future Possibilities”, 2(2) Canadian Journal of Food Studies 68 (2015)

Freya Kristjanson & Nadia Lambek, “Applying the Charter in Everyday Administrative Decision-Making”, 26(3) Canadian Journal of Administrative Law and Practice 195 (2013)

Nadia Lambek, “Imposing IP Compliance: Trends in the USTR Special 301 Reports for India and China from 2000-2008”, The Indian Journal of Intellectual Property Law, Vol. 2 (2009) 129-153

Chapters in Books

Jessica Duncan, Nadia Lambek & Priscilla Claeys, “The Committee on World Food Security: Politics Under Threat”, in Un monde sans faim? Gouverner la sécurité alimentaire au 21e siècle (Delphine Thivet and Antoine de Raymond, eds., forthcoming 2020)

Nadia Lambek, “Social Justice and the Food System”, in Canadian Food Law and Policy (eds. McLeod-Kilmurray, H., et. al., 2019)

Claire Debucquois & Nadia Lambek, “Extraterritorial Obligations of States and the Right to Food”, in Justice Beyond Borders: The Extraterritorial Reach of African Human Rights Instruments (eds. L. Chenwi & T. Bulto, Intersentia, 2018)

Nadia Lambek & Claire Debucquois, “National Courts and the Right to Food”, in Encyclopedia of Food and Agricultural Ethics (eds. Thompson, P.B., et al., Springer, 2014)

Nadia Lambek, “Respecting and Protecting the Right to Food: When States Must Get Out of the Kitchen”, in Rethinking Food Systems: Structural Challenges, New Strategies and the Law (eds. N. Lambek et al., Springer 2014)

Priscilla Claeys & Nadia Lambek, “In Search of Better Options: Food Sovereignty, the Right to Food and Legal Tools for Transforming Food Systems”, in Rethinking Food Systems: Structural Challenges, New Strategies and the Law (eds. N. Lambek et al., Springer 2014)

Reports and Submissions

“Civil Society Report on the Use and Implementation of the Right to Food Guidelines”, for the Global Network on the Right to Food and Nutrition and the Civil Society Mechanism to the Committee on World Food Security (to be presented at the 45th meeting of the UN Committee on World Food Security, 2018) (lead author)

“Meeting Canada’s Human Rights Obligations: Integrating the Right to Food into the National Food Policy”, submitted to Agriculture and Agro-Food Canada as part of the consultation process for the first national food policy (2017) (lead author) (co-signed by Food Secure Canada, Amnesty International, Canada Without Poverty and others)

Nadia Lambek,"Farm Workers in Ontario: How the Law Creates Insecurity for Agricultural Workers and the Importance of Building Democracy through the Food System", in Ecological Farm Internships: Modes, Experiences and Justice (C. Levkoe and M. Ekers, eds., 2017)

“10 Years of the Right to Adequate Food Guidelines: Progress, Obstacles and the Way Ahead” (Global Network on the Right to Food and Nutrition: 2014) (presented at the UN Committee on World Food Security) (lead author)

Priscilla Claeys & Nadia Lambek, “Creating an Environment for a Fully Realized Right to Food: Progress, Challenges and Emerging Alternative Models: A Ten-Year Retrospective on Voluntary Guidelines 1-6”, (Global Network on the Right to Food and Nutrition: 2014)

Research Interests
Administrative Law
Charter of Rights
Critical Legal Theory
International Law
Labour Law
Law and Globalization
Law and International Development
Supervisor
Kerry Rittich
Committee Members
Jutta Brunnée
Sally Engle Merry, Silver Professor of Anthropology, NYU College of Arts and Sciences
External links
Academia.edu

Matthew Marinett

SJD Candidate
Thesis title:
Corporate Responsibility and Accountability in Internet Content Governance
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5
Email: matthew.marinett@utoronto.ca

Matthew is a doctoral candidate in law at the University of Toronto and an Assistant Professor at the Ted Rogers School of Management (Law & Business) at Toronto Metropolitan University. He is also a Joseph-Armand Bombardier scholar and a Graduate Fellow of the Schwartz Reisman Institute for Technology and Society. His broader research examines the rule of law implications of the corporate control and governance of technology, especially with respect to copyright, privacy, and freedom of expression. His work has appeared in the UBC Law Review, the Alberta Law Review, the Internet Policy Review, and the Intellectual Property Journal.

Matthew's doctoral project examines the manner in which internet corporations create rules and make rights-affecting decisions with worldwide impact and minimal public accountability. Specifically, it explores the applicability of standards of human rights and global administrative law to internet corporations engaged in content governance: a difficult prospect given the numerous forms content governance takes, the extant interaction between states and internet intermediaries, the human rights implications, and the transnational nature of the internet. Nonetheless, the project examines what such an inherently flexible standard might look like.

Prior to pursuing an academic path, Matthew was most recently an associate at Gowling Lafleur Henderson (now Gowling WLG) in the Intellectual Property department. He worked primarily within the Entertainment Law Group and the Advertising, Marketing and Regulatory Affairs Group. Prior to joining Gowlings, he volunteered his time at Advocates for Injured Workers, a legal clinic that assisted low-income clients who had been injured in the course of their employment to obtain workers' compensation benefits.

Matthew has previously served as an Adjunct Faculty member at Osgoode Hall Law School and at the University of Toronto Faculty of Law.

Education
SJD Candidate - Present
LLM - 2016 - University of Toronto Faculty of Law
JD - 2012 - University of Toronto Faculty of Law
Honours BSc Planetary Science - 2008 - University of Western Ontario
Awards and Distinctions
Ontario Graduate Scholarship (2021-2022)
Schwartz Reisman Institute for Technology and Society Graduate Fellow (2020-2021)
CIGI International Law Research Program SJD Scholarship (2019-2021)
Joseph-Armand Bombardier CGS Doctoral Scholarship (2018-2021)
Doctoral Fellowship in Innovation Law and Policy (2016-2018)
University of Toronto Doctoral Fellowship (2016-2018)
Masters Fellowship in Innovation Law and Policy (2015-2016)
Gerald Flaherty Prize in Entertainment Law (2010)
Western Scholarship of Excellence
Professional Affiliations
Law Society of Upper Canada
Canadian Bar Association
Selected Publications

Matthew Marinett, “The New Frontier of Platform Policy” (2021) 10:3 Internet Policy Review.

Matthew Marinett, “The Race to the Bottom: Comity and Cooperation in Global Internet Takedown Orders” (2020) 53:2 UBC L Rev 464. .

Matthew Marinett, “Protecting Individual Self-Interest in Aggregate as the Basis of Fairness in Contract” (2018) 55:3 Alberta Law Review 703.

Matthew Marinett, “The Alienation of Economic Rights and the Case for Stickier Copyright” (2017) 30:1 Intellectual Property Journal 125.

Matthew Marinett, “Copyright and innovation” (5 July 2017) Policy Options.

Brenda Pritchard & Matthew Marinett, “Political Advertising and Freedom of Expression” in Brenda Pritchard & Susan Vogt, eds, Advertising and Marketing Law in Canada, 5th ed (Markham: LexisNexis Canada, 2015).

Curriculum Vitae
Research Interests
Administrative Law
Business Law
Charter of Rights
Competition Law
Contracts
Economic Analysis of Law
Intellectual Property Law
Judicial Decision-Making
Privacy Law
Private International Law
Property Law
Supervisor
Ariel Katz
Committee Members
Lisa Austin

Prof. David Schneiderman authors "A CETA investment court is not the solution"

Tuesday, March 8, 2016

Prof. David Schneiderman wrote an oped in the Globe and Mail analyzing why an investment court for a comprehensive economic and trade agreement (CETA) is not the way to proceed, even though there are some advantages to the system. He argues "as long as a broad set of rights are conferred upon foreign investors and their interpretation is left to a cadre of investment-law personnel, the regime will remain flawed. It certainly is not worth saving by way of a new investment court."

"Public Law for the Twenty-First Century" - a special edition of the U of T Law Journal

Thursday, February 25, 2016

The latest edition of the University of Toronto Law Journal is a special symposium issue on the theme of "Public Law for the Twenty-First Century," edited by Prof. David Dyzenhaus.

Penalties that do not Punish: Administrative Monetary Penalties Under the Canadian Anti Spam Legislation

Kenneth Jull
Friday, May 29, 2015

University of Toronto philosophy professor Joseph Heath argues for a reinstatement of rationality in social and political discourse in his new book, Enlightenment 2.0.[1]   This book provides modern examples of statements by politicians that are not based on proper factual or logical foundations.

We could use some rational logic  in the world of administrative monetary penalties. The new Canadian Anti Spam Law, (CASL)[2] is enforced by a  maximum administrative  penalty (AMP) of $1,000,000 in the case of an individual, and $10,000,000 in the case of any other person.  AMPs defy logic in two significant ways. 

First, CASL states explicitly under the heading of "Administrative Monetary Penalties",  "Violations" and the "purpose of penalty" that  "the purpose of a penalty is to promote compliance with this Act and not to punish."[3]   .   The proposition that penalties do not punish not only defies logic  but also violates basic rule of the English language.  Penalty is defined as "A punishment imposed for breaking a law, rule, or contract."[4]  

Prof. Jeffrey MacIntosh writes series on new national securities regulator proposal

Friday, November 21, 2014

In a series of commentaries in the Financial Post, Prof. Jeffrey MacIntosh has analyzed the proposal for a national securities regulator put forward by the federal government and five provincial governments. Read the series on the Financial Post website:

SJD student Kyle Kirkup - "The legal inquiry into Justice Lori Douglas must end"

Wednesday, October 22, 2014

In a commentary in The Globe and Mail, SJD student and Trudeau Scholar Kyle Kirkup argues that a Canadian Judicial Council (CJC) investigation is targeting a victim of "revenge porn" and should be dropped ("The legal inquiry into Justice Lori Douglas must end," October 22, 2014).

Read the full article on The Globe and Mail website, or below.

Profs. Trebilcock and Iacobucci examine CRTC’s mandatory pick-and-pay proposal

Saturday, September 27, 2014

Profs. Michael Trebilcock and Edward Iacobucci, with lawyer Lawson Hunter, have written a commentary in the Financial Post arguing against the CRTC's proposal to require TV providers to provide "pick and pay" channel selection options for consumers ("CRTC’s mandatory pick-and-pay proposal deeply misguided," September 25, 2014). The article is based on a report prepared by the authors for the C.D.

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