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. Anita Anand founds Canadian Business Law Blog

Thursday, August 4, 2016

Prof. Anita Anand has initiated a new blog, the Canadian Business Law Blog, with the support of the University of Toronto Faculty of Law.

Prof. Anita Anand writes "One case, two commissions, several novel securities issues"

Monday, July 25, 2016

In a commentary in the Globe and Mail, Prof. Anita Anand analyzes a takeover bid case being heard simultaneously by the Ontario Securities Commission and British Columbia Securities Commission ("One case, two commissions, several novel securities issues," July 22, 2016).

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

 

Canadian Law and Economics Association Annual Meeting

THE 2015 MEETINGS OF
THE CANADIAN LAW AND ECONOMICS ASSOCIATION
Friday, September 23 – Saturday, September 24, 2016 

**************************** 

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

A Bailout won't Fix Bombardier's Biggest Problems - The National Post February 29, 2016

Anita Anand
Friday, April 1, 2016

Many alternatives regarding the way forward for troubled Bombardier Inc. have been proposed. The Quebec government has already committed $1.3 billion in aid and now some type of moral argument is being levelled at Ottawa to throw money into Bombardier’s cap also. This is a very bad idea from a governance perspective, as well as a taxpayer perspective.

Let’s be clear about Bombardier’s governance reality: The Bombardier/Beaudoin families hold almost 60 per cent of voting power in the corporation, despite holding an economic interest of just one-quarter of that figure. This is a dual-class-share firm that just isn’t flying.

A federal bailout would place a billion or more taxpayer dollars in the hands of family that is insulated from governance accountability because of the corporate structure that it has chosen. This insulation and lack of accountability have not been good for the company. Over the past five years, Bombardier’s stock price has declined more than 75 per cent. Why should Canadian taxpayers be on the hook for Bombardier’s poor corporate governance?

Prof. Anita Anand writes, "A bailout won’t fix Bombardier’s biggest problems" in Financial Post

Tuesday, March 1, 2016

In a commentary in the Financial Post, Prof. Anita Anand argues that a federal government bailout of Bombardier Inc. won't address the company's fundamental problems, family control and dual-class shares ("A bailout won’t fix Bombardier’s biggest problems: family control and dual-class shares," February 29, 2016).

Read the full commentary on the Financial Post website, or below.

Prof. Anita Anand writes "The success stories of dual-class shares miss an incontrovertible truth"

Tuesday, February 23, 2016

In a commentary in the Globe and Mail, Prof. Anita Anand, the new J.R. Kimber Chair in Investor Protection and Corporate Governance, argues for stricter regulation, if not an outright ban, on dual-class shares ("The success stories of dual-class shares miss an incontrovertible truth," February 22, 2016).

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

Prof. Tony Duggan delivers the Commercial Law Centre Lecture at the University of Oxford

Friday, October 30, 2015

Prof. Tony Duggan delivered the 4th Commercial Law Centre Lecture at the University of Oxford on Oct. 14, 2015. Prof. Duggan spoke on the subject of "Form and Substance in the Determination of Property Rights: Set-off, Flawed Assets and Security Interests in Cash Deposits." 

Professor Duggan's lecture concerned an issue which frequently vexes courts: whether a contract creates property rights, or merely personal rights.  The lecture focused on the decision of the Canadian Supreme Court in Caisse Populaire Desjardins de l'Est de Drummond v Canada [2009] SCC 29.

Prof. Anita Anand authors report on the use of "poison pills" in takeover bids

Thursday, October 29, 2015
Prof. Anita Anand

Proposed takeover rules will produce winners and losers and need rethinking, according to a new report by Prof. Anita Anand for the C.D. Howe Institute. In “The Future of Poison Pills in Canada: Are Takeover Bid Reforms Needed?,” Prof. Anand assesses the rules proposed by the Canadian Securities Administrators (CSA), and recommends a key change: do not implement the proposed 120-day bid period and retain the current 35 day period.

Time to prohibit dual class share structures?

Thursday, October 29, 2015

Centre for the Legal Profession roundtable discussed the advantages and disadvantages of DCS

By Sheldon Gordon

Do dual class share (DCS) structures need to be more strictly regulated in the interests of shareholder democracy—or even banned outright—by Canada's securities commissions?

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