Toronto homecoming for renowned law and economics scholar: Meet new faculty member Professor Gillian Hadfield

Wednesday, August 15, 2018
photo of Gillian Hadfield

Global authority on the intersection between law and technology returns to Canada to join a vibrant and thriving powerhouse for AI research and legal tech

By Sheldon Gordon

Gillian Hadfield, a leading scholar and advocate for legal reform and redesign, is the latest pioneering academic to be drawn by Toronto’s growing reputation as an advanced technology hub.

Rory Gillis

SJD Candidate
Thesis title:
Federalism and Vertical Tax Competition
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5

Rory Gillis is a doctoral candidate at the University of Toronto Faculty of Law, where he is a Joseph-Armand Bombardier Canada Graduate Scholar (SSHRC) and an Arthur Scace Fellow in Tax Law. His research interests include taxation, constitutional law, and contract law.

A native of Nova Scotia, Rory received his BA and JD from Yale University.  At Yale, he was a Senior Editor of the Yale Law Journal, an Olin Fellow in Law and Economics and a Coker Fellow in Contract Law. Following law school, Rory served as a law clerk to Justice Morris Fish of the Supreme Court of Canada and practiced civil litigation at a leading Toronto law firm.  

Rory is currently the Managing Editor of the University of Toronto Law Journal and an adjunct professor in the University of Toronto’s Global Professional Masters of Law Program. 

 

Education
JD, Yale Law School, 2010
BA (Ethics, Politics and Economics), Yale University, 2006 (summa cum laude with distinction in major)
Awards and Distinctions
Ontario Graduate Scholarship, 2019-2020
Centre for International Governance Innovation Doctoral Scholarship, 2018-2020
Joseph-Armand Bombardier Canada Graduate Scholarship (SSHRC), 2016-2019
Arthur Scace Fellowship in Tax Law, 2016
Professional Affiliations
Member, Law Society of Ontario
Selected Publications
  • "Carbon Tax Shifts and the Revenue-Neutrality Dilemma" (2019) 23 Florida Tax Review (forthcoming)
  • "Contracting for Tax Room: The Law and Political Economy of Tax Point Transfers" (2019) 67 Canadian Tax Journal (forthcoming)
Research Interests
Canadian Constitutional Law
Contracts
Economic Analysis of Law
International Law
Tax Law
Supervisor
Committee Members
Michael Smart, Economics

John (or Jack) Enman-Beech

SJD Candidate
Thesis title:
Contract Life
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5

I explore the applications of critical feminist legal and economic theory to contract law, seeking pragmatic openings for applied theory within the bounds of the abstract liberalism that continues to structure private law discourse. My current project considers the conceptual and historical progression from general contract law to its sub-fields: employment, consumer protection, tenancy, et c. I argue that these fields should not be understood as contractual at all.

Published in the Dalhousie Law Journal, Supreme Court Law Review, Canadian Business Law Journal, Journal of Commonwealth Law, and the Journal of Law and Equality. I received a scholarship and fellowship for my LL.M. which applied relational theory to the penalty doctrine in contract law, and specifically questioned the public-private split that that doctrine seems to imply. Other things I do and have done include research assistantships, teaching assistantships, teaching non-assistantships, journal editing, peer review, conference and workshop presentations and participation, committeeships, Chairing the UTGSU's Board of Appeal, and poverty law, as well as previous publication and research work in computational geophysics.

 

Writing

Please contact me to read or discuss any of the following. Several are available on my SSRN page.

"Unconscionable Inaccess to Justice", forthcoming in the Supreme Court Law Review, presented at the 2019 Canadian Law of Obligations conference, Fredericton
(formulating a test for the application of unconscionability to access clauses, those clauses that control a party's access to an adjudicative procedure)

"The Good Faith Challenge", (2019) 1 Journal of Commonwealth Law 35, presented at the Université de Montréal Common Law Group's 2018 Symposium: Good Faith in Contract
(responses to good faith in contract come in three flavours: avoidance, containment, embrace; these same flavours and the same arguments in their support arise across time and space in response to widely varying policy suggestions under the label "good faith")

"Private Contracts, Public Conventions", presented at 2018 Private Law Junior Scholars' Conference, Toronto
(arguing that contract law serves as a conventionalizing force that binds "stronger" and "weaker" parties alike to present modes of social ordering)

"Stuck: Path Dependence and Welfare Justifications of Contract"
(the costliness of changing investments results in path dependence in competitive markets; the plausibility of comparably inefficient and/or distributively undesireable paths means that we cannot generally be confident that contract will be welfare-enhancing)

"When Is a Contract Not a Contract?: Douez v Facebook Inc. and Boilerplate", (2018) 60:3 Canadian Business Law Journal 428
(reading the eponymic decision as a first step towards a common law response to the problems of boilerplate so far unaddressed by our courts)

"Good Faith Between Public and Private", (2018) 84 Supreme Court Law Review 2d 353, presented at 2017 Canadian Law of Obligations Conference at the Allard School of Law, UBC
(canvassing previous attempts to understand good faith; concluding that the best understanding of the new organizing principle of good faith in the Canadian common law of contract is as a relational rejection of the public-private divide)

"Connexion: A Note on Praxis for Animal Advocates", (2017) 40:2 Dalhousie Law Journal 545, presented at the Jackman Humanities Institute Working Group, Animals in the Law and Humanities in 2017, and at the 2017 Osgoode GLSA Conference
(panning recent political theories of animals for insight into effective legal reforms for animal advocates; arguing that among other concerns they should turn their minds to the connexion or disconnexion that legal reforms can create between humans and animals)

"The Subjects of Bhasin: Good Faith and Relational Theory" (2017) 13 Journal of Law and Equality 1
(the Bhasin case destabilizes the hegemonic vision of the contractual subject; the new principle of good faith enacts a more relational vision)

"Can Animals Contract?" presented at the Animals in the Law and Humanities Working Group in 2018
(the titular question is not as obvious as it seems; attending to the ways in which animals can and cannot contract suggests that critical contract scholars and animal advocates share common conceptual cause against a contract-based market liberalism)

"The Contractual Construction of Polyamory", presented at the 2018 Law & Society Association Annual Meeting and the UofT LGBTQ+ Workshop in 2017
(observing that contractualist concepts already pervade polyamorous communities; noting issues that will arise if the legal recognition of polyamorous relationships takes a contractual form following feminist debate about contract as a mode of ordering personal relationships)

"The Penalty Doctrine in Canada"
(showing that the death of the penalty doctrine in Canadian contract law has been exaggerated; suggesting that a pragmatic framework can combine the relevant parts of existing attempts to explain the doctrine into a convincing whole)

Research Interests
Consumer Protection and Products Liability Law
Contracts
Critical Legal Theory
Economic Analysis of Law
Family Law
Feminist Analysis of Law
Labour Law
Legal Process
Legal Theory
Political Philosophy and Theory
Supervisor
Committee Members

Matthew Thomas Marinett

SJD Candidate
Thesis title:
The Legitimacy of Corporate Rulemaking and Adjudication
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5
Tel:
416 525 2227

Matthew is a doctoral candidate in law at the University of Toronto. His research examines the rule of law implications of the corporate control and adjudication of consumer rights, especially with respect to consumer copyright, privacy and freedom of expression. His doctoral project examines the manner in which Internet corporations such as Google, Amazon and Facebook create rules and make rights-affecting decisions with worldwide impact and minimal governmental oversight. His doctoral project questions whether these law-like rules are consistent with the rule of law and the democratic control of lawmaking power, and explores the possibility of holding corporations to standards of procedural fairness, public participation and the rule of law when regulating or adjudicating consumer rights. 

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 which assisted low-income clients who had been injured in the course of their employment obtain workers' compensation benefits.

He currently serves as treasurer of the Graduate Law Students Association, and is the graduate representative on the Mental Health Committee at the Faculty of Law. In his spare time, Matthew has published several short stories. 

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
CIGI International Law Research Program SJD Scholarship (2019)
Joseph-Armand Bombardier CGS Doctoral Scholarship (2018-2020)
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, “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).

Research Interests
Charter of Rights
Competition Law
Contracts
Economic Analysis of Law
Intellectual Property Law
Judicial Decision-Making
Legal Theory
Political Philosophy and Theory
Privacy Law
Property Law
Supervisor
Committee Members

Canadian Law and Economics Association Annual Meeting

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

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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

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