Google v. Equustek: Unnecessarily Hard Cases Make Unnecessarily Bad Law

Google "G" LogoWhen lawyers say that hard cases make bad law, they usually mean that extreme or unusual circumstances provide poor basis for making legal rule that would have to be applicable to a wider range of more common cases. Sometimes the phrase describes cases that involve a party whose hardship draws sympathy even if its legal case is weak. But sometime hard cases can make good law, when they present smart judges with difficult dilemmas and force them to think hard and deep on their ruling and its broader consequences. Yet courts don't always choose the cases that come before them and the possibility of a hard case making bad law is an occupational hazard of the legal system.

CILP presents Mark McKenna

CILP presents

Professor Mark McKenna, Notre Dame Law School

Details TBA

Faculty, students, alumni from Structural Genomics Consortium Clinic author paper in Science Translational Magazine

Thursday, June 1, 2017

Faculty, students and alumni who worked in the Structural Genomics Consortium Clinic last year have authored a paper on trust agreements, now published in Science Translation Magazine. From the abstract:

"The core feature of trusts—holding property for the benefit of others—is well suited to constructing a research community that treats reagents as public goods."

Sixth Annual Patent Colloquium

Join us for the Sixth Annual University of Toronto Patent Colloquium!

Friday, November 3, 2017

9:00 am - 5:00 pm

Moot Court Room, Jackman Law Building

78 Queen's Park

See the Centre for Innovation Law and Policy website for details

Professor Lisa Austin receives Connaught Global Challenge Award for “Information Technology, Transparency and Transformation Lab”

Saturday, March 11, 2017

Prof. LIsa AustinIndividual lives are increasingly “datafied” and this information is collected, warehoused, analyzed and distributed across the globe on a massive scale. As individuals become more and more “transparent,” the technology that is driving this massive transformation becomes more and more opaque. This “transparency gap” is a problem for all stakeholders in the information age.

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

Matthew is an Assistant Professor at the Ted Rogers School of Management (Law & Business) at Toronto Metropolitan University. He recently defended his SJD dissertation at the University of Toronto Faculty of Law. During his doctoral studies, Matthew was 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 examined the manner in which internet corporations create rules and make rights-affecting decisions with worldwide impact and minimal public accountability. Specifically, it explored 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 examined what such an inherently flexible standard might look like.

Prior to pursuing an academic path, Matthew was 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 - 2024 - University of Toronto Faculty of Law
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).

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
Committee Members

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