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Bertolini, Daniele

Title:

Assistant Professor

Education:

LL.B, MA, LL.M., S.J.D., Ph.D

Office:

TRS3-101

Telephone:

416-979-5000 ext: 3606

Biography:

Daniele Bertolini

Assistant Professor

Daniele Bertolini is an Assistant Professor at the Law & Business Department, Ted Rogers School of Management. He joined the Ted Rogers School of Management in August 2015.

He received his law degree in 2001 from the University of Pavia in Italy. He has a Master in Tax Law from the University of Bologna, an LL.M. from the University of Illinois, an SJD from the University of Toronto and a PhD in Law, Economics and Institutions from the Institute for Advanced Studies of Pavia.

Before joining the Ted Rogers School of Management he has been a post-doctoral research fellow at the University of Toronto, Faculty of Law. In addition to teaching at Ryerson University he has also taught Basic Concepts of Law at the Trinity College in the University of Toronto. He was licensed to practice law in Italy in 2006. He has worked as a lawyer in the field of business law and as a legal consultant for a parliamentary group, dealing with issues related to the public regulation of private markets. He has also been a representative of the prosecutor in criminal courts proceedings.

His research agenda focuses on issues concerning the comparative institutional analysis of alternative law-making processes. In particular, he investigates the nexus between the organization of the sources of law and the efficiency properties of substantive legal rules from a law and political economy perspective. This analytical approach leads him to deal with a variety of issues in the areas of contract law and economic and social regulation. From a related perspective, he conducts research on methodological issues concerning the use of economic theory for the study of the legal institutions, and has provided contributions to the jurisprudential debate about the nature of law and its dynamic interaction with economic institutions.

Department:

Law & Business

Research Interest
Contract Law
Regulatory Law
Political Economy of Law making
Philosophy of Law
Research and Professional Contributions

Academic Publications

Bertolini, D. and Carolina Arlota. "Why Michigan v. EPA requires the meaning of the cost/rationality nexus be clarified," Fordham Environmental Law Review, 29 n. 2 (2017)
Bertolini D, "Decomposing Bhasin v Hrynew: Towards an Institutional Understanding of the General Organizing Principle of Good Faith in Contractual Performance," University of Toronto Law Journal, 67 n. 3 (2017)
Bertolini D., “The Theory of Law ‘As Claim’ and the Inquiry Into the Sources of Law: Bruno Leoni In Prospect,” Southern California Interdisciplinary Law Journal, 25, n. 3 (2015): 561. Reprinted in The Supreme Court Law Review (2d) 73 (2016): 17
Bertolini D., “On the Spontaneous Emergence of Private Law,” The Canadian Journal of Law and Jurisprudence 29 n. 1 (2016): 5.
Bertolini D., “Taking the Costs of Consent Seriously: An Alternative Understanding of Efficiency as a Legal Concern,” The Journal Jurisprudence, (2015): 375

Conference and Workshop Presentations

13th Annual International Conference of Contract, Orlando, Florida, February 23-24, 2018 – Decomposing Bhasin v Hrynew: Towards an Institutional Understanding of the General Organizing Principle of Good Faith in Contractual Performance”

Canadian Law and Economics Association Annual Meeting, Toronto, September 2017 – “Why Michigan v. EPA requires the meaning of the cost/rationality nexus be clarified”

The Canadian Law of Obligations Conference at UBC, Vancouver, BC, May 5-6, 2017 – “Decomposing Bhasin v Hrynew: Towards an Institutional Understanding of the General Organizing Principle of Good Faith in Contractual Performance”

Ted Rogers School of Management, Law and Business Department Annual Workshop, April 2017 –“Good Faith, Honesty and the Bhasin v. Hrynew decision: Where to From Here?”

Society for Benefit-Cost Analysis 2017 9th Annual Conference, Washington DC, March 2017 – “Michigan v. EPA: The Inescapable Normative Nature of the Cost Concept”

Canadian Law and Economics Association Annual Meeting, Toronto, September 2015 – “Bhasin v. Hrynew: Increased Certainty in Contractual Relationships or Threat To Freedom of Contract?”

Western Law Interdisciplinary Graduate Conference, May 2015 – The Theory of Law as Claim and The Sources of Law: Bruno Leoni in Prospect”

Public Choice Society 52nd Annual Meeting, San Antonio, Texas, March 2015 – “Taking the Costs of Consent Seriously: An Alternative Understanding of Legal Efficiency”

Canadian Constitution Foundation’s, Law and Freedom Conference, Toronto, January 2015 – “The Theory of Law as Claim and The Sources of Law: Bruno Leoni in Prospect”

Canadian Law and Economics Association Annual Meeting, Toronto, September 2014 – “The Long Quest for Legal Efficiency: On the Illusion of a Process-Free Analysis of Law”

Canadian Law and Economics Association Annual Meeting, Toronto, September 2013 – “A Transaction Costs Approach to Lawmaking. A Four Dimensional Model”

Canadian Law and Economics Association Annual Meeting, Toronto, September 2012 ­– "The Efficient Production of Legal Rules: Methodological Premises”

Teaching
LAW122 Business Law
LAW534 Government Regulation of Business
LAW535 Environmental Law and  Business
LAW604 Legal Foundations of Corporate Governance
LAW724 Legal Aspects of International Business
MB8108 Regulation, Government and Socially Responsible Management
Qualifications
Ph.D (Doctor of Philosophy) Institute for Advanced Studies of Pavia
S.J.D. (Doctor of Juridical Science) University of Toronto
LL.M. (Master of Laws) University of Illinois
LL.M. (Tax Law) University of Bologna, Faculty of Law
MA (Specialization School for Legal Professions) University of Bologna, Faculty of Law
LL.B (cum Laude) University of Pavia, Faculty of Law
Contact

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