Dr. Daniele Bertolini
Overview
Daniele Bertolini is an Associate Professor at the Law and 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 was a post-doctoral research fellow at the University of Toronto, Faculty of Law. In addition to teaching at Toronto Metropolitan 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. He is currently an Affiliated Researcher at the Marcel A. Desautels Centre for Private Enterprise and the Law at the University of Manitoba's Faculty of Law.
His research is focused on the intersection between economic and philosophical approaches to law, with particular emphasis on the study of contract law and the political economy of law-making processes and institutions.
His research contributions have been published in such journals as the McGill Law Journal, the University of Toronto Law Journal, the University of British Columbia Law Review, the Canadian Business Law Journal, the Queen's Law Journal, the Canadian Journal of Law and Jurisprudence, the Alberta Law Review, the Dalhousie Law Journal, the Fordham Environmental Law Review, and the Southern California Interdisciplinary Law Journal.
He has received the TRSM Research Recognition Award in 2021 for his scholarly achievements. He was awarded winner of the Annual McGill Law Journal Essay Contest (2022) for his work on Unpacking entire agreement clauses.
Contract Law, Regulation, Law and Economics, Jurisprudence, Social Theory.
| Journal Articles |
|---|
| Bertolini D. "Releasing the unknown: Theoretical and evidentiary challenges in interpreting the release of unanticipated claims," Queen’s Law Journal, Volume 48, n. 2 (2023): 61-100. |
| Bertolini D. "On the past and future of law and economics: civilian pedigree, methodological challenges, and the continued relevance of Michael Trebilcock’s contribution," Canadian Business Law Journal Volume 65, n. 2 (2022): 292-328. |
| Bertolini D. "Unpacking entire agreement clauses: On the (elusive) search for contractually induced formalism in contractual adjudication," McGill Law Journal, Volume 66, n. 3 (2021): 465-508. * Selected as the best article for the 2nd edition of the McGill Law Journal English Essay Contest (2023). |
| Bertolini D. "Contracting out liability for negligent precontractual misrepresentation," Dalhousie Law Journal, Volume 44, n. 2 (2021): 379-411. |
| Bertolini D. "Toward a Framework to Define the Outer Boundaries of Good Faith in Contractual Performance", Alberta Law Review, Volume 58, n. 3 (2021): 573-620. |
| Bertolini D. "Constitutionalizing Leviathan: A critique of Buchanan’s conception of lawmaking", Homo Oeconomicus. Journal of Behavioral and Institutional Economics, Volume 36, n. 1-2 (2019): 41-69. |
| Bertolini D. "Unmixing the Mixed Questions: A Framework for Distinguishing Between Questions of Fact and Questions of Law in Contractual Interpretation," University of British Columbia Law Review. Volume 52, n. 2 (2019): 345-434. |
| Bertolini, D. and Carolina Arlota. "Why Michigan v. EPA requires the meaning of the cost/rationality nexus be clarified," Fordham Environmental Law Review, Vol 29 n. 2 (2017): 125-155. |
| 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, Vol. 67 n. 3 (2017): 348-410. |
| 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): 561-606. Reprinted in The Supreme Court Law Review (2d), Vol 73 (2016): 17. |
| Bertolini D., “On the Spontaneous Emergence of Private Law,” The Canadian Journal of Law and Jurisprudence, Vol 29 n. 1 (2016): 5-36. |
| Bertolini D., “Taking the Costs of Consent Seriously: An Alternative Understanding of Efficiency as a Legal Concern,” The Journal Jurisprudence, Vol 28, Issue 4 (2015): 375-430. |
| Books and Chapters |
|---|
| Bertolini D. "Student Consumers in the Age of Constant Connectivity: Legal and Economic Insights into Millennials' (and post-Millennials) Schooling and Education," in Millennials and Media Ecology: Culture, Pedagogy, and Politics. Anthony Cristiano and Ahmet Atay eds. London: Routledge, 2019, pp. 61-85. |
| Bertolini D., [Book] Introduction to an Economic Analysis of the Sources of Law (in Italian), Rubbettino Editore, 2011. |
| Conference and Workshop Presentations |
|---|
| 16th Annual International Conference of Contract, Dallas, Texas, March 17-18, 2023 – “Releasing the unknown: Theoretical and evidentiary challenges in interpreting the release of unanticipated claims” |
| The Canadian Law of Obligations Conference at UBC, Vancouver, BC, June 23-24, 2022 – “Unpacking entire agreement clauses: On the (elusive) search for contractually induced formalism in contractual adjudication” |
| 96th Academy of Legal Studies in Business Online Annual Conference, August 1-6, 2021 – “Unpacking entire agreement clauses: On the (elusive) search for contractually induced formalism in contractual adjudication” |
| 95th Academy of Legal Studies in Business Online Annual Conference, August 2-7, 2020 – “Good Faith in Changing Transactional Contexts” |
| 15th Annual International Conference of Contract, Sacramento, California, February 21-22, 2020 – “Exploring the outer boundaries of good faith in contractual performance” |
| The Canadian Law of Obligations Conference at UNB, Fredericton, New Brunswick, May 10-11, 2019 – “Unmixing the Mixed Questions: A Framework for Distinguishing Between Questions of Fact and Questions of Law in Contractual Interpretation” |
| Virginia Polytechnic Institute and State University, Liberty Fund, Blacksburg, Virginia, July 23 - 28, 2018 – Invited discussant to the Conference “The Legacy of James Buchanan” |
| Ted Rogers School of Management, Law and Business Department, Second Annual Workshop, April 2018 – “NAFTA Renegotiations: an overview” |
| 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” |
| Academy of Legal Studies in Business, Member |
| STOREP, Member |
| Marcel A. Desautels Centre for Private Enterprise and the Law at the University of Manitoba's Faculty of Law, Affiliated Researcher |
| Course code | Course title |
|---|---|
| ECN 321 | Introduction to Law and Economics |
| LAW 122 | Business Law |
| LAW 534 | Government Regulation of Business |
| LAW 535 | Environmental Law and Business |
| LAW 604 | Legal Foundations of Corporate Governance |
| LAW 724 | Legal Aspects of International Business |
| MB8108 | Regulation, Government and Socially Responsible Management |
| MB8137 | Board Governance and Law |
| MBA Bootcamp | Legal Contract Review |