PUBLICATIONS

Shareholder-driven Corporate Governance, (Oxford University Press, 2019) (forthcoming).

Cross-Country Securities Enforcement as An Example of Pro-Cyclical Regulation (forthcoming) (with A. Green).

Public Sector Accountability and Governance” (2018) Canadian Public Administration (with L. Sossin) (peer reviewed)

Systemic Risk, Institutional Design, and the Regulation of Financial Markets, Anita Anand, ed. (Oxford: Oxford University Press, 2016) (peer reviewed).

Legal Ethics in the Law Firm Setting, Anita Anand, ed. Canadian Bar Review (2015).

What’s Next for Canada: Securities Regulation After the Reference, Anita Anand (ed.) (Toronto: Irwin Law, 2012).

Law, Economics and Public Policy: Essays in Honour of Michael Trebilcock, 60:2 University of Toronto Law Journal (2010) (peer reviewed, edited volume with T. Duggan, C. Flood and E. Iacobucci).

Conflicts of Interest in Capital Market Structures: Proceedings of the 10th Annual Queen’s Business Law Symposium (Kingston: Queen’s University Printer, 2005) (with W. Flanagan).

The Corporation in the 21st Century: Proceedings of the 9th Annual Queen’s Business Law Symposium (Kingston: Queen’s University Printer, 2004) (with W. Flanagan).

Responding to Globalization: Proceedings of the 8th Annual Queen’s Business Law Symposium (Kingston: Queen’s University Printer, 2003) (with W. Flanagan).

Journal Publications

Book Review of "Systemic Risk, Institutional Design, and the Regulation of Financial Markets" (2019) Banking and Finance Law Review (Review of A. Anand's edited textbook by C. Chamorro-Courtland) 

Securities Settlements as Examples of Crisis-driven Securities Regulation” (2018) International Review of Law and Economics (with A. Green) (peer reviewed).

Governance in Dual Class Share Firms” (2018) Annals of Corporate Governance (forthcoming) (peer reviewed).

Coordination and Monitoring in Changes of Control: The Controversial Role of 'Wolf Packs' in Capital Markets” (2017) 54:2 Osgoode Hall Law Journal 377-396 (with A. Mihalik) (peer reviewed).

Voluntary Corporate Governance, Proportionate Regulation and Small Firms: Evidence from Venture Issuers” (2017) 60:1 Canadian Business Law Journal 34-60 (with L. Purda and W. Charles).

An Empirical Analysis of Advance Notice Provisions in Corporate Bylaws: Evidence from Canada” (2017) 49 International Review of Law and Economics 41-56 (with M. Dathan) (peer reviewed).

The Boundaries of Corporate Law and Trust Law: An Analysis of Locking v McCowan” (2016) 62:2 McGill Law Journal 577-598 (with E. Iacobucci) (peer reviewed).

Visible Minorities in Directors' Programs and on Corporate Boards: Evidence from Canada” (2016) 58:2 Canadian Business Law Journal 165-196 (with V. Jog).

Offloading the Burden of Being Public: An Analysis of Multi-voting Share Structures” (2016) 10:3 Virginia Law and Business Review 395-412.

The Future of Poison Pills in Canada: Are Takeover Bid Reforms Needed” (2015) 61:1 McGill Law Journal 1-30 (peer reviewed).

Investor Rights after the Crisis” (2015) 27:1 National Law School of India Review 49-65.

Large Law Firms and Capture: Towards a Nuanced Understanding of Self-regulation” (2015) 92 Canadian Bar Review 485-505.

Is Crowdfunding Bad for Investors?” (2014) 55:2 Canadian Business Law Journal 215-230.

Direct Access in Ontario: A Call to Reexamine” (2014) 18:1 Canadian Labour and Employment Law Journal 123-144 (with G. Anand).

The Value of Governance” (2013) 6 Rotman International Journal of Pension Management 38-43 (peer reviewed).

Private Regulation of Insider Trading in the Shadow of Lax Public Enforcement (and a Strong Neighbor): Evidence from Canadian Firms” (2013) 3: 2 Harvard Business Law Review 215-256 (with L. Beny).

Domestic and International Influences on Firm-level governance: Evidence from Canada” (2012) 14 American Law and Economics Review 68-110 (with F. Milne and L. Purda) (peer reviewed).

Was Magna in the Public Interest?” (2012) 49 Osgoode Hall Law Journal 311-332 (peer reviewed).

Regulating Financial Institutions: The Value of Opacity” (2012) 57:3 McGill Law Journal 399-428 (with A. Green) (peer reviewed).

Side-Payments, Opt-ins and Power: Creating a National Securities Regulator in Canada” (with A. Green) (2011) 51(1) Canadian Business Law Journal 1-26.

An Empirical Examination of the Governance Choices of Income Trusts” (2011) 8:1 Journal of Empirical Legal Studies 110-139 (with E. Iacobucci) (peer reviewed).

Combatting Terrorist Financing: Is Canada’s Legal Regime Effective?” (2011) 61:1 University of Toronto Law Journal 59-71 (peer reviewed).

Is Systemic Risk relevant to Securities Regulation?” (2010) 60:4 University of Toronto Law Journal 941-981 (peer reviewed).

Why is this Taking So Long? The Case for a National Securities Regulator” (2010) 60:2 University of Toronto Law Journal 663-686 (with A. Green) (peer reviewed).

Monitoring to Reduce Agency Costs: Examining the Behavior of Independent and Non-Independent Boards” (2010) 33:4 Seattle Law Review 809-848 (with F. Milne and L. Purda) – invited contribution.

Flexibility vs. Certainty: The Law of Arrangements after BCE” (2010) 48:2 Canadian Business Law Journal 174-189.

Rules v. Principles as Approaches to Financial Market Regulation” (2009) 49 Harvard International Law Journal Online 111-115.

Should Shareholders Rank with Unsecured Creditors in Bankruptcy?” (2008) 24:1 Banking and Finance Law Review 169-192.

Carving the Public Interest Jurisdiction in Securities Regulation: Contributions of Justice Iacobucci” (2007) 57:2 University of Toronto Law Journal 293-313 (peer reviewed).

Weather, Leather and the Obligation to Disclose: Comment on the Court of Appeal Decision in Kerr v. Danier Leather” (2007) 44:4 Osgoode Hall Law Journal 727- 742 (with M. Condon) (peer reviewed).

The Role of Underwriters in Nontraditional Offerings: Empirical Evidence” (2006) 3:1 NYU Journal of Law and Business 1-35 (with L. Johnson).

Voluntary vs. Mandatory Corporate Governance: Towards an Optimal Regulatory Framework” (2006) 31:2 The Delaware Journal of Corporate Law 229-252.

Is the Dutch Auction IPO a Good Idea?’ (2006) 11:2 Stanford Journal of Law, Business and Finance 233-260.

Inefficiency and Path Dependency in Canada’s Securities Regulatory System” (2005) 42:1 Canadian Business Law Journal 41-72 (with P. Klein).

The Allocation of Profits between Related Entities and the Oppression Remedy: An Analysis of Ford Motor Co. v Omers” (2005) 36:2 Ottawa Law Review 127-167 (with K. Brooks) (peer reviewed).

Securities Regulation at an Impasse: Developing Effective Regulation in an Ineffective Regulatory Regime” (2005) 20:2 Banking and Finance Law Review 191-216.

Shareholder Isolation and the Regulation of Auditors” (2004) 54:1 University of Toronto Law Journal 1-44 (peer reviewed).

Reform of the Audit Process and the Role of Shareholder Voice: Transatlantic Perspectives” (2004) 5:2 European Business Organizations Law Journal 223-292 (with N. Maloney).

The Efficiency of Direct Public Offerings” (2003) 7:3 Journal of Small and Emerging Business Law 433-466.

Securities Law in the Internet Age: Is ‘Regulating by Analogy’ the Right Approach?” (2001) 27 Queen’s Law Journal 129-160 (peer reviewed).

Comment on ‘Internet-Based Securities Offerings by Small and Medium Sized Enterprises’" (2001) 35 Canadian Business Law Journal 274-280.    

"Regulating Issuer Bids: The Case of the Dutch Auction" (2000) 45 McGill Law Journal 133-154 (peer reviewed).

"Crash Landing - Comment on Airline Industry Revitalization Co. v. Air Canada" (2000) 25 Queen's Law Journal 659-677 (peer reviewed).

"Fairness at What Price? An Analysis of the Regulation of Going-Private Transactions in OSC Policy 9.1" (1998) 43 McGill Law Journal 115-137 (peer reviewed).     

"Visible Minorities in the Multi-Racial State: When Are Preferential Policies Justifiable?" (1998) 21 Dalhousie Law Journal 92-140 (peer reviewed).

"The Deductibility Received under Disability Plans" (1997) 31:2 University of British Columbia Law Review 353-361 (with G. Anand) (peer reviewed).

Book Chapters and Works in Edited Collections

 

“Shareholder Fiduciary Duties” in H. Birkmose and K. Sergakis, eds. (Edward Elgar, 2018) (with C. Puskas).

 

“In Vogue? Shareholder Democracy, Activism and Corporate Governance” in P.M. Vasudev and S. Watson, eds. (Edward Elgar, 2017).

 

Constitutional Aspects of Commercial Law” in Peter Oliver et al The Oxford Handbook of Canadian Constitutional Law (Oxford University Press, 2017).

 

Examining the Efficacy of Canada’s Anti-terrorist Financing Laws” in Colin King and Clive Walker eds. (Ashgate, 2017).

 

Institutional Design and the New Systemic Risk in Banking Crises” in Anita Anand, ed, Systemic Risk and Institutional Design (Oxford University Press, 2016) (with M. Trebilcock and M. Rosenstock).

 

“The relationship between investors and corporations after the financial crisis” in A. Paolini, ed. Research Handbook on Directors’ Fiduciary Duties (London, 2014: Edward Elgar).

 

“After the Reference: Regulating Systemic Risk in Canadian Financial Markets” (2012) in What’s Next for Canada: Securities Regulation After the Reference, Anita Anand (ed.) (Toronto: Irwin Law, 2012).

 

“Why Has ‘Free Trade’ Had Minimal Effects on Financial Markets?” in Borders and Bridges, Geoffrey Hale and Monica Gattinger, eds. (Oxford University Press, 2010) (peer reviewed).

 

 “Regulating Auditors” in Anita Anand and William Flanagan, eds.  The Corporation in the 21st Century”: Proceedings of the 9th Annual Queen’s Business Law Symposium (Kingston: Queen’s University Printer, 2003).

 

“Towards a Normative Foundation for Canadian E-commerce Law” in Dr. Anne Fitzgerald and Annelies Moens, eds.

 

International E-commerce Regulation 2002: Proceedings of the Electronic Commerce Group of XVIth Congress of the International Academy of Comparative Law (Australia: Thomson Lawbook Co., 2002) 25-48.

 

“Harmonizing Canadian Securities Laws: Considering Alternatives” in Anita Anand and William Flanagan, eds. Responding to Globalization” Proceedings of the 8th Annual Queen’s Business Law Symposium (Kingston: Queen’s University Printer, 2002) 51-58.

 

“Related Party Transactions and Valuations: Commentary on Paper by Cathy Singer” Critical Issues in Mergers and Acquisitions: Proceedings of the 6th Queen's Annual Business Law Symposium (Kingston: Queen’s University Printer, 1999).

Casebooks

 

Securities Law in Canada: Cases and Commentary, 3d ed. (Toronto: Emond Montgomery, 2017) (with M. Condon, J. Sarra and S. Bradley).

Cases, Materials and Notes on Partnerships and Canadian Business Corporations, 6th ed. (Toronto: Carswell, 2016) (with E. Iacobucci, I. Lee, J. MacIntosh and P. Puri).

 

Cases, Materials and Notes on Partnerships and Canadian Business Corporations, 5th ed. (Toronto: Carswell, 2011) (with D. Harris, R. Daniels, A. Dhir, E. Iacobucci, I. Lee, J. MacIntosh, P. Puri, E. Waitzer and J. Ziegel).

 

Securities Law in Canada: Cases and Commentary, 2nd ed. (Toronto: Emond Montgomery, 2010) (with M. Condon and J. Sarra).

 

Securities Law in Canada: Cases and Commentary (Toronto: Emond Montgomery, 2005) (with M. Condon and J. Sarra).

Securities Law: Cases, Notes and Materials (Toronto: Butterworths, 1999) (with D. Johnston and G. Peterson).

Government, Regulatory and Industry Reports, Consultations and Contributions

Written submissions to the Hon. Navdeep Bains on Bill C-25 (Sept 7, 2017).

What about the Investors?” White Paper for Foundation for Advancement of Investor Rights (July 1, 2017).

Written submissions to the Business Law Advisory Committee of Ontario (Dec 11, 2016).

 

Interim and Final Report of the Expert Committee on Financial Advisory and Financial Planning Services (April 5, 2016 and Nov 1, 2016).

Written submissions to the Canadian Coalition of Good Governance on Proxy Access (Oct 19, 2016).

Oral submissions to the federal Ministry of Finance regarding the Capital Markets Stability Act (June 15, 2016).

The Future of Poison Pills: Are Takeover Bid Reforms Needed?” CD Howe E-Brief (Oct 29, 2015).

Oral Submissions before the Senate Standing Committee on Terrorist Financing (May 4, 2015).

 

The Value of Governance” for Canadian Coalition for Good Governance (Feb 2013).

 

Consultations with the Dept of Finance re reference to the Supreme Court of Canada (Jan 2010 -Sept 2010).

 

Oral submissions before federal Liberal party subcommittee on Bill C-52 (Feb 3, 2010).

 

Oral Submissions before Stg Committee on Governmental Agencies (Feb 23, 2009).

 

Report “An Assessment of the Legal Regime Governing the Financing of Terrorist Activities for the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182” (Feb 6, 2007).

 

Report “Balancing the Interests of Issuers and Investors in Securities Regulation” for the Task Force to Modernize Securities Legislation in Canada" (May 29, 2006).

 

Oral consultations with federal government commission regarding Canada Labour Code, Toronto, Ontario (March 12, 2005).

 

Oral consultations with the Fairness Committee formed by the Ontario Securities Commission (Fall 2004).

 

Report entitled “Costs of Compliance in Canada’s Securities Regulatory System” (with P. Klein) for the federal government Wise Persons’ Committee (Dec 17, 2003).

Staff contributor, assist in the preparation of the Five Year Review Committee Draft and Final Report: Reviewing the Securities Act (Ontario) (May 29, 2002 and March 21, 2003).

Consultations with the Canadian Bar Association (Ontario) regarding equality of women and visible minorities in the legal profession (1992-1994).

© 2018 Anita Anand