Queen's University : Law

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2011-2012 Academic Year

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Law

LL.M. students must enrol in LAW-880 * Legal Theory & Perspectives Seminar and LAW-881 * Legal Research & Writing Seminar. Ph.D. students must enroll in these courses unless they have completed substantially similar courses in their previous graduate work. Information about scheduling and instructors for the courses listed below will be provided at registration. In addition to the courses listed below, descriptions of other courses offered by the Faculty of Law may be found here in the Faculty of Law calendar.

OPTIONAL COURSES FOR GRADUATE STUDENTS (courses taken jointly with J.D. students)
Graduate students will only be permitted to take these courses if they do not substantially duplicate courses taken prior to entry to the LL.M. program at Queen’s. Graduate students may be subject to different methods of evaluation. Prerequisites may be waived by the instructor for graduate students with an appropriate background.

LAW-801*

Reading Course

LAW-802*

Law and Institutions of the European Union

The aims, structure and institutions of the European Union. The nature and development of Community law, its relationship with the domestic laws of the member states, and its significance as a factor in integration. Selected aspects of Community economic and social policy, notably the free movement of workers, freedom of establishment, competition and the harmonization of laws, will be studied. The course will also be concerned with the relationship between Canada and the Community and the relevance of the Community experience to Canadian problems and interests. (Jointly with LAW-546.) Not offered 2010-2011.

LAW-803*

Remedies

This is a course on judicial, or court-ordered remedies. The focus of the course will be on particular problems in the law of damages, both at law and in equity (including equitable compensation). We will also discuss specific performance, injunctive relief and Anton Piller orders. (Jointly with LAW-314.) Three term hours, Fall. M. Pratt.

LAW-804*

Tax Theory and Policy

Why do we have taxes? What are the economic and social effects of particular forms of taxation? What should be the goals of a tax system? How can the tax system be designed to be fair and efficient? Particular attention is paid to current proposals for tax reform, in Canada and elsewhere. (To be offered jointly with LAW-504.) Not offered 2010-2011. PREREQUISITE: LAW-508 Taxation (or equivalent)

LAW-805*

Tax Policy

The principal aim of this course is to give students the opportunity to undertake a substantial research project into some aspect of tax law or policy of the student's choice. In order to prepare students for this task, the introductory part of the course will examine basic, theoretical issues, such as the objectives of taxation, taxation as a redistributory mechanism, the effects of taxation upon consumption and work choices, upon economic growth and international competitiveness. The remainder of the course will concentrate on important current tax issues such as taxation of the family unit, corporate tax reform, harmful tax competition and the various proposals for a 'flat tax'. (To be offered jointly with LAW-505.) Three term-hours; Winter. K. Lahey. PREREQUISITE OR COREQUISITE LAW-Taxation.

LAW-806*

International Taxation

The taxation of non-residents and of foreign-source income. The principal focus is on Canadian tax rules and their application, but the course also addresses broader questions such as the problems of taxing multinational enterprises, the regulation of transfer-pricing, the use of tax havens, and international cooperation to prevent fiscal evasion. (To be offered jointly with LAW-506.) Not offered 2010-2011. PREREQUISITE: LAW-508 Taxation (or equivalent)

LAW-807*

Health Law

The legal and political relationships between patients, health care professionals, the state, family members and the pharmaceutical industry. The principles underlying this area of the law - paternalism, rights, and an ethic of care - frame the inquiry. Informed consent, mental incompetency, medical malpractice, the rights to refuse and gain access to treatment, liability for drugs and devices, state regulation of medical products, reproductive technology and the fetal-maternal relationship, the legal and ethical dilemmas arising out of AIDS/HIV, and decisions to withhold treatment. (To be offered jointly with LAW-307.) Three term-hours; Fall. P. Peppin.

LAW-808*

Taxation

A comprehensive introduction to income taxation and the principles and operation of the Income Tax Act. Some of the topics included in the course are residence, the definition of income, deductions, capital cost allowance, capital gains and the taxation of corporations and their shareholders. (To be offered jointly with LAW-508.) Four term-hours. Fall: A. Cockfield. Winter: K. Lahey.

LAW-809*

International Criminal Law

This course is divided into two parts. The first part explores international aspects of Canadian criminal law. Attention is given to questions of sovereignty, in terms of Canada's ability to claim jurisdiction over crimes with a trans-jurisdictional nature. This part of the course also focuses on Canada's international obligations at the investigation stage, under the rubric of mutual legal assistance arrangements, as well as dealing with fugitives from justice from other jurisdictions who are apprehended on Canadian soil.
The second part of the course focuses on criminal aspects of international law. This part of the course travels the road from the Nuremberg Trials to the Rome Treaty that established the International Criminal Court in 1998. An important component of this exploration will be the antecedent work of The International Criminal Tribunal for the Former Yugoslavia and for Rwanda. (Jointly with LAW-409.) Three term-hours; Winter. D. Robinson.

LAW-810*

Advanced Criminal Law and Advocacy

The major aim of this seminar will be to explore, at an advanced level, some of the most crucial legal issues facing the criminal justice system, whether these be matters of the Charter, substantive criminal law, procedure or evidence. Another important aim is to enhance communicative skills in research, writing and trial advocacy. Not offered 2010-2011. (To be offered jointly with LAW-411.) PREREQUISITE: OR COREQUISITES: LAW-320 Evidence and LAW-404 Criminal Procedure

LAW-811*

Legal Imagination

A writing course exploring what one can learn and say about the legal imagination, what it can mean to learn to think and speak like a lawyer. (To be offered jointly with LAW-332.) Not offered 2010-2011.

LAW-812*

International Law

Topics covered in this basic course dealing with the role of law in international affairs include: processes by which international law is created (sources); its application by international and national decision-makers, with particular emphasis on the use of international law by Canadian courts and other tribunals; status in the international legal system of states and such other participants as intergovernmental organizations (notably the United Nations), non-governmental organizations, multinational corporations, subunits in federal states (particularly Canadian provinces), and individuals (human rights); analysis of substantive law in various areas, including the law of the sea, dispute settlement, state responsibility and sovereign and diplomatic immunities. Throughout the course emphasis will be placed on Canadian practice and its conformity with international law. (To be offered jointly with LAW-540.) Three term-hours; Winter. D. Robinson.

LAW-813*

Labour Law

A survey of the law of labour-management relations, with emphasis on collective bargaining in the private sector. Employer, employee and union status under collective bargaining legislation. Protection of the right to organize. The certification process, and the importance of exclusive bargaining rights. The duty to bargain, and first-contract arbitration. Strikes, lockouts and picketing. The relationship between individual rights and collective rights, with particular reference to the implications of the Canadian Charter of Rights and Freedoms. Consideration of the conflicting moral and social values relevant to collective bargaining law. (To be offered jointly with LAW-560.) Four term-hours; Fall. K. Banks.

LAW-814*

Jurisprudence

An introduction to the theories of modern legal philosophers. The primary areas of focus are legal positivism, the liberal theory of Ronald Dworkin, critical legal theory, and the economic analysis of law. A major part of the course will be devoted to legal reasoning in general, but an attempt will be made to outline the relevance of those theories to substantive areas of law, with particular reference to constitutional rights and to various contract and tort doctrines. (To be offered jointly with LAW-310.) Three term-hours; Winter. C. Essert.

LAW-816*

International Economic Law

As globalization gathers momentum, international laws governing how nations trade and invest across borders are increasingly important. Such laws increasingly limit government actions and affect peoples’ daily lives. This course introduces international trade and investment laws. The course focuses on the World Trade Organization (WTO) laws on international trade, the application of those laws in Canadian law and the North American Free Trade Agreement (NAFTA) laws on foreign investment. We will also examine the common principles underlying international trade and investment laws and criticism of those laws. Three term-hours; Winter. W. Flanagan. (To be offered jointed with LAW-465.)

LAW-817*

Environmental Protection Law

An examination of how the law has responded to the increasing concern about adverse impacts of human activity on the environment. The constitutional framework for environmental protection. The development of the law from common law causes of action to the administrative and regulatory regimes established by statute for management and protection of the environment. Particular emphasis is placed on federal and Ontario law. Topics covered include air, water, waste management, environmental assessment and the regulation of toxic chemicals. (To be offered jointly with LAW-517.) Three term-hours; Fall. B. Pardy.

LAW-818*

Sociology of Law

An examination of classical and contemporary sociological perspectives on the relationship of law to social structure, the functions of law in social action, and the role of law in social change. Emphasis will be placed upon the Canadian legal system in historical and comparative context. (Offered jointly with LAW-318 and SOCY-457.) Not offered in the Faculty of Law in 2010-2011.

LAW-819*

Advanced Corporate Law

The purpose of the course is to examine in detail the principal legal issues and considerations involved in a variety of key transactions and other events that typically arise for a substantial private or public corporation. The topics to be considered include: share attributes and other 'corporate governance' matters affecting the organization of more complicated corporate entities, debt financings (including the preparation and negotiation of loan agreements and dealings with financial institutions generally), insolvencies and restructurings, amalgamations, reorganizations and other 'fundamental changes' and various aspects of corporate acquisitions. Emphasis would also be placed upon the role and responsibilities of lawyers involved in corporate organizations and transactions, taking into account potential ethical and conflict of interest considerations, and practices that a lawyer may or should adopt to reflect these considerations and to best serve the client's interests. (To be offered jointly with LAW-608.)Three term-hours; Winter. D. Belovich.

LAW-820*

International Business Transactions

This course is designed to develop a framework that students can use to analyze and resolve issues relating to international business transactions. In order to achieve this objective, the course introduces students to the rules, practices and institutions which are relevant to international business transactions. Students will acquire an understanding of how legal tools can be used to manage risk in the international context. The course also provides the business background for common types of transactions and discusses the role that lawyers play in helping business people to fulfill their objectives. Throughout the course, students will have opportunities to apply the course material to practical problems. In terms of specific content, the course focuses on the strategies used by firms seeking to enter a new foreign market. After a discussion of the general business considerations, the main types of legal structures for market entry are discussed: the sale of goods and services, directly and through various distribution arrangements; direct investment, including joint ventures; technology and intellectual property licensing. (To be offered jointly with LAW-610.) Not offered 2010-2011.

LAW-821*

Comparative Constitutional Law

Dicey wrote: "One reason why the law of the constitution is imperfectly understood is that we too rarely put it side by side with the constitutional provisions of other countries. Here, as elsewhere, comparison is essential to recognition." The Constitution Act, 1867 declares the Constitution of Canada to be "similar in principle" to that of the United Kingdom. The guarantees of the Canadian Charter of Rights and Freedoms are subject to reasonable limits prescribed by law that can be justified in a "free and democratic society." These statements beg further comparative questions about the nature of Canadian constitutionalism and political culture. Employing case law and commentary, we shall consider some of the major points of convergence and divergence in "written" and "unwritten" constitutional traditions, with reference to Canada, the UK, the United States, France, Australia, South Africa and other countries. We shall also examine the role of the courts in constitutional judicial review, and the extent to which fundamental principles such as the rule of law, democracy, equality and the protection of minorities are implemented. The objective of this seminar is to provide a broad understanding of the challenges facing constitutionalism and thus to encourage a closer examination of Canadian constitutional choices. (To be offered jointly with LAW-221.) Three term-hours; Winter. W. Newman.

LAW-822*

Human Rights

The objectives of this course are two: to offer a basic course on the law relating to human rights, with particular emphasis on discrimination, including equality rights and affirmative action; and to accomplish some of what is contemplated by an advanced administrative law course, by examining the functioning of Human Rights Commissions, and practice and administrative law advocacy in that context. (To be offered jointly with LAW-522.) Three term-hours; Fall. J. McHenry.

LAW-823*

Advanced Civil Procedure

This course will focus on the procedural subjects which are most commonly encountered in a civil litigation practice. Topics will include oral and documentary discovery, motions for summary judgment, injunction proceedings, class proceedings, trial practice and procedure, and appeals. The course will also examine the use of variety of alternate dispute resolution techniques to supplement or replace traditional civil procedure mechanisms. Two drafting assignments will be handed out during the course to provide the student with practical experience. (To be offered jointly with LAW-323.) Not offered 2010-2011. PREREQUISITE LAW-Civil Procedure.

LAW-824*

Comparative Federalism

A study of how different federal systems deal with similar problems. Although the Canadian and American systems form the basis for most comparisons, the course often examines other federations - Australia, Germany and Switzerland - and the institutions of 'near federations' such as the European Union. (To be offered jointly with LAW-424.) Not offered 2010-2011.

LAW-825*

Appellate Advocacy- Moots

This course provides an introduction to oral advocacy and preparation of factums in small classes of approximately 16 students. Students will prepare facta and oral argument in teams of four, and argue their case in a moot at the conclusion of the course. Students are evaluated by letter grade. (To be offered jointly with LAW-325.) Three term-hours; Winter. Gleitman.

LAW-826*

Sentencing and Penal Policy

This course examines the law, philosophy and practice of sentencing in Canada. Attention is paid to the procedural and evidentiary aspects of sentencing, sentencing options and specific sentencing issues (murder, dangerous offenders, young offenders, native offenders). (To be offered jointly with LAW-416.) Three term-hours; Fall. Instructor TBA.

LAW-827*

Comparative Evidence

This course will explore the relationship between the rules of evidence and the procedural context in which they are situated. This will include an examination of the impact of lay participation and adversarial procedures on the law of evidence. Within this framework particular attention will be paid to issues such as relevance and weight, the presumption of innocence, prosecution and defence disclosure and exclusionary rules. Practices in a variety of jurisdictions (including the international courts) will be drawn on to illustrate the relationship between procedural context and the content and application of the rules of evidence with particular emphasis being placed on Canada and South Africa. PREREQUISITE LAW- Evidence. (To be offered jointly with LAW-678.) Not offered 2010-2011.

LAW-828*

Taxation of Trusts and Administration of Estates

Taxation of the estates of deceased persons and of testamentary and inter vivos trusts. Emphasis will be placed on the elections which may be made by executors to reduce the impact of taxation and upon the steps which may be taken in advance to minimize the tax costs of providing for surviving dependents. The course offers an introduction to personal tax planning, and will also cover such subjects as provision for retirement, tax deferral and techniques of estate freezing. Winter. D. Kerzner. (To be offered jointly with LAW-509.) PREREQUISITE: LAW-508 Taxation. LAW-440 Business Associations. LAW-462 Wills and Trusts recommended.

LAW-829*

Advanced Constitutional Law (Canadian Charter of Rights and Freedoms)

The system of Charter interpretation in Canada as developed and illustrated by judicial precedents. The significance of the entrenchment of basic rights for Canadian politics and law. A detailed examination of the practice of Charter litigation. (To be offered jointly with LAW-529.) Not offered 2010-2011.

LAW-830*

Mental Health Law

Concepts and issues bearing upon health disciplines concerned with the management and treatment of psychiatric disorders. Areas covered include a review of the major psychiatric disorders and their diagnosis and treatment; the concept and applications of competency, including the uses of remands and fitness to stand trial; civil commitment of the mentally ill, and related issues such as enforced treatment, the so-called right to treatment and confidentiality; the uses and abuses of psychiatric and psychological evidence, and the cross-examination of expert witnesses in these disciplines; and legal and ethical concerns in the representation of mentally disordered clients. (To be offered jointly with LAW-403.) Three term-hours; Fall. L. Hanson.

LAW-831*

Applied Business Law Seminar

The Applied Business Law Seminar is a course in which students will undertake an extensive examination of a specialized topic in business law from a variety of perspectives. Proposed topics for seminars in a particular year include: take-over bids, initial public offerings, corporate disclosure and shareholder activism. The object of the course is to develop students' analytical skills in the area of business law. The course also seeks to develop other skills that are crucial in the practice of business law such as drafting corporate documents, responding to client concerns, negotiating with members of the other side of a deal, communicating with regulators. Throughout the term, reference will be made to relevant corporate and securities legislation, case law and corporate documents. Students who enroll in the seminar will be required to attend all of the sessions of the Torys Business Law Workshop during the term in which the seminar is offered. In addition to the Workshop sessions, the Instructor will lead a series of background seminars relating to the theme of the term. (To be offered jointly with LAW-438.) Not offered 2010-2011. PREREQUISITE OR COREQUISITE LAW- Business Associations.

LAW-832*

Aboriginal Peoples and the Law

The emerging constitutional regime of aboriginal and treaty rights and an evaluation of pre-1982 law in light of that new regime. (To be offered jointly with LAW-532.) Winter. S. Graben.

LAW-833*

Law, Gender, Equality

The course will consider claims to gender equality and will introduce gender theory of law. There will be a critical examination of the legal strategies relating to gender objectives, including legislative reforms and jurisprudence. The objective of the course is to introduce students to the feminist critique and reconceptualization of law, particularly equality jurisprudence. (To be offered jointly with LAW-533.) Not offered 2010-2011.

LAW-834*

Feminist Jurisprudence

The seminar will involve an in-depth exploration of contemporary gender theories and their implications for the resolution of problems of legal significance. The objective of the seminar is to develop a theory of gender justice which reflects the feminist perspective. (To be offered jointly with LAW-534.) Not offered 2010-2011. PREREQUISITE: LAW-533 Law, Gender, Equality or LAW-516 Law and Sexuality or permission of the instructor.

LAW-835*

Equality Rights and the Charter

The controversiality of entrenching equality rights in the constitution has not diminished with the passage of almost two decades since the enactment of the Charter. Those who supported the constitutional guarantee of equality rights usually adverted to the need for a more inclusive notion of human dignity. The critics contended that, as a second generation right, equality would be divisive because it would enable litigants to challenge traditionally accepted values such as the freedoms of association, expression and contract, as well as liberty, privacy and property. It may still be too soon to know who is right but it is timely to examine equality rights jurisprudence to determine: the meaning of the right to equality; whether that meaning varies and, if so, under what conditions; the limits of the right to equality; the controversies about the right to equality that the courts have resolved, and those that remain unresolved; and the perspectives that the various historically disadvantaged groups might reasonably be expected to take about the value of entrenching equality rights in the constitution given judicial reasoning and decision-making to date. (To be jointly with LAW-535.) Not offered 2010-2011.

LAW-836*

Advanced Seminar on International Legal Problems

This seminar will examine situations in which a lawyer in private practice will have to take international law rules into account. Particular issues covered include diplomatic immunity, espousal of the claims of nationals, mass migrations and refugee claims, international terrorism and extradition requests. Current issues in international law will be considered as well. (To be offered jointly with LAW-536.) Not offered 2010-2011. PREREQUISITE: LAW-540 International Law or permission of instructor.

LAW-838*

International Resource and Environmental Law

This course will examine how the international community has responded to environmental and resource problems having trans-boundary and global impacts. Topics will include the scientific, economic, social and legal aspects of contemporary international environmental problems, the role of international and regional organizations in solving such problems and the emerging legal regimes for the atmosphere, the oceans and Antarctic. Some years a particular focus will be on sustainable development and the implementation of international initiatives following the Rio Conference. Other years the focus will be on the international law of the sea. (To be offered jointly with LAW-538.) Not offered 2010-2011.

LAW-841*

United Nations and Management of Peace and Conflict Issues

The maintenance of international peace and security through U.N. peacekeeping and, the Security Council's consideration of the issues in conflict under the Charter procedures is studied by reference to state practice and international law. (To be offered jointly with LAW-541.) Not offered 2010-2011. PREREQUISITES: OR COREQUISITES LAW-540 International Law

LAW-842*

International Human Rights Law

This seminar critically examines international and regional mechanisms for the implementation of human rights obligations, the effectiveness of sanctions and other coercive measures, the criteria for evaluating specific derogations from human rights principles during emergency situations, and the role of non-governmental organizations in monitoring violations of human rights. (To be offered jointly with LAW-542.) Three term-hours; Winter. D. Robinson. PREREQUISITE: LAW-540 International Law, or permission of instructor.

LAW-845*

Negotiation

The purpose of this seminar is to improve the negotiating skills of participants by having them engage in a systematic analysis of the process of negotiation and by involving them in a series of actual negotiating situations with extensive coaching and de-briefing. Topics to be covered will include understanding one's own negotiation style, analyzing problems, defining and uncovering interests, developing options, brainstorming, joint problem-solving, using fair standards, dealing with "hard bargainers" and understanding the norms and ethics which are part of the negotiating process. Negotiation role-plays will be taken from all areas from the simple to the more complex. (To be offered jointly with LAW-335.) Three term-hours; Winter. L. Crush.

LAW-846*

Competition Law

The theory and practice of regulating business competition in Canada under the Competition Act and the common law governing restraint of trade. Economic theories informing the law will be examined from a legal perspective. Topics reviewed include cartels and criminal conspiracies to restrain competition, abuse of dominant competitive positions, anti-competitive mergers and pre-merger clearances, vertical competitive restraints, and predatory pricing and price discrimination. (To be offered jointly with LAW-446.) Three term-hours; Winter. R. Eatrides

LAW-847*

Advanced International Trade and Investment Law

An advanced international trade and investment law course, which will examine the substantive principles (and their procedural underpinnings in domestic law) of NAFTA , the new GATT/World Trade Organization, the World Bank's ICSID system to the extent that it is relevant under NAFTA, and other related instruments designed to maintain a liberal trading regime providing freer market access and non-discriminatory foreign investment practices. (To be offered jointly with LAW-547.) Not offered 2010-2011. PREREQUISITE: LAW-540 International Law; LAW-454 International Economic Law or permission of the instructor.

LAW-848*

Securities Regulation

An advanced course in business associations, concerned exclusively with public, and often very large, corporations. The course deals with the regulation of such corporations under the Securities Act and related rules and regulations. Topics considered will include regulation of distribution and trading in corporate securities, insider responsibility, corporate disclosure and business combinations. (To be offered jointly with LAW-448.) PREREQUISITE: LAW-440 Business Associations

LAW-853*

Alternative Dispute Resolution

The resolution of legal disputes by means of negotiation, mediation, or arbitration, rather than by trial before a judge. Both court-annexed and private ADR methods will be considered. The class will participate in simulation exercises, some of which will involve preparation of settlement documents, and will examine the relevant statutes and current studies on alternative dispute resolution. The primary focus will be on the use of ADR in private civil disputes, particularly in the areas of commercial law, torts, and family law. The goal of the course is the development of both settlement skills and a critical understanding of ADR methods. NOTE Students cannot enrol in more than one of either Alternative Dispute Resolution or Client Counselling and Dispute Resolution as there are subject areas common to both. (To be offered jointly with LAW-333.) Three term-hours; Fall. M. Maur and L. Crush.

LAW-854*

International Economic Law

The course will examine the sources of international law by which governments regulate wealth-related activities and the role of organizations such as GATT, UNCTAD, OECD, and the World Bank in trade liberalization and equitable economic development. The context for this course is provided by the expanded World Trade Organization and NAFTAL regimes as well as domestic regulatory systems. (To be offered jointly with LAW-454.) Three term-hours; Fall. N. Gallus.

LAW-855*

Corporate Governance

This seminar course examines the role of directors and senior officers in governing the public corporation. It also examines the rights of other stakeholders in the corporation, such as shareholders, employees and creditors. The course focuses on the legal foundations of the public corporation, including various conceptions of the firm in economic theory. Other topics that will be examined include: fiduciary duties; the separation of corporate control and ownership; the concept of "shareholder democracy"; corporate goals; the role of institutional investors; the respective roles of corporate law and securities law; and recent legislation adopted in response to corporate failures (such as Enron). The course is designed for students who wish to examine at an advanced level governance issues facing the public corporation. (To be offered jointly with LAW-602.) Not offered 2010-2011. PREREQUISITE LAW- Business Associations.

LAW-856*

Entertainment Law

This course will address the fundamentals of entertainment law, from a theoretical and applied perspective. It will consider the topic from its foundation as a particular application of the law of contract, to an examination of practical issues and approaches that arise in this specialized area of practice. (To be offered jointly with LAW-326.) Not offered 2010-2011.

LAW-857*

International Commercial Arbitration

Arbitration is an alternative to litigation that has emerged as a major means of dispute resolution in the area of international trade and commerce between both private and government entities. This course will cover the essential features of international commercial arbitration, with particular emphasis on the development of the law in Canada. On successful completion of this course, students should: understand the nature of arbitration as a form of dispute resolution and its advantages and disadvantages relative to litigation, in international commercial disputes; be aware of the legal and procedural regime for arbitration in Canada and its similarity with the laws of other countries; be familiar with the procedures of some of the major international arbitral institutions; and understand the relationship between domestic courts and arbitration and the growing autonomy of the arbitral process. (To be offered jointly with LAW-612.) Offered in the International Law Spring Program at the B.I.S.C.

LAW-858*

Media, Government and the Charter

This course will explore, in the context of Canadian major media and the Charter, a number of ways in which Canadian legislatures have placed limits on expressive freedom with a view to achieving public policy ends. What are these limits, and what policy interests do they serve? How have our legislatures, our courts, and our media tried to reconcile values of expressive freedom, personal privacy, fair trial rights, commercial free speech, and related values, and to what extent are the results consistent with the Charter? We will also explore certain defamation issues; the interaction between copyright and expressive freedom; and calls for limitations on media concentration of ownership. There will be substantial emphasis on decisions of the Supreme Court of Canada, and on the strengths and weaknesses of the conceptual framework brought by the Supreme Court to its analysis of section 2 (b) of the Charter. (To be offered jointly with LAW-675.) Not offered 2010-2011.

LAW-859*

Miscarriages of Justice

This seminar is focused on emerging problems related to miscarriages of justice in Canadian criminal law. In the wake of famous cases such as Marshall, Milgaard, Morin and Sophonow, we explore the systemic causes of wrongful convictions in Canada. The suggested primary causes of wrongful convictions are examined, including police misconduct in the investigative process (with special emphasis on interrogation tactics); prosecutorial misconduct; ineffective assistance of counsel and its relation to wrongful conviction; and fallibility of professional and lay decision-makers in the process. The role of the media in uncovering or "creating" wrongful convictions is given separate consideration. Traditional institutional responses to wrongful convictions are evaluated, such as the efficacy of appellate review, Ministerial reviews under s.690, Royal Prerogative of Mercy, commissions of inquiry and the possibility of an independent tribunal designed and created to address wrongful convictions (as is the case in England with the Criminal Cases Review Commission). (To be offered jointly with LAW-679.) Not offered 2010-2011.

LAW-862*

Collective Agreement and Arbitration

This course examines the collective agreement and its enforcement through grievance arbitration. Topics such as discharge and discipline, seniority, management rights, interpretation techniques, promissory estoppel, remedial powers of arbitrators, and the impact of employment-related statutes are studied. Evidentiary and procedural problems, and the connections between arbitration and the general legal system, are covered. (To be offered jointly with LAW-562.) Three term-hours; Winter. D. Carter. PREREQUISITE: LAW-560 Labour Law or permission of the instructor.

LAW-863*

Secured Transactions and Insolvency

This course offers an examination of the laws governing the creation, perfection, and enforcement of secured transactions, as well as of the problems faced by creditors and debtors in situations of individual and corporate insolvency. (To be offered jointly with LAW-452.) Not offered 2010-2011.

LAW-864*

Municipal Law

This courses examines the structure, powers and functions of local government institutions in Canada. Among the particular questions to be examined are: What is the place of municipalities in the Canadian constitutional order? How are municipalities formed and how are their boundaries altered?How do municipalities address issues that have a regional scope? What are the mechanisms of land use control?The judicial, legislative and administrative responses to these questions will be examined in light of normative debates about the nature and purposes of local government regulation. (To be offered jointly with LAW-465). Not offered 2010-2011.

LAW-865*

Comparative Labour Law

Through a study of some of the major differences between the Canadian and Western European systems of labour law and industrial relations, this course attempts to encourage a broader and more critical understanding of the Canadian system. (To be offered jointly with LAW-565.) Not offered 2010-2011. PREREQUISITE: LAW-560 Labour Law or permission of the instructor.

LAW-866*

Industrial Dispute Law

An advanced seminar on collective bargaining law. Among the topics which may be covered are: the law of certification, collective bargaining, unfair labour practices, industrial conflict, and the job rights of strikers; the historical significance and current relevance of the tort law of industrial disputes; dispute resolution in essential services; and the law of internal union affairs. Other topics which meet the course objectives will be added or substituted, to accord with the experience or the research interests of students. (To be offered jointly with LAW-566.) Not offered 2010-2011. PREREQUISITE: LAW-560 Labour Law or permission of the instructor.

LAW-867*

Individual Employment Relationship

This course focuses on the regulation of the employment relationship other than through the application of collective bargaining laws. The application of the common law to the large percentage of employees not covered by collective agreements, with special emphasis on wrongful dismissal. The impact on the workplace of human rights legislation, pay equity legislation, employment equity legislation, and minimum standards legislation. (To be offered jointly with LAW-567.) Three term-hours; Fall. J.E. Regenbogen & Goodman.

LAW-868*

The law of copyright, that is, the protection of artistic, musical, literary, dramatic and other works under the federal Copyright Act. The course provides an introduction to the wider field of Intellectual Property, including consideration of the relation of Copyright to other specific fields of intellectual property law such as Patent, Trademark and Industrial Design, and Copyright's relation to common law and equitable rules governing Unfair Competition. The topics covered will include some or all of: fundamental principles of copyright, subject matter of copyright protection, ownership of, and dealing with copyright including the collective administration of copyrights, the extent and nature of protection including 'moral rights', and 'neighbouring' rights. As well as the historical and contemporary importance of the traditional forms of protected works, the course will address the impact of changing technology, particularly computers and the Internet, on copyright theory and application. Topics will also include consideration of copyright law reform processes and proposals, and the international copyright regime, particularly as found in the Berne Convention and the work of the World Intellectual Property Organization. (To be offered jointly with LAW-468.) Three term-hours; Winter. B. Amani.

LAW-870*

Advanced Health Law

Medicine, Drugs, and Biotechnology Law: The course this year will have a particular focus on the way that pharmaceutical product developments and technological innovation in the health care field are legally governed through private and public law. We will analyze drug liability and the regulation of the pharmaceutical industry's research, reporting and marketing; the regulation of human subject experimentation through international guidelines and research ethics boards; class actions; and the extent to which the state can limit medical and technological innovation. Research on broadly related topics such as the history of biomedical experimentation, the linking of health and human rights, and the regulation of reproductive and genetic technologies will be possible within this course. (To be offered jointly with LAW-556.) Not offered 2010-2011.

LAW-871*

Immigration and Refugee Law

This course will provide an overview of the theoretical, historical, constitutional and policy underpinnings of Canadian immigration law. We will consider the legislative reforms implemented in the Immigration and Refugee Protection Act across the full range of immigrant and refugee categories. Key jurisprudence as well as critical and comparative perspectives will be considered throughout the course. (To be offered jointly with LAW-471.) Three term-hours; Fall. S. Aiken.

LAW-872*

International Financial Regulation

The twentieth century saw a rise in the creation of global or multinational econo-financial structures intended to govern or regulate econo-financial relations between nations. These include, among others, the International Monetary fund (IMF); the IBRD or World Bank, the European Community; and the various bodies of the United Nations such as the United Nations Conference on International Trade Law (UNCITRAL). There has also been a growth of global non-state structures or organizations such as the International Swap Dealers Association (ISDA) and the International Organization of Securities Commissions (IOSCO) that provide guidelines for its members. These efforts towards the international or global regulation of interstate econo-financial activity has given rise to a number of legal regimes or bodies of law that regulate international financial activity. The course, International Financial Regulation, will examine some of these legal regimes, and how they affect international financial transactions. Topics to be discussed include, the 1) Law of Electronic Funds Transfers; 2) Law of Swap Transactions; 3) Financing of International Trade; and 4) Law governing international or offshore bank deposit transactions. (To be offered jointly with LAW-544.) Not offered 2010-2011.

LAW-873*

Corporate Taxation

This is a transactional course which takes the students into the complexities of corporate and other business transactions. It will focus on corporate income taxation, but it will also cover partnership and trust taxation as alternative approaches to tax planning. Some attention will be paid to value-added and sales taxation, given the forthcoming federal reforms in sales taxation. (To be offered jointly with LAW-511.) Three term-hours; Winter. N. Tobias. PREREQUISITE: LAW-508 Taxation. LAW-440 Business Associations recommended.

LAW-874*

Family Law

This course addresses the basic principles governing the formation, operation and dissolution of the family in Canada. Specific topics to be considered are validity and annulment of marriage, rights and obligations of persons who cohabit outside marriage, gay and lesbian relationships, domestic contracts, domestic violence, support, custody and access to children, the law of divorce and ownership, possession and division of matrimonial property. (To be offered jointly with LAW-520.) Four term-hours. Fall: M. Bailey. Winter: M. Maur.

LAW-875*

Advanced Seminar in Family Law

An opportunity will be given to students to study a range of issues in family law in greater depth than is possible in the introductory course. (To be offered jointly with LAW-525.) Three term-hours; Winter. M. Bailey. PREREQUISITE: LAW-520 Family Law.

LAW-876*

Children's Law

This course will study legal issues related to the position of children in our society. The three major topics are child protection proceedings, adoption, and delinquency. Tactical and ethical concerns will be addressed, as well as substantive and procedural legal questions. The primary focus will be on representing parties to proceedings, but questions will also be considered from a broader social perspective. Problems will be approached from the point of view of a number of disciplines. (To be offered jointly with LAW-519.) Three term-hous; Winter. N. Bala. PREREQUISITE OR COREQUISITE: LAW-520 Family Law.

LAW-877*

Clinical Family Law

A limited number of students will be able to do clinical family law placements under the supervision of a faculty member. These placements may include some of the following: Family Court Clinic, Children's Aid Society, clerking with a unified Family Court Justice, and working with a family law practitioner. (To be offered jointly with LAW-521.) Three term-hours; Fall and Winter. N. Bala. PREREQUISITE: LAW-520 Family Law.

LAW-878*

Environmental Assessment Law

This advanced seminar provides a comprehensive examination of environmental assessment law, policy, and practice at both the federal and Ontario levels. Particular emphasis is placed on documentary and procedural requirements, and the course includes a mock environmental assessment proceeding. (To be offered jointly with LAW-518.) Not offered 2010-2011.

LAW-879*

International Financial Law and Regulation

This seminar course examines public and private aspects of the regulation of international financial activity. On the public side, it examines the globalization of finance and the efforts that have been made toward the international supervision and regulation of banking. On the private side, it examines i) the structure and process of offshore banking and finance and ii) the common law rules and other regulations that govern offshore banking and financing activity. (To be offered jointly with LAW-544.) Not offered 2010-2011.

LAW-880*

Legal Theory & Perspectives Seminar

This mandatory Graduate Seminar will address a range of topics including an introduction to major themes in current jurisprudence; the role of human rights and constitutional law in responding to modern social issues; and the development and application of law in a diverse and globalized world. Three term-hours; Fall. P. Goldman.

LAW-881*

Legal Research & Writing Seminar

This mandatory Graduate Seminar will develop the research and writing skills of students. Students will be required in this course to give presentations related to their Graduate Research Project in progress. Three term-hours; Fall and Winter. N. McCormack.

LAW-882*

Legal Education & Pedagogy Seminar

This optional Graduate Seminar will consider issues in legal education and pedagogy. There will be presentations by invited faculty members. Using materials, problems and simulated exercises, graduate students will develop skills in teaching law to both large classes and small seminars. Priority for enrollment will be given to LL.M. students, but a limited number of J.D. students may be admitted. (To be offered jointly with LAW-382). Not offered 2010-2011.

LAW-883*

Social Science Research Methods Seminar

This optional Graduate Seminar will consider how legal scholars, lawyers and judges use social science research. As the study of law and growth of legal scholarship becomes more inter-disciplinary and cross-disciplinary, the need to deal with social science material is increasing. This course will have a mandatory component designed to teach students how to read, understand and work with the results of social science methodologies. There will also be an optional component which will give students an opportunity to learn how to use basic statistical methods. Priority for enrollment will be given to LL.M. students, but a limited number of LL.B. students may be admitted. (To be offered jointly with LAW-383). Not offered 2010-2011.

LAW-884*

Graduate Individual Supervised Project (GISP)

Under faculty supervision, a student may be permitted to undertake an independent study. The nature of the work is to be agreed upon between the faculty supervisor and the student, but it will usually involve a significant written project (25-35 pages) or several shorter pieces of writing; The topic of this study may be a topic related to a graduate student’s thesis or Graduate Research Project, but it may not duplicate that project. Graduate students may do more than one GISP.

LAW-885*

Private Law Theory

This seminar will explore selected topics in the theory of the private law. Private law theory is concerned with explaining the nature and basis of the rights and obligations that issue from the law of contract, tort, restitution, and property. (To be offered jointly with LAW-315.) Three term-hours; Not offered 2010-2011.

LAW-886*

Conflict of Laws

A study of the circumstances in which the usual solutions to legal problems are modified because of the existence of significant foreign elements, for instance, a person living, an event happening or a thing being located in another province or country. The course covers three general areas. First, the circumstances in which courts take jurisdiction in cases having foreign elements; second, the circumstances in which courts recognize foreign judgments as decisive of questions in dispute; third, the circumstances in which courts modify ordinarily applicable law because of different foreign laws. Problems covered come mainly from family law, property, contracts, torts and succession. (To be offered jointly with LAW-550.). Three term-hours; Winter. M. Bailey.

LAW-888*

Administrative Law

The primary focus of the course will be on the relationship between the courts and the executive and administrative branches of government; and on the role of judicial review of administrative action in the Canadian constitutional and governmental framework. In this context, the course will examine in detail the major bases for judicial review of administrative action - ultra vires action, jurisdictional error, abuse of discretion, error of law and procedural unfairness. As well, the various remedies, both common law and statutory, for unlawful administrative action will be considered. (To be offered jointly with LAW-427). Four term-hours;Fall: S. Aiken. Winter: S. Corbett

LAW-889*

Corporate Finance

This seminar will examine the legal and policy issues that arise when business enterprises seek to raise money to finance existing or proposed activities.Forms of enterprise to be examined include individual entrepreneurs, partnerships, private corporations, public corporations, not-for-profit corporations, co-operatives, and trusts.Sources of financing for business to be examined include family, friends, community, governments, fourth pillars, venture capitalists, mutual funds, pension funds, banks, insurance companies and other financial institutions.The seminar will examine both the theory and practice of corporate finance, as well as broader public policy issues and concerns. (To be offered jointly with LAW-512). Three-term hourse; Winter. J. Connidis.

LAW-890*

International Labour Law

This course focuses on international labour law as a response to globalization. It will introduce students to the main legal and policy issues surrounding labour law in the international context. Topics will include the multilateral system of workers rights (the International Labour Organization and international human rights conventions), regional systems of worker rights (the European Union, the NAFTA), the relationship between labour standards and international trade law, and corporate social responsibility and codes of conduct as alternatives to international legal regulation of work. (To be offered jointly with LAW-559). Three term-hours; Winter. K. Banks.

LAW-891*

Law and Economics

The interaction between economics and law has provided a theoretical perspective that has significantly influenced the way that law is conceptualized and analyzed. The tools of economic analysis also provide one means of critically examining the way that law functions and thinking about how we might want to design laws to better achieve the social objectives that underpin them. This course will involve both study and critique of the law and economics approach to legal theory and legal analysis. Three term-hours; Fall. C. Metcalf.

LAW-892*

Legislatures and Legislation

This course explores topics concerning legislation, legislatures and legislators through the lens of the ideas of democracy, constitutionalism, deliberation, and interpretation. The course combines research on practical legal issues with a theoretical exploration of law making. (To be offered jointly wtih LAW-222). Three term-hours; Not offered 2010-2011.

LAW-893*

Comparative Legal Traditions

This course will introduce the students to legal traditions of the world. The aim of the course is to better enable students to participate in a global society by becoming more aware of the different legal traditions around the world and within Canada. Legal traditions that may be discussed are: indigenous, Talmudic, civil law, Islamic, common law, Hindu and Asian. Themes that may be considered are: the concepts of legal culture and tradition, comparative law and method, legal pluralism, multiculturalism, the decline of the homogenous nation-state and the rise of the decentralized state whose citizens have multiple loyalty references, and the impact of globalisation on the law. (To be offered jointly with LAW-650). Not offered in 2010-2011.

LAW-894*

Advanced Contract Law

Contracts and the law that governs them are fundamental to economic life in our society, and there is scarcely an area of legal practice in which issues of contract law do not figure. Advanced Contract Law builds on foundations laid in the introductory study of contract law, broadening and deepening the student’s knowledge of this richly-textured subject. The course will cover a selection of advanced issues in contract law. Examples of topics that may be covered in any given year include: illegality; agency; assignment; contractual construction; good faith; implied terms; paternalism and the problem of standard forms; unconscionability; economic duress; the interaction of contract with tort and restitution; the estoppels(equitable; conventional; in pais; proprietary). The course will be structured around readings drawn primarily from cases decided by common law courts here and abroad, and also from the scholarly literature. (To be offered jointly with LAW-458.) Not offered 2010-2011.

LAW-895*

Criminal Law Theory

This course will explore the role of law as a coercive institution. In particular, we will focus on the most drastic and most obvious institution of state coercion – the criminal law. In order to understand this role better, we will explore two related themes: the primacy of legal rules and the secondary, supporting function of punishment; and the importance of ideas of fault and responsibility in criminal law. In order to understand the later discussion of punishment, fault and responsibility, we will begin with an introduction to the structure of law as a system of rules. We will distinguish traditional notions of punishments as threats (Austin) or prices (Holmes) and the response of H.L.A. Hart in The Concept of Law emphasizing the centrality and independence of legal rules. We then move to the central problems concerning fault and responsibility in Canadian criminal law. We will focus particularly on two issues: the application of objective fault standards and the appropriate structure of defenses such as self-defense, duress and necessity. In this discussion, we will also consider how and why we ought to treat the concept of fault differently in the criminal and civil contexts. (To be offered jointly with LAW-399.) Not offered 2010-2011.

LAW-896*

Criminal Procedure

Procedural dimensions of the criminal justice system are critically examined. The pervasive impact of the Canadian Charter of Rights and Freedoms is fully integrated and assessed. The pre-trial section includes police power to search and arrest, legal and illegal police discretion, show cause hearings (bail), the right to counsel, prosecutional powers and discretion and plea bargaining. Trial topics are jurisdiction, election, formal objections, joint trials, pleas, the doctrine of included offences, double jeopardy, preliminary inquiries, direct indictment, discovery and the unique features of trial by jury. At the post-trial stage, sentence and appellate options and the prerogative writs are briefly explored. (To be offered jointly with LAW-404). Four term-hours; Fall. D. Stuart.

LAW-897

Graduate Paper

Graduate Paper (35-40 pages in length – about 12,000 words) under the supervision of a faculty member on a topic to be mutually agreed.

LAW-898

Substantial Graduate Research Project

Substantial Graduate Research Project (50 - 70 pages in length – about 20,000 words) under the supervision of a faculty member, and normally within one of the advertised areas of Masters in Law Graduate Concentration. Upon completion, the student will give an oral presentation to a faculty evaluative Committee consisting of three members (including the supervisor).

LAW-899

Master’s Thesis Research

A Masters Thesis (90 - 130 pages in length – about 35,000 words) written under the supervision of a faculty member, and within one of the advertised areas of Masters in Law Graduate Concentration. Upon completion, the student will defend the thesis before a Committee of the School of Graduate Studies composed of three faculty members from Law (including the supervisor), an external expert (from within the University or another Law Faculty) and the Chair.

LAW-900*

Public Health Law

Public Health Law has emerged recently as a distinct field, as the threat of contagious diseases such as SARS has grown with globalization, and as tobacco, food and drug-related illnesses, and the environment have been recognized as significant factors affecting human health. This course examines the role of law in promoting public health and its core value of social justice. Collective protections such as those found in the revised International Health Regulations will be examined in relation to individual rights, including rights to the benefits of such health promotion activities. By analyzing such questions as mandatory immunization, advertising limitations, compulsory disclosure of personal information, quarantine and the use of emergency powers to counter biological warfare, the course explores the intersection of health, law and policy, provides a foundation of legal understanding of Canadian and global health law, and assesses the legal role in promoting the fair and equitable conditions necessary for public health. (To be offered jointly with LAW-304.) Three term-house; Winter. P. Peppin.

LAW-907*

Law and Sexuality

This interdisciplinary seminar is will focus on the legal status and civil rights of lesbian women, gay men, and other sexual minorities in Canada and other countries. It will include a consideration of employment law, estate planning and property rights of lesbians and gays, domestic law relating to same-sex relationships and partnership benefits, violence against lesbians and gays, race, gender and discrimination/constitutional law. The emphasis in the seminar will be on the development of a multi- and interdisciplinary perspective on this area of study, and will employ traditional research resources as well as emerging computer resources in the collection of materials. The course will be suitable for non-law students who have an interest in the contemporary or historical status of lesbian women, gay men and other sexual minorities, and previous study of law will not be required for enrolment. (To be offered jointly with LAW-516.) Not offered 2010-2011.

LAW-941*

International Humanitarian Law (Military Law)

International Humanitarian Law, also known as the Law of Armed Conflict, determines the conditions under which states may resort to the use of armed force and how they may conduct hostilities during armed conflicts. This is a basic course that focuses on the regime of international instruments that limit the use of force between sovereign states and also between states and non-state actors, specifically the Law of The Hague and the Law of Geneva and the Additional Protocols. Particular emphasis will be placed on the problems of the treatment of detainees, the identification of combatants and non-combatants in post-modern warfare, and the protection afforded to civilians and civilian objects in a theatre of operations. In addition, students will examine the legal basis of Canada’s participation in contemporary conflicts. (To be offered jointly with LAW-549). Not offered 2010-2011. PREREQUISITE: International Law (LAW-812*) recommended

LAW-946*

European Union Law

This course examines the constitution and laws of the European Union (EU).Topics to be considered include: the constitutional structure of the EU, the role of the European Court of Justice, the relationship between EU Law and the domestic laws and courts of members states, EU human rights law, and the law on free movement of goods, workers, and services. Larger issues of theory and policy will also be considered, including the ideas of sovereignty, economic integration, and international cooperation. Three term-hours; Not offered 2010-2011.

LAW 999

Ph.D. Thesis Research

Doctoral research in law under the supervision of a law faculty supervisor and a supervisory committee consisting of two other faculty members (one of whom may be from a university department or faculty outside the law faculty).

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