March 23, 2016

To: Dean Ed Iacobucci

From: Associate Dean Kerry Rittich, Chair

RE: Short-Term Curriculum Committee – Final Report

Committee Members: D. Sanderson, V. Chiao, A. Anand, R. Stacey, S. Faherty, A. Gershoig, S. Burger

List of upper year courses

We expect to offer the upper year courses and seminars listed in Appendix A.

New courses

The following new courses will be offered in 2016-17. For course descriptions, please see Appendix B.

Constitutional Advocacy

Housing Law and Policy

Insolvency Law (Research Capstone)

Intensive Course: Governing Cities: Globalization, Decentralization, Privatization

Intensive Course: Indigenous Law in Context

Intensive Course: Languages, Cultures, and the Constitution

Intensive Course: Transnational Anti-Corruption Law

Intensive Course: US Securities Regulation

Law and Revolution

Legal Ethics

LLM Seminar

LLM Seminar, Additional Skills-Based Modules

Mental Health and the Law

Racial Politics and the Law

Courses not offered in 2016-17

The following courses were offered in 2015-16 but will not be offered in 2016-17. In the majority of

cases, this is because the professor is on leave or is offering other courses instead. An asterisk indicates

courses that are routinely offered on an alternate-year basis and that we expect to offer again in 2017-

18. Intensive courses offered in 2015-16 are omitted from the list.

Aboriginal Peoples and Canadian Law Practicum

Advanced Corporate Law & Securities Regulation

Advanced Family Law: Resolving the Family Law Case*

Advanced Topics in Labour and Employment Law

Comparative Constitutional Law and Politics

Comparative Law Theory*

Copyright Law

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Digital Media Distribution

Economic Torts

Education Law

Feminist Theory: Challenges to Legal and Political Thought

From Blueprints to Buildings: Legal Issues in the Construction Industry*

International Taxation

Introduction to Animals and the Law*

Introduction to Islamic Law

Judicial Decision-Making

Labour Law Writers Workshop: Reforming Ontario Labour and Employment Law

Law and Policy of Public-Private Partnerships*

Law, Institutions and Development

Legal Archaeology: Studies in Cases in Context

Legal Ethics and Lawyer Regulation Intensive (LAW287H1F)

Mentally Disordered Accused*

Patent Law for the Life Sciences

Perspectives on Civil Litigation, Procedure and Professionalism*

Pharmaceutical Law and Governance: Canadian and Global Perspectives

Public Health Law in Canada: The Role of the State, Law and Human Rights

Public Sector Labour Law

Regulating Energy: Challenges and Opportunities

Reproductive Health Law in Transnational Perspective

Restructuring Work and Care: Family, State and Market in Times of Crisis

Restructuring Work and Care: Family, State and Market in Times of Crisis (Research Capstone)

Securities Law in the Adversarial Setting

Shareholder Activism

Youth, Children and the Law: Age-based Legal Analysis

Lists of courses satisfying new graduation requirements

Students graduating in 2015 or later must, in order to graduate, comply with a “Legal Ethics and

Professionalism” requirement and take at least one “Business Organizations Law” course. The following

courses may be taken in satisfaction of these requirements and are expected to be offered in 2016-17.

Legal ethics and professionalism Legal Ethics (LAW362H1F)

Legal Ethics (LAW362H1S) (NEW)

Ethics in the Business Law Setting (LAW525H1F)

Ethical Issues in Alternative Dispute Resolution (LAW521H1S)

Business organizations law Business Organizations (LAW212H1H)

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Appendix A: List of upper-year courses Aboriginal Peoples and Canadian Criminal Justice (LAW477H1F)

Aboriginal Peoples and Canadian Criminal Justice Practicum (LAW478H1F)

Aboriginal Peoples and Canadian Criminal Justice Practicum (LAW478H1S)

Aboriginal Peoples and Canadian Law (LAW370H1S)

Administrative Law (LAW202H1F) (0101)

Administrative Law (LAW202H1F) (0102)

Administrative Law (LAW202H1S)

Admiralty Law (LAW203H1F)

Advanced Civil Procedure (LAW317H1F)

Advanced Constitutional Law: Security and Remedial Issues (LAW541H1F)

Advanced Contracts: The Law of Contractual Interpretation (LAW317H1F)

Advanced Criminal Procedure and Charter Issues (LAW413H1S)

Advanced Labour: Bargaining Rights

Advanced Legal Research, Analysis and Writing (LAW307H1F) (0101)

Advanced Legal Research, Analysis and Writing (LAW307H1F) (0102)

Advanced Legal Research, Analysis and Writing (LAW307H1S)

Advanced Private Law: Categories and Concepts (LAW230H1S)

Advanced Torts (LAW206H1S)

Alternative Approaches to Legal Scholarship (Graduate) (LAW245H1F)

Alternative Dispute Resolution in the Legal Environment

Art of the Deal (LAW300H1F)

Bankruptcy Law (LAW408H1F)

Business Organizations (LAW212H1F) (0101)

Business Organizations (LAW212H1F) (0102)

Business Organizations (LAW212H1S)

Canadian Income Tax Law (LAW284H1F)

Canadian Income Tax Law (LAW284H1S)

Canadian Legal History (LAW354H1F)

Canadian Legal Methods and Writing (LAW395H1S)

Canadian Migration Law (LAW456H1F)

Capstone Course: The Role of the Judge (LAW603H1F)

Citizenship: Inside and Out (LAW261H1F)

Class Actions Law and Practice (LAW401H1F)

Climate Change Law (LAW269H1S)

Clinical Legal Education: Aboriginal Legal Services of Toronto (0104) (LAW248Y1Y)

Clinical Legal Education: Advocates for Injured Workers (0101) (LAW248Y1Y)

Clinical Legal Education: Appellate Criminal Litigation Externship (LAW315H1S)

Clinical Legal Education: Barbra Schlifer Clinic (0102) (LAW248Y1Y)

Clinical Legal Education: Barbra Schlifer Clinic (LAW728H1F)

Clinical Legal Education: Barbra Schlifer Clinic (LAW728H1S)

Clinical Legal Education City of Toronto: Municipal Government Lawyering (LAW565H1S)

Clinical Legal Education: Connect Legal (LAW559H1F)

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Clinical Legal Education: Connect Legal (LAW559H1S)

Clinical Legal Education: David Asper Centre Clinic Practicum (LAW392H1S)

Clinical Legal Education: David Asper Centre for Constitutional Rights (LAW391H1F)

Clinical Legal Education: David Asper Centre Half-Time Clinic (LAW729H1S)

Clinical Legal Education: DLS – Full Time Program (Clinic) (LAW402H1F)

Clinical Legal Education: DLS - Full Time Program (Clinic) (LAW402H1S)

Clinical Legal Education: DLS - Full Time Program (Paper) (LAW562H1F)

Clinical Legal Education: DLS - Full Time Program (Paper) (LAW562H1S)

Clinical Legal Education: DLS - Criminal Law Clinic - Part-time Program (0101) (LAW209H1F)

Clinical Legal Education: DLS - Criminal Law Clinic - Part-time Program (0101) (LAW209H1S)

Clinical Legal Education: DLS - Family Law Clinic - Part-time Program (0102) (LAW209H1F)

Clinical Legal Education: DLS - Family Law Clinic - Part-time Program (0102) (LAW209H1S)

Clinical Legal Education: DLS - Refugee and Immigration Law Clinic (0103) (LAW209H1F)

Clinical Legal Education: DLS - Refugee and Immigration Law Clinic (0103) (LAW209H1S)

Clinical Legal Education: DLS - Tenant Housing Clinic (0104) (LAW209H1F)

Clinical Legal Education: DLS - Tenant Housing Clinic (0104) (LAW209H1S)

Clinical Legal Education: DLS - University Affairs Clinic (0105) (LAW209H1F)

Clinical Legal Education: DLS - University Affairs Clinic (0105) (LAW209H1S)

Clinical Legal Education: International Human Rights Clinic (LAW548H1F)

Clinical Legal Education: International Human Rights Clinic Practicum (LAW538H1F)

Clinical Legal Education: International Human Rights Clinic Practicum (LAW538H1S)

Clinical Legal Education: International Human Rights Clinic Half-Time (LAW718H1S)

Clinical Legal Education: Structural Genomics Consortium Externship (LAW396H1S)

Community Planning: Problems in Urban Policy and Land Use Regulation (LAW224H1S)

Competition Law and Intellectual Property (LAW579H1F)

Competition Policy (LAW213H1S)

Constitutional Advocacy (NEW) - Fall

Constitutional Law of the United States (LAW333H1S)

Contested Corporate Transactions - Mergers and Acquisitions

Corporate Income Tax (LAW310H1S)

Corporate Transactions (LAW530H1S)

Crime & Punishment: Mandatory Minimums, The Death Penalty & other Current Debates

(LAW251H1F)

Current Problems in Contract Law (LAW543H1S)

Digital Content and the Creative Economy (LAW450H1S)

Directed Research - Graduate Students only (LAW291H1F)

Directed Research - Graduate Students only (LAW291H1S)

Directed Research Program (LAW291H1F)

Directed Research Program (LAW291H1S)

Directed Research Program (LAW291Y1Y)

Discrimination Law (LAW410H1F)

Economic Analysis of Law (LAW483H1S)

Economic and Social Regulation (LAW330H1S)

Entertainment Law (LAW255H1S)

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Environmental Law (LAW239H1F)

Environmental Law Practicum (LAW238H1S)

Ethical Issues in Alternative Dispute Resolution (LAW521H1S)

Ethics in the Business Law Setting (LAW525H1F)

Evidence Law (LAW241H1F)

Evidence Law (LAW241H1S)

Exploring the Intersections of Law and Social Work (LAW345Y1Y)

Externship Seminar (LAW520H1F)

Externship Seminar (LAW520H1S)

Family Law (LAW244H1F)

Family Law (LAW244H1S)

Finance, Business and Accounting in the Law (LAW250H1F)

Financial Crimes and Corporate Compliance (LAW325H1F)

Foundations of Legal Theory (LAW578H1S)

Franchise and Distribution Law (LAW499H1S)

Freedom of Expression and Press (LAW346H1F)

Health Law and Bioethics (LAW267H1F)

History and Theory of the Common Law (LAW540H1S)

Housing Law and Policy (NEW) spring

Insolvency Law (Research Capstone) (NEW) spring

Intellectual Property: Copyright, Trademark and Patent (LAW384H1F)

Intensive Course: An Introduction to the Contemporary Chinese Legal System (LAW265H1F)

Intensive Course: Good Judgment: The Role of an Appellate Judge (LAW711H1S)

Intensive Course: Governing Cities: Globalization, Decentralization, Privatization (NEW) Fall

Intensive Course: Indigenous Law in Context (NEW) Fall

Intensive Course: Languages, Cultures, and the Constitution (NEW) Fall

Intensive Course: Proportionality, Constitutional Rights And Their Limitations (LAW338H1F)

Intensive Course: Transnational Anti-Corruption Law (NEW) Fall

Intensive Course: US Securities Regulation (NEW) spring

Intensive Course: Who Belongs? Dilemmas of Citizenship and Immigration (LAW724H1S)

International Commercial and Investor-State Arbitration

International Courts and Tribunals (LAW353H1F)

International Criminal Law: Genocide, Crimes against Humanity, & War Crimes (LAW385H1S)

International Environmental Law (LAW225H1S)

International Human Rights Law & Global Health: The Right to Health in Theory and Practice

International Human Rights Law (JPJ2048) (LAW294H1S)

International Investment Law (LAW235H1S)

International Trade Regulation (LAW285H1F)

Investment and Growth in Emerging Markets (LAW278H1S)

Issues in Aboriginal Law and Policy (LAW281H1S)

Journal: Critical Analysis of Law - An Int’l & Interdisciplinary Law Review (LAW479Y1Y)

Journal: Indigenous Law (LAW494Y1Y)

Journal: International Law and International Relations (LAW580Y1Y)

Journal: Law and Equality (LAW493Y1Y)

Journal: University of Toronto Faculty of Law Review (LAW380Y1Y)

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Kant’s Philosophy of Law (LAW213H1S)

Labour and Employment Law (LAW263H1S)

Law and Literature (English 6552H) (LAW355H1F)

Law and Policy of Biotechnology (LAW581H1F)

Law and Revolution (NEW) Fall

Law of International Business & Finance Transactions (LAW371H1S)

Legal Ethics (LAW362H1F)

Legal Ethics (LAW362H1S) NEW

Litigation and Social Change (LAW316H1F)

Looking Ahead: The Blurred Lines of Technology, Body and Mind (LAW337H1S)

LLM Seminar (NEW) Fall

LLM Seminar, Additional Skills-Based Modules (NEW) Fall

LLM THESIS (LAW9999YY)

Media and Defamation Law (LAW369H1S)

Mental Health and the Law (NEW) spring

Moot - Arnup Cup Competition - (0101) (LAW430H1S)

Moot - Callaghan Competitive Program (0102) (LAW430H1S)

Moot - Canadian Labour Arbitration Competition (0101C) (LAW430H1S)

Moot - Competitive Moot Coach (LAW440H1S)

Moot – Corporate Securities Competitive Program - (0101A) (LAW430H1S)

Moot - Donald G. Bowman Tax Competitive Program (0101E) (LAW430H1S)

Moot - Gale Competitive Program - (0103) (LAW430H1S)

Moot - Grand Moot Competitive Program (LAW430H1F)

Moot - Harold G. Fox Intellectual Property Competitive Program (0101D) (LAW430H1S)

Moot - Isaac Diversity Competitive Program (0101F) (LAW430H1S)

Moot - Jessup Competitive Program - (0101) (LAW430Y1Y)

Moot - Kawaskimhon Moot Competitive Program & Advanced Aboriginal Studies Competitive

Prog. (LAW331Y1Y)

Moot - Laskin Competitive Program (0104) (LAW430H1S)

Moot - Upper Year (LAW432H1S)

Moot - Walsh Family Law Competitive Program - (0101G) (LAW430H1S)

Moot - Warren K. Winkler Class Actions (LAW434H1S)

Moot - Willms & Shier Environmental Law Competitive Program (0105) (LAW430H1S)

Moot - Wilson Competitive Program - (0101B) (LAW430H1S)

Negotiation (LAW272H1F)

Negotiation (LAW272H1S)

Patent and Trade Secrets Law (LAW332H1S)

Privacy Problems (LAW545H1F)

Private International Law (LAW218H1S)

Private Pensions, Public Responsibilities: Law & Regulation of the Canadian Pension System

(LAW390H1S)

Public International Law (LAW252H1F)

Racial Politics and the Law (NEW) spring

Real Estate Law (LAW275H1)

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Religion and the Liberal State: The Case of Islam (RLG3501H) (JPJ2029H) (LAW321H1F)

Roman Law (L2001) (CLA336H1F)

Scientific Evidence: Its Use and Abuse in the Law (LAW465H1F)

Secured Transactions (LAW318H1S)

Securities Regulation (LAW293H1F)

Securities Regulation (LAW293H1S)

Sentencing and Penal Policy (CRI 3355H1F) (LAW323H1F)

Sports Law (LAW256H1F)

Statutes and Statutory Interpretation (LAW445H1F)

Statutes Practicum: Legislative Assembly, Standing Committee on Regulations & Private Bills

(LAW454H1S)

Student Scholarship Workshop (LAW505H1F)

Supervised Upper Year Research Paper (SUYRP) (LAW599H1F)

Supervised Upper Year Research Paper (SUYRP) (LAW599H1S)

Tax Disputes and Litigation (LAW575H1F)

Telecommunications and Internet Law (LAW223H1)

The Constitutional Law of Criminal Procedure (LAW232H1F)

The Law and the Psyche (LAW536H1S)

Theory of the Private Law (LAW368H1F)

The Supreme Court of Canada: The Search for Justice (LAW227H1S)

Topics in Contract Law and Contract Theory (LAW226H1S)

Topics in Copyright Law and Copyright Theory (LAW359H1S)

Trial Advocacy (LAW205H1F)

Trusts (LAW233H1F)

Trusts (LAW233H1S)

Wills and Estate Planning (LAW340H1S)

Workshop: Contemporary Issues in Aboriginal Law (LAW484Y1Y)

Workshop: Contemporary Issues in Health Law, Ethics and Policy (LAW501Y1Y)

Workshop: Critical Analysis of Law (LAW221Y1Y)

Workshop: Innovation Law and Policy (LAW365Y1Y)

Workshop: Law and Economics Seminar (LAW399Y1Y)

Workshop: Tax Law and Policy (LAW211Y1Y)

Youth Criminal Justice (LAW311H1S)

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Appendix B: New courses

Constitutional Advocacy

Lorraine Weinrib First Term: 3 credits; 3 hours Maximum Enrolment: 25 students This course combines advanced study of constitutional theory, law and legal practice to develop the

hands-on skills necessary for successful public interest advocacy, with emphasis on written and oral

argument.

Class meetings will replicate the experience of litigating constitutional issues from different

perspectives, as the initiator who must conceptualize one particular case or a series of sequenced cases,

as a government lawyer defending against constitutional challenges on a regular basis, and as a lawyer

engaged in public interest advocacy, such as pro bono interventions for a public interest group or

submissions to a legislative committee. Practitioners will attend classes to demonstrate and inculcate

these different perspectives.

Students will build the skills to analyze the materials produced in litigated cases, including videos of oral

argument in the Supreme Court. They will also engage in case simulations calling for the translation of

theoretical and strategic insights into clear, succinct and persuasive argumentation, both oral and

written. The course will focus on the optimal use of the factual record (adjudicative and social facts as

well as legislative history) to support legal argument; the different challenges posed by written and oral

argument, including the creation of a courtroom persona; the art of effective opening and closing

statements; and effective responses to judges’ questions, including tailoring answers to particular

judges. It will also offer practical tips on creating opportunities for and funding of constitutional

advocacy.

Evaluation: will be based on class attendance and participation (10%); a variety of in-term written work

based on class readings and exercises (40%); and a final project (50%). The total word count for written

assignments will be 5,500 words.

Term work: Skills building advocacy exercises, short assignments in written and oral advocacy, and class

participation.

Final project: Students will meet with the instructor to develop their final project. Proposals for group

projects are welcome. Here are three examples.

1) preparation of written and/or oral advocacy in a simulated case (or simulated appeal from a judgment

in a Canadian or foreign case), with the option of a mini-moot.

(2) critical assessment of the strengths and weaknesses of the litigation elements of a Supreme Court of

Canada case, based on examination of the written arguments submitted and video recording of the oral

argument.

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(3) assessment of the strengths and weaknesses of interventions to the Supreme Court of Canada by a

particular public interest group in a number of cases, or by all the interveners in one case, such as the

Bedford or Carter cases.

Housing Law and Policy

Jim Phillips, Ben Ries Second Term: 3 credits; 2 hours Max. Enrol 30: 25 JD, 5 LLM/SJD/MSL/NDEGS/SJD U This course examines Canadian law and policy regarding the provision of rental housing and the

regulation of landlord-tenant relationships. Topics in the policy area will include the public provision of

subsidized and low-income housing, housing and the constitution, homelessness, and Canada’s

obligations under international agreements. Topics in the legal regulation of the rights and obligations of

landlords and tenants will include the extant and meaning of statutory covenants (principally those for

habitability, repair and maintenance), security of tenure, rent controls and eviction procedures. We will

also examine landlord and tenant administrative tribunals, especially the Ontario Landlord and Tenant

Board.

Evaluation: Research Paper – 6,000-7,000 words (80%).

Participation in Weekly Seminars (20%). This grade will be made up of attendance (5%), general

participation in classes (5%), and ‘enhanced participation’ in one class for which the student is ‘on call’,

that is, can be expected to answer questions and/or lead the discussion with the instructors (10%).

Insolvency Law (Research Capstone)

Anthony Duggan Second Term: 2 credits Max. Enrol: 5 JD

Pre-requisite: Bankruptcy Law

Course Note: Permission of the instructor required.

In this course, students will be required to write a 5,000 word paper (including footnotes), under the

instructor’s supervision on a CCAA (restructuring)-related topic. The instructor may select one or more

papers for entry in the Insolvency Institute of Canada’s Law Student’s Writing Awards Program. Details

of the competition can be found at

http://www.insolvency.ca/en/whatwedo/lawstudentwritingawardsprogram.asp

Students must clear their proposed topic with the instructor before registering for the course.

Evaluation: Research paper (100%).

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Intensive Course: Governing Cities: Globalization, Decentralization,

Privatization

Yishai Blank First Term: 1 credit; 14 hours Max. Enrol 25: 20 JD, 5 LLM/SJD/MSL/NDEGS/SJD U

Schedule: September 15 – 26, 2016

From managing immigration to combating climate change, from conducting foreign relations to

promoting economic development, cities throughout the world are rising to unprecedented power and

influence. This urban ascent takes place at the national, regional and global levels, and it involves cities’

profound reconfiguration from being state agents to semi-independent, semi-private global actors.

What has accompanied this transformation and made it possible, besides the rapid globalization and

urbanization that are taking place, has been the alignment of three legitimating discourses around the

desirability of city power: that of efficiency, that of democratic theory, and that of multiculturalism.

Despite their different intellectual trajectories and often conflicting policy implications, all three sets of

justifications seem to reach an agreement on the new and empowered role cities should play in various

national settings, as well as in global governance schemes.

The legal transformations that have accompanied and enabled this newly empowered urban role involve

novel modes of legal authorization and responsibilization, and a reshaping of the relationships among

cities, between cities and their states, and between cities and international and global actors. In this

Course we will investigate these legal and extra-legal developments through an examination of various

legal documents and institutions as well as socio-legal texts, and will focus on the transformations that

local legal regimes concerning localities (i.e., local government law) are undergoing (or are expected to

undergo) as a result thereof. These would include, among others, constitutional principles, political-

legislative rules, and judicial decisions from Canada, the United State, Israel, and the European Union.

We will also explore, finally, the idea of localities as “normative mediators” between various

communities, polities and nomoi.

Evaluation: Students will be required to write a paper of 2500 to 3000 words. Papers must be delivered

to the Records Office by 4:00 p.m. on October 17, 2016. Graduate students will be graded according to

the graduate grading scale.

Intensive Course: Indigenous Law in Context

John Borrows First Term: 1 credit; 14 hours Max. Enrol 20: 15 JD, 5 LLM/SJD/MSL/NDEGS/SJD U Schedule: September 8 – 11, 2016 This course introduces students to the sources and resources for practicing Indigenous law from a land-

based perspective. The class will take place at Neyaashiinigmiing, the Cape Croker Indian Reserve on the

Bruce Peninsula on Georgian Bay. Students will learn Anishinaabe law and legal tradition by on-site

reference to treaties, cases, stories, water, rocks, plants, and animals. As a course in outdoor legal

education students are expected to engage with Elders, Chiefs, Lawyers, Councilors and the landscape at

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Neyaashiinigmiing in active and respectful ways. Students will camp as a group on the First Nation's

Park lands and will spend their days learning in and around the community.

Evaluation: Students will be required to write a paper of 2500 to 3000 words. Papers must be delivered

to the Records Office by 4:00 p.m. on October 4, 2016. Graduate students will be graded according to

the graduate grading scale.

Intensive Course: Languages, Cultures, and the Constitution

Justice Michel Bastarache, Denise Reaume Second Term: 1 credit; 14 hours Max. Enrol 20: 15 JD, 5 LLM/SJD/MSL/NDEGS/SJD U

Schedule: October 24 – November 3, 2016

From the skeletal regime of language rights in the 1867 Constitution, through legislative changes

resulting from the work of the Bilingualism and Biculturalism Commission in the 1960s, to the further

entrenchment and expansion of language and cultural rights in the Charter, Canada’s legal history has

been marked by linguistic and cultural pluralism. But how well do we understand the principles that

have been invoked to justify this? And is the work of reflecting Canada’s linguistic diversity done?

The Supreme Court has said that, ‘language rights are a particular kind of right, distinct from the

principles of fundamental justice.’ (R. v Beaulac [1999]) But in what ways? Do they not aim to secure

interests that are matters of justice? Are they in some sense ‘group rights’ rather than individual rights?

Are they sensitive to numbers of claimants, or to broad considerations of public policy—features that,

according to some, have little place in fundamental rights? Or are protections for linguistic and cultural

difference not matters of principle at all, but only a temporary and contingent compromise among

conflicting political forces? Is there a justification for confining constitutional protections to French and

English, or should we do more? Which languages might be considered eligible for inclusion as official

languages? What should Canada’s language policy for the 21st century be?

Canada’s sesquicentennial year is an occasion for reviewing these central themes in our legal and

political history, and imaging the future.

Evaluation: Students will be required to write a paper of 2500 to 3000 words. Papers must be delivered

to the Records Office by 4:00 p.m. on November 24, 2016. Graduate students will be graded according

to the graduate grading scale.

Intensive Course: Transnational Anticorruption Law

Kevin Davis First Term: 1 credit; 14 hours Max. Enrol 25: 20 JD, 5 LLM/SJD/MSL/NDEGS/SJD U

Schedule: September 19 – 30, 2016

This course will provide an introduction to the increasingly important body of law that governs foreign

corrupt practices, including legislation such as the Foreign Corrupt Practices Act (USA), Corruption of

Foreign Public Officials Act (Canada), the Bribery Act (UK) and certain aspects of international law. In

addition to discussing the potential liability of firms, individuals and public officials, we will consider how

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firms and individuals can minimize the risk of liability as well as the justifications for extraterritorial

regulation in this area.

Evaluation: Students will be required to write a paper of 2500 to 3000 words. Papers must be delivered

to the Records Office by 4:00 p.m. on October 21, 2016. Graduate students will be graded according to

the graduate grading scale.

Intensive Course: US Securities Regulation

Paul Mahoney Second Term: 1 credit; 14 hours Max. Enrol 20: 15 JD, 5 LLM/SJD/MSL/NDEGS/SJD U

Schedule: January 30 – February 10, 2017

The course will cover the basics of the regulation of primary and secondary securities markets, issuers,

broker-dealers, and other market participants in the United States. The Securities Act of 1933 and the

Securities Exchange Act of 1934, enacted during the Great Depression of the 1930s, made securities

regulation a matter of federal government concern in the U.S. and continue to provide the basic

structure and concepts of securities regulation. We will study those statutes in some depth and look at

extensions of the regulatory system to new activities and actors through more recent statutes such as

the Sarbanes-Oxley Act and the Dodd-Frank Act. Throughout, the course will consider the cross-border

effects of the regulations and how Canadian issuers and financial intermediaries access the U.S. markets.

It will also note a few key distinctions between the U.S. and Canadian approaches to securities

regulation.

Evaluation: Students will be required to write a paper of 2500 to 3000 words. Papers must be delivered

to the Records Office by 4:00 p.m. on March 3, 2017. Graduate students will be graded according to the

graduate grading scale.

Law and Revolution

Hamish Stewart First Term: 3 credits; 2 hours Max. Enrol 25: 20 JD, 5 LLM/SJD/MSL/NDEGS/SJD U Is revolution—the (frequently violent) replacement of one legal order with another—compatible with

law? Some have argued that by its nature a legal order cannot contemplate being replaced, while others

have argued that the possibility of revolution is the ultimate guarantee of the legal rights of the people.

This seminar course will explore a number of questions related to this debate. How can law contemplate

the possibility of revolution? Can a revolution be brought about in accordance with law or in accordance

with legal values? Do legal values have any relevance in revolutionary situations? How can law

understand a non-violent revolution? What is the relevance of pre-revolutionary law in a post-

revolutionary legal order? What, if anything, does revolution do to law? Can thinking about revolutions

teach us anything about the nature of law? Readings may include texts by Locke, Kant, Marx,

Luxemburg, Pashukanis, Weil, Schmitt, Benjamin, Derrida, Agamben, Ackerman, and Berman.

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Evaluation: Contributions to classroom discussion (10%), five 250-word (one-page) comments on the

readings (25%), and a final paper of 5500 to 6500 words, involving careful reading of a text that was not

assigned for the class (65%).

Legal Ethics (LAW362H1S)

Markus Dubber, Ed Morgan Second Term: 3 credits; 2 hours Max. Enrol 90: 84 JD, 6 LLM/SJD/MSL/NDEGS/SJD U Note: This course satisfies the “Legal Ethics” graduation requirement.

Students taking this course may not enroll in LAW287H - Legal Ethics and Lawyer Regulation Intensive.

This course introduces students to legal ethics and professional responsibility. The foundations of ethical

reasoning, the Rules of Professional Conduct, and the principles and values which underlie legal ethics

will be examined. Topics to be considered may include: the solicitor-client relationship, the roles and

responsibilities of the advocate in civil and criminal litigation, conflicts of interest, privilege and

confidentiality, whistle-blowing, the roles and responsibilities of corporate or government counsel, and

the regulation of the legal profession.

Evaluation: 3-hour open book examination (100%).

LLM Seminar

First Term: 1 credit; 1.5 hours Max. Enrol: 80 LLM/ MSL Schedule: Two Thursdays per month 12:30 – 2pm (Fall)

The purpose of this seminar is to provide LLM students with an introduction to various theoretical, doctrinal, empirical and critical approaches to legal scholarship, using an experiential pedagogy that integrates academic skills such as legal writing, research and exam-writing. This seminar is mandatory for all LLM students. The seminar will be comprised of an introduction to different schools of legal thought, together with skills-based modules. For the skills-based module component of the course, students must select one of the following modules:

Legal Writing and Research

Common Law Reasoning and Legal System

Exam Preparation and Writing

Students must select one of these modules by the end of the drop/add period. Students who wish to

take more than one module may do so by taking a companion course at the same time on an optional

basis: LLM Seminar: Additional Legal Analysis/Skills-Based Modules [course number].

Evaluation: Pass/fail, based on attendance and completion of the assignments. Students are required to

attend two classes per month: one class on the different schools of legal thought, and another related

to the skills-based module they have chosen. Each class will be 1.5 hours (9 hours during the fall

semester).

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LLM Seminar, Additional Skills-Based Modules

First Term: 1 credit; 1.5 hours Max. Enrol: 80 LLM/ MSL Schedule: Two Thursdays per month 12:30 – 2pm (Fall)

Co-requisite: LLM Seminar: Mandatory Course

This optional course is designed for and only open to students taking the LLM Seminar: Mandatory

Course [course number]. The course allows students to take two more skills-based modules in addition

to the one selected for LLM Seminar: Mandatory Course [course number]. Students in this course take

two out of the following three modules:

Legal Writing and Research

Common Law Reasoning and Legal System

Exam Preparation and Writing

The two modules selected for this course cannot overlap with the one selected for the LLM Seminar:

Mandatory Course [course number]. This means that students taking this course will be taking all three

skills-based modules.

Evaluation: Pass/fail, based on attendance and completion of the assignments in the skills-based

modules. Students are required to attend two classes per month (one for each of the two additional

elected modules). Each class will be 1.5 hours (9 hours during the fall semester).

Note: students taking this course will be taking a total of four classes per month throughout the term:

two for the co-requisite LLM Seminar: Mandatory Course [course number], and two for this seminar.

Mental Health and the Law

Trudo Lemmens, Gilbert Sharpe Second Term: 3 credits; 2 hours Max. Enrol 30: 15 JD, 5 LLM/SJD/MSL/NDEGS/SJD U, 10 others This seminar deals with the intersection between mental health and the law. The seminar will explore

the basic legal rules and legal regimes that apply in both the civil and criminal law context when people

are diagnosed with a mental disorder. The seminar will first discuss briefly the historical developments

in mental health law and the key concepts such as mental disability, mental illness, insanity, and

competency. The remainder of the seminar will deal with substantial issues in the civil and criminal law

context. We will explore the rights of mental health patients, the procedures involved in involuntary

commitment and the use of restraints, the rights and obligations of substitute decision makers, the

difficult legal issues of treatment and community treatment orders. The seminar will further explore

how the criminal justice system deals with persons with mental health issues, particularly looking at

alternative approaches within the criminal justice system that may promote the health and wellbeing of

people with mental health issues. The seminar will consist of a combination of lectures, class

discussions, and guest lectures by experts in the field. It may also include participation in hearings of the

Toronto Mental Health Court, The Ontario Consent and Capacity Board and the Review Board under the

Criminal Code.

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Evaluation: Evaluation will be based on Class Participation (20%) and a research or advocacy oriented

paper of 5,000 to 6,500 words (80%).

Racial Politics and the Law

Anver Emon Second Term: 3 credits; 2 hours Max. Enrol: 18 In her book, Colour-Coded, Constance Backhouse argues that there is an implicit taboo in Canada against

race-talk. Rather, Canadian discourse on the virtues of multiculturalism seems to obviate the need for

the kinds of debates on racism that have featured in Canada’s neighbour to the south. However, this

good-news story seems disingenuous in the face of accounts of the systemic marginalization of distinct,

identifiable minority groups in Canada. This course will explore this systemic marginalization in three

ways. First, it will examine social theory about race and race politics to develop a conceptual grammar

to frame and inform a more robust discourse on racial politics. Second, it will explore the history of

racial politics in a comparative vein, in order to gain greater insight into the distinctively Canadian story

about race and racism and how it is embedded in the political and institutional geography of Canada.

Lastly, the course will examine key sites of systemic marginalization, ranging from the culture of the

university to the operation of law and policy. Topics here will include the policing of city streets; the

regulation and practices of the legal profession; and the systemic role of law in areas such as aboriginal

rights, immigration, security, and religious freedom in marginalizing certain groups.

Evaluation: Contributions to classroom discussion (10%), bi-weekly 250-500 word (one-page) comments

on the readings (25%), and a paper (topic to be approved by instructor) of 5000 to 6500 words (65%).

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Appendix C: Modified courses

Administrative Law

Richard Stacey Second Term: 4 credits; 4 hours Max. Enrol: 60 Administrative agencies are a pervasive and powerful part of modern government and our daily lives.

This course is a study of the ways in which courts review public decision-making bodies that are not

courts. The primary focus is the doctrine of judicial review of administrative action, and the influences

that have shaped this doctrine and its application. A secondary focus is the evolution of governance

through regulation.

There are three major divisions:

1. Procedures: when and to whom does a public body owe a legal ‘duty of fairness’, and what is the

content of that duty?

2. The merits of decisions: to what extent should courts review decisions of agencies that seem wrong,

because an agency made a mistake in interpretation of a statute, because it made a mistake about facts,

or because it exercised discretion improperly or unreasonably?

3. Remedies: what are they, and who may claim them?

Throughout the course, two major themes are the rule of law and the appropriate role of the courts.

What are the strengths and limits of the courts and the agencies that should shape the scope and

intensity of review?

Evaluation: There will be a 90% final 3 hour, open book exam. The remaining 10% will be assessed

through class participation, based on answers to focused questions about the course materials.

Advanced Civil Procedure

Jonathan Rosenstein First Term: 3 credits; 2 hours Max. Enrol: 25 JD Pre-requisite: FY: Legal Process Professionalism and Ethics; Legal Process, Professionalism and Ethics

(upper year)

Description: This course provides a problem-solving and result-oriented perspective on civil procedure

as it relates to the practice and the substance of resolving legal disputes. This perspective will be

explored through the in-depth consideration of selected issues. The course will also examine some of

the systemic problems in current procedure and practice, and recent developments designed to address

them. Pragmatic, effective and ethical advocacy will be emphasized throughout the course.

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Note: This is not a survey course. The lectures and the course materials do not simply deliver the

information that you need to know, and you are not being graded on your ability to remember and then

repeat that information on assignments. Instead, it is a course intended to give you the tools you will

need to solve certain kinds of advocacy problems in Civil Courts. Grades will be based on your ability to

apply the concepts and information taught and discussed to the problems contained in the assignments,

with emphasis on critical thinking and effective written advocacy.

Evaluation: A mid-term paper (2,500 words max.) in which the student will advocate for solutions to a

complex civil procedure problem (36%); a final 2 hour open-book examination with several problems

requiring concise but reasoned solutions (54%); and class participation (10%).

Advanced Legal Research, Analysis and Writing

Neil Guthrie First Term: 3 credits; 2 hours Max. Enrol: 25 JD Description: This course aims to cultivate analytical, research and writing skills through problem-based

learning. The approach will be to use actual fact situations to hone such skills as: identifying legal issues;

formulating research strategies and methodologies; efficiently using relevant secondary sources;

usefully integrating print resources with electronic resources; analyzing and synthesizing applicable

primary sources; applying critical thinking; and writing clearly and effectively. The development of the

skills in this course will assist students in their academic course work and prepare them for their

professional careers.

Evaluation: A memorandum of law 1,750 – 2,500 words (30%), client update 1,200-1,500 words (15%),

contract 1,200-1,500 words (15%), factum 2,500- 3,750 words (30%), and class participation (10%).

Advanced Legal Research, Analysis and Writing

Sara Faherty First Term: 3 credits; 2 hours Max. Enrol: 25 JD

This course cultivates analytical, research and writing skills through problem based learning. Students

will hone such skills as: identifying legal issues; formulating research strategies and methodologies;

efficiently using relevant secondary sources; usefully integrating print resources with electronic

resources; analyzing and synthesizing applicable primary sources; applying critical thinking; and writing

clearly and effectively. Class participation entails regular attendance, frequent input into discussion and

a short, informal presentation. The development of the skills in this course will assist students in their

academic course work and prepare them for their professional careers.

Evaluation: 1 analytical assignment of 1,500-2,000 words (20%), a rewrite of that memorandum of 2,000

– 2,500 words (30%), a longer piece of advocacy writing of 2,500 – 3,000 words (40%), and class

participation (10%).

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Advanced Torts

Alexi Wood Second Term: 3 credits; 2 hours Max. Enrol: 25

This seminar course will allow students to engage in a detailed analysis of tort law. The course will initially review the basic principles of tort law, and other aspects of practice which intersect with tort law (i.e. Rules of Civil Procedure). Thereafter, each seminar will explore a different area of tort law, with a particular focus on new, emerging, and undecided areas of law. Areas to cover will include:

Defamation: can blog posts or Facebook posts be defamatory?

Sports: is there a duty of care owed by other players? By the league organizing the sport?

Privacy: including emerging torts in various jurisdictions and online privacy.

Medical torts: do physicians owe a duty of care to people other than their patients? Are physicians liable in tort if they refuse to offer medically futile care?

Economic torts: including the emerging trends in fiduciary duty law, and misrepresentation.

Emotional torts: including the emerging trends in judicial treatment of negligent and intentional emotional torts.

Damages: Students will examine emerging trends in judicial treatment of damages including Family Law Act claims and claims for loss of inheritance.

Throughout the course, students will be encouraged to draw linkages between tort law and actual practice (for example, exploring the interplay between Rule 20 motions for summary judgment and new torts).

Evaluation: Overall class participation (10%); on-call day for one seminar (10%); 6,000 to 7,500 word

final assignment, which will be to prepare a mock factum from an actual case (80%).

Canadian Income Tax Law

Emily Satterthwaite Second Term: 4 credits; 4 hours Max. Enrol: 78 JD Students taking this course cannot take Canadian Income Tax Law in the first term (LAW284H1F).

Income taxes account for a large proportion of government revenues in Canada. This course examines

the structure and function of the Income Tax Act and addresses a number of the social and economic

policies implicit in its current form. Early readings and discussions will focus on the purposes of taxation,

the social and economic role of the income tax, the key structural features of Canada’s income tax, and

the interpretation of tax legislation. The focus of the course will be on understanding the principles

underlying the treatment of various sources of income and losses (from employment, business, capital

and other sources), and how judicial interpretations of the Act have augmented or modified these

principles.

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Evaluation: Students will be evaluated through class participation (including but not limited to writing

prompts—10 percent) and a scheduled two-hour final examination (90 percent). The final exam will be

open book.

Students will also have the opportunity to make the following non-revocable election at any time prior

to the start of the eighth lecture. In lieu of the above, electing students will be evaluated through class

participation (including but not limited to writing prompts—10 percent), a scheduled one-hour in-class

midterm (30 percent), and the scheduled two-hour final examination (60 percent). Both the midterm

and the final exam will be open book.

Capstone Course: The Role of the Judge

Robert P. Armstrong First term: 3 credits Max. Enrol: 10 JD Perspective Course This course will examine the role of the judge in our judicial system with particular reference to the

notion of judicial activism. Traditionalists argue that the proper role of the judge is limited to applying

the existing law to the facts of a particular case. If the existing law does not cover the facts, as found by

the judge, then changes to the law should be incremental in accordance with the traditional

development of the common law.

In more recent years, the critics of our judicial process allege that judges are making law rather than

applying or interpreting the law. It is said by some that the increase in judicial review of administrative

action and the enactment of the Charter of Rights and Freedoms in 1982 that judges have become

politicised and that they are crossing the line between judicial and political decision-making. In short,

judges have become judicial activists.

This course will consider some of the following questions:

• What is judicial activism?

• Is judicial activism confined to Charter and other public law cases?

• What are some examples of judicial activism in Canada, the United States, the United Kingdom and

other Commonwealth countries?

• How does judicial activism in Canada differ from the experience in the United States and/or other

democracies?

• Is judicial activism anti-democratic?

The students will meet early in the first term to discuss the notion of judicial activism and then prepare a

short paper on the definition of judicial activism with a view to preparing a research paper on some

aspect of judicial activism. A schedule will be established at the first meeting for subsequent meetings of

the group.

Evaluation: Presentation of highlights of research paper to include a short assignment (500 words) on

the definition of judicial activism for class discussion (25%); and a research paper (6,000 words) (75%).

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Citizenship: Inside and Out

Karen Knop, Audrey Macklin First Term: 3 credits; 2 hours Max. Enrol 25: 15 JD, 10 LLM/SJD/MSL/NDEGS/SJD U SUYRP The term “citizenship” has many legal facets. Citizenship can denote a status, a package of rights and

responsibilities, or a set of practices and performances. Inside the state, citizens and non-citizens are

constructed by citizenship law, immigration law, constitutional law and other branches of national law.

International law recognizes the right of each state to determine who are its nationals, but also places

limits on the state’s ability to do so and regulates the rights and duties that attach to nationality when

the national is outside her own state. Phenomena ranging from economic globalization to the growth of

international human rights to the “war on terror” have led to new thinking on such fundamental

questions as who is the citizen, what is the nature of citizenship and to what community does citizenship

attach. Are we in an age of multiple citizenships, post-national citizenship, transnational citizenship or

cosmopolitan citizenship or are we witnessing the return of a strong citizen/non-citizen divide and the

persistence of “second-class” citizenship?

This seminar will explore theoretical and practical perspectives on the acquisition, enjoyment and loss of

legal citizenship in Canada and elsewhere. It will also examine law’s role in honing citizenship’s

sociological and political facets. Topics to be discussed may include birthright citizenship, the respective

rights of citizens and foreign nationals, sexual citizenship, post-national and transnational citizenship,

“second class” citizenship, multicultural citizenship and Aboriginal citizenship. No prior study of

immigration law or international law is necessary.

Evaluation: will be as follows: 5,000-6,250 word paper (90%) and Outline (10%): This two page note, in

preparation for your paper, will briefly discuss the main sources you plan to discuss and will sketch the

direction of argument that you plan for your paper. The instructors expect students to actively

participate in class and may, at their discretion, assign specific tasks (short presentation, comment on

readings, lead discussion, etc.) to facilitate participation. Students may also exercise the option to write

a Supervised Upper Year Research Paper for this course.

Class Actions Law and Practice

Ranjan Agarwal, Michael Eizenga, Michael Rosenberg, Garry Watson First Term: 3 credits; 2 hours Max. Enrol 50: 45 JD, 5 LLM/SJD/MSL/NDEGS/SJD U SUYRP Anti-requisites: students who have taken either Class Action Law or Class Actions Practice may not take

this course.

The advent of class actions in Canada has radically altered the practice of law. This regime has provided

redress for plaintiffs who would otherwise be unable to access the courts. It has also made

governments, businesses and organizations much more aware of their obligations and potential

liabilities to employees, consumers, and other members of the public. In short, class actions have

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brought mass justice to the forefront of the legal agenda.

We take the view that it is vitally important to understand both the practice of class actions and their

underlying policy rationales. As such, our class is intended for a broad audience, including aspiring

litigators, transactional lawyers, activists, businesspeople, policymakers, and academics. This class will

present the theory and practice of class actions in an interactive format. Through discussion, debate,

and dialogue with the faculty and a wide array of guest speakers, members of the class will learn to

make the most of the exciting developments in this dynamic field of law.

This class will be divided into three parts. The first part will be devoted to an examination of the

principles of class action law and procedure. The second part of the class will be structured around the

areas of law most commonly dealt with in the actual practice of class actions: securities, price fixing,

product liability, environmental and employment law. The third part of the class is earmarked for guest

speakers—primarily prominent judges and leading counsel, who will discuss common practical and

ethical concerns, including defence and plaintiff strategies, fees, costs and business issues, co-counsel

relationships, communications with clients, class members and the media (although there may be

additional guest speakers throughout the class).

Evaluation: There are two forms of evaluation in this course. The first evaluation is a pass/fail open book

in-class midterm. The second evaluation is research paper on a class action topic of choice.

Students will also be required to lead a short in-class discussion about the subject of their research

paper

The in-class midterm will be a practice-based exercise intended to replicate an assignment provided to a

class action lawyer. Students will be asked to write a short memorandum, not to exceed 1,500 words,

addressing a current topic in class actions and providing strategic advice. The midterm will be graded on

a pass/fail basis and will be worth 20% of the final grade.

Each student will also be asked to write a final paper, not to exceed 5,000 words, on an approved topic

pertaining to class actions. This paper is intended to provide students with an opportunity to explore

areas of particular interest. Papers will be eligible for the national Harvey T. Strosberg Essay Prize, an

annual award of $10,000 for the best student paper on class proceedings. The final paper will be the

principal form of evaluation for this course, and it will count for 80% of the final grade.

Students will be asked to lead a short discussion on the topic of their final paper. The class will be

broken down into smaller groups to facilitate the exchange of ideas. It is expected that the discussion

will last approximately five to ten minutes, depending on the number of students in each group. This

assignment is designed to workshop research ideas and help to develop final papers. No grade will be

assigned to the in-class discussions.

This course is intended to be dynamic, and while it will be conducted in lecture and guest interview

format, students will be encouraged to participate in the classes.

A limited number of students will be permitted to complete the SUYRP requirement in this course.

Additionally, it is expected that this course would serve as excellent preparation for participation in the

Warren K. Winkler Class Actions Moot.

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Climate Change Law

Dennis Mahony, John Terry Second Term: 3 credits; 2 hours Max. Enrol 20: 17 JD, 3 LLM/SJD/MSL/NDEGS/SJD U ICT Pre or Co-requisite: either International Environmental Law or Environmental Law This course satisfies the International/Comparative/Transnational course requirement.

This course is about the discernible body of law that has been developing in response to global warming

for decades, and has resulted in a surprising array of policy and legislative activity in North America over

the past several years. We will begin with a consideration of the science of global warming and the

manner in which it drives and animates policy, legislation and judicial and administrative decision-

making. We will explore the international legal framework - including the UN Framework Convention on

Climate Change, Kyoto and beyond - and how it is translating into an emerging domestic legal

framework in North America, with a variety of fundamental elements yet to be resolved, including

whether tax, cap-and-trade, a mixture of both (or neither one) will be part of the path forward. The

course will cover the legal developments and initiatives in Canada at the federal, provincial and

municipal level, and how they are affecting many traditional areas of legal practice - including litigation,

tax, real estate and securities law - and giving rise to significant sub-disciplines like carbon finance,

which we will explore in some depth. Students will be encouraged to think creatively and critically about

legal system design, and how they might help shape the emerging climate law regime.

Evaluation: 20% attendance and input into class discussion and 80% for a 6,000 to 7,500 word essay on a

climate law topic.

Competition Law and Intellectual Property

Ariel Katz First Term: 3 credits; 3 hours Max. Enrol 25: 17 JD, 8 LLM/SJD/MSL/NDEGS/SJD U SUYRP Perspective Course ICT

Note: This course satisfies either the Perspective or the International/Comparative/Transnational course

requirement.

Pre-/Co-requisites: While the course does not presume prior knowledge in competition law or intellectual property law, it is recommended that students do take this course after, or at least while taking courses in at least one of these areas.

This course explores the interface between intellectual property laws and competition law and the various ways in which those laws interface, conflict, and complement each other. We will examine the tension between those laws through the study of various cases from the United States, Canada, and other jurisdiction; from the early 20th century to contemporary disputes.

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Examples of issues that might be discussed include: whether and when IP rights should be regarded as ‘monopolies’; price discrimination; tying and other restrictive terms in IP licenses; refusal to license IP; compulsory licenses; collective administration of copyright; patent pools and standard setting; anticompetitive IP settlements; parallel importation; competition law and the “new economy”; and IP misuse. The first meetings will be dedicated to introducing basic concepts, while in the rest students will be required to present topics of their choice.

The course is designed primarily for: (1) students of intellectual property law who want to understand how competition law may limit the acquisition, exercise, and enforcement of intellectual property rights, or (2) students with interest in competition law who want to understand its operation in the context of intellectual property rights.

Evaluation: Students will be required to write short (500 words) responses to four of the readings (20%),

to write a final 5,000 word research paper on a pre-approved topic (50%), and to present the topic in

class (20%). Class participation (attendance and input into discussion) will form the remaining 10%.

Competition Policy

Anthony Niblett Second Term: 3 credits; 3 hours Max. Enrol 36: 29 JD; 5 LLM/SJD/MSL/NDEGS/SJD U, 2 graduate students in Economics SUYRP Perspective Course This course will be taught at the law school and is open both to law students and honours and graduate

students in economics. It is assumed that law students taking the course have a basic grounding in

micro-economics. The purpose of this course is to explore the implications of economic theory for

various aspects of competition policy. The course will focus on Canadian competition policy, but the

policies of the United States and the European Union will also be examined. The course will review the

economic theory in order to provide a framework for evaluating the legal treatment of various practices.

Topics to be addressed include: the economic and non-economic goals of competition policy; collusion,

price fixing and facilitating practices; horizontal mergers; monopoly and monopolization; price

discrimination and predatory pricing; and vertical restraints, including resale price maintenance,

exclusive dealing, tying, territorial restrictions and requirements contracting.

Evaluation: Students will be required to write a paper of 5,000 words on a topic of their choosing (80%).

The balance of their evaluation (20%) will be based on class participation which includes input into class

discussions and five comments (250-500 words each) on the readings. Students may fulfill both the

SUYRP and Perspective paper requirements in this course.

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Economic Analysis of Law

Anthony Niblett Second Term: 3 credits; 2 hours Max. Enrol 40: 34 JD, 6 LLM/SJD/MSL/NDEGS/SJD U Perspective Course Note: Students who have taken the undergraduate or graduate course in Economic Analysis of Law may

not take this course. JD/MA (Economics) combined program students are excluded from taking this

course except with special permission from the instructor, in consultation with the Director of the

combined program.

What effects do laws have? And, given these effects, which laws are the best for society? This seminar

looks at the way economists analyze legal problems and how economics has contributed to our

understanding of the legal system. This seminar will provide the basic toolkit for understanding the

economic approach to legal problems. An introduction to microeconomics will be provided for those

with little or no economics background. The course will look at both theory and empirical evidence.

Topics include: contracts, torts, property, criminal law. No economics background is required for this

course.

Evaluation: Students will be required to write a paper of 5,000 words on a topic of their choosing (80%).

The balance of their evaluation (20%) will be based on class participation which includes input into class

discussions and five comments (250-500 words each) on the readings. Students may fulfill both the

SUYRP and Perspective paper requirements in this course.

Economic and Social Regulation

Michael Trebilcock Second Term: 3 credits; 2 hours Max. Enrol 30: 20 JD, 10 LLM/SJD/MSL/NDEGS/SJD U SUYRP Perspective Course The course will canvas and critically review recent developments in economic regulation in sectors such

as the following: telecommunications; broadcasting; electricity; postal services; agricultural supply

management; taxi and ride sharing services; and systemic risk regulation of financial markets. With

respect to social regulation, the course will focus on product safety regulation; consumer protection;

regulation of professional services; and climate change policy. The course will conclude with a discussion

of transition cost mitigation strategies in policy reforms.

Evaluation: Five short (750 words each) assignments on readings for these topics (50%) and a 3,750

word (15 page) essay on an issue of the student’s choosing to be submitted at the end of the course

(50%). If a student is writing a SUYRP in the course, the number of short written assignments is reduced

from five to two.

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Ethical Issues in Alternative Dispute Resolution

Blaine Baker Second Term: 3 credits; 2 hours Max. Enrol 40: 30 JD, 5 LLM/SJD/MSL/NDEGS/SJD U, 5 MBA students Note: this course satisfies the “Legal Ethics” graduation requirement.

This is a course about pre-empting conflicts and settling disputes non-judicially, focusing on the ethical

dimensions of those processes. It begins with introductions to conflict management and dispute

resolution, legal ethics at-large, and skills and techniques for alternative dispute resolution.

The course then turns to specific ethical issues in those fields, including: power-balancing by mediators

among conflicting parties on the basis of cultural and economic inequalities; secret or unlawful

settlements; bad faith and unconscionable behavior by conflicting parties; long-term involvement by

mediators or arbitrators in class-action and other restorative justice initiatives; third-party and offshore

financing of alternative dispute resolute resolution processes; conflicts of interest along the mediation-

arbitration and arbitration-mediation continuums; the integration of parallel traditions like divinely-

revealed, chthonic, and Roma ones into state law; unauthorized law practice in alternative dispute

resolution processes; and, an overview of moral challenges in alternate dispute resolution processes.

This course therefore complements others like Alternative Dispute Resolution in the Legal Environment,

Art of the Deal, Class Actions Law, Ethics in the Business Law Setting, International Commercial and

Investor-State Arbitration, Legal Ethics, and Negotiation (all of which are offered from time to time), but

none of those courses is a pre-requisite, co-requisite, or anti-requisite to this one. Broadly speaking, this

course is a study of the reconciliation of professional ethics and standards with legal and institutional

pluralism, and with the “pluralized subjects” of those diverse norms and sites of justice.

Evaluation: Each student will be asked to write an in-term research paper from secondary sources

(about 2,000 words), elaborating beyond the assigned readings on one or another of the topics covered

in this course and worth one-third of his or her final grade. The instructor will provide suitable guidance

for those projects. Those in-term papers must be submitted to the Records Office by the due date for

written work in the second term of the 2016-17 academic year. A twenty-four-hour take-home

examination (about 4,000 words), worth two-thirds of a final grade, will also be administered at each

student’s election anytime during the examination (see University of Toronto Faculty of Law Take-home

Policy for details).

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Externship Seminar

Sara Faherty Second Term: 1 credit (ungraded) Max Enrol 30 JD Note: Corequisite: One of LAW728S, LAW565S, LAW559S, or LAW454S.

Schedule: This seminar will meet six times, twice early in the term, twice mid-term, and twice towards the end of the term. The meetings will be on Wednesdays, from 8:30 until 10:20 am. During the Winter Winter 2017 term, we will meet on January 4, January 11, February 8, February 15, March 15, and March 22. The goal of externships is to provide students with hands-on experience in various areas of law. The goal of this companion seminar is to develop externship students’ reflection on the practice of law, the specific area of law in which they work, and legal institutions. The seminar will provide an opportunity for students to integrate their practical, doctrinal and theoretical learning. Sessions will focus around substantive issues, skills building, professional responsibility and legal ethics, and include discussions of the issues raised by the students’ casework. Students enrolled in year-long externships can allocate their 2 credits to a single term, if they wish.

Evaluation: In order to receive credit, students must attend and participate in the seminar sessions and will be required to submit four 1000-word guided reflections during the term.

Family Law

Carol Rogerson First Term: 4 credits; 4 hours Max. Enrol 78: 76 JD, 2 LLM/SJD/MSL/NDEGS/SJD U

This course offers a general introduction to the law relating to family relationships, focusing on the rights and obligations between spouses and parents and children. Topics to be covered will include formation and dissolution of marriage, legal recognition of unmarried couples economic relations between spouses, contractual ordering of domestic relationships, domestic violence, child custody and support. Some attention will be devoted initially to developing an understanding of the nature of the institution referred to as "the family". Thematic emphasis will be placed on an examination of the assumptions regarding the family which inform existing legal regulation, the proper role of the state in prescribing family relationships and the challenges of law reform in a rapidly changing social context.

Evaluation: will be by a three-hour final open book examination.

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Finance, Business and Accounting in the Law

Michael Dobner First Term: 2 credits; 2 hours Max. Enrol: 28

The objective of this course is to introduce law students to the finance, business and accounting concepts that are encountered in many areas of the law, and to equip them with practical tools that will help them, as law practitioners, to deal more effectively with these aspects of the law. This course will be especially useful for students who do not possess a business degree and would like to pursue a career practicing business law, family law, intellectual property law, tax law, commercial litigation or another law that has business aspects to it. During the course, we will learn and discuss subjects such as: • Basic accounting, finance and economic concepts • Basic concepts in business and asset valuation and their impact on various law areas • Finance, economic and accounting aspects of commercial contracts • Basic concepts in loss quantification as applied to various areas of the law • Lawyers’ interaction with business experts Lectures will involve examples from the “real world” as well as court cases that demonstrate the concepts discussed in class.

Evaluation: 2 hour, open-book examination (80%); participation (10%) and group presentation of court case (10%).

Health Law and Bioethics

Trudo Lemmens First Term: 4 credits; 4 hours Max. Enrol 50: 34 JD, 6 LLM/SJD/MSL/NDEGS/SJD U, 10 others SUYRP Perspective Course Students who took Medical Law in a previous year are not eligible to take this course.

The course provides students with an overview of the various ways in which law, regulation, and other

governance mechanisms interact with and contribute to the organization of health care and medical

practice and the enforcement of health related rights. A recurrent theme is how law and regulation

address and help compensate for vulnerability in the context of health care. The course will introduce

students to some of the core concepts of health law and bioethics (e.g. informed consent, competency,

medical negligence, confidentiality, health information privacy) and provide an understanding of the

role of law and other governance mechanisms in dealing with a selection of contemporary ethical and

policy issues in the organization of health care, medical practice and the regulation of the health

professions. Topics include: the regulation of assisted human reproduction; biotechnological innovation;

abortion; human subjects research; euthanasia/assisted-suicide/assisted dying and other end-of-life

issues; organ transplantation; treatment of human remains; the regulation of the medical profession;

and other contemporary issues.

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Evaluation: The evaluation will consist of two components: A 3-hour final open book examination OR an

end of term paper of 8,000 to 10,000 words, the topic of which has to be approved by the instructor,

will count for 75% of the grade. Class participation and 5 to 6 (the best 5 will count) short critical

commentaries on the reading materials will count for 25% of the grade.

Students may satisfy the Perspective requirement and students can with permission from the instructor

write a Supervised Upper Year Research Paper in this course.

International Criminal Law: Genocide, Crimes against Humanity, & War

Crimes

Andrea Russell Second Term: 3 credits; 2 hours Max. Enrol 25: 20 JD; 5 LLM/SJD/MSL/NDEGS/SJD U Perspective Course ICT Pre or Co-requisite: either International Human Rights Law or Public International Law

Description: This course focuses on the ‘core’ international crimes of genocide, crimes against humanity, and serious violations of the laws of war (war crimes), as well as on certain acts of international terrorism. The various bodies established by the international community to respond to these crimes, and in particular the International Criminal Court, will also be closely examined. On the one hand, the course will adopt a big-picture approach and examine policy rationales for the International Criminal Law regime and the effectiveness of the existing regime in meeting these goals; on the other hand, it will also use a more focused legal approach by examining cases emanating from the international criminal law bodies. Specific topics such as the inclusion of victims in the international criminal law process, sexual violence, and child soldiers will be examined throughout the course. Students will analyze numerous contemporary situations that have garnered headlines both in the legal world and in international current affairs.

Evaluation: one 500-word comment based on the readings (10%); one 500-word comment analyzing an

issue before the International Criminal Court (15%); class participation (15% - based on a combination of

attendance and informed input into class discussions); and a 5,000-word research paper due at the end

of term (60%).

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International Environmental Law

Jutta Brunnée Second Term: 3 credits; 2 hours Max. Enrol 40: 33 JD, 7 LLM/SJD/MSL/NDEGS/SJD U SUYRP Perspective Course ICT This course will provide an introduction to the basic concepts and mechanisms of international

environmental law. It is structured so as to examine the field from a variety of perspectives, serving as

course themes and intended to leave students with an understanding of both limitations and

possibilities. Thus, while the course explores different topical areas (e.g. acid rain, ozone layer depletion,

shared water resources, forest protection, climate change, South-North issues, trade & environment

issues), the goal is not merely to know how international environmental law responds to the challenges

at hand, but also to arrive at some overarching insights into its workings. Key questions, pursued

throughout, include: What “tools” are available to international environmental law as a branch of public

international law? What are the particular challenges to be met by international environmental law in

modern international society? What is the interplay between normative and regime-oriented

approaches in the development of international environmental law? In addition to an understanding of

these questions, students will: acquire knowledge of the most relevant customary rules and emerging

principles; gain an understanding of the basic structure and process of international environmental

agreements. Students will have opportunity to apply these foundations in a small negotiation or drafting

exercise.

Evaluation: All students must complete one short assignment 1500 words related to a negotiation or

drafting exercise (20%). The balance of their evaluation (80%) will be based on:

(A) A final three hour open book examination; or (B) A 6,000 word research paper on a topic approved

by the instructor.

A limited number of students may fulfill the Supervised Upper Year Research Paper in this course.

International Human Rights Law (JPJ2048)

Anna Su Second Term: 3 credits; 3 hours Max. Enrol 50: 29 JD, 11 LLM/SJD/MSL/NDEGS/SJD U, 10 MGA ICT There is no prerequisite but having taken Public International Law is highly recommended.

This course is an introductory survey of international human rights law. It explores the historical

development of international human rights in its various forms beginning with the Universal Declaration

of Human Rights and the International Covenant on Civil and Political Rights. The class will then consider

various institutional (national, regional and international) settings and examine the strategies of legal

and political implementation for the norms that have been developed. Whenever possible, the

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discussion of international human rights law will relate to contemporary developments in human rights

internationally as well as within Canada.

The goal is to have a competent understanding of the landscape of international human rights today.

Topics that will be covered include the universal or culturally particular nature of human rights;

institutional remedies in response to massive human rights violations; connections between civil and

political rights and social, cultural and economic rights; the application of human rights law during

armed conflict; the role and activities of nongovernmental organizations, the relationship between

human rights and global inequality, and the human rights implications of climate change.

Evaluation: 24 hour take-home exam (75%), an in-class presentation (15%) and class attendance and

participation (10%). In lieu of the take home exam, students can opt to write a final research paper of

4,000-5,000 words with the instructor's prior approval.

International Investment Law

David Schneiderman Spring Term: 3 credits; 2 hours Max. Enrol: 25 Perspective Course ICT

This course can be used to satisfy either the Perspective or the International/Comparative/ Transnational course requirement.

This course examines the basic structure, substantive norms, and numerous controversies concerning the global law to protect and promote foreign investment. This is a new legal regime, made up of over 3,000 bilateral and regional treaties entered into between most states in the world, and that intersects with many conventional legal fields (including administrative law, constitutional law, international law, and international arbitration). The regime is enforced by a contingent of international investment lawyers, operating under a system of privatized justice, in which states are held to account for their misbehavior by paying an award of damages to harmed individuals and corporations.

The first part of the course will be taken up with learning the doctrine associated with this new legal order, its historical background, and future prospects. In the second part, students will present their ongoing research on an approved topic.

Evaluation: A research paper (6,000 – 7,500 words) on an approved topic, worth 100 per cent of the

final grade, written during the term and submitted on the deadline date for written work.

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Privacy Problems

Lisa Austin First Term: 3 credits; 2 hours Max. Enrol 20: 16 JD, 4 LLM/SJD/MSL/NDEGS/SJD U SUYRP Perspective Course

The protection of privacy is increasingly seen to be of central importance to the emerging global information society. At the same time, it faces many threats from new technologies and the contexts in which these are used. This course will survey some of the most influential theories of privacy, as well as the dominant legal models for privacy protection, and ask whether they are sufficiently sensitive to contemporary challenges. This course will then use these critical resources to examine several new challenges in more detail. These will include the privacy challenges of Big Data and lawful access debates, and will include discussion of the review of Canada’s Bill C-51 and its information sharing provisions, Apple’s encryption fight with the FBI, and the Microsoft Ireland case concerning US access to data stored in Microsoft data centers located outside of the US.

Evaluation: Students will write two short papers (1,500 words each) on the course materials (50%). Students will be given feedback on each paper, and the papers are expected to build on the themes of the course and help to prepare students for the 48 hour take-home exam (3,000 words) (50%). The examination may be taken during any 48 hour period beginning the first day of the examination period and due no later than the set deadline for written work in the applicable term (see Take-home Policy for details).

Statutes and Statutory Interpretation

Anver Emon First Term: 3 credits; 2 hours Max. Enrol 45: 40 JD, 5 LLM/SJD/MSL/NDEGS/SJD U Perspective Course

So much of law school, especially the first year curriculum, emphasizes the common law dynamics of

legal argument, reasoning and doctrine. And yet, since the 20th century, Common Law jurisdictions have

witnessed a dramatic rise in legislative enactments and regulations that courts are often required to

interpret. Statutes, as products of a democratic process of legislative drafting and consensus, introduce

into both the classroom and judiciary, a whole host of question and concerns about the Rule of Law:

democratic decision-making, constitutional design, the dynamics and limits of judicial review, and the

role of law as communicative acts targeting different (and at times competing) audiences. This course

will concentrate on the fundamental role of statutes in our legal system and their relationship to the

Common Law, examine the distinct and often contrary interpretive approaches to statutory analysis,

and introduce students to the role of the legislative drafter at the intersection of policy making and law

making.

Evaluation: During the course of the term, students will be required (a) to attend and participate in

lectures (10%), (b) to write 3 responses to the readings of 500-750 words each (20%) and (c) complete a

36-hour take-home exam at the end of the term (70%) of 4,000 to 4,500 words.

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The Constitutional Law of Criminal procedure

(formerly Criminal Procedure)

Vincent Chiao First Term: 3 credits; 3 hours Max. Enrol 35: 32 JD, 3 LLM/SJD/MSL/NDEGS/SJD U This course will survey the law of constitutional criminal procedure. The main themes of the course will

be (1) the norms and principles developed by the Supreme Court of Canada in interpreting sections 8-11

of the Charter, and (2) the justifications for using constitutional law to regulate criminal procedure,

including debates about the appropriate scope of judicial review, with (3) particular attention given to

the origins of constitutional criminal procedure in the United States. Note that this course will be

predominantly focused on pre-trial matters.

Evaluation: a final 2 hour open-book exam (40%); a midterm 2 hour open-book in-class exam

(40%); and class participation in the form of attendance and regular contributions to class discussion

(20%).

The Supreme Court of Canada: The Search for Justice

Guy Pratte Second Term: 3 credits; 2 hours Max. Enrol 25: 23 JD, 2 LLM/SJD/MSL/NDEGS/SJD U This course's ultimate objective is to give students a virtual experience of how and why the Supreme

Court decides cases in the way it does. For this purpose, we will focus on substantive and process

questions informing the Supreme Court of Canada's search for justice. After having considered some of

the main philosophical approaches to the definition of the concept of "justice", we will evaluate the

Court's attempts to articulate and apply notions of justice and fairness in several areas of its

jurisprudence, (e.g., criminal law (assisted death); the appointment process; equality law; commercial

law (duty of good faith).

As in previous years, the course will involve several prominent guest lecturers, including current and/or

former Justices of the Court, as well as outstanding members of the Bar and legal scholars. We also plan

to attend the argument of an appeal at the Supreme Court in Ottawa and meet informally with one of

the Court's justices in advance of the hearing.

Evaluation: 25% participation in class, and 75% for a research paper of approximately 6,000- 7000 words

in length, in the form of a Supreme Court judgment.

Trial Advocacy

Jenny Friedland, Graham Glancy, Julie Hannaford First Term: 4 credits; 3.5 hours Max. Enrol: 80 JD Pre-requisite or Co-requisite: Evidence Law

Description: Because of the intensive nature of the course, attendance is mandatory. This includes mandatory preparation for, attendance at, and participation in, the first session of the course (Tuesday, September 6th, 2016). Mandatory attendance is waived only in the event of emergencies and with the approval of the faculty administration. Students on the waitlist must attend, and participate, while on the waitlist if they wish to be confirmed in the course at the end of the add/drop period should a spot arise. Structure of the Course

The course is organized around 1 ½ hour plenary training/lecture sessions on Thursdays followed by a 2 hour participation workshop on Tuesdays. The workshops take place in small groups and are led by various faculty members made up of experienced trial lawyers. The Tuesday training/lecture sessions are led by faculty and special guests and are designed to deliver the fundamentals of the skills needed to perform specific trial tasks (such as examination in chief, cross examination, closing argument, etc.) in the subsequent two-hour workshops. The training/lecture sessions may include, where appropriate, live and recorded demonstrations; and, where appropriate, interactive exercises in the plenary setting or in break out sessions, where space and faculty numbers permit.

Final Trials -- The course culminates in a Final Trial held off campus (often at the Superior Court at 361 University Ave). The Final Trials are usually on the last workshop day of the term. To the extent possible, the course arranges for real judges to preside over the final trials. IMPORTANT NOTE – the final trials will start earlier and end later than the scheduled time for the workshop. – Students will be expected to arrive by 5:00 p.m. and in some cases the trial may not end until 9:00 p.m. on that day. In certain circumstances changes may be made to accommodate practitioners and students’ schedules. Skills taught -- This course facilitates the development of the skills necessary to conduct a jury or non- jury trial or hearing. It is structured so that each student can develop a personal style of advocacy that is effective and appropriate for the individual student. The course begins with basic trial advocacy skills (examination in chief and cross examination,) and progresses to teach more advanced aspects of a trial (use of exhibits, impeachment, openings and closings and examining a professional or expert witness). Students also develop skills in making objections and analysis and strategy in trial planning. For some of the classes, the witnesses will be “real life counterparts” such as police officers, homicide and forensic experts. Midway through the course, after learning the basics, students conduct a “mini-trial” in their small groups.

Workshop assignments will be posted to blackboard at least one week before each workshop. Each assignment will contain the readings pertaining to the next skill to be learned, and a description of the tasks you must prepare and then perform at the coming workshop. It is mandatory that you hand in your preparation for each workshop.

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Grading

All students will be graded for each performance during every workshop out of 10. If there is more than

one graded exercise performed during a workshop, the average out of 10 will be recorded. The total of

all workshops will equal 80% of your final grade. The lowest workshop grade will be dropped. The others

will be averaged. The Final Trials are worth 20%.

Attendance & Handing in of Written Work is Mandatory

Attendance:

Attendance is mandatory for all students at every workshop. Only authorized absences are accepted.

Written Work

The written work will not be graded and can be point form. The written copy must be emailed to the

chair before the start of the workshop or a hard copy must be handed in at the start of the workshop.

Failure to attend a workshop or to hand in your preparation without authorized excuse will result in a

failure for the course regardless of the grade received thus far in the course.

Trusts

Larissa Katz Second Term: 4 credits; 4 hours Max. Enrol: 80 JD The trust has been described by one illustrious legal scholar as "the greatest and most distinctive

achievement performed by Englishmen in the field of jurisprudence." This course will examine the basic

concepts of the trust, its essential elements, and the practical consequences of failure to ensure that all

essential elements are in place. The course will also study selected aspects of the administration of a

trust as an ongoing institution.

The trust is a creation of the branch of England derived jurisprudence known as Equity. The course

offers an opportunity to increase understanding of the nature of Equity, operating as a supplement to

the basic common law.

The trust, as an institution, has practical application in every field of applied law. For reasons of

convenience, most of the examples which we will study will be drawn from the area of "personal trusts",

that is, situations where the creator of the trust is employing the institution to make economic provision

for persons or causes which he or she cares about. The student should remember that the principles

derived from these cases have equal application in the more complex "business" uses of the trust as

well.

Evaluation: There will be an open-book, 3-hour final examination (100%), to be scheduled during the

official examination period.