COURSE OFFERINGS 2014-2015 TABLE OF · PDF file · 2015-01-15At the end of this...

McGill University – Faculty of Law

Course Offerings 2014-2015

COURSE OFFERINGS 2014-2015

TABLE OF CONTENTS

First Year Undergraduate Mandatory Courses 2 Second Year Mandatory Courses 7 Other Mandatory Courses 10 Complementary & Elective Courses 13 Student-Initiated Seminars 57

Graduate Courses 58

Writing Courses 63

Group Assistants & Tutorial Leaders 70

Legal Clinic 71

Law Journals 72

Moot Competitions 74

Court and Administrative Tribunal Clerkships 75

Honours Courses 77

Major Internships 78

Course List and Important Notes 79

Human Rights Internship 81

Satisfactory/Unsatisfactory Option 82



FIRST YEAR UNDERGRADUATE MANDATORY COURSES

CIVIL LAW PROPERTY / DROIT DES BIENS PRV1 144 D1, PRV1 144 D2

5 CREDITS, FALL & WINTER TERMS

Section 001: Véronique Bélanger and Alexandra Popovici – English Description: General theoretical context of Civil law Property. The concepts of patrimony, real rights, domain, the right of ownership and its limitations, including the relationship between neighbours (“voisinage”), special modes and dismemberments, possession and acquisitive prescription, publication of rights. Some introduction to property as the object of certain patrimonies by appropriation (trusts). Method of Evaluation: In-term assignments; December and April exams (TBA). Biography: Alexandra Popovici enseigne à la Faculté de droit de l’université McGill depuis 2011, notamment les cours de droits des personnes, Advanced Civil Law Obligations et administration du bien d’autrui et fiducie. À partir de janvier 2015, elle donnera le cours de droit des biens à titre de professeure adjointe. Boursière Joseph-Armand Bombardier du programme d’études supérieures du Canada, elle termine actuellement ses études doctorales à l’université Laval sous la supervision Sylvio Normand. Sa thèse porte sur les droits subjectifs et l’architecture du Code civil du Québec. Diplômée en droit civil et common law de la faculté, elle détient également un baccalauréat en littérature comparée et en cinéma de l’Université de Montréal et une maîtrise en droit privé de l’université Laval. Membre du Barreau du Québec depuis 2009, elle a travaillé à la Cour d’appel du Québec auprès du juge Yves-Marie Morissette de 2008 à 2010. Professeure Popovici a été directrice adjointe du Centre de recherche en droit privé et comparé du Québec (aujourd’hui Centre Paul-André Crépeau de droit privé et comparé) de 2007 à 2008. Aujourd’hui chercheuse au Centre Crépeau, elle y poursuit ses travaux sur le droit privé, le droit comparé et transsystémique, l’enseignement du droit, l’épistémologie juridique, les langues du droit et l’histoire de la culture juridique québécoise.

Section 003: Professor Yaëll Emerich – French Description: Ce cours vise à étudier les relations entre les personnes et les biens. On s’attardera sur les notions de patrimoine, de chose et de bien, sur le domaine. Les classifications fondamentales du droit civil des biens seront envisagées, notamment la distinction des droits réels, des droits personnels et des droits intellectuels. Les concepts de base du droit des biens seront examinés, tels que la possession et la propriété. On étudiera les modalités de la propriété, les démembrements de la propriété, ainsi que la publicité des droits. Une introduction à la fiducie sera faite, en insistant sur sa compréhension dans un contexte civiliste. Une attention particulière sera portée à la place de l’incorporel dans un droit traditionnellement marqué par la corporalité. Method of Evaluation: December exam: 25%. Final exam: 75%.

CONSTITUTIONAL LAW / DROIT CONSTITUTIONNEL



PUB2 101 D1, PUB2 101 D 6 CREDITS, FALL & WINTER TERMS

Section 001: Professor Vrinda Narain – English Description: This course is designed to serve as an introduction to the basic framework of the Canadian constitutional system. Aspects to be studied include: sources of Canadian constitutional law, federalism, the rule of law, the division of legislative powers, the role of the judiciary in Canadian democracy, Aboriginal peoples and the Constitution and the Charter of Rights and Freedoms. Canadian Constitutional law is a vast, complex and constantly evolving area of study making it impossible to cover every topic comprehensively. The objective of this course is to convey the basic structure, framework and principles of constitutional law to enable students to develop the critical legal skills necessary to examine Canada’s constitutional framework. This course will provide you with the opportunity to examine and discuss the debates that shape constitutional law. The aim is to stimulate your interest in the study of the constitution. At the end of this year-long course, the expectation is that you will have the requisite critical legal thinking skills to enable you to identify constitutional issues and to make constitutional law arguments. Although this is a lecture class, a considerable amount of time will be spent on classroom exercises and discussion. Attendance is mandatory, students are expected to have completed their readings and come to class prepared to discuss these readings Method of Evaluation: Open book mid-term examination, in-class; take home final examination.

NEW DESCRIPTION AND COURSE EVALUATION! Section 002: Professor Colleen Sheppard – English Description: This course provides an introduction to fundamental principles, institutions and legal developments in Canadian constitutional law. The course explores the rule of law, democracy, judicial independence and federalism. It also examines human rights and freedoms, and constitutional issues affecting Aboriginal peoples and minority linguistic communities. The course is designed to provide students with a framework for understanding constitutional issues through a comparative lens, as well as thinking critically about the historical and social context of Canadian constitutional law. Method of Evaluation: First semester examination: 25% (assist only); Optional written assignment: 25%;

Final examination: 50%.

Section 003: Professor Robert Leckey (003) – Français Description: Un traitement de l’histoire, de la théorie, de la pratique et du droit constitutionnels. Les pouvoirs législatif, exécutif et judiciaire sont abordés à la lumière des grands principes tels le constitutionnalisme, l’État de droit, la démocratie, la protection des libertés fondamentales et des minorités, et le fédéralisme. Method of Evaluation : Examens écrits (décembre et avril) et travaux écrits.



CONTRACTUAL OBLIGATIONS / OBLIGATIONS CONTRACTUELLES LAWG 100 D1, LAWG 100 D2 6 CREDITS , FALL & WINTER TERMS

Section 001: Professor Rosalie Jukier – English Fall, Winter, 6 credits Description: This course covers basic concepts and theories of contractual obligations in the Civil and Common Law including how to define agreement; examining the kinds of agreements that are enforced; the content of contractual obligations; reasons for setting aside agreements; contractual remedies and rights of third parties. FORMAT: Lecture Method of Evaluation: Sit-down, mid-term exam in December (25%), mid-term assignment in second

term (25%), sit-down final exam in April (50%).

Section 002: Professor Fabien Gélinas – English Description: Basic concepts of contractual obligations in the Civil and Common Law. Defining agreement; examining the kinds of agreements that are enforced; the content of contractual obligations; reasons for setting aside agreements; contractual remedies and rights of third parties. Method of Evaluation: Midterm exam in December, final exam in April (30%, 70%);

optional mini-essay (20%).

NEW DESCRIPTION! Section 003: Professor Vincent Forray – Français Description: Introduction à la connaissance transsystémique et critique du droit des contrats. Par transsytémique, il faut entendre, conformément au programme développé par la Faculté, l’enseignement intégré du droit civil québécois et de la common law canadienne en matière d’obligations contractuelles. Par critique, il faut entendre l’ouverture du cours à une perspective pluridisciplinaire qui propose, ponctuellement, une manière différente d’appréhender le phénomène contractuel. Classique dans son contenu, le cours progressera selon une méthode originale de formulation des connaissances. Les questions abordées sont celles attendues lors d’un apprentissage élémentaire de la matière : formation et conditions de validité du contrat détermination et interprétation du contenu contractuel, effets du contrat, exécution et remèdes en cas d’inexécution. La méthode consiste à associer les étudiants à la formalisation du droit des contrats tel qu’il s’enseigne, au moyen de divers dispositifs d’intervention dans le cours. Method of Evaluation: TBA



EXTRA-CONTRACTUAL OBLIGATIONS OBLIGATIONS EXTRA- CONTRACTUELLES /TORTS

LAWG 101 D1, LAWG 101 D2 5 CREDITS, FALL & WINTER TERMS

Section 001: Professor Stephen Smith – English Description: Basic concepts of extra-contractual obligations in the Civil Law and Common Law. Fault; causation; reasons for exoneration; apportionment of liability; forms of injury for which recovery can be obtained; limitations on damages; factual and legal presumptions; responsibility for the acts of others and for damage caused by property.

Method of Evaluation: Mid-term examination in December; final examination; in-term assignment.

Section 002: Professor Shauna Van Praagh – English Description: Basic concepts of extra-contractual obligations in the Civil Law and Common Law. Fault; causation; reasons for exoneration; apportionment of liability; forms of injury for which recovery can be obtained; limitations on damages; factual and legal presumptions; responsibility for the acts of others and for damage caused by property.

Method of Evaluation: Mid-term examination in December; final examination; in-term assignment.

Section 003: Professor Lara Khoury – French Description: Ce cours vise à enseigner les principes de base de la responsabilité civile dans les deux grands systèmes de droit occidentaux que sont le droit civil et la Common law, leur mutation dans la foulée de la révolution industrielle et leur forme contemporaine dans le contentieux en Amérique du Nord. Seront principalement étudiés les concepts suivants: obligation de diligence, faute, causalité, préjudice et son évaluation, moyens de défenses, présomptions légales et de fait, responsabilité pour le fait d’autrui et pour le fait des choses Method of Evaluation: Examen de mi-session, travail de session, examen final.

FOUNDATIONS OF CANADIAN LAW / FONDEMENTS DU DROIT CANADIEN PUB3 116 D1, PUB3 116 D2

4 credits, FALL & WINTER TERMS Section 001: Professor David Howes – English Description: Introduction to Aboriginal and other legal traditions of the world; overview of the spirit, history, and sources of Civil and Common Law traditions as reflected in the Canadian experience. This



course also explores the relationship between comparative and transsystemic approaches to law, public and private law, legal theories and ethics, the category of the person, and justice Canadian style. Lectures, videos and discussion Method of Evaluation: (tentative)

15% Reading Response Assignment distributed via MyCourses in early October, due three days later

30% Take Home Exam distributed during the Examination period, due four days later

10% Participation (based on class attendance and participation in class discussion)

45% 48 Hrs Take Home Exam distributed soon after the lectures in this course end in March.

Section 002: Professor Mark Antaki – English Description: This course aims to help you identify, articulate, and call into question some of your pre-conceptions about law and justice so that you may experience law as historically and culturally located. It aims to help you find law where you least expect it but also to appreciate law differently where you most expect to find it. It invites you to explore and appreciate the burden of judgment that various (‘legal’ and other) actors bear so that you may learn to see and celebrate acts of practical wisdom and not simply sets of objective rules. This course is a foundational one in that it encourages you, in the trans-systemic spirit, to think carefully and critically about the language you not only speak, but also inherit and inhabit.

Method of Evaluation: Multiple assessments.

Section 003 : Professor René Provost – Français Description: Introduction au concept de normativité juridique, son esprit, son histoire, ses aspirations, ses limites. Étude de la notion de tradition juridique, en prenant pour exemples les traditions de droit civil, de common law, de droit autochtone, de droit talmudique et de droit islamique. Exploration de plusieurs approches critiques du droit, dont, les Critical Legal Studies, la Critical Race Theory, l'approche sociologique, l'approche anthropologique, les études postcoloniales, l'analyse économique du droit, etc. Éléments de réflexion sur la nature et la fonction de la formation en droit, y compris l'approche transsystémique. Method of Evaluation: Test de comprehension; Examen maison; Essai final; Participation.

Section 004: Professor Daniel Weinstock – English Description: The course will examine the concept of law, and the institutions and practices associated with the concept, from a variety of disciplinary vantage points. Law will be interrogated as a cultural, ethical, philosophical, political, sociological (and so on) set of phenomena. Accordingly, a wide range of different kinds of texts will be explored in order to illuminate law from as many different perspectives as possible.



Method of Evaluation: Students will write a number of short, essay-style questions throughout the term, and will produce a longer, synthetic work at the end of term.

INTRODUCTORY LEGAL RESEARCH INTRODUCTION À LA RECHERCHE JURIDIQUE

PRAC 147 D1, PRAC 147 D2

3 CREDITS, FALL & WINTER TERMS Section 001: Professor Helena Lamed – English & French Description: Introduction to legal method: sources of aw, court structure, legislative process. Introduction to research, analysis and to expository and prescriptive legal writing. Teaching is in the class as a whole and in small groups. Method of Evaluation: Various in-term assignments

SECOND YEAR MANDATORY COURSES ADVANCED CIVIL LAW OBLIGATIONS

3 CREDITS, PROC 200 Section 001: Professors Angela Campbell and Daniel Jutras (001) – English Term: Fall

Description: The first objective of this course is to allow students to have a deeper understanding of the

civil law tradition and its methodology, through a concrete examination of the key elements of the

“Regime of Obligations” – the set of rules governing the relationship of debtors and creditors,

independently of the source of the obligation. The course examines all aspects of this relationship –

modalities of obligations, plurality of parties, conditional obligations, payment, transfer and extinction of

obligations – through case studies based on real life situations. It rests on a very close examination of

the Civil Code of Québec. The course is explicitly organized through problem-based learning, relying on

the personal responsibility of students for their learning. It requires a willingness to work in teams, a

commitment to rigorous attention to written sources, and a desire to master the basic material in

unconventional ways.

A mid-term in-class examination, a team project, and a participation component.



NEW DESCRIPTION! SUBJECT TO CHANGE Section 003: Professor Vincent Forray (003) – French Term: Winter Description: Le cours poursuit un double objectif. 1) Acquisition de connaissances approfondies en droit civil des obligations. 2) Développement d’une culture du droit civil en tant que tradition juridique. 1) Les questions étudiées sont choisies dans une matière qui s’étend depuis les sources de l’obligation (contrat, délit, quasi-contrat) jusqu’au régime des obligations. S’agissant de celui-ci, seront traitées les variétés, modalités et finalités des obligations ainsi que leurs modes de transmission et de circulation. 2) La culture civiliste pourra s’acquérir à la croisée de questions très diverses qui revendiquent toutes de se rapporter au droit civil : codification, légicentrisme, application de la règle par le juge, centralité du concept d’obligation… Du point de vue méthodologique, le cours cheminera de technique en critique, soutenu par la préoccupation constante d’interroger ce que font les juristes. Method of Evaluation: TBA

ADVANCED COMMON LAW OBLIGATIONS 3 CREDITS, PRV3 200

Section 001: Professor Wendy Adams – English Term: Fall Description: This course provides an opportunity to develop knowledge and skills related to the study of

private law obligations in the common law tradition. We will explore both the nature of common law

reasoning and selected issues and problems in the substantive law of obligations. Living in relation with

others, we inevitably present and respond to claims of how we should treat each other – claims that we

should not harm others, that we should be able to trust each other, that we will honour our promises,

and that we will not take from others that which we do not deserve. Throughout the course, we

examine the ways in which common law transforms some (but not all) such claims into relational

obligations.

Method of Evaluation: (1) Two in-class writing assignments, based on the course materials and class

discussions, together worth 1/3 of the final grade. (2) One reflective/analytical essay based on the

course materials and class discussions, due the final day of class, worth 2/3 of the final grade.

Section 001: Professor Shauna Van Praagh – English Term: Fall Description: Advanced Common Law Obligations develops knowledge, appreciation, comprehension,

and skills related to the study of private law obligations in the common law tradition. The course

explores both the nature of common law reasoning and selected issues and problems in the substantive



law of obligations. Proximity serves as an overarching theme for examining the contours and reach of

tort, contract and fiduciary obligations in specific contexts.

Method of Evaluation: 75%: Final Assignment, 25%: In-class short paper

Section 002: Me David Sandomierski – English Term: Winter Description: Advanced Common Law Obligations develops knowledge, appreciation, comprehension, and skills related to the study of private law obligations in the common law tradition. We explore in tandem the nature of common law reasoning and selected issues and problems in the substantive law of obligations. We will study, practice, and critique common law reasoning to explore how it reconciles respect for precedent with the need for law to respond to changing social and economic circumstances. Method of Evaluation: Final assignment and other in-term assessments. Biography: David Sandomierski is currently an SJD candidate at the University of Toronto. His research examines the intersection between the substantive law of obligations and the civic, professional, and liberal mission(s) of legal education.

COMMON LAW PROPERTY

4 CREDITS, PRV4 144 Section 001: Professor Kirsten Anker (001) – English Term: Winter Description: This course provides a survey of property concepts within the common law system. Students will examine historical reasons for the distinctive common law approach to property, the nature of property rights, how and why they are created and what can be done with them. By studying cases ranging from land to new technologies, students will investigate the nature of these concepts and how they apply in particular domains. The course will cover including the theory behind private property, the concept of possession, statutory and constitutional concepts of property, Aboriginal title, the doctrine of estates including determinable and defeasible estates, easements, licenses and leases, and expropriation. Method of Evaluation: Final examination and in-term assessments

Section 001: Professor Richard Gold (001) – English Term: Fall Description: The aim of this course is to introduce students to the basic principles of Canadian common law of property; and to provide a grounding for a number of advanced courses. As a basic course, it addresses a number of themes: classification of things as objects of property, the importance of “possession”, original and derivative acquisition of property interests, the role of “equity”, kinds of



property interests, including sequential interests and concurrent interests, interests affecting the land of other persons, and so on. The emphasis will be on real property law, but the law of personal property will be considered as well. Although the course is structured around fairly broad themes, students will be expected to demonstrate that they can manipulate the detailed rules and doctrines of the law, in keeping with the traditional common law method, which emphasizes fact-sensitivity and careful attention to the similarities and differences between cases. Method of Evaluation: Final examination and in-term group scenario building and negotiation assignment.

Section 001: Professor David Lametti – English

Term: Fall – This course will be offered in the Winter Term Description: This course provides a survey of the concept of property within the common law system. Students examine the nature of property rights, how and why they are created and what can be done with them. By examining cases ranging from land to cyberspace to biotechnology, students will examine the nature of these concepts and how they apply in particular domains. In doing so, the course will cover such topics as the theory behind private property, the concept of possession, statutory and constitutional concepts of property, the doctrine of estates including determinable and defeasible estates, easements, licenses and leases, and expropriation. Method of Evaluation: Quiz 25 %; Optional Paper 25 %; Exam 50 or 75%.

LEGAL ETHICS AND ADVOCACY

3 CREDITS, PRAC 155 D1, PRAC155 D2 Section 001: Professor Helena Lamed (001) – English & French Term: Fall & Winter Description: First term focuses on concepts in legal ethics, regulation of the legal profession, professionalism, and discipline. The written assignments will continue to develop research skills and will focus on persuasive writing skills. In the second term, students write an appeal factum and plead. Teaching alternates between the Class of the Whole and tutorial groups. Method of Evaluation: Short Quiz, and in-term assignments written and oral. Factums will be written and pleaded in the second term.

OTHER MANDATORY COURSES

BUS2 365 Business Associations (001) Me Jakub Adamski – English Fall, 4 Credits



Description: This course offers an introduction from a legal perspective to the most important ways by which individuals have structured their collaborative commercial activities. It will consider how essential questions associated with such activities are dealt with by several distinct legal structures. Attention is given to the basic legal features of agency and partnerships, the dominant legal business structures historically; and to the corporation, the predominant contemporary business form. Format: Lecture Method of Evaluation: In-class exercise (25%), final exam (75%).

BUS2 365 Business Associations Professor Paul Miller – English Winter, 4 credits Description: This course offers an introduction, from a legal perspective, to the most important ways by which individuals have structured their commercial activities. It will consider how essential questions associated with collaborative business activity are dealt with by each mode of business structure. Attention is given to the basic legal features of agency and partnerships which historically constitute the fundamental legal business structures, and to the corporation, the predominant modern business form. Format: Lecture Method of Evaluation: Optional midterm take home (25%) and a final sit down exam (75% or 100%).

BUS2 365 Droit des affaires (003) Professor Richard Janda – French Fall, 3 credits Description: Ce cours propose une introduction aux cadres juridiques qui constituent les entreprises et dans lesquels elles créent des normes. La société par actions sera au cœur de nos études. Pourquoi existe-t-elle? Qu'est-ce qui explique la prédominance de cette forme d'entreprise? Quels sont les enjeux juridiques principaux auxquels cette forme donne lieu? Quelles sont les variantes les plus importantes de cette forme d'entreprise à l'intérieur du capitalisme mondial contemporain? Le cours se veut une exploration juridique critique de ce phénomène primordial tout en donnant aux étudiants des outils pour s'orienter dans la rédaction des documents de base. À cette fin, il y aura trois exercices pratiques pendant le trimestre. Format: Lecture Method of Evaluation: 3 exercices en groupe (20% chaque; 10% individuel, 10% groupe); 15% contributions aux discussions en ligne; et 25% examen maison.

PUB2 111 Criminal Law (001) Justice Patrick Healy – English Winter, 3 credits



Description: An introduction to principles of liability in substantive criminal law, as found in the Constitution, statutes (notably the Criminal Code) and the common law. Format: Lecture Method of Evaluation: Option A – Examination 100%; Option B – Examination 75% and paper 25% (max. ten (10) pages).

PUB2 111 Criminal Law (002) Professor Alana Klein – English Summer 2015, 3 credits Description: This course will provide students with an introduction to the Criminal Law of Canada. We will consider the substantive principles of criminal liability developed in the Criminal Code, the Canadian Charter of Rights and Freedoms and the common law, as they play out in their social and procedural context. The focus of the course will be on developing a thorough and rich understanding of the basic substantive principles of criminal law, including the central elements of a crime (actus reus and mens rea) and of exculpation (i.e., defences). This course will keep a close eye on social and political factors that drive the distribution of criminalization across society through the construction of particular offences, through general principles of criminal responsibility and exculpation, as well as at various stages of the criminal process itself, including policing, trial processes and sentencing. We will therefore be considering how factors like culture, race, class, and gender affect perceptions of the objectives of criminal law, the reasons why certain behaviours are considered criminal, and the limits of the criminal law. Format: Lecture Method of Evaluation: 30% in-term assignment; 10% participation; 60% Final Exam.

PUB2 111 Droit pénal (003) Professor Marie Manikis – Français Fall Winter, 3 credits Description: Ce cours constitue une introduction au droit criminel canadien, qui se veut en même temps généraliste, inter-disciplinaire et partiellement comparative. Le droit criminel général est l'armature conceptuelle du droit criminel: l'ensemble des principes et concepts qui structurent son ordonnancement. Le cours ne portera que sur le droit criminel substantif, et n'envisagera la procédure pénale que de manière très incidente. On sera donc appelé à examiner les idées fondatrices du droit criminel moderne en ce qu'elles permettent de définir un certain nombre d'infractions, ainsi que les tensions auxquelles elles donnent nécessairement lieu dans la jurisprudence. Les notions clefs d'actus reus et de mens rea, l'imputation de la responsabilité pénale, ainsi que les principales défenses feront l'objet d'une attention détaillée. On verra en particulier comment l'adoption de la Charte des droits et libertés a amené les tribunaux à s'interroger sur des pans entiers du droit criminel. Le droit criminel, peut-être plus que toute autre branche du droit, ne saurait s'affranchir d'une compréhension des grands enjeux sociaux dans lesquels il s'insère.



Format: Lecture Method of Evaluation: TBA

PROC 124 Judicial Institutions and Civil Procedure (001) Professor Rosalie Jukier – English Winter, 4 credits Description: This course addresses the role of judicial institutions in the resolution of disputes in civil matters and includes an overview of the court structure in Canada, principles of the judicial system (independence, impartiality, open courts, accountability) as well as issues of access to justice. It also addresses civil procedure including pre-trial civil procedure in Canada; launching a civil action and pleadings; jurisdiction and standing; motions and interlocutory relief; pre-trial mediation and settlement; discovery, costs and class actions. Format: Lecture Method of Evaluation: Final examination (sit-down, open book, 75%) and one mid-term assignment (25%).

PROC 124 Judicial Institutions and Civil Procedure (001) Professor Patrick Glenn – English Winter Fall, 4 credits Description: An overview of the court structure in Canada as well as principles of the judicial system (independence, impartiality, open courts, accountability) and more generally the civil justice system and access to justice. Procedure: pre-trial civil procedure in Canada. Launching a civil action and pleadings; jurisdiction and standing; motions and interlocutory relief; pre-trial mediation and settlement; discovery, costs and class actions. Emphasis on Québec Code of Civil Procedure, Ontario Courts of Justice Act and Rules of Practice. Format: Lecture Method of Evaluation: Optional essay for a third of the credits and a sit-down final examination.

PROC 124 Droit judiciaire (003) Professor Geneviève Saumier – Français Winter, 4 credits Description: Le droit judiciaire privé a essentiellement pour objet le rôle que jouent les tribunaux judiciaires dans la résolution de différends en matière civile. On peut diviser la matière en trois grands thèmes : a) le droit d’agir en justice (intérêt pour agir, capacité, renonciation au profit d’un tribunal arbitral ou d’un tribunal judiciaire étranger, limites dues à l’immunité de l’État étranger, etc.) et l’accès aux tribunaux judiciaires; b) l’organisation des tribunaux judiciaires (nomination, irresponsabilité, indépendance et impartialité des juges, compétence rationae materiae et rationae personae, etc.); c) le fonctionnement des tribunaux judiciaires, tant lorsqu’ils sont appelés à trancher eux-mêmes le fond du



différend que lorsqu’ils sont appelés à intervenir afin de contrôler ou de prêter assistance à un autre mode de résolution de différends (négociation, médiation ou arbitrage, décision d’un tribunal administratif ou d’un tribunal judiciaire étranger, etc.). Ce cours transsystémique porte principalement, mais non exclusivement, sur le rôle que jouent et que devraient jouer les tribunaux judiciaires canadiens. Format: Lecture Method of Evaluation: In-term evaluation and sit-down open book final exam.

COMPLEMENTARY & ELECTIVE COURSES Please note that you must complete all program requirements in order to be granted the diplomas of B.C.L./LL.B. Consult the program requirements based on the year of admittance to the program. For courses that are part of the Complementary Requirements, the legend is as follows:

A = Complementary Principles of [Canadian] Administrative Law C = Complementary Civil Law course CC = Complementary Common Law course HR = Complementary Human Rights & Social Diversity course T= Complementary Transystemic course

CMPL 500 Aboriginal Peoples and the Law (001) (009) *HR* Professor Kirsten Anker – English Fall, 3 credits Description: Introduction to legal relationships between indigenous and non-indigenous peoples (treaties and negotiated agreements); state regulation of aboriginal peoples in Canada (constitutional powers, the Indian Act, criminal law and sentencing); and claims made by indigenous peoples (aboriginal title and rights, residential schools). The premise is that both the European-derived legal traditions and indigenous legal traditions are relevant to discussions of “law” in this context, and there will be a focus on the diverse forms, institutions and processes of law used by indigenous peoples. Format: Seminar Method of Evaluation: Class participation and exercises, quizzes, term paper.

PRV2 270 Law of Persons Professor Giorgio Resta Me Pierre Deschamps – English and French Winter, 3 credits Description: Historical and comparative introduction to the law of persons in the civil law tradition. Rules on the existence and attributes of physical and legal persons. Le corps humain et le droit. Protection des données et surveillance électronique. Les droits de la personnalité dans la société de l’information. Modes of recognition of legal persons. Domicile; acts of civil status; capacity and regimes of supervised protection. The intersection between private law and constitutional law: the ‘constitutionalization’ of the law of persons.

http://www.mcgill.ca/law-studies/undergrad-programs



Format: Lecture Method of Evaluation: Participation, including a short written component and final examination. Details to be provided at the commencement of the course Biography: Me Pierre Deschamps est diplômé en sciences religieuses de la Faculté de théologie de l’Université de Montréal et en droit de la Faculté de droit de l’Université McGill. Il a été associé au Centre de recherche en droit privé et comparé du Québec, Centre Paul-André Crépeau, pendant plus de 30 ans. Professeur adjoint à la Faculté de droit, il y a enseignée le droit de la responsabilité civile et le droit des personnes pendant de nombreuses années.

CMPL 580 Environment And The Law (001) (009) *A* Professor Richard Janda – English Winter, 3 credits Description: This course is an introduction to federal, provincial, municipal and aboriginal jurisdiction over the environment. In this introductory environmental law course you will learn how judges and legislators try to balance economic development and the protection of ecosystems and human health. During the first half of the semester, we will explore how subjects are compartmentalized jurisdictionally for the purpose of decision-making and regulation. The second half of the semester will explore different kinds of regulatory instruments. There will be a mid-term problem solving exercise and a final open-book exam. Format: Lecture Method of Evaluation: In term assignment, take home exam and participation.

SUBJECT TO CHANGE PUB2 400 The Administrative Process (001) *A* Me Alexander Pless– English Fall, 3 credits Description: This course is about the processes by which policy is translated into law and applied by politically or socially responsible agencies in Canada. Most important, it considers ways in which the internal procedures and choices of administrators operating under statutory and consensual delegations of power are themselves governed by law. Following a thematic introduction to public processes of social ordering and value selection in Canada, several kinds of statutory decision-makers, and one consensual decision-maker, will be examined: a federal regulatory agency; a human rights commission; a criminal-injuries compensation board; a licensing/inspection agency; an ombudsman; a Crown corporation; and a voluntary association. These case studies are intended to demonstrate the allocative, rule-making, managerial, distributive, adjudicative, mediative, educational, and policy-making functions of government at work. Yet they also are designed to provide an introduction to such matters as statute interpretation, delegated legislation, administrative discretion, administrative procedures, judicial review, statutory appeals, and institutional design. Format: Lecture Method of Evaluation: TBA



Biography: Alexander Pless is senior counsel and regional manager with the Attorney General of Canada.

He practices primarily in the areas of constitutional law, administrative law and Crown liability. His interests include judicial review, Crown liability, federalism, economic regulation and economic analysis of public policy.

PUB2 400 The Administrative Process L'État Administration (001) *A* Professor Richard Janda – English French Winter, 3 credits Description: This course is about the processes by which policy is translated into law and applied by politically or socially responsible agencies in Canada. Most important, it considers ways in which the internal procedures and choices of administrators operating under statutory and consensual delegations of power are themselves governed by law. Following a thematic introduction to public processes of social ordering and value selection in Canada, several kinds of statutory decision-makers, and one consensual decision-maker, will be examined: a federal regulatory agency; a human rights commission; a criminal-injuries compensation board; a licensing/inspection agency; an ombudsman; a Crown corporation; and a voluntary association. These case studies are intended to demonstrate the allocative, rule-making, managerial, distributive, adjudicative, mediative, educational, and policy-making functions of government at work. Yet they also are designed to provide an introduction to such matters as statute interpretation, delegated legislation, administrative discretion, administrative procedures, judicial review, statutory appeals, and institutional design. Format: Lecture Method of Evaluation: In term assignment, take home exam and participation.

PRV4 500 Restitution (001) (009) Me Ryan Rabinovitch – English Winter, 3 credits Description: This course is concerned with the cause of action in unjust enrichment in the common law tradition. It deals with the situation where there has been a transfer of wealth or value from the plaintiff to the defendant, but the circumstances surrounding the transfer are such that the law regards it as reversible at the instance of the plaintiff. In studying this body of law, we will spend most of our time trying to understand what circumstances make a transfer of wealth legally reversible. We will also consider some issues arising out of the question whether the defendant can be said to have been enriched, and whether that enrichment can be said to have been at the expense of the plaintiff. Finally, we will address a number of defences. Prerequisites: Common Law Property Format: Lecture Method of Evaluation: TBA

PRV5 582 Advanced Torts (001) (009)*CC*



Professor Margaret Somerville – English Winter, 2 credits Description: Students in this seminar examine in-depth, undertake a class presentation, and write a paper on a selected problem in the law of torts such as protection of privacy, interference with economic and other relations, defamation, products liability, liability for mental injury, systems negligence, environmental torts, prenatal torts, new areas of tort liability, professional malpractice, strict liability, the future of tort law, liability of statutory authorities, statutory compensation schemes, etc. Prerequisites: Extra-Contractual Obligations Format: Seminar Method of Evaluation: Seminar presentation, class participation, term paper.

BUS2 531 Banking Law (001) (009) Me Marc Lemieux – English Fall, 3 credits Description: This course focusses on the forms of payment that banks and other participants make available for use in Canada: cheques and drafts, letters of credit, credit, debit and prepaid cards, automated fund transfers (direct deposits and pre-authorized debits), electronic fund transfers and e-wallets. The main themes to be studied include: How is the payment industry regulated in Canada? What rules govern the various forms of payment? How are bank accounts and other payment and collection accounts instrumental in payment transactions? What legal relationships, statutory duties and other liabilities arise in payment transactions? Recent developments and emerging issues are discussed in a practical and trans-systemic manner. Class participation is encouraged. Prerequisites: TBA Format: TBA Method of Evaluation: One take-home assignment (worth 33 1/3% of the final grade) and an open-book final exam (worth 66 2/3% of the final grade). Biography: Me Lemieux is counsel at Dentons Canada and has been practicing banking and payment law for nearly 25 years. He is a member of the Bars of Ontario and Quebec, a former law clerk to Mme Justice L’Heureux-Dubé, a former Editor in Chief of the McGill law Journal and a graduate of the former National Programme of the Faculty of Law of McGill University.

NEW (Addendum)!!! BUS2 561 Droit de l’assurance

M. Louis-Philippe Constant (partner at Clyde & Co) – French Winter, 3 credits Description: Le droit des assurances terrestres. Une approche théorique solidement ancrée dans la pratique de ce droit au Québec. Le cours couvrira : les règles générales applicables à tous les contrats d'assurance terrestres au Québec, les règles spécifiques aux principales assurances de personnes et de dommages, la formation du contrat d'assurance, les obligations de l'assuré et de l'assureur (entre autres, l'obligation de défendre vs obligation d'indemniser), l'interprétation des contrats, les exclusions,



les procédures de réclamations, les recours entre assurés et assureurs, y compris la requête Wellington, et la subrogation. Method of Evaluation: TBA

BUS1 432 Bankruptcy and Insolvency (001) *A* Me Kenneth Atlas – English Winter, 3 credits Description: Bankruptcy and Insolvency: Federal bankruptcy law, including the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act, corporate restructuring using insolvency legislation, methods of becoming bankrupt, right to a discharge, the nature of claims provable in bankruptcy, impact on the person and his or her rights and on executory contracts, stays of proceedings, avoidance powers of trustees, and receiverships and workouts as alternatives to bankruptcy proceedings. Prerequisites: Secured Transactions recommended Format: Lecture Method of Evaluation: Optional 25% mid-term, 100% or 75% (for those who do the mid-term) final exam. Biography: http://www.blg.com/en/ourpeople/atlas-kenneth

This course has been cancelled: CMPL 565 International Humanitarian Law (001)(009) Professor René Provost – English Fall, 3 credits Description: "If international law marks the outer limits of our concept of formal law, then humanitarian law marks the outer limits of international law" - Hersch Lauterpacht. International humanitarian law or the Law of War, as a set of rules designed to regulate situations and behaviour marked by chaos, challenges our very notion of law. Politically, international humanitarian law has become a significant factor in international relations generally, and for Canada's foreign policy in particular. At a substantive level, international humanitarian law has experienced exponential development in the last fifteen years, largely in reaction to a series of armed conflicts in which the belligerents' conduct has been scrutinized by the international community. As a result, humanitarian law has emerged as a complex and unique regime to protect a series of fundamental individual and community interests in wartime. The seminar aims to provide students with an overview of the basic principles of international humanitarian law while at the same time stimulating critical perspectives on the current state of rules aimed at the protection of the victims of war. Prerequisites: Public International Law recommended Method of Evaluation: Participation including two short critiques (25%), and a research essay (75%). Maximum Enrolment: 20 undergraduates; 10 graduates



NEW (Addendum)!!! CMPL 568 Extrajudicial Dispute Resolution

Professor Marc Gold– English Fall, 3 credits Description: This is a trans-systemic course on so-called alternative dispute resolution (ADR) in civil and commercial matters. It is concerned with the law and practice relating to the extrajudicial means, i.e. negotiation, mediation/conciliation and arbitration, through which the majority of civil and commercial disputes are nowadays resolved in both common law and civil law jurisdictions. Selected topics will include the effective drafting of mediation and arbitration agreements, the relationship between extrajudicial means of dispute resolution and the judicial process as well as the enforcement of settlements and arbitration awards. Prerequisites: Judicial Institutions and Civil Procedure Method of Evaluation: Mid-term assignment (15%); Class Participation (15%); final take-home examination (70%). Biography: Marc Gold. Adjunct Professor of Law, has own practice as mediator and arbitrator. Subject areas: Alternative Dispute Resolution; Mediation; Constitutional Law; Human Rights.

CMPL 573 Civil Liberties (001) (009) *HR* Me Pearl Eliadis – English Fall, 3 credits Description: The course provides the conceptual foundations of civil liberties, and tracks the development of civil and political rights, starting with the right to be free from torture and moving on to legal rights, fundamental freedoms and national security issues. The focus of the course is on Canada, from early case law in the 1940s to the 1960s, through to the impact of the civil rights movement, the emergence of anti-discrimination protections in human rights laws and their connection to liberty, and the emergence of the Charter. Relevant aspects of international human rights law are addressed as well. The course examines critically popular conceptions of civil liberties: that the rights are universally accessible; that they are uniquely or mainly focused on government action, and that they are only justiciable with respect to negative claims as distinct from positive obligations of the government to respect, protect and fulfill rights. Guest lecturers will offer alternative perspectives on minority rights and their experience with civil liberties. Prerequisites: Constitutional Law Method of Evaluation: Research paper (fulfills faculty writing requirement - 75%) and combined alternative methods (presentations, short research reports) for the remaining 25% Biography: Human rights lawyer based in Montreal. Civil and political rights; national human rights institutions; economic, social and cultural rights; women's rights; national security issues; immigration, refugee and migrant issues; disability issues; law and civil society

PROC 459 Civil Litigation Workshop (001)



Me James A. Woods with Me Sarah Woods – English and French Fall, 3 credits Description: The course is designed to provide both the technical and practical tools necessary the advocate in civil litigation including the techniques applicable in discovery, production of exhibits, the examination of expert and ordinary witnesses, legal argument and trial tactics, culminating in a day-long simulated trial. Format: Lecture Method of Evaluation: Class Participation: 40%; Final Trial Performance: 60% Biography James A. Woods: Ad. E. is the founding partner of Woods LLP. A member of the bar in various Canadian provinces as well as the Law Society of England and Wales and the Paris bar, he is frequently named as one of the best lawyers in Quebec and Canada. He is a fellow of the American College of Trial Lawyers, the Litigation Counsel of America, and the Federation of Defence and Corporate Counsel. For over 25 years, Me Woods has taught the course on civil litigation at the McGill University Law Faculty. With 37 years of experience in the litigation arena, he enjoys a sterling reputation in the courts of Quebec and Ontario, as well as the Federal Court and the Supreme Court of Canada. He was awarded the Advocate Emeritus honorary distinction by the Quebec Bar in 2013. Biography Sarah Woods: is a partner of Woods LLP and a member of the Quebec Bar and of the Law Society of Upper Canada. She has appeared before all levels of Quebec courts and before the Federal Court. Her diverse practice includes all aspects of commercial litigation, including shareholder disputes, securities litigation, professional liability and class actions. Me S. Woods has also taught civil litigation as co-professor with Me J. Woods at the McGill University Law Faculty for the past 9 years.

PROC 549 Louage (003) (010) Me Valérie Mac-Seing –French Winter, 3 credits Description: Dans un premier temps, ce cours vise à enseigner les principes de base du louage commercial immobilier québécois sous la perspective tant du bailleur que du locataire, ayant trait à un usage bureau, commerce de détail ou industriel. L’approche adoptée sera éminemment pragmatique et centrée sur la négociation de tels baux commerciaux. Dans un deuxième temps, nous survolerons les règles applicables en droit civil québécois relativement au crédit-bail et à la vente à tempérament d’équipement, incluant l’examen des particularités applicables à la location d’aéronefs. Format: Seminar Method of Evaluation: in term assignment and 24h take home exam. Biography: Valérie Mac-Seing is a partner in the Montreal office of McCarthy Tétrault. She practises commercial law, with broad expertise in real estate acquisitions, dispositions and structured finance. Me Mac-Seing advises real estate investment funds, pension funds, foreign investors, lenders, and real estate promoters in all aspects of their real estate transactions, and represents lenders and borrowers in the implementation of interim and permanent financing and in the financing of large corporations. She is also involved in the real estate aspect of commercial transactions such as the development and financing of projects in the energy, mining and infrastructures sectors.



CMPL 577 Communications Law (001) (009) *A* Dr. Sunny Handa – English Winter, 3 credits Description: This course deals with both the carriage and content dimensions of communications law and with regulatory institutions and regimes. The central jurisdictional example used throughout the course will be Canada and the role of the CRTC (telecommunications and broadcasting), Industry Canada (telecommunications and radiocommunications) and the Department of Canadian Heritage (broadcasting). The course will track the tension between economic regulation in telecommunications and cultural policy in broadcasting and the new paradigm being brought forward by the Internet. Technological and business convergence, rapid change in business organizations, international alliance structures and the role of the Internet will form the backdrop to the course. Format: Seminar Method of Evaluation: Class participation: 25%, Formal presentation (includes a written component): 15%, written paper: 30% and Quizzes 30 %. Biography: Dr. Handa is a Partner and Co-Practice Group Leader of Blake, Cassels & Graydon LLP’s Technology Practice Group and the firm’s India Practice Group. He has a substantial practice in mergers and acquisitions of technology companies and also deals with information technology, communications (telecommunications and broadcasting), intellectual property, and electronic commerce matters, and a wide range of corporate/commercial matters relating to technology and communications businesses. He also has an active life sciences/health law practice and has worked extensively for some of the world's largest pharmaceutical companies on a wide array of operational drug-related as well as corporate and commercial matters. Dr. Handa has published widely in legal literature and has authored and co-authored a number of books on information technology, communications law, copyright law and business. He has advised various governments and his writings have been cited with approval by many courts, including the Supreme Court of Canada.

CMPL 551 Comparative Medical Law (001) (009) Professor Margaret Somerville – English Fall, 2 credits Description: Students in this seminar examine in-depth, undertake a class presentation, and write a paper on a topic of current interest in medical law. Such topics include euthanasia, aging population, genetics, patient's rights, psychiatry, medical malpractice, reproductive technology, medical research, liability of ethics committees, etc. All aspects of the problems selected must be dealt with from a comparative law point of view and include Canadian law. The class comprises both graduate and undergraduate students. This course is particularly suited for law students with a background in some other field of study such as environmental problems, religious studies, ethics, medicine or paramedical fields, psychology, etc. who wish to undertake some transdisciplinary work. This is not to say that there are not many problems in the area which can be dealt with simply from a legal basis. Format: Seminar Method of Evaluation: Seminar presentation, class participation, term paper.



CMPL 553 International Maritime Conventions (001) (009) Me John G. O'Connor – English Fall, 3 credits Description: A comparative course dealing with maritime law in Canada, the U.K., the U.S. and France, with a special focus on international maritime conventions. Substantive maritime law topics will include the history, jurisdiction and practice of the Admiralty Courts, ship registration, ship mortgages, general average, marine insurance and pilotage. International conventions in respect of collisions, limitation of liability, ship arrest, salvage, maritime liens, marine pollution and the safety of life at sea will be compared to national laws. Method of Evaluation: Examination.

BUS2 505 Corporate Finance (001) (009) Me Marc Barbeau – English Fall, 3 credits Description: This course focuses on advanced issues in business and corporate law. It provides the opportunity to understand how different areas of law interact in corporate capital structures and the core principles involved in designing these structures. Topics considered include the distinctive features of corporate securities, including shares and debt obligations, as well as their rights and protected expectations in transformative transactions. The course requires students to draw upon their entire legal studies to address practical issues in corporate law. Prerequisites: Business Associations Format: Lecture Method of Evaluation: Participation and take-home examination (24 hours) Biography: Marc Barbeau is a partner and a member of the firm’s Partnership Board. He is also a member of the Montréal Management Committee. Me Barbeau practices in the areas of mergers and acquisitions, complex reorganizations and corporate governance, including with respect to advising senior management and boards of directors. From 2005 until 2011, he headed the Montréal Business Law Group. Me Barbeau has lectured in Corporate Finance at the Faculty of Law, McGill University since 1996. He has been a panelist at conferences. Me Barbeau received the 2012 James A. Robb Award presented by the McGill University Faculty of Law.

SUBJECT TO CHANGE PUB2 517 Corporate Taxation (001) (009) Me Robert Raizenne – English Fall, 3 credits Description: An extensive treatment of the taxation of business entities with an emphasis on the corporation and its shareholders; incorporation; continuance; reorganizations; distributions; some elements of the taxation of corporate finance; specific tax avoidance doctrines and rules; the General Anti-Avoidance Rule; and some consideration of the taxation of partnerships and trusts



Prerequisites: Business Associations and Taxation Format: Lecture Method of Evaluation: TBA

PUB2 422 Criminal Procedure (001) Professor Marie Manikis – English Fall, 3 credits Description: This course will provide students with an introduction to the Canadian criminal process, from police powers to detain, question, search, seize and arrest, through pre-trial procedures such as bail, disclosure, election and plea, and finally through the trial itself, including juries and trial procedure. The course will focus throughout on the effects of the Canadian Charter of Rights and Freedoms on criminal procedure. Critical perspectives of how the criminal process ought to be understood in light changing social, political and constitutional contexts will be explored. Prerequisites: Criminal Law; Evidence (Civil Matters) or Evidence (Criminal Matters) recommended. Format: Lecture Method of Evaluation: TBA

NEW (Addendum)!!! LAWG TBA SP Topics International Migration Law

Professor François Crépeau – English Winter, 3 credits Description: This seminar explores various aspects of mobility and migration, as they affect the two paradigms of international law, i.e. territorial sovereignty and human rights, and tries to draw the outline of a common conceptual framework for understanding domestic migration and mobility policies and practices, as well as regional and global migration governance issues: definition and relationship between “forced” and “voluntary” migration, repression of irregular migration, temporary migrant worker programmes, anti-trafficking policies, trans-border exchange of immigration intelligence and personal data of migrants, climate-change-induced migration, gender- and age-related migration policy issues, the empowerment of migrants as rights-holders, etc. Prerequisites: Public International Law Format: Seminar Method of Evaluation: Participation (10%); Class presentations (15%); research paper (75%)

NEW (Addendum)!!! LAWG 536 (002) (010) SP Topics in Law 17 Theorizing and Working across

Legal Orders: Pluralisms, Pedagogies, Application, and Comparative Approaches



Professor Hoi Kong with Professor Val Napoleon of UVic Law – English Winter, 3 credits Description: The faculties of law at the University of Victoria and McGill University are currently engaged in serious reflection about how to teach law across legal orders and societal bounds in a way that captures the full complexity of law in plural, colonial, modern, and globalizing societies. This seminar will draw on these reflections by inviting scholars from both faculties to present scholarship on questions relating to the relationship between comparative law, broadly defined, and legal pedagogy. These papers will be the starting point for inquiries into subjects that may include (1) legal pluralism in a colonial context, (2) substantive articulation and theorizing of indigenous law (with an emphasis on the Cree, Dene, Gitksan, and Anishinabek), (3) legal or constitutional theory, (4) interdisciplinary research and teaching across legal orders; and (5) trans-systemic or trans-national private or procedural law. Format: Seminar Method of Evaluation: Required short weekly posts on the course website; final essay.

NEW (Addendum)!!! LAWG TBA SP Topics in Law Public Policy, Law and Digital Media

Professor Shaheen Shariff – English Fall, 3 credits Description: Brief outline of topics and outcomes: The goal of this course is to provide law students with an understanding of contemporary public policy challenges that have emerged with the rapid evolution of technologies and extensive adoption of digital forms of communication. Legal boundaries that were traditionally taken for granted, have become increasingly blurred as policy makers in government, public institutions and the corporate world, attempt to balance free expression, privacy, protection, accountability, culpability and regulation of online content. Students will consider questions about whether existing legal frameworks can adequately address and inform public policy, or whether public policy debates on uses of the Internet and digital media will inevitably re-shape the law. Topics will include discussion of the controversial "Cyberbullying" bill – Bill C-13 and concerns over surveillance and breach of citizen privacy; legal obligations on educational institutions to provide environments free of discrimination and what that might mean in a digital world; concerns over "rape culture" and sexting and the legal implications of that; the need for public legal education and enhanced legal literacy and how that would inform non-arbitrary policy development; influence of news media and political climate and new legislation and policy development. Format: Seminar – interactive class. Students should prepare to engage in discussions. Method of Evaluation: 1) Case Study Analysis and Develop Public Policy Guidelines 30% 2) Moot Court Presentation: Legal and Public Policy Considerations 30% 3) Final Research Paper 40% Biography: Public policy and the intersection of law and education; legal issues in education including law and technology; cyberbullying and sexting at a school and university levels; fostering legal literacy and public legal education; constitutional, human rights and legal pluralism; private law considerations – defamation, negligence as they relate to social media and online communications among students.



LAWG 534 ST International Capital Markets (001) (009) Professor Cally Jordan – English Winter, 2 credits (accelerated courses) Description: This course will examine the phenomenon of the internationalisation of capital markets in the last 20 years from a legal and regulatory perspective. An introductory section will look at the history, trends and issues associated with internationalisation of the markets and the regulatory techniques that have developed in response to them. Several different markets will be studied, regulated and unregulated, developed economies as well as developing or emerging markets, the Euromarket, the European Union, and the United States. Part of the course will be devoted to specific US regulatory responses to the internationalisation of capital markets: Foreign private issuer exemptions, Regulation S, Rule 144A, Mutual Recognition Systems, ADRs. The last part of the course will examine the changing role and structure of stock exchanges, the emergence of international standards, the work of the International Organization of Securities Commissions (IOSCO) in developing principles of securities regulation and disclosure; and the role of international financial institutions such as the International Monetary Fund and The World Bank, developments in China and Brazil and basic principles of Islamic finance. Prerequisites: Business Associations Format: Seminar Method of Evaluation: Sit down exam. 2 hours and an optional in class presentation worth 25% of final mark in PowerPoint or written outline form, together with a detailed bibliography on a selected topic approved by the instructor. Biography: Cally Jordan has both civil and common law degrees from McGill and a DEA from the Université de Paris I (Panthéon-Sorbonne) where she studied with Jacques Ghestin, Geneviève Viney and Paul Lagarde. She also holds an MA from the University of Toronto. Admitted to practice in Ontario, Quebec, New York, California and Hong Kong, she spent several years with Cleary Gottlieb Steen & Hamilton in NYC. She has advised international financial institutions, such as The World Bank, in Indonesia, Vietnam, the Philippines, Tunisia, China, Chile, Korea, Slovakia, Armenia, Macedonia, Lithuania, Egypt, Kenya, Uganda, Tanzania, Bahrain, Mauritius and Cambodia. Between 1995 and 1998, as full-time advisor to the Secretary for Financial Services, she authored proposals for a new Hong Kong company’s law. She now teaches International Capital Markets, Corporations, International Corporate Governance and Comparative Law at Melbourne Law School and has taught at McGill, Osgoode Hall, Duke, Georgetown, Tulane, Florida, CTLS (London) and IUC (Torino). Recently, she has been a visitor at the Max Planck Institute (Hamburg), the London School of Economics and the British Institute for International and Comparative Law. In 2013, she was the P.R.I.M.E. Finance Fellow at the Netherlands Institute for Advanced Study and will be Dean’s Visiting Scholar at Georgetown in Washington DC in 2014. A member of both the American and European Law Institutes, she also serves on the Local Capital Markets Advisory Council of the EBRD, London. Her latest book, International Capital Markets: Law and Institutions, Oxford University Press, appears in May 2014.

LAWG 502 Sustainable Development Law (001) (009) *T*



Professor Sébastien Jodoin – English Winter, 3 credits Description: This course focuses on the role that law can play in reconciling the economic, social, and environmental objectives of multiple actors and contributing to the emergence of more sustainable patterns of behaviour and forms of development. The first part of the course introduces different conceptions and criticisms of sustainable development and discusses various approaches for measuring and assessing the sustainability of institutions and outcomes. The second part of the course explores multiple theories of change drawn from political science, economics, management, sociology, and social psychology that can be used to understand how law can be used to promote or obstruct meaningful transitions to sustainability at various scales (individual, organizational, national, and international). The third part of the course examines the potential and limitations of different types of instruments and interventions that aim to move the world towards a more sustainable path, including national laws and institutions, property rights, international conventions and regimes, public interest litigation, corporate codes of conduct, certification programmes, social enterprises, multi-stakeholder governance, community-based approaches, and public advocacy and education. The fourth part of the course is organized around a series of sectoral case studies, including climate change, forestry, fisheries, biodiversity, extractive industries, food regulation and safety, and urban development. Ultimately, this course aims to provide students with the skills and knowledge that will enable them to develop a sophisticated theory of change and use it to craft and implement effective solutions to complex problems at the intersections of economic, social, and environmental governance. Format: Seminar Method of Evaluation: 10% participation; 40% oral presentation; and 50% final paper. Biography: Sébastien Jodoin is an assistant professor at the Faculty of Law of McGill University. His research seeks to understand the production and practice of law in the context of its relationship with processes of policy and social change, new and evolving forms of public and private governance, and the manifold forces associated with globalization. Prior to his appointment at McGill, Sébastien worked for the Centre for International Sustainable Development Law, the Canadian Centre for International Justice, Amnesty International Canada, the United Nations International Criminal Tribunals for Rwanda and the former Yugoslavia, and Aon Risk Services. He is currently completing a PhD in environmental studies (law and public policy) at Yale University and holds a master’s in international relations from the University of Cambridge, a master’s in law from the London School of Economics and Political Science, and degrees in common law and civil law from McGill.

LAWG 505 : Critical EngagementS with Human Rights (001) (009) Dr. Nandini Ramanujam – English Fall, 3 credits Description: This seminar examines the connections between the theory and practice of human rights. It explores theoretical, ethical and strategic issues related to human rights discourse, advocacy and activism, and critically examines fact finding, monitoring and reporting, litigation, grass roots mobilization and media engagement in advancing human rights The seminar is built upon recognition that students bring knowledge, experience and a diversity of perspectives to the classroom. The seminar draws heavily from students’ experiences, which guide the exploration of theoretical, ethical, and strategic issues related to human rights work. It represents part of an innovative clinical education program developed at the Faculty.



The second half of the course is conceived as a writing workshop with the aim of translating field experiences into academic writing. The seminar employs participatory and collaborative learning strategies and the research and writing was guided through a systematic peer review process. Students who register in the course must have completed a Human Rights Internship, unless permission is granted by the instructor. Prerequisites: Human Rights Internship Field Placement (open to students who have pursued independent internships). Format: Seminar Method of Evaluation: Paper (10% will be drawn from participation in peer review); Participation and

Presentation; Podcast.

LEEL 369 Labour Law (001) *A *HR Professor Adelle Blackett – English (with extensive class participation both in French and English) Fall, 3 credits Description: This course provides a general introduction to labour law, focusing on collective bargaining and labour relations. Its emphasis is on the Quebec Labour Code and the Canada Labour Code, with frequent references to Ontario and other provincial developments. The course will also examine the effects of economic globalization on the efficacy of existing approaches to labour law. This course is the companion course to Employment Law. Prerequisites: None, although Administrative Process is recommended. Seminar: No, although students are invited to participate extensively and thoughtfully in classroom discussion. Method of Evaluation: Class participation: 25%; final examination: 50% or 75%; optional assignment or essay: 25%.

LEEL 570 Employment Law (001) (009) *A, T* Me François Longpré – French Fall, 3 credits Description: This course proposes a pragmatic approach to the study of the individual contract of employment, beginning with an analysis of the relevant provisions of the Civil Code of Quebec and of the teachings of the Common Law. We will then turn our attention to employment standards, occupational injuries, workplace health and safety and human rights issues in the employment context. This course complements the Labour Law course. Format: Lecture Method of Evaluation: Optional paper, final sit down exam. Biography: In private practice at Borden Ladner Gervais LLP and predecessors since 1989. Partner since 1998. Specializes in Labour & Employment Law, Workers’ Compensation, Occupational Health & Safety, Workplace Human Rights and Privacy



LEEL 570 Employment Law (001) (009) *A, T* Professor Adelle Blackett – English Winter, 3 credits Description: This course provides a transsystemic study of the individual employment relationship. It examines the historical development of private law notions from the master-servant relationship, and considers the impact of codal reform, protective statutory regimes and human rights law on contemporary employment law and practice. Throughout the course, the relationship between economic globalization and the efficacy of existing approaches to governing employment will be explored. This course is the companion course to Labour Law. Prerequisites: None, although Administrative Process is recommended and Labour Law would be an asset. Seminar: No, although students are invited to participate extensively and thoughtfully in classroom discussion. Method of Evaluation: Class participation: 25%; final examination: 50% or 75%; optional assignment or essay: 25%.

CMPL 536 European Union Law 1 (001) (009) Professor Armand de Mestral – English Fall, 3 credits Description: An analysis of the institutional provisions of the Treaties establishing the European Union and current projects in creating a homogenous structure for commerce and competition within the Single Market. This course will stress the law governing the institutions, the relationship between community and domestic law and the process of judicial review by the Court of European Communities, external relations and the principles governing the free movement of goods, services, persons and capital. Comparisons are made with federal systems and free trade areas. Prerequisites: Public International Law recommended Format: Lecture Method of Evaluation: Optional paper (33 1/3%) and examination Biography: International Trade Law; Public International Law; International Arbitration; Law of the Sea; International Environmental Law; Constitutional Law and Comparative Constitutional Law; European Community Law; The Law of International Economic Integration; International Humanitarian Law.

LAWG 415 Evidence (Civil Matters) (001) *T* Professor Frédéric Bachand – English Fall, 3 credits Description: Basic principles of evidence as applied and developed in the context of civil litigation in Canadian jurisdictions and, more generally, in the French civil law and the Anglo-American common law traditions. Topics include theories of proof and evidence, adversarial and inquisitorial systems of proof,



burden and standard of proof, relevance, the different kinds of evidence, i.e. notarial and documentary evidence, testimonial evidence (lay and opinion evidence), presumptions, admissions, demonstrative and autoptic evidence, the principal rules of admissibility, including the hearsay rule and its exceptions, and rules of extrinsic policy such as privileges and the exclusion of improperly obtained evidence. Format: Lecture Method of Evaluation: Mid-term exam and final take-home exam.

LAWG 415 Evidence (Civil Matters) Preuve civile (003) *T* Me Mitchell – English Français Winter, 3 credits Description: Basic principles of evidence as applied and developed in the context of civil litigation in Canadian jurisdictions, with occasional references to the French civil law and the Anglo-American common law traditions. Topics include historical roots of the law of evidence in Canada; theories of proof and evidence; the role of the judge in the administration of evidence; burden and standard of proof; relevance and probative value; the different kinds of evidence, i.e. documentary evidence, testimonial evidence (lay and expert evidence), presumptions, admissions, production of material things); judicial notice; the principal rules of admissibility, including the hearsay rule and specific rules relating to the proof of contracts; and rules of extrinsic policy such as privileges, professional secrecy and the exclusion of improperly obtained evidence. Format: Lecture Method of Evaluation: a) a 100% final, or b) 75% final and 25% in term assignment. Biography: He is a practitioner with the firm of Irving Mitchell Kalichman, a litigation firm in Montreal. He has been a sessional lecturer in Civil Evidence at McGill for a number of years.

SUBJECT TO CHANGE LAWG 426 Evidence (Criminal Matters) (001) Professor Alana Klein – English Winter, 3 credits Description: An introduction to principles of evidence with a focus on admissibility in criminal matters. Topics include burdens of proof, relevance, hearsay, opinion, character, similar facts, confessions and illegally-obtained evidence. Critical perspectives on the fact determination process and the impact of rules and principles of evidence on marginalized groups will be considered. Prerequisites: Criminal Law (mandatory); Criminal Procedure and Evidence (Civil Matter) (recommended) Format: Lecture In-term assignments: TBA

NEW (Addendum)!!! LAWG 200 Commercial law Transystemic



Me Howard Greenfield, – English Fall, 3 credits Description: Commercial law, unlike civil or common law, is not an integrated or unified system of rules dealing with legal relations at large. It is rather an assortment of laws serving the commercial world and regulating business transactions. This course will identify the sources of commercial law, the actors, and the transactions involved. Though the primary emphasis will be on the contract of sale of moveables in Quebec law, the common law on the subject will also be considered from a comparative point of view. Leasing, Banking and Negotiable Instruments, as well as Letters of Credit will also be considered. Finally, some matters of procedure and evidence in commercial matters will be discussed. Format: Lecture Method of Evaluation: There will be a final exam worth 70% of the student’s final grade. A term paper on a subject to be agreed upon will count for the remaining 30%. Biography: Howard Greenfield is a lawyer in his thirty-second year of private practice. He specializes in civil and commercial litigation. He is a graduate of McGill, holding a degree in Civil and Common Law, as well as a B.A. in Philosophy.

*** NEW *** LAWG 273 Droit de la famille (001) *T*

Me Marie Christine Kirouack – Français Fall, 3 credits Description: L’objectif du cours est de présenter une introduction à la famille, tant d’un point de vue social que juridique. La notion de droit et même celles de famille ne se marient pas toujours bien; elles demeurent néanmoins inséparables. Nous analyserons la famille telle qu’elle est appréhendée dans les traditions de common law et de droit civil au Canada. Le cours s’articule autour des six thèmes suivants : définition de la famille dans l’ordre juridique; la relation parent(s)-enfant; les effets de la relation parent(s)-enfant; la vie commune; la dissolution de la vie commune; autres enjeux (religion et culture; droit public de la famille; etc.). Perspective critique et historique. Format: Lecture Method of Evaluation: Un quiz en classe 25% - examen final à livre ouvert 75% Biographie : Me Marie Christine Kirouack, a obtenu son diplôme de droit civil cum laude de l’Université McGill à Montréal. Depuis plus de 25 ans, Me Kirouack a pratiqué exclusivement en droit de la famille et des personnes s’occupant tant de dossiers qui relèvent de la séparation des familles, que de questions relatives à sa composition et son unicité, soit la filiation, l’adoption et les dons de gamètes. Celle-ci siège depuis 1994 au conseil d’administration de l’Association des avocats et avocates en droit de la famille dont elle a assumé la présidence de mai 2005 à octobre 2011. En décembre 2002 et 2011, Me Kirouack s’est vu attribuer le Mérite de l’AAADFQ en droit de la famille. Elle siège également sur divers comités du Barreau du Québec, dont le Comité en droit de la famille. En février 2011, celle-ci s’est vu offrir le poste de gestionnaire du Pamba (Programme d’aide aux membres du Barreau du Québec) qu’elle occupe depuis. Depuis près de vingt ans, Me Kirouack a donné de nombreuses conférences, formations et écrit nombre d’articles de doctrine dans le domaine du droit de la famille. Celle-ci a également agi à titre d’avocate-conseil, notamment, pour le conseil du statut de la femme et la Fédération du Québec pour le planning des naissances en matière de reproduction assistée.



LAWG 273 Family Law (001) *T* Professor Helena Lamed – English Winter, 3 credits Description: Examination of legal concepts surrounding ideas of family: relationships of conjugality and the obligations arising from them, relationships of parentage (biological, adoptive and social), and the legal, economic and social consequences of rupture of relationships (divorce, support obligations, division of property, custody) in Quebec and in common law jurisdictions; family law in the context of access to justice and alternative dispute resolution. Format: Lecture Method of Evaluation: 1 in term quiz for 25%, 1 writing assignment 25% and final exam worth 50%.

LAWG 273 Family Law (001) *T* Professor Angela Campbell – English Fall, 3 credits Description: This course examines legal conceptions of the family and the relationships that exist within it, in particular, those between spouses and persons in intimate personal relationships, between children and parents, and between children and persons having a quasi-parental role (e.g., grandparents, step-parents). Particular themes considered include the nature and effects of the parent-child relationship (including issues related to establishing parentage through biological, social and adoptive links; surrogacy; assisted reproduction; custody and access; and child support), and the nature and effects of conjugal relationships (including issues related to marriage and conjugality, separation, divorce, spousal support and domestic agreements). The course will examine how these issues are treated in the common law, civil law and Aboriginal customary law traditions of Canada. Reference to other jurisdictions may also be made where relevant. Format: Lecture Method of Evaluation: TBA

PUB2 551 Immigration and Refugee Law (001) (009) *A, HR* Professor François Crépeau – English Fall, 3 credits Description: Immigration and refugee law concerns the fundamental question of who gets to be a member of a particular political community and how States regulate the crossing of borders. This course will examine how international law and domestic law deal with several migration issues: territorial sovereignty, border controls, immigration policies, temporary migrant workers policies, refugee status determination, temporary protection status, internally displaced persons, migrant smuggling, human trafficking, anti-terrorism policies, the role of administrative law in domestic immigration policies, the role of domestic courts and tribunals in protecting the human rights of migrants, identity politics and nationalist populist discourses, and the extent to which the rule of law generally can protect the human rights of migrants, wherever they are, as they lack status as citizens or permanent residents.



Format: Lecture Method of Evaluation: Class presentations and papers (50%); final exam (50%).

This course has been cancelled: BUS2 500 Copyright and Trademark Theory (001) (009) Professor David Lametti – English Winter, 3 credits Description: This course consists of an examination and critical assessment of the some issues in

copyright and trademark. The first part of the course will focus on current issues in copyright, for

example, copyright reform, fair dealing/use, digital rights management, technological protection

measures, and infringement in the internet context.

The second part of the course will focus on more specific issues in trademark. These include issues associated with the changing nature of the market and the (perhaps changing) role that trademarks play in the market. Prerequisites: Intellectual and Industrial Property Format: Seminar Method of Evaluation: Two short thought papers worth 75%; seminar presentation/introduction of class reading: 15%; Class attendance and participation: 10%

BUS2 502 Intellectual and Industrial Property (001) (009) Professor Richard Gold – English Fall, 3 credits Description: Intellectual property law provides a means through which to analyze the ways in which legal systems and markets seek to regulate aspects of innovation and creativity. The course will provide students with a general knowledge of the basic laws of copyright, trademark and patents, and a foundation upon which to build a deeper knowledge of intellectual property law. Prerequisites: Common Law Property Format: Lecture Method of Evaluation: Final Exam and other in-term assessments

BUS2 502 Propriété intellectuelle (001) (009) Professor David Lametti – French Winter, 3 credits Description: Intellectual property law provides a means through which to analyze the ways in which legal systems and markets seek to regulate aspects of innovation and creativity. The course will provide students with a general knowledge of the basic laws of copyright, trademark and patents, and a foundation upon which to build a deeper knowledge of intellectual property law.



Prerequisites: Common Law Property Format: Lecture Method of Evaluation: Final Exam and other in-term assessments.

PUB2 502 International Criminal Law (001) (009) *HR* Professor Payam Akhavan – English Winter, 3 credits Description: Pinochet, Milosevic, Hussein, Kambanda, Taylor, Habré, Lubanga… The worldwide trend which is bringing former heads of states to account for some of their crimes is one of the most noteworthy in the recent development of international law. Drug trafficking, Money laundering, corruption, organized crime, cybercrime…Simultaneously, there seems to be no end to the need for the criminal law to internationalize itself. Together, these two trends – the criminalization of international law and the internationalization of criminal law – form part of the burgeoning discipline of international criminal law. This seminar proposes to discuss the main stakes begins the emergence of international criminal law. Both substantive international law (the actual crimes) and its enforcement mechanisms (domestic and international trials but also prevention and judicial cooperation) will be studied. The course will seek to provide a broad critical overview that merges the conceptual and the technical. Prerequisites: Criminal Law and Public International Law (Recommended) Format: Seminar Method of Evaluation: Class assignments (50%); final exam (50%).

CMPL 546 International Environmental Law and Politics (001)(009) Professor Jaye Ellis – English Fall, 3 credits Description: This course examines ongoing attempts to bring law to bear on transboundary environmental impacts, focusing on public international law but addressing emerging bodies of transnational law as well. The course addresses the general architecture of international environmental law, examining broad principles, procedural obligations, and issues of state responsibility and liability before turning to sector-specific regimes, including non-state regimes. Cross-cutting themes to be addressed include compliance mechanisms, market-based mechanisms; collisions with other regimes, and the interface between science and law. Prerequisites: Public international law Format: Lecture

Method of Evaluation: Participation, written assignment, and take-home examination.

This course has been cancelled:



CMPL 571 Dt. International des droits de la personne (001) (009) *HR Professor François Crépeau – French Winter, 3 credits Description: Human rights have become the ubiquitous discourse of the international community. But what lies behind the rhetoric? Is there such a thing as international human rights law? How does it relate to state sovereignty? Are international human rights part of international law? Do they have special value? Do international human rights make a difference in the practice of states? Do international human rights make a difference in the lives of individuals? Should international human rights law be different than it is? How is it enforced? Who benefits? What status, if any, does it have under domestic law? This course seeks to provide an introduction to international human rights law. It will examine the birth of the international human rights regime, and various regional sources embodying human rights principles. It will provide an introductory analysis of different generations of rights, their content and relation to each other, as well as the impact of inter-civilizational dialogue on the formulation of the global human rights regime. It will assess the role of universal (United Nations) and regional (American, European and African) human rights mechanisms in promoting and protecting human rights as well as some of the tensions that may arise with states as a result. The course will also consider a selection of cross-cutting human rights issues (e.g.: migrants and refugees, human trafficking, terrorism, conditionality in development assistance, multinational corporations). Prerequisites: Public International Law Format: Lecture Method of Evaluation: Class presentations and papers (50%); final exam (50%)

NEW (Addendum)!!! CMPL 571 International Law of Human Rights

Professor René Provost – English Fall, 3 credits Description: Human rights have become the ubiquitous discourse of the international community. But what lies behind the rhetoric? Is there such a thing as international human rights law? How does it relate to state sovereignty? Are international human rights part of international law? Do they have special value? Do international human rights make a difference in the practice of states? Should international human rights law be different than it is? How is it enforced? Who benefits? What status, if any, does it have under domestic law? This course seeks to provide an introduction to international human rights law. It will examine the birth of the international human rights regime, from minority protection in the inter-war to the drafting of the Universal Declaration and the Covenants, and various regional sources embodying human rights principles. It will provide an introductory analysis of different generations of rights, their content and relation to each other, as well as the impact of inter-civilizational dialogue on the formulation of the global human rights regiMeIt will assess the role of universal (United Nations) and regional (American, European and African) human rights mechanisms whether judicial or not, in promoting and protecting human rights as well as some of the tensions that may arise with states as a result. The course will also consider a selection of cross0-cutting human rights issues (e.g.: terrorism, refugees, conditionality in development assistance, multinational corporations, transnational human rights litigation).



Prerequisites: Public International Law Format: Lecture Method of Evaluation: Class presentations and papers (50%); final exam (50%)

SUBJECT TO CHANGE CMPL 539 International Taxation (001) (009) Me Robert Raizenne – English Winter, 3 credits Description: This course explores the principles and practice of international tax law under Canada's Income Tax Act and its tax treaties. The course includes a discussion of both inbound (the taxation of employees, businesses, and investment in Canada by non-residents) and outbound (the taxation of employees, businesses, and investment outside of Canada by Canadian residents) elements of international tax. It also includes a discussion of the underlying tax policy justifications for the current international tax regime. Students may also choose to explore the international tax regime adopted by other jurisdictions. Prerequisites: Taxation Sequence: Upper Year Format: Lecture Method of Evaluation: TBA

PUB2 505 Statutory Interpretation (001) (009) Professor Frédéric Bachand – English Winter, 3 credits Description: This transsystemic course will explore theoretical, doctrinal and practical questions relating to the interpretation of domestic and international normative instruments (codes, statutes, constitutional texts, international treaties, contracts, wills, etc.). In addition to reflecting on the nature and theories of legal interpretation, as well as on the effect of interpretive rules on courts and tribunals, students will be invited to undertake a critical analysis of traditional and contemporary interpretive approaches followed by domestic courts and international adjudicative bodies. Format: Lecture Method of Evaluation: Participation and Final Exam (the Final Exam will be a take-home exam).

PUB2 401 Judicial Review of Administrative Action (001) *A* Professor Evan Fox-Decent – English Winter, 3 credits Description: Can a judge order the Prime Minister to seek clemency for a Canadian on death row in the U.S.? Can the CRTC suspend the license of a radio station because the shock-jock makes defamatory remarks? Does the Barreau need to give you a copy of your exam if you fail the Bar admission course? There are the problems of administrative law. The course examines the theory and practice of judicial review of administrative action. The theoretical questions are the central ones to our democratic system



and the separation of powers in Canada. The practice touches almost every area of substantive law where government action is present. If constitutional law is concerned with the making of law, administrative law concerns its application. You are encouraged to take Administrative Process prior to or concurrently with this course, since the focus of that offering is the internal law developed by administrative agencies, and it is judicial review of the law and its outcomes that comprises the subject matter of the present course. Note as well that you should take this course, Judicial Review, if you wish to participate in the Laskin Moot. Having taken this course will count in your favour during the selection of McGill’s Laskin team. Prerequisites: Administrative Process (Recommended) Format: Lecture Method of Evaluation: oral presentation, group assignment, open-book exam

PUB2 401 Contentieux administratif (009) *A* Professor Sébastien Jodoin – Français Winter, 3 credits Description: Ce cours vise à familiariser l'étudiant avec la théorie et la pratique du droit portant sur le contrôle judiciaire de l’administration publique. Ce cours comporte quatre parties. La première partie porte sur le développement historique du concept de révision judiciaire dans différentes traditions juridiques et de son rôle dans les démocraties contemporaines. La deuxième partie traite du fondement et sources du pouvoir de contrôle des tribunaux judiciaires au Canada. La troisième partie porte sur le contrôle judiciaire de l’activité réglementaire et para-réglementaire. La quatrième partie examine le contrôle judiciaire de l’activité décisionnelle. Mettant l’emphase sur la résolution de problèmes dans le cadre d’exercices pratiques, ce cours vise à préparer les étudiants à exercer un rôle fondamental dans l’encadrement juridique de l’administration publique. You are encouraged to take Administrative Process prior to or concurrently with this course, since the focus of that offering is the internal law developed by administrative agencies, and it is judicial review of the law and its outcomes that comprises the subject matter of the present course. Note as well that you should take this course if you wish to participate in the Laskin Moot. Having taken this course will count in your favour during the selection of McGill’s Laskin team. Prerequisites: Administrative Process (Recommended) Format: Lecture Method of Evaluation: 20% oral presentation; 30% mid-term paper; and 50% final paper. Biography: Sébastien Jodoin is an assistant professor at the Faculty of Law of McGill University.

His research seeks to understand the production and practice of law in the context of its relationship

with processes of policy and social change, new and evolving forms of public and private

governance, and the manifold forces associated with globalization. Prior to his appointment at McGill,

Sébastien worked for the Centre for International Sustainable Development Law, the Canadian

Centre for International Justice, Amnesty International Canada, the United Nations International

Criminal Tribunals for Rwanda and the former Yugoslavia, and Aon Risk Services. He is currently

completing a PhD in environmental studies (law and public policy) at Yale University and holds a



master’s in international relations from the University of Cambridge, a master’s in law from the London

School of Economics and Political Science, and degrees in common law and civil law from McGill.

CMPL 501 Jurisprudence (001) (009) Professor Evan Fox-Decent – English Winter, 3 credits Description: This is a course about the purpose, nature and legitimacy of law. The course’s method will be to read closely and discuss critically selections from Hobbes’s Leviathan. Hobbes is regarded as the greatest English-language political and legal philosopher of all tiMeLeviathan is his masterpiece. The arguments and ideas contained within it still resonate through disciplines such as law, philosophy, political science and economics. Over the term we will focus on Hobbes’s discussion of law and the state. More specifically, we will explore Hobbes’s views on the nature of authority, liberty, legal obligation, the duty to obey the law, the role of the judge, the role of legal institutions and legal principles within legal order, and the limits (if any) on the sovereign’s authority to announce and enforce law. While the text is challenging, there will be no presupposition of familiarity with legal or political theory. We will work through the material at a pace seldom quicker than glacial. Prerequisites: None Format: Lecture Method of Evaluation: In-class presentation + participation (F/P/HP), short essay (40%), ethics lab (10%), exam (50%). A high pass on the presentation will improve your essay mark a half letter grade (a B would become a B+), a pass will have no effect, a fail will decrease your essay mark a half letter grade (a B would become a B-).

SUBJECT TO CHANGE LEEL 582 Law and Poverty (001) (009) *A, HR* Professor Alana Klein – English Winter, 3 credits Description: This course investigates the law’s relationship with poor and socially marginalized people. It examines the potential and limits of international law, constitutional law, and administrative law for addressing poverty related issues through case studies in areas that have a significant effect on poor and marginalized people, such as the criminal law, family law, and the law related to health care, housing, employment, and social welfare. Major themes include the meaning and usefulness of rights-based approaches; access to justice and participation in lawmaking; the relationship among international, domestic, local and community legal orders; problems of enforcement and accountability; and the impact of globalization, decentralization and privatization. Theoretical perspectives from critical legal studies, critical race theory, feminist approaches, and law and economics will be considered. Prerequisites: Criminal Law; Administrative Law; International Law (recommended) Format: Seminar Method of Evaluation: TBA



CMPL 543 Law and Practice of International Trade (001)(009) *A* Professor Andrea Bjorklund – English Winter, 3 credits Description: This course will concentrate on the fundamental aspects of the law governing international economic relations between states in the global economy. The course will primarily focus on the World Trade Organization and the Agreements that states have undertaken by virtue of their membership in that body. We will analyze the principal obligations found in the WTO Agreements, with particular focus on trade in goods and services and on the dispute settlement processes states can invoke when they allege violations of the covered agreements. We will look at the rise in regional trade agreements and assess their interaction with the multilateral trading regime of the WTO. We will also study the intersection between WTO law and domestic law and become familiar with domestic trade law remedies. We will discuss the overlap between investment-related protections found in the WTO and those found in the international investment regime. Special attention will be paid to the implications of the rise of new actors (such as China and India) in the global economy and international economic law. Prerequisites: Public International Law (recommended) Format: Lecture Method of Evaluation: Written assignment and final exam.

LAWG 525 Legal Education Seminar (001) (009) Professor Shauna Van Praagh – English Winter, 3 credits Description: What does the meaningful teaching of law entail? And what do students of law learn, question, and experience? Participants in this seminar will engage in a discussion of the structures, institutions, objectives, and pedagogical possibilities connected to the learning and teaching of law. By delving into examples found across time and space, they will reflect on the ways in which legal education continues to be challenged, modified, and redefined. Written work for the seminar will explore different perspectives on the governance and pedagogical frameworks associated with the teaching of law. Opportunities for teaching experience and for providing constructive evaluation of pedagogical techniques will be incorporated into the classroom sessions, and participants will be encouraged to pursue publication of their papers. Prerequisites: Note that the seminar will meet once a week for three hours, and is directed primarily, although not exclusively, to doctoral students in law. Students in the BCL/LLB and LLM programs who wish to take the seminar should have demonstrated substantial preparation in the form of relevant experience, writing, or study, and may wish to consult the professor or respective Associate Deans before registering. Format: Seminar Method of Evaluation: Paper/Project – equivalent of 7,000 words – 75%; In class participation – to be specified (may include short comments, teaching modules etc.) – 25%

CMPL 506 Legal Theory (001) (009)



Professor Mark Antaki– English Winter, 3 credits Description: Most law courses, including legal theory courses, tend to be survey courses in which students read excerpts of various texts but do not get the chance to engage carefully with one long text in its entirety. This focused seminar aims to complement other law courses by providing students a privileged space to engage in a close reading of one of the key texts in the history of Western thought: Plato’s Republic. By way of the question of justice, the Republic asks after the proper constitution of the human soul and of polities. In so asking, it inquires into the role of what we call education, art, and the family in a well-constituted polity. What is more, engaging with the Republic is a, perhaps surprisingly, eminently trans-systemic or integrated endeavour. Among other things, the question of translation from – and into – the Greek, the dialogic form of the work, and the ways in which the Republic raises the question of what it is to theorize, make it a text that speaks directly and profoundly to the concerns of our trans-systemic or integrated programme. I welcome the diversity of student backgrounds we are likely to have in the classroom. No background in philosophy is necessary. Format: Seminar Method of Evaluation: multiple evaluations, t.b.d. (no examination)

BUS2 501 Patent Theory and Policy (001) (009) Professor Richard Gold – English Winter, 3 credits Description: This seminar examines the theory and policy behind the awarding of patent rights. The seminar takes on a transdisciplinary approach to patent systems, examining them from not only a legal, but also an economic, philosophical and social perspective. Students should be prepared to engage in substantial reading and be prepared to actively participate in class discussions, bringing a critical perspective. Prerequisites: Intellectual and Industrial Property Format: Seminar Method of Evaluation: Research paper and participation.

LAWG 316 Private International Law (001) *T* Professor Patrick Glenn Me Catherine Walsh – English Winter, 3 credits Description: Choice of law, Jurisdiction, Recognition and Enforcement of Extra-Territorial Judgments and Orders in private law matters. Prerequisites: Recommended though not required: completion of four terms of undergraduate law studies including completion of the Judicial Institutions and Civil Procedure course. Format: Lecture Method of Evaluation: Optional essay for a third of the credits and a sit-down final examination.



LAWG 316 Droit international privé (003) *T* Professor Geneviève Saumier – Français Fall, 3 credits Description: L’étude de la dimension internationale des relations de droit privé : le droit applicable aux relations juridiques internationales (e.g. la compétence internationales de tribunaux, la loi applicable, l’effet des jugements étrangers); l’examen de la source (e.g. diversité des systèmes, fédéralisme) et des solutions (droit uniforme formel, harmonisation) aux problèmes identifiés. L’approche sera trans-systémique et la documentation sera tirée des droits du Québec, de provinces de common law canadiennes, du droit européen, de traités et autres sources supranationales. Prerequisites: Droit judiciaire (recommandé) Format: Lecture Method of Evaluation: Travaux pratiques durant le semestre et examen final

PUB2 105 Public International Law (001) *HR* Professor Jaye Ellis – English Fall, 3 credits Description: This course introduces the system of law between states and explores its evolution under conditions of globalisation and the increasing prominence in international arenae of non-state actors. We consider the architecture of the system, including international legal personality; law formation, interpretation, and application; and breaches of legal obligations and consequences therefore. We address the roles key categories of non-state actors, including state-based organisations such as the United Nations and non-state actors such as individuals, peoples, and civil society organisations. Format: Lecture Method of Evaluation: Written assignments and take-home examination.

PUB2 105 Public International Law (001) *HR* Professor Payam Akhavan – English Winter, 3 credits Description: This course is an introduction to the public international legal order, focusing on the complex inter-relationship between normative aspirations, power realities, and the globalization process. The concept, viability, and discourse of legal authority in a decentralized system of sovereign States will be explored through the prism of diverse topics ranging from human rights to the use of force. The influence and practical consequences of this peculiar system on the emergence, content, and implementation of norms will also be examined. In addition, the transformation of the elements and attributes of State sovereignty will be assessed in light of the proliferation of diverse non-State actors such as liberation movements, non-governmental organizations, and transnational corporations. Beyond this distinct normative system, a significant part of the course is dedicated to understanding the interrelationship between international law and domestic law, and its far-reaching impact on Canadian constitutional law. Upon completion of the course, students should be (1) conversant with the basic



principles, rules, processes and institutions of public international law; (2) capable of applying these to the analysis of legal issues; (3) proficient in international law research; (4) be able to critically evaluate various aspects of the public international legal system; and (5) develop an informed opinion about the relevance and viability of public international law. Format: Seminar Method of Evaluation: 1. An open-book exam, worth 80% of the final grade; 2. A concise 500-word writing assignment on a selected topic worth 10% of the final grade; and 3. Active participation in class throughout the course, worth 10% of the final grade. Students will be called upon to discuss the assigned readings and should prepare for classes accordingly. Familiarity with class discussions will also be necessary for parts of the final exam.

PRV4 451 Real Estate Transactions (001) *CC* Professor William Foster – English Fall, 3 credits Description: The object of this course is to introduce students to the law relating to the purchase and sale of estates and interests in land. Covered will be the role of real estate brokers; the contract of purchase and sale; the relationship of vendor and purchaser between signing of the contract and the completion, including problems arising from the discovery of physical and title defects; the importance of time in these transactions; the conveyance and its legal consequences; and, if time permits, remedies both before and after conveyance. Prerequisites: Common Law Property, Contractual Obligations Format: Lecture Method of Evaluation: In-term assessment worth 25-30% of course grade; and Final 3 hour open book examination worth 70-75% of course grade.

PRV3 534 Remedies (001) (009) *CC* Professor Stephen Smith – English Fall, 3 credits Description: This course is a study of private law remedies, such as injunctions, specific performance, damages, and constructive trusts. Because the law of remedies cannot be understood separately from the substantive law, the course materials range across nearly the entirety of private law. The course could be called ‘advanced advanced common law’. Thus the course examines both personal and proprietary remedies, and does so in the context of claims based not just on contract and tort, but also fiduciary obligations, unjust enrichments, and other sources of obligations. Special emphasis is given to understanding the role of remedial rights within the broader structure of private law. Other themes will include the appropriateness of proprietary remedies, the desirability of giving judges discretion when awarding remedies, and the (alleged) distinctiveness of both equitable remedies and remedies for the breach of equitable duties. Some reference will be made to the civil law. Format: Lecture Method of Evaluation: Final examination, assignment.



CMPL 533 Resolution of International Disputes (001) (009) Professor Fabien Gélinas – English Winter, 3 credits Description: A seminar dealing with current methods of resolving international disputes, with an emphasis on international commercial arbitration. Alternative Dispute Resolution (ADR) mechanisms will also be examined in their international aspects. The course will address the issue of transnational rules of law and the interplay between rules of public and of private international law, notably in the context of dispute resolution between states and private parties. The programme will feature several high-profile speakers. Prerequisites: Public International Law, Private International Law (recommended) Format: Seminar Method of Evaluation: BCL/LLB students: Participation, paper; LLM students: Participation, with class presentation, paper/oral exam option

CMPL 522 Responsabilité médicale (003) (009) *T* Professor Lara Khoury – Français Winter, 3 credits Description: Étude transsystémique et critique du droit de la responsabilité médicale, notamment des thèmes suivants: la relation entre le patient, le médecin et l’établissement de soins; l’obligation de diligence médicale; la faute et la causalité médicales; le “bébé-préjudice” (wrongful life, birth & conception); le consentement aux soins et le refus de traitement; l’effet du manque de ressources; les infections associées aux soins de santé; l’interaction entre la science et le droit; la responsabilité objective et l’indemnisation sans égard à la responsabilité. Prerequisites: Aucun, mais Contractual Obligations et Extra-contractual Obligations fortement recommandés. Format: Lecture Method of Evaluation: Examen de type “Take-home”, rapport intra-semestriel, participation et travail

écrit optionnel

PUB2 504 Sentencing in Canadian Law (001) (009) Marie Manikis – English Winter, 3 credits Description: This course reviews the general principles and aims of sentencing in the criminal process, procedure and evidence, and review by appellate courts. An examination of selected topics includes mandatory sentences of imprisonment, comparative models for controlling judicial discretion, victim participation in sentencing, plea bargaining, restorative justice, aboriginal offenders, and youth offenders.



Prerequisites: Recommended, but not obligatory, one basic course in criminal law or evidence such as -Criminal Law, Criminal Procedure, Evidence (Civil Matters) or Evidence (Criminal Matters). Format: Seminar Method of Evaluation: TBA

LAWG 400 Secured Transactions (001) *T* Professor Catherine Walsh – English Winter, 4 credits Description: This course is about the legal institutions by which debtors deploy their assets to secure the payment of an obligation due to their creditors, and the relative rights of secured creditors as against other claimants, both outside of and within the context of insolvency. The course will focus primarily on security over movable property; only passing reference will be made to security over immovable property. Attention will be paid to the underlying economic and political logic of secured transaction regimes in market economies. Prerequisites: Common Law Property Format: Lecture Method of Evaluation: 75% final 6-hour take home examination; 25% mid-term assessment (format TBA).

LAWG 515 LAWG 539 SP Topics in Law 20: Legal Anthropology (001 002) (009 010) Professor Ronald Niezen – English Winter, 3 credits Description: This course will introduce students to the key issues, concepts, and methods of the anthropology of law as a distinct field of research. An overview of intellectual history covers the most influential approaches to the comparative and ethnographic study of legal systems. The course also covers the ways that the anthropology of law contributes to understanding contemporary cultural contests, activism, group representation, and identity formation, including the influence of new avenues of communication and transnational networking. Format: Lecture Method of Evaluation: Mid-term exam; Research paper; take-home final exam.

LAWG 514 SP Topics in Law 4: Energy Law and Climate Change (001) (009) Me Anne Drost and Me Emilie Bundock – English Winter, 2 credits Description: The seminar course on Energy Law and Climate Change will provide law students with a review and analysis of Canadian and provincial energy law and carbon markets law including a review of Canadian and provincial regulatory energy regimes, environmental considerations and requirements, project acceptability, as well as production, transportation and distribution issues for conventional and



new energy projects. Regarding climate change, the course will review the international framework agreements and focus on carbon market policy and law. Format: Seminar Method of Evaluation: In class presentation (25%); term paper (75%) Biography: Emilie Bundock is an associate in the Energy and Environment Law Group at Fasken Martineau DuMoulin LLP. She is a BCL/LLB graduate from McGill Law School. She practices Energy, Environment, Mining and Climate Change Law as well as Aboriginal Law and Lobbying Law. She provides legal advice on the regulatory compliance of energy, natural resources and industrial projects.

LAWG 537, SP Topics in Law : Animal Law (001) (009) Professor Wendy Adams – English Winter, 3 credits Description: In this seminar, we examine scholarly debates and legal issues concerning the many different ways in which humans exist in relation to animals. The materials include a range of legal and interdisciplinary scholarship, encompassing both private and public law as well as domestic and international legal systems. Our focus is on the equivocal status of animals within the context of anthropocentric legal systems. Binary legal distinctions between persons and property both structure and reflect human-centric relations between humans and animals, with sentient creatures typically classified as objects of property rather than subjects of law. Throughout the course, we consider the potential of an alternative posthumanist jurisprudence, one which challenges us to imagine legal relations from a perspective other than our own. Format: Seminar Method of Evaluation: (1) Two reflective/analytical essays based on the course materials and class discussions, the first due during the term, worth 1/3 of the final grade and the second due the last day of class, worth 2/3 of the final grade. (2) While students will also participate in peer evaluation, the final grade is based on the instructor’s assessment. Peer evaluation is intended solely to provide students with an opportunity to enhance their analytical and writing skills. When we are asked to articulate and defend our assessment of another person’s ideas and expression, we deepen our understanding of the process of academic writing. In reviewing another person’s assessment of our work, we benefit from insights provided by a different perspective. Through the comparative process of peer evaluation, we are able to re-evaluate and improve our own work.

LAWG 516 SP Topics in Law 6: Law and Popular Culture (002) (010) Professor Wendy Adams – English Winter, 3 credits Description: The objective of this seminar is to examine both theoretical accounts and specific experiences of relationships between law and popular culture. Much research and teaching in this area analyzes law in popular culture, e.g., representations of state law in movies and novels, or popular culture in law, e.g., how media representations of law affect jury expectations in criminal trials. A more recent and far-reaching approach is to examine popular culture and law as mutually constitutive discourses, an emancipatory perspective that elides familiar disciplinary borders. Throughout the



course, we seek to understand the full range of our normative possibilities, and the many different ways we consider ourselves bound by law. Format: Seminar Method of Evaluation: (1) Two reflective/analytical essays based on the course materials and class discussions, the first due during the term, worth 1/3 of the final grade and the second due the last day of class, worth 2/3 of the final grade. (2) While students will also participate in peer evaluation, the final grade is based on the instructor’s assessment. Peer evaluation is intended solely to provide students with an opportunity to enhance their analytical and writing skills. When we are asked to articulate and defend our assessment of another person’s ideas and expression, we deepen our understanding of the process of academic writing. In reviewing another person’s assessment of our work, we benefit from insights provided by a different perspective. Through the comparative process of peer evaluation, we are able to re-evaluate and improve our own work.

LAWG 516 SP Topics in Law 6: Mediation (001) (009) Professors Véronique Bélanger & Geneviève Saumier – English Winter, 3 credits Description: This course will examine Mediation as a method of dispute resolution in civil matters. Students will be exposed to the theoretical foundations of mediation and to different schools of mediation practice. The course will also touch on some aspects of negotiation. The course will include numerous role-playing exercises and will also welcome mediation practitioners as guest speakers. Format: Lecture Method of Evaluation: In-term exercises and short assignments (60%); final sit-down exam (to be confirmed) (40%).

LAWG 516 SP Topics in Law 6: Project Financing (001) (009) Me Sébastien Vilder – English Fall, 3 credits Description: This course on Project Financing will address key aspects of project financing including, structuring, commercial and legal issues. The focus will be on infrastructure and energy projects in developed countries and in emerging markets. Format: Seminar Method of Evaluation: Class participation: 25%. Class presentation (optional): 25%. Written paper: 75% (or 50% if a class presentation has been made).

NEW (Addendum)!!! LAWG 516 SP Topics in Law 6: Mergers and Acquisitions (0034) (011)



Me Niko Veilleux – English Winter, 3 credits Description: Mergers and acquisitions activity over the last 10 years has run at unprecedented levels. A merger or sizeable acquisition or disposition is often the most significant event in the life of a company and can have dramatic consequences for all of a company’s stakeholders – from shareholders, directors and officers to employees, customers, suppliers, financing sources and communities. Lawyers and the law play central roles in how mergers and acquisitions are evaluated, structured and implemented. The principal focus of the course will be on contract, corporate and securities laws, the business incentives of the parties to the transactions and ancillary issues relevant to mergers and acquisitions of large companies, both public and private, including the Investment Canada Act, Competition Act (Canada), takeover rules, proxy rules, jurisprudence, and important forms of private agreements (such as shareholders rights plans (poison pills), lock-ups and voting agreements). A substantial portion of the coursework will include reviewing, analyzing and drafting deal documents. The approach is practical rather than theoretical, and the focus is on the law, not finance or accounting. Prerequisites: Business Associations (recommendation). Format: Lecture Method of Evaluation: Exam: A final sit-down exam, worth 90% or 65% of the final grade, depending on whether a student opted to turn-in the optional written assignment described below. Optional mid-term assignment: An optional mid-term assignment, worth 25% of the final grade, will be distributed on or around mid-semester. Class participation: Dynamic, active class participation will count for 10% of the final grade. Biography: Me. Veilleux is a partner with Fasken Martineau DuMoulin LLP. His practice focuses on public and private mergers and acquisitions, corporate finance, securities and private equity / venture capital, notably complex cross-border and multi-jurisdictional transactions. He advises on corporate governance matters, as well. Me. Veilleux has represented Canadian, U.S., Australian and other foreign public and private companies, boards and independent committees, underwriters and private equity funds in connection with mergers and acquisitions, takeover bids, going private transactions, public and private financings, private placements and corporate governance. Prior to joining Fasken Martineau, Me. Veilleux practiced in Montreal with another major Canadian firm starting in 2004 and for over four years as an associate at Sullivan & Cromwell LLP in New York City and Melbourne, Australia.

LAWG 517 SP Topics in Law 7: Critical Race Theory (001) (009) Professor Adelle Blackett – English Winter, 3 credits Description: This course will explore the evolving contours of a theoretical approach to law that has developed both a substantive challenge to legal liberalism and critical legal studies, as well as an alternative literary style built on the use of narrative. It will examine the foundational writings in the field, and consider recent developments of CRT in the Quebec and Canadian contexts, as well as in other selected settler colonial states. Students will be encouraged to develop a close understanding of CRT's intellectual commitments, possibilities and challenges. Format: Seminar Method of Evaluation: paper (75%) and class participation (25%)



LAWG 536 SP Topics in Law 17 European Private Law (003) (011) Professor Giorgio Resta – English Winter, 3 credits Description: Historical and comparative introduction to the harmonization of private law in Europe. The institutional framework. The role of the European Court of Justice and the European Court of Human Rights. European private law by directives: achievements and challenges. European multijuralism and multilinguism. The debate on codification and the politics of the draft common frame of reference. The harmonization of legal education. General topics: European private law in the light of EU constitutionalisation; horizontal effect of EU Treaty freedoms; concepts of social justice in European private law. Study of selected areas: information law and data protection; consumer protection and general contract law; tort law; e-commerce; intellectual property. Format: Lecture Method of Evaluation: Participation, including a short written component and final examination. Details to be provided at the commencement of the course Biography: Giorgio Resta is a Visiting Professor from the University of Bari “Aldo Moro”, Italy. In the past, he has been invited to teach as a Visiting Professor in several Universities, and among them McGill, EHESS (Paris), Nagoya. Areas of interest: comparative law, European private law, law of persons, torts, information law, legal history, private law theory.

NOUVELLE DESCRIPTION EN FRANÇAIS : LAWG 517 SP Topics in Law 7: Résolution de différends relatifs à des investissements internationaux (003) (010) Professor Frédéric Bachand – French Fall, 3 credits Description: Ce cours porte principalement sur le cadre juridique applicable à la résolution de différends impliquant, d’une part, un investisseur étranger et, d’autre part, l’État d’accueil de son investissement. L’accent sera mis sur l’arbitrage, en raison de l’importance que joue ce mode privé de résolution de différends en matière d’investissement. Plus généralement, ce cours fournira aux étudiant(e)s une occasion de réfléchir, premièrement, au rôle que joue le droit dans la mise en oeuvre des politiques libre-échangistes que poursuivent aujourd’hui une majorité d’États et, deuxièmement, à la question de savoir si ces politiques tiennent suffisamment compte d’intérêts publics qui divergent de ceux des investisseurs internationaux. Prerequisite: Public International Law (recommended) Format: Lecture Method of Evaluation: Combination de participation en classe et d’un examen final format take-home.

LAWG 518 SP Topics in Law 8: Anatomy of a Murder Trial (001) (009) Justice Carol Cohen – English



Fall, 3 credits Description: This course will cover jury trials as seen through the eyes of a Superior Court judge, using murder trials as a backdrop, and will include the following topics:

getting to a jury trial

murder trials in Superior Court

judicial interim release and other pre-trial matters

jury selection

the voir dire (before and during trial)

questions of procedure and trial process

hearsay and other evidentiary issues

pleading before a jury

There will be guest speakers, including lawyers and other judges. Prerequisites: All students registering for this seminar course must have successfully completed the basic course in Criminal law. Criminal Procedure and Criminal Evidence are strongly recommended. No more than 20 students will be accepted into the seminar. Format: Seminar Method of Evaluation: 10% class participation, 50% for a paper dealing with one of the topics discussed in class (including in-depth research) and 40% for a verbal presentation of each student’s paper during the final weeks of the course. * Some presentations (by students and guests) will be in French only. Instructor biography: Madam Justice Carol Cohen will be completing her 17th year as judge of the Quebec Superior Court this fall, having been appointed in 1997. Justice Cohen is active in many legal and judicial organizations and serves as Bench liaison and Board member of the Lord Reading Law Society, Director of both the Canadian Superior Court Judges Association and the Conférence des juges des Cours supérieures du Québec, Board member of the Quebec section of the Canadian Bar Assocation, Board member of the Canadian Chapter of the International Association of Women Judges and former President and Board member of the Juriclub of Montreal. She was a judicial member of the 2010 Canadian Delegation to Jamaica for Project JUSTICE (Judicial Systems Improvement for Commerce and Economy, a joint venture of the Office of the Commissioner for Federal Judicial Affairs Canada and the National Judicial Institute) and was delegate to conferences of the International Association of Judges in Morocco (2009) and in Mexico (2004). Madam Justice Cohen was called to the Quebec Bar in 1983, and practiced at the law firm Chait Amyot (now de Grandpré Chait), becoming a partner in 1989.

LAWG 518 SP Topics in Law 8: Advanced Corporate Taxation (001) (009) Professor Allison Christians – English Winter, 3 credits Description: This course will survey five case studies on issues of critical importance for future tax practitioners and policy makers. We will achieve an active learning environment by structuring simulated client and advisor meetings with the aid of five local tax practitioners. Students will be



required to submit appropriate workproducts for each of the case studies, and give an in-class overview of their analyses in a mock boardroom setting. Prerequisites: Taxation; Corporate Taxation recommended. Format: Seminar Method of Evaluation: oral and written work product.

NEW (Addendum)!!! LAWG 514 ST 4 Adv Issues in Corp & Securities Law (001) (009)

Me Robert Yalden – English Fall, 32 credits Description: This course will examine selected issues in corporate and securities law in order to probe the theories of the firm and the public policy objectives that shape Canada’s business law framework, as well as business law frameworks in several other countries. Consideration will be given to the law and economics movement and to more recent approaches to how best to understand the nature of the corporation and to structure a business law framework. The course will regularly adopt a comparative approach, examining business law frameworks in North America, Europe and Asia. Topics will include the nature of the firm, the status of shareholders relative to other stakeholders, the role of directors and the nature of fiduciary duties, current issues in corporate governance and the roles of courts and securities commissions in regulating corporate conduct PREREQUISITES : Advisable to have taken Business Associations or an equivalent introductory business law course prior to taking this Course. Prerequisites: Advisable to have taken Business Associations or an equivalent introductory business law course prior to taking this Course. Format: Seminar Method of Evaluation: 25% oral participation (active participation in second part of course, including a 30-45 minute presentation in the second half of the course); 75% paper (not to exceed 30 pages) Biography: Robert Yalden: Partner, Osler, Hoskin & Harcourt LLP. Head of Corporate Law Group, Osler, Montreal. Practice focused on Mergers & Acquisitions, Corporate Finance and Corporate Governance.

New information LAWG 537 SP Topics in Law 18: Economic Justice in a Globalized World: Role of State and Non-State Actors (002) (010) Dr. Nandini Ramanujam Winter, 3 credit Description: The existence of economic injustice is readily discernible in most societies. From

Vancouver’s Eastside to slums on the outskirts of Nairobi, we live in a world of glaring inequalities. The

growing income inequalities and wealth gap in the global North has stimulated a renewed interest in

academic and policy discourses on poverty and human well-being. Poverty is no longer a discourse

focused on the global South. The study of economic injustice is necessarily a multi-disciplinary

undertaking. The existence of polarization in society is caused by a multiplicity of factors, ranging from

historical, political and social. The complexity underlying economic injustice is daunting and can easily



lead to a feeling of disempowerment or disengagement. The course aspires to encourage students to

engage in exploring accessible solutions to ameliorate poverty in their immediate surroundings and at

the global level.

The principle objective of this course is to provide students an understanding of systemic and structural

causes of poverty and economic injustice using an inter-disciplinary lens. With this objective, the

seminar will introduce students to theoretical discourses on poverty, economic justice, political and

economic systems and their role in shaping societies. The course will also look at State and non-State

actors, historical and structural factors underlying extreme income and wealth inequalities, by using

relevant case studies. One of the main goals of this course is to expose students to innovative small

scale solutions, trends in evidence based socio-economic policy formulation, and best practices from

different context, which have had tangible impact on improving well-being and human capabilities. With

this goal in mind the course will encourage and guide students to conduct empirical research in their

own community to gain concrete insights into economic injustice, its causes and its solutions.

Prerequisite: Although there is no formal requirements as prerequisites, knowledge of basic concepts of micro and macro-economics is desirable. Students with interest in issues related to socio-economic polices, social innovation and social enterprise may benefit from taking this course. Format: Seminar Method of Evaluation: Pass/Fail. Two 500-word reflection pieces (15%), group podcast on an issue concerning economic justice (20%), a group research project involving empirical research in Montreal area on an issue pertinent to the seminar (45%), class presentation (10%) and class participation (10%). Detailed guidelines for the research project are being developed.

LAWG 518 SP Topics in Law 8: Financial and Corporate Law Sources (001 002) (009 010) Me Marc Barbeau and Me Jakub Adamski – English Winter, 3 credits Description: Through a series of discrete units, this seminar will address a number of fundamental issues inherent in business activity. It will focus on the historical development of the corporate form, the restructuring of business entities, and the development of diverse financing techniques. The units will attempt to show how the same set of recurring social and economic concerns have led lawyers and legislators to create practical solutions to contemporary concerns. This latter feature seeks to illustrate the creative nature of corporate law practice and development. Prerequisites: At least one corporate or business associations course. Format: Seminar Method of Evaluation: Class participation 20%; In-class presentations and written summary or a term paper 80%

LAWG 533 SP Topics in Law 14 International Trade Law and Human Rights (001) (009)



Dr. Razavi Winter, 2 credits Description: Economists believe that liberalization of flow of goods and services is desirable and for this reason the World Trade Organization (WTO) has attracted a lot of attention. On the other hand economic sanctions and the economic countermeasures taken by states to restrict the cross-border movement of goods and services to the target country has raised concerns on the encroachment of international trade on the other areas of international law, questions on if the free movement of goods and services could go hand in hand with other social and international preferences such as protecting the fundamental human rights and how far economic sanctions could go with respect to wrongful acts of other states. This course covers studying the WTO and how it fits in the wider picture of international law, trade linkage issues and problem of jurisdictions, trade linkages with human rights, Core Labor Standards, TRIPS and access to medicine, differential treatment and right to development, multilateral and unilateral economic sanctions and restrictive measures and the impact of targeted and comprehensive sanctions on human rights.

Method of Evaluation: Class Presentations (40%); Class Participation (10%); Final Take-Home Exam (50%)

LAWG 536 SP Topics in Law 17: Éthique, déontologie et droit professionnel (003) (010) Justice Louise Provost, J.C.Q. – French Fall, 3 credits Description: Ce cours est destiné principalement au futur praticien du droit au Québec. À une époque où le mot éthique est prononcé et cité quotidiennement, ce cours traitera de la distinction entre l'éthique et la déontologie, traitant de cette dernière tant sous l'angle judiciaire que disciplinaire. Seront également examinés les diverses instances judiciaires, quasi-judiciaires et administratives ainsi que les codes et principes de déontologie. Vous connaîtrez les modes de sélection des juges fédéraux et provinciaux. Le droit professionnel, surtout l'Ordre professionnel des avocats du Québec, sera étudié en détail ainsi que le comportement attendu de l'avocat tant à la Cour qu'à l'égard de ses confrères et clients. Des sujets connexes seront aussi abordés. Ce cours vous permettra donc de mieux connaître les exigences, les devoirs et les qualités requises pour exercer votre future profession. Enfin, des conférenciers dont des juges, avocats, syndics, etc. seront également invités. Prerequisites: Pour les étudiants ayant déjà suivi un cours de procédure civile. Cours de droit criminel et administratif seraient également utiles. Format: Lecture Method of Evaluation: Débats contradictoires (seul ou en groupes) et/ou présentation orale 30%, participation 10% et examen final (sit down) 60%. Biographie : Nommée juge à la Cour du Québec à Montréal, chambre criminelle et pénale, en mai 1991, Madame la juge Louise Provost est nommée juge en chef adjointe en matière criminelle et pénale pour l’ensemble du Québec, le 31 août 1995, pour un mandat de sept ans. En mars 2003, elle est désignée membre du Tribunal des professions, un tribunal d’appel siégeant principalement en matière disciplinaire des décisions rendues par les conseils de discipline des 45 corporations d’ordre professionnel. Le 12 décembre 2003, le juge en chef la nomme Vice-présidente de ce tribunal et, à compter du 31 décembre 2005, Présidente du Tribunal des professions pour un mandat d'une durée de sept ans. En vertu de la Loi sur les tribunaux judiciaires, elle a également siégé à titre de membre du



Conseil de la magistrature du Québec de 1995 à 2002 ainsi que de 2009 à 2012. Durant son mandat, elle a examiné plus de 800 plaintes et a siégé sur de nombreux comités d’enquête dont certains à titre de présidente. Elle s'intéresse à l'éthique et à la déontologie judiciaire. Elle est conférencière sur ce sujet depuis de nombreuses années. En novembre 2013, Madame la juge Provost devient juge suppléante à la Cour du Québec. À l'automne 2014, elle sera chargée de cours à la faculté de droit de l'Université McGill en «Éthique, déontologie et droit professionnel».

LAWG 536 SP Topics in Law 17: Restorative Justice (001) (009) Professor Ronald Niezen – English Fall, 3 credits Description: This course will introduce students to the philosophy, history, guiding principles, and practice of restorative justice (RJ). It offers a comparative approach, with material drawn from Canada, the U.S.A. Great Britain, continental Europe, Africa, Latin America, and elsewhere, to consider the ways that RJ is being integrated into the study and practice of criminology, sociology, social work, and transitional justice. The contrast between retributive and restorative approaches to crime and conflict resolution will be the foundation for a critical examination of the RJ movement, with a focus on its potential to reduce crime rates while providing alternatives to prison systems. Format: Seminar Method of Evaluation: Research paper; take-home final exam.

LAWG 536 SP Topics inLaw 17: The Law of Entrepreneurship (001) (009) Me Daniel King and Me Andrei Molchynsky – English Winter, 3 credits Description: The main goal of the course is to expose students to the solicitor’s role in representing a start-up in commercial matters during its entire life-cycle: the start-up phase, the expansion phase, and the exit (or liquidity event). Students will gain a practical “legal perspective” they can apply to business formation, business negotiations and transactions. The course will also provide students with tools to think like entrepreneurs, and a sense of how to build an interesting career using a rare combination of entrepreneurial and legal skills. Prerequisites: Business Associations, Securities Regulation (strongly recommended) Method of Evaluation:

30%: A research paper of 1,500-2,000 words. The idea is that students will pick a special topic (e.g., online privacy associated with the development of mobile apps, internet commerce issues, crowdfunding, new anti-spam legislation, etc.), research it and write a thoughtful commentary.

20%: A brief presentation to the class about a start-up law issue. Each student will be responsible for one presentation about a topic agreed to with one of the instructors. The presentation will be short – no longer than 20 minutes.

50%: The Dragon’s Den Simulation. Class attendance and participation are mandatory. Strong class participation can raise grade by one level (e.g. turn a B into a B+). Biography:



Me King: Currently Senior Policy and Legal Advisor to the Minister of Immigration - formerly an advisor to Kevin O'Leary on Dragon's Den and Shark Tank start-up deals. (General Corporate Law, Securities Law, Entrepreneurship, particularly Angel Investing, Canadian Immigration Law.) Me Molchynsky: Andrei Molchynsky is an associate at Norton Rose Fulbright Canada LLP (Montreal, Québec). His practice covers all aspects of corporate and commercial law, with a particular focus on mergers and acquisitions, financing, securities matters and early-stage start-ups. (Corporate and commercial law, with a focus on mergers and acquisitions, financing, securities matters and early-stage start-ups.)

LAWG 537 SP Topics in Law 18: Advanced Criminal Law Evidence (001) (009) Justice Patrick Healy (Sara Henningsson and Elena Haba) Fall, 3 credits Description: The course will examine current topics in all areas of criminal law. Prerequisites: Criminal Law and Evidence (or taken concurrently). Format: Lecture Method of Evaluation: Class participation, presentation and essay. Biography: Before his appointment in 2007 Patrick Healy was a professor of law for almost twenty years at McGill University. There he specialised in matters of criminal law, including substantive law, procedure, evidence, sentencing, comparative criminal law and international criminal law. He taught these subjects and has published extensively in all of them. He has lectured widely in Canada and abroad. For many years Patrick Healy was involved in issues of law reform. He advised governments and various non-governmental organisations and testified on several occasions before Parliament on issues concerning pending legislation. As counsel Patrick Healy acted for the prosecution and the defence in Quebec and elsewhere. He was Counsel to the firm of Shadley Battista in Montreal. For many years he was a member of the Comité permanent en droit criminel of the Quebec Bar and a member of the Executive Committee of the Canadian Bar Association (Criminal - Quebec). He also served as a member of the General Council of the Canadian Bar Association in Quebec. Patrick Healy was a member of a committee of inquiry appointed under the Judges Act to inquire into the tenure of a judge of the Superior Court of Quebec. He advised the Canadian Judicial Council on many occasions with regard to judicial discipline and other matters. He was a member of the International Association of Penal Law and of the International Association of Prosecutors. Since 1995 Patrick Healy, with Anne-Marie Boisvert, has edited the Canadian Criminal Law Review and he is a member of the editorial boards of several other journals. He is a governor of the Fondation du Barreau. He has lectured extensively in programmes for the continuing education of judges and lawyers, often with the National Judicial Institute. He is President of the Canadian Institute for the Administration of Justice (2013 – 2015). He continues to teach two courses each year in the Faculty of Law at McGill University, where is also a member of the Centre for Human Rights and Legal Pluralism.

LAWG 538 SP Topics in Law 19: International Civil Litigation (001) (009) Professor Andrea Bjorklund – English Winter, 3 credits Description: The course takes a comparative approach to transnational litigation. Philip Jessup famously described transnational law as including “all law which regulates actions or events that transcend



national frontiers. Both public and private international law are included, as are other rules which do not wholly fit into such standard categories" The course will cover current developments in both public and private international law, including Alien Tort Statute litigation in the United States and similar litigation in other jurisdictions. We will examine the ways that transnational cases affect various aspects of the civil litigation process. Thus, we will assess the doctrines of jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce in cases with a transnational character. We will assess specific concerns involved in litigation with governments, including sovereign immunity and the act-of-state doctrine. We will cover procedural matters such as international evidence production, service of process, and provisional measures. We will also look at applicable law, including choice of law and the place of international law in the domestic legal order. Format: Seminar Method of Evaluation: Brief on discrete legal issue and oral argument defending the brief and Final Examination.

LAWG 538 SP Topics in Law 19: Regional Trade Agreements and the Law of the WTO (001) (009) Professor Armand de Mestral – English Fall, 3 credits Description: This seminar will focus on the rapidly expanding phenomenon of regional trade agreements - bilteral and plurilateral. Particular agreements (concluded such as: NAFTA, Chine - New Zealand, ASEAN,MERCOSUR,SADAC; and under negotiation: TIPP, Canada-EU,TTIP,AFTA etc.) will be reviewed. Particular emphasis will be placed on evolving institutions and dispute settlement as well as their relationship to the law of the World Trade Organisation. Format: Seminar Co-requisites: students should have a knowledge of international law and international trade law. Method of Evaluation: Evaluation to be on the basis of a paper both written and presented in class. Biography: International Trade Law; Public International Law; International Arbitration; Law of the Sea; International Environmental Law; Constitutional Law and Comparative Constitutional Law; European Community Law; The Law of International Economic Integration; International Humanitarian Law.

LAWG 539 SP Topics in Law 20: Laws of War (001) (009) Professor Frédéric Mégret – English Winter, 3 credits Description: The 11th September and the ensuing “war against terrorism” have brought the laws of war to the forefront of international attention. On the one hand, particularly with the emergence of a system of international criminal tribunals and the support of international civil society, international humanitarian law seems to have better prospects for enforcement than it has ever had. On the other hand, international humanitarian law is challenged by such phenomena as the rise of non-state actors (terrorists, mercenaries), the development of new technologies (environment modifying techniques, tactical nuclear weapons, depleted uranium), and new practices (cyber-warfare, internationally sanctioned embargoes, targeted assassinations). This seminar will seek to explore the evolution of the laws of war from their origin to their modern day application. Students will be introduced to the



discipline’s key concepts (international/non-international conflicts, combatants/non-combatants, protected persons), its main sources (the Hague and Geneva Conventions, findings of international criminal tribunals from Nuremberg to the former-Yugoslavia), and its main principles (humanity, military necessity, proportionality, discrimination). Particular attention will be paid to how international humanitarian law may be implemented and enforced. Whenever possible, case studies will be used. Various contemporary critiques of international humanitarian law will also be assessed. Format: Seminar Prerequisites: international law (strict requirement, no exceptions made, please do not ask) Method of Evaluation: 50% class participation, 50% final sit down exam (Please note that we need to know if there will be a final exam (take home/sit down) in order to create the Fall and Winter exam schedules).

LAWG 539 SP Topics in Law 20: Law and Literature (001) (009) Professor Jeffrey Miller – English (instructor is bilingual; students have the option of reading some of the material in French, if they prefer) Fall, 3 credits Description: Using outstanding and timely works of literature – works that are dramatic, funny, tragic, ironic, angry, and celebratory, sometimes all at once – this course places students’ legal and literary studies in the wider context of their everyday lives as individuals, members of our immediate society, and thinking beings in the cosmos! As with literature, our law expresses the imaginative life of our culture. Most literature worthy of the name concerns itself with the problem of justice in our “fallen” world. Starting at this cultural intersection of law and literature, the course divides essentially into five units, featuring particularly distinguished, unusually enjoyable, and timely works (mostly modern novels, but also stories, poems, traditional ballads, essays, and case law) to survey: (1) First principles and core controversies: Is law and literature more than a distraction for bored law professors? Is there really any useful conversation between the two subjects? What are the principal critical approaches? Which seems to be most productive? (2) Law as narrative. As interacting aspects of our culture, law and literature share conventions, themes, and symbolism deriving from mythic and sacred literature, themselves rooted in Law. How have these latter developed in secular law and literature, and in the modern world of self-conscious irony? How does the law’s narrative differ from individual narrative? Answering such questions leads us to a more or less scientific approach to law-and-literature studies, based in archetypal literary criticism. (3) Duty, and the associated principle of reasonableness, comprise the heart of our cultural understanding of justice. When does breach of duty (as depicted in literature) address the gap between law and justice? When does it become dangerously anti-social? (4) Evil and how it can be perverted imaginatively to fit cultural patterns we associate with justice – the principal tension being between the neighbour principle of community versus psychopathy and sociopathy. How does literary expression presage the breakdown of the rule of law, “the end of days?”



(5) The language of the law in law as literature: Does legal language form its own universe? How does its metaphorical inclinations and use of “legal fictions” compare with such use of language in literature? What are the respective narrative roles of the legislator, judges, lawyers, and litigants? The instructor will post most (almost all) of the ballads, poetry, and supplementary material for digital access, or he will send them to students by e-mail. Some of the material (excluding the novels) is available on various web sites; many of the works are available as e-books. The instructor will supply students: (1) a glossary of terms used in the course; (2) a list of suggested essay topics on a broad variety of works and themes; (3) a list of secondary sources for law-and-literature studies and research; (4) a supplementary list of literature that fits nicely within the course’s scope; and (5) a style sheet (covering matters such as textual format, footnotes, references, etc.) Instruction methods Lecture, discussion (seminar-style), audio (traditional ballads, opera extracts), possibly some video (from television, film) Format: Seminar Method of Evaluation: Class participation, quizzes and essay.

Biography: Jeffrey Miller is a writer, law professor, and translator. His books include The Structures of Law and Literature, three comic novels featuring appeal justice Ted Mariner, and the essay collections Where There’s Life, There’s Lawsuits: Not Altogether Serious Ruminations on Law and Life and Ardor in the Court: Sex and the Law. He has taught in the law faculty of Western University (Ontario) and practised media law and commercial litigation in Toronto.

CMPL 513 Talmudic Law (001) (009) Rabbi Michael Whitman – English Winter, 3 credits Description: This course will introduce students to the Jewish legal system and decision-making process, leading to a Moot Bet Din (Rabbinical Court) Competition. No previous knowledge of Jewish Law or Judaism is needed. The course will begin with several introductory lectures on the history, methodology, and evolution of Jewish law, including Bet Din Procedure, Oral Advocacy, and research skills in classic Jewish legal sources. We will then cover the sources relating to the Case – a dispute over inheritance. A basic theme students will grapple with is living within more than one legal system, and how Jewish Law can live alongside civil law. Another basic theme is religious gender distinction within a secular society. For the remainder of the semester, students will be paired into teams of two, drafting briefs and participating in oral arguments in front of a panel of judges. The two winning teams will compete before distinguished judges in a final Moot Bet Din event to which the community will be invited. This is a unique course combining Jewish Law and a Moot Competition, not offered elsewhere. Note: At present, the faculty is exploring the interest of a few sister faculties in Canada, with a view to holding a final, public interfaculty moot at the end of term. Format: Parts of the course will be lecture and parts of the course will be seminar.



Method of Evaluation: Trial Brief (35%), Independent Research for Brief (15%), Class Participation (30%), Oral Argument (20%) (Note: I am open to changing the evaluation method to pass/fail, or any other alternative that will work better.) Biography: Rabbi Michael Whitman is the spiritual leader of the ADATH Synagogue in Hampstead, Quebec. He is also a Sessional Lecturer at McGill University Faculty of Law, and creator if its Talmudic Law Moot Court Competition. Rabbi Whitman serves on the boards of Auberge Shalom…pour femmes, Kollel Torah Mitzion of Montreal, Cote St. Luc / Hampstead / Snowdon Eruv, Westmount Eruv, Rabbinical Council Conversion Program, and (former Executive Board Member) Rabbinical Council of America. He is past president of the Rabbinical Council of Montreal and past president of the Greater Montreal Board of Rabbis. Rabbi Whitman served for fourteen years as the spiritual leader of Young Israel of New Haven, Connecticut, USA. During that time, he worked at Yale University Hillel and taught at Yale University Law School.

PUB2 420 Trial Advocacy (001) Me P. Kalichman – English Winter, 3 credits Description: The purpose of this course is to analyze and instruct on the methods and techniques of court room advocacy at the trial and appellate level in written and oral pleadings. The course will investigate how evidence, law and jurisprudence can be organized and structured into legal arguments. Examples of pleadings and Court room orations will be studied. The role and conduct of plaintiff, Crown and defense counsel as pleaders will be examined. The ethics of trial advocacy will be studied. Secondary aspects of pleading such as the pleading of objections to evidence and motions will also be examined. Class time will be used in theoretical lectures, practical exercises and demonstrations. The emphasis will be on student participation. Prerequisites: Judicial Institutions and Civil Procedure Method of Evaluation: A combination of oral presentation/pleading, written assignment, class participation and final examination. The oral submission will be based on the presentation of an argument. The written aspect will be based on a written pleading such as notes and authorities or a factum. _____________________________________________________________________________________ PUB2 515 Tax Policy (001) (009) Professors Allison Christians and Daniel Weinstock – English Fall, 3 credits Description: This course examines the foundations of tax policy in Canada and around the world. The course will integrate a colloquium with invited speakers. This year, the Colloquium will concern itself with first principles in tax policy, including who should tax, who should be taxed, and how taxation should be carried out. In order to foster collaborative, cross-disciplinary thinking, the course will be cross listed in political science and philosophy, and scholars in law, economics, political science, and philosophy will be invited to present their analyses of fundamental tax policy principles and set a course for better tax policy decision-making going forward.



Prerequisites: Taxation Format: Seminar Method of Evaluation: Weekly papers

PUB2 313 Taxation (001) Professor Allison Christians – English Fall, 4 credits Description: This course covers the who, what, when, and how of federal taxation, with a focus on the policy, politics, and administration of the Canadian tax system and its alignment with global standards. Format: Lecture Method of Evaluation: exam and optional research paper.

PUB2 313 Taxation (001) Me Claudette Allard – English Winter, 4 credits Description: This course covers the basic principles of Canadian Income Tax Law as they apply to individuals resident in Canada, including the significance and determination of residence; the classification of income by source, such as office and employment, business and property, and taxable capital gains, and the distinctive sets of rules governing each. Format: Lecture Method of Evaluation: 30% mid-term take home exam, group work, 2 to 3 member groups, to assist only; 70% final exam, sit down, open book.

STUDENT-INITIATED SEMINARS

LAWG 521 Student Led Seminar: Mining Law (001) Supervisor: Professor Richard Janda Student coordinators: Delaney Greig, Caroline Belair, and Jason Davidson Fall, 3 credits Description: This seminar will provide an overview of mining law in Canada. Students will gain an understanding of and critically assess the laws and regulations governing mineral claims, exploration, extraction, and site clean-up, with particular attention to social and environmental impacts, including environmental assessment and consultation with Aboriginal peoples and local communities. The emphasis will be on Canadian mining activity in both domestic and international contexts. This seminar will also provide an opportunity to develop negotiation skills and will foster an understanding of the negotiation process leading to mining agreements. Classes will take place at a time to be determined by the participants on the first day.



Format: Seminar Method of Evaluation: Pass/Fail. No final examination. Evaluation TBA based on participation, seminar facilitation, participation in a negotiation moot, and writing exercises.

GRADUATE COURSES ASPL 614 Airline Business and the Law (001) (009) David Chen – English Fall, 3 credits

Description:This course provides an interdisciplinary analysis of the legal, business, and managerial issues confronting airlines in such areas as economics, finance, securities, bankruptcy, pricing, marketing, distribution, planning, operations, alliances, joint-ventures and competition. Airline Business and Law focuses on such legal issues as: Safety Regulation; Security Regulation; Environmental Regulation; Air Traffic Rights; Carrier Licensing; Aircraft Finance; Aircraft Certification; Nationality and Cabotage Restrictions; Airline Alliances; Carrier Liability; Liability Insurance; Predation, Monopolization and Competition Law; Airline and Airport Privatization; Bankruptcy; Labour Law. Format: Seminar Method of Evaluation: 10% will be based on class participation and a 10 minute presentation on a topic of your choice that is listed in the Outline. 20% of the final grade will be based on a 7-10 page essay on one of the topics listed in the Outline. 70% of the grade in this course will be based on student performance on the final 24-hour take-home examination. Biography: Kuan-Wei (David) Chen obtained his undergraduate degree in Law and Politics from the School of Oriental and African Studies (SOAS), University of London. Later, he obtained an LL.M. (cum laude) in Public International Law from Leiden University and an LL.M. in Air and Space Law from the Institute of Air and Space Law, McGill University, where he was also the Boeing Fellow in Air and Space Law (2008-2010) and recipient of the Nicolas M. Matte Award. He has previous worked at as a Teaching and Research Assistant at the Van Vollenhoven Institute for Law, Governance and Development, Leiden University, and was the Co-ordinator of the Telders International Law Moot Court at the Grotius Centre for International Legal Studies, Campus The Hague. Since 2009, he has worked as a Research Assistant at the Institute of Air and Space Law, and in 2012, he became the Editor of the Annals of Air and Space Law, published by McGill University's Centre for Air and Space Law. Teaching and research interests: air law; space law; public international law; international relations

ASPL 632 Comparative Air Law (001) (009) Adjunct Professor Ludwig Weber – English Fall → Winter, 3 credits Description: The first part of the course provides a general introduction to the comparative law approach and applies some basic concepts of the civil and common law traditions to the field of air law. The second part of the course deals with selected topics where applicable law has not, or only partially, been unified by private international air law conventions and where a comparative approach, based on national laws, must be used to find solutions. The selected topics include: the nature of the contract of carriage, aircraft manufacturers’ liability, State liability for negligent certification of aircraft, air traffic controllers’ liability, and liability for damage caused by aircraft on the ground.



Format: Lecture Method of Evaluation: In-term assignments (20%) and final examination (80%). Biography: Adjunct Professor of Law (McGill University), Senior Civil Aviation Policy and Management Adviser / Project Coordinator, International Civil Aviation Organization (ICAO). Formerly Director of the ICAO Legal Bureau, 1995-2004; formerly Legal Counsel of the International Air Transport Association (IATA), 1982-1995. (Comparative Air Law, Private International Air Law, Government Regulation of Air Transport, Aviation Security Law, Aircraft Finance Law, Public International Law, International Aviation Organisations.)

ASPL 613 Government Regulation of Air Transport (001) (009) Me Martine De Serres - English Winter, 3 credits Description: This course focuses on the domestic and international economic regulation of air transport. Key subjects are: open sky and other bilateral air services agreements, economic regulation of domestic and international air transport including air carrier licensing and authorization, governmental review of tariffs, competition and anti-trust regulations, dynamics of airline alliances, safety, security, environmental regulation, and a wide variety of consumer protection regulations including accessibility requirements, delays, tarmac delays, cancellations, denied boarding, advertising regulations and disclosure requirements, travel agencies and global distribution systems. It also examines why governments regulate or deregulate markets for air transport, how the economics of the aviation sector impact regulatory policies, whether there is a need to harmonize new types of regulations over aviation and how such harmonization could be achieved. The present challenges and trends in the regulatory regime of air transport also are discussed. Prerequisites: Public International Air Law recommended Format: Lecture

Method of Evaluation: Oral Presentation: 25%; Final Examination: 75%. The take-home exam is an

open-book examination due 24 hours from picking up the examination. You may not discuss the

examination, nor collaborate with, any other student on the examination.

Biography: Martine De Serres is Counsel, Regulatory and International at Air Canada. Her practice ranges through a variety of legal issues the airline is exposed to in the course of its business in international markets, including complex regulatory, administrative, competition and international law matters. Amongst other things, she is in charge of obtaining international air service licenses, litigating tariff-related complaints, ensuring compliance with growing consumer protection regulation world-wide, and negotiating legal aspects of code share, interline and slot exchange agreements. Before working at Air Canada, she practiced commercial litigation at Woods LLP, one of Canada’s top litigation boutique. Me De Serres is a graduate of the Institute of Air and Space Law at Mc Gill University.

ASPL 639 Government Regulation of Space Activities (001) (009)



Professor Ram S. Jakhu - English Winter, 3 credits Description: This course deals with national public and private laws and regulatory regimes of some space-faring nations governing space activities, particularly those that are carried out by private entities for commercial purposes. Format: Seminar Method of Evaluation: Class participation: 25%; Formal presentation (including a written component):

25%; and Written term paper: 50%.

CMPL 604 International Business Law (001) (009) Professor Catherine Walsh Me Sébastien Jodoin - English Winter, 4 credits Description: This seminar will explore, through assigned readings for in-class discussion, a series of private and commercial law substantive issues of particular relevance to the business and financial communities that have been the object of international harmonizing initiatives, both formal and informal. Prerequisites: Open to graduate students and to undergraduate students who have completed four terms in the Faculty of Law. Format: Seminar Method of Evaluation: Method of evaluation: 10% class attendance, participation and leadership; 50% research essay; 10% oral presentation of research topic; 30% final 6-hour take-home examination.

ASPL 638 Law of Space Applications (001) (009) Professor Ram S. Jakhu - English Winter, 3 credits Description: This course deals with the international legal aspects of various space applications. In particular, the course examines the international law related to satellite telecommunications (including satellite broadcasting) and the role therein of various international organizations; remote sensing by satellites; space stations; space travel; navigational services by satellites; military uses of outer space; space-based solar power; and international space technology transfers and international trade in space products and services, etc. Prerequisites: None (however some knowledge of Public International Law is assumed). Format: Lecture Method of Evaluation: Examination (100%) (or examination 50% and optional paper 50%).

CMPL 610 Legal Research Methodology (009)



Professor Angela Campbell - English Fall & Winter, 4 credits Description: Exploration and critique of various methodological approaches to the pursuit of a research inquiry within the context of legal scholarship. Graduate students will develop familiarity with research methods and strategies and will be afforded with opportunities for developing and sharpening their legal research, writing and analytical skills. Format: Seminar Method of Evaluation: Multiple assignments, graded on a Pass/Fail basis,

CMPL 600 Legal Traditions (009) Professor René Provost – English Winter, 4 credits Description: The concept of a legal tradition. Nature of particular legal traditions, both secular and religious, including the civil and common law. Philosophical foundations of different traditions. Comparative method. Relations between traditions (colonialism, legal pluralism, cross-cultural jurisprudence). Format: Seminar Method of Evaluation: Class participation; short reflection pieces; seminar presentation; end of term essay.

ASPL 633 Public International Air Law (001) (009) Professor Paul Dempsey – English Fall, 3 credits Description: The course in Public International Air Law examines the relevant principles and rules of international law that affect the use of air space and aeronautics. The following topics are reviewed:

sources of international air law;

the relevant international aviation organizations and their law-making functions;

the law-making institutions and processes affecting the regime of air space and international air navigational and air transport;

the legal regime of the national and international air space;

the international standards and recommended practices regulating safety, security, air navigation, airports, and the environment;

aircraft accident investigation;

the concept of civil and state aircraft;

State certification and licensing of aircraft and airmen under international standards;

the exchange of air traffic rights; and

dispute resolution.



Method of Evaluation: 75% of the grade will be based on the student’s performance on a 24-hour take-home exam. The remaining 25% will be based on the student’s performance in on a written 7-10 page essay.

ASPL 636 Private International Air Law (001) (009) Professor Paul Dempsey- English Fall, 3 credits Description: This course examines the unification of private international air law through the adoption of international conventions. In particular, it reviews the liability of the air carrier towards passengers and shippers under the Warsaw Convention, as amended and supplemented by several other international legal instruments, including the Montreal Convention of 1999. The course also examines the basic framework of several other conventions, such as the Rome Convention on surface damage done by aircraft, and ICAO’s recent initiatives to revise the 1952 Rome Convention in the Montreal Conventions of 1999, as well as the liability exclusions for airlines and crew set forth in the Tokyo Convention and amendments thereto. Insurance aspects and implications of the air carrier’s international liability will also be addressed. Method of Evaluation: 75% of the grade will be based on the student’s performance on a 24-hour take-home exam. The remaining 25% will be based on the student’s performance in on a written 7-10 page essay.

ASPL 637 Space Law & Institutions (General Principles) (001) (009) Professor Ram S. Jakhu – English Fall, 3 credits Description: The objective of the course is to examine the role of international law in the regulation of outer space activities. Specifically, the course examines the current and potential future uses of outer space; the law-making process relating to space activities and the international institutions that are involved in this process; the legal regime of outer space and celestial bodies including the exploitation of space natural resources; the legal status of spacecraft including their registration; liability for damage caused by space activities; assistance to astronauts and spacecraft in distress; legal controls governing activities harmful to the environment and peaceful uses of outer space; settlement of space-related disputes, etc. Prerequisites: None (however some knowledge of Public International Law is assumed). Format: Lecture Method of Evaluation: Examination (100%) (or examination 50% and optional paper 50%).

CMPL 641 Theoretical Approaches to Law* (009) Professor Kirsten Anker - English Fall, 4 credits



Description: Introduction to theoretical reflection on law, legal education, and legal scholarship. The seminar will emphasize the importance of theoretical concerns in all legal scholarship, especially in the definition of research objectives, the choice of research methods, and the framing of conclusions. The seminar is designed to support students’ research by directing their attention to theoretical concerns, and encouraging them to subject their own methodological assumptions to re-evaluation. Format: Seminar Method of Evaluation: Multiple assessments. *Please note: This fall section of Theoretical Approaches to Law is open to LL.M. students only.

CMPL 641 Theoretical Approaches to Law* (010) Professor Mark Antaki – English Fall, 4 credits Description: Introduction to theoretical reflection on law, legal scholarship, and legal education. The seminar will emphasize the importance of theoretical concerns in all legal scholarship, including in the definition of research objectives, the choice of research methods, and the framing of conclusions. The seminar is designed to support students’ research by directing their attention to theoretical concerns, and encouraging them to subject their own methodological assumptions to re-evaluation. Format: Seminar Method of Evaluation: Multiple assessments *Please note: This fall section of Theoretical Approaches to Law is open to Doctoral students only.

WRITING COURSES WRIT 491 Term Essay 1 (001) Summer, Fall or Winter, 3 credits Description: See description below.

WRIT 492 Term Essay 2 (001) Summer, Fall or Winter, 3 credits Description: See description below.






WRIT 496 Term Essay 6 (001) Summer, Fall or Winter, 3 credits Description: Students who have completed one year in the program may elect, with the permission of the Associate Dean (Academic), to write an essay for credit. It is the responsibility of applicants to arrange with a full-time member of the Faculty to act as a Supervisor for their essays (see below for a list of the subject areas which individual professors have indicated an interest in supervising). Supervisory resources are limited, so it is best to approach potential supervisors as early as possible.

Application forms are available on the SAO website. A proposed table of contents, a clear statement of the essay thesis, and a preliminary bibliography of sources must be appended to the application form and approved by the supervisor before the application is submitted. Applications are to be submitted to the SAO on or before September 12, 2014 for the Fall Term, January 16, 2015 for the Winter Term and May 8, 2015 for the Summer Term.

Registration: Students must register in the appropriate term essay course on Minerva. The SAO will only contact should the application be refused or additional information required.

Essays are due on or before the fifth working day prior to the last working day of the examination period for the term in which the essay is being written. Final essays are due December 11, 2014 (Fall term), April 22, 2015 (Winter term) and August 15, 2015 (Summer term).

Students may not register for more than two Term Essays in any given term. If two term essays are completed in the same term, they must be supervised by two different professors.

WRIT 400 D1 & WRIT 400 D2 Senior Essay (001) Any two consecutive terms, 6 credits Description: Students may, with the permission of the Associate Dean (Academic), and on conditions set from time to time by the Faculty, elect to write a senior essay. This essay must have a scope and ambition sufficient to constitute a major element in the student's legal education. It is expected that the senior essay will focus on an area in which the student already has acquired significant training. To be eligible to write a senior essay, a student must have completed at least two years in the program; a student will normally have written at least one independent term essay before undertaking to write a senior essay. Only one such essay may be submitted for credit throughout a student's law studies.

http://www.mcgill.ca/law-studies/forms/#ESSAYS



It is the responsibility of applicants to arrange with a full-time member of Faculty to act as supervisors for their essays (see below for a list of the subject areas for which individual professors have indicated an interest in supervising). Application forms are available on the web. Applications must include a proposed table of contents, a detailed research proposal of 750-1000 words, and a preliminary bibliography of sources. Registration: Students must register in the appropriate term essay course on Minerva. The SAO will only contact should the application be refused or additional information required. Term: Senior essays must be written over a period of two terms (fall-winter, winter-summer, or summer-fall). Applications are to be submitted to the SAO on or before September 12, 2014 for the Fall Term, January 16, 2015 for the Winter Term and May 8, 2015 for the Summer Term. This is a Full-year course. Students must register for BOTH parts of the course. No credit will be granted unless all parts of the course are completed. Essays are due on or before the fifth working day prior to the last working day of the examination period for the term in which the essay is being written. Final essays are due December 11, 2014 (Fall term), April 22, 2015 (Winter term) and August 15, 2015 (Summer term).

WRIT 520 Writing and Drafting Project (001) Summer, Fall or Winter, 1 credits Description: A one-credit add-on to existing substantive courses in the Faculty of Law. Students undertake one or more writing exercises, e.g. drafting opinion letters or research memoranda. This add-on may be used once only, in the final year of study, with the permission of the Associate Dean (Academic). For undergraduate students, the project must relate to a course successfully completed in a previous term and must be supervised by a Faculty instructor with expertise in the area. Applications are to be submitted to the SAO on or before September 12, 2014 for the Fall Term, January 16, 2015 for the Winter Term and May 8, 2015 for the Summer Term.

http://www.mcgill.ca/law-studies/forms/#ESSAYS



Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO.

Essays are due on or before the fifth working day prior to the last working day of the examination period for the term in which the essay is being written. Final essays are due December 11, 2014 (Fall term), April 22, 2015 (Winter term) and August 15, 2015 (Summer term). Please note that the following professors have expressed an interest in supervising essays in the following areas:

Professor Wendy Adams: Law and popular culture; animal law; common law obligations.

Professor Payam Akhavan: International law, UN reform, comparative law, human rights,

laws of war, law and society, transitional justice, prevention of genocide, Islam and the West,

and international criminal law.

Professor Kirsten Anker: Aboriginal peoples and the law; property theory; law and society studies. Professor Mark Antaki: Law and aesthetics; law and language; legal education; history of legal and political thought; philosophy and rhetoric of law; some topics in socio-legal studies; some topics in public law, international law. Professor Frédéric Bachand: Domestic and international arbitration; civil procedure; evidence; private international law; legal interpretation. Professor Andrea Bjorklund: International arbitration and litigation, international trade and international investment. Professor Adelle Blackett: Labour Law, Trade Regulation, International Development Law, Law of International Organizations, and Critical Race Theory. Me Daniel Boyer: Legal research and writing; computer assisted legal research; heritage preservation; legal bibliography Professor Allison Christians: Domestic and international tax law and policy, socio-economic rights, policy, and development, globalization, international law and institutions, tax theory and norm development, networks, norms, and legal change. Professor Angela Campbell: Health Law (especially topics related to public health, women’s health, children’s health, reproductive technologies and surrogacy, social and economic determinants of health), Family Law, Criminal Law, Children and the Law, Feminist Legal Theory, Wills and Successions.



Professor François Crépeau: international and domestic human rights law, international migration and refugee law, international minorities law Professor Armand de Mestral: International Trade Law; Public International Law; Law of the Sea; International Environmental Law; Constitutional Law and Comparative Constitutional Law; European Community Law; The Law of International Economic Integration; International Humanitarian Law. Professor Helge Dedek: Private law, particularly the law of (contractual) obligations; European private law; private law theory; legal history; legal traditions; Roman law; legal education Professor Paul Dempsey: Transportation law, air law, aviation law and regulation. Professor Jaye Ellis: International environmental law; public international law; international legal theory; international law/international relations theory Professor Yaëll Emerich: Property law, Secured transactions, Comparative law, Legal theory, Jurilinguistics. Professor Vincent Forray: contract law, torts law, civil law of obligations and consumer law. Professor Evan Fox-Decent: Legal and political theory, the rule of law, administrative law, the law of fiduciaries, First Nations and the law, human rights. Professor Fabien Gélinas: Constitutional law, constitutional and legal theory, law of international business contracts, transnational law and international arbitration. Professor H. Patrick Glenn: Legal Profession; the Judiciary; Civil Procedure; Private International Law; Legal Traditions Professor Robert Godin: Civil law of property, some areas of Environmental Law Professor E. Richard Gold: Common law property; intellectual property; international intellectual property; patents; biotechnology Professor Ram Jakhu: Air and Space Law, International Telecommunication Law, Public International Law, Canadian Communications Law, Canadian Immigration Law Professor Richard Janda: Public Goods, Corporate Social Responsibility, Theories of Justice Professor Rosalie Jukier: Contractual Obligations including Remedies, Civil Procedure and Principles of Judicial Institutions, Legal Traditions, Legal Pedagogy Professor Daniel Jutras: Tout le droit des obligations, en droit civil et en common law (Contrats, responsabilité civile, enrichissement injustifié); Procédure civile, (y compris accès à la justice, recours collectifs, etc); Institutions judiciaires (Cour suprême, indépendance, éthique des juges, etc); Aspects comparatifs ou sociologiques du droit des obligations et de la procédure civile. In French or in English.



Professor Lara Khoury: Extra-contractual obligations, medical liability and health law Professor Alana Klein: Domestic and international human rights (particularly social and economic rights); health law (particularly public health and HIV/AIDS), comparative constitutional law; law and poverty; criminal law. Professor Hoi Kong: Public Law Theory, Comparative Law, Constitutional Law, Administrative Law, Municipal Law, Land Use Planning Law. Professor Helena Lamed: Insurance Law, experiential learning, legal research and writing, legal ethics and advocacy. Professor David Lametti: Intellectual Property, Copyright and Trademarks; Civil Law Property; Private Law Theory (Common Law and Civil Law); Legal Theory and Legal Philosophy Professor Robert Leckey: Family law, constitutional law Professor Roderick Macdonald: (IN MEMORIAM) Legal pluralism, access to justice, law reform, legal theory, sociology of law, administrative law, secured transactions. Professor Marie Manikis: Criminal law, human rights, victims, sentencing and criminal justice. Professor Frédéric Mégret: International Law of Human Rights, International Criminal Law. Professor Paul Miller: Philosophy of Private Law, Fiduciary Law, Trusts, Business and Non-Profit Organizations Professor Pierre-Emmanuel Moyse: Property law, history of property law, intellectual and industrial property law, competition & commercial law Professor Victor Muñiz-Fraticelli (joint appointment with Political Science) : Legal political, and moral theory, legal philosophy and jurisprudence, theories of justice; legal pluralism, religion and the law; history of legal and political thought. Professor Vrinda Narain (joint appointment with the Faculties of Law and of Arts): Constitutional law, Feminist Legal Theory, Social Diversity and Law, Post Colonial Studies and Law, Critical Race Theory, Muslim Family Law, Multiculturalism, Topics/Laws related to India. Professor Ronald Niezen (joint appointment with the Faculties of Law and of Arts): Professor Tina Piper: Patent and copyright law, legal history, history of medicine, science and technology studies. Professor René Provost: Public International Law; International Human Rights Law; Humanitarian Law of Armed Conflict; International Criminal Law; International Environmental Law; Legal Pluralism; Legal Anthropology



Professor Nandini Ramanujam: Rule of Law and Development, Critical Engagement with Discourses in Human Rights, Economic Justice, Comparative Perspectives on Corruption across Brazil, Russia, India and China, Role of Civil Society and the Fourth Estate (Media) in promotion of Rule of law, Exploration of interconnections between field based human rights work and theoretical discourses. Professor Geneviève Saumier: Private International Law; International Litigation and Civil Procedure; Class Actions; Civil Liability; International Family Law; Products Liability; Consumer Law; Arbitration Professor Colleen Sheppard: Constitutional law, Human rights (especially equality rights), Labour Law (workplace discrimination issues), Feminist legal theory; Comparative Constitutional Law (especially Canada-U.S.), Indigenous rights. Professor Lionel Smith: Private law, especially the law governing unjust enrichment, corporations, loyalty and trusts, and gifts, including the philosophical foundations of private law. Professor Stephen Smith: Commercial Transactions, Contracts, Legal Theory, Private Law generally, the law of Remedies Professor Margaret Somerville: Science, Medicine, Ethics and Law Professor Shauna Van Praagh: Children and Law; Extra-contractual Obligations/Tort Law; Religion and Law; Feminist Legal Theory; Legal Education Professor Catherine Walsh: Secured Transactions, Conflict of Laws or Private International Law, International Unification of Private Commercial Law. Professor Daniel Weinstock: Social and political philosophy; ethics of public policy; ethics of nationalism; foundations of international ethics politics of language and identity; democracy, citizenship, and pluralism; justice in multinational states; accommodation of cultural and moral diversity in democratic societies



GROUP ASSISTANTS & TUTORIAL LEADERS WRIT 048 Group Assistants (001) Various professors Fall and/or Winter, 2 credits Description: A limited number of candidates who have completed two years in the program may elect once only, with the permission of the Associate Dean (Academic), to serve as Group Assistants in an approved course. Prerequisites: Two years in the program Method of Evaluation: Pass/Fail. The instructor will appraise the quality of assignments performed by each group assistant. Teaching Hours: As arranged. Application Form: Must be completed with the supervising professor and submitted to the SAO. Registration: Positions will be advertised by individual professors in the Faculty starting in April. If selected, students must fill out a Group Assistant Application form (available on SAO website) and they will be issued a permit to register on Minerva.

WRIT 016 D1 & WRIT 016 D2 Legal Methodology Teaching Group I (First Year) (001) Faculty Supervisor: Me Helena Lamed – English & French Fall & Winter, 4 credits Description: Not open to students who have taken WRIT 017. Twelve upper year students who have completed at least two years in the program may register in this course, with the permission of the Associate Dean (Academic). Students registered in Legal Methodology Teaching Group 1 (first-year) are responsible for a significant portion of the instructional component of the Introductory Legal Research course. In addition to the teaching component of the course, students are also responsible for assisting first-year students in adapting to their studies in the Faculty of Law and for drafting research and writing assignments, under the supervision of the course instructor. Their responsibilities therefore include encouraging the creation of a supportive environment between first-year student members of each small group and detecting and addressing emotional or academic difficulties in adapting to law school. Prerequisites: Completion of at least two years in the program, fluency in English and French, academic achievement in the Faculty of Law, leadership qualities, strong interpersonal skills, demonstrated ability in legal research and writing, and teaching experience. Persons interested in serving as members of the Teaching Group must apply to the Faculty Director in the winter preceding service. Selection is based on the applicants' resume, grades and an interview. Seminar: Tutors will meet every week as a group Method of Evaluation: Graded evaluation based on overall performance in the course. This is a Full-year course. Students must register for both parts of the course. No credit will be granted unless all parts of the course are completed.

http://www.mcgill.ca/law-studies/forms#COURSES



WRIT 017 D1 &WRIT 017 D2 Legal Methodology Teaching Group II (Second Year) Faculty Supervisor: Me Helena Lamed – English & French Fall & Winter, 4 credits Description: Not open to students who have taken WRIT 016. A minimum of eight upper-year students who have completed at least two years in the program may register in this course, with the permission of the Associate Dean (Academic). Students registered in Legal Methodology Teaching Group 2 (Second Year) are responsible for a significant portion of the instructional component of the Legal Ethics & Advocacy course. The tutors will meet with their group of second-year students for one hour on a regular basis. They will also meet periodically with the Instructor. All second-year groups are taught in both English and French. Prerequisites: Completion of at least two years in the program, fluency in English and French, academic achievement in the Faculty of Law, interpersonal and organisational skills, demonstrated ability in legal research and writing, and teaching experience. Persons interested in serving as members of the Teaching Group must apply to the Faculty Director in the winter preceding service. Selection is based on the applicants' resume, grades and an interview. Format: Tutors will meet every week as a group Method of Evaluation: Graded evaluation based on overall performance in the course

LEGAL CLINIC Legal Clinic I (001) Faculty Supervisor: Prof. Helena Lamed (001) WRIT 433 D1 & WRIT 433 D2: Fall and Winter, OR Summer and Fall, 6 credits WRIT 433: Summer session, 6 credits Description: A limited number of candidates who have completed two years in the program may elect, only once, with the permission of the Dean or the Dean’s delegate, to work for credit in an approved clinic related activity. Applications are made in the Winter term preceding the academic year in which the clinic is undertaken. Not open to students who have taken Legal Clinic II or Legal Clinic III. The Legal Clinic course gives students an opportunity to enrich their legal education through practical work experience in law. Students work in various community organizations and legal clinics providing legal information and assistance to socially disadvantaged individuals and groups. The course promotes a deeper understanding of the legal system's response to poverty and inequality. Students are confronted with the social reality of access to justice and the interrelationship between legal concerns and economic, psychological, ethical and other social problems. The course also allows students to pursue work in organizations devoted to promoting and researching public interest law.



Students principally provide legal assistance in areas of the law affecting the lives of economically and socially disadvantaged individuals and groups. These areas typically include family, consumer, income security and social welfare, landlord-tenant, workers' compensation, unemployment insurance, immigration, environmental and human rights law. Method of Evaluation: Grading will be on a Pass/Fail basis, based on evaluation by supervising lawyer and written reports by the student. Registration: Selected students will be assigned a “Permit to Register” will allow registration on Minerva. The permit is assigned by the SAO.

WRIT 434 LEGAL CLINIC II (001) Faculty Supervisor: Prof. Helena Lamed Summer, Fall or Winter, 3 credits Description: See Legal Clinic I. Not open to students who have taken Legal Clinic I.

WRIT 435 LEGAL CLINIC III (001) Faculty Supervisor: Prof. Helena Lamed Summer, Fall or Winter, 3 credits Description: See Legal Clinic I. Not open to students who have taken Legal Clinic I.

LAW JOURNALS Supervising Instructors: TBA McGill Law Journal, the McGill Journal of Law and Health and the McGill International Journal of Sustainable Development Law and Policy Description: Students who have been recommended for the various positions on the McGill Law Journal, the McGill Journal of Law and Health and the McGill International Journal of Sustainable Development Law and Policy are granted credits on an equivalence basis upon approval by the Associate Dean (Academic). Credits are awarded for the position listed below. American Journal of Comparative Law

Description: Starting January 2014, McGill will host the Journal in partnership with the Georgetown

University Law Center.This proposal seeks to integrate students into the process of editing a reputable,

peer-reviewed journal, and thus provide students at the Faculty with a unique pedagogical experience.

LL.M. students pursuing their degree within the ICL and B.C.L./LL.B. students should be awarded two or

three credits, depending on the number of hours to which they are willing and/or able to commit to the

journal as editorial assistants.



All of the journal positions below are full-year courses. Students must register for both parts of the course. No credit will be granted unless all parts of the course are completed. Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO.

WRIT 330D1 & WRIT 330D2 Editor-in-Chief 1 (001) Fall and Winter, 4 credits

WRIT 001D1 & WRIT 001D2 Editor-in-Chief 2 (001) Fall and Winter, 6 credits

WRIT 331D1 & WRIT 331D2 Executive Editor 1 (001) Fall and Winter, 4 credits

WRIT 002D1 & WRIT 002D2 Executive Editor 2 (001) Fall and Winter, 5 credits

WRIT 332D1 & WRIT 332D2 Managing Editor 1 (001) Fall and Winter, 4 credits

WRIT 003D1 & WRIT 003D2 Managing Editor 2 (001) Fall and Winter, 6 credits

WRIT 334D1 & WRIT 334D2 Specialized Editor 1 (001) Fall and Winter, 2 credits

WRIT 009D1 & WRIT 009D2 Specialized Editor 2 (001) Fall and Winter, 4 credits

WRIT 004D1 & WRIT 004D2 Senior Editor 2 (001) Fall and Winter, 3 credits

WRIT 011D1 &WRIT 011D2 Junior Editor (001) Fall and Winter, 3 credits



WRIT 333D1 & WRIT 333D2 Senior Editor 1 (001) Fall and Winter, 2 credits

WRIT 005D1 & WRIT 005D2 Senior Manager (001) Fall and Winter, 2 credits

WRIT 010D1 & WRIT 010D2 Junior Manager (001) Fall and Winter, 2 credits

WRIT 500 (001) Editorial Assistant 1 *For the American Journal of Comparative Law only. Fall and Winter, 3 credits WRIT 501 (001) Editorial Assistant 2 *For the American Journal of Comparative Law only. Fall and Winter, 2 credits

MOOT COMPETITIONS

PRAC 510 Advanced Mooting I (001) Faculty Supervisor: Professor H. Lamed Fall or Winter, 3 credits Description: Participation, under Faculty supervision, in an advanced mooting competition approved for this purpose by the Dean. Students may register for Advanced Mooting a maximum of twice. Method of Evaluation: Pass/Fail, Factum and oral presentations Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO.

PRAC 511 Advanced Mooting II (001) Faculty Supervisor: Professor H. Lamed Fall or Winter, 3 credits Description: Participation, under Faculty supervision, in an advanced mooting competition approved for this purpose by the Dean. Students may register for Advanced Mooting a maximum of twice. Method of Evaluation: Pass/Fail, Factum and oral presentations Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO.



NOTE: The courses Advanced Mooting I and II apply to approved mooting competitions, which may include the Concours Davies, Philip Jessup International Moot, Tribunal-École Pierre-Basile Mignault, Concours Charles-Rousseau, Laskin Moot Court Competition, the Sopinka Cup, the Wilson Moot, the Vis Moot and the Kawaskimhon Moot . The selection of the candidates takes place in the Spring preceding the academic year in which the competition takes place.

COURT AND ADMINISTRATIVE TRIBUNAL

CLERKSHIPS

WRIT 440 D1 & WRIT 440 D2 Clerkship A (001) Faculty Supervisor: Associate Dean (Academic) Fall and Winter, 6 credits Description: Students having completed four terms in the Law Faculty and not having taken Clerkship B, may complete a clerkship under general Faculty supervision. Clerkships provide an opportunity to work as a research assistant for a judge or a member of an administrative tribunal from September to early April, with an interruption for examinations. Clerkships are prestigious positions that will be awarded to the best applicants by the Dean or Dean's delegate. The courses entail doing a minimum of eight hours of research and memorandum writing per week with periodic meetings with the judge (total 200 hours). Evaluation will be made on a pass/fail basis by the Dean or Dean's delegate in consultation with the judge. Halfway through the clerkship and at the end, the students must report to the Faculty supervisor (report forms available on the SAO website). Applications are usually made in the spring before the academic year in which the clerkship is undertaken. Students forego their right to drop the course at the beginning of first and second term. Students undertake, if selected, to complete all enrolment requirements. They will have to take an oath to maintain the confidentiality of information acquired as court clerks and must avoid conflicts of interest, in particular with law firms Prerequisites: Two years in the program Method of Evaluation: Pass/Fail Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO.



WRIT 441 Clerkship B (001) Faculty Supervisor: Associate Dean (Academic) Summer, Fall or Winter, 3 credits Description: See Clerkship A, above. In exceptional cases, students may be selected to complete a one-semester clerkship with a local court or administrative tribunal during the Fall or Winter semester. The courses entail doing a minimum of eight hours of research and memorandum writing per week with periodic meetings with the judge (total 100 hours). Ad hoc clerkships: Students may propose a self-organized clerkship at a court or administrative tribunal outside Montreal, to take place during the summer term. Students must complete a minimum of 200 hours during the summer term. Prerequisites: Two years in the program Method of Evaluation: Pass/Fail Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO.

HUMAN RIGHTS INTERNSHIP LAWG 517 International Human Rights Internship (001) (002) Faculty Supervisor: Professor Nandini Ramanujam Summer 2015, 3 credits Description: The International Human Rights Internships Program allows students to earn six (6) credits toward the completion of the McGill BCL/LLB Program. The Program is administered by the Centre for Human Rights and Legal Pluralism. The Program carefully selects law students for summer placements as interns with Canadian and International NGOs, and Courts, for a period of 12 weeks. The Internship Program provides students with an opportunity to apply their legal education in a concrete setting and further develop a demonstrated interest and commitment to the defence of human rights. Students participate in the Program as volunteers, with partial funding from the Faculty of Law. Upon completion of the 12-week placement, the intern is expected to submit a report (10-15 pages) on the internship experience.

Following the summer internship, Interns are also required to take a seminar course entitled “Critical Engagement with Human Rights” in the Fall term, which leads to a final research paper. The course will focus on taking the interns through the process of writing this paper, and grades will be broken down over the various components of this process. The paper is written throughout the course of the seminar.

Selection of Interns: Students will be invited to submit an application for designated human rights internships in early Fall. Candidates will be chosen on the basis of superior writing skills, ability to work in a difficult environment, and demonstrated interest in international human rights. Students intending to return as full-time students in the following Fall term will be given preference, in order that the experience of interns can be brought back to the classrooms and generally enrich the life of the Faculty. Selected students must register for this course through Minerva.



Field Work Component: Interns must spend a minimum of twelve weeks in the field with the partner organization. The partner organizations are asked to allow interns one day a week to work on their own research project. Students complete the internship in the summer term only. Internship Report: Interns must submit a written detailed report to the Human Rights Internship Program Coordinator by September 30, 2014. Students must register for the course “Critical engagements with Human Rights” (LAWG 505) in the Fall semester following their internship. Method of Evaluation: Pass/Fail Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO. Course numbers may vary from year to year.

HONOURS COURSES WRIT 450 Honours Thesis 1 (001) Fall or Winter, 3 credits Description: Preparation of honours thesis proposal and literature review. Restrictions: Students must be accepted into the Honours program. Method of Evaluation: The thesis supervisor will appraise the quality of the work performed by the student. Grading will be on a Pass/Fail basis.

WRIT 451 Honours Thesis 2 (001) Various professors (001) Fall or Winter, 6 credits Description: Thesis research report. Restrictions: Students must be accepted into the Honours program. Prerequisite: Honours Thesis 1 Method of Evaluation: The thesis supervisor will appraise the quality of the work performed by the student. Grading will be on a Pass/Fail basis.

WRIT 452 Honours Thesis 3 (001) Various professors Fall or Winter, 6 credits Description: Completion of Honours thesis. Restrictions: Students must be accepted into Honours program. Prerequisites: Honours Thesis 1 and Honours Thesis 2 Method of Evaluation: The thesis supervisor and another examiner will appraise the quality of the work performed by the student. Grading will be on a Pass/Fail basis. The standard for obtaining a Pass reflects



the goal of the Honours program: the thesis must qualify as a substantial work of publishable quality. Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO.

MAJOR INTERNSHIPS The Major internships give students enrolled in a Major program an opportunity to enrich their legal education through practical work experience in the field of study of their Major. Students work in various organizations, under the guidance of an on-site supervisor. Each internship entails doing a minimum of 200 hours, with periodic meetings with the on-site supervisor. Evaluation is made on a pass/fail basis by the Faculty supervisor in consultation with the on-site supervisor. Halfway through the internship and at the end, students must report to the Faculty supervisor (report forms are available on the SAO website). Applications are usually made in the summer preceding the academic year in which the internship is undertaken. Students who have been selected for an internship must register in the appropriate course on Minerva. For further information, contact the the Student Affairs Office. WRIT 300 Major Internship (001) Faculty Supervisor:Associate Dean (Academic) Summer, Fall and/or Winter, 6 credits Description: A limited number of students who have completed four terms in the Faculty may, with permission of the Assistant Dean (Student Life and Learning), work once as an intern in an approved internship relating to their Major concentration. Internships take place in the final summer or academic year of the program. Restrictions: Students must be enrolled in a Major program. Method of Evaluation: Grading is on a Pass/Fail basis, based on evaluation by supervisors and written reports by the student. Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO.



COURSE OFFERINGS 2014-2015 FIRST YEAR UNDERGRADUATE MANDATORY COURSES Civil Law Property Constitutional Law Contractual Obligations Extra-Contractual Obligations Foundations of Canadian Law Introductory Legal Research SECOND YEAR UNDERGRADUATE MANDATORY COURSES Advanced Civil Law Obligations Advanced Common Law Obligations Common Law Property Legal Ethics and Advocacy OTHER UNDERGRADUATE MANDATORY COURSES Business Associations Criminal Law Judicial Institutions and Civil Procedure UNDERGRADUATE COMPLEMENTARY & ELECTIVE

COURSES Aboriginal Peoples & the Law Administrative Process (The) Administrative Property of Another & Trusts Advanced Criminal Law Advanced Torts Banking Law Bankruptcy & Insolvency Civil Liberties Civil Litigation Workshop Commercial Law Communications Law Comparative Medical Law Complex Legal Transactions 1 Consumer Law Corporate Finance Corporate Taxation Criminal Procedure Critical Engagements with HR Death & Property Employment Law Equity and Trusts

European Union Law I Evidence (Civil Matters) Evidence (Criminal Matters) Extrajudicial Dispute Resolution Family Law Feminist Legal Theory Immigration & Refugee Law Intellectual and Industrial Property International Carriage of Goods by Sea International Criminal Law International Environmental Law & Politics International Law of Human Rights International Taxation Judicial Review of Administrative Action Jurisprudence Law and Poverty Law and Practice of International Trade Law & Psychiatry Legal Education Seminar Legal Theory Medical Liability Private International Law Public International Law Remedies Resolution of International Disputes Secured Transactions Securities Regulation Sentencing in Canadian Law Social Diversity & the Law Specialized Topics in Law 1: Images & the Law Specialized Topics in Law 2: Mode d’existence des objets juridiques Specialized Topics in Law 3: Law & Embodiment Specialized Topics in Law 5: Legal Anthropology Specialized Topics in Law 6: Law & Popular Culture Specialized Topics in Law 6: Comparative Food Law Specialized Topics in Law 7: Mergers & Acquisitions Specialized Topics in Law 7: Sports Law Specialized Topics in Law 8: Anatomy of a Murder Trial Specialized Topics in Law 8: Church & State Specialized Topics in Law 9: International Investment Disputes



Specialized Topics in Law 9: Participants in the International Legal System: State & Non-State Actors Specialized Topics in Law 10: Economic Justice in a Globalize World: Role of State & Non-State Actors Specialized Topics in Law 10: International Civil Litigation Specialized Topics in Law 13: Financial & Corporate Law Sources Specialized Topics in Law 13: Current Problems in Taxation Specialized Topics in Law 16: Advanced Criminal Evidence Specialized Topics in Law 17: Rule of Law & Development Specialized Topics in Law 18: Political Law Specialized Topics in Law 18: Rethinking International Law Specialized Topics in Law 20: Private Law Theory Statutory Interpretation Sustainable Development Law Talmudic Law Tax Policy Taxation Theories of Justice Trade Regulation GRADUATE COURSES Airline Business and Law Comparative Air Law Government Regulation of Air Transport Government Regulation of Space Activities Interdisciplinary Seminar on European Studies International Business Law Law and Health Care Law of Space Applications Legal Research Methodology Legal Traditions Private International Air Law Public International Air Law Space Law: General Principles Theoretical Approaches to Law WRITING COURSES Term Essay 1-6

Senior Essay Writing and Drafting Project GROUP ASSISTANTS & TUTORIAL LEADERS Group Assistants Legal Methodology Teaching Group 1 (First-Year) Legal Methodology Teaching Group 2 (Second-Year) STUDENT-INITIATED SEMINARS Critical Race Theory Cyberspace Restorative Justice LEGAL CLINIC Legal Clinic 1 Legal Clinic 2 Legal Clinic 3 LAW JOURNALS Editor-in-Chief 1 Editor-in-Chief 2 Executive Editor 1 Executive Editor 2 Managing Editor 1 Managing Editor 2 Specialized Editor 1 Specialized Editor 2 Senior Editor 1 Senior Editor 2 Senior Manager Junior Manager MOOT COMPETITIONS Advanced Mooting 1 Advanced Mooting 2 COURT AND ADMINISTRATIVE TRIBUNALS CLERKSHIP Clerkship A



Clerkship B HUMAN RIGHTS INTERNSHIPS International Human Rights Internships XIV: HONOURS COURSES

Honours Thesis 1 Honours Thesis 2 Honours Thesis 3 MAJOR INTERNSHIPS Major Internships

Important Notes

The following courses may be taken only twice during a student's law program: Legal Clinic (3 credits) and Research Seminars.

The following courses can be taken only once: Group Assistants, Legal Methodology Teaching Groups, Clerkships, Legal Clinic (6 credits) and Student-Initiated Seminars.

Dans l’intérêt de faciliter la sélection des cours, voici une liste de cours qui sont, en principe, offerts dans les années alternantes.

Please note that this information is provisional; we cannot guarantee the course offerings for 2015-16.

The following courses, offered in 2014-15, may not be offered in 2015-16:

Law of Persons PRV2 270

Restitution PRV4 500

ST Energy and the Environment

Entertainment Law CMPL 524

International Maritime Conventions CMPL 553

Environment and the Law CMPL 580 / Sustainable Development Law LAWG 502 / International Environmental Law CMPL 546: Two out of three will likely be offered; it is unlikely that all three will be offered

Les cours suivants, pas offerts en 2014-15, seront probablement offerts en 2015-16:

Consumer Law PRV5 483

Family Property Law LAWG 300

Complex Legal Transactions I LAWG 500

Canadian Legal History CMPL 547

Roman Law CMPL 510



Administration of the Property of Another and Trusts PRV4 548

Real Estate Transactions PRV4 451

Law and Health Care CMPL 642

International Carriage of Goods by Sea CMPL 515

ST 7 Sports law

N.B. The course LAWG 504 Death and Property should be offered in 2015-2016.

Veuillez noter que les cours ayant une inscription de moins de 10 étudiants risquent d’être annulés. Les

cours ayant une inscription de douze ou moins juste avant le début de la session seront très

probablement annulés.

Enrolment numbers will be looked at early in the semester; courses with enrolment of less than 10 will very likely be cancelled. We will not cancel courses less than three full working days prior to the end of the add-drop period.

Satisfactory/Unsatisfactory option

The Faculty of Law approved the S/U Option to be applicable to Law and non-law Electives and Law

Complementary courses within the B.C.L./LL.B. Program on April 10, 2013.

The S/U Option is limited to one course in the program for a max of 4 credits.

Students are NOT permitted to choose the S/U Option for Required Courses.

For 2014-2015, if you decide to have a course graded as Satisfactory/Unsatisfactory (S/U), you must do

so before the Course Change deadline on Minerva (www.mcgill.ca/minerva) as part of the Student Menu

> Registration Menu > Quick Add or Drop Course Sections Menu. You cannot make any changes after

the Course Change deadline even if you selected the option by mistake.

The instructor will report grades in the normal fashion. Grades of A through C are converted to

“Satisfactory” (S), and grades of D, F, and J are converted to “Unsatisfactory” (U). The courses taken

under the S/U option will be excluded from the grade point average (GPA) calculations, but they will be

included in the attempted credits total. Credits for courses with a final grade of S will also be included in

the number of credits earned.

The Satisfactory/Unsatisfactory option is not open to graduate students.

For more information, please refer to the Satisfactory/Unsatisfactory Option

http://www.mcgill.ca/study/2014-

2015/university_regulations_and_resources/undergraduate/gi_courses_taken_under_the_satisfacto

http://www.mcgill.ca/minerva

http://www.mcgill.ca/study/2014-2015/university_regulations_and_resources/undergraduate/gi_courses_taken_under_the_satisfactory_unsatisfactory_optionon




ry_unsatisfactory_optionon the main McGill Programs, Courses and University Regulations site,

under Registration. Be aware that a D is a fail and translates to “Unsatisfactory” under this option.


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