McGill University – Faculty of Law Page 1 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE OFFERINGS 2012-2013

TABLE OF CONTENTS

COURSE OFFERINGS 2012-2013

Section I: First Year Undergraduate Mandatory Courses 2

Section II: Upper Year Undergraduate Mandatory Courses 10

Section III: Complementary Courses 24

Section IV: Graduate Courses 62

Section V: Writing Courses 68

Section VI: Teaching Assistants 73

Section VII: Student Seminars 75

Section VIII: Legal Clinic 76

Section IX: Law Journals 78

Section X: Moot Competitions 81

Section XI: Court and Administrative Tribunal Clerkships 82

Section XII: Human Rights Internship 84

Section XIII: Honours Courses 85

Section XIV: Major Internships 86

McGill University – Faculty of Law Page 2 Course Offerings 2012-2013 (Revised January 4, 2013)

SECTION I:

FIRST YEAR UNDERGRADUATE MANDATORY COURSES

CIVIL LAW PROPERTY

CONSTITUTIONAL LAW

CONTRACTUAL OBLIGATIONS

EXTRA-CONTRACTUAL OBLIGATIONS

FOUNDATIONS OF CANADIAN LAW

INTRODUCTORY LEGAL RESEARCH

McGill University – Faculty of Law Page 3 Course Offerings 2012-2013 (Revised January 4, 2013)

CIVIL LAW PROPERTY DROIT DES BIENS

PRV1 144 D1, PRV1 144 D2 5 CREDITS FALL & WINTER TERMS

Instructor: Professor Véronique Bélanger (Fall) (001) Professor Robert Godin (Winter) (001) Language of Instruction: 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). Sequence: First year Method of Evaluation: December examination & Final examination. In-term assignments TBC

Instructor: Professor Pierre Emmanuel Moyse (002) Language of Instruction: English Description: General theoretical and historical context of Civil law Property. The first part of the course covers fundamentals of Quebec Civil law. The following principal themes and codal classifications are examined: property and things, ownership and possession, dismemberments, modes of ownerships. In the second part, we question the foundations of the law of property as exemplified in the Code and address paradigm shifts observed in newer property- related fields such as trusts, intellectual property and Indian titles. Sequence: First year Method of Evaluation: December examination: 25%. Final examination: 75%

McGill University – Faculty of Law Page 4 Course Offerings 2012-2013 (Revised January 4, 2013)

Instructor: Professor Yaëll Emerich (003) Language of Instruction: Français Description: Ce cours vise à étudier les relations entre la personne 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, incluant ses limites, notamment dans le contexte du voisinage. 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 a la place de l’incorporel dans un droit traditionnellement marque par la corporalité. Sequence: First year Method of Evaluation: Examen de décembre: 25%; Examen final: 75%

CONSTITUTIONAL LAW DROIT CONSTITUTIONNEL

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

Instructor: Professor Hoi Kong (001) Language of Instruction: English Description: In this course, we will examine several broad issues in Canadian constitutional law: the division of powers, the separation of powers, individual rights and group rights. At the end of the course, students should be able to do the following: (i) state the doctrinal rules that we cover in this course and apply them with rigor and creativity to novel fact situations; (ii) articulate the purposes underlying the various constitutional provisions that we will study, prioritize or reconcile these diverse purposes, and critically examine how courts have interpreted these provisions and their purposes; (iii) describe a variety of judicial interpretive techniques, illustrate how these techniques are deployed in particular cases, and weigh the institutional implications of a court’s choosing to adopt one or several of these techniques over others; (iv) demonstrate an understanding of, and stake out a position on, some theoretical debates in Canadian constitutional law. Sequence First year Method of Evaluation: Mandatory final and mid-term examination and mandatory in-term assignments.

McGill University – Faculty of Law Page 5 Course Offerings 2012-2013 (Revised January 4, 2013)

Instructor: Professor Vrinda Narain (002) Language of Instruction: English Description: An introduction to the basic framework of the Canadian Constitutional system. We will study key aspects of constitutionalism including: sources of Canadian constitutional law, federalism, division of powers, the role of the judiciary, Aboriginal peoples and the constitution, and the Canadian Charter of Rights and Freedoms. Sequence First year Method of Evaluation: Mid-term (25%), final exam (75%)

Instructor: Professor Fabien Gélinas (003) Language of Instruction: Français Description: Un traitement de l’histoire, de la théorie, de la pratique et du droit constitutionnels envisagés dans une perspective transnationale. 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. Sequence First year Method of Evaluation: Examen écrit; exercises; take-home

CONTRACTUAL OBLIGATIONS OBLIGATIONS CONTRACTUELLES

LAWG 100 D1, LAWG 100 D2 6 CREDITS FALL & WINTER TERMS

Instructor: Professor Helge Dedek (001) Language of Instruction: 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. Sequence First year Method of Evaluation: Midterm exam in December, final exam in April (25%, 75%) Optional Assignment (25%)

Instructor: Professor Rosalie Jukier (002) Language of Instruction: 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 McGill University – Faculty of Law Page 6 Course Offerings 2012-2013 (Revised January 4, 2013)

contractual obligations; reasons for setting aside agreements; contractual remedies and rights of third parties. Sequence First year Method of Evaluation: Midterm exam in December, optional assignment, final exam in April (25%, 75%)

Instructor: Professor Vincent Forray (003) Language of Instruction: French Description: Introduction to the transsystemic and critical analysis of contract law. 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. Sequence First year Method of Evaluation: Term essay, oral presentation & commitment in the classroom, group activity, final examination.

EXTRA-CONTRACTUAL OBLIGATIONS OBLIGATIONS EXTRA- CONTRACTUELLES /TORTS

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

Instructor: Professor Geneviève Saumier (001) Language of Instruction: 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. Sequence First year Method of Evaluation: Mid-term exam; final examination; in-term assignment

McGill University – Faculty of Law Page 7 Course Offerings 2012-2013 (Revised January 4, 2013)

Instructor: Professor Shauna Van Praagh (002) Language of Instruction: 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. Sequence First year Method of Evaluation: Mid-term examination in December; final examination; in-term assignment.

Instructor: Professor Lara Khoury (003) Language of Instruction: Français 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. Sequence First year 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

Instructor: Professor Mark Antaki (001) Language of Instruction: English Description: Overview of the spirit, history, sources, techniques and aspirations of law as reflected through Canadian and other experiences. Students are invited to reflect upon their own preconceptions and prejudgements regarding law, and the various ways in which law and legal practices may be understood and evaluated. The course explores issues of legal discourse, practice and institutions, comparative methodology and the transsystemic approach, legal theory, justice and ethic. Sequence First year Method of Evaluation: Multiple assessments

McGill University – Faculty of Law Page 8 Course Offerings 2012-2013 (Revised January 4, 2013)

Instructor: Professor David Howes (002) Language of Instruction: 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, and justice Canadian style. Sequence First year Seminar: Yes. The course will be taught in seminar style, supplemented by occasional lectures to the whole first year cohort. Method of Evaluation: Multiple assessments, including two essay-style take-home examinations.

Instructor: Professor François Crépeau (003) Language of Instruction: 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. Sequence First year Method of Evaluation: Test de comprehension (15%); Examen-maison (25%); Essai (40%); Participation (20%).

Instructor: Professor René Provost (004) Language of Instruction: Français Description: An overview of the spirit, history, sources, techniques and aspirations of law as reflected through the Canadian experience; with particular emphasis on literature, art, and rhetoric as ways to help first year students begin to think about the big questions – What is law and where does it come from? How is law read and what does it mean? What is law for and how are we to judge it? Sequence First year Method of Evaluation: Multiple assessments, including a take-home examination and an essay Seminar *Yes. The course will be taught in seminar style, supplemented by occasional lectures to the whole first year cohort.

McGill University – Faculty of Law Page 9 Course Offerings 2012-2013 (Revised January 4, 2013)

INTRODUCTORY LEGAL RESEARCH

PRAC 147 D1, PRAC 147 D2 3 CREDITS FALL & WINTER TERMS

Instructor: Me Helena Lamed (001) Language of Instruction: English and French Description: Introduction to legal method: sources of law, court structure, legislative process. Introduction to research, analysis and to expository and prescriptive legal writing. Teaching is in the Class of the Whole and in small groups Sequence First year Method of Evaluation: Various in-term assignments

McGill University – Faculty of Law Page 10 Course Offerings 2012-2013 (Revised January 4, 2013)

SECTION II:

SECOND YEAR UNDERGRADUATE MANDATORY COURSES

ADVANCED CIVIL LAW OBLIGATIONS

ADVANCED COMMON LAW OBLIGATIONS

COMMON LAW PROPERTY

LEGAL ETHICS AND ADVOCACY

OTHER UNDERGRADUATE MANDATORY COURSES

JUDICIAL INSTITUTIONS AND CIVIL PROCEDURE

CRIMINAL LAW McGill University – Faculty of Law Page 11 Course Offerings 2012-2013 (Revised January 4, 2013)

SECOND YEAR UNDERGRADUATE MANDATORY COURSES

FALL TERM

McGill University – Faculty of Law Page 12 Course Offerings 2012-2013 (Revised January 4, 2013)

ADVANCED CIVIL LAW OBLIGATIONS

PROC 200 3 CREDITS FALL TERM

Instructor: Me Alexandra Popovici (001) Language of Instruction: English Description: This course has two overarching objectives. The first is to deepen your understanding of the Civil Law as a legal tradition, to underline the importance of legal history for such an understanding, and to highlight key elements of the civil law culture and methodology. Building on this insight, it is the second objective of this course to reflect on the development of the Civilian theory of obligations, and to examine certain advanced topics in the substantive law, as they are understood in modern manifestations of the Civil Law tradition. Prerequisites: Contractual Obligations and Extra-contractual Obligations Seminar: No. Sequence Second year Method of Evaluation: TBD

Instructor: Professor Vincent Forray (003) Language of Instruction: Français Description: This course has two overarching objectives. The first is to deepen your understanding of the Civil Law as a legal tradition, to underline the importance of legal history for such an understanding, and to highlight key elements of the civil law culture and methodology. Building on this insight, it is the second objective of this course to reflect on the development of the Civilian theory of obligations, and to examine certain advanced topics in the substantive law, as they are understood in modern manifestations of the Civil Law tradition. This course aim to develop a first approach of one could call “droit civil critique”: a self-questioning civilist perspective sustained by a constant preoccupation of “what lawyers do”. Prerequisites: Contractual Obligations and Extra-contractual Obligations Seminar: No, but there will be sessions with upper year Tutorial Leaders. Sequence Second year Method of Evaluation: Commitment on the classroom, group activity, final examination.

McGill University – Faculty of Law Page 13 Course Offerings 2012-2013 (Revised January 4, 2013)

ADVANCED COMMON LAW OBLIGATIONS

PRV3 200 3 CREDITS FALL TERM

Instructor: Professor Shauna Van Praagh (001) Language of Instruction: English Description: This course develops participants’ 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 the common law and selected issues and problems in the substantive law of obligations. Proximity serves as an overarching theme for examining the contours of tort (negligent misrepresentations, economic loss), contract (problems of privity, overlap with negligence), and fiduciary obligations. Prerequisites : Contractual Obligations and Extra-contractual Obligations Seminar: No Sequence Second year Method of Evaluation: Participation, including a short written component (20%) and Final end of term assignment (Specific time period to be confirmed) (80%).

COMMON LAW PROPERTY PRV4 144 4 CREDITS FALL TERM

Instructor: Professor Wendy Adams (001) Language of Instruction: English 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. Seminar: No Sequence Second year Method of Evaluation: TBD

McGill University – Faculty of Law Page 14 Course Offerings 2012-2013 (Revised January 4, 2013)

LEGAL ETHICS AND ADVOCACY PRAC 155 D1, PRAC155 D2 3 CREDITS FALL AND WINTER TERMS

Instructor: Me Helena Lamed (001) Language of Instruction: English and French 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. Seminar: No Tutorial Sessions: Registration will open in early September. Sequence Second year Method of Evaluation: Short Quiz, and in-term assignments written and oral. Factums will be written and pleaded in the second term.

This is a Full-year course. Students must register for BOTH parts of the course. No credit will be granted unless both parts of the course are completed.

McGill University – Faculty of Law Page 15 Course Offerings 2012-2013 (Revised January 4, 2013)

SECOND YEAR UNDERGRADUATE MANDATORY COURSES

WINTER TERM

McGill University – Faculty of Law Page 16 Course Offerings 2012-2013 (Revised January 4, 2013)

ADVANCED CIVIL LAW OBLIGATIONS

PROC 200 3 CREDITS WINTER TERM

Instructor: Professor Lara Khoury (001) Language of Instruction: English Description: The course’s objectives are to deepen your understanding of the Civil Law as a legal tradition and to highlight key elements of the civil law culture and methodology. Building on this insight, we will also reflect on the development of the Civilian theory of obligations, and examine certain advanced topics in the substantive law, as they are understood in modern manifestations of the Civil Law tradition. Prerequisites: Contractual Obligations and Extra-contractual Obligations Sequence Second year Seminar: No Method of Evaluation: In-term team paper and end of term examination

ADVANCED COMMON LAW OBLIGATIONS

PRV3 200 3 CREDITS WINTER TERM

Instructor: Professor Wendy Adams (001) Language of Instruction: English Description: The objective of this course is to deepen students’ knowledge and skills related to the study of private law obligations in common law. Students will explore the nature of common law tradition and methodology by examining selected issues and problems in tort, contract and fiduciary obligations. An overarching theme of the course is the way in which common law reasoning reconciles respect for precedent with the need for law to evolve in response to changing social and economic circumstances. Prerequisites : Contractual Obligations and Extra-contractual Obligations Seminar: No Sequence : Second year Method of Evaluation: TBD

McGill University – Faculty of Law Page 17 Course Offerings 2012-2013 (Revised January 4, 2013)

Instructor: Professor David Lametti (002) Language of Instruction: English 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. Prerequisites : Contractual Obligations and Extra-contractual Obligations Seminar: No Sequence : Second year Method of Evaluation: Final examination and other in-term assessments

COMMON LAW PROPERTY PRV4 144 4 CREDITS WINTER TERM

Instructor : Professor William Foster (001) Language of Instruction: English 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 certain aspects of 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 the jurisprudence. Sequence: Second year 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.

McGill University – Faculty of Law Page 18 Course Offerings 2012-2013 (Revised January 4, 2013)

Instructor: Professor David Lametti (002) Language of Instruction: English 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. Seminar: No Sequence Second year Method of Evaluation: Final Examination and other in-term assessments

McGill University – Faculty of Law Page 19 Course Offerings 2012-2013 (Revised January 4, 2013)

OTHER UNDERGRADUATE MANDATORY COURSES

FALL TERM

McGill University – Faculty of Law Page 20 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: CRIMINAL LAW Number: PUB2 111 Instructor: Justice Patrick Healy (001) Term: Fall Language of Instruction: English Credits: 3 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. Prerequisites: None Seminar: No Method of Evaluation: TBD

COURSE TITLE: JUDICIAL INSTITUTIONS AND CIVIL PROCEDURE Number: PROC 124 Term: Fall Instructor: Me Geeta Narang (001) Credits: 4 Language of instruction: English Description: This course addresses the role of judicial institutions in the resolution of disputes in civil matters. The course deals with the legal profession, the judiciary, court structures, the scope of litigation (including class actions) and civil procedure down to trial. Prerequisites: None Seminar: No Method of Evaluation: Final examination (open book) and one mid-term examination.

McGill University – Faculty of Law Page 21 Course Offerings 2012-2013 (Revised January 4, 2013)

OTHER UNDERGRADUATE MANDATORY COURSES

WINTER TERM

McGill University – Faculty of Law Page 22 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: DROIT PÉNAL Number: PUB2 111 Instructor: Me Thierry Nadon (003) (006) Term: Winter Language of Instruction: Français Credits: 3 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. Prerequisites: None Seminar: No Method of Evaluation: Participation (25%), Examen (75%)

COURSE TITLE: DROIT JUDICIAIRE Number: PROC 124 Instructor: Professor Frédéric Bachand (003) Term: Winter Language of Instruction: Français Credits: 4 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. Prerequisites: None Seminar: No Method of Evaluation: Mid-term (33%) and Take-Home exam (67%)

McGill University – Faculty of Law Page 23 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: JUDICIAL INSTITUTIONS AND CIVIL PROCEDURE Number: PROC 124 Instructor: Professor Patrick Glenn (001) Term: Winter Language of Instruction: English Credits : 4 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. Prerequisites: None Seminar: No Method of Evaluation: Optional essay (33%) and Final Examination

McGill University – Faculty of Law Page 24 Course Offerings 2012-2013 (Revised January 4, 2013)

Section III : COMPLEMENTARY COURSES

McGill University – Faculty of Law Page 25 Course Offerings 2012-2013 (Revised January 4, 2013)

COMPLEMENTARY COURSES

FALL TERM

McGill University – Faculty of Law Page 26 Course Offerings 2012-2013 (Revised January 4, 2013)

FULL CREDIT WEIGHT: CIVIL LAW BASKET

COURSE TITLE: LAW OF PERSONS / DROIT DES PERSONNES Number: PRV2 270 Instructor: Me Alexandra Popovici* (003) Term: Fall Language of Instruction: Français Credits: 3 Description: Introduction au droit des personnes et aux principes fondamentaux qui le sous-tendent. Les thèmes du livre premier du Code civil du Québec que sont la jouissance et l’exercice des droits civils; les droits de la personnalité; l’état des personnes; la capacité des personnes; et, les personnes morales seront examinées de manière critique et historique. Certaines notions maîtresses feront l’objet d’un examen plus poussé, notamment les notions de sujet de droit, de capacité juridique et d’autonomie. Prerequisites: None Seminar: No Method of Evaluation: 10% participation, one 15% evaluation, one 25 % midterm and one 50% final take-home exam.

*Me Alexandra Popovici, B.A. (Montréal), B.C.L./LL.B. (McGill), Barreau du Québec, fait ses études supérieures à l’Université Laval sous la direction du doyen Sylvio Norman. Elle a été diretrice adjointe du Centre de recherche en droit privé et comparé du Québec et auxiliaire juridique auprès de l’honorable Yves-Marie Morissette de la Cour d’appel du Québec.

McGill University – Faculty of Law Page 27 Course Offerings 2012-2013 (Revised January 4, 2013)

FULL CREDIT WEIGHT: COMMON LAW BASKET

COURSE TITLE: EQUITY AND TRUSTS Number: PRV4 549 Instructor: Professor Lionel Smith (001) (009) Term: Fall Language of Instruction: English Credits: 3 Description: This course examines the common law trust, which is a mode of holding property. Topics will include the historical foundations of the trust as a creature of equity; the nature of the trust; its many applications in the modern world; the creation and conditions of validity of the trust; powers and obligations of trustees; breach of trust and its consequences; trusts arising by operation of law; and the termination of trusts. A theme underlying the whole course is the practical and theoretical implications of the juridical nature of the common law trust as a relationship with respect to property. Prerequisites: Common Law Property (obligatory) Seminar: No Method of Evaluation: A mix of participation, in-term work, and final examination.

HALF CREDIT WEIGHT IN EACH BASKET: THE TRANSSYSTEMICS

COURSE TITLE: BUSINESS ASSOCIATIONS Number: BUS2 365 Instructor: Me Jakub Adamski (001) Term: Fall Language of Instruction: English Credits: 4 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. Prerequisites: None Seminar: No Method of Evaluation: In-class exercises 25%; final examination 75%

McGill University – Faculty of Law Page 28 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: COMMERCIAL LAW Number: LAWG 200 Instructor: Me Jeffrey Edwards* (001) Term: Fall Language of Instruction: English Credits: 3 Description: The contract of sale in the Civil Law and Common Law traditions; nature and scope of the contract of sale; conditions of formation; sale of property of another; obligations of the seller, including delivery, quality, title; obligations of the buyer, transfer of title; product liability; comparative reference made to the rules of the U.N. Convention on the International Sale of Goods and to American U.C.C. rules. Prerequisites: None Seminar: No Method of Evaluation: Final examination for 100 % of the grade. Students also have the possibility to submit a paper on a subject to be agreed upon with the instructor. The paper will count for 40 % of the final grade. A student who submits a paper will be exempt from completing questions having a weight of 40 % on the final exam.

*B.C.L. (McGill), LL.B. (McGill), LL.D. (Laval). Member of the Bars of Quebec and Ontario. Me Jeffrey Edwards, Partner at the firm of Tutino Edwards Joseph, is one of the leading practitioners in Quebec in the law of product quality and defective workmanship and is the author of the reference book on the subject: La garantie de qualité du vendeur en droit québécois. He has written extensively on the law of sale, product liability, construction and real estate.

COURSE TITLE: EMPLOYMENT LAW/CONTRAT D’EMPLOI Number: LEEL 570 Instructor: Me François Longpré (003) (010) Term: Fall Language of Instruction: French Credits: 3 Description: Ce cours propose une approche pragmatique à l’étude du contrat individuel de travail, d’abord par l’analyse des dispositions pertinentes du Code civil du Québec et des enseignements de la Common Law. Nous étudierons ensuite les dispositions législatives portant sur les normes du travail, les lésions professionnelles et la santé et sécurité au travail et l’application des dispositions législatives concernant les droits de la personne dans le contexte du travail. Ce cours est complémentaire à celui en droit du travail. Prerequisites: None Seminar: No Method of Evaluation: Paper (25%), final exam (75%)

COURSE TITLE: EVIDENCE (CIVIL MATTERS) Number: LAWG 415 Instructor: Me D. Mitchell (001) Term: Fall Language of Instruction: English Credits: 3 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 McGill University – Faculty of Law Page 29 Course Offerings 2012-2013 (Revised January 4, 2013)

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. Prerequisites: None Seminar: No Method of Evaluation: TBD

COURSE TITLE: FAMILY LAW Number: LAWG 273 Instructor: Me Marie Christine Kirouack (001) (005) Term: Fall Language of Instruction: English Credits: 3 Description: Family law attempts to cram our most intimate relationships into the lawyer's lexicon of civil status, rights, and obligations. This course examines legal conceptions of the family and family relationships. In particular, it will study the civil status consequences of marriage and other intimate adult relationships, parent-child relationships, and relations between children and other parental figures. The course will examine how these issues are currently treated in different jurisdictions, setting contemporary regulation against historical treatments as well as empirical data on current family practices. Prerequisites: None Seminar: No Method of Evaluation: Two In class quizzes; Sit-down, open book final exam.

COURSE TITLE: MEDICAL LIABILITY Number: CMPL 522 Instructor: Professor Lara Khoury (001) (009) Term: Fall Language of Instruction: English Credits: 3 Description: Transsystemic and critical examination of medical liability issues, including doctor-hospital-patient relationship; medical duty of care, fault and causation; wrongful life, birth conception; informed consent and refusal of treatment; lack of resources; nosocomial infections and contaminated blood transfusions; interaction between law and science; no-fault approaches to liability and compensation. Prerequisites: None, but Contractual Obligations and Extra-contractual Obligations highly recommended. Seminar: No Method of Evaluation: Take-home examination, in-term report, participation, and optional paper. McGill University – Faculty of Law Page 30 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: PRIVATE INTERNATIONAL LAW Number: LAWG 316 Instructor: Professor Catherine Walsh (001) Term: Fall Language of Instruction: English Credits: 3 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. Seminar: No Method of Evaluation: Either 100 % final examination, or 60% final examination and 40% writing assignment at student's option; for students who elect the second mixed evaluation option, the best of the two grades achieved on both methods of evaluation will constitute the final grade.

COURSE TITLE: SECURED TRANSACTIONS Number: LAWG 400 Instructor: Professor Catherine Walsh (001) Term: Fall Language of Instruction: English Credits: 4 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. It will examine primarily security over movable property though 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 and to the relationship between debt and equity as modes of financing private business economic expansion. Prerequisites: Common Law Property Seminar: No Method of Evaluation: Either 100 % final examination, or 60% final examination and 40% writing assignment at student's option; for students who elect the second mixed evaluation option, the best of the two grades achieved on both methods of evaluation will constitute the final grade.

COMPLEMENTARY HUMAN RIGHTS AND SOCIAL DIVERSITY COURSES

McGill University – Faculty of Law Page 31 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: CANADIAN CHARTER OF RIGHTS AND FREEDOMS Number: PUB3 515

Instructor: Professor Colleen Sheppard (001)(009) Term: Fall Language of Instruction: English Credits: 3 Description: This course examines the Canadian Charter of Rights and Freedoms, drawing on international, comparative, theoretical and historical developments in human rights law. The course is intended to provide students with an opportunity to deepen their understanding of selected topics including: fundamental freedoms, liberty and security of the person; equality rights, social and economic rights, minority language rights, Aboriginal peoples and collective rights. Recommended: Canadian Constitutional Law Seminar: No Method of Evaluation: Written assignment and final examination

COURSE TITLE: CIVIL LIBERTIES Number: CMPL 573 Instructor: Me Pearl Eliadis (001) (009) Term: Fall Language of Instruction: English Credits: 3 Description: The course begins with an overview of the conceptual foundations of civil liberties and then tracks the development of civil and political rights in Canada from early case law in the 1940s to the 1960s, through to the civil rights movement, the emergence of anti- discrimination protections in human rights laws, the Charter and international human rights law. It then turns to key thematic issues: torture as a case study for the emergence of human rights and civil liberties; selected legal rights (right to be free from search and seizure; arbitrary detention); and basic freedoms (assembly, speech, religion). The extent to which civil liberties are actually available to groups that are vulnerable or experience discrimination is then analyzed: e,g, refugees and immigrants, racialized minorities, gays and lesbians and persons with disabilties. Finally, the course examines the state of civil liberties in the national security context. Prerequisites: Constitutional Law Seminar: No Method of Evaluation: Class participation (10%), oral presentation (15%) and a research paper (75%)

COURSE TITLE: INTERNATIONAL CRIMINAL LAW Number: PUB2 502 Instructor: Professor Frédéric Mégret (001)(009) Term: Fall Language of Instruction: English Credits: 3 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, McGill University – Faculty of Law Page 32 Course Offerings 2012-2013 (Revised January 4, 2013)

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 behind 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: Recommended Criminal Law and Public International Law Seminar: Yes Evaluation: Class assignments (50%); final exam (50%).

COURSE TITLE: DROIT INTERNATIONAL HUMANITAIRE Number: CMPL 565 Instructor: Professor Jean-Baptiste Jeangène Vilmer (003) (010) Term: Fall Language of Instruction: French Credits: 3 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. Recommended: Public International Law Seminar: Yes Method of Evaluation: Participation including two short critiques (25%), and a research essay (75%).

COURSE TITLE: PUBLIC INTERNATIONAL LAW Number: PUB2 105 Instructor: Professor Ram Jakhu (001) (005) Term: Fall Language of Instruction: English Credits: 3 Description: An introduction to fundamental and important topics in Public International Law (especially from Canadian perspective on International Law), including nature and sources; subjects; recognition, territory; state jurisdiction; nationality; state immunity; responsibility of states; national application of International law; legal control of force and the U.N. Charter; and settlement of international disputes Prerequisites: None Seminar: No Method of Evaluation: Examination (100%) (or 50% and paper 50%) McGill University – Faculty of Law Page 33 Course Offerings 2012-2013 (Revised January 4, 2013)

COMPLEMENTARY PRINCIPLES OF CANADIAN ADMINISTRATIVE LAW

COURSE TITLE: JUDICIAL REVIEW OF ADMININISTRATIVE ACTION Number: PUB2 401 Instructor: Me Alexander Pless (001) Term: Fall Language of Instruction: English Credits: 3 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 their shock-jock makes defamatory remarks? Does the Barreau need to give you a copy of your exam if you fail the Bar admission course? These are the problems of administrative law. This course examines the theory and practice of judicial review of administrative action. The theoretical questions are 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 concomitantly with this course, since the focus of that offering is the internal law developed by administrative agencies, and it is judicial review of this 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: None recommended Recommended: Administrative Process (or taken concurrently) Seminar: No Method of Evaluation: Option 1: 90% 3 hour, open-book final exam, 10% class participation (likely based on reading responses to be posted weekly on web-ct or contribution to wiki class notes). Option 2: 60% 3 hour, open-book final exam; 30% 6-7 page written assignment, 10% class participation (likely based on reading responses to be posted weekly on web-ct or contribution to wiki class notes).

COURSE TITLE: LABOUR LAW Number: LEEL 369 Instructor: Me Theodore Goloff (001) Term: Fall Language of Instruction: English (with extensive class participation Credits: 3 both in French and English) 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 occasional references to Ontario and other provincial developments. The course will include a close study of the human rights jurisprudence on the freedom of association and the freedom of expression, the interface between grievance arbitration and human rights adjudication, as well as challenges of economic globalization to existing labour regulatory McGill University – Faculty of Law Page 34 Course Offerings 2012-2013 (Revised January 4, 2013)

frameworks. This course is a companion 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: 15%; mandatory case comment: 25%; final examination: 60%.

COURSE TITLE: SECURITIES REGULATION Number: BUS2 504 Instructor: Me Eric Mendelsohn (001) (009) Term: Fall Language of Instruction: English Credits: 3 Description: After an introduction to the general structure of North America’s capital markets, this course will focus on the principal objectives and features of securities regulation in Canada, with appropriate references to other jurisdictions including the United States. Areas of particular attention will be the distribution of securities, mergers and acquisitions, disclosure obligations of public issuers and registration of market participants. Current initiatives to reform securities laws to keep pace with rapidly changing capital markets will be examined. Prerequisites: Business Associations is recommended, but not required. Seminar: No Method of Evaluation: Mid-term take home exam and final exam

OTHER COMPLEMENTARY COURSES

COURSE TITLE: ADVANCED MOOTING I: SUPREME COURT WORKSHOP and MONTREAL BAR PRIZE MOOT Number: PRAC 510 D1&D2 Term: Fall and Winter Instructor: Dean Daniel Jutras Credits: 3 Language of instruction: Bilingual Description: This workshop is intended to function as an internal competitive moot, with a particular focus on appellate advocacy in the Supreme Court of Canada. It will run over the course of the academic year 2012-13, and participants must be available in both terms. The instructor will select an actual case for which an appeal is lodged in the Supreme Court of Canada in the 2012-13 calendar. The workshop will follow the case as it progresses through the normal process at the Supreme Court, from the authorization to appeal, to written submissions, all the way to the oral argument before the Court. Actual documents for the case on appeal will be used. The workshop will be capped at 24 students, and participants will work in teams of four students each. The workshop participants will meet with the instructor every second week from September to November, and from January to March. The sessions will be devoted to the preparation of the different written and oral submissions listed below (under method of evaluation) but will also involve consideration of issues relevant to the Supreme Court of Canada as an McGill University – Faculty of Law Page 35 Course Offerings 2012-2013 (Revised January 4, 2013)

institution (process for appointment of judges, the role of dissents and plurality of opinions, empirical analysis of the Court’s work, bilingualism and bijuralism at the Court, access to justice, the Court and the media, etc). It is expected that the workshop will culminate at the end of the winter term with (i) a visit to the Supreme Court of Canada in Ottawa, ideally to hear the oral argument on the case that will be the object of the workshop and (ii) an internal competition for oral argument, with a final round presented before a bench of actual judges, in the context of the Montreal Bar Prize (to which monetary awards are attached). Prerequisites: Must have completed 2nd year Ethics and Appellate Advocacy The workshop is not open to graduate students. The workshop is not open to students who are registered in another competitive moot during the 2012-13 academic year. Seminar: No Method of Evaluation: Pass/Fail grading. Il y aura quatre composantes à l’évaluation. Le défaut de compléter l’une des composantes de l’évaluation se traduira par un échec. o Item 1 : Présence à au moins 75% des séances obligatoires (9 présences), sauf absence motivée par écrit, pour maladie seulement. o Item 2 : au choix - Rédaction d’un communiqué de presse et participation à une conférence de presse simulée comme avocat d’une partie - Participation à une conférence de presse simulée, comme journaliste et rédaction d’un article de vulgarisation juridique, au sujet du dossier, pour un grand quotidien national - Mémoire sur demande d’autorisation d’appel - Mémoire sur réplique à demande d’autorisation d’appel - Mémoire sur requête pour autorisation d’intervenir o Item 3 : rédaction d’un mémoire sur le fond, pour l’appelant ou l’intimé. o Item 4 : plaidoirie pour l’appelant ou l’intimé.

*Please note: This course counts for non-course credit.

COURSE TITLE: BANKING LAW Number: BUS2 531 Instructor: Me Marc Lemieux (001) (009) Term: Fall Language of Instruction: English Credits: 3 Description: This course focuses on the legal relationships that arise in payment transactions by way of paper instruments and electronic means, including cheques, drafts, letters of credit, credit, debit and prepaid cards and automated fund transfers. The course discusses the Bills of Exchange Act, the rules of the Canadian Payment association governing the clearing and settlement of certain payment items, the rules of the International Chamber of Commerce governing letters of credit, privacy, antitrust and consumer protection legislation, the contracts arising among the participants in payment transactions and the extra-contractual liability to which such participants may be exposed. Historically the business of payment was a subset of the business of banking. However the payment industry is becoming more and more autonomous with participants such as Pay Pal, Google and McGill University – Faculty of Law Page 36 Course Offerings 2012-2013 (Revised January 4, 2013)

Facebook and many other non-bank entrants. The course considers recent developments in the regulatory framework for payments and the future governance of the payment industry in light of the recommendations of the Task Force for the Payment System Review in the Spring of 2012. The course approaches the subject matter from a practical and trans-systemic point of view. Prerequisites: None Seminar: No Method of Evaluation: Mid-term assignment and final examination

COURSE TITLE: CIVIL LITIGATION WORKSHOP Number: PROC 459 Instructor: Me James A. Woods* Term: Fall (with Me Sarah Woods**)(001) Credits: 3 Language of Instruction: English and French Description: The course is designed to provide both the technical and practical tools necessary to 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 full day long simulated trial. Prerequisites: None Seminar: No Method of Evaluation: Practical exercises and simulations

*James A. Woods is the Principal partner of the firm Woods LLP, experienced in civil, corporate and commercial litigation. Author of Cases and Materials in Civil Procedure (Carswell 1987) and numerous articles and papers, including "When a class action may be brought: The balance between efficiency and fairness" (2001) Vol. 5.1, 278, Corporate Litigation. Member of the Panel of Arbitrators of the American Arbitration Association; Fellow of the CIA. Member MBA, CBA, QBA, LSUC, ABA, IBA, ATLA and CACNIQ. Mtre. Woods was called to the Bars of Québec in 1976 and Ontario in 1979. ** Sarah Woods graduated from the Faculty in 2003. She is an associate with Woods & Partners LLP in Montréal.

COURSE TITLE: COMPARATIVE MEDICAL LAW Number: CMPL 551 Instructor: Professor Somerville (001) (009) Term: Fall Language of Instruction: English Credits: 2 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 McGill University – Faculty of Law Page 37 Course Offerings 2012-2013 (Revised January 4, 2013)

area which can be dealt with simply from a legal basis. Prerequisites: Completion of at least 1st year law studies Seminar: Yes Method of Evaluation: Seminar presentation / class participation / term paper

COURSE TITLE: CORPORATE FINANCE Number: BUS2 505 Instructor: Me Marc Barbeau (001) (009) Term: Fall Language of Instruction: English Credits: 3 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 Seminar: No Method of Evaluation: Participation and take-home examination (24 hours)

COURSE TITLE: CORPORATE TAXATION Number: PUB2 517 Instructor: Me Robert Raizenne (001) (009) Term: Fall Language of Instruction: English Credits: 3 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 Seminar: No Method of Evaluation: TBD

COURSE TITLE: CRIMINAL PROCEDURE Number: PUB2 422 Instructor: Professor Alana Klein (001) Term: Fall Language of Instruction: English Credits: 3 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 McGill University – Faculty of Law Page 38 Course Offerings 2012-2013 (Revised January 4, 2013)

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 Recommended: Evidence (Civil Matters) or Evidence (Criminal Matters) Seminar: No Method of Evaluation: In-term assignments: 30%; final examination: 70%.

COURSE TITLE: EUROPEAN UNION LAW I Number: CMPL 536 Instructor: Professor Armand de Mestral (001) (009) Term: Fall Language of Instruction: English Credits: 3 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. Recommended: Public International Law Seminar: No Method of Evaluation: Optional paper (33.3%) and final exam

COURSE TITLE: INTELLECTUAL AND INDUSTRIAL PROPERTY PROPRIÉTÉ INTELLECTUELLE Number: BUS2 502 Instructor: Professor David Lametti (001) (009) Term: Fall Language of Instruction: English Credits: 3 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 Seminar: No Method of Evaluation: Final Exam and other in-term assessments

COURSE TITLE: INTERNATIONAL ENVIRONMENTAL LAW & POLITICS Number: CMPL 546 Instructor: Professor Jaye Ellis (001)(009) Term: Fall Language of Instruction: English Credits: 3 McGill University – Faculty of Law Page 39 Course Offerings 2012-2013 (Revised January 4, 2013)

Description: Examination of institutions and processes for international environmental protection. Consideration of means for advancing international cooperation, focusing on international environmental law. Analysis of obstacles to applying international law to environmental problems. Consideration of law as a social institution: how it evolves and how it influences the behaviour of environmental actors. Prerequisites: None Seminar: No Method of Evaluation: Written assignments and participation

COURSE TITLE: LAW AND PRACTICE OF INTERNATIONAL TRADE Number: CMPL 543 Instructor: Professor Andrea Bjorklund (001) (009) Term: Fall Language of Instruction: English Credits: 3 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 be principally devoted to the study of the law governing international trade in goods and services (primarily focusing on the World Trade Organization Agreements and major regional trade agreements). Domestic trade law remedies as well as the international protection of foreign investments will also be considered. Attention will especially 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: None. (Public International Law recommended.) Seminar: No Method of Evaluation: Written assignments and final exam

COURSE TITLE: RESOLUTION OF INTERNATIONAL DISPUTES Number: CMPL 533 Instructor: Professor Fabien Gélinas (001) (009) Term: Fall Language of Instruction: English Credits: 3 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: Recommended: Public International Law, Private International Law Seminar: Yes Method of Evaluation: BCL/LLB: Participation, paper LLM: Participation, with class presentation, paper/oral exam option

McGill University – Faculty of Law Page 40 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: ROMAN LAW Number: CMPL 510 Instructor: Professor Helge Dedek (001) (009) Term: Fall Language of Instruction: English Credits: 3 Description: Roman Law is the intellectual foundation of the Western legal tradition. In this course, we will study Roman Law as a cultural phenomenon. How is it possible that the legal order of an archaic society had such a lasting impact that still can be felt in modern law? We will shed some light on the origins, the structure and the content of classical Roman Law and explore the tension between archaic rudiments and growing technical refinement. In this context, we will work with primary sources (in translation) and see that some of the Roman sources are timeless examples of legal reasoning and of what it means "to think like a lawyer". We will then study the process of the reception of Roman Law in Europe as a process that is closely linked to the emergence and development of academic legal education, a process that has shaped the way the Western legal tradition conceptualizes "law" as an exercise in rationality. Prerequisites: None Seminar: No Method of Evaluation: In-term assignments (short reaction papers); final paper.

COURSE TITLE: SPECIALIZED TOPICS IN LAW 1 Number: LAWG 511 (Images and the Law) Term: Fall Instructor: Professor Desmond Manderson (001) (009) Credits: 1 Language of Instruction: English Description: It is a puzzle why we seem to turn a blind eye to how law is imagines, represented, and challenged in other cultural forms. Very little attention has yet to be paid, for example, to law as it is represented or constituted in images. Law imagines itself to be resolutely hermetic, textual and linguistic. Yet our cultures are saturated in the images and icons of art – privileged forms for the transmission and interrogation of social and institutional norms for millennia. And visual media and mediations increasingly dominate our experience in the 21st century. The lawyers and jurists of the suture will have to be sophisticated viewers and critics of all sorts of visual discourses. The course takes a first step at understanding important historical and conceptual aspects of law from just that point of view. Prerequisites: None Seminar: Yes Method of Evaluation: Class participation (15%), Essay (85%)

COURSE TITLE: SPECIALIZED TOPICS IN LAW 3 Number: LAWG 513 (Special Topics in Taxation-A Practical Approach) Term: Fall Instructor: Professor Raich (001) (009) Credits: 2 Language of Instruction: English Description: This course takes a practical approach to various issues in tax and more specifically explores some key areas in tax planning. A broad range of topics will be discussed from leading tax practitioners. Topics addressed include corporate tax planning, international tax planning, personal tax planning including estate planning, family tax planning, and the implications McGill University – Faculty of Law Page 41 Course Offerings 2012-2013 (Revised January 4, 2013)

of anti-avoidance rules. Students will be exposed to some of the legislative nuances of the Income Tax Act as well as to the administrative practices of the Canada Revenue Agency. Prerequisites: Income Taxation, Business Associations, and one of Corporate Taxation, International Taxation, or Estate Planning Seminar: Yes Method of Evaluation: Participation (25%), Final examination (75%)

COURSE TITLE: SPECIALIZED TOPICS IN LAW 4 (Comparative Corporate Governance) Number: LAWG 514 Term: Fall Instructor: Professor Robert Yalden (001) (009) Credits: 2 Language of Instruction: English Description: This course will examine selected issues in corporate and securities law in order to probe the theories of the firm and public policy objectives that shape Canadian corporate and securities law. Consideration will be given both to the law and economics movement and to alternate approaches to how best to structure a business law framework in a contemporary capitalist economy. The course will compare the approach taken in Canada with that in several other countries. Topics will include fiduciary duties, current issues in corporate governance, defensive tactics in take-over bids and the role of courts and securities commissions in regulating corporate conduct. Pre-requisite: Business Associations Recommended: Intellectual and Industrial Property Seminar: Yes Method of Evaluation: Essay (75%); participation and presentation (25%)

COURSE TITLE: SPECIALIZED TOPICS IN LAW 5 (Legal Anthropology-Centaur Jurisprudence) Number: LAWG 515 Term: Fall Instructor: Professor René Provost (001) (009) Credits: 2 Language of Instruction: English Description: What do law and anthropology have to learn from each other as disciplines? Is the creation a sub-discipline called legal anthropology aiming to fashion a truly hybrid idea of law, a centaur jurisprudence? We will reflect upon the way in which culture is constructed as a concept by law and anthropology in a variety of formal and informal settings. We will also apply the idea of culture to legal discourse itself, and assess the extent to which the concept of law can be expressed in a cross-cultural manner and support a shared normative order. Prerequisites: None Seminar: Yes Method of Evaluation: Paper and participation

McGill University – Faculty of Law Page 42 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: SPECIALIZED TOPICS IN LAW 6 (Law, Literature and Migration) Number: LAWG 516D1&D2 Term: Fall and Winter* Instructor: Professor François Crépeau (001) (009) Credits: 3 Language of Instruction: English and French Description: This seminar is designed to examine migrant places—places of border-transgression, places of representation, places of enunciation—insofar as these are “receptacles of suffering” (see Kaës 1998), since the subject that we will be interested in examining during these two semesters is the dispossessed: that is, the subject who must move without ceasing, not by choice or because of an upwardly-mobile dynamic, but because the subject finds its access to a legitimate place cruelly blocked. Prerequisites: None Seminar: Yes Method of Evaluation: Individual and class participation (10%); Group presentation (25%); Presentation on research paper topic (15%); Individual research paper (50%).

* Please note: This course will be offered on a bi-weekly basis throughout the year.

COURSE TITLE: SPECIALIZED TOPICS IN LAW 7 (Interprétation juridique) Number: LAWG 517 Term: Fall Instructor: Professor Frédéric Bachand (003) (010) Credits: 3 Language of Instruction: French 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. Seminar: No Method of Evaluation: Participation and Final Exam.

COURSE TITLE: SPECIALIZED TOPICS IN LAW 8 (Comparative Food Law) Number: LAWG 518 Term: Fall Instructor: Prof. Yaw Nyampong (002) (011) Credits: 3 Language of Instruction: English Description: This course aims at providing an introduction to food law through a comparative analysis of how the production, processing, transportation, storage and marketing of food are regulated in a selected number of countries. The increasing globalization of food trade and the harmonization of food standards and food safety measures across national borders have led to McGill University – Faculty of Law Page 43 Course Offerings 2012-2013 (Revised January 4, 2013)

significant changes in international and national regulatory frameworks for food. Recent dramatic episodes of food borne disease accidents and outbreaks have raised concerns about the effectiveness of current food control systems in protecting consumers and have sparked increased attention to the regulatory frameworks that govern food safety and food trade. Food policies are also expanding to take account not only of food safety and food security but also nutrition and the human right to food. Yet, food law has emerged as a discrete subject of study only in recent years. In comparing the regulatory frameworks which have been developed to regulate food products in Europe and North America, this course will explore the social, economic and technological undercurrents that have driven (and continue to influence) the development and transformation of food law over the last few decades. Specific topics to be covered include: the historical development of food law; international dimensions of food law; different regulatory approaches for controlling food risks at the national level; the consumers’ right to be informed (labeling, health claims, nutritional information); certification marks and geographical indications; the relationship between law, technology and food production; the increasing privatization of food controls through the expanding role of certifications; the control of alcohol consumption; and, the fight against obesity. Prerequisites: None Seminar: Yes Method of Evaluation: Participation (25%), Term paper (75%). Class participation will be determined by: 1. Regular attendance in class; 2. Active participation in class discussions; 3. Seminar presentation on the basis of assigned readings.

COURSE TITLE: SPECIALIZED TOPICS IN LAW 8 (Anatomy of a murder trial) Number: LAWG 518 Term: Fall Instructor: Justice Carol Cohen (001) Credits: 3 Language of Instruction: English* 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 and excusing jurors during trial - the voir dire (before and during the trial) - questions of procedure and trial process - hearsay and other evidentiary issues

There will be guest speakers, including lawyers and other judges. Recommended: All students registering for this seminar 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. Seminar: Yes Method of evaluation: 10% class participation, 50% for a paper dealing in depth with one of McGill University – Faculty of Law Page 44 Course Offerings 2012-2013 (Revised January 4, 2013)

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 (from students and guests) will be in French only.

COURSE TITLE: SPECIALIZED TOPICS IN LAW 13 (Refugee Law) Number: LAWG 532 Instructor: Professor Evan Fox-Decent (001)(009) Term: Fall* Language of Instruction: English Credits: 2 Description: This will be an intensive seminar on the theory behind and practice of refugee law. While we will spend some time on Canada’s refugee system, considerable time will also be spent discussing the theoretical justification of refugee law, and its connection to international law. Prerequisites: None Seminar: Yes Method of Evaluation: TBA *Please note: This course will begin on October 12, 2012.

COURSE TITLE: SPECIALIZED TOPICS IN LAW 16 (Human Rights Internship – Critical engagement with Discourse of Human Rights)* Number: LAWG 535 Instructor: Professor Nandini Ramanujam Term: Fall Language of Instruction: English Credits: 3 Description: The goal of this seminar is to create a space for students returning from human rights internship field placement, to critically reflect on their work and connect it to the board concepts and critical theories related to human rights. The seminar will be built upon the brief pre- departure session which briefly explored challenges of connecting critical approaches to human rights with the practical work on the ground. The seminar which would heavily draw upon the student experiences, and case studies presented by them, would explore theoretical, ethical and strategic issues related to human rights work. The first half of the course will consist of review of carefully selected literature on discourses in Human rights advocacy and activism, and on research methodology specific to human rights work such as fact finding, monitoring and reporting, grass roots mobilization, media engagement. The second half of the course is envisaged a writing workshop which would be structured on a peer review model and would lead up to the writing of the term paper.

Prerequisites: Human Rights Internship field placement Seminar: Yes McGill University – Faculty of Law Page 45 Course Offerings 2012-2013 (Revised January 4, 2013)

Method of Evaluation : The final grade will be based upon a final paper on a theme linked to the Internship (75%), and class participation (25%) *Students who register in the course must have completed the International Human Rights Internship, unless permission is granted by the instructor.

COURSE TITLE: SPECIALIZED TOPICS IN LAW 17 (Rethinking International Law) Number: LAWG 536 Instructor: Dr. Mohsen al Attar (001)(009) Term: Fall Language of Instruction: English Credits: 3 Description: In this course, we will ink geopolitics to international law, with the aim of evaluating legal, illegal, and extra-legal activities and the role of the international legal regime in mediating the interplay between them. We will consider the place of geopolitics in justifying (or de-legitimising) state conduct, often in defiance of international legal obligations and consistently to the detriment of military weaker societies. We will conclude with a comparative analysis of legitimacy standards in international law and the place of public participation in possible legal reformation. This course aims to deepen students’ understanding of this field of law and to enrich their capacity for critical analysis. Prerequisites: Public International Law Seminar: No Method of Evaluation: In-term assignments (60%) and a group take-home exam (40%).

COURSE TITLE: SPECIALIZED TOPICS IN LAW 18 (Political Law) Number: LAWG 537 Instructor: Gregory Tardi (001) (009) Term: Fall Language of Instruction: English Credits: 3 Description: Political law is the interdisciplinary study of the role of law in statecraft. This course deals with law in the milieu of its interaction with public administration and politics, and of its evolution through the constant three-way dialogue among the legislature, the executive and the courts. In complement to traditional courses on constitutional law that emphasize the rule of law, federalism and the protection of human rights, and those on administrative law which focus on judicial review, the essence of this study is on the role of law in the conduct of public affairs. The emphasis in this year’s version of the course will be on Parliament and accountability to law. Prerequisites: Required: Constitutional Law; Recommended: Administrative Law Seminar: Yes Method of Evaluation: 75% final paper, 15% participation, 10% lessons-learned paper

McGill University – Faculty of Law Page 46 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: TAX POLICY Number: PUB2 515 Instructor: Professor Allison Christians (001) (009) Term: Fall Language of Instruction: English Credits: 3 Description: This course examines the foundations of tax policy in Canada and around the world, with a focus on both classical and contemporary writing. The course will integrate a colloquium with invited speakers, who will present works in progress on current issues of national and international tax policy. Prerequisites: Taxation Seminar: Yes Method of Evaluation: Weekly papers

COURSE TITLE: TAXATION Number: PUB2 313 Instructor: Me Claudette Allard* (001) Term: Fall Language of Instruction: English Credits: 4 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. Prerequisites: None Seminar: No Method of Evaluation: TBD

*Claudette Allard obtained a B.C.L. and LL.B. from McGill University in 1982 and is a member of the Quebec Bar and the Law Society of Upper Canada. She was, before her retirement in 2011, a partner with the business law section of Fasken Martineau DuMoulin LLP specializing in mergers and acquisitions and private financing, with a background in tax law. She is the author or co-author of several publications in the field of tax law.

McGill University – Faculty of Law Page 47 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: THEORIES OF JUSTICE Number: CMPL 512 Instructor: Prof. Daniel Weinstock (001) (009) Term: Fall Language of Instruction: English Credits: 3 Description: The theory of distributive justice has been one of the most dynamic fields in political theory in recent years. The seminar will provide students with an in depth survey of major trends in post-Rawlsian analytic political philosophy, focusing on the three central questions around which debates in distributive justice are structured: What principles ought to guide us in determining whether a society is distributively just? What are the goods that should be at the center of the focus of theories of distributive justice? What patterns of distribution are most justified from an egalitarian point of view? Among the authors we will be considering: Amartya Sen, G.A. Cohen, Derek Parfit, Debra Satz, John Tomasi, Philippe Van Parijs, and others. Prerequisites: None Seminar: Yes Method of Evaluation: Three take-home assignments

McGill University – Faculty of Law Page 48 Course Offerings 2012-2013 (Revised January 4, 2013)

COMPLEMENTARY COURSES:

WINTER TERM

McGill University – Faculty of Law Page 49 Course Offerings 2012-2013 (Revised January 4, 2013)

FULL CREDIT WEIGHT: CIVIL LAW BASKET

Course Title: SUCCESSIONS Number: PRV1 555 Instructor: Me Marilyn Piccini Roy (001) (009) Term: Winter Language: English Credits: 3 Description: This course will examine the gratuitous transmission of property in the civil law by means of the institutions of inheritance and inter vivos giving, with comparative views on the common law. This topic is extensive and highly technical and will focus on successions, gifts inter vivos and mortis causa, substitutions and trusts. By means of lectures, the reading of case law and doctrine, students will be given the tools necessary to understand the many facets of liberalities. Emphasis will be given to the law of successions, both from a theoretical as well as a practical perspective. Prerequisites: None Seminar: No Method of Evaluation: Mid-term (25%); Final examination (75%)

FULL CREDIT WEIGHT: COMMON LAW BASKET

COURSE TITLE: ADVANCED TORTS Number: PRV5 582 Instructor: Professor Margaret Somerville (001) (009) Term: Winter Language of Instruction: English Credits: 2 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 Seminar: Yes Method of Evaluation: Seminar presentation / class participation / term paper McGill University – Faculty of Law Page 50 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: RESTITUTION Number: PRV4 500 Instructors: Professor Ryan Rabinovitch (001) (009) Term: Winter Language of Instruction: English Credits: 3 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 Seminar: No Method of Evaluation: Participation (25%), final exam (75%)

HALF CREDIT WEIGHT IN EACH BASKET: THE TRANSSYSTEMICS

COURSE TITLE: BUSINESS ASSOCIATIONS Number: BUS2 365 Instructor: Professor Victor Muniz-Fratecelli (001) Term: Winter Language of Instruction: English Credits: 4 Description: An introduction to agency or mandate, partnership and co- operatives. The nature of corporate personality; the two systems of incorporation; constitutional problems; the raising and maintenance of a company's capital; the organs of the company; and protection of investors and minority shareholders will all be explored. Prerequisites: None Seminar: No Method of Evaluation: up to 75% in-term exercises and up to 75% final exam

COURSE TITLE: EMPLOYMENT LAW Number: LEEL 570 Instructor: Me Theodore Goloff (001) (009) Term: Winter Language of Instruction: English (with extensive reading in Credits: 3 French and class participation in French and English) Description: This course provides a transsystemic study of the individual McGill University – Faculty of Law Page 51 Course Offerings 2012-2013 (Revised January 4, 2013)

employment relationship. It situates the contract of employment in historical context, considers the impact of relational approaches to law, and explores the interface between codal reform, protective statutory regimes and human rights law on employment law and practice. Contemporary paradigms of the employment relationship will be tested in relations to courts’. This course is a companion to Labour Law. Prerequisites: None Seminar: No Method of Evaluation: TBD

COURSE TITLE: EVIDENCE (CIVIL MATTERS) Number: LAWG 415 Instructor: Me D. Grossman (001) Term: Winter Language of Instruction: English Credits: 3 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. Prerequisites: None Seminar: No Method of Evaluation: In-term assessment and 48-hour take home examination

COURSE TITLE: EVIDENCE (CIVIL MATTERS) PREUVE CIVILE Number: LAWG 415 Term: Winter Instructor: Me Patrick Ferland (003) Credits: 3 Language of Instruction: Français 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. Prerequisites: None Seminar: No Method of Evaluation: Take-home paper (30%) and final examination (70%) McGill University – Faculty of Law Page 52 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: FAMILY LAW DROIT DE LA FAMILLE Number: LAWG 273 Instructor: Me Régine Tremblay (003) (006) Term: Winter Language of Instruction: French Credits: 3 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. Prerequisites: None Seminar: No Method of Evaluation: Court travail de réflexion théorique (25%); Compte-rendu écrit pour une classe et participation (25%); Examen final de type sit down (50%).

COURSE TITLE: PRIVATE INTERNATIONAL LAW / Number: LAWG 316 DROIT INTERNATIONAL PRIVÉ Term: Winter Instructor: Professor Geneviève Saumier (003) Credits: 3 Language of Instruction: French 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 Seminar: No Method of Evaluation: Travaux pratiques durant le semestre et examen final

COURSE TITLE: SECURED TRANSACTIONS/ Number: LAWG 400 DROIT DES SÛRETÉS Instructor: Professor Yaëll Emerich (003) Term: Winter Language of Instruction: French Credits: 4 Description: Ce cours vise à étudier les diverses techniques par lesquelles les créanciers peuvent garantir l’exécution d’une obligation qui leur est due par leur débiteur. Il traite McGill University – Faculty of Law Page 53 Course Offerings 2012-2013 (Revised January 4, 2013)

des sûretés mobilières et immobilières tant en droit civil qu’en common law, ainsi que d’autres mécanismes juridiques tels que la vente à tempérament et la fiducie-sûreté. Le cours aborde principalement le régime législatif des hypothèques sur les meubles et les immeubles (CCQ) ainsi que les sûretés mobilières (PPSA). Une introduction sommaire au mortgage sera faite. Prerequisites: Common Law Property Seminar: No Method of Evaluation: 75% ou 100% de la note finale (au choix de l’étudiant). Travail optionnel : 25% de la note finale si remis.

COMPLEMENTARY HUMAN RIGHTS AND SOCIAL DIVERSITY COURSES

COURSE TITLE: INTERNATIONAL LAW OF HUMAN RIGHTS Number: CMPL 571 Instructor: Professor Frédéric Mégret (001) (009) Term: Winter Language of Instruction: English Credits: 3 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 regime. It 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). Recommended: Public International Law Seminar: No Method of Evaluation: Class presentations and papers (50%); final exam (50%).

COURSE TITLE: LAW AND POVERTY Number: LEEL 582 Instructor: Professor Alana Klein (001) (009) Term: Winter Mr. Lee Black (Teaching Fellow) Language of Instruction: English Credits: 3 McGill University – Faculty of Law Page 54 Course Offerings 2012-2013 (Revised January 4, 2013)

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: Constitutional Law Recommended Criminal Law; Administrative Law; International Law Seminar: Yes Method of Evaluation: In-term assignments (50%), final exam (50%)

COURSE TITLE: PUBLIC INTERNATIONAL LAW DROIT INTERNATIONAL PUBLIC Number: PUB2 105 Instructor: Idil Atak (003) (006) Term: Winter Language of Instruction: French Credits: 3 Description: An introduction to fundamental and important topics in Public International Law (especially from Canadian perspective on International Law), including nature and sources; subjects; recognition, territory and acquisition of territory; state jurisdiction; law of the sea; nationality; state immunity; responsibility of states; interpretation of treaties; international human rights; legal control of force and aspects of the U.N. Charter; and settlement of international disputes. Prerequisites: None Seminar: No Method of Evaluation: Examination (100%) (or 70% and optional paper 30%)

COMPLEMENTARY PRINCIPLES OF CANADIAN ADMINISTRATIVE LAW

COURSE TITLE: THE ADMINISTRATIVE PROCESS Number: PUB2 400 Instructor: Professor Hoi Kong (001) (005) Term: Winter Language of Instruction: English Credits: 3 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 McGill University – Faculty of Law Page 55 Course Offerings 2012-2013 (Revised January 4, 2013)

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. Prerequisites: None Seminar: No, although the class will be taught using a combination of lectures, classroom discussions, documentary analysis, problem-solving and drafting exercises. Method of Evaluation: Class-room participation and preparation; in-term group assignments; final examination

COURSE TITLE: BANKRUPTCY Number: BUS1 432 Instructor: Me Kenneth Atlas* (001) Term: Winter Language of Instruction: English Credits: 3 Description: Canadian federal bankruptcy and insolvency laws, including the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act. Purpose of bankruptcy and insolvency laws. Voluntary and involuntary bankruptcy. Nature of claims provable in bankruptcy. Priorities. Workouts and corporate restructuring, both as an alternative to and using insolvency laws. Effects on creditors, property, individual bankrupts. Avoidance powers. Discharges from bankruptcy. Current events and implications. Recommended: Secured Transactions (not required) Seminar: No Method of Evaluation: TBD * Me Kenneth S. Atlas, McGill BCL, LLB 1980, Quebec Bar 1981, Ontario Bar 1988, partner of Borden Ladner Gervais LLP and national leader of its Financial Services Group, with a practice focused on corporate banking and bankruptcy and insolvency; Adjunct Professor, McGill, Faculty of Management 1982-1994, Faculty of Law since 1985.

COURSE TITLE: CANADIAN LEGAL HISTORY Number: CMPL 547 Instructor: Prof. Helge Dedek (001) (009) Term: Winter Charles Hoffman (DCL Candidate) Language of Instruction: English Credits: 3 Description: This course introduces students to the methodology of reading, writing and researching Canadian legal history. Canadian legal historiography will be introduced through the following specialized topics: the methodology of writing Canadian legal history; industrialization and the birth of the administrative state; legal professionalization and education; crime and public disorder; and women’s legal history. This survey of the history of Canadian law emphasizes the cultural history of law and the legal history of Canadian society. Students will then write a paper that will require them to conduct historical research using both McGill University – Faculty of Law Page 56 Course Offerings 2012-2013 (Revised January 4, 2013)

primary sources and secondary literature. Class participation will include a peer review session of student papers, presentations on the readings and a written reflection on the readings. Prerequisites: None Seminar: Yes Method of Evaluation: In-term assignment, presentation, and final paper.

COURSE TITLE: COMMUNICATIONS LAW Number: CMPL 577 Instructor: Dr. Sunny Handa (001)(009) Term: Winter Language of Instruction: English Credits: 3 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. Prerequisites: None Seminar: Yes Method of Evaluation: Class participation: 25%, Formal presentation (includes a written component): 25%, Written paper: 30% and Quizzes 20 %.

COURSE TITLE: ENVIRONMENT AND THE LAW Number: CMPL 580 Instructor: Professor Katia Opalka (001) (009) Term: Winter Language of Instruction: English and French Credits: 3 Description: 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, I will explain how subjects are compartmentalized for the purpose of decision-making and regulation. A mid-term exam worth 40% of the course grade will verify that the basics have been learned and understood. The second half of the semester will be thematic. Readings will focus on environmental law but will cover the entire spectrum from humans independent of nature to nature independent of humans: corporations, markets, advertising, policy, politics, gender, population, geo- engineering, biology, chemistry, etc. Oral presentations will be delivered throughout the second half of the semester, with papers due on the last day of class. A short final exam will verify understanding of readings and material delivered in oral presentations. After completing this course (and constitutional, contracts, torts, criminal, evidence, judicial review, municipal, public international, private international, commercial transactions, insurance, contract drafting and tax, McGill University – Faculty of Law Page 57 Course Offerings 2012-2013 (Revised January 4, 2013)

to name but a few!) students will be ready to begin the practice of environmental law at a law firm and/or to make enlightened decisions about pursuing further studies in this vast field. Prerequisites: None Seminar: No Method of Evaluation: Mid-term (40%), Paper (25%), Oral presentation (15%), Final exam (20%)

COURSE TITLE: GOVERNMENT CONTROL OF BUSINESS Number: CMPL 574 Instructor: Professor Constanze Semmelmann (001) (009)Term: Winter Language of Instruction: English Credits: 3 Description: The overall objective of this course is to analyze the history and evolution of the concept of competition in various jurisdictions and its relationship to the public interest with particular emphasis on the Canadian, US and EU competition law. Against this backdrop, we will take a closer look at the design of antitrust law, the law prohibiting unilateral anticompetitive conduct, merger control and the control of state subsidies. Moreover, the course will throw light upon how administrative, criminal and private competition law enforcement work and interact in various jurisdictions. Throughout the entire course, we will devote some attention to the question of how transnational situations are dealt with (extraterritorial application, effects- doctrine, institutional cooperation, competition law networks or (regional) harmonization of the law). Therefore, we will inquire to what extent the convergence of various elements of competition law justifies a renewed attempt to create a truly transnational competition law for global markets that would complement the existing regimes of trade liberalization that address public power. Recommended: None Seminar: No Method of Evaluation: Assignment and optional exam

COURSE TITLE: JUDICIAL REVIEW OF ADMININISTRATIVE ACTION Number: PUB2 401 Instructor: Professor Evan Fox-Decent (001) Term: Winter Language of Instruction: English Credits: 3 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 their shock-jock makes defamatory remarks? Does the Barreau need to give you a copy of your exam if you fail the Bar admission course? These are the problems of administrative law. This course examines the theory and practice of judicial review of administrative action. The theoretical questions are 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 concomitantly with this course, since the focus of that offering is the internal law developed by administrative agencies, and it is judicial review of this law and its outcomes that comprises the subject matter of the present course. Note McGill University – Faculty of Law Page 58 Course Offerings 2012-2013 (Revised January 4, 2013)

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 (or can be taken concurrently) Seminar: No Method of Evaluation: TBA

OTHER COMPLEMENTARY COURSES

COURSE TITLE: ADVANCED CRIMINAL LAW Number: PUB2 501 Instructors: Justice Patrick Healy (001) (009) Term: Winter (Me Robert Israel and Me Carolyne Paquin) Language of Instruction: English Credits: 3 Description: The course will examine current topics in all areas of criminal law. Prerequisites: Criminal Law Seminar: No Method of Evaluation: TBD

COURSE TITLE: COMPLEX LEGAL TRANSACTIONS 1 Number: LAWG 500 Instructor: Me Sadeka Hedaraly (001) (009) Term: Winter Language of Instruction: English with some French readings Credits: 3 Description: This course takes a practical look at the technical legal issues and key drafting issues associated with commercial transactions. In doing so, it will discuss and review the general principles of contracts, mechanisms allowing two or more companies to collaborate in view of obtaining specific contracts, due diligence, pre-contractual documents such as Memorandum of Understanding (or Letter of Intention), Confidentiality Agreements and Exclusivity Agreements, contract negotiations and contract drafting with an emphasis on specific terms and conditions of importance (such as force majeure, terms of payment, warranty clauses, liquidated damages, termination, choice of law, choice of dispute settlement mechanism, etc.). It will also review some of the financing arrangements common to these transactions such as financing by financial institutions and asset based financing. Finally, in any commercial transactions, a legal opinion is usually required to obtain a clear picture of the relevant matters of local law, and, as such, this course will briefly review the drafting and issuance of such legal opinions.

This course will combine seminar and workshop style teaching methods in order to expose students to complex corporate and commercial transactions. It will draw upon a number of different fields of law and will require students to apply a range of substantive and other skills (such as negotiation) in order to navigate through various exercises.

The orientation of the course is practical and is designed for students who wish to become McGill University – Faculty of Law Page 59 Course Offerings 2012-2013 (Revised January 4, 2013)

practitioners whether as attorneys in law firms or legal counsel in banks or large corporations. As such, students are expected to actively participate as significant portions of this course will be hands on. Prerequisites: None Seminar: No Method of Evaluation: Mid-term examination and final examination

COURSE TITLE: EVIDENCE (CRIMINAL MATTERS) Number: LAWG 426 Instructor: Professor Alana Klein (001) Term: Winter Language of Instruction: English Credits: 3 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. Recommended: Criminal Procedure; Evidence (Civil Matters) Seminar: No Method of Evaluation: In-term assignments: 30%; final examination: 70%

COURSE TITLE: EXTRAJUDICIAL DISPUTE RESOLUTION

Number: CMPL 568 Instructor: Professor Frédéric Bachand (001)(009) Term: Winter Language of Instruction: English Credits: 3 Description: This is a transsystemic 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 negotiation, mediation/conciliation and arbitration through which the majority of civil and commercial disputes are nowadays resolved in common law as well as in civil law jurisdictions. Selected topics will be emphasized, such as 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 Seminar: Yes Method of Evaluation: Class participation (25%); final take-home examination (75%)

COURSE TITLE: INTELLECTUAL AND INDUSTRIAL PROPERTY Number: BUS2 502 PROPRIÉTÉ INTELLECTUELLE Instructor: Professor Pierre Emmanuel Moyse (003) (010) Term: Winter Credits: 3 Language of Instruction: Français McGill University – Faculty of Law Page 60 Course Offerings 2012-2013 (Revised January 4, 2013)

Description: Introductory course in intellectual property law with an emphasis on trademark and copyright law. It also provides basic coverage of patent law. The course focuses on the interface and tensions between commercial & competition law and the special regimes prescribed by intellectual property statutory laws. The course reflects upon the notion of monopoly in a technologically-driven but increasingly non-egalitarian society, providing an open forum to discuss culture, access to culture, technology, progress and innovation. Prerequisites: Civil Law Property Seminar: No Method of Evaluation: 25% mid-term assignment and 75% final.

COURSE TITLE: INTERNATIONAL TAXATION Number: CMPL 539 Instructor: Professor Allison Christians (001) (009) Term: Winter Language of Instruction: English Credits: 3 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 Seminar: No Method of Evaluation: mid-semester paper (choice of topic) and final paper (directed topic)

COURSE TITLE: JURISPRUDENCE Number: CMPL 501 Instructor: Professor Evan Fox-Decent (001) (009) Term: Winter Language of Instruction: English Credits: 3 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 time. Leviathan 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 Seminar: No McGill University – Faculty of Law Page 61 Course Offerings 2012-2013 (Revised January 4, 2013)

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-).

COURSE TITLE: SPECIALIZED TOPICS IN LAW 4 Number: LAWG 514 (Energy and the Environment) Term: Winter Credits: 2 Instructor: Me Anne Drost (001) (009) Language of Instruction: English 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. Prerequisites: None Seminar: No Method of Evaluation: In class project (25%); term paper (75%)

COURSE TITLE: SPECIALIZED TOPICS IN LAW 7 (Law and Health Care) Number: LAWG 517 Instructor: Prof. Daniel Weinstock (001) Term: Winter Language of Instruction: English Credits: 3 Description: Law, ethics, and public policy intersect in complex ways around some of the most hotly contested issues in health policy. This seminar will investigate the ways in which they interact in three such debates, to do with euthanasia and assisted suicide; with the introduction of market mechanisms to the provision of health care; and with the moral and legal limits on public health interventions, most notably in the context of public health emergencies such as pandemics. The course will open with a brief primer on the philosophy and ethics of health policy and health care, and will then consider legal, ethical and public policy writings surrounding the three aforementioned policy debates. Prerequisites: None Seminar: Yes Method of Evaluation: Three take-home assignments

COURSE TITLE: SPECIALIZED TOPICS IN LAW 8 McGill University – Faculty of Law Page 62 Course Offerings 2012-2013 (Revised January 4, 2013)

(Truth, Reconciliation and Number: LAWG 518 Indigenous Peoples) Term: Winter Instructor: Professor Colleen Sheppard (001) (009) Credits: 3 Language of Instruction: English Description: This seminar will explore the related concepts of reconciliation and truth in relation to concerns facing Indigenous peoples. The course will examine conceptions of reconciliation in Canadian constitutional jurisprudence interpreting Aboriginal rights. It will also critically explore emerging conceptions and processes of reconciliation occurring as part of the Truth and Reconciliation Commission of Canada, established to address the historical and ongoing effects of Indian residential schools. Comparative insights will be assessed by reviewing truth and reconciliation commissions in other countries. Prerequisites No Seminar: Yes Method of evaluation: Two written assignments and a seminar presentation.

COURSE TITLE: SPECIALIZED TOPICS IN LAW 13 (Financial and Corporate Law Sources) Number: LAWG 532 Term: Winter Instructor: Me Jakub Adamski Credits: 2 Me Marc Barbeau (001) (009) Language of Instruction: English 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. Seminar: Yes Method of Evaluation: Class participation 20%; In-class presentation and written summary 80%

COURSE TITLE: EUROPEAN UNION LAW II Number: LAWG 535 Instructor: Professor Constanze Semmelmann (001) (009)Term: Winter Language of Instruction: English Credits: 3 Description: This course requires a solid basis in substantive and institutional European Union (EU) law (e.g. EU I). It starts with a brief overview of the relationship and interaction between the Member States and the EU in the system of multi-level governance (allocation of legislative powers, executive federalism and the EU’s judicial architecture). As these questions have turned into more philosophical and theoretical debates, we will look at various McGill University – Faculty of Law Page 63 Course Offerings 2012-2013 (Revised January 4, 2013)

narratives that attempt to explain the construction of the EU and the interaction between the two layers by recourse to labels such as “constitutionalism”, “pluralism” or “constitutional pluralism” that advocate for open-ended dialogues between both layers, call for structuring principles such as subsidiarity or emphasise common substantive values such as the rule of law or human rights that serve as a glue between them. Furthermore, the course will address the rise of EU citizenship and EU human rights protection as steps towards the emergence of a true polity. In addition, we will analyse the legal, economic and political problems that the creation of a monetary union has caused in the absence of a polity and a fiscal and banking union. Recommended: European Union Law I Seminar: No Method of Evaluation: Assignment and optional exam

COURSE TITLE: SPECIALIZED TOPICS IN LAW 17 (Rule of Law & Development) Number: LAWG 536 Term: Winter Instructor: Dr. Nandini Ramanujam (001) (009) Credits: 3 Language of Instruction: English Description: The course will explore changing ideas about law's role in economic growth and development. The relationship between law and economic development has been one of the central concerns of both contemporary social theory and of the development profession. The aim of the course is to explore how, if at all, one might structure the legal system or implement particular policies so as to foster national economic growth. The course will be inter-disciplinary in nature, drawing upon literature from economic, cultural, and legal theories of development, contemporary literature on the concept of rule of law, case studies from countries which have undergone systemic transformation in the last 20-25 years. Prerequisites: None Seminar: Yes Method of Evaluation: The final grade will be based upon a final paper (75%), one seminar short-piece (15%), class participation and attendance (10%).

COURSE TITLE: SPECIALIZED TOPICS IN LAW 18 (Intellectual Property and Number: LAWG 537 Its Discontents) Instructor: Dr. Mohsen al Attar (001) (009) Term: Winter Language of Instruction: English Credits: 3 Description: In this course, we will examine the growth of informational capital in the new economy and the attendant legal protections afforded in international law. We will consider the prevalence of powerful non-state global actors – inter alia transnational corporations and financial institutions – and the influence they wield over regulatory regimes, both global and domestic. Throughout, we will also study instances of resistance, specifically the emergence of regulatory models aimed at promoting alternate normative aspirations and social objectives. Both the wider oppositional climate and its specific manifestations make IP law an important site of McGill University – Faculty of Law Page 64 Course Offerings 2012-2013 (Revised January 4, 2013)

social critique and thus a vital topic for legal education. Prerequisites: Intellectual and Industrial Property Seminar: No Method of Evaluation: In-term assignments (60%), group take-home exam (40%)

COURSE TITLE: SUSTAINABLE DEVELOPMENT LAW Number: LAWG 502 Instructor: Dr Mark Sheppheard (001) (009) Term: Winter Language of Instruction: English Credits: 3 Description: This course will focus on the use of sustainable development as a normative legal ‘principle’; arising out of political discourse and used to express a desire for higher standards of care in marrying environmental protection with economic exploitation of resources. In the first part of the course, we examine this discourse, its translation into international and domestic law, and confront the diversity of meanings that emerge when law is viewed as a normative framework to promote interaction and collaboration among social systems more generally. The second part of the course will take contemporary legal use of sustainable development to evaluate what it means as a norm of practice. This will allow students to test the concept in public and private normative regimes. Prerequisites: None Seminar: Yes Method of Evaluation: Research skills (essay) (30%), Practicum: Written pleadings (30%), Oral performance (30%); Participation (attendance and general participation) (10%)

COURSE TITLE: TRADE REGULATION Number: CMPL 521 Instructor: Professor Blackett (001)(009) Term: Winter Language of Instruction: English Credits: 3 Description: Historical contextualization of underlying trade principles; assessment of the interface between multilateral trade dispute resolution and domestic regulatory action in distinct public policy domains; consideration of internationalization claims, harmonization claims, and the implications of trade regulation for democratic theory; particular attention to the WTO, selected regional agreements, and the UN. Prerequisites: Law and Practice of International Trade or comparable experience/expertise Seminar: Yes Method of Evaluation: Essay (75%) and extensive class participation (25%)

McGill University – Faculty of Law Page 65 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: MOOT BET DIN (TALMUDIC LAW) Number: CMPL 513 Instructor: Rabbi Michael Whitman (001) (009) Term: Winter Language of Instruction: English Credits: 3 Description: This course will introduce students to the Jewish legal system and decision-making process, leading to a Moot Bet Din (Rabbinical Court) Competition. The course will begin with several 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 between heirs over whether their father’s estate should be divided according to Biblical Law or according to the provisions of the father’s civil will. A basic theme students will grapple with is living within more than one legal system, and how Jewish Law can live alongside civil law. 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. Prerequisites: None Seminar: Parts of the course will be lecture and parts of the course will be seminar. Method of Evaluation: Trial Brief (40%), Class Participation (25%), Oral Argument (20%), Independent Research (15%).

COURSE TITLE: TRIAL ADVOCACY Number: PUB2 420 Instructor: Me P. Kalichman* (001) Term: Winter Language of Instruction: English Credits: 3 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 Seminar: No 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.

*Me Peter Kalichman (BCL 1988) is a partner at Irving Mitchell Kalichman, a boutique litigation firm.

McGill University – Faculty of Law Page 66 Course Offerings 2012-2013 (Revised January 4, 2013)

SECTION IV: GRADUATE COURSES

Please Note: Undergraduate students wishing to take a Graduate Course are encouraged to submit the approval form available on the SAO website under “SAO forms”.

COURSE TITLE: AIRLINE BUSINESS AND LAW Number: ASPL 614 Instructor: Professor Paul Fitzgerald (001) (009) Term: Fall Language of Instruction: English Credits: 3 Description This course provides and 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. Prerequisites: None Seminar: Yes Method of Evaluation: Final Exam (75%), participation (25%)

COURSE TITLE: GOVERNMENT REGULATION OF AIR TRANSPORT Number: ASPL 613 Instructor: Professor Paul Fitzgerald (001) (009) Term: Winter Language of Instruction: English Credits: 3 Description This course focuses on the domestic and international economic regulation of air transport and also discusses safety and security regulation. Key subjects are: economic regulation of domestic and international air transport, licensing and designation of air transport operators, open sky agreements, economic and regulatory theories, competition, anti-trust regulation, and consumer protection regulation. It also examines the status, negotiation, and implementation of bilateral and multilateral air services agreements. Why do Governments regulate or deregulate markets for air transport? How do the economics of the aviation sector impact regulatory policies? What are the legal regimes governing key issues of the aviation business, such as market access, pricing and capacity? The present challenges and trends in the regulatory regime of air transport also are discussed. Prerequisites: None Seminar: No Method of Evaluation: Essay (60%), participation (40%)

McGill University – Faculty of Law Page 67 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: GOVERNMENT REGULATION OF SPACE ACTIVITIES

Number: ASPL 639 Instructors: Professor Ram Jakhu (001) (009) Term: Winter Language of Instruction: English Credits: 3 Description: The course will focus on the national regulatory frameworks governing space activities, particularly those that are carried out by private entities for commercial purposes. Specific topics include: rationale for government regulation; licensing requirements for launch activities, licensing requirements for satellites for telecommunications and remote sensing purposes; introduction of competition into domestic and international satellite telecommunication services as well as launch services; human space travel; intellectual property rights under domestic laws; national export controls on space hardware, products and services; laws related to satellite procurement contracts, launch services, leasing of capacity, financing of space ventures, risk management and space insurance, as well as contractual relationships between national space agencies and space industry, etc. The relevant laws and appropriate regulations of a number of selected countries will be discussed (e.g., Australia, Canada, France, Russian Federation, South Africa, Sweden, the United Kingdom and the United States). Prerequisites: None Seminar: Yes Method of Evaluation: Class participation and seminar presentation (25%) and term paper (75%)

COURSE TITLE: INTERNATIONAL BUSINESS LAW Number: CMPL 604 Instructor: Professor Catherine Walsh (001) (009) Term: Winter Isabelle Deschamps (DCL candidate) Language of Instruction: English Credits: 4 Description: This seminar will investigate a series of private and commercial law substantive issues of particular relevance to the business and financial communities that have been the object of recent international harmonizing initiatives, both formal and informal; it will also cover issues of particular topical relevance to these communities, including the regulatory aftermath of the 2008 financial crisis. Prerequisites: Open to graduate students and to undergraduate students who have completed four terms in the Faculty of Law. Seminar: Yes Method of Evaluation: 60% research essay; 10% oral presentation of thesis; 30% 6-hour take-home examination based on seminar readings; exam may be taken at any time during the examination period.

COURSE TITLE: LAW AND HEALTH CARE Number: CMPL 642 Instructor: Prof. Daniel Weinstock (009) Term: Winter Language of Instruction: English Credits: 3 Description: Law, ethics, and public policy intersect in complex ways around some McGill University – Faculty of Law Page 68 Course Offerings 2012-2013 (Revised January 4, 2013)

of the most hotly contested issues in health policy. This seminar will investigate the ways in which they interact in three such debates, to do with euthanasia and assisted suicide; with the introduction of market mechanisms to the provision of health care; and with the moral and legal limits on public health interventions, most notably in the context of public health emergencies such as pandemics. The course will open with a brief primer on the philosophy and ethics of health policy and health care, and will then consider legal, ethical and public policy writings surrounding the three aforementioned policy debates. Prerequisites: None Seminar: Yes Method of Evaluation: Three take-home assignments

COURSE TITLE: LAW OF SPACE APPLICATIONS Number: ASPL 638 Instructors: Professor Ram Jakhu (001) (009) Term: Winter Language of Instruction: English Credits: 3 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; navigational services by satellites; remote sensing by satellites; space stations; space travel; space safety; space-based solar power; international space technology transfers; military uses of outer space; and trade in space products as well as in satellite telecommunications and launch services. Prerequisites: None (however, some knowledge of public international law is assumed) Seminar: No Method of Evaluation: Examination (100%) (or 50% and optional paper 50%)

COURSE TITLE: LEGAL RESEARCH METHODOLOGY Number: CMPL 610 D1 CMPL 610 D2 Instructors: Professor Rosalie Jukier (009) Terms: I & II Language of Instruction: English Credits: 4 Description: Graduate students develop their legal research and writing skills within this course, and are provided with a framework for working on their research agenda. The course provides graduate students with a forum for sharing their ideas about their research projects, practicing synthesis and critique in writing, and exploring scholarly methodologies in law. Prerequisites: None Seminar: Yes; and classroom instructions Method of Evaluation: Assignments and final research project proposal

COURSE TITLE: LEGAL TRADITIONS Number: CMPL 600 McGill University – Faculty of Law Page 69 Course Offerings 2012-2013 (Revised January 4, 2013)

Instructor: Professor René Provost (009) Term: Winter Language of Instruction: English Credits: 4 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). Prerequisites: None Seminar: Yes Method of Evaluation: Class participation; short reflection pieces; seminar presentation; end of term essay.

COURSE TITLE: PRIVATE INTERNATIONAL AIR LAW Number: ASPL 636 Instructor: Professor L. Weber (001) (009) Term: Fall Language of Instruction: English Credits: 3 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. Insurance aspects and implications of the air carrier’s international liability will also be addressed. Prerequisites: None Seminar: No Method of Evaluation: In-term assignment (25%) and final exam (75%)

McGill University – Faculty of Law Page 70 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: PUBLIC INTERNATIONAL AIR LAW Number: ASPL 633 Instructor: Professor Armand de Mestral (001) (009) Term: Fall Language of Instruction: English Credits: 3 Description: A study of the relevant principles and rules of international law that affect the use of air space and aeronautics. The following topics are included: sources of international air law; the law-making process affecting the regime of air space and international air navigation and air transport. The study will include the legal regime of national and international air space, the concept of civil and state aircraft, certification and licensing by international standards, exchange of traffic rights, aircraft accident investigation, etc. A case study of international aviation organizations (ICAO, IATA, regional bodies) and their law-making functions will be presented. The legal management of aviation security and dispute resolution will be addressed. Recommended: Public International Law Seminar: No Method of Evaluation: Optional paper (33.3%) and take home exam

COURSE TITLE: SPACE LAW: GENERAL PRINCIPLES Number: ASPL 637

Instructor: Professor Ram Jakhu (001) (009) Term: Fall Language of Instruction: English Credits: 3 Description: The objective of the course is to examine the role of international law in the regulation of outer space activities. The course covers the following topics: 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 their natural resources; the legal status of spacecraft including their registration; liability for damage caused by space activities; assistance to astronauts and spacecraft in distress, settlement of space-related disputes etc. Prerequisites: None (however, some knowledge of public international law is assumed) Seminar: No Method of Evaluation: Examination (100%) (or 50% and optional paper 50%)

COURSE TITLE: THEORETICAL APPROACHES TO LAW Number: CMPL 641 Instructor: Professor Mark Antaki (009) Term: Fall* Language of Instruction: English Credits: 4 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. McGill University – Faculty of Law Page 71 Course Offerings 2012-2013 (Revised January 4, 2013)

Prerequisites: None Seminar: Yes Method of Evaluation: Multiple assessments *Please note: The fall section of Theoretical Approaches to Law is open to LL.M. students only.

COURSE TITLE: THEORETICAL APPROACHES TO LAW Number: CMPL 641 Instructor: Professor Mark Antaki (009) Term: Winter* Language of Instruction: English Credits: 4 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. Prerequisites: None Seminar: Yes Method of Evaluation: Multiple assessments *Please note: The winter section of Theoretical Approaches to Law is open to Doctoral students only.

McGill University – Faculty of Law Page 72 Course Offerings 2012-2013 (Revised January 4, 2013)

SECTION V:

WRITING COURSES

COURSE TITLE: TERM ESSAY 1 (001) Number: WRIT 491 Term: I or II or summer Description: See description below. Credits: 3

COURSE TITLE: TERM ESSAY 2 (001) Number: WRIT 492 Term: I or II or summer Description: See description below. Credits: 3

COURSE TITLE: TERM ESSAY 3 (001) Number: WRIT 493 Term: I or II or summer Description: See description below. Credits: 3

COURSE TITLE: TERM ESSAY 4 (001) Number: WRIT 494 Term: I or II Description: See description below. Credits: 3

COURSE TITLE: TERM ESSAY 5 (001) Number: WRIT 495 Term: I or II Description: See description below. Credits: 3

McGill University – Faculty of Law Page 73 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: TERM ESSAY 6 (001) Number: WRIT 496 Term: I or II Credits: 3 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 web site. 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 14, 2012 for the Fall Term, January 18 2012 for the Winter Term and May 16, 2013 for the Summer Term 2013.

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 13, 2012 (Fall term), April 24, 2013 (Winter term) and August 1, 2013 (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.

COURSE TITLE: SENIOR ESSAY (001) Number: WRIT 400 D1 WRIT 400 D2 Terms: any two consecutive terms Credit: 6 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. 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). McGill University – Faculty of Law Page 74 Course Offerings 2012-2013 (Revised January 4, 2013)

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 must be submitted to the SAO on or before September 14, 2012 for the Fall Term, January 18 2013 for the Winter Term and May 16, 2013 for the Summer Term 2013.

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 13, 2012 (Fall term), April 24, 2013 (Winter term) and August 19, 2013 (Summer term).

COURSE TITLE: WRITING AND DRAFTING PROJECT (001) Number: WRIT 520 Term: I or II Credits: 1 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 14, 2012 for the Fall Term, January 24 2013 for the Winter Term and May 16, 2013 for the Summer Term 2013.

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 13, 2012 (Fall term), April 24, 2013 (Winter term) and August 19, 2013 (Summer term).

Please note that the following professors have expressed an interest in supervising essays in the following areas:

Professor Wendy Adams: Intellectual property, animal law, law and popular culture.

Professor Mark Antaki: History of legal and political thought; philosophy and rhetoric of law; some topics in socio-legal studies; some topics in public law, international law McGill University – Faculty of Law Page 75 Course Offerings 2012-2013 (Revised January 4, 2013)

Professor Frédéric Bachand (Winter term only): Domestic and international arbitration; civil procedure; evidence; private international law; legal interpretation.

Professor Adelle Blackett: International and regional trade law; labour and employment law (including comparative and international dimensions); law and development; critical race theory; immigration law; law of international organizations.

Me Daniel Boyer: Legal research and writing; computer assisted legal research; heritage preservation; legal bibliography

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 Jaye Ellis: International environmental law; public international law; international legal theory; international law/international relations theory

Professor Yaëll Emerich: Droit des biens; droit des sûretés; responsabilité civile; théorie du droit; droit et langue.

Professor Fabien Gélinas: Constitutional law, constitutional and legal theory, law of international business contracts, transnational law and international arbitration.

Professor H. Patrick Glenn (Winter term only): Legal Profession; the Judiciary; Civil Procedure; Private International Law; Legal Traditions

Professor Robert Godin: Civil law of property, some areas of Environmental Law

Professor Ram Jakhu: Air and Space Law, International Telecommunication Law, Public International Law, Canadian Communications Law, Canadian Immigration Law

Professor Rosalie Jukier: Contractual Obligations, Remedies, Civil procedure and Principles of Judicial Institutions

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.

McGill University – Faculty of Law Page 76 Course Offerings 2012-2013 (Revised January 4, 2013)

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: Administrative Law, Constitutional Law, Comparative Constitutional Law, Constitutional Theory, Land Use Planning Law, Municipal Law

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 Frédéric Mégret: International Law of Human Rights, International Criminal Law.

Professor Pierre-Emmanuel Moyse: Property law, history of property law, intellectual and industrial property law, competition & commercial law

Professor Victor Muñiz-Fraticelli: 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: 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 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 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 (Fall Term only): Private law, especially the law governing unjust enrichment, corporations, loyalty and trusts, and gifts, including the philosophical foundations of private law.

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 McGill University – Faculty of Law Page 77 Course Offerings 2012-2013 (Revised January 4, 2013)

Professor Catherine Walsh: Secured Transactions, Conflict of Laws or Private International Law, International Unification of Private Commercial Law.

SECTION VI: TEACHING ASSISTANTS

COURSE TITLE: GROUP ASSISTANTS Number: WRIT 048 Instructor: Various professors (001) Term: I or II Language of Instruction: English and French Credits: 2 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. Candidates must file an application prior to the end of the term preceding the term in which they propose to serve as a Group Assistant and must submit a written report on their work by the last day of classes in the term for which they receive credit. Prerequisites: Two years in the program Seminar: Yes Method of Evaluation: The instructor will appraise the quality of assignments performed by each group assistant. Grading will be on a Pass/Fail basis. Teaching Hours: As arranged. N.B.: Positions will be advertised by individual professors in the Faculty starting in April. If accepted, students must register on Minerva. The Group Assistant Application Form is available on the SAO website: http://www.mcgill.ca/law-studies/forms/

COURSE TITLE: LEGAL METHODOLOGY TEACHING GROUP 1 (FIRST-YEAR) Number: WRIT 016 D1 WRIT 016 D2 Faculty Coordinator: Me Helena Lamed (001) Terms: I & II Language of Instruction: English/French Credits: 4 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 McGill University – Faculty of Law Page 78 Course Offerings 2012-2013 (Revised January 4, 2013)

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 N.B.: If selected, students must register on Minerva.

"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."

COURSE TITLE LEGAL METHODOLOGY TEACHING GROUP 2 (SECOND YEAR) Number: WRIT 017 D1 WRIT 017 D2 Faculty Coordinator: Me Helena Lamed (001) Terms: I&II Language of Instruction: English and French Credits: 4 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 Writing, Mooting, and Advanced Legal Research 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. Seminar: Tutors will meet every week as a group Method of Evaluation: Graded evaluation based on overall performance in the course N.B.: If selected, students must register on Minerva

McGill University – Faculty of Law Page 79 Course Offerings 2012-2013 (Revised January 4, 2013)

SECTION VII : STUDENT – INITIATED SEMINARS

COURSE TITLE: STUDENT LED SEMINAR ON CRITICAL RACE THEORY Number: LAWG 521 Supervising Instructor: Dr. Armel Brice Adanhounme Term: Winter Language of Instruction: English Credits: 3 Description: This course is a 3 credit student-initiated seminar aimed at students who are interested in how Critical Race Theory applies to the law. Recognizing the need to incorporate a more critical dialogue about structural racism in our work and classrooms, all participants in this student-initiated seminar will participate as “student-teachers and teacher- students” to create dialogue and share collective responsibility to achieve the course goals.

The course will consider the relationship of Race and Law in Canada, using an interdisciplinary Critical Race Theory (CRT) approach to examine inter alia the Canadian legal system. Emerging during the 1980s in American law schools, CRT scholars made many controversial claims about law and legal education - among them that racial inequality suffused American law and society, that structural racial subordination remained endemic, and that both liberal and critical legal theories marginalized the voices of racial minorities. In recent years, Canadian scholars, notably Prof. Carol Aylward, have applied these ideas to the Canadian legal context. Students will examine and engage with legal instruments dating throughout Canadian history and secondary materials by Canadian legal scholars and jurists to help illuminate the processes by which Law has both corrected and created deficits for racialized Canadian communities. Prerequisites: No Seminar: Yes Method of Evaluation : Pass/Fail

McGill University – Faculty of Law Page 80 Course Offerings 2012-2013 (Revised January 4, 2013)

SECTION VIII: LEGAL CLINIC

COURSE TITLE: LEGAL CLINIC I Number: WRIT 433* Supervising Instructor: Me Helena Lamed (001) Term: any Language of Instruction: English or French Credits: 6 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. 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. Additional information about the course can be obtained from the Faculty Supervisor, Me Helena Lamed (514-398-6894, e-mail: [email protected]) Applications are made in the winter term preceding the academic year in which the clinic is undertaken. Prerequisites: Two years in the program Method of Evaluation: Grading will be on a Pass/Fail basis, based on evaluation by supervising lawyer and written reports by the student.

*Terms: WRIT 433 D1 & WRIT 433 D2: Fall and Winter, OR Summer and Fall; or WRIT 433: Summer session

McGill University – Faculty of Law Page 81 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: LEGAL CLINIC II Number: WRIT 434 Me Helena Lamed (001) Term: any Description: See above. Credits: 3 Not open to students who have taken Legal Clinic I

COURSE TITLE: LEGAL CLINIC III Number: WRIT 435 Me Helena Lamed (001) Term: any Description: See above. Credits: 3 Not open to students who have taken Legal Clinic I

Registration: Selected students will be assigned a “Permit to Register” will allow registration on Minerva. The permit is assigned by the SAO. McGill University – Faculty of Law Page 82 Course Offerings 2012-2013 (Revised January 4, 2013)

SECTION IX: LAW JOURNALS

Supervising Instructor: T.B.A Students who have been recommended for the various positions on the McGill Law Journal, the McGill Journal of Law and Heath 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 following positions (students must register on Minerva):

COURSE TITLE: Editor-in-Chief 1 (001) Number:WRIT 330D1 WRIT 330D2 Terms: I & II Credits 4

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.

COURSE TITLE: Editor-in-Chief 2 (001) Number: WRIT 001D1 WRIT 001D2 Terms: I & II Credits 6

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.

COURSE TITLE: Executive Editor 1 (001) Number: WRIT 331D1 WRIT 331D2 Terms: I & II Credits: 4

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.

COURSE TITLE: Executive Editor 2 (001) Number: WRIT 002D1 WRIT 002D2 Terms: I & II Credits 5

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.

McGill University – Faculty of Law Page 83 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: Managing Editor 1 (001) Number: WRIT 332D1 WRIT 332D2 Terms: I & II Credits: 4

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.

COURSE TITLE: Managing Editor 2 (001) Number: WRIT 003D1 WRIT 003D2 Terms: I & II Credits: 6

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.

COURSE TITLE: Specialized Editor 1 (001) Number: WRIT 334D1 WRIT 334D2 Terms: I & II Credits: 2

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.

COURSE TITLE: Specialized Editor 2 (001) Number: WRIT 009D1 WRIT 009D2 Terms: I & II Credits: 4

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.

COURSE TITLE: Senior Editor 2 (001) Number: WRIT 004D1 WRIT 004D2 Terms: I & II Credits: 3

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.

McGill University – Faculty of Law Page 84 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: Junior Editor (001) Number: WRIT 011D1 WRIT 011D2 Terms: I & II Credits: 3

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.

COURSE TITLE: Senior Editor 1 (001) Number: WRIT 333D1 WRIT 333D2 Terms: I & II Credits: 2

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.

COURSE TITLE: Senior Manager (001) Number: WRIT 005D1 WRIT 005D2 Terms: I & II Credits: 2

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.

COURSE TITLE: Junior Manager (001) Number: WRIT 010D1 WRIT 010D2 Terms: I & II Credits : 2

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.

Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO. McGill University – Faculty of Law Page 85 Course Offerings 2012-2013 (Revised January 4, 2013)

SECTION X: MOOT COMPETITIONS

COURSE TITLE: ADVANCED MOOTING I Number: PRAC 510 Instructor: Various professors T.B.A. (001) Term: I or II Language of Instruction: English and French Credits: 3 Description: Participation, under Faculty supervision, as a Faculty representative, in an advanced mooting competition approved for this purpose by the Dean. Students may register for Advanced Mooting a maximum of twice. Prerequisites: Introductory Legal Research and Legal Writing, Mooting & Advanced Legal Research Method of Evaluation: Factum and oral presentations

COURSE TITLE: ADVANCED MOOTING II Number: PRAC 511 Instructor: Various professors T.B.A. (001) Term: I or II Language of Instruction: English and French Credits: 3 Description: Participation, under Faculty supervision, as a Faculty representative, in an advanced mooting competition approved for this purpose by the Dean. Students may register for Advanced Mooting a maximum of twice. Prerequisites: Introductory Legal Research and Legal Writing, Mooting and Advanced Legal Research Method of Evaluation: Factum and oral presentations

NOTE: The courses Advanced Mooting I and II apply to approved mooting competitions such as the 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 Aboriginal Moot. Not all of these competitions will be approved in any given year. The selection of the candidates takes place in the Spring preceding the academic year in which the competition takes place. Students who participated in the selection process for 2012- 2013 will be informed of the outcome by letter during the month of June.

Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO. McGill University – Faculty of Law Page 86 Course Offerings 2012-2013 (Revised January 4, 2013)

SECTION XI: COURT AND ADMINISTRATIVE TRIBUNALS CLERKSHIP

COURSE TITLE: CLERKSHIP A Number: WRIT 440 D1 WRIT 440 D2 Supervising Instructor: Assistant Dean Aisha Topsakal (001) Terms: I & II or summer Language of Instruction: English or French Credits: 6 Description: A limited number of students who have completed two years in the program may, with the permission of the Dean or the Dean's delegate, work only once as a clerk for a judge of tribunal, under general Faculty supervision. Prerequisites: Two years in the program Seminar: No Method of Evaluation: Pass/Fail Teaching Hours: As arranged

Students having completed four terms in the Law Faculty and not having taken Clerkship B, may apply to take one of the clerkships positions for the equivalent of 6 credits. These 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, or during the summer by special arrangement. The candidates who have been selected for the 2012-2013 academic year must register on Minerva.

The 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. 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 under “SAO forms”).

Applications are usually made in the spring preceding the academic year in which the clerkship is undertaken. Students chosen for a clerkship must work for a minimum of two hundred hours (often more in the Court of Appeal) and 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.

For further information, see Assistant Dean Topsakal (514-398-8196, [email protected]).

N.B.: Students take the 6 credit course over the Fall and Winter terms (WRIT 440 D1 and WRIT 440 D2). Ad hoc clerkships typically take place during the Summer term (WRIT 440).

McGill University – Faculty of Law Page 87 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE TITLE: CLERKSHIP B Number: WRIT 441 Supervising Instructor: Assistant Dean Aisha Topsakal (001) Term: summer Language of Instruction: English or French Credits: 3 Description: Students having completed four terms in the Law Faculty and not having taken Clerkship A may, with the permission of the Dean or the Dean's delegate, work as a clerk for a member of an approved court or administrative tribunal, under general Faculty supervision. The student's contribution is of at least one hundred hours (often more in the Court of Appeal). This is a one-term course of 3 credits. Otherwise as above, for Clerkship A. Offered by special arrangement and during the summer term only.

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

McGill University – Faculty of Law Page 88 Course Offerings 2012-2013 (Revised January 4, 2013)

SECTION XII : HUMAN RIGHTS INTERNSHIP

COURSE TITLE: INTERNATIONAL HUMAN RIGHTS INTERNSHIP Number: LAWG 517 Instructor: TBD (001) Term: Summer 2013 Language of Instruction: English or French Credits: 3 Description: Participation in an international human rights internship approved by the Faculty. This internship provides dedicated students with exposure to the law and practice of international human rights, encouraging them to reflect on the relationship between that experience and their studies. Students must obtain the approval of the Dean or Dean's delegate for their participation and for the terms of the internship. Selection of Interns. Students will be invited to submit an application for designated human rights internships by the beginning of the Winter term. 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.

Internship Report. Interns must submit a written detailed report to the Human Rights Internship Program Coordinator by September 30th. Students must register for the course “Human Rights Internship – Critical engagement with Discourse of Human Rights” (LAWG 535) in the Fall semester following their internship.

Prerequisites: Some internships require proficiency in French. Method of Evaluation: Pass/Fail

N.B.: Students complete the internship in the summer term only (LAWG 517). 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. McGill University – Faculty of Law Page 89 Course Offerings 2012-2013 (Revised January 4, 2013)

SECTION XIII : HONOURS COURSES

See Registration and Program Requirements 2012-2013, Part V, section III for further information.

COURSE TITLE: HONOURS THESIS 1 Number: WRIT 450 Instructor: Various professors (001) Term: I or II Credits: 3 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.

COURSE TITLE: HONOURS THESIS 2 Number: WRIT 451 Instructor: Various professors (001) Term: I or II Credits: 6 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.

COURSE TITLE: HONOURS THESIS 3 Number: WRIT 452 Instructor: Various professors (001) Term: I or II Credits: 6 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. McGill University – Faculty of Law Page 90 Course Offerings 2012-2013 (Revised January 4, 2013)

SECTION XIV: 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 at the SAO).

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 Assistant Dean (Student Life and Learning).

COURSE TITLE: MAJOR INTERNSHIP

Number: WRIT 300 Faculty Supervisor: T.B.D. (001) Term: any Language of Instruction: English or French Credits: 6 Description: A limited number of students who have completed four terms in the Faculty may, with permission of the Dean or the Dean’s delegate, work once as an intern in an approved internship relating to their major concentration. Interns will usually be in the fourth year of their program. Restrictions: Students must be enrolled in a Major program. Prerequisites: Some internships require proficiency in French. 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.

McGill University – Faculty of Law Page 91 Course Offerings 2012-2013 (Revised January 4, 2013)

COURSE OFFERINGS 2012 – 2013 European Union Law I European Union Law II FIRST YEAR UNDERGRADUATE MANDATORY COURSES Evidence (Civil Matters) Evidence (Criminal matters) Civil Law Property Extrajudicial Dispute Resolution Constitutional Law Family Law Contractual Obligations Government Control of Business Extra-Contractual Obligations Intellectual and Industrial Property Foundations of Canadian Law International Criminal Law Introductory Legal Research International Environmental Law & Politics International Humanitarian Law SECOND YEAR UNDERGRADUATE MANDATORY COURSES International Law of Human Rights International Taxation Advanced Civil Law Obligations Judicial Review of Administrative Action Advanced Common Law Obligations Jurisprudence Common Law Property Labour Law Legal Ethics and Advocacy Law and Poverty Law and Practice of International Trade OTHER UNDERGRADUATE MANDATORY COURSES Law of Persons Medical Liability Judicial Institutions and Civil Procedure Private International Law Criminal Law Public International Law Business Associations Resolution of International Disputes Restitution UNDERGRADUATE COMPLEMENTARY COURSES Roman Law Secured Transactions Administrative Process (The) Securities Regulation Advanced Criminal Law Specialized Topics in Law 1: Images and the Law Advanced Mooting 1: Supreme Court Specialized Topics in Law 3: Taxation Workshop and Montreal Bar Prize Moot Specialized Topics in Law 4: Energy & the Advanced Torts Environment Banking Law Specialized Topics in Law 4: Comparative Bankruptcy Corporate Governance Business Associations Specialized Topics in Law 5: Legal Anthropology- Canadian Charter of Rights and Freedoms Centaur Jurisprudence Canadian Legal History Specialized Topics in Law 6: Law, Literature & Civil Liberties Migration Civil Litigation Workshop Specialized Topics in Law 7: Law & Health Care Commercial Law Specialized Topics in Law 8: Anatomy of a Communications Law Murder Trial Comparative Medical Law Specialized Topics in Law 8: Truth, Complex Legal Transactions 1 Reconciliation & Indigenous Perspectives Corporate Finance Specialized Topics in Law 13: Refugee Law Corporate Taxation Specialized Topics in Law 13: Financial and Criminal Procedure Corporate Law Sources Employment Law Specialized Topics in Law 16: Human Rights Environment and the Law Internship: Critical Engagement & Discourse of Equity and Trusts Human Rights McGill University – Faculty of Law Page 92 Course Offerings 2012-2013 (Revised January 4, 2013)

Specialized Topics in Law 16: Legal Interpretation Critical Race Theory Specialized Topics in Law 17: Rethinking International Law LEGAL CLINIC Specialized Topics in Law 17: Rule of Law & Development Legal Clinic 1 Specialized Topics in Law 18: Political Law Legal Clinic 2 Specialized Topics in Law 18: Intellectual Legal Clinic 3 Property and Its Discontents Successions LAW JOURNALS Sustainable Development Law Talmudic Law Editor-in-Chief 1 Tax Policy Editor-in-Chief 2 Taxation Executive Editor 1 Theories of Justice Executive Editor 2 Trade Regulation Managing Editor 1 Trial Advocacy Managing Editor 2 Specialized Editor 1 GRADUATE COURSES Specialized Editor 2 Senior Editor 1 Airline Business and Law Senior Editor 2 Government Regulation of Air Transport Senior Manager Government Regulation of Space Activities Junior Manager International Business Law Law and Health Care MOOT COMPETITIONS Law of Space Applications Legal Research Methodology Advanced Mooting 1 Legal Traditions Advanced Mooting 2 Private International Air Law Public International Air Law COURT AND ADMINISTRATIVE TRIBUNALS CLERKSHIP Space Law: General Principles Theoretical Approaches to Law Clerkship A Clerkship B WRITING COURSES HUMAN RIGHTS INTERNSHIPS Term Essay 1-6 Senior Essay International Human Rights Internships Writing and Drafting Project XIV: HONOURS COURSES TEACHING ASSISTANTS Honours Thesis 1 Group Assistants Honours Thesis 2 Legal Methodology Teaching Group 1 (First- Honours Thesis 3 Year) Legal Methodology Teaching Group 2 (Second- MAJOR INTERNSHIPS Year) Major Internships STUDENT-INITIATED SEMINARS McGill University – Faculty of Law Page 93 Course Offerings 2012-2013 (Revised January 4, 2013)