Course Descriptions
LAWS 2278 Law and Public Policy in Practice
CREDIT HOURS: 2
This course will immerse students in public policy-making. We will explore who makes public policy decisions, how they make them, and how legally-trained individuals can advise decision-makers about/persuade them to make particular policy decisions. Core components covered will include theories and models of public policy, actors/networks, institutions/systems/structures, agenda setting, instruments/tools, empirical evidence, forms of analysis, and communications. We will work with case studies observing the evidence, arguments, and analysis as well as decision-making processes which have led to particular policy reform or have failed to do so. The goal of the course will be to strengthen students’ knowledge and skills with respect to identifying public policy problems, pathways to and strategies for change, including crafting evidence-based and analytically-robust arguments to advocate on behalf of desired results and communicating effectively. The course will be hands-on and practical.
NOTES: Assessment Method: This class will be evaluated as follows: 20% class preparation and participation; 80% written assignments (4,000 words total).
LAWS 2279 Law and Public Policy in Practice
CREDIT HOURS: 3
The objective of this course is to provide students with an understanding of the decision making processes that create laws so that they will be better able to impact and shape future laws and regulations. Students will be provided with the foundations necessary to craft strong public policy and legal strategy. They will then work with concrete case studies analyzing the steps, arguments and decision making which have led to the particular legislative amendments of the drafting of a new law or legal framework or the failure to achieve change. Finally, students will identify an emerging public policy challenge and develop a proposed strategy to advance an argument for change. The goal of the course is to strengthen skills in defining the problem at issue, identify one or more strategies to resolve the issue and craft an evidence based sophisticated public policy or legal argument to advocate for change.
NOTES: Evaluation Method: Evaluation: 15% class participation, 20% class presentation; 65% written assignment (detailed outline and a minimum 25 page paper).
FORMAT: Lecture
LAWS 2280 Aboriginal Peoples and the Law
CREDIT HOURS: 3
This course will examine the legal position of Aboriginal peoples within Canada. The objective of the course is to engage with the unique legal and policy issues which must be understood and addressed to effectively work in the area of Aboriginal Law. Course materials will engage jurisprudence and legislation within the broader nexus of colonial history, aboriginal conditions and culture, and government programs and policies. Particular topics may include sources of law, unique constitutional provisions, the special position of Indian reserves, the nature of aboriginal title and rights, Indian treaties, fiduciary obligations, taxation, and self-government/self determination.
NOTES: Assessment Method: Evaluation will be by means of examination, with the possibility of assignments composing a portion of the grade.
This course may be counted towards a Certificate in Marine or Environmental Law.
LAWS 2281 International Commercial Arbitration
CREDIT HOURS: 1
Over the past two decades, there has been a significant increase in the number of cross-border commercial agreements that provide for international arbitration of the parties’ disputes. The study and practice of international arbitration is distinct to that of domestic litigation and, today, an understanding of international arbitration is essential for both transactions and disputes. On a practical level, for transactions, it is important to be able to negotiate arbitration clauses, while for disputes, advocates must understand the laws, rules, and practices of the various arbitral “seats” worldwide. More academically, international arbitration represents an area where states permit private parties to appoint private individuals (called arbitrators) to exercise judicial functions and decide on matters involving important parties, complex issues, and significant sums of money. This allowance gives rise to questions about the authority of these arbitrators and how far their reach extends.
NOTES: Assessment Method: Students will have a choice of: (A) drafting an international arbitral award based on a pre-determined fact scenario; OR (B) drafting an academic paper/essay on one of a number of pre-set topics in international arbitration.
RESTRICTIONS: Restricted to students in the JD or JD-combined programs (JD/MBA, JD/MPA, JD/MHA, JD/MLIS).
LAWS 2282 Aboriginal Peoples and the Law
CREDIT HOURS: 3
This course will examine the legal position of Aboriginal peoples within Canada. The objective of the course is to engage with the unique legal and policy issues which must be understood and addressed to effectively work in the area of Aboriginal Law. Course materials will engage jurisprudence and legislation within the broader nexus of colonial history, aboriginal conditions and culture, and government programs and policies. Particular topics may include sources of law, unique constitutional provisions, the special position of Indian reserves, the nature of aboriginal title and rights, Indian treaties, fiduciary obligations, taxation, and self-government/self determination.
RESTRICTIONS: Third year Students only. Students who registered in Advanced Aboriginal Peoples and the Law previously are not allowed to register for Laws 2282.
LAWS 2283 Cultural Property and Heritage Law in a Transnational Context
CREDIT HOURS: 3
This course examines the intersections between culture, heritage, property, and the law and focuses on the interactions between the law and tangible and intangible cultural objects, spaces, and heritage, both in the international context as well as the local context. The course will draw from the international realm of cultural heritage law and the human right to culture and heritage, Canada’s legal framework for the governance of cultural material and space, Indigenous perspectives, as well as local museum and archival policies and city-based heritage preservation strategies in order to undertake a selective overview and survey of topics including dispute resolution mechanisms pertaining to claims for the return of cultural objects; the transnational movement and trade of cultural material and art; divergent stakeholder interests in cultural property, such as universalist perspectives, decolonial approaches, and museum policies; and tools for the governance and management of cultural heritage spaces within cities.
This course is designed to create space for students to think critically about the topics covered in the course, engage with international frameworks for cultural heritage protection as well as local cultural heritage spaces, objects, and local legal frameworks for their protection. This course is also intended for students to work towards applying this knowledge to their own interest areas by crafting their own argument for and presentation of a cultural heritage space, property, object, or concept of their choosing. Utilizing a Discussion Leader format, there is time and space built into each class for students to further explore their own engagement with the class materials.
NOTES: This course may be counted towards a Certificate in Marine or Environmental Law.
LAWS 2285 Intensive: Special Topics in African Nova Scotians and the Law
CREDIT HOURS: 1
This intensive course will focus on special topics related to African Nova Scotians and the law using the African Nova Scotian context to ground a broader discussion of the topic’s impacts on Black people more generally. It will involve a different topic each year. The intensive will engage individuals who play leading roles in addressing the specific topic (academics, legal practitioners, social science researchers, community activists, policy makers) and will utilize a critical race approach to analyze the law’s role in creating, sustaining and redressing anti-Black racism.
NOTES: This course does not fulfill the law school’s major paper requirement.
LAWS 2286 The Visitorship in Indigenous Law
CREDIT HOURS: 1
This one-credit intensive course will be taught by a visiting professor and will focus on a select topic in the area of Indigenous Law. Assessment will be at the discretion of the instructor but will normally be a 2500-word reflection paper, or an equivalent mode of evaluation. The course will be part of the Aboriginal and Indigenous Law Certificate but does not count as a major paper course. Attendance at all classes is mandatory. Materials for the course will be available to the students at least one week prior to the commencement of the course.
NOTES: Students are not permitted to audit this course.
LAWS 2287 Revitalizing Indigenous Feminist Governance
CREDIT HOURS: 3
This course offers students an opportunity to learn and critically apply Indigenous Feminist concepts in examining gender Issues in Indigenous Governance and decision-making processes such as a Gender Based Analysis + (GBA+), decolonizing strategies, and a resurgence of Indigenous Women’s and Gender Diverse Persons’ ways of knowing and practices of governance. Critical policies and documents will be examined that Include the Truth and Reconciliation Calls to Action, the Indian Act, and the Reclaiming Power and Place: Executive Summary of the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls; and Canada’s new Impact Assessment Agency.
NOTES: Assessment Method: Combination of participation, Reading Summaries, Research Paper Proposal & short, annotated bibliography and Final Major Research Paper and presentation.
This course may be counted towards a Certificate in Environmental Law.
RESTRICTIONS: JD, and JD Combined Degree
LAWS 2289 Indigenous Law as Practice: Applying Mi'kmaq Legal Traditions
CREDIT HOURS: 2
Although Indigenous peoples governed their lands and lives for millennia, the imposition of British and Canadian law disrupted the transmission of Indigenous legal traditions in many communities. This made it difficult to practice Indigenous law. Canadian control of Indigenous governance undermined the ongoing reinvention of Indigenous governing institutions. This made it harder for leaders and families to encourage well-being within Indigenous communities. It also made it more difficult for Indigenous communities to effectively relate with other communities. Yet, all is not lost. Despite these problems Indigenous and other peoples can still choose to be guided by their own laws and values. Governance can be facilitated through the conscious adoption and creation of Indigenous law in the contemporary context. This course examines Indigenous legal principles and values and shows that they still exist as resources for decision-making in contemporary circumstances. Indigenous law and policies can be reinvigorated and reinvented to enhance decision-making within Indigenous communities today. The application of Indigenous law can develop community capacity, foster leadership, and influence well-being. Recapturing, revitalizing and newly developing Indigenous law can help communities develop resilience. Lawyers, judges and other legal actors can also benefit from understanding, applying and (where appropriate) incorporating Indigenous law in their agreements and activities with Indigenous peoples. This course examines Indigenous legal values and considers their application to promote the resurgence of Indigenous social, political, cultural and economic success life. Given our presence in Mi'kma'ki we will focus on Mi'kmaq law throughout the course. In line with this legal order, we will learn and apply Mi'kmaq methodologies in our time together. This will take us into stories, songs, the environment, and other embodied forms of learning, in addition to our engagement with books, articles and other readings.
NOTES: Assessment Method: Written Assignments and Class Participation
LAWS 2290 Special Topics in Aboriginal Law
CREDIT HOURS: 3
This course is designed to familiarize students with the current moment in Aboriginal law. Aboriginal law is experiencing a rapid evolution and we are seeing dramatic growth in the body of jurisprudence, critical scholarship and policy initiatives in the area. This course will examine the legal position of Aboriginal peoples within Canada. The objective of the course is to engage with recent jurisprudence and scholarship to assess where the future of Aboriginal Law and Indigenous-Crown relations are heading. the unique legal and policy issues which must be understood and addressed to effectively work in the area of Aboriginal Law. Course materials will engage jurisprudence and legislation within the broader nexus of Colonial history, aboriginal conditions and culture, and government programs and policies. Particular topics may include Aboriginal equality and human rights claims, the revitalization of Indigenous Law, the Truth and Reconciliation Commission Final Report, the United Nations Declaration on the Rights of Indigenous Peoples, Aboriginal rights and title, consultation, the criminal justice system and self-governance, sources of law, unique constitutional provisions, the special position of Indian reserves, the nature of aboriginal title and rights, Indian treaties, fiduciary obligations, taxation, and self-government/self determination.
NOTES: Assessment Method: A combination of major paper, class assignments and class participation.
EXCLUSIONS: Laws 2120.03, Aboriginal Peoples and the Law
LAWS 2291 Health Law and Policy: Current Issues I
CREDIT HOURS: 1
This course offers an opportunity for students to engage critically with a set of four lectures in health law and policy offered through the Health Law Institute seminar series. These lectures are presented by distinguished guest speakers from a variety of scholarly disciplines and professional fields related to health law and policy. Students enrolled in this course for academic credit are required to do readings in advance and to attend each seminar and accompanying tutorial. They will also write a series of reaction papers as well as a minor paper approximately 15 pages in length. The content of this course changes from year to year, depending on the speakers and issues selected for presentation. Recent topics have included conscientious objection by health care providers, euthanasia, mental health courts, medical science in the courtroom, legislating for catastrophic risk, and HIV testing, disclosure and prosecution.
ENROLMENT: 16
NOTES: Assessment Method: Reaction papers, one minor paper; seminar and tutorial attendance and participation.
EXCLUSIONS: LAWS 2193.02
LAWS 2292 Health Law and Policy: Current Issues II
CREDIT HOURS: 1
This course offers an opportunity for students to engage critically with a set of four lectures in health law and policy offered through the Health Law Institute seminar series. These lectures are presented by distinguished guest speakers from a variety of scholarly disciplines and professional fields related to health law and policy. Students enrolled in this course for academic credit are required to do readings in advance and to attend each seminar and accompanying tutorial. They will also write a series of reaction papers as well as a minor paper approximately 15 pages in length. The content of this course changes from year to year, depending on the speakers and issues selected for presentation. Recent topics have included conscientious objection by health care providers, euthanasia, mental health courts, medical science in the courtroom, legislating for catastrophic risk, and HIV testing, disclosure and prosecution.
ENROLMENT: 16
NOTES: Assessment Method: Reaction papers, one minor paper; seminar and tutorial attendance and participation.
EXCLUSIONS: LAWS 2193.02
LAWS 2293 Law and Public Policy in Practice
CREDIT HOURS: 3
The objective of this course is to provide students with an understanding of the decision making processes that create laws so that they will be better able to impact and shape future laws and regulations. Students will be provided with the foundations necessary to craft strong public policy and legal strategy. They will then work with concrete case studies analyzing the steps, arguments and decision making which have led to the particular legislative amendments of the drafting of a new law or legal framework or the failure to achieve change. Finally, students will identify an emerging public policy challenge and develop a proposed strategy to advance an argument for change. The goal of the course is to strengthen skills in defining the problem at issue, identify one or more strategies to resolve the issue and craft an evidence based sophisticated public policy or legal argument to advocate for change.
NOTES: Evaluation Method: Evaluation: 15% class participation, 20% class presentation; 65% written assignment (detailed outline and a minimum 25 page paper). This course does not fulfill the major paper requirement.
FORMAT: Lecture
LECTURE HOURS PER WEEK: 2
LAWS 2295 Criminal Appeals Practice
CREDIT HOURS: 3
This course will provide students with a broad overview of criminal appellate practice. Legal principles and practical skills will be enhanced via lectures, mock case materials preparation, in- class exercises and a mock appellate moot. Topics potentially covered include: appellate litigation strategy; seeking leave to appeal; bail pending appeal; Summary conviction appeals and questions on forum; appeals to the Supreme Court of Canada; intervenors and the public interest; appellate reasons and judicial decision-making; and self-represented litigants and access to justice on appeal. Students are expected to have strong legal research and writing skills and proficiency in criminal and evidence law. Classes are held one evening per week during the Winter term.
NOTES: Assessment Method: Class participation 10%, merit assessment memo 20%, in-class exercises 30%, mock facta 20%, mock appeal hearing 20%
COREQUISITES: Laws 2091, Criminal Procedure and Laws 2008, Evidence
LAWS 2296 Canadian Patent Drafting Competition
CREDIT HOURS: 3
This course allows students to deepen their knowledge of the theoretical and practical aspects of patent law, examining concepts such as prior art and enabling disclosure (through description, claims and drawings). To this end, students are asked to prepare and submit a complete patent application pertaining to the hypothetical invention in accordance with the rules provided. Additional instructions for the preparation of the patent application may accompany the hypothetical invention. The patent application is submitted in writing as well as defended orally during the Competition. The patent application is reviewed by assigned judges prior to the Competition. Furthermore, the patent application is adjudicated at the Competition along with the student presentation by a panel of judges, selected by the Organizing Committee from the legal profession, patent examiners, academia or special guest judges.
Participation is open to two or three 3rd year students, by way of an application process in the Fall term of their second year.
NOTES: Assessment Method: Research, written patent application and oral presentation of drafting strategy and participation as a member of the team both during the preparation and during the Competition itself.
FORMAT COMMENTS: 3 credits, in the Winter term. Preliminary work will be required during the Fall.
PREREQUISITES: Laws 2178, Intellectual Property Law
LAWS 2297 International Sexual and Reproductive Health and Rights Practicum
CREDIT HOURS: 3
This course provides students with the opportunity to study sexual and reproductive health and human rights law through real-world international advocacy in partnership with a field-based non-governmental organization active in the U.N. system. During the
first six-weeks of the course, students attend weekly two-hour seminars that explore the global sexual and reproductive health and human rights field, introduce U.N. human rights instruments and governance structures, and involve skills-based drafting, negotiation and advocacy exercises. Thereafter students undertake independent legal research and analysis projects in support of a current advocacy initiative of the partner organization to advance sexual and reproductive health and rights in the U.N. system. Projects may include, for example, analytical reviews of U.N. resolution texts, policy or strategy briefs, mapping and trend analyses of state voting or sponsorship, and information communiqués.
NOTES: Maximum 6 students. Students are required to submit a C.V., a law school transcript and a writing sample to the faculty instructor for application to the course.
Assessment Method:
• Substantial written assignment/project (25-30pp) (75%),
• Satisfaction of work log, works-in-progress, and meeting requirements (15%), and
• Seminar attendance and participation (10%)
LAWS 2298 Advanced Commercial Drafting: Private Equity and Public M&A
CREDIT HOURS: 1
This course will provide an introduction to commercial drafting in the context of M&A transactions and the practical and legal issues faced by corporate lawyers in structuring, negotiating and completing deals. In particular, the course will include an overview of the start-to-finish process of an M&A transaction (both private and public), breakdown and analyse the key terms of M&A agreements, and feature related drafting exercises. With a view to easing the transition between law student and legal practitioner, this course will also include a component which focuses on the role of a student/junior lawyer in a transaction.
NOTES: Assessment Method: Take-home and in-class drafting exercises. Ultimate grade is on Pass/Fail basis
FORMAT COMMENTS: This is an intensive course. Sessions will include a robust discussion component and contract negotiation and drafting exercises.
PREREQUISITES: Business Associations
RESTRICTIONS: Restricted to students in the JD or JD-combined programs (JD/MBA, JD/MPA, JD/MHA, JD/MLIS).
LAWS 2299 Advanced Contract Drafting and Negotiation: International Finance
CREDIT HOURS: 1
This one-credit intensive course, taught by an international lawyer with extensive commercial contract negotiation and drafting expertise provides students with an opportunity to develop their international commercial contract drafting and negotiation skills. The course will address the fundamental components of most international commercial contracts; basic commercial contract interpretation; aspects of contract risk management; and some basics of contract negotiation.
The course will include an overview of an international finance transaction, the key elements of the transaction process and documents and drafting related drafting exercises.
The course will be run as an interactive workshop. Students draft elements of a commercial contract and discuss how to navigate and resolve disputes about the design of particular terms. The workshop assumes that students will be negotiating contracts in a global world; as a result, it will address variances in the approaches of lawyers in different jurisdictions to contract drafting.
NOTES: This course does NOT fulfill the law school's major paper requirement. This course qualifies for the business law specialization in category “c”.
Assessment Method:
The course will be graded as pass/fail, based on class participation and negotiating and drafting a basic commercial contract.
PREREQUISITES: Business Associations
RESTRICTIONS: Students who enroll in Advanced Commercial Drafting: Private Equity and Public M&A cannot enroll in this intensive.
LAWS 2301 Qualitative Methods and Interviewing for Lawyers
CREDIT HOURS: 1
This one credit intensive course , will provide theoretical, critical, practical and experiential learning relating to the practice of interviewing as a qualitative method used to gain information, insight and understanding in a variety of contexts. The course will examine, among other things, client centered approaches to interviewing and counselling with a focus on building productive relationships. The course will look at how lawyers can develop holistic, culturally sensitive interviewing practices. Topics will include: client centered interviewing; what clients want from their relationship with their lawyer; cross-cultural comparative perspective; and practical skills for building strong client relationships; various interviewing techniques; role-play and practical skills.
NOTES: This course does not fulfill the law school's major paper requirement. Attendance at every class for the entire class is mandatory for this course. This course will be pass/fail, based on class participation (including interview simulations) and a take-home Reflective Essay of 3000 words . Students will be provided with a detailed course outline which will include readings to be completed before the first class, information on the Reflective Essay assignment, and the due date of the essay assignment. Pass/Fail.
FORMAT COMMENTS: The course will run on a Friday evening, all day Saturday, and then the following Saturday. (Total of 12 hours)
RESTRICTIONS: Students are not permitted to audit this course.