Instructor(s): Simon Stern

Note: This course satisfies the Perspective course requirement.

This course will offer a comparative and conceptual perspective on some of the tools, methods, and distinctions that courts use to solve problems, drawing primarily on ones that judges tend to invoke explicitly, but including some that have emerged in the scholarly literature. These will include:  rules/standards, fact/law, the reasonable person, tests (balancing/multi-factor), exclusionary rules, property rules/liability rules, deeming provisions, presumptions, burden-shifting provisions, and acoustic separation. The list will be somewhat flexible, with the aim of choosing some of the later topics according to student interest. The reading will include Canadian, American, and British cases from a range of areas (e.g., constitutional law, evidence, procedure, criminal law, intellectual property, statutory interpretation) and some scholarly writing. We will take up one of these topics each week, reading cases demonstrating the uses and limits of these devices, and scholarly discussions examining them.

Evaluation
A research paper of 5,000-6,250 words (80%); a short discussion paper of 500 – 750 words (10%) and class participation (10%).
Academic year
2019 - 2020

At a Glance

Second Term
Credits
3
Hours
2
Perspective course

Enrolment

Maximum
25

20 JD
5 LLM/SJD/MSL/NDEGS/SJD U

Schedule

M: 10:30 - 12:20