A survey of jurisprudential theory in the context of the law of torts. Various schools of thought will be examined, including natural law and rights theory, law-and-economics theory, feminist theory, and the critical legal studies movement. Fundamental issues of particular relevance to tort law will also be examined.
LAW 396.3
Objectivity in Law 1/2(2S-1R)
A "Legal Perspectives" seminar that analyzes the concept of "objectivity" and its role in law. Claims of "objectivity" are routinely made in law for what are purportedly findings of 'fact', either simple or complex, as well as for complex and overtly normative or value-laden determinations of mixed 'fact' and 'law'. Invites the student to develop critical and analytic skills through examination of the theoretical foundation and conceptual framework for such claims. The materials studied will include selections from a variety of writers, including the social sciences, epistemology, and ethics. Use will be made of selected legal cases, facta, and case studies to permit discussion of theory as it applies to concrete legal issues. A historical, cross-cultural theoretical perspective will be included and the approaches taken by contemporary writers (legal realist/ feminist/ critical/ liberal/post-modernist, etc.) will be compared.
LAW 401.3
Securities Regulation 1/2(2L-1R) Corequisite(s): LAW 361.
An introduction to the principles of securities regulation in Canada and an examination in some detail of The Securities Act 1988 (Saskatchewan) the National Uniform Act and Local Policies, and General Rulings and Orders. Examines the definitions of key concepts such as "security", "trade", "distribution", "full true and plain disclosure", and "material fact". A historical perspective will provide the starting point, and the basic scheme of the regulatory system will be covered, including registration and prospectus requirements, continuous disclosure, insider trading and reporting, take-over bids, and minority shareholder rights. Special emphasis will be given to the exemptions available for financing activities prior to or instead of a public offering.
LAW 402.3
International Commercial Transactions 1/2(3L) Prerequisite(s): LAW 302 and 303.
Addresses a variety of issues that arise in the context of international private sales transactions and the law that is applicable to their solution. Introduction to basic conflict of laws (private international law) rules that determines how the law to a particular contractual issue is determined. Examines the United Nations Convention on Contracts for the International Sale of Goods and explores the effect of its application to central features of an international sale of goods contract. Considers delivery contracts and standarized delivery terms. Examines methods of payment and security mechanisms such as letters of credit (governed by the Uniform Customs and Practices for Documentary Credits), security agreements, financing leasing, factoring, standby letters of credit and export credit insurance. Introduces new international instruments such as the Convention on International Interests in Mobile Equipment, 2001 and the Convention on Assignments in Receivable Financing, 2002. Since dispute settlement through international arbitration is a common feature of modern international contracting, both domestic arbitration law (The Arbitration Act) and international arbitration law (International Arbitration Act) are considered in detail.
LAW 403.3
Advanced Secured Transactions 1/2(2S-1R) Prerequisite(s): LAW 302 and 303.
Seminar designed to give students who have taken the course in Secured Financing in Canada the opportunity to undertake research projects examining a range of legal issues that arise in the context of secured financing involving both personal property and land.
LAW 404.3
Debtor Creditor Law 1/2(3L)
The enforcement of a judgment for the payment of money entails resorting to the specialized system of law that constitutes the subject of this course, The various methods of judgment enforcement are examined, including execution against goods, intangibles and interests in land; exemptions from execution; equitable execution; charging orders and garnishment. In addition, features of the system that are incidental or peripheral to the enforcement of judgments are examined, including distribution under The Creditors Relief Act, interlocutory injunctions, pre-judgment garnishment, fraudulent conveyance and fraudulent preference actions, and enforcement of foreign judgments.
LAW 405.3
Advanced Criminal Law 1/2(2S-IR)
The focus of the seminar is on substantive criminal law with an emphasis on a critical analysis of criminal liability and criminal responsibility. Topics to be studied include acts, agency, choice, voluntariness, causation, consent, mens rea and fault, the use of objective and subjective tests in criminal law, and the empirical basis and ethical and political justifications for the defences of automatism, drunkenness, provocation, duress, necessity, and self-defence. The challenges that social and cultural diversity pose for the principled development of substantive criminal law will be considered throughout.
LAW 406.3
Law and Culture 1/2(2S-1R)
This interdisciplinary seminar explores legal culture within the larger cultural contexts that it shapes and is shaped by. In studying the ways in which law and cultures intersect in history, theory, and practice, students will enhance their critical understanding of the independence and interdependence of law and justice; the value of cultural theory in reading legal texts; the challenges and opportunities of inter-cultural perspectives; the role of media images of the law and lawyers; issues of race, gender, class, commodification, and sexuality; the construction of public and private spheres; censorship and intellectual property; agency and accountability; cultural myths and narrative powers.
LAW 407.3
Bankruptcy Insolvency and Receiverships 1/2(3L) Prerequisite(s): LAW 404.
Designed to give participants an opportunity to examine in greater scope and detail the system and basic concepts of bankruptcy and insolvency law and the equitable law of receiverships.
LAW 408.3
Multi Party Negotiation 1/2(2S-1R)
This seminar offers theoretical understandings and skills development in negotiations involving multiple parties seeking to revise their institutional, i.e. legal and policy – relationships. Such negotiations include international multi-lateral negotiations, domestic constitutional negotiations, or any large scale negotiations involving multiple stakeholders with political, economic, cultural and legal relationships with one another. Such negotiations often take place in the context of long-standing social conflict. Beginning January 2004, the seminar may be delivered in a distributed learning format involving on-line learning, multi-media interaction, and students at other law schools. Evaluation in the seminar is based on a participation in a negotiation and simulation and a 35-page analytic paper.