J.D. - Upper-level applicants

301

Law 301 The Administrative Law Process

This course investigates the nature and function of the administrative process with particular reference to the development of tribunals and agencies with a wide variety of disparate functions and interactions with private life. Similarly, the course investigates the way in which tribunals and courts interact, with specific reference to the judicial arsenal available for the control of administrative behaviour. (2.0 units)

Law 302 Criminal Law: II

This course builds naturally upon the first year course in Criminal Law Process (Law 102) with specific reference to defences and offences. In-depth study of such matters as conspiracy, attempts and counseling, as well as the substantive offences of homicide, fraud and contempt of court are carefully analyzed. Major defences including double jeopardy, insanity, automatism and self-defence are scrutinized. (1.5 units)

Law 303 Criminal Procedure

Procedural protections pervade the area of Criminal Procedure. It is crucial that an advocate intending to act on behalf of a client in a criminal matter be aware, not only of the specific mechanics of criminal procedure, but of its underlying philosophy and goals. Hence this course undertakes the study of such matters as jurisdiction, election and re-election, particulars, discovery, the indictment, plea bargaining, abuse of process, juries, and the trial and appellate processes. (1.5 units)

Law 304 Criminal Law Term

This course will provide students with a comprehensive understanding of the criminal process from its inception through the trial process and the corrections system. It is an intensive immersion program which will consider criminal procedure, sentencing and corrections, substantive criminal law, trial process and the law of evidence. Through a flexibly-designed program, students will consider all the major issues confronting the administration of criminal law. Note:Only part-time students may enroll for less than 5.5 units. Part-time students are required to consult with the professor before registration in LAW 304 in order to make necessary accommodation arrangements and they are encouraged to complete LAW 302 Criminal Law II and LAW 303 Criminal Procedure before enrollment in LAW 304. This course is usually offered every two or three years, where resources permit, and has a maximum enrolment of fourteen students. The required prerequisite is Law 309 Evidence; the required co-re quisites are Law 302 Criminal Law II and Law 303 Criminal Procedure. (3.0 to 7.5 units)

Law 305 Law, Theory and Practices of Sentencing

This course is designed to introduce students to the law, theory and practices of sentencing. The course will provide a brief overview of the historical development of punishment and sentencing, followed by an analysis of the theoretical basis for understanding the aims, purposes and justifications for punishment. The remainder of the course will involve a detailed examination of the various sentencing options and the basic principles and rules of sentencing, including the rules governing sentencing hearings. (1.5 units)

Law 307 Civil Procedure with Drafting

This course is founded on an inquiry into the functions of a modern procedural system. Specific reference is made to the development of a process, which considers the extent to which the specific system under study, aids in the achievement of just, speedy and economic resolutions of justiciable conflicts on their merits. Students are introduced to the basic structure of a civil action and major items for consideration throughout the development of civil litigation. As a result, such matters as the expenses of litigation, jurisdiction, initial process, pleadings, amendment, joinder, discovery, disposition without trial and alternatives to adjudication are discussed. (1.5 to 2.0 units depending on whether the course includes a concentration in drafting)

Law 309 The Law of Evidence

This course examines the objective structure and content of the law governing proof of facts in both civil and criminal trials, as well as before administrative tribunals. Rules of evidence respecting burdens of proof and presumptions, competence and compellability of witnesses, corroboration, hearsay, character, opinion evidence and a variety of other topics are critically examined in the light of the objectives of the legal process. (2.0 units)

310

Law 310 Restitution

Restitution is the body of doctrine based upon the principle of preventing "unjust enrichment" that stands as an independent discipline along side contract and tort as part of the general law of obligations. The course will focus upon the four major substantive grounds upon which a right to restitutionary relief arises: benefits conferred by mistake; benefits conferred in the course of an ineffective transaction; benefits conferred as a result of wrongdoing; and benefits conferred in a non-officious context. The course will also examine the various restitutionary remedies – both at common law and in equity – that are available to redress an unjust enrichment. Endeavor will be made to illustrate the breadth, scope and utility of the subject and, in particular, its ability to cut across traditional boundaries to solve legal issues in a creative fashion. (1.5 units)

Law 311 Regulation of Financial Institutions

The role played by Canadian banks, insurance companies, and trust and loan companies as financial intermediaries in our society and the need for a supervisory framework to protect both the soundness and safety of these institutions and the security of their customers are central to this course. Topics will include risk management, capital adequacy, business and investment powers, the ownership regimes, corporate governance, jurisdictional issues, foreign banking, consumer insurance schemes, institutional failures and work-outs, and multi-national agreements dealing with financial services. Focus will be concentrated on the governing legislation, financial statements, and contemporary issues presented in the business press. (1.0 unit)

Law 312 Debtor and Creditor Relations

This course examines the remedies available to the unsecured creditor for the collection of debts, and the protections afforded to debtors. It looks at prejudgment remedies, the garnishment of wages and other debts, execution against real and personal property, fraudulent conveyances and preferences. The regulation of collection agencies and credit reporting companies is also canvassed, as is consumer bankruptcy and insolvency. (1.5 units)

Law 313 Securities Regulation

An overview of the law and policy aspects of securities regulation including the initial distribution of securities, the regulation of secondary market trading, takeover and issuer bid regulation and the regulation of securities market intermediaries. The recommended prerequisite or co-requisite is Law 315 Business Associations. (1.5 units)

Law 314 Commercial and Consumer Law

This course focuses on the study of law pertaining to the sale of goods including an examination of the Sale of Goods Act, the Trade Practices Act and the Consumer Protection Act. Students are also introduced to the Vienna Convention on the International Sale of Goods. (1.0 to 1.5 units)

Law 315 Business Associations

This course analyzes and discusses the various legal forms for carrying on trade. The course recognizes that the corporation is of immense commercial and legal significance as an organizational form and will hence stress legislation and materials respecting the modern company. Students will, however, be exposed to sole proprietorship, partnership and related agency principles. (2.0 to 2.5 units)

Law 316 Secured Transactions and Negotiable Instruments

This course examines various forms of chattel security, chattel mortgages, conditional sales, assignment of book debts, debentures, s.178 of the Bank Act, personal guarantees, and the law of negotiable instruments. (2.0 units)

Law 317 Real Property Transactions

This course adopts a transactional perspective and analyzes the development of a real property transaction from its inception to post completion. Specific reference is made to listing the property for sale and the responsibilities and obligations of the agent under the Real Estate Act, specific matters relating to the interim agreement, financing of the purchase and assessment of title as well as preparation of the file for closing. Brief consideration is given to condominium law and landlord and tenant relations. (2.0 units)

Law 318 Remedies

This course highlights the interaction between the various substantive areas of private law: tort, property, contract and restitution. Additionally, the interaction between the common law and equity systems is developed conceptually and historically. The course concerns itself with questions regarding damages, specific remedies, and restitution as well as analysis of alternative methods of remedial action through compensation schemes. (2.0 units)

Law 319 Trusts

This course concerns the trust as a mode of disposition of property for the benefit of successive or single beneficiaries; the contrast is made with absolute dispositions. Comparison is made with other concepts of obligation and property holding. The creation, administration, variation and termination of express trusts are examined as are the theory and applicability of resulting and constructive trusts. (1.5 units)

320

Law 320 Succession and Estate Planning

This course involves the study of testate and intestate succession. The principles of the law of wills, both common law and statutory, and the statutory provisions for the devolution of intestate estates are examined. The drafting of wills is a feature of this course. Estate planning involves a general examination of the disposition of assets in life and on death against the background of income, inheritance and gift taxes. The recommended pre-requisite is Law 319 Trusts. (1.5 units)

Law 321 Competition Law

This course traces the development of competition law from the common law doctrines of restraint of trade through the areas of trademarks and statutory regulation of competitive practices contained in anticombines and competition law, with an examination of the policy and theory underlying government regulation of restrictive trade practices. (1.5 units)

Law 322 Family Law

This course considers the institution of the family, both in its social and legal contexts. Specific reference is made to the law relating to adoption, reproduction, violence in intimate relationships, marriage, divorce, custody, matrimonial property and support. Particular attention is paid to the manner in which family law both shapes and is shaped by social practices and ideologies. (1.5 units)

Law 324 Children and the Law

Considering such questions as adoption, affiliation, child protection, juvenile delinquency, custody and access, this course focuses on the impact of law and legal institutions on children and their relations in society. The course brings the knowledge and expertise of specific, related disciplines to bear on the development of law and legal institutions in this area. The recommended pre-requisites or co-requisites are Law 322 Family Law and Law 301 Administrative Law. (1.0 to 1.5 units)

 

Law 326A The Individual Employment Relationship

The focus of this course is the law relating to the independent employment relationship. The course covers the legal background and contemporary context of employment, the formation of the employment relationship, the rights and obligations of employers and employees under the contract of employment and protective legislation, the termination of employment and enforcement mechanisms. Although British Columbia is the focus, there is a comparative dimension. (1.5 to 2.0 units)

Law 326B Labour Law

This course is an introduction to labour law focusing on the decisions of courts, arbitrators and administrators in a collective bargaining setting based on legislation. The course will also cover collective bargaining for public servants and essential services employees under specific legislative regimes. The tension between industrial pluralism and human rights in collective bargaining will be examined. Note:  Credit will be granted for only one of Law 326 and Law 326B. (1.5 to 2.0 units)

Law 327 Jurisprudence

A wide variety of topics are considered in this course in order to develop a theoretical framework for the study of law in society. An attempt is made to locate current debates in legal theory within a broader intellectual context. (1.5 units)

Law 328 Green Legal Theory

A seminar based on a selected theme in environmental law and policy; individual research, presentation and contribution to a collected work on the theme is required. Open to upper year students in the Faculty of Law and students with at least fourth year standing in the Environmental Studies Program. (1.5 units)
Note: Law students should consult with the instructor prior to enrollment. Environmental Studies students require the permission of the Director of Environmental Studies. Limited enrollment. Not open to students registered or with credit in ES 419 or 450.

Law 329 Environmental Law

The goal of this course is to provide students with an appreciation of the complexities, limits and possibilities of law as a vehicle of environmental protection. Topics covered include constitutional issues in environmental law and policy, criminal enforcement of environmental laws, environmental planning and assessment, habitat and wilderness protection, market instruments for environmental protection, public interest environmental litigation, and environmental justice issues. (1.5 units)

330

Law 330 Public International Law

Public International Law concerns the legal relations of states and the individuals who compose them. This course explores the way in which sovereign powers choose to govern their interrelationships and analyzes the problems which confront them. Topics include an examination of the international legal system, modes of international law creation and law enforcement as well as the process of international adjudication. (1.5 units)

Law 331 International Ocean Law

Pirates, high seas driftnet fishing, the Northwest Passage, and the "Line of Death" are all subjects that are covered in this course. All of these topics involve how states, in particular Canada, regulate, enforce and manage the major uses of the oceans: vessel navigation and marine resource conservation and exploitation. The centre of the course is the contents, interpretation and gaps of the 1982 United Nations Convention on the Law of the Sea which is seen as the "constitution of the oceans". (1.0 to 1.5 units)

Law 332 International Trade Law

International trade constitutes a crucial 30 percent of Canadian economic activity and this course explores the major legal and policy aspects of the international trade regime in which the Canadian economy operates. The principal emphasis is on the General Agreement on Tariffs and Trade (GATT) and Canada's international obligations thereunder, as well as Canada's trade relationship with the United States. A central feature of this course is the attention paid to US trade law, its operation and impact on Canada. (1.5 units)

Law 333 Social Welfare Law

This seminar is designed to help students develop an understanding of the role of law, lawyers, and the legal system in addressing the problem of economic disadvantage. Topics include the origin and development of the Canadian welfare state, case studies of the issues of work, housing and income security, and the practice of poverty law as a strategy for change. (1.5 units)

Law 334 Environmental Law and Public Administration

This course examines environmental management in the context of municipal governance and administration. The theoretical context of the course is found in the application of a transdisciplinary "eco-system based" approach to public administration and legal regulation. The course examines the vehicles by which local and higher levels of government undertake land use planning, maintain water quality and quantity, plan transportation infrastructure, and manage terrestrial resources (agriculture and forestry). The course focuses on the Capital Regional District and member municipalities, with examples from other jurisdictions. The recommended prerequisite or co-requisite is Law 329 Environmental Law. (1.5 units)

Law 336 Collective Agreements: Negotiation and Arbitration

Building on the material covered in Law 326B, this course involves the study of collective bargaining and the administration of collective agreements in the private and public sectors. Topics include grievance and arbitration procedures, management's rights, discipline, health and safety, job security and human rights. Included, is a mandatory, day long, collective bargaining simulation. The required prerequisite is Law 326 Employment Law or Law 326B Labour Law. (1.0 to 1.5 units)

Law 337 Dispute Resolution: Theory and Practice

This course examines the forms and functions of major dispute resolution processes: mediation, negotiation and adjudication. These are the processes which are critical to lawyers and other persons concerned with preventing or resolving disputes. Both court adjudication and alternative dispute resolution (ADR) is studied from theoretical, critical and practical perspectives. The course also examines and develops the skills used in various dispute resolution procedures. (1.0 to 1.5 units)

Law 338 Mediation and Lawyers

This course involves an in-depth and critical examination of the use of the mediation process to resolve a wide variety of substantive disputes involving business, family, criminal, environmental, international, and public policy issues. The course will provide students with an opportunity to review and evaluate contemporary perspectives on the mediation process and to develop skills that successful mediators employ in helping parties resolve their disputes. This course builds on the concepts studied in Law 337. (1.5 units)  The required prerequisite is Law 337.

Law 339 Legal Theory Workshop

This seminar explores the interdisciplinary nature of legal studies by considering the contributions of 20th century social theory to legal thought. Topics which are canvassed include analyses of law and legal systems from sociological, economic and philosophical perspectives. (1.5 units)

340

Law 340 Indigenous Lands, Rights and Governance

This course examines the major legal issues concerning Indigenous peoples (Indian, Inuit and Metis) in Canada. It will explore the development of Canadian case law relative to these groups and its simultaneous preservation and dispossession of Indigenous people's rights. Comparisons will be drawn from other countries dealing with Indigenous Rights. In exploring these issues the course will also examine aspects of legal pluralism, and assess a variety of normative and political justifications for aboriginal rights (1.5 units)

Law 341 Historical Foundations of Aboriginal Title and Government

This course introduces students to Aboriginal title and self-government in their historical context. The focus is on common law, constitutional and statutory law in relation to Aboriginal title and rights, but reference is also made to the treaty process, reserve lands, and hunting and fishing. Although the course deals with all parts of Canada, the emphasis is on British Columbia. (1.5 units)

Law 342 Immigration & Refugee Law

This course examines immigration and refugee law, policy and practice. Topics considered include historical perspectives, constitutional jurisdiction, the admission of immigrants, visitors and refugees, exclusion and removal, the acquisition of citizenship and the process of inquiries, appeals and judicial review. Relevant aspects of international law are covered. Students are given an opportunity to consider immigration and refugee law from a comparative perspective, with particular focus on the Asia-Pacific region. (1.5 units)

Law 343 Contemporary Issues in Law

This course provides a vehicle for examining specific issues which are contemporary and problematic. Each issue is examined in the light of existing legal rules, social and related implications, the legal process and possible reform. Courses which have been offered under this heading in previous years include: Sexuality, Reproduction and the Law; Information Technology Law; Aboriginal Women and the Law; Cultural Diversity and Human Rights; Law and Policy in Southeast Asia; Sexual Orientation and the Law; Ecosystem-Based Management for Urban Areas; Telecommunications, Media and Entertainment Law; Intellectual Property; Cultural Intellectual Property; Regulation of Financial Institutions; Ethical Problems in Criminal Law; Constitutional Litigation Seminar; Sports Law; The Delgamuuk Case and Aboriginal Rights Law; Global Issues; Patent Law; Law & Public Policy and International Dispute Resolution. Some of these topics have since become regular courses in the law school curriculum. Students may take the course for credit more than once. (0.5 to 2.0 units)

Law 344 Insurance Law

This course examines the theory and elements of the practice of insurance law with reference to the most common forms of both first party and third party insurance: property, life and motor vehicle. (1.5 units)

Law 345 Taxation

This course covers the basic principles of income tax law including such issues as taxable income, income from employment, business or property, and capital gains. It also deals, in a general way, with policy underlying certain aspects of the Income Tax Act and provides an introduction to certain specific provisions of that Act, concentrating primarily on personal income tax law. (2.0 units)

Law 346A Advanced Taxation: Corporations

This course builds on the concepts studied in Law 345 and concentrates on three main subject areas: (a) tax policy, research and statutory interpretation; (b) taxation of corporations and their shareholders; and (c) international taxation. The required prerequisites are Law 345 (Taxation) and Law 315 (Business Associations). (1.0 to 1.5 units)

Law 346B  Advanced Taxation: International Taxation

This course builds upon the concepts studied in Taxation (345) and is concerned primarily with the international tax system as it functions in respect of Canadian income tax treatment of non-residents (both individuals and corporations) on Canadian source income and tax treatment of foreign source income of Canadian residents.  The course will include the study of Canada's tax treaties, taxation of Canadian corporations on income of foreign subsidiaries and branches, and other aspects of international taxation. The required pre-requisite is: Law 345 (Taxation).

Law 315 (Business Associations) is also recommended. (1.0 to 1.5 units)

Law 347 Intellectual Property

A study of the concept of intellectual property and the principles and policies of selected areas of intellectual property law, primarily:

• registered trade marks and related common law provisions; and
• copyright in its categories of literary, dramatic, musical and artistic works with a focus upon newer technologies such as photocopying, videotaping and computer programming.

In addition, the course includes a brief introduction to the law and policies of patents, industrial designs and confidential information. Where appropriate, attention is drawn to the interrelationship and boundary issues between the categories that together comprise the subject of intellectual property. (1.5 units)

Law 348 Managing Intellectual Property

A consideration of legal and business strategies in the protecting, managing and marketing of technologies of global significance under the rubric of intellectual property. Primary attention is given to computer software in the context of patent, copyright and trade secret law, including confidentiality and non-competition agreements in the market place. General patent law and its application to pharmaceutical and bio-technological commodities is included. The recommended prerequisite or co-requisite is Law 347 Intellectual Property. (1.5 units)

Law 349 Business Law Clinic

Using a clinical approach, this course allows students to apply knowledge gained in Law 315 Business Associations, as they assist small business owners and those who are considering going into business to assess their legal requirements. By working with the Clinic Counsel and with the mentors from the Victoria Bar, students develop practical legal skills and examine the role of the legal profession in the small business environment. With the approval of the Associate Dean and instructor, students may enrol in this course twice, provided that the total credit for the course does not exceed 3.0 units. See the Business Law Clinic's website at www.business.law.uvic.ca. The required prerequisite or co-requisite is Law 315 Business Associations; the recommended prerequisite or co-requisite is Law 347 Intellectual Property. (1.5 to 3.0 units)

350

Law 350 Clinical Law Term

Clinical legal education is predicated upon the assumption of a recognized role within the legal system by the law student. The experience gained from the participation in the role becomes the focus for reflection and examinations of substantive legal rules, procedural and strategical positions, and introspective critical analysis of the role of the lawyer in the legal process. This process requires a carefully supervised program with manifold opportunities for one-to-one instructor student supervision and regular group sessions. Programs envisaged take place in a community law office and the maximum enrolment is fourteen students. Only part-time students may enrol for fewer than 7.5 units and are required to consult with the professor before registering in order to make necessary accommodation arrangements. The required prerequisite is Law 309 Evidence; the recommended prerequisites or co-requisites are Law 303 Criminal Procedure and Law 322 Family Law. (7.5 units)

Law 352 Exchange Law Term

With the permission of the Dean, or Dean's designate, where the Faculty of Law has entered into an exchange program or agreement with another law faculty in Canada or elsewhere, a student may be permitted to enrol in this term for up to 8.0 units towards her or his LL.B. degree at the University of Victoria. The terms and conditions of a student's enrolment in an exchange term, the number of credits for which the student may be enrolled, and the requirements for successful completion of the term, are governed by the regulations adopted by the Faculty for this program. (6.0 to 8.0 units)

Law 353 Environmental Law Centre Clinic

This course offers students the opportunity to study the theory and engage in the practice of public interest environmental lawyering in a clinical setting. Under the direction of the course instructor, students will engage in Environmental Law Centre activities such as the provision of legal information and public legal education and will engage in environmental law research projects for lawyers acting for community-based environmental groups and Aboriginals. The course involves weekly seminars in which project-related environmental issues will be analyzed and public interest lawyering skills will be developed. With the approval of the Associate Dean, students may be awarded credit for this course twice provided the total credit does not exceed 4.0 units. (1.0 to 2.0 units) 

Law 353A  Environmental Law Centre Clinic - Intensive Stream

Intensive public interest environmental law clinical program in which students are supervised as they assist conservation, community and First Nations organizations with legal representation, advocacy services and advice.  Students receive training in client interviewing and counseling, negotiation, file management, professional responsibility and litigation practice and specialized tutorials tailored to each project's specific issues.  Students are required to enroll in this course twice, in both fall and spring terms of a single academic year. Required pre- or co-requisite is Law 329 Environmental Law.  Required co-requisite is Law 353 Environmental Law Centre Clinic in both terms in which the student is enrolled in Law 353A. (2.0 units)

Law 354 Forest Law and Policy

This course assesses the record of reform in a variety of areas (including forest tenures, practices, stumpage, cut regulation and land use planning) against the overarching metric of sustainability. A disciplinary approach is used. The course also considers emerging topics such as forest certification and First Nations forestry. (1.5 units)

Law 355 Legal Skills

This course uses materials from substantive law to examine and develop the skills of the lawyer in interviewing, counseling and negotiating. The recommended prerequisites or co-requisites are Law 307 Civil Procedure with Drafting and Law 309 Evidence. (2.0 units)

Law 356 Advocacy

This course involves a critical analysis of the trial process including the demonstration and evaluation of various techniques of advocacy and their relationship to the law of evidence and procedure. In particular, the objectives and techniques of pretrial motions, examinations for discovery, examination and cross-examination of witnesses, exhibits and the presentation of legal argument are considered. The required prerequisite is Law 309 Evidence; the recommended prerequisite or co-requisite is Law 307B Civil Procedure with Drafting. (2.0 units)

Law 357 Sexual Orientation and the Law

This course explores how the law treats gay, lesbian, bisexual, two spirited, transgendered and queer persons differently than heterosexuals either because of its substantive content or because of its application in practice by courts and tribunals. Legal issues will be considered in their historical, social and political contexts. Some comparative analysis will be included. Particular topics to be considered in depth will be selected by the instructor in consultation with students. (1.5 units)

Law 358 Race, Ethnicity, Culture and the Law

This course examines the interaction between law, race and ethnicity in contemporary Canadian society employing a broad range of perspectives to analyze and debate critically the activities, policies and interactions of legal and social institutions. The continuing existence of personal and institutional racism, its effects on minority individuals and groups, and resistance to it within minority ethnic and cultural communities are considered. Among the topics addressed are: race theory; multiculturalism and nationalism; immigration and refugee policy; intersections of race and gender; employment equity; policing and race; race and ethnicity in the administration of justice; race and the legal profession; and Aboriginal justice. (1.5 units)

Law 359 Civil Liberties and the Charter

This course examines the relationship between government and the individual. The major emphasis is on the development and protection of civil liberties and human rights in Canada. Reference may also be made to human rights legislation and international agreements. (1.5 units)

360

Law 360 The Legal Profession

This course is designed to provide students with insights and perspectives into the organization and operation of the legal profession as a vital institution in the legal process. The class is asked to consider the legal profession in its social context, its formal organization, its ethical procedures and the role of the lawyer throughout the legal process. It appears to many that the role of professions in general is changing: a consideration of this issue is focused on the legal profession. (1.5 units)

Law 361 Historical Foundations of the Common Law

The development of English legal systems has had a profound impact on Canada. Beginning with 11th century European developments, this course will consider a number of topics, such as Anglo-Saxon England and the Norman Conquest, the development of common law and equity, criminal law and 19th century developments, ending with some analysis of the reception of English law in the colonies. (1.5 units)

Law 362 Colonial Legal History: Law, State, Society and Culture in Canada and Australia

This course uses a website for both teaching and communications linking students at UVic, UBC and Australian National University. It offers the study of legal history as a means of understanding the relationships between law, state, society and culture in Canada in comparison and contrast with Australia. These two modern liberal democratic states which previously comprised clusters of British settler colonies, established at different times, for different purposes during the late 18th and through the 19th century provide a rich setting for examining the growth of colonial legal culture, tensions between imperial governance and settler demand and the competing pressures for centralization and pluralism in law and the administration of justice. The colonies of Upper Canada, Vancouver Island / British Columbia, New South Wales and South Australia are the subjects of the most detailed study. (1.5 units)

Law 363 Conflict of Laws (Private International Law)

This course considers the relationship of legal systems in private international and interprovincial disputes. Specific areas for consideration include determination of whether a court has jurisdiction in such disputes and whether it should exercise its jurisdiction to hear the case, what substantive legal rules should be used to resolve such disputes, and when/how recognition and enforcement of foreign judgments and arbitral awards may be effected. Reference is made to international agreements that deal with aspects of private international litigation and the relationship between conflict of laws principles and Canadian constitutional law. A critical review of the theoretical basis for conflict of laws principles as well as the policy decisions inherent in conflict of laws reasoning are encouraged. This course is recommended for third year law students only. (1.5 units)

Law 364 Law, Governance & Development

In the era of globalisation public law reform has become an increasingly important aspect of development. How can developing democracies and post-conflict societies deal effectively with corruption and abuse of power, and establish political stability and sustainable development? This course examines the nature and prospects of law and governance in the developing world, focussing mainly on the Commonwealth states of Asia and Africa (1.5 units)

Law 365 Legal Mooting

A student may be awarded credit in the second and third years of the student's program to a maximum of 3.0 units in either year, and 4.0 units in the student's entire program, for supervised participation in mooting programs approved by the Dean. (1.0 to 1.5 units)

Click here for detailed information about the Mooting Program 2008-09

Law 366 Patent Law

A study of the principles and practical implications of patent protection in Canada. Discussions will include the fundamental concepts of patentability, validity, infringement and commercial exploitation of patentable technology, ultimately leading to a focus on the Canadian patent growth area of pharmaceutical and biotechnological product and process protection. There will also be a brief comparative view of the United States' and Japan's systems in contrast to the Canadian patent system. (1.0 to 1.5 units)

Law 367 Telecommunications, Entertainment & Media

This course involves a consideration of telecommunications law and policy in Canada including constitutional and regulatory issues from historical and current perspectives and the traditional division between "broadcast" and "non-broadcast" functions. There will be an analysis of the convergence of these functions together with the greater convergence with the Information Highway or Internet in a current context of promotion of competition, as opposed to regulation. Emphasis will be placed on perspectives of globalism and the now substantial application of intellectual property, particularly copyright, to the media of communication. The merging of telecommunications with entertainment and media will be addressed, and selected topics of entertainment and media law and policy including "neighbouring rights" in copyright law in Canada. The recommended prerequisite or co-requisite is Law 347 Intellectual Property. (1.5 units)

Law 368 Indigenous Women and the Law

This course examines the unique historical and contemporary place of Indigenous women within the constructs of Canadian law and society. The course takes an interdisciplinary approach. Topics canvassed are marital property, colonialism, government, membership, human rights, criminal justice, sexuality, employment and children. (1.5 units)

Law 369 Feminist Legal Theories

This seminar explores critiques of law and legal reasoning from several feminist perspectives. Topics which are examined include feminist critiques of liberal legal theory, anti-racist feminism and legal analysis, feminist epistemologies and legal reasoning, and feminist theories regarding women's relationships to law and to the state. (1.5 units)

370

Law 370 Law and Society in South East Asia

This course introduces, in comparative and socio-legal perspective, the laws and legal systems of SE Asia. The main emphasis is on Indonesia, Malaysia, Singapore, Thailand and Vietnam. The course also deals comparatively with the principal legal issues of interest in the region, namely legal sources, traditions and institutions; legal pluralism and family law; constitutional reform; and the use of law for economic development. (1.5 units)

Law 371 Global Issues

This course is designed to help students develop an understanding of what constitutes a global issue, and how such issues change the nature of state borders. It examines the interrelationships between, and the global significance of, such subjects as democracy, human rights, the rule of law, peace, environmental integrity, trade, economic development and human security. (1.5 units)

Law 372 Public Policy, Law and Dispute Resolution

This course examines a range of issues of governance and justice. It focuses on the interaction of political, legal and administrative institutions and processes as they respond to such pressures as the demand for enhanced representation, public participation and direct democracy, access to justice and alternative dispute resolution, Aboriginal self-government, fiscal restraint, public accountability and ethics. (1.5 units)

Law 374 Law of the European Union

This course will introduce students to the legal system of the European Union, the law-making and judicial processes, and to certain areas where European Union law is particularly advanced, such as free movement of goods, services, capital and persons, external relations, competition, human and social rights, environmental law. While the historical and political context will be reviewed, emphasis will be on the founding Treaties, legal structure and instruments, case law and process. (1.5 units)

Law 375 Law, Constitutionalism and Cultural Difference

This course explores the justifications and institutional options for cultural accomodation in law, legal interpretation, and constitutional structure. Theoretical arguments for and against cultural accomodation, and an examination of how those arguments might be translated into institutional form will be considered. Contexts include the consitutions of culturally diverse societies, indigenous self-government, separate schools, and the international protection of human rights. (1.5 units)

Law 376 International Environmental Law

This course will develop a practical and theoretical understanding of the development and current state of international environmental law (IEL). It will treat IEL as a diverse form of regime-based global governance that embodies both regulations and a complex array of institutional arrangements. The course will provide a general background to the field, an understanding of diverse sectoral regimes, and a theoretical approach that can inform and crosscut these regimes. (1.5 units)

Law 377 International Commercial Law and Arbitration

This course introduces students to international commercial law and arbitration, including arbitral agreements, applicable law, the enforcement of arbitral awards and arbitrations involving state parties. Particular attention is paid to the international regulation of corporate conduct and critically examining the role international commercial law and arbitration plays in the process of globalization. (1.5 units)

Law 378 Equality, Human Rights, and Social Justice Law

This course will examine the role of law and of legal conceptions of equality in struggles by equity seeking groups and individuals for social justice in Canada . Topics covered include the relation of social movements to law and social change. Charter equality rights and strategic litigation, the institutional and jurisprudential frameworks of domestic human rights law, and critical theoretical debates pertaining to anti-discrimination law. (1.5 units)

380

Law 388 Advanced Legal Research and Writing

This course builds on the research and writing skills learned in first year law. Students explore a wide range of research sources, both legal and nonlegal, including computer assisted legal research. Students analyze various types of legal writing. The importance of context, organization and audience in legal writing is stressed. Parts, sections or clauses of written documents are analyzed, evaluated, criticized, edited and rewritten to improve and develop student analytical and writing skills. Satisfactory completion of this course fulfills the Faculty's major research paper requirement. (1.5 units)

Law 389 Appeal: Review of Current Law and Law Reform

Appeal: Review of Current Law and Law Reform, UVic Law's legal journal, offers students the opportunity to participate, as members of the editorial board, in the production of a legal review. Students involved are responsible for running all aspects of the journal. In addition, each student must prepare and submit a paper for possible publication. The editorial board is chosen by a committee. Applications for editorial board membership are accepted during the spring course registration period. Despite the absence of formal prerequisites, Appeal encourages interested students in their first year to become involved with the journal through volunteer work. With the approval of the Dean or the Dean's nominee:

• a student may be awarded credit for this course twice, providing the total credit does not exceed 4.0 units; and
• in exceptional circumstances the course may be taken for only 1.0 unit.

(2.0 units)

Law 390 Major Research Paper

In order to enroll in Law 390, a student must obtain written permission from a full time faculty member who has agreed to supervise the student's Major Research Paper. Students who are completing a major paper in the context of an existing course within the Faculty will also be registered in Law 390 for the term in which they complete the paper. This registration is in addition to their registration in the particular course in which they are fulfilling the major paper requirement. The Law 390 registration is used for records keeping and transcript purposes only and bears no unit value. (The student is already obtaining credit for the course in which the paper requirement is being fulfilled.) Registration in Law 390 will be entered by the Associate Dean's secretary when a student registers for Law 399, Law 388 or files the requisite form regarding completion of a major paper in a course.

Law 391 Supervised Group Project

Upper year students may undertake a program of supervised group study as a basis for working through some common interest in law. Groups ordinarily have a maximum of twelve students. The groups are formed on the students' initiative but require the agreement of a Law Faculty member to act as the project supervisor.

Students contemplating the formation of a group are responsible for designing a project proposal and securing a Faculty supervisor. They should discuss their plans with the Dean or Associate Dean as early as possible in the academic year prior to the year in which the project will be undertaken so that the necessary planning can be done and approval secured. All group projects require the written approval of the Dean and may be allowed to extend over two terms. In exceptional circumstances and with the written approval of the Dean, group members may enrol in the course for differing credit values depending on the level of their participation in the project provided that the unit value for each student is determined prior to his or her enrolment in the course.

Supervised group projects in the past have included Appeal: Review of Law and Current Law Reform (now Law 389), Race, Ethnicity, Culture and the Law (now Law 358), and the Environmental Law Centre Clinic (now Law 353). With the permission of the Associate Dean, students may be permitted to enrol in Law 391 more than once to a maximum of 4.0 units. (1.0 to 2.0 units)

Law 399 Supervised Research and Writing

During either the second or third year of a student's program, she or he may undertake a substantial research and writing project on a legal subject approved by a member of the Faculty who agrees to supervise the project. With the approval of the Associate Dean, the student may be awarded credit for two separate supervised research papers provided that the total credit does not exceed 4.0 units and each paper is started and completed in separate terms. With the approval of the Associate Dean, this course may be extended over two terms. Further approval is required if this course is to be taken for 1.0 unit only. (1.0 to 2.0 units)