TRN 304Y: Law and Social Issues
Course Information
Instructor
Dr. Theresa Miedema
Tel. 416-423-9140
e-mail: t.miedema@utoronto.ca
Office hours: Larkin 319
Tuesdays, 1:30 – 4:30pm. No appointment is necessary. First come,
first served.
If this time is not available to you, please contact me so that we can set
up an appointment.
I will make every effort to return your telephone call or reply to emails within 48-72
hours. I realize that other professors may return calls or reply to emails quicker than me.
However, I do not work full-time at the University of Toronto. I have other jobs and
responsibilities. Consequently, it is not always possible for me to get back to you as
quickly as I would like. Please be patient. Nevertheless, if you have not heard back from
me after 72 hours, please follow up with an additional email or telephone call.
Some matters may be best discussed during office hours or with the class as a whole
(e.g., complex matters about course topics). I reserve the right to insist that such matters
be addressed during my office hours or in class, as appropriate, rather than to use email to
respond to questions that raise such matters.
I plan to set up a discussion board using Blackboard for this course. Please ensure that
you can access Blackboard. You will find important announcements and class materials
posted on the class Blackboard site. You should check Blackboard regularly for
important announcements.
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Theresa Miedema, TRN 304, 2013-2014
Introduction to TRN 304Y
In this course, we will explore the legal dimensions of several contemporary social issues
such as international development, the Internet and consumer protection, and
multiculturalism and diversity. We will discuss these issues with a view to assessing the
possibilities of the law and the limits of the law as an instrument for social change. Some
of the themes we will explore are:
 The relative value of public and private law in terms of addressing important
social issues.
 The limits of public and private law in terms of addressing important social
issues.
 Process-related concerns: Does legal process involve aspects that impede the use
of law as a tool of social change? What are the strengths of various types of legal
processes?
 Remedy-related concerns: what can the law give? What are the limits of the law
in terms of remedies?
 Whether and how the law is implicated in creating and/or sustaining injustices in
society.
We will also give careful consideration to effective advocacy, particularly in written
form. You will be challenged to become a strong advocate by improving your writing
style and grammar. Good advocacy skills will serve you well in any profession.
Course Objectives
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To explore how law intersects with major social issues.
To develop an understanding of both the strengths and the weaknesses of the law
as an instrument for socio-political change.
To encourage informed discussion of complex socio-legal issues.
To develop critical analysis skills and to apply these skills to the study of law and
society.
To improve writing style.
To develop and to improve the skills necessary to undertake focused research
projects and to produce a research paper.
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Format of Classes
Classes will be designed to provide you with a blend of background information
(generally through lecture format) and ample opportunity for discussion. In order to
make the most out of the discussions, you need to do the assigned readings. Please come
to class prepared to talk about the designated topic and the related materials.
Note: You will NOT lose marks for making comments that are not “correct” or that are
off the mark.
Classes begin at 10:10am and end at 12:00 noon on Tuesdays.
You may not record lectures and class discussion in any format, using any device,
without my express permission.
Class Attendance
Class attendance is not mandatory. However, ten percent (10%) of your final mark is
based on participation in class discussions, and class attendance will factor into that ten
percent. (It is hard to participate in class discussions if you are absent.)
Illness and family emergencies are acceptable excuses for missing class. In general,
appointments with other professors or T.A.s, medical appointments (except with
specialists), dental appointments, special lectures or seminars, travel, sports events, hangovers, and the like are not acceptable excuses for missing classes.
Policy on doctor’s notes: I do not require a doctor’s note for every absence related to
illness. You are required to provide a doctor’s note only after you have missed three
or more consecutive classes. You must, however, record your absence using the
ROSI absence declaration.
Note that YOU are responsible for contacting your classmates about any important
announcements, notes, etc. Please ensure that you have a “buddy” in this class who can
advise you of any information you miss in class.
As a general rule, I do not distribute my lecture notes or slides to students. It is
your responsibility to take notes. You may not use any type of recording device in
my class. (See my “Use of Technology” policy.) You may use a laptop, subject to
the provisions in my “Use of Technology” policy.
Hand-outs distributed in class will generally be posted on Blackboard within four days.
Course Materials
The course materials are available through the University of Toronto Bookstore (St.
George campus).
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Evaluation
You will be evaluated in a variety of ways in this class. The assignments and their values
are listed below:
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Participation – 10 percent
Test – 20 percent
Written work – 70 percent
o Two critical reflection pieces, each worth 10 percent
o One major research paper:
 Statement of topic, worth 5 percent;
 outline and overview of topic, worth 10 percent; and
 actual research paper, worth 35 percent
Participation – This part of your evaluation includes attendance at class. Your grade
will also reflect your contributions to class discussions. Contributions to class
discussions includes listening respectfully to your peers and engaging in dialogue with
them. You will NOT lose marks for making comments that are not “correct” or that are
off the mark. You will NOT lose marks for disagreeing with me.
Test – There is one test in this course, scheduled for October 15, 2013. This test is worth
20 percent of your final mark. The test will be 60 minutes long.
Written work – There are five written assignments in this course. The assignments are:
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First reflection essay, 2-3 pages, due on Nov.26, 2013 (worth 10 percent of your
final mark);
Second reflection essay, 2-3 pages, due on April 1, 2014 (worth 10 percent of
your final mark);
Statement of topic for major research paper, due November 5, 2013.
Outline and topic overview for major research paper, due on January 21, 2014
(worth 10 percent of your final mark); and
Major research paper, 15 pages, due on March 11, 2014 (worth 35 percent of your
final mark).
I will set questions or topics for the papers. There will be a choice of questions/topics for
every paper you do. In addition, you are always welcome to propose your own topic for
a paper.
You must follow the TRN 304Y/425Y Style Guide for every assignment. This Style
Guide is available on Blackboard, and covers topics from plagiarism (how to avoid it),
citation style, format of papers, grammar, and style.
Academic integrity is fundamental to learning and scholarship at the University of
Toronto. Participating honestly, respectfully, responsibly, and fairly in this academic
community ensures that the U of T degree that you earn will be valued as a true
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indication of your individual academic achievement, and will continue to receive the
respect and recognition it deserves.
Familiarize yourself with the University of Toronto’s Code of Behaviour on Academic
Matters (http://www.governingcouncil.utoronto.ca/policies/behaveac.htm). It is the rule
book for academic behaviour at the U of T, and you are expected to know the rules.
Potential offences include, but are not limited to:
In papers and assignments:
 Using someone else’s ideas or words without appropriate
acknowledgement.
 Copying material word-for-word from a source (including lecture and
study group notes) and not placing the words within quotation marks.
 Submitting your own work in more than one course without the
permission of the instructor.
 Making up sources or facts.
 Including references to sources that you did not use.
 Obtaining or providing unauthorized assistance on any assignment
including
o working in groups on assignments that are supposed to be
individual work,
o having someone rewrite or add material to your work while
“editing”.
 Lending your work to a classmate who submits it as his/her own
without your permission.
On tests and exams:
 Using or possessing any unauthorized aid, including a cell phone.
 Looking at someone else’s answers
 Letting someone else look at your answers.
 Misrepresenting your identity.
 Submitting an altered test for re-grading.
Misrepresentation:
 Falsifying or altering any documentation required by the University,
including doctor’s notes.
 Falsifying institutional documents or grades.
To remind you of these expectations, and help you avoid accidental offences, I will ask
you to include a signed Academic Integrity Checklist with every assignment. If you do
not include the statement, your work will not be graded. A copy of this Academic
Integrity Checklist is set out in Appendix A – Statement of Academic Integrity in the
TRN 304Y/TRN 425Y Style Guide.
The University of Toronto treats cases of academic misconduct very seriously. All
suspected cases of academic dishonesty will be investigated following the procedures
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outlined in the Code. The consequences for academic misconduct can be severe,
including a failure in the course and a notation on your transcript. If you have any
questions about what is or is not permitted in this course, please do not hesitate to contact
me. If you have questions about appropriate research and citation methods, seek out
additional information from me, or from other available campus resources like the U of T
Writing Website. If you are experiencing personal challenges that are having an impact
on your academic work, please speak to me or seek the advice of your college registrar.
Due dates & lateness policy
Due dates for papers are noted above. All papers are due at the beginning of class.
I have posted instructions for handing in papers late on Blackboard. You must follow
these instructions. Papers submitted in a manner that does not comply with these
instructions may not be accepted. You will be penalized three percent (3%) per day for
handing in your paper late. Weekends will count for one day. No assignment will be
accepted after ten days past the official class due date.
Further instructions concerning these papers will be provided when the assignment is
distributed to you.
I will attempt to return your assignments within two to three weeks. However, I do not
work full-time at the University of Toronto. I have other jobs and responsibilities.
Consequently, I may not be able to return assignments as quickly as some of your other
professors. If the anticipated turn-around time for papers and exams is too long for
you, I advise you not to take this course.
WRITING STYLE, SPELLING, AND GRAMMAR WILL COUNT IN EVERY
PAPER AND EXAM!
This course emphasizes effective written advocacy. The ability to write well is a crucial
skill.
On your first paper, you will not lose marks for grammar and style unless your writing
falls below a standard reasonably applied to third year students at the University of
Toronto. You may improve your mark, however, by demonstrating significant skill in
writing. I will provide each person with feedback on grammar and style. In each
subsequent paper and written assignment, you will be expected to show an improvement
in your writing. The failure to do so will result in lost marks for grammar and style—
even if your arguments are otherwise brilliant. However, you may gain extra marks if
you demonstrate an effort to improve your writing style in response to the feedback you
have received.
In addition to the Style Guide, here are five other good resources for assistance with
writing and style:
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1.
2.
3.
4.
university writing centres;
dons at your college;
talk to me;
the dictionary, especially the OED (make sure you are using words correctly!);
and
5. Strunk & White’s The Elements of Style.
I highly recommend that you purchase (and read) Strunk & White’s The Elements of
Style. This book is readily available at most bookstores and is relatively inexpensive.
(My copy cost $11.95.) It is short and contains key rules of grammar. It is also an
excellent guide to writing style. As a general rule, I follow the grammar rules outlined
in The Elements of Style.
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Appendix A: Class Reading Schedule
BB: Materials posted on Blackboard
All other materials are in the Casebook
Date
Topic
Sept. 10
Introduction to course
Introductory discussion: What
is law?
Reading
TRN 304/425 Style Guide (BB)
Sept. 17
Riggs v. Palmer, NYCA
Law as substance and
reasoning
H.L.A. Hart, The Concept of Law
Sept. 24
Law’s Internal Morality
Law as process (Is there “law”
in process?!)
Lon Fuller, The Morality of the
Law
Oct. 1
Law as process
Tom R. Tyler & E. Allan Lind,
“Procedural Justice”
Procedural rights: “Natural
justice” (procedural
fairness/due process)
Evans et. al., Excerpts from
Administrative Law
Oct. 8
Remedies
Mitchell McInnes et. al., Excerpts
from Managing the Law: The
Legal Aspects of Doing Business,
2nd ed.
Constitutional Court of South
Africa, South Africa v.
Grootboom
Oct. 15
Rights and remedies
--Second generation rights
--Remedies for second
generation rights
TEST – 60 minutes
Diversity in the Polity:
Understanding the Issues
Robert D. Putnam, “E Pluribus
Unum: Diversity and Community
in the Twenty-first Century: The
2006 Johan Skytte Prize Lecture”
Oct. 22
Francis Fukuyama, “Identity and
Migration” Prospect Magazine,
Issue 131, Feb. 2007
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Oct. 29
Diversity in the Polity:
Multiculturalism and the
Canadian Context
Canada, Multiculturalism Act
(BB)
Tom Tyler, “Governing
Pluralistic Societies”
Nov. 5
Statement of Research Topic
due.
Conflicts of rights in the
Canadian mosiac
Entangled: Women’s rights,
cultural rights, and
headscarves in the diverse
polity
N. Torbisco Casals,
“Multiculturalism, Ethnic
Minorities and the Limits of
Cultural Diversity”
R. v. N.S. (SCC)
Raveena Aulakh, “Court gives
woman second chance for niqab
at trial” (Toronto Star)
J. Heinrich, “Muslim head scarf
no threat to Quebec values, report
says” (Montreal Gazette)
Supplementary: Tabassum F.
Ruby, “Listening to the voice of
hijab”
Nov. 12
Fall Break
Nov. 19
Inclusion in the Polity and
Homo Sacer: Does everyone
fit in our legal paradigms?
Nov. 26
First Critical Reflection
Paper Due
Anthony C. Infanti, "Homo Sacer,
Homosexual: Some Thoughts on
Waging Tax Guerrilla Warfare"
John Schwartz, “When Same-Sex
Marriages End” (NY Times)
Christie v. York, [1940] SCR 139
Discrimination in the Private
Realm: Racial Bias Cloaked in
Freedom of Contract
Legal Concepts and their
Intersection with Race, Space,
and Place
Dec. 3
Law and Consumer Protection
Franco Ferrari, “Donoghue v.
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The Snail in the Ginger Beer:
The Origins of Product
Liability
From the Snail to McDonald’s
Coffee
Jan. 7
Jan. 14
Stephenson’s 60th Anniversary”
Richard Epstein, “The
Unintended Revolution in Product
Liability Law”
Consumer Attorneys of
California, Know the Facts: The
McDonalds Coffee Case
WINTER BREAK
Consumer Protection in the
Broder Kleinschmidt, “An
New Wild West: Liability and International Comparison of ISP’s
the Internet
Liabilities for Unlawful Third
Party Content”
Law and international
development: The Rule of Law
What can law do to promote
development?
Doug Lichman, “Holding Internet
Service Providers Accountable”
Michael J. Trebilcock & Ronald
J. Daniels, “The relationship of
the rule of law to development” in
Rule of Law Reform and
Development: Charting the
Fragile Path of Progress
Recommended reading: Stephen
Marks, “The Human Right to
Development: Between Rhetoric
and Reality”
Jan. 21
Research Paper Outline Due
A critical assessment of the
Rule of Law and its role in
promoting development
What are the problems with
implementing ROL?
Jan. 28
Impediments to institutional
reform: Path Dependence
Feb. 4
Responding to atrocities: what
can the law do?
Rosa Ehrenreich Brooks, “The
New Imperialism: Violence,
Norms, and the ‘Rule of Law’”,
pp. 2275-2289, 2301-2314, 23182328, 2333-2340.
Case study 1: Kosovo (in Brooks,
pp2290-2301)
Case study 2: Jaskaran Kaur, “A
Judicial Blackout: Judicial
Impunity for Disappearances in
Punjab, India”
Mariana Prado & Michael
Trebilcock, “Path Dependence,
Institutions, and the Dynamics of
Institutional Reform”
Neil J. Kritz, “Coming to Terms
with Atrocities: A Review of
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Accountability Mechanisms for
Mass Violations of Human
Rights”
Feb. 11
Responding to atrocities: Are
there deeper issues at stake?
Lisa J. Laplante, “Transitional
Justice and Peace Building:
Diagnosing and Addressing the
Socioeconomic Roots of Violence
through a Human Rights
Framework”
Feb. 18
Feb. 25
Reading Week
Responding to atrocities:
International responses
Gone Fishin’
George A. Critchlow, “Stopping
Genocide Through International
Agreement When the Security
Council Fails to Act”
Case study: Daniel Hemel &
Andrew Schalkwyk, “Tyranny on
Trial: Regional Courts Crack
Down on Mugabe’s Land
‘Reform’”
March 4
March 11
Case Study: Law and Racial
Desegregation in the US (Part
I: A more conventional
analysis)
Was law a help or a
hindrance? Did it offer a
PROCESS? Could it respond
to INJUSTICE? Were legal
remedies HELPFUL?
Major Research Paper Due
Case Study: Law and Racial
Desegregation in the US (Part
II: The “Legal Crits” weigh in)
J. Skelly Wright, “Public School
Desegregation: Legal Remedies
for De Facto Segregation”
Brown v. Board of Education
(USSC)
Derrick A. Bell, Jr., “Serving
Two Masters: Integration Ideals
and Client Interests in School
Desegregation Litigation”
Was law a help or a
hindrance? Did it offer a
PROCESS? Could it respond
to INJUSTICE? Were legal
remedies HELPFUL?
March 18
The Rise of a Human Rights
Eric M. Adams, “Building a Law
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Culture
March 25
April 1
Has “rights talk” pervaded our
culture?
How do human rights and
culture intersection, and how
does this affect the law?
Do human rights offer hope for
development?
Protecting the environment:
Law and the reduction of
greenhouse gases
Second Critical Reflection
Paper Due
of Human Rights: Roncarelli v.
Duplessis in Canadian
Constitutional Culture”
Quick review of the Grootboom
case, Christie v. York, and the
notion of the Homo Sacer
David G. Duff, “Carbon Taxation
in British Columbia”
Reflections about the role and
utility of the law in addressing
injustice and social ills.
Course Wrap-up
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the rules.
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