CROSSING NORTH AMERICAN BORDERS IN LAW AND LEGAL EDUCATION A CURRICULUM DEVELOPMENT WORKSHOP OF THE NORTH AMERICAN CONSORTIUM ON LEGAL EDUCATION UNIVERSITY OF OTTAWA FACULTY OF LAW 2 - 4 OCTOBER 2008 Leonard B. Rosenberg Professorship University of Houston Law Center Hyman Soloway Chair in Business and Trade Law CROSSING NORTH AMERICAN BORDERS IN LAW AND LEGAL EDUCATION A CURRICULUM DEVELOPMENT WORKSHOP OF THE NORTH AMERICAN CONSORTIUM ON LEGAL EDUCATION UNIVERSITY OF OTTAWA FACULTY OF LAW 2 - 4 OCTOBER 2008 THURSDAY, OCTOBER 2 Arrivals Lord Elgin Hotel 100 Elgin Street 7:30 p.m. Welcome Gathering Sir John A. Pub 284 Elgin Street Near Maclaren St. Reservation is under “Nicole LaViolette” FRIDAY, OCTOBER 3 RIDEAU CLUB 99 Bank Street (15th floor) Workshop sessions on Friday will be held at the RIDEAU CLUB, a short walk from the Hotel Lord Elgin. This private club was founded in 1865, and its members have included many of Canada’s political, business and legal leaders. PLEASE NOTE – The Rideau Club has a dress code that requires business attire – jackets and ties for men; skirts, dresses or suits (including pantsuit) for women. 8:00 a.m. Participant Check-In & Breakfast Main Lounge A continental breakfast will be served compliments of the law firm of Blakes, Cassels & Graydon LLP 9:00 a.m. Welcome Dean Nathalie Des Rosiers & Dean Bruce Feldthusen Professor Stephen Zamora Professor Gabriel Cavazos Keynote Address “Legal Reform in Mexico” 9:15 a.m. Speaker: Hernán Ruiz Bravo Legal Affairs Counsellor, Embassy of Mexico in Canada 10:30 a.m. Coffee Break 11:00 a.m. Concurrent Workshop Sessions 1. Intellectual Property and Information Law – Open Access and Privacy Room to be confirmed Elizabeth Judge (Ottawa, Common Law), Convenor Creative Commons and Open Access -- Tina Piper (McGill) and Elizabeth Judge (Ottawa), Discussants Creative commons, open access law, and other licensing strategies for publication; publishing with open access law reviews ; negotiating open access with traditional publishers ; researching open access publication venues ; open access and the development agenda ; roles of the scholar; library and university ; open access and curriculum design Geoprivacy -- Teresa Scassa (Ottawa), Discussant Location privacy; privacy in public spaces; jurisdictional issues Open Source Software -- Greg Vetter (Houston), Discussant Free and Open Source Software (FOSS) Licensing taxonomy and impacts on the FOSS movement; attribution-only licenses based on copyright; weak copyleft licenses; strong copyleft licenses; the impact of patent-licensing or trademark provisions in any of these; license proliferation; government entanglement with FOSS, whether that be regulation of it, support of it, posture to it in procurement, or promotion of it in technology development and/or policy. 2. Transnational Indigenous Legal Issues Room to be confirmed Brad Morse (Ottawa, Common Law), Convenor Environmental Degradation, Climate Change & Indigenous Survival -Constance Macintosh (Dalhousie), Discussant The Inter-American System and recent court cases on indigenous issues -- Evan Fox-Decent (McGill), Discussant Methodology and Applied Research, with a Focus on Indigenous Law) -Jorge Alberto González Galván (UNAM-IIJ), Discussant 3. Family Law Room to be confirmed Nicole LaViolette (Vice Dean, Ottawa, Common Law), Convenor Assisted Reproductive Technologies: Creating & Regulating Modern Families in North American Jurisdictions -- Vanessa Gruben (uOttawa), Discussant . Participants will discuss similarities and differences in the regulation of assisted reproductive technologies. Child Custody : Deciding Disputes Within and Across Borders -- Barbara Atwood (Arizona), Discussant. Participants will discuss similarities and differences in approaches towards child custody disputes. 4. International Trade Law Room to be confirmed Anthony Van Duzer (Ottawa, Common Law), Convenor Evaluating NAFTA’s experience with the supplemental agreements on labor and environmental cooperation -The Environmental Agreement and Commission -- Armand de Mestral (McGill), Lee Paddock (GWU) and Gabriel Cavazos (ITESM), Discussants -The Labor Agreement and Commission -- Stephen Zamora (Houston) and (name to be added), Discussants The Future of Environmental and Labour Rights in North America– How will the next US administration deal with Trade and the Environment and Trade and Labour Rights? -- David Gantz (Arizona) and Gil Winham (Dalhousie), Discussants 12:00 p.m. Lunch Main Lounge Introduction: Prof. Tracey Lindberg (uOttawa) Speaker: Claudette Dumont-Smith, Commissioner Indian Residential Schools Truth and Reconciliation Commission The establishment of the Indian Residential Schools Truth and Reconciliation Commission was part of a settlement agreement between the Canadian government, former students of the schools, churches that ran the schools, and First Nations organizations. It is the first commission of its kind in North America and its mandate is to examine the human rights abuses that were systemic within the Canadian residential school system. 1:30 p.m. Concurrent Workshops - (Continuation, in same rooms) 1. Intellectual Property Law 2. Indigenous Law 3. Family Law 4. International Trade Law 2:30 P.M. Break 2:45 P.M. Plenary Session Main Lounge Reports from breakout sessions – each group to report on themes or ideas from the breakout sessions that will be of interest. 3:30 P.M. NACLE Student Essay Competition Presentations of award-winning papers by NACLE students, with commentary from NACLE faculty on each paper 4:30 p.m. Adjourn Free time to explore Ottawa 7:30 p.m. Dinner Sweetgrass Bistro 108 Murray Street SWEETGRASS BISTRO is Ottawa’s first and only restaurant featuring aboriginal cuisine. It is located in the trendy and unique Byward Market area of Ottawa. The restaurant offers seasonal dinner menus that follow the ancient paths of North America’s Aboriginal peoples, and is aboriginal owned and operated. SATURDAY, OCTOBER 4 For NACLE Student Participants 9 a.m. – 11:30 a.m. uOttawa students will accompany you on a tour of several sites in the National Capital. Please meet at 8:45 a.m. in the lobby of the Lord Elgin Hotel. You will rejoin the workshop for lunch at the law faculty. Faculty of Law University of Ottawa Fauteux Hall, 57 Louis Pasteur Street 9:00 a.m. Room 147 Plenary session : ATransnational Pedagogy: Best Practices@ This plenary session will address the goals and challenges we face in providing greater opportunities for cross-border exchange of ideas among students and professors in North America. Law professors with experience in using innovative approaches to transnational teaching will discuss their experiences with international teaching projects. 9:45 a.m. Coffee Break Sponsored by Programme de common law en français Main Foyer Fauteux Hall 10:00 a.m. Concurrent Workshops –Transnational Curriculum Development 1. Intellectual Property Law Room 315 Transnational Technology Law Courses: Successful Course Design, Collaborative Pedagogical Technologies, and Copyright Issues in Transnational Curriculum Development , Elizabeth Judge (uOttawa, Common Law), Convenor Jeremy DeBeer (Ottawa), Discussant -- discussing Digital Music Law, a multijurisdictional and multidisciplinary course taught at Universidad de Puerto Rico and Ottawa; videoconferencing, podcasting, and other collaborative technologies for teaching Tina Piper (McGill) and Elizabeth Judge (Ottawa), Discussants -- Creative Commons and open access to facilitate transnational course design; copyright issues with transnational curriculum design (e-reserve policies, course management software, site licenses) 2. Indigenous Law Room 316 Larry Chartrand (Ottawa, Common Law), Convenor Jorge Alberto González Galván (UNAM), « Empirical Research Methods in Law, especially in the field of Aboriginal Law » Peter Oliver (Ottawa, Common Law), “Teaching Indigenous Rights from a Cross-cultural Perspective to a Multicultural Student Body” Sébastien Grammond (Ottawa, Droit civil), “Summer School in Cree Territory”, & Jean-Paul Lacasse (Ottawa, Droit civil), “Summer School in Innu Territory” 3. Family Law Room 106 A discussion of collaborative cross-border teaching projects, including the NACLE course on Comparative North American Family Law 4. International Trade Law Room 102 A discussion of experiences with cross-border teaching of NAFTA and international trade law, with Tony VanDuzer (Ottawa), Gabriel Cavazos (ITESM), Armand de Mestral (McGill), Stephen Zamora (Houston) and others, with an emphasis on developing specific projects for student interaction among NACLE members. 12:00 p.m. Lunch Sponsored by Hyman Soloway Chair in Business and Trade Law Tsampalieros Atrium 3rd Floor General discussion: Issues and Challenges in promoting NACLE Student Exchanges 1:00 p.m. Room 147 NACLE Student Essay Competition Presentations of award-winning papers by NACLE students, with commentary from NACLE faculty on each paper 3: 00 p.m. Adjourn Free time to explore Ottawa 7:00 p.m. Dinner Sponsored by : Leonard B. Rosenberg Professorship University of Houston Law Center Le Tartuffe 133 Notre-Dame-de-l'île Gatineau, Québec Located in a historical house, this Québec restaurant is minutes from downtown Ottawa. The fare at Le Tartuffe is a pleasing union of the owner’s French origins with Outaouais influences. Quite unlike Molière's well-known, hypocritical theatre character of the same name, Le Tartuffe has a warm, unpretentious atmosphere. SUNDAY, OCTOBER 5 Lord Elgin Hotel MacDonald Room 8:30 a.m. NACLE Business Meeting - Faculty Representatives 10:30 a.m. Adjourn