TRN 425Y: LEGAL WORKSHOPS COURSE
Course Information
Instructor
Dr. Theresa Miedema
Tel. 416-978-2658
e-mail: t.miedema@utoronto.ca
Office hours: Larkin 319
Tuesday, 1:30 – 4:30pm. No appointment is necessary.
If this time is not available to you, please contact me so that we can set
up an appointment.
It is generally easiest to reach me via email.
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.
Please ensure that you can access Blackboard. You will find important announcements
and class materials posted on the class Blackboard site.
Policy on communication: You are responsible for checking your email and Blackboard
regularly for course announcements and the distribution of supplementary materials. As I
use Blackboard to send out class emails, please ensure that the email address used for you
by the Blackboard system is functional. Ensuring this functionality is your responsibility.
Introduction to TRN 425Y
This course explores different approaches to legal scholarship and different themes in
legal scholarship. We will study various bodies of legal scholarship and their respective
modes of analysis. You will have the opportunity to attend workshops at the Faculty of
Law where different scholars present papers on a wide variety of issues. You will learn
to dissect the arguments of the presenters, to understand the scholarly influences on the
presenters, and to assess their work critically. You will also learn how to apply different
modes of legal analysis to cases and to contemporary issues in both the developed and
developing world.
Miedema, TRN 425Y Syllabus 2013-2014
1
The Faculty of Law has posted schedules for the Legal workshops at:
http://www.law.utoronto.ca/visitors_content.asp?itemPath=5/7/0/0/0&contentId=406.
Please take the time to visit this web page and to consider what workshops you are
interested in attending. This web page is updated periodically, so please check it
regularly. You must advise me at least 24 hours in advance about what workshops
you plan to attend. Class discussions will be built around the themes of the
workshops. You will be expected to draw upon the workshops you have attended in
order to contribute to our discussions.
Goals of TRN 425Y
 To develop an understanding of different approaches to legal scholarship and key
legal ideas and concepts.
 To develop the ability to apply and to critically assess various approaches to legal
scholarship to social issues.
 To gain exposure to the work of leading legal scholars.
 To sharpen written and oral communication skills.
 To develop and to improve the skills necessary to undertake focused research
projects and to produce a research paper.
 To develop critical analysis skills.
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. As we study
various approaches to legal scholarship, please make an effort to attend workshops
related to the particular approach we are studying from week to week. For example,
when we are studying law and feminism, it would be helpful if you have already attended
a law and feminism workshop or if you attend such a workshop over the course of the
weeks that we study law and feminism. We will try to integrate discussion of these
workshops into our class. You may be asked to provide a brief overview of a workshop
that you have recently attended or to offer your assessment of a workshop.
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 Wednesdays.
Some classes are designated as Group Project Days and/or “Policy Analysis Exercise”
days. These days involve presentations and simulations of policy development. You will
work in a group during these exercises. You will receive a dossier of information about
Miedema, TRN 425Y Syllabus 2013-2014
2
the case we will be simulating. In some cases, you will be assigned a role that requires
you to adopt a particular approach to advocating for your policy preference in the round
table discussions. In other instances, you and your group will develop a policy approach
based on your own assessment of the issues, objectives, and best strategies to achieve the
aforementioned objectives. You will be graded on your preparation for and
participation in these exercises. More information about this aspect of the course is
set out below, under “Evaluation”.
Of course, an important part of the course involves attending workshops at the Faculty of
Law. Part of your evaluation will include keeping a log of workshops you have
attended and writing short reflection pieces or critiques of these workshops. More
information about this dimension of the course is set out below, under “Evaluation”.
As noted above, you MUST advise me at least 24 hours in advance about which
workshops you plan to attend. In general, I prefer that no more than 3 or 4 students
attend the same Workshop. I need to know in advance who plans to attend which
Workshop in order to ensure that we do not wear out our welcome at these workshops by
flooding them with our students. There are many workshops to attend. You have lots of
choice. Please review the “FAQ” section for more information about Workshop
attendance.
Class Attendance
We have intentionally limited the number of students enrolled in this course in order to
ensure that students can attend the Legal workshops and to facilitate in-class discussion.
Because there are not many students in this course, it is important that everyone attend
class regularly so that we have enough people to have decent discussions. Therefore,
attendance at class is mandatory. If you cannot attend class, please let me know by
phone or email.
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. Show up and be on
time. The TTC and Go Transit are notoriously unreliable. Plan your schedule
accordingly. Chronic lateness will impact your participation mark.
Note that 10% (ten percent) of your final grade is based on “Participation”.
Attendance at class will be factored into this portion of your grade.
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.
Miedema, TRN 425Y Syllabus 2013-2014
3
Course Materials
The course materials are available through the University of Toronto Bookstore (St.
George campus).
Evaluation
Your final mark will be calculated as follows:
Participation – 10%
Policy Exercises – 20%
Written Work – 70%
Participation – This part of your evaluation includes attendance at class, including
arriving in class on time. Your grade will also reflect your contributions to class
discussions. 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.
Policy Exercises – There are three (3) in-class policy exercises scheduled throughout the
Fall and Winter terms. The dates of these exercises are: November 6, February 5, and
March 12. You will be evaluated in each of these three exercises. However, I will use
the average of your top two evaluations as the basis for your final mark in the Policy
Exercises portion of the course. Nevertheless, you must participate in all three exercises
to complete the course requirements. Failure to participate in all three exercises will
result in a deduction of ten percent (10%) from your final grade, except where an
absence results from illness. Evaluations will be based on the following factors (listed
in no particular order of importance):







Preparation for the exercise.
Understanding of the issues.
Understanding of your assigned role and approach to the issues.
Advocacy for your assigned position.
Ability to advocate against the assigned position of other students.
General participation in discussions, including your comments and demonstrating
respect for the ability of others to make their views heard.
Team work, where applicable.
These exercises should be viewed as an opportunity to exercise your oral advocacy skills.
Good oral communication skills are a tremendous asset in any field of work or study. We
will take the time to discuss tips for good oral advocacy.
Written Work – This portion of the final grade is composed of:
 Statement of research topic, due on November 13, worth 5% of the
final grade; 1-2 paragraphs
 One 5 page paper due on November 27, worth 10% of the final grade;
Miedema, TRN 425Y Syllabus 2013-2014
4
 Outline and topic overview for major research paper, due on January
15, 2014, worth 10% of your final mark;
 Major research paper, 15 pages, due on March 19, 2014, worth 30% of
the final grade; and
 A journal containing critical reflections about three workshops you
have attended, due on April 2, 2014, worth 15% of the final grade.
link class discussions to reflection; what did it make you think? did
you agree/disagree? questions? did it push you in a different direction
in terms of thinking? critical/analytical/make judgments; not just
descriptive
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.
The journal assignment must contain a total of three critiques or reflections on workshops
that you have attended. Each critique/reflection should be two to three pages long. Your
critiques must include reviews of workshops from two (2) different series.
Remember that you must advise about any workshops that you plan to attend. If you fail
to provide me with the requisite 24 hours advance notice, you will not be permitted to
critique the workshop that you attend.
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
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.
Miedema, TRN 425Y Syllabus 2013-2014
5
 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
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.
Miedema, TRN 425Y Syllabus 2013-2014
6
Further instructions concerning these papers will be provided when the assignment is
distributed to you.
SPELLING AND GRAMMAR WILL COUNT IN EVERY PAPER!
On your first paper, you will not lose marks for grammar and style unless your writing
falls below a standard reasonably applied to fourth 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.
Here are five good resources for assistance with writing and style:
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.
Miedema, TRN 425Y Syllabus 2013-2014
7
Appendix A: Tentative Class Reading and Assignment Schedule
BB: Materials will be posted on Blackboard.
All other materials can be found in the course pack.
Note: This reading list may be amended from time to time.
Class date
Topic/Theme
Readings
September
11
Introduction
TRN 304Y/425Y Style Guide
September
18
Law and Philosophy:
Private Law
Ernest Weinrib, “Understanding Private
Law”
September
25
Law and Philosophy: The
Great Hart-Fuller Debate
(Part I)
Law and Philosophy: The
Great Hart-Fuller Debate
(Part II)
Application of law and
philosophy: legal remedies
H.L.A. Hart, “The Concept of Law”
Lon Fuller, “the Morality of the Law”
October 2
October 9
October 16
Law and Economics: The
basics
October 23
Law and Economics: An
alternative view
H.L.A. Hart, “The Concept of Law”
Lon Fuller, “the Morality of the Law”
Excerpt from Richard H. Fallon, Jr. &
Daniel T. Meltzer , “New Law, NonRetroactivity, and Constitutional
Remedies”
Michael J. Trebilcock, “An Introduction
to Law and Economics
Christine Jolls, Cass R. Sunstein &
Richard R. Thaler, “A Behavioural
Approach to Law and Economics”
Behavioural economics
and criticisms from within
Oct. 30
Criticizing Law and
Economics
Miedema, TRN 425Y Syllabus 2013-2014
Neil H. Buchanan, “Playing with Fire:
Feminist Legal Theorists and the Tools
of Economics”
8
November
6
Group Project Day:
Class Presentations
November
13
Statement of research
topic due
Introduction to Law and
Feminism scholarship
November
20
Law & Feminism:
An application
November
27
First Paper Due
Recommended:
Robin Paul Molloy, “Is Law and
Economics Moral? Humanistic
Economics and a Classical Liberal
Critique of Posner’s Economic
Analysis”
How should we appoint judges?
Martha Chamallas, Introduction to
Feminist Legal Theory, “Chapter 1:
Thinking Like a Feminist”
Katharine T. Bartlett, “Feminist Legal
Methods [1990]” in Feminist Legal
Theory: Readings in Law and Gender.
***Note that the discussion of these two
excerpts will likely spill over into the
following weeks.
Adrien Katherine Wing & Monica Nigh
Smith, “Critical Race Feminism Lifts
the Veil? Muslim Women, France, and
the Head Scarf Ban”
Kay S. Hymowitz, “Why the Gender
Gap Won’t Go Away. Ever.”
Law and Feminism:
An Application, but with
some tough questions
January 8
Fiona M. Kay & John Hagan, “The
Persistent Glass Ceiling: Gendered
Inequalities in the Earnings of Lawyers”
WINTER BREAK
The “Legal Crits”
Richard Delgado & Jean Stefancic,
Excerpts from “Critical Race Theory:
An Annotated Bibliography”
Richard Delgado, “Shadowboxing: An
Essay on Power”
January 15
Outline for major
research paper due
The “Legal Crits”:
Methodology
Miedema, TRN 425Y Syllabus 2013-2014
Richard Delgado, “Storytelling for
Oppositionists and Others: A Plea for
Narrative”
Derrick Bell, “After We're Gone:
Prudent Speculations on America in a
9
January 22
January 29
February 5
The intersection between
feminism and the legal
criticism movement:
Gender and race
“Natural Justice”
Group Project Day:
Public Policy Exercise –
Rolling Out Broadband
February 12 “Rule of Law”
February
19
Reading Week
February 26 International Human
Rights and National
Human Rights Institutions
March 5
The Rule of Law, human
rights, and law and
feminism
Post-Racial Epoch”
Angela P. Harris, “Race and
Essentialism in Feminist Legal Theory”
Paulette M. Caldwell, “A Hair Piece:
Perspectives on the Intersection of Race
and Gender”
D.J. Mullen, “Fairness: The New
Natural Justice?”
Evans et. al., Excerpts from
Administrative Law
Dossier to be provided.
Review Module 2, section 2.4, “Key
Concepts in Competition Policy”;
Module 2, section 6 on
“Infrastructure Sharing” especially
sections 6.1, 6.2, 6.4, and 6.6; Module
3, sections 7.1 and 8.1.1; Module 4,
sections 3.4 and 5.4; and Module 7,
section 1.4 on the ICT Regulation
Toolkit: www.ictregulationtoolkit.org
Note: these sections are relatively
short. These materials will assist you
in preparing for the public policy
exercise.
Michael J. Trebilcock & Ronald J.
Daniels, “The Relationship of the Rule
of Law to Development”
“Gone Fishin’”
C. Raj Kumar, “National Human Rights
Institutions: Good Governance
Perspectives on Institutionalization of
Human Rights”
The Paris Principles (BB)
Rebecca J. Cook, “Women’s
International Human Rights Law: The
Way Forward”
Dorothy L. Hodgson, “Women’s Rights
as Human Rights: Women in Law and
Miedema, TRN 425Y Syllabus 2013-2014
10
March 12
March 19
March 26
April 2
Group Exercise Day:
Structuring a National
Human Rights
Institution
Major research paper
due.
Property law: a case study
in different approaches to
legal scholarship
Part I: The legal
philosophers and the legal
feminists weigh in
Property law: a case study
in different approaches to
legal scholarship
Part II: The law and
economics scholars defend
an economic analysis of
property while the legal
crits deconstruct the
conception of “property”
Critical reflections on
three workshops are due.
Course wrap-up in which
professor imparts wisdom
upon students.
Miedema, TRN 425Y Syllabus 2013-2014
Development in Africa”
Dossier to be provided.
Review the Paris Principles and
supporting materials (BB)
Riggs v. Palmer
Silvia Federici, “Women, Land
Struggles and the Reconstruction of the
Commons”
Elizabeth Mayes, “Private Property, the
Private Subject, and Women”
Guido Calabresi & A. Douglas
Melamed, “Property Rules, Liability
Rules, and Inalienability: One View of
the Cathedral”
Derrick Bell, “White Superiority in
America: Its Legal Legacy, Its
Economic Costs”
Yes, attendance is mandatory.
We will reflect on the different
approaches to legal scholarship and
legal concepts that we have studied and
consider how they have impacted our
understanding of the law. Which
approaches did you find to be the most
helpful? What about the most
challenging? Which approaches
seemed to affirm your personal
understanding of the law and which
approaches rattled your framework?
11
Appendix B: FAQs re: The Workshops
Q: How many workshops do I have to attend?
A.: A minimum of three (3). In order to complete the required assignments in this
course, you must attend three workshops from different series over the course of the year.
You may attend more than the minimum number of workshops if you so desire.
Q. Do I have to tell anyone that I am attending the workshops?
A. Yes. You must give me at least 24 hours advance notice of your intention to attend a
workshop. You may also have to RSVP for the workshops. Check the workshops
schedules to see if an RSVP is necessary.
Q. Are some workshops reserved exclusively for law students?
A. Yes, but the workshop schedules clearly indicate when a seminar or workshop is
limited to law students. If there is no note indicating that attendance at a workshop is
reserved for law students, my understanding is that you may attend the workshop. Some
of the workshops are part of courses taken by law students (e.g., the Law and Economics
series). Nevertheless, even those workshops are open to students who are not in the
course in question. If you have any concerns, please let me know.
Q. Who else attends these workshops?
A. A mix of people. Students and grad students at the Faculty of Law attend the
workshops, as do faculty members. Occasionally, a practitioner may even attend. The
attendance depends on the topic and the speaker. Some workshops are “blockbuster”
affairs: a hot topic, a respected scholar, etc. Some workshops are dry as a bone and
everyone knows it. Attendance at those workshops may be low.
Q. Is there a dress code at the workshops?
A. No. You will find that there are some people who are dressed up and others who wear
jeans and t-shirts. Of course, many law students are keeners who also dress keenly. But
you likely will not be out of place if you wear street clothes.
Q. What happens at the workshops?
A. A speaker is introduced to the attendees, usually by a faculty member. The speaker
then presents a paper or topic. The length of the presentation depends on the speaker.
After the presentation, the floor is opened to questions. There may be lots of questions—
or very few. Sometimes, a great discussion follows. Other times, you feel a bit bad for
the speaker because no one has anything to say and the speaker has under-whelmed the
audience.
Q. Can I ask a question?
A. Yes. Try to make your questions brief and intelligent.
Miedema, TRN 425Y Syllabus 2013-2014
12
Q. How can I prepare for the workshops?
A. There is often a paper that is distributed before the workshop. Read the paper. You
should also read the biography of the presenter. If a paper is not provided, there may be a
summary of the arguments included in the email circulated before the workshop.
Q. What emails circulated before the workshop?
A. I will (with your permission) have you placed on the email list for each of the
workshop series. You will then receive reminder emails about upcoming workshops.
You will also receive the papers, biographies, and/or summaries of workshops.
Q. Where are the workshops?
A. They are all held at the Faculty of Law. The Faculty of Law is located just south of
the ROM, on the west side of Queens Park Circle. Most workshops will be in Falconer
Hall (FA), which is the law building that does NOT house the law library. The law
building that houses the law library is called Flavelle House (FL).
Q. Is it okay if I only attend workshops from one series (e.g., only law
and economics workshops)?
A. No. You must attend (and critique) workshops from at least three (3) different series.
Try to step out of your comfort zone in terms of your workshop selections. You may be
pleasantly surprised.
Q. Will I have trouble understanding the presentations since I am not a
law student?
A. Everyone has difficulty from time to time understanding the presentations. We will
learn about various approaches to legal scholarship in September and October. This will
help you in understanding some of the presentations. But there will be times when you
feel like you are in way over your head. Do not worry. It is likely that half the people
attending the same workshop feel the same way.
Miedema, TRN 425Y Syllabus 2013-2014
13