St. Jerome’s University in the University of Waterloo Department of Sociology and Legal Studies Fall 2013 LS 402 (Section 002) Senior Honours Seminar in Legal Studies II Wednesdays 10:30am-12:20pm STJ 3020 COURSE OUTLINE Course Instructor Susan Dianne Brophy, PhD Instructor Contact Information Email: susan.brophy@uwaterloo.ca Phone: 519-888-4567 ext. 28284 Office: STJ 3025 Office Hours Wednesdays 12:30pm-2:00pm Waterloo LEARN LS 402 Section 002 has an online home that is accessible via learn.uwaterloo.ca. Students should visit this page for the latest course announcements, assignment instructions, and course email policies. Go to this page frequently and make it your first stop if you have any questions about the course. Course Description This senior seminar provides the opportunity to deepen the knowledge that you have gained over your previous three years as a Legal Studies student. We will explore major topics relevant to the study of law from a variety of interdisciplinary perspectives, focusing in equal measure on both the historical context of the subject matter as well as current developments in the area. Course Objectives Given that this is a senior seminar, the first objective is to encourage students to take ownership of the course. Other than a few opening remarks and guiding questions from the course instructor, the students themselves are responsible for setting the tone and tempo of the in-class experience. The second objective, related to the first, is to foster an environment of respectful and knowledgeable critique, which is essential to effective scholarly debate. This means that students must be exceptionally well-prepared on a weekly basis to not only answer, but also ask pointed questions that demonstrate your critical reading and thinking skills. Required Texts Course Reserves: All of readings can be accessed through the Library Course Reserves. Course Overview Week 1 September 11 Introduction Theme: Body Week 2 Week 3 Week 4 September 18 September 25 October 2 Corporal and Capital Punishment Prostitution Human Trafficking Theme: Mind Week 5 Week 6 Week 7 October 9 October 16 October 23 Impaired Driving Addiction and Criminality Mental Health and Culpability Week 8 October 30 Essay Writing Workshop Week 9 Week 10 Week 11 Week 12 November 6 November 13 November 20 November 27 Work Online Corporate National Theme: Security Course Evaluation Requirement Participation Research Essay Description Value Schedule Includes both leader and 40% Weekly participant responsibilities as well as your contributions during Week 8’s Essay Writing Workshop. Choose from one of the topics 60% Thursday, December 5 covered in this course. 2013. 14-16 pages. Drop-off in STJ 3025 Include minimum of 8 scholarly between noon-2pm. sources in addition to the relevant course readings. Late and Missed Course Requirements Any assignment submitted after the date and time that it is due will be subjected to a 5% per day late penalty (Saturdays and Sundays together count for 5%). For example, if you submit a paper that is assessed at 85%, it will fall to 80% if you submit it late by one day, 75% for two days, 70% for three days (and so on). Note: (a) your assignment will not be accepted if it is more than 5 days late; (b) the following policies also apply if you think that you will not be able to carry-out your responsibilities as a seminar leader on the date you selected at the beginning of the term. Accommodations will only be considered if: (a) you are ill and submit a University of Waterloo Verification of Illness Form to the course instructor as soon as possible; (b) there was a death of a family member, which you can prove through official documentation (travel receipts will not suffice) submitted to the course instructor; (c) due dates conflict with important dates on your religious calendar, and you have informed the course instructor of this fact; (d) you are registered with AccessAbility Services and can provide the course instructor with the relevant documentation. Do familiarize yourself with the University of Waterloo’s policies on what your responsibilities are in the event of a late or missed course requirement: https://uwaterloo.ca/registrar/finalexaminations/examination-regulations-and-related-matters#acc_illness Keep in mind the following regulations: Students in on-campus courses who are ill and unable to meet assignment due dates or write a term test or final examination should seek medical treatment and provide confirmation of the illness to the instructor(s) within 48 hours by submitting a completed University of Waterloo Verification of Illness Form to support requests for accommodation due to illness. The University of Waterloo Verification of Illness Form is normally the only acceptable medical documentation and is available on line at uwaterloo.ca/health-services/studentmedical-clinic/services/verification-illness. Students who consult their physician or use the services of an off-campus walk-in clinic must provide this form to the attending physician for completion; doctors' notes and forms created by the physician or clinic are normally not acceptable. Submission and Pick-up of Assignments You will submit your written work in person on December 5, 2013. You will be able to pick up your graded assignments within two weeks of the date of submission. Reading Schedule = MANDATORY READING FOR WHOLE CLASS Those readings or sources that do not have this symbol beside them are ones that the Seminar Leaders should be nevertheless be familiar with in order to lead their assigned session in a knowledgeable and effective manner. Note also that news items related to a particular topic will be updated throughout the year as they are available. You will find such additions on the LEARN site. Sept 11 WEEK 1 OVERVIEW & INTRODUCTION THEME: BODY Sept 18 WEEK 2 INCARCERATION AND EXTERMINATION SEMINAR LEADER(S) Theory/context Foucault, M. (2003) 17 March 1976. ‘Society must be Defended’, New Journal(s) York: Picador: pp. 239-263. Cover, Robert M. (1986) Violence and the Word. Yale Law Journal 95(8), 1601-1629. Harvie, R., & Foster, H. (2005) Shocks and balances: United States v. Burns, fine-tuning Canadian extradition law and the future of the death penalty. Gonzaga Law Review 40(2), 293-327. Kaufman-Osborn, T.V. (2006) A critique of contemporary death penalty abolitionism. Punishment & Society 8(3), 365-383. Radelet, M.L., & Borg, M.J. (2000) The changing nature of death penalty debates. Annual Review of Sociology 26, 43-61. Rubenstein, L.S. & Annas, G.J. (2009) Medical ethics at Guantanamo Bay detention centre and in the US military: A time for reform. The Lancet, 374(9686), 353-355. News Williams, J. (2001) Hunger-Strikes: A Prisoner's Right or a ‘Wicked Folly’? Howard Journal of Criminal Justice 40(3), 285-296. VIDEO: California Prisoners Challenge Solitary, Jail Conditions with Largest Hunger Strike in State History (Jul 17, 2013) Democracy Now. Mears, B. (2001) Public discomfort leads to plunge in death sentences CNN. Case(s) Canada (Prime Minister) v. Khadr, 2010 SCC 3, [2010] 1 S.C.R. 44 Law(s) United States v. Burns, 2001 SCC 7, [2001] 1 S.C.R. 283 Corrections and Conditional Release Act (S.C. 1992, c. 20): Living Conditions Government proceeding(s) or Documents Other The death penalty v. human rights: Why abolish the death penalty? Amnesty International. Retrieved June 26, 2012 from VIDEO: The Colbert Report (2012) Sept 25 WEEK 3 TODAY’S PROSTITUTION LAWS IN HISTORICAL CONTEXT SEMINAR LEADER(S) Theory/context Federici, S. (2004) The Accumulation of Labor and the Degradation of Journal(s) Women: Constructing ‘Difference’ in the ‘Transition to Capitalism’. Caliban and the Witch. New York: Autonomedia, pp. 61-115. Jeffrey, L.A., & Sullivan, B. (2009). Canadian sex work policy for the 21st century: Enhancing rights and safety, lessons from Australia. Canadian Political Science Review 3(1), 57-76. Lewis, J., & Maticka-Tyndale, E. (2000). Licensing sex work: Public policy and women’s lives. Canadian Public Policy 26(4), 437-449. News Young, A. (2008). The state is still in the bedrooms of the nation: The control and regulation of sexuality in Canadian criminal law. The Canadian Journal of Human Sexuality 17(4), 203-220. Keller, J. (April 4, 2013) Vancouver police reluctant to investigate missing native women, Pickton probe told, The Globe and Mail. Poisson, J. (Mar 26, 2012) Sex worker advocates clash over landmark ruling, Toronto Star. Sher, J. (Jun 12, 2013) Should brothels be legal? Supreme Court of Canada ponders issue, Toronto Star. Makin, K. (Jun 13, 2013) Challengers of prostitution law bring sobering facts and a focus on choice, The Globe and Mail. Case(s) R. v. Bedford, [2010]1 ONCA 186 Law(s) R. v. Gain, [2005] BCSC 413 (British Columbia Supreme Court). Criminal Code of Canada. Procuring. Sec. 212. Government proceeding(s) or Documents Criminal Code of Canada. Offences in Relation to Prostitution. Sec. 213. Canada. Parliament. House of Commons. Subcommittee on solicitation laws of the standing committee on justice, human rights, public safety and emergency preparedness. 38th Parliament. Evidence. (February 21, 2005). 1st Session. Other Oct 2 WEEK 4 SEMINAR LEADER(S) Theory/context Journal(s) HUMAN TRAFFICKING (THEN AND NOW) James, C.L.R. (1963 [1938]) The Black Jacobins: Toussaint L’Ouverture and the San Domingo Revolution. - Preface to the First Edition - Prologue - The Property Butcher, K. (2003). Confusion between prostitution and sex trafficking. The Lancet. Lusk, M. & Lucas, F. (2009). The challenge of human trafficking and contemporary slavery. Journal of Comparative Social Welfare 25(1), 49-57. News Case(s) Sethi, A. (2007). Domestic sex trafficking of Aboriginal girls in Canada: Issues and implications. First Peoples Child & Family Review 3(3), 57-71. Perrin, B., A better plan to stop migrant smuggling (Nov 11, 2011) National Post. ‘Human trafficking ring’ broken up (Aug 10, 2013) BBC News Europe. Canada v. Ward. 1993 2 S.C.R. 689 (Supreme Court of Canada). R. v. Ng. 2007 BCJ 1388. BCPC 204. (British Columbia Provincial Court). Law(s) Government proceeding(s) or Documents Bill C-268: An Act to amend the Criminal Code. (2009). 1st reading January 29, 2009, 40th Parliament, 2nd Session. Ottawa: Public Works and Government Services Canada. Canada. Parliament. House of Commons. Standing Committee on the Status of Women. (February 2007). Turning outrage into action to address trafficking for the purpose of sexual exploitation in Canada. 39th Parliament. 1st Session. Other Perrin, B., Ste. Marie, D., & Raymond, S. (2006). Conference on human trafficking in Canada. Vancouver. THEME: MIND Oct 9 WEEK 5 IMPAIRED DRIVING SEMINAR LEADER(S) Theory/context Hart, H.L.A. (1959-60) The Presidential Address: Prolegomenon to the Principles of Punishment. Proceedings of the Aristotelian Society 60, 1-26. Journal(s) Koles, K. (2003). Impaired driving in the Criminal Code: A brief history. The Advocate 61(2), 213-221. Carpenter, C. (2006). Did Ontario’s zero tolerance & graduated licensing law reduce youth drunk driving? Journal of Policy Analysis and Management 25(1), 183-195. Kelly, F. (2006). Before you host a party, read this: Social host liability and the decision in Childs v. Desormeaux. U.B.C Law Review 39, 371-388. McCarthy, D.M., Lynch, A.M., & Pedersen, S.L. (2007). Driving after use of alcohol and marijuana in college students. Psychology of Addictive Behaviours 21(3), 425-430. News Case(s) Patra, J., Rehm, J., & Popova, S. (2011). Avoidable Alcohol-Attributable Criminality and its Costs due to Selected Interventions in Canada. International Journal of Drug Policy 22, 109-119. Hunter, J.B.C. announced ‘toughest’ drunk-driving laws in country (Apr 27, 2010) The Globe and Mail. Drinkwater, Rob, ‘Nobody’s safe out there’: Victims’ families hail MacKay as he signals change to drunk driving laws (Jul 26, 2013) National Post. R. v. Du Jardin, 2008 OJ No. 3566 (Ontario Superior Court of Justice). R. v. Gibson, 2008 SCC 16 (Supreme Court of Canada.) Law(s) Government proceeding(s) or Documents Bill C-2: An Act to amend the Criminal Code and to Make Consequential Amendments to Other Acts. Ontario Ministry of Transportation. (last modified 2010, December 29). Impaired Driving. Other The National Institute on Drug Abuse: What is drugged driving? Oct 16 WEEK 6 ADDICTION AND CRIMINALITY SEMINAR LEADER(S) Theory/context Journal(s) Moore, D. (2007) Criminal Artefacts: Governing Drugs and Users. Vancouver: UBC Press, pp. 1-55. 1 Introduction 2 Mentalities of Treatment: The Criminal Addict and the Project of Change Fischer B. (2003) ‘Doing Good with a Vengeance': A Critical Assessment of the Practices, Effects and Implications of Drug Treatment Courts in North America. Criminology & Criminal Justice 3(3), 227-248. Pedersen, Willy; Skardhamar, Torbjørn (2010) Cannabis and crime: findings from a longitudinal study. Addiction 105(1), 109-118. Sheridan, L.; North, A.; Maltby, J.; Gillett, R. (2007) Celebrity worship, addiction and criminality. Psychology, Crime & Law 13(6), 559-571. News Moore, D. (2007) Translating Justice and Therapy. The British Journal of Criminology 47(1), 42-60. Wordsworth, A. Uruguay poised to become first in the world to legalize marijuana (Aug 2, 2013) National Post. Goodnough, A., A Wave of addiction and crime, with the medicine cabinet to blame (Sept. 24, 2010) New York Times. Beatty, D., Taking the crime out of heroin addiction (Feb 19, 2007) The Guardian. Benjamin, A. Breaking the link between crime and drug addiction (Dec 1, 2004) The Guardian. Case(s) Law(s) Controlled Drugs and Substances Act SC 1996, c. 19 Part I – Offences and Punishment Canadian Centre on Substance Abuse Act RSC, 1985 c. 48 Government proceeding(s) or Documents Other Oct 23 WEEK 7 MENTAL HEALTH AND CULPABILITY SEMINAR LEADER(S) Theory/context Foucault, M. (1997) Psychiatric Power and The Abnormals. Ethics: Subjectivity and Truth. P. Rabinow (Ed.), R. Hurley et al. (Trans.), New York: The New Press, pp. 39-58. Fanon, F. (1967, c1965) Medicine and Colonialism. A Dying Journal(s) Colonialism. New York: Grove Press, pp. 121-145. Melville, J.D., & Naimark, D. (2002). Punishing the insane: The verdict of guilty but mentally ill. Journal of American Academy of Psychiatry and the Law 30(4), 533-555. Robbins, P.C., Monahan, J., & Silver, E. (2003). Mental disorder, violence, and gender. Law and Human Behavior 27(6), 561-571. Silver, E. (2006). Understanding the relationship between mental disorder and violence: The need for a criminological perspective. Law and Human Behaviour 30(6), 685-706. News Spinelli, M.G. (2004) Maternal infanticide associated with mental illness: Prevention and the promise of saved lives. American Journal of Psychiatry 161(9), 1548-1557. Rush, C., Sammy Yatim: Latest in a long line of Toronto police shooting deaths (Jul 29, 2013) Toronto Star. Boesveld, S., Lethal force: Recent shootings raise questions over effectiveness of police use-of-force training (Aug 2, 2013) National Post. Winnipeg tragedy: Mothers lament postpartum depression stigma (Aug 1, 2013) CBC. Case(s) Law(s) Government proceeding(s) or Documents Other McCarntney, A. Court Grants Conservatorship Over Actress Bynes (Aug 9 2013), Associated Press. R. v. Schoenborn, 2010 BCSC 40 (British Columbia Supreme Court). Criminal Code of Canada. (2005). Section 16: Defence of Mental Disorder; Section 672.11 Fitness to Stand Trial: Assessment Orders; & Section 753.1(2) Application for Finding that an Offender is a Dangerous Offender. Thorton, A., The Ashley Smith Inquest: 5 Months In (Jun 17, 2013) Canadian Civil Liberties Association Justice Services - Canadian Mental Health Association – Ontario Oct 30 WEEK 8 ESSAY WRITING WORKSHOP THEME: SECURITY Nov 6 WEEK 9 JOB SECURITY AND SECURITY ON THE JOB SEMINAR LEADER(S) Theory/context Bannerji, H. (1995) The Matter of ‘X’: Building ‘Race’ into Sexual Journal(s) Harassment. Thinking Through, Toronto: Women’s Press, pp. 121-158. Salladarré, F. et al. (2011) How important is security in the choice of employment? Evidence from European countries. Economic and Industrial Democracy 32(4), 549-567. Bernstein, Stephanie; Dupuis, Marie-Josée; Vallée, Guylaine, (2009) Beyond Formal Equality: Closing the Gender Gap in a Changing Labour Market – A Study of Legislative Solutions Adopted in Canada. The Journal of Legislative Studies 15(4), 481-501. News Geiger-Brown, J. et al., (2007) Abuse and Violence During Home Care Work as Predictor of Worker Depression. Home Health Care Services Quarterly 26(1), 59-77. VIDEO: “We Are Slowly Dying”: Fast-Food Workers Launch Strike for Living Wage and Right to Unionize (Aug 2, 2013) Democracy Now VIDEO: The Daily Show with Jon Stewart (Aug 1, 2013). McArdle, M. When Law Is No Longer a Safe Bet (Jul 22, 2013) Bloomberg Views. Case(s) Law(s) Grant, T., The jobless face harsh choices a year after Electro-Motive shutdown (Mar 17, 2013) The Globe and Mail. Wallace v. United Grain Growers Ltd. [1997] 3 S.C.R. 701 Honda Canada Inc. v. Keays 2008 SCC 39 Employment Standards Act, 2000 SO 2000 Chapter 41 Termination of Employment Government proceeding(s) or Documents Other Economic Action Plan 2013: Jobs, Growth and Long-Term Prosperity Alternative Federal Budget 2013: Doing Better Together Elliot, L., Zero-hours contract workers - the new reserve army of labour? (Aug 4, 2013) The Guardian - Blog. Nov 13 WEEK 10 INTERNET PRIVACY (REGULATION AND COMMODIFICATION) SEMINAR LEADER(S) Theory/context Zittrain, J. (2008) The Future of the Internet and How to Stop It Journal(s) News Introduction. pp. 1-6 Part I The Rise and Stall of the Generative Net, pp. 7-10 Part III Solutions, pp. 149-152 Chapter 9 – Meeting the Risks of Generativity: Privacy 2.0, pp. 200-234 Steeves, Valerie M., (2008) If the Supreme Court Were on Facebook: Evaluating the Reasonable Expectation of Privacy Test from a Social Perspective. Canadian Journal of Criminology and Criminal Justice 50(3), 331-347. Metwally, A.; Agrawal, D.; El Abbadi, A.; Qi Zheng (2007) On Hit Inflation Techniques and Detection in Streams of Web Advertising Networks. International Conference on Distributed Computing Systems, 1-8. Swain, H., Are universities collecting too much information on staff and students? (Aug 5, 2013) The Guardian Thanh Ha, T. and Bitonti, D., Child-porn charges laid against Halifax teens in Rehtaeh Parsons case (Aug 8, 2013) The Globe and Mail Case(s) Law(s) Government proceeding(s) or Documents Other International: Mistrust authority; internet security (2011) The Economist, p. 66. A.B. v. Bragg Communications Inc. 2012 SCC 46 R. v. TELUS Communications Co. 2013 SCC 16 Privacy Act (R.S.C., 1985, c. P-21) Orbesen, J., Profit On-Demand (Apr 12, 2013) The Jacobin Mag. R.M., The Snowden effect (Aug 10, 2013) The Economist. VIDEO: Freedom to Connect: Aaron Swartz (1986-2013) on Victory to Save Open Internet, Fight Online Censors (Jan 14, 2013) Democracy Now. Nov 20 WEEK 11 CORPORATE RISK MANAGEMENT AND PROMOTION SEMINAR LEADER(S) Theory/context Smith, A. (1776) Book V - Part III - Art. I - Of the public Works and Journal(s) Institutions which are necessary for facilitating particular Branches of Commerce. Wealth of Nations, pp. 303-318. Bargeron, Leonce L.; Lehn, Kenneth M.; Zutter, Chad J. (2010) SarbanesOxley and corporate risk-taking. Journal of Accounting and Economics 49(1), 34-52. John, K.; Litov, L.; Yeung, B. (2008) Corporate Governance and RiskTaking. The Journal of Finance 63(4), 1679-1728. Mihet, R. (2013) Effects of culture on firm risk-taking: a cross-country and cross-industry analysis. Journal of Cultural Economics 37(1), 109-151. Morrison, A.D. (2011) Systemic risks and the ‘too-big-to-fail’ problem’. Oxford Review of Economic Policy 27(3), 498-516. Yakovlev, Pavel ; Sobel, Russell S. (2010) Occupational safety and profit News maximization: Friends or foes? Journal of Socio-Economics 39(3), 429-435. Bakewell, S., Insurance Bill for Renewables Seen Tripling to $2.8 Billion (Jul 25, 2013) Bloomberg News Cross, P., Black Swan economics (Aug 13, 2013) Financial Post. Francis, D., Doing well by doing good: The new generation of tech entrepreneurs (Jul 7, 2013) Financial Post. Stiglitz, J., Too big to succeed (Dec 13, 2009) The Guardian – Comment is Free. Case(s) Law(s) Government proceeding(s) or Documents Other Organization for Economic Co-operation and Development, Board Practices: Incentives and Governing Risks (2011). Nov 27 WEEK 12 CONSTRUCTING AND PROTECTING THE NATION SEMINAR LEADER(S) Theory/context Bannerji, H. (2000) Geography Lessons: On Being an Insider/Outsider to Journal(s) the Canadian Nation. The Dark Side of the Nation: Essays on Multiculturalism, Nationalism and Gender, Toronto: Canadian Scholars’ Press, pp. 63-86. Bell, C. (2006) Surveillance Strategies and Populations at Risk: Biopolitical Governance in Canada’s National Security Policy. Security Dialogue 37(2), 147-165. Moens, A. (2008) Afghanistan and the Revolution in Canadian Foreign Policy. International Journal 63(3), 569-586. News Murphy, C. (2009) “Securitizing” Canadian Policing: A New Policing Paradigm For the Post 9/11 Security State? The Canadian Journal of Sociology 32(4), 449-475. G20 Summit, Toronto Star. Blatchford, C.,Scarce evidence against officer accused of assault on Adam Nobody at G20 protest (Jun 6, 2013) National Post. Case(s) Law(s) Government proceeding(s) or Documents Features on Edward Snowden in The Guardian. Charkaoui v. Canada (Minister of Citizenship and Immigration), 2007 SCC 9 Immigration and Refugee Protection Act SC 2001, c.27 – Certificate Marin, André (2010) G20 Summit: Caught in the Act – Investigation into the Ministry of Community Safety and Correctional Services’ conduct in relation to Ontario Regulation 233/10 under the Public Works Protection Act Review of the findings and recommendations arising from the Iacobucci and O'Connor inquiries: Report of the Standing Committee on Public Safety and National Security. (2009) Canada. Parliament. House of Commons. Standing Committee on Public Safety and National Security. Other Academic Integrity In order to maintain a culture of academic integrity, members of the University of Waterloo and its Federated University and Affiliated Colleges are expected to promote honesty, trust, fairness, respect and responsibility. Discipline A student is expected to know what constitutes academic integrity, to avoid committing academic offences, and to take responsibility for his/her actions. A student who is unsure whether an action constitutes an offence, or who needs help in learning how to avoid offences (e.g., plagiarism, cheating) or about “rules” for group work/collaboration should seek guidance from the course professor, academic advisor, or the Associate Dean. When misconduct has been found to have occurred, disciplinary penalties will be imposed under St. Jerome’s University Academic Discipline Policy and UW Policy 71 – Student Discipline. For information on categories of offenses and types of penalties, students should refer to Policy 71 - Student Discipline. Grievance A student who believes that a decision affecting some aspect of his/her university life has been unfair or unreasonable may have grounds for initiating a grievance. For students who decide to file a grievance, students should refer to Policy 70 – Student Petitions and Grievances. In such a case, contact Dr. Scott Kline (scott.kline@uwaterloo.ca), Associate Dean of St. Jerome’s University. Appeals A student may appeal the finding and/or penalty in a decision made under Policy 71 – Student Discipline or Policy 70 – Student Petitions and Grievances if a ground for an appeal can be established. In such a case, contact Dr. John Rempel (jrempel@uwaterloo.ca), Appeals Officer of St. Jerome’s University. Academic Integrity website (Arts) http://arts.uwaterloo.ca/arts/ugrad/academic_responsibility.html Academic Integrity Office (UW) http://uwaterloo.ca/academic-integrity/ Note for students with disabilities The AccessAbility Services (AS) Office, located in Needles Hall, Room 1132, collaborates with all academic departments to arrange appropriate accommodations for students with disabilities without compromising the academic integrity of the curriculum. If you require academic accommodations to lessen the impact of your disability, please register with the AS Office at the beginning of each academic term.