51.205 - Introduction to
Public Law
Course Materials
News
Questions regarding the 2nd Term Paper
Several questions have been
asked regarding the requirements, especially:
- whether your personal opinion should be included; and
- what the meaning of "discussion" is, and whether I expect simply a summary
of the cases.
- the paragraphs in SCC decisions;
- word length.
Answer:
- Yes, take a certain stance, but NOT (for instance) on abortion as a MORAL
issue, but as a LEGAL issue. In other words, do not tell me what your
feelings/emotions are, your "morality", but how you evaluate the Constitution,
the "simple" statutory law, and the judicial decisions, and how you would
decide as an impartial judge. --
- Please have another look at the instructions in the course outline --
especially the passage:
Other technical aspects:
Criteria to be used in
grading the course paper will be good organization and use of sources,
comprehensive and up-to-date treatment of the subject matter, accuracy in
grammar and spelling, originality (this includes no quoting or paraphrasing
of secondary sources without explicit acknowledgement), accuracy (in
grammar, spelling, and law), conciseness, reasoned analysis (discussion of
pros and cons, comparisons, assessments, use of concrete examples, logical
arguments, etc., rather than pure description or pure subjective opinion),
and clarity. Use gender-appropriate language (e.g., avoiding use of male
gender alone where both genders are relevant).
In this
context, please highlight the following phrases: "... reasoned analysis
(discussion of pros and cons, comparisons, assessments, use of concrete
examples, logical arguments, etc., rather than pure description or pure
subjective opinion)..." -- I trust that you will admit that this is as
concrete a task as possible in the circumstances. In short: you are expected
to give a "reasoned analysis!"
- Only the more recent SCC decisions (i.e. after 1995) are numbered by
paragraphs. In general, older decisions, for instance Borowski or Daigle, can
only be quoted by page, e.g. from the Supreme Court Reports (S.C.R.) -- which
is only possible if you have access to the hardcopy S.C.R. The UofM Internet
rendition of these older decisions, alas, does not lend itself to "paging". If
you want to quote from those decisions but have no access to the "hardcopy"
S.C.R. or other law reports, please refer to the judge and her/his opinion in
the relevant case and mention (but only the first time, in general) that you
have to quote from the "pageless" Web).
SOME of the more important
pre-1995 decisions, e.g. Morgentaler (No. 2) of 1988, have meanwhile been
"paragraph-numbered" for the Web by the UofM Internet editors.
Even in the
"numbered" decisions, the so-called headnotes are not numbered. The paragraphs
(usually abridged as "para." in the singular and "paras." in the plural) begin
only with "real" judicial opinion(s). Example: In Morgentaler (No. 2), the
paras. begin with "1. THE CHIEF JUSTICE--". The opinion of Wilson J. begins
with para. 217.
Again: Whenever possible, please cite the paragraph(s).
- For the 2nd Term Paper, a margin of 100 words on either side of the 2000
word limit will be acceptable.
Welcome Students of Section A
- Course Outline:
Please note that the Course Outline on this
Website covers only Sections C and V. The Course Outline for Section A, in the
form in which is was handed out last fall by Professor Crawford, is still
available on the Website of the Dept. of Law.
- 2nd Term Paper Topics:
Please note the difference between
Sections A and the other two Sections!
- NEWS, PowerPoint Slides, etc:
Please feel free to make use of
all other information on this Course Website. You may wish to view and/or
print out the PowerPoint slides (=class notes) which are posted before each
class, in order to make note-taking easier.
Regarding Term Papers -- Please note:
When quoting (in footnotes,
etc.) from recent Supreme Court of Canada decisions, please refer always to the
various paragraphs (paras.) - In other words, just citing the Internet link for
the whole decision when referring to a specific para. is not enough.
The whole text of the 1987 Constitutional Accord (Meech Lake Accord) is
available on the Internet:
http://www.solon.org/Constitutions/Canada/English/Proposals/MeechLake.html
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