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Nuestros programas de doctorado ofrecen la oportunidad de realizar estudios avanzados con la flexibilidad de cursar el trabajo académico en línea en un programa de nivel doctoral.
The LL.M. (Master of Laws) is an internationally recognized postgraduate law degree. This programme may be completed in as little as one year or a maximum of five years. The LL.M. is a higher academic degree, comparable…
The LL.M. (Master of Laws) is an internationally recognized postgraduate law degree. This programme may be completed in as little as one year or a maximum of five years. The LL.M. is a higher academic degree, comparable to an MBA in business and management. Law students and professionals frequently pursue the LL.M. to gain expertise in a specialized field of law, for example in the area of commercial trusts law or international environmental law. Many law firms prefer job candidates with an LL.M. degree because it indicates that a lawyer has acquired advanced, specialized legal training, and is qualified to work in a multinational legal environment.
In most countries, lawyers are not required to hold an LL.M. degree, and many do not choose to obtain one. An LL.M. degree by itself generally does not qualify graduates to practice law. In most cases, LL.M. students must first obtain a professional degree in law, e.g. the Bachelor of Laws (LL.B.) in the United Kingdom or the Juris Doctor (J.D.) in the United States, and pass a bar exam or the equivalent exam in other countries. While the general curriculum of the LL.B. and J.D. is designed to give students the basic skills and knowledge to become lawyers, law students wishing to specialize in a particular area can continue their studies with an LL.M. program.
Michael University’s Master of Laws (LL.M.) Programme promotes transnational law knowledge and economic development, and prepares its LL.M. students for global interaction and their professional roles in the internationalized economy. Michael University offers six areas of specialization for the LL.M. Each course is divided into four sections to be studied in the order listed. There is a separate 45-minute written examination at the end of each section. There are no oral exams and no dissertations.
Note: Under certain circumstances you will have the opportunity to make a second attempt at an exam for a section.
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(Students are advised that the subject demands some previous knowledge of English law in general, and especially of the English law of contract and agency, and of trusts.)
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Perspectives on Labour and Employment Law: From Theory to Practice [6 credits] This course examines theoretical approaches that have played a significant role in the development of Canadian labour and employment law, and also looks at the contribution that empirical and comparative research methodologies have made to the study of this area of law. Selected writings by labour law scholars, in Canada and elsewhere, will be reviewed from both a theoretical and a methodological perspective.
The Individual Employment Relationship [6 credits] New patterns for the utilization and control of productive labour have prompted debate over the effectiveness of existing mechanisms for the regulation of workplace relationships. The course focuses on common law and statutory regulation of the terms and conditions in employment relationships not covered by collective bargaining, with emphasis on the impact of recent economic, judicial and statutory developments for the continued relevance of these standards in the modern context. It includes an historical survey of their development and an overview of the basic protections offered to workers in Ontario and other Canadian jurisdictions in areas such as hours of work, vacation, maternity and parental leave, and notice of termination. The interaction of individual employment law with collective agreements and employment standards legislation will also be considered. Finally, the course addresses the continuing development of employment standards legislation in the face of the global economy and new working arrangements, such as telecommuting and contract work. Students will consider whether these changes call for the raising of existing standards or for more flexibility for employers. This includes a reconsideration of the effectiveness and appropriateness of focusing on employment as the foundational concept for the operation of existing schemes of reg
The Charter and Human Rights in Labour Law [6 credits] The workplace has been a significant source of legal developments in respect of both statutory human rights legislation and the constitutionally entrenched Canadian Charter of Rights and Freedoms. This course will examine, in the employment context, the nature of prohibited discrimination and statutory defences, the duty to accommodate, and remedies under human rights statutes, as well as the processes for dealing with such issues. In particular, the respective roles of the human rights administrative process and collective agreement arbitration will be assessed. In respect of the Charter, the role of administrative tribunals as well as courts in dealing with Charter claims will be considered. The substantive focus will be the impact of s. 15 (equality), s. 2(d) freedom of association, and s. 2(b) (freedom of expression) on labour law.
Labour and Employment Law in the New Economy [6 credits] The ‘new economy’ is defined by globalization, by technological change and by neoliberal policies which envisage a more limited role for the state in the labour market and elsewhere. These forces - individually and in combination - challenge many of the assumptions on which collective bargaining and protective labour legislation have traditionally been grounded. This course explores both the resulting stresses in existing regimes of labour law and attempts to create new regimes, especially those with international and transnational dimensions.
Industrial Conflict: Common Law and Labour Board Remedies [3 credits] In the regulation of strikes, lockouts and picketing, the common law often comes to the surface and fits uneasily with the statutory labour relations regime, both substantively and in terms of remedies. The following are among the topics that may be dealt with in this course: the common law industrial torts and their new life after Pepsi-Cola; the right to strike at common law and its continued relevance to workers not covered by labour relations legislation; issues arising from the growing use of partial strike tactics; the impact (if any) of the Charter rights of freedom of association and expression on strikes and picketing, including political strikes; the interface between court and labour board jurisdiction, substantively and in terms of available remedies, and the appropriate extent of court deference to legislative and board regulation in the Charter era; recent jurisprudence on the legal capacity of unions and its implications for the regulation of industrial conflict; the extent of the employer's right to use replacement workers; and the extent of the job rights of returning strikers. High union density in the public and parapublic sectors, and growing governmental concern for fiscal restraint, make it necessary to consider the treatment of strikes and lockouts in essential services and the justification for imposing dispute resolution procedures that do not involve work stoppages.
Labour and Pension Law in Restructuring the Insolvent Enterprise [3 credits] Labour and pension law are remedial regulatory regimes designed to protect employees in their relations with their employers. Once it becomes insolvent however, that employer loses much of its control over the enterprise to creditors. This course addresses the consequences of an employer’s insolvency for the labour and pension rights of employees. In particular, the course will concentrate on the effects on these rights of the choice of restructuring, rather than liquidation, as the means to deal with insolvency.
Comparative Labour Law: The Wagner Model [3 credits] The Canadian labour law model has long been linked legislatively and philosophically with the American Wagner Act model. Yet, for all the similarities between the two models, there are significant differences too. Some of these differences flow directly from variations in statutory language and constitutional divisions of power, while others are the result of different trajectories in the case law of the National Labor Relations Board and the American courts. In debates about labour law reform in both countries over the years, reference has often been made to the perceived benefits and flaws of the other system. This course will introduce the student to the key aspects of the American labor law model, including its historical development and key moments in case law and legislative reform, as well as the theoretical and philosophical debates that have shaped the model over time and at present.
Dissertation [9 credits] A Dissertation of approximately 70 pages may be completed on an approved topic in Labour Relations and Employment law, provided appropriate supervision is available.
The dissertation should go beyond merely describing legal developments to include independent critical analysis of its subject matter. It should be work of publishable quality. You will be required, at a minimum, to submit to your supervisor an outline and bibliography for approval before writing your paper. The final paper is marked on a pass/fail basis.
Maritime law is a fascinating blend of commercial law and environmental law, of private law and public law, of national law and international law. Characters include salvors and scuttlers, pirates and pilots, treasure hunters and tug owners. Maritime law unfolds against the most dramatic of backdrops, such as war and invasion, storms and pollution disasters. It addresses issues as diverse as the liability of carriers of goods to the exploitation of fish stocks, the legal response to stowaways to the insurance response to smuggling.
Maritime law is a fascinating blend of commercial law and environmental law, of private law and public law, of national law and international law. Characters include salvors and scuttlers, pirates and pilots, treasure hunters and tug owners. Maritime law unfolds against the most dramatic of backdrops, such as war and invasion, storms and pollution disasters. It addresses issues as diverse as the liability of carriers of goods to the exploitation of fish stocks, the legal response to stowaways to the insurance response to smuggling.
Marine Insurance This course provides an analysis of the foundations and fundamental concepts relating to the insurance of ships, cargoes and freight. The law considered is predominantly English law, which is of international relevance. It represents the basis of the law followed in Commonwealth countries, the United States and in many other countries. The insurance forms and documents used on the London marine insurance market are also adopted in a large number of overseas insurance markets. Throughout the course the respective positions of assureds and underwriters are analysed, as also are the special features of the marine insurance contract, the risks covered and the concepts of causation, indemnity, subrogation, co-insurance and reinsurance.
Charterparties and Carriage of Goods by Sea The charterparty represents the major contract under which ships are engaged for commercial purposes. The unit identifies and analyses the main categories of charterparty, namely the bareboat or demise charterparty, and time, voyage and hybrid charterparties. Also examined is the relationship between charterparties and negotiable bills of lading, for chartered ships frequently carry cargo in respect of which a bill of lading has been issued. Charterparty fraud is also addressed.
Marine Cargo Claims Carriage of goods by sea is regulated by international conventions, with consequential harmonisation. This course traces and analyses this process, commencing with the Hague Rules and thereafter the Hague Visby Rules and the Hamburg Rules. These regimes occupy a central position in commercial shipping, for most cargo loss and damage claims will be governed by the provisions of one or the other of the international regimes. But the fact that the world has ended up with three, as distinct from one, international regimes produces numerous difficulties which will be explored.
Law of the Sea -International and Regional Perspectives The sea constitutes two-thirds of the entire planet and is of fundamental importance to human activity, sustaining life, providing commerce and navigational routes and a substantial proportion of our natural resources. this module examines the global and regional governance of the seas and addresses a number of key issues in the formulation and appreciation of marine policy, including the development of international and European rules; rights and duties of states over maritime areas and resources, as well as common areas; illegal conduct and the enforcement of maritime law; and the emerging importance of marine environmental issues, not least in the context of highly newsworthy events such as sea-level rise and the whaling debate.
International Trade Law The module analyses the structure and operation of international sale contracts, especially CIF, CIP and FOB contracts, focusing on the respective obligations and rights of seller and buyers, questions of title and risk, and remedies for breach. Also examined are INCOTERMS promulgated by the International Chamber of Commerce (ICC), international sales under the Vienna Convention 1980 and commodity trading contracts. Emphasis is given to an examination of the relevant transport documentation, especially the bill of lading, the insurance of goods in transit, and the different legal mechanisms by which the law protects international buyers.
International Litigation and Arbitration International disputes that cannot be otherwise resolved are customarily referred to national courts and arbitration. National courts may assume jurisdiction over international disputes and a global network of arbitration organizations and international institutions exist to address references to arbitration. The module examines the judicial and arbitration structures which exist to resolve international disputes, the special international law that has been developed and the associated questions of the private international law.
Dissertation [9 credits] A Dissertation of approximately 70 pages may be completed on an approved topic in Maritime law, provided appropriate supervision is available. The dissertation should go beyond merely describing legal developments to include independent critical analysis of its subject matter. It should be work of publishable quality. You will be required, at a minimum, to submit to your supervisor an outline and bibliography for approval before writing your paper. The final paper is marked on a pass/fail basis.
The Master of Laws in Taxation is ranked among the preeminent programs of its kind among the graduate programs. This Tax LL.M. program offers a unique combination of expert adjunct faculty and full-time tax faculty.
Nuestros programas de doctorado ofrecen la oportunidad de realizar estudios avanzados con la flexibilidad de cursar el trabajo académico en línea en un programa de nivel doctoral.