Course Syllabus

Course Syllabus

This document is the official course syllabus for Property in its Historical Context (LAWS 1015/25), Section B, in the 2024-2025 academic year. The course is taught by Professor Jamie Baxter at the Schulich School of Law, Dalhousie University.

General Information #

Contact Details #

Please contact me by e-mail (jamie.baxter@dal.ca) about all matters related to the course. My office is Weldon 326.

Administration #

Information about course requirements and procedures can be found in this document and the in the Course Schedule. Both of these documents are available in the “Admin” section of the course website.

The Course Schedule may be amended during the year as needed. Please refer to the online versions of this document (rather than print-outs or local copies) for the most up-to-date information.

Class Meeting Schedule #

Our weekly meeting schedule is Tuesdays and Thursdays from 9:35AM to 10:55AM in W204. Please see the Course Schedule for details about class meetings.

Class Meeting Format #

We will aim to hold all of our class meetings in a hybrid format. This means that, when meeting in person, I plan to live stream that meeting via Zoom. Students attending remotely are encouraged to participate in the meeting via the chat function. From time to time, we may conduct a meeting entirely online when circumstances require.

Please be aware that class meetings will be recorded, consistent with the Dalhousie Class Recording Protocol. By engaging in course activities, you are consenting to the use of your appearance, image, text/chat messaging, and voice and/or likeness in the manner and under the conditions specified in this syllabus. If you have any concerns about privacy, please speak with me.

If you are unable to attend a scheduled session in person or online, please get in touch with me to access a recording of the session (student recordings are not permitted–please see below). Recordings are intended only for enrolled students in the course and for their own personal academic use. Class recordings will be sent by me via a secure email link and are only to be used for the duration of the course. I will destroy the recordings at the end of the semester. Students receiving recordings are not permitted to share, make copies of, or download the recordings for any purpose, without written permission from me.

These measures are in place to improve equitable access for all students, recognizing that everyone comes to the course with their own needs.

Support Outside the Classroom #

I want you to feel well supported in this course, both in class meetings and outside the classroom. I recognize that this support may take different forms for different students, so please get in touch with me to discuss what you need to be successful in the course.

As a baseline, I will hold scheduled drop-in office hours weekly on Tuesdays from 1:30PM to 2:30PM. These meetings may be in person or virtual, depending on preference and availability. The last day for drop-in office hours for the fall term is November 26, 2024. The last day for drop-in office hours for the winter term is March 25, 2025.

If you have questions about the course material outside of class meetings, you must bring these questions to me during office hours. As a general policy, I won’t answer substantive questions about the course material by e-mail.

This policy exists mainly to avoid a flood of last minute e-mails before exams, but it also pushes you to plan ahead in your studying. To get the most out of office hour appointments, plan to dedicate some time to ongoing review of the course content during the term and contact me with your questions as they arise. I know that this can be a challenge as the term gets busy, but the benefits of even 20 or 30 mins of periodic review will pay off enormously at the end of term.

You must send the questions you would like to discuss during office hours via email to jamie.baxter@dal.ca at least one hour prior to the office hour session you plan to attend. This lets me know that you are coming, helps you to focus the discussion, and gives me a chance to think through your questions ahead of time.

I am also happy to schedule small group meetings if you’d like to meet in this format – please e-mail to arrange a time.

Communications About the Course #

All communication from me to you about the course will be via an Announcement posted on Brightspace. Please ensure that you have e-mail notifications enabled for Brightspace Announcements — this way, you will receive a copy of each announcement in your inbox when it is posted. I will assume that you have received and read all course information posted via an Announcement on Brightspace after October 1, 2024.

All e-mail messages to me about the course should include in the subject line the course name and a concise statement of purpose (e.g. Property: Questions for office hours). Please remember that e-mail is not an alternative to meeting with me using the procedure described above if you have questions about the course content.

Course Materials, Goals and Expectations #

Online Casebook and Course Materials #

All materials for this course are available online at www.opensourcelaw.ca The materials are free to access; you do not need to purchase a casebook or other materials for the course.

Required readings for the course are assigned on a weekly basis — please consult the Course Schedule. Because of the casebook’s unique format, you will only see new material (along with links to existing material) after that new material is assigned.

Online versions of the weekly readings, posted on the course website, may contain interactive elements (instructional notes, podcasts, screencasts, quizzes, etc), so please aim to read these materials on your computer or tablet when possible. If you have any accessibility concerns about this format please don’t hesitate to contact me.

The course materials have been created and published under an open license (except where otherwise noted). This means that the materials are available to anyone to access, copy, redistribute, remix, and build upon for non-commercial purposes under the Creative Commons BY-NC-SA 4.0 licence.

Course Goals and Expectations #

I have designed this course with two big goals in mind.

The first goal is skills-based: you will learn to navigate and critically analyze the structure of arguments and reasoning employed by jurists (lawyers, judges and others). Our emphasis (in terms of time spent) will be on the Anglo-Canadian / common law system, but we will develop this emphasis comparatively with other legal systems and with careful attention to relationships between them. You will certainly need to learn some basic rules of property law and how to make arguments using legal rules, but you will need to go beyond the rules and arguments by situating them in deeper structures and styles of reasoning. We will spend a lot of time looking at exactly how these “structures” and “styles” work throughout the course. Doing all this will require you, as the course title suggests, to develop an understanding of historical context — namely, how both the rules and patterns of reasoning have changed and are changing over time.

This leads to the second goal, which is to situate property in its political-economic context - especially over the past few hundred years. More specifically, I want each of you to leave this course with a thoughtful answer to the question of how property laws have created and reproduced Canada’s particular liberal market economy and defined its consequences for different communities and individuals over time. It is important to keep in mind throughout the course that these consequences produce tremendous benefits for some and enormous “costs”–including violence, displacement and other forms of individual and collective/inter-generational harm–to others.

Learning all this is hard work, and this means that I have high expectations of you—both in class and on exams. I demand a lot from you because I want to prepare you as thoughtful and critical professionals, whether in law or in other pursuits. I value the diversity of experience and insight that you bring to studying law and I believe that each of you can meet these expectations.

Class Preparation, Meetings and Methods #

Your preparation for, attendance and active engagement are crucial for succeeding in this course. We have a limited time each week to spend together, and you are all very busy people. We want to ensure that we use the time together as effectively as possible.

For each class meeting I ask that you:

  • be well prepared, having worked through the online materials in advance of the first class each week;

  • bring your computer or tablet to class if attending in person so that you can access the online materials;

  • focus your attention on the material and limit any distractions as much as possible; and

  • participate actively in class discussions and exercises.

We will use a variety of teaching/learning methods to achieve the goals for this course, to keep things interesting, and to accommodate various learning styles. I ask for you patience if/when I am using a style that works for others, but not for you.

Student Recordings #

You are not permitted to record class meetings. The unauthorized use of any form of device to audiotape, photograph, video-record or otherwise reproduce lectures is prohibited. You must obtain prior written consent to any such recording. Exceptions may be granted in cases of private use for reason of accommodation.

Evaluation #

You will be evaluated in this course based on take-home, open-book examinations. In December, there will be a ‘fail-safe’ exam. If you get a higher mark on your April exam, your April mark will be your final mark. If you get a higher mark on your December exam, the December mark will count for 30% of your final grade. The December and April exams are both open book and each will take place during a scheduled 8-hour take-home period. Your December Property exam is scheduled by the Associate Dean’s office for December 18, 2024. Your April Property exam is scheduled for April 14, 2025.

All examinations will be written on computer. Further information will be sent from the Associate Dean’s Office. Rules governing exams are included in the Academic Calendar.

Law School and University Policies #

Academic Integrity #

At Dalhousie University, we are guided in all our work by the values of academic integrity: honesty, trust, fairness, responsibility and respect. As a student, you are required to demonstrate these values in all the work you do. The University provides policies and procedures that every member of the university community is required to follow to ensure academic integrity. All students must read the University policies on plagiarism and academic honesty.

Using your own previously submitted, or concomitant work for another course, constitutes plagiarism. Plagiarism is considered a serious academic offence which may lead to loss of credit, suspension or expulsion from the law school, or even revocation of a degree. It is essential that there be correct attribution of authorities from which facts and opinions have been derived. Prior to submitting any paper or other assignment, students should read and familiarize themselves with the policies referred to above and should consult with the instructor if they have any questions. Ignorance of the policies on plagiarism will not excuse any violation of those policies.

The course instructor may use Dalhousie’s approved originality checking software and Google to check the originality of any work submitted for credit, in accordance with the Student Submission of Assignments and Use of Originality Checking Software Policy. Students are free, without penalty of grade, to choose an alternative method of attesting to the authenticity of their work and must inform the instructor no later than the last day to add/drop classes of their intent to choose an alternate method. (Read more)

Penalities #

In order to ensure that all students are treated equally, and that no student is allowed to profit from taking extra time to complete an exam, paper or assignment, or from lifting anonymity, specific penalties will be imposed depending on the circumstances:

  • Deliberate or careless self-identification on an anonymously-graded exam: 5%

Academic Advising and Student Supports #

Academic advising is available through the office of the Associate Dean (Academic); more information about academic advising supports and appointments can be found on the My Schulich portal. Students can also access a range of support services and resources through Dalhousie University, including ones related to Health and Wellness.

Accessibility and Accommodations #

The Dalhousie Student Accessibility Centre (SAC) is responsible for administering the university-wide Student Accommodation Policy working across all faculties, including the Schulich School of Law. Individual professors cannot grant accommodation requests.

Accommodation is introduced when a protected characteristic, including mental health related conditions, (as defined by provincial human rights legislation) may place you at a disadvantage compared to other students who are not affected by a protected characteristic and if there are aspects of the design, instruction, and or experiences within this course that result in barriers to your inclusion.

Students request accommodation prior to the start of the academic term or as soon as a barrier is identified. As stated in the Law academic regulations, retroactive accommodation will not be granted. Law academic regulations can be consulted in detail in the Faculty Regulations section of the Dentistry Law Medicine Academic Calendar.

Please click here to request accommodation.

Academic Dispensation #

Students experiencing sudden illness or crisis are asked to request an academic dispensation via the My Schulich portal. Academic Dispensation is granted specifically for compassionate grounds or unforeseen medical circumstances; Academic Dispensation is not granted for multiple deadlines, student travel, failure to plan, or activities related to formal recruitment and job interviews.