Assistant Professor of Law

Faisal.Kutty@valpo.edu
CV | SSRN

Education

Ph.D. (candidate), Osgoode Hall Law School, York University
LL.M., Osgoode Hall Law School, York University
LL.B., Faculty of Law, University of Ottawa

Courses Taught & Research Interests

Comparative Law
Islamic Law
International Law
Human Rights
Legal Writing & Reasoning
Ethical Lawyering in a Global Community
Skills and Professional Responsibility

Recent Publications

Book Review, The Globe and Mail, Jul 9, 2009, (Nader Hashemi, Islam, Secularism and Liberal Democracy: Toward a New Democratic Theory for the Muslim Socieites (Oxford University Press, Oxford, 2009)). (http)
Book Review, 24 Windsor Rev. Legal Soc. Issues 73 (2008) (David Dyzenhaus, The Constitution of Law: Legality in a Time of Emergency (Cambridge Univ. Press, 2006)). (ssrn)

Non-Western Societies Have Influenced Human Rights in Opposing Viewpoints: Human Rights 41 (Jacqueline Langwith ed., 2007).

The Shari’a Factor in International Commercial Arbitration,  28 Loy. L.A. Int'l & Comp. L. Rev. 565 (2006).  (ssrn & pdf)

Book Review, Am. J. Islamic Soc. Sci., Volume 19, Number 2 (2001) (David Hoile, Farce Majeure: The Clinton Administration’s Sudan Policy 1993-2000

Working Papers

Presumption of Guilt and Guilt by Association in Canada’s War on Terror: A State of Exception? in Islam in the Hinterlands: A Canadian Muslim Studies Anthology (collection to be edited by Professor Jasmine Zine from Wilfred Laurier University and to be published by the University of British Columbia Press in early 2009).

Islam, Democracy and Constitutionalism: A Rawlsian Approach Toward a New Theory of Islamic Constitutionalism. Working Title, Faisal Kutty

Presumption of Guilt and Guilt by Association in Canada’s War on Terror:  A State of Exception. Working Title, Faisal Kutty

Teaching Islamic law in North America: An annotated bibliography and Syllabus. Working title, Faisal Kutty

A Practical Approach to Islamic Law Estate Planning. Working title, David J. Herzig and Faisal Kutty

Islamic Finance in Canada: Current Status, Regulatory Hurdles and Future Prospects. Working Title, Faisal Kutty

The Faith-Based Arbitration Debate in Ontario: Gender, Religion, the Limits of Accommodation and a Delayed Opportunity for the Evolution and Indigenization of Islam. Working Title, Faisal Kutty

Presentations (recent)

"Islamic law and Multicultural Accomodation," Osgoode Hall Law School, Toronto, Ontario, May 6, 2009.

"The Basics of Islamic Finance," Albany Law School, Albany, NY, March 26, 2009

"Islam, Democracy and the Right to Self-Determination," Albany Law School, Albany, NY, March 25, 2009

“Finding a Balance: Perspectives on National Security Laws and Civil Rights,” Panel with the Honourable Edmond P. Blanchard, Chief Justice of the Court Martial Appeal Court of Canada, University of Alberta Law School, Edmonton, AB, Jan. 20, 2009

“The Myth and Reality of Shariah Courts in Canada: Multiculturalism, Legal Pluralism, Gender, the Limits of Accomodation and Delayed Opportunity to Indigenize Islamic Law,” University of Alberta
Edmonton, AB, Jan. 20, 2009

“National Security and Human Rights,” University of Toronto, ON, Nov. 25, 2008

“National Security and Human Rights,” Bridging the Gap Conference sponsored by the Attorney General of Ontario, Toronto, ON, Aug. 27, 2008

“National Security and Human Rights,” 2008 Annual Policy Conference Canadian Association of Statutory Human Rights Agencies, Niagara-on-the-Lake, ON, Jun. 15 to Jun. 17, 2008

“Marginalization and Radicalism: How Did We Get To This Point?" University of Alberta International Center, Edmonton, AB, Jan. 30, 2008

“Common Law and Islamic Law: Similarities and Differences,” University of Alberta, Edmonton, AB, Jan. 29, 2008

“Common Law and Islamic Law: Similarities and Differences,” University of Saskatchewan, Saskatoon, SK, Jan. 25, 2008

Professional Activities

Of the Bar of Ontario, Law Society of Upper Canada, 1996 –
Member, Canadian Bar Association, 2002 –
Member, Canadian Council on International Law, –
Member, Canadian Association of Journalists, 2002 –
Member, Legal Writing Institute, 2008 –

Previous Professional Experience

Principal and Co-Founer, KSM Law, Toronto, Ontario, Canada (2004-)
Consultant, Little Mosque on the Prairie (Television sitcom, Canadian Broadcasting Corporation), Toronto, Ontario Canada, (2006-2007)
Partner, Baksh & Kutty, Toronto, Ontario, Ontario, Canada  (2001-2004)
Founder, Kutty & Associates, Toronto, Ontario, Canada (1996-2001)
Articling Student, Goodman and Carr, Toronto, Ontario, Canada (1995-1996)

Bio

Professor Kutty has practiced law for over thirteen years in Toronto, Canada.  He has taught legal writing and reasoning, ethical lawyering in a global community and comparative law at Osgoode Hall Law School of York University.  He has also taught skills and professional responsibility and corporate law at the Law Society of Upper Canada.   In addition to his academic publications, he has published more than 200 opinion and commentary pieces in leading newspapers and publications around the world (http://www.faisalkutty.com). He also blogs at http://persuasiveauthorities.blogspot.com/ While a law student he served stints as book reviews and articles editor of the Ottawa Law Review.