A volatile simian nervous system, ominously new to the planet. Canadian law professor. Transnational law, labour regulation, cooperatives and corporate governance, knowledge politics. Currently obsessed with the uses of legal scholarship. Two time dad.
![44. A second remedy lies against the directors in a civil action for breach of duty of care. As noted, s. 122(1)(b) of the CBCA requires directors and officers of a corporation to “exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances”. This duty, unlike the s. 122(1)(a) fiduciary duty, is not owed solely to the corporation, and thus may be the basis for liability to other stakeholders in accordance with principles governing the law of tort and extracontractual liability: Peoples Department Stores. Section 122(1)(b) does not provide an independent foundation for claims. However, applying the principles of The Queen in right of Canada v. Saskatchewan Wheat Pool, [1983] 1 S.C.R. 205, courts may take this statutory provision into account as to the standard of behaviour that should reasonably be expected.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:5pjg2eunftajrebw6bxtq44g/bafkreifija4vkhcrekxgnohgfzqaxrt7ms64wiig473cb547pvocergzja)
![Dear Dr. Sweet,
I hereby submit my S 2026 syllabus for PHIL 111, Contemporary Moral Issues, for mandatory censorship review.
The syllabus has not changed much since I last taught the course. I have made some minor adjustments to the module on Race and Gender Ideology and to the lecture on Sexual Morality. These topics are commonly covered in this type of course nationwide, and the material is discussed in depth in the assigned textbook (Fiala and MacKinnon, 10th edition). I also ask my students to read a few passages from Plato (Aristophanes' myth of the split humans and Diotima's Ladder of Love).
Please note that my course does not "advocate" any ideology; I teach students how to structure and evaluate arguments commonly raised in discussions of contemporary moral issues.
If you interpret System Rule 08.01 §2.1(b) as prohibiting these topics, I would like to remind you that the U.S. Constitution protects my course content. Texas A&M is a public institution bound by the First Amendment. The Supreme Court has noted that academic freedom is "a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom" (Keyishian v. Board of Regents, 385 U.S. 589, 603 [1967]).
Another relevant precedent is Sweezy v. New Hampshire. Here is Chief Justice Earl Warren for the majority in 1957:
"The essentiality of freedom in the community of American universities is almost self-evident. No one should underestimate the vital role in a democracy that is played by those who guide and train our youth. To impose any straitjacket upon the intellectual leaders in our colleges and universities would imperil the future of our Nation. No field of education is so thoroughly comprehended by man that new discoveries cannot yet be made. Particularly is that true in the social sciences, where few, if any, principles are accepted as absolutes. Scholarship cannot flourish in an atmosphere of suspicion and distrust. Teachers and stu](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:5pjg2eunftajrebw6bxtq44g/bafkreias47524bi4ukbmlqalsyb47xjavdti7dk2khrtcpgrfedietsnee)
![Tough baby [in English in original] – A certain gesture of manliness, be it one’s own, be it that of another, deserves mistrust. It expresses independence, surety of the power of command, the silent conspiracy of all men with each other. Earlier one anxiously called it, awe-struck, the whims of lords, today it is democratized and is played by film heroes for the benefit of the lowliest bank employee. The archetype for this is the good looking man in a smoking jacket, who enters his bachelor’s pad alone one late evening, turns on the indirect lighting, and pours a whisky-soda: the carefully recorded fizzing of the mineral water says what the arrogant mouth does not; that he despises whatever does not smell of smoke, leather and shaving cream – above all, women, and for that very reason they swarm all over him. For him, the pinnacle of human relations is the club, the site of a respect founded on a considerate inconsiderateness. The joys of such men, or on the contrary of their models, which hardly anyone alive really matches, for human beings are always better than their culture, have altogether something of the latent act of violence. By all appearances, this is threatened to others, though he has long since had no need to do so, sprawled on his easy chair. In truth it is past violence against himself. If all pleasure sublates earlier displeasure [Unlust], then here displeasure is raised – as pride in bearing it – unmediated, untransformed](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:5pjg2eunftajrebw6bxtq44g/bafkreiesvpqwvnmt2cku4haxvdif3nndee3ndqyzs6hicqvgg2dsujfwdu)
