Obiter_8Feb2010

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February 8, 2010

The Obiter’s Annual Love and Sex Issue!


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OBITERdicta Abolish the Grading Profile “The definitive source for Osgoode news” Osgoode Hall Law School, 011 York University 4700 Keele Street Toronto, ON M3J 1P3 Tel. 416.736.2100 x77527 Fax. 416.736.5736 E-mail. ObiterDicta@osgoode.yorku.ca Website. www.obiter-dicta.ca

Love is the answer, but while you are waiting for the answer, sex raises some pretty good questions. -Woody Allen Sex Guru/Special Issue Queen: Katie DeBlock Editors-in-Chief: Neil Wilson, Luke Field Business Managers: Dorothy Charach, Jennifer Butcher Features Editor: Tamara Maurer Associate Editors: Jeremy Barretto, Tanya Nayler Layout Editors: Marc Ducharme, Tim Hudek, Cassie Burt-Gerrans Staff Writers: Marie Sydney, Jonathan Mackenzie, Peter Meitanis, Anne Sabourin, Michael Rennie Contributors: Devin Doyle, Shivani Anand Articles are due at 2 p.m. on the Wednesday before date of publication. The appropriate maximum length for articles is 800 words. Please submit articles in Microsoft Word format via email attachment to obiterdicta@osgoode.yorku. ca. Please attach photographs separately; do not include them in your Word document. The Obiter Dicta is the official student newspaper of Osgoode Hall Law School. The opinions expressed in the articles contained herein are not necessarily those of the Obiter staff. The Obiter reserves the right to refuse any submission that is judged to be libelous or defamatory, contains personal attacks, or is discriminatory on the basis of sex, race, religion, or sexual orientation. Submissions may be edited for length and/or content. The Obiter Dicta is published weekly during the school year, and is printed by Weller Publishing Co. Ltd.

“Law school is an inherently competitive environment.” These are the words of God. (Atheists don’t stop reading!) The God I refer to is the God of Summaries. He graduated from Osgoode in 2009 and is famous for posting all of his textbook quality summaries on a website available for Osgoode students. We can all recall the frog-in-a –boiling-pot-ofwater feeling of the first few weeks of law school. Put simply, you don’t know if you’re smart enough. Everyone reacts differently. Some students have nightmares of Professor Ben-Ishai asking “did you do your reaadddinggggzz????” By contrast law jocks tend to boast that success in law school is all about having an “A” summary. It’s not, and these types don’t usually end up on the SCC. Oh, for you jocks, SCC stands for Supreme Court of Canada. It’s sort of like the NHL of law. In his first year, legend has it, Summary God would post said summaries two weeks prior to exams. This was a simple gratuitous act with an extraordinary effect. His section-mates recall that when the perceived smartest student is sharing his or her materials, there is little reason for others to compete. Now Summary God has a fansite on Facebook (no joke). But the burden of changing the culture of law school from a competitive to a cooperative environment should not fall to students. The legal profession and law school Deans ought to champion such reform. Their failure to do so has had deleterious effects on the administration of justice. For example, there is simultaneously a surplus of law school graduates and access to justice crisis. A three day civil trial runs in the neighbourhood of $60,000. Hundreds of additional articling positions are needed. Why? I contend that there is a causal connection between law school grading, law firm recruitment, mandatory articling, (outrageous!) law firm billing and the fact that most of society -including my middle class family -- cannot afford a lawyer. The connection is competition. Competition is the cornerstone of the free market economy. It is supposed to drive prices down and quality up for consumers. In the legal field, competition has had a perverse negative effect: prices are higher and access to even basic service is severely limited. What should be done? Proposals which deserve serious consideration include: expanded legal aid, Professor Farrow’s idea of Legal-care, reductions in law-school tuition, mandatory pro bono and regulation of law firm billing . However, all of these proposals would require either an influx of government funding for legal services or a sea-change in the regulation of the legal profession. Like Summary God, Osgoode can do one thing to reduce the inherent competitiveness of law school: abolish the grading profile.

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The current grading system confuses competency with distinction. It suggests that there should be a floor or ceiling on the number of students who achieve “acceptable” grades. In each class 25% of the students must receive a C+ or lower. On the flip side 75% of the students must receive a B or higher. It is dishonest to suggest that each class rigidly fits this profile. In some classes maybe 90% of the students understand the material. In other classes, including some I have had the pleasure of taking, it seems from student comments during lectures that 90% do not understand. Our internationally renowned faculty should have the discretion to award competency when they see it. Professors have informed me that it is frustrating that deserving students have their grades lowered at the behest of the Osgoode grading committee. Seriously, if a Professor’s allocated marks don’t fit the profile they appear before a committee like negligent bankers before the US Senate. Distinction, on the other hand, is inherently comparative. Those who rank at the top of their class deserve to be recognized. But the current grading profile makes law schools into virtual subsidiaries of law firm HR departments. Beyond top tier students, it is unnecessary to have quotas on the number of students who achieve “good” or “acceptable” grades. I propose a pass-distinction-fail, or PDF system. (If anyone is in Trademark Law, please send me an email if this acronym could get me in trouble with AdobeTM.) I propose that all students who demonstrate sufficient competency on the exam should pass, all those who do not should fail. The top 10% of the class should receive distinction. Such a grading system would recognize both competency and distinction without confusing the two concepts. Some may believe that student’s wouldn’t try. But that wasn’t the case during the strike last year when we had a pass-fail option. Law students are type A personalities, the threat of failure and possibility of distinction is motivation enough. This is by no means a radical idea. Yale, Harvard, Stanford and Berkeley are implementing a form of a pass-fail system. More flexible grading systems better recognize student achievement and decrease senseless competition. Several Canadian medical schools already use a pass-fail grading system. And as Professor Mandel says, if we weren’t scared of blood we would all be in medical school. Are we leaders or followers? Osgoode shines when we live up to our distinguished history of firsts among Canadian law schools: first joint degrees, first professional development program, first optional upper year curriculum, first student legal clinic, first poverty law program and first intensive programs. We are followers when we copy what U of T does nearly a decade later, like switching from the L.L.B. to J.D. On grading reform, we should be first. - J. J. B.

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Time for Change at the TTC Jonathan Mackenzie Staff Writer

The last few weeks have not been good for the public image of the TTC. The latest fare increase has angered many Torontonians, who have been faced with rising property taxes and declining municipal services over the past few years. The latest public outrage involving the TTC came after some commuters snapped photos of more than one TTC ticket collector sleeping on the job, while many commuters walked by without paying fares. And what did the union representing TTC workers have to say? The union’s reaction was appalling: that the commuter who took the photo should have checked the collector’s health to make sure the collector was okay. I personally find it totally unacceptable that any ticket collector is collecting a salary while dozing off. That type of behaviour in the private sector would cost most employees their jobs. I took the TTC to high school for four years and I regularly took the Red Rocket to York University during my undergrad career at York University. My daily experiences on the TTC taught me that there are many hard working TTC operators who deserve nothing but praise for the work that they do. Driving a TTC bus in certain areas of Toronto (day or night) involves a high element of risk. TTC operators have been assaulted on a regular basis over the past number of years, which has led to the installation of surveillance cameras on all TTC buses. That being said, there are some serious problems at the TTC, and these issues need to be addressed. The TTC needs to reduce operating costs and improve efficiency. And other changes must be made as well. In 2008, I spent a few days on each of the London Underground in England and the Paris Metro in France. I quickly realized that there were so many ways that the TTC could be better. For starters, the London and Paris subway systems are both based on “Zones”. Each city is divided into different zones, and the fare that a commuter pays is usually based on how many zones they will be travelling through. It makes sense. the OBITERdicta

If I travel on the TTC from Union Station to Bloor, why should I pay as much as if I was travelling from Union to Finch Station? It really makes no sense. Of course, a MetroPass entitles you to unlimited travel, but for those paying cash for each TTC subway ride, I fail to see the logic in a flat rate. Another thing that the TTC needs to do is to move away from the current TTC method of having commuters paying cash at a ticket collector’s booth. At each TTC station, there should not be numerous ticket collector booths. Instead, there should be several computer terminals where commuters can purchase paper tickets, with a TTC employee available to assist commuters with the machines. It works in London and Paris, and the cost of operating those computer terminals is far less than the cost of paying for human ticket collectors. The subway tickets on the TTC (as in the case in Paris and London), should be programmed with magnetic strips for travel through a certain number of zones in the city. It’s that easy. There is no need in the 21st century to for the TTC to have to pay millions in total salaries for all of the subway system’s ticket collectors. Yes, some employees would lose their jobs under what I’m suggesting. But the fact is that the endless fare increases that have been levied on Toronto commuters are becoming unacceptable.

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and the system is officially named “Transport for London”. While riding the London Underground, an automated voice comes on before each tube stop and says, “This is a service to (insert final subway stop on a given line)”. Aside from the internal changes that must be made at the TTC, I strongly feel that, once the economy improves, the federal and provincial governments need to get serious about funding expansions to the subway system. The extension to York University and Vaughan is badly needed. But over the next few decades, it is clear that without new subway lines, the traffic congestion in Toronto will become unbearable. A new subway line on Eglinton Avenue is long overdue, as is a connection between Yonge-Sheppard Station and Downsview station. If Toronto wants to be known as a worldclass city, it needs a world-class transit system.

Another suggestion that has been made recently is that the TTC rename itself so that it is a “service”. While that may seem like a superficial move, it should be done because it recognizes that the raison d’être of public transit is to serve the public. The authorities in London recognized this a long time ago, monday - february 8 - 2010


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The Scoop on the Future of the Osgoode Cafeteria

Anne Sabourin Staff Writer

The first meeting discussing plans for food services in Osgoode happened February 4, 2010. Like Valentine`s day, it was romantic*. • Although the contract has not been

signed, York University Food Services intends to go with Aramark. York administration is working on a larger plan for Aramark across campus, as well as a defined sustainability plan with the company.

• York does not plan to make the contract exclusive. Student groups will NOT have to go with Aramark for catering their own events. • For the Osgoode caf, Aramark is proposing a European Bistro, open from 8-6, a rotating 14 day menu, with breakfast, lunch and dinner. • Aramark has an internal environmental program: the Green Threads Program. At other locations on campus, Aramark has used energy efficient appliances, a mug discount, composted, recycled oil, and procured 17-25% of food from local farmers. • Feedback: Aramark conducts a survey twice yearly on the dining experience. York also plans to immediately establish

Law and Life at Cassels Brock... Be a part of one of the most dynamic legal practices in Canada. Contact our Assistant Director of Student Programs, Leigh-Ann McGowan at lamcgowan@casselsbrock.com or visit our student website at www.casselsbrock.com

a Food Services Committee specifically for the Osgoode caf with students, staff and faculty. Love* & Analysis • Food Services is pretty committed to Aramark. Did you notice how all of the above comments revolve around Aramark? As pointed out by many frustrated attendees, this was definitely not the consultation the Osgoode community envisioned. Today was the first time Food Services sought input, and we were told it is pretty much going to be Aramark going forward. Aramark, Aramark, Aramark. On the plus side, it was a real life lesson of how NOT to do consultations. • Going forward, the Osgoode Food Services Committee is great news. While we need to wait and see just how much we can influence Aramark the new food provider, the Osgoode community can yell and scream to make sure York operations doesn’t jump the gun again. We can push for hours during night classes, reusable dinnerware... • Non- Exclusivity- great for student groups. Heart* shaped cookies for all! * The editors were looking for Valentinesque articles. I wanted to make sure this got in. Tilly Gray: Putting the finishing touches on my compensation memo (it was a busy year despite the economy) and wondering what great things 2010 will have in store for me. January 4, 10:20 am

Susan Marsh: Working on closing a share sale transaction by

tomorrow (New Year’s Eve!) and struggling to hunt down a vacationing accountant for advice on a new class of shares being created for a mutual client! December 30, 2:54 pm

Sarah Sytsma: Reviewing the vendor’s final revisions on an

IT agreement and hoping that it will finally get signed today. December 22, 2:00 pm

Top Ten Worst Things to Say to Someone While Having Sex With Them For The First Time Luke Field (ripping off David Letterman) Co-Editor in Chief

10. Hey, I think I feel something!

9. Please keep your shirt on.

8. Do you feel pregnant yet? 7. I’m going to fill your hu-ha with goof juice (copyright Patton Oswalt).

6. Have you ever heard of something called vaginal warts?

5. I can feel the spirit of Jesus inside of you. 4. I can fit my whole hand in there!

3. What the Fuck is That?! No seriously, what is that?

Michael Platt: On the phone with my ‘new best friend’ at the Canadian Revenue Agency for the 5th time today. December 22, 4:30 pm

Nancy Choi: Closed a $110 million deal this morning and getting ready to close another deal tomorrow morning. December 16, 2:44 pm

David Goldstein: Preparing for a closing, and trying to get out early to go to a hockey game! December 16, 4:30 pm

2. Fuck me harder than that earthquake fucked Haiti. 1. I can’t wait to tell my Mom about this.

Peter Henein: Sitting down to work on a class action certification factum after having lunch with a friend. December 14, 1:30 pm

Philip Long: Nursing a hockey injury from last night and reviewing disclosure for a preliminary prospectus. Being too hurt to walk around is really making it difficult to procrastinate. December 14, 1:40 pm

Chris Bartlett: Finalizing three demand letters in three separate

© 2009–2010 Cassels Brock & Blackwell LLP. Cassels Brock and the CB logo are registered trade-marks of Cassels Brock & Blackwell LLP. All rights reserved.

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files; each letter is more demanding than the last. Also drafting a response to a demand letter received in another matter in which I explain how opposing counsel was unreasonably demanding. The nerve of some people. December 10, 3:38 pm

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Winter 2010 Writing Competitions Devin Doyle Contributor

Essay contests are one of the easiest methods to obtain extra funding for your legal education. Student Financial Services has compiled a list of upcoming, external essay and writing competitions. Each listing below details the essay topic, submission length, prize value, deadline, and website of the respective contest. Remember, if you’ve kept your old essays or if any of your current courses involve a paper, you may be able to use them in one of these contests! As always, more information on all of these awards (as well as many, many others) can be found on the External Funding Opportunities Site, which is accessible through the MyOsgoode main page: The National Environmental, Energy and Resources Law Section (NEERLS) Law School Essay Contest - Environmental, energy or resources law in Canada - Max 12,000 words - $500 - Feb. 28, 2010 - http://www.cba.org/CBA/Awards/ neerls_essay/ The Harvey T. Strosberg Essay Prize - Class actions - Between 8,000 – 15,000 words - $10,000 - March 1, 2010 - http://www.irwinlaw.com/pages/the2010-harvey-t-strosberg-essay-prize Sarah Weddington Prize for New Student Scholarship in Reproductive Rights - Reproductive rights as human rights - 20 pages - $750 - March 1, 2010 - http://lsrj.org/awards/ Peterson Prize Student Writing Competition - Must address one or more issues, historic or contemporary, involving the principles underlying the Tenth Amendment to the United States Constitution. - Max. 60 pages - $5,000 - March 15, 2010 - http://www.willamette.edu/wucl/clg/ writing-competition.htm Hofstra Law School Family Law Writing Competition - Family Law - 25 pages - $500 - March 15, 2010

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- http://law.hofstra.edu/pdf/Academics/ Journals/FCR/fcr_writing_ competition2010.pdf The Dalton Camp Award - Any topic relating to the link between democratic values and the media in Canada. - 2000 words - $5,000 - March 15, 2010 - http://friends.ca/DCA/rules.asp Ontario Expropriation Association Essay Competition - Expropriation to the Ontario Expropriation Association - 15 pages - $2,000 - March 31, 2010 - http://www.oea.on.ca/bursary/ BursaryForm.pdf TitlePlus Essay Contest - Real estate law in Canada - 6000 words - $3,000 - March 31, 2010 - http://www.osgoode.yorku.ca/ financial_services/documents/ TitlePlusEssayContest.pdf Endangered Environmental Laws Student Writing Competition - Any topic addressing recent developments or trends in U.S. environmental law that have a significant constitutional or “federalism” component - Max 50 pages - $2,000 - April 12, 2010 - http://www.eli.org/writing_contest.cfm Progressive Economics Forum Annual Student Essay Contest - A subject related to political economy, economic theory or an economic policy issue, which best reflects a critical approach to the functioning, efficiency, social and environmental consequences of unconstrained markets. - 20 to 40 pages - $1,000 - April 30 - http://www.progressive-economics.ca/ student-essay-contest/ Sir John M. Templeton Fellowships Essay Contest - “What ideas or reforms could be developed that would make people better aware that government wants to live at their expense?” - 1,00 to 5,000 words - $2,500

page - May 3, 2010 - http://www.independent.org/students/ essay/ International Association of Defense Counsel Legal Writing Contest - Article on subjects in the fields of tort law, insurance law, civil procedure, evidence or other areas of the law of practical concern to lawyers engaged in the defense or management of the defense of civil litigation - 12,000 words - $2,000 - May 14, 2010 - http://www.iadclaw.org/publications/ contest.aspx Fraser Institute Essay Contest - “What should governments do in times of crisis?” - 1000-1500 words - $1,000 - June 1, 2010 - http://www.fraserinstitute.org/ education_programs/forstudents/essay_ contest/ The Alice Paul Feminist Jurisprudence Essay Contest - Paper on a creative feminist approach to law - Max 50 pages - $1,000 - June 1, 2010 - http://www.wcl.american.edu/gender/ wlp/contest_information.cfm Warren E. Burger Prize - Essay on one or more aspects of legal excellence, civility, ethics or professionalism within the legal profession. - 10,000 to 25,000 words. - $5,000 - June 15, 2010 - http://www.innsofcourt.org/Content/ Default.aspx?Id=309 The James H. Bocking Memorial Award - Canadian competition law or policy - Max 40 pages - Prize amount not yet available - June 30, 2010 - http://www.cba.org/CBA/Awards/ jamesh_bocking/ Canadian IT Law Association Student Writing Competition - Topic of importance in information technology law from a Canadian perspective - 25 to 50 pages - $1,500 - June 30, 2010 - http://service.clearservice.com/ Continued to page 9.

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Oh Osgoode, You Naughty Students You! Katie DeBlock Sex Guru/Special Issue Queen What likes to watch porn, enjoys dirty talk now and then, and has a fondness for neatly trimmed pubic hair? An Osgoode student. At least statistically speaking. The Obiter Love & Sex Survey results are in. Over 200 Oz students have told us their thoughts and opinions on a few sexual and relationship matters. 6% of us have lied about our recent testing status, which has me a little concerned about some of the things that may have gone down in the JCR in past years. 47.5% of us think that if a guy finishes in less than 5 minutes he has prematurely ejaculated (that leaves a short window between being premature and right on time for Ozzies since the average intravaginal ejaculation latency time is six and a half minutes for 18-30 year olds). 29.2% of us have never had a threesome, but would like to try. Maybe we could post a sign-up sheet somewhere? What was most interesting about the survey results were the questions where you had the opportunity to get creative and answer in your own words. One such question asked does penis size matter? Answers ranged from “Nope. It’s what a man can do with it”, to “Only if its awkwardly big or awkwardly small” to “Does a bear shit in the woods?”. And let’s not forget the plethora of “Not to me, I’m a tripod” responses. As happy as I am for these individuals and their phallic security, I think I’d be a little wary of letting a guy who publically referred to himself as a tripod into my bed. Not for fear of the size mind you; more for fear that he may whip it out at some inappropriate juncture and invite me to comment on its grandeur while taking a quick succession of polaroids. I’m more a fan of understated penis glory myself. When asked what part of old Oz you will miss the most for its sexual tryst potential, people overwhelmingly responded with “the JCR”. Disturbingly enough, the downstairs bathrooms

popped up a few times. Whether people werejoking or not, one response (albeit it was in reference to the JCR) provided some insight into why these bathrooms may hold sexual potential. It indicated in so many words that the person had always wanted to have sex somewhere “nastier and dirtier” than they were. Depending on what level of nasty and dirty you’re at, taking it to the next level may require doing it on a floor covered in wet paper towel and toilet water overflow. We won’t judge you here.

2. Does the number of people a potential sexual partner has slept with matter to you?

The Kama Sutra Waterfall- getting pleasure from complicated procedures, won out as the official sexual position of the legal profession at 45.5%. And which professor would we want teaching us this position in an Oz sex ed course? Young (“because he enjoys being whipped”) was a favorite, along with Pilkington (“It would be extremely clear with comprehensive slides”), and Ben-Ishai (“she knows why…”). As far as the answers alluding to profs who are rumored to have already been delivering this type of education to a few select students, let’s just hope any textbooks they write on the subject are reasonably priced.

Sample Answers:

When asked “What is a cuzif?” your creative juices really got flowing. Cuzif is a slang term for the perineum. But your responses were much more interesting: “a wizard’s hat”, “stop making up words”, “spontaneous third testicle”, “the straggly hairs around the nipple”, “a hairless lemur”, “an old, old wooden ship”, “sex while wearing a burqa”, “taint any of my business…an area of the grundle?”, “the pope’s dog”, “no idea fml I’m in law school”, “surprise buttsex”, “the ruler of Tunisia”, “vaginal equivalent of smegma”, and “a type of disease-laden exotic monkey”. I would have gone with the old wooden ship personally.

Enjoy the survey! 1. I identify as... Female - 50.2% Male - 48.9%

No. It’s their own business - 23.7% To a certain extent. If they’ve been with more people than I can count on my fingers and toes I might be bothered by it - 60.3% Yes. It’s very important for me to know 16% 3. Does penis size matter? “Girth is the great equalizer. It’s more important to touch the sides than to reach for the top!” “Penis “handsomeness” matters more.” “I’ve never had any complaints, though as law students, we should all strive to be cunning linguists anyways...” “I prefer to apply the “reasonable penis” standard; would a reasonable person reasonably believe that the penis in question is reasonably large? If yes, then go for it!” 4. Do you believe in love at first sight? Yes - 28.3 % No - 51.1% Not sure, but if it happened to Romeo and Juliet, I guess it could happen to me - 21.9% 5. Have you ever lied to a partner about being tested for STIs? No - I am always completely honest about my current testing status - 82.6% Yes - I may have bent the truth to get the deal done occasionally - 6% I’ve never lied about it, but may have avoided disclosure - 11.5%

Trans - 0.9%

At Davies we measure our achievements by one simple standard: your success. If you have a record of outstanding achievement and are interested in joining our team, visit us at dwpv.com or contact Frances Mahil at fmahil@dwpv.com.

SUCCESS

monday- february 8 - 2010

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page 11. Have you ever had sexual interactions with someone who was in a relationship?

6. What part of the old Oz building will you miss the most for its sexual tryst potential? “Obiter Office.”

Yes - 42.7%

“The couch in the Women’s Caucus office, with Rosie the Riveter watching.”

No - 46.8%

birthcontrol? The person initiating the sex: Males - 56.5% Females - 52.2%

Yes, but I didn’t know they were at the time - 10.6%

“Mazzacano’s office.”

Trans - 0% The person who could get pregnant:

12. Have you ever had an orgasm in your sleep?

“Couches in the common area. PDA here I cum.”

Males - 84.6%

Happens often, makes for happy mornings:

Females - 15.4%

Males - 42.9%

7. What would you consider to qualify as premature ejaculation?

Trans - 3.8%

Females - 42.9%

Both partners.

Trans - 14.3%

Males - 46.7%

Occasionally, when I get lucky

20.7%

Females - 56.6%

Males - 50.0% 47.5%

1 min. or less

Females - 50.0%

3 min. or less

Trans - 0%

Anything under 5 min.

34.1%

Trans - 1.6% 17. Dirty talk - turn on or turn off?

Nope. FML.

Turn on - especially when it’s Austin Power’s style - 30.9%

Males - 48.7%

Depends on the context - 61.3%

Females - 50.4%

Turn off - I prefer traditional moaning 8.8%

Trans - 0.8% 8. How much relationship history do you think should be disclosed to new partners? Everything. Total honesty is necessary when starting a new relationship - 20.2% Only what you feel comfortable sharing 69.7% Nothing. Old flames & flings can only cone back to haunt you - 10.6%

13. How old were you when you lost your virginity? Average age was 17 but there were some students who answered “still a virgin” and others who waited until well in their 20s or until they considered themselves “old”.

18. Without googling it, what do you think the cuzif is? Sample Answers: “Moisture from a woman’s cuz” “Your mom” “Cum on facial hair”

14. What do you prefer when it comes to hair below the belt?

Actual answer: the stretch of skin between the pussy and asshole.

Just as nature intended it - 17.5% 9. Have you ever had a threesome (or more than twosome...)? Yes - 21.5%

Bare - or at least barely there - 43.3% A landing strip. Or an organized pattern is nice - 43.8%

19. What should be the official sexual position of the legal profession? Doggie style - willing to take control from behind - 35.9%

No - 50.2% Never had, but would like to try - 29.2%

15. Female ejaculation - myth or fact? 16. Whose responsibility is it to provide

10. Would you ever watch porn with your partner? No - porn has no place in my bedroom - 10.6% Maybe... if the mood struck - 37.6% Hell yes. And maybe even act it out afterwards - 51.8%

The Kama Sutra Waterfall - getting pleasure from complicated procedures - 45.5%

47.0%

50.0% 41.4% 40.0%

20. If sex-ed was taught at Osgoode, who would teach it and why?

30.0% 20.0%

12.1%

10.0% 0.0% Fact- I've been there.

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Missionary - ready for head on confrontations - 20.1%

Unsure.

Myth- it's kind of like the Santa Claus, people just want to believe that it exists.

Sample Answers: “Allan Hutchinson-for obvious reasons.” “Kierstead because she’s so mom-like, and would make funny-cute-awkward jokes about it.” “Former Dean Monahan; it would be short, hostile, and completely unpleasurable for all involved.” monday - february 8 - 2010


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Preview: The Winter Olympics

Prediction: Canada wins gold! Look for the Canadians to bust several caps. Curling And you thought Crocker v. Sundance was Team Canada has been dominating a dangerous situation. Olympic curling since it became an official event in 1998, making every podium. Skips Kevin Martin and Cheryl Bernard are Figure Skating the favourites to win. Patrick Chan is Canada’s only real podium threat but he’ll have to outskate the reigning Prediction: Canada wins gold! (I hope you’ve world champion Evan Lysacek from the U.S. noticed the theme of this article.) (the guy who wears all those feathers during his performance….not that there’s anything wrong with that). Since finishing second at the world championships last year Chan has been injured and dumped by his coach.

d,/^ /^ t, d zKhZ d y Z &hE Kh> >KK< >/< ͗

Prediction: Adversity makes for a good story…….Chan wins gold!

Medium (Mississauga)

Kwame Nkrumah-Acheampong - is Ghana’s entire Winter Olympics team. He began skiing just six years ago after getting a job as a receptionist at a ski center in England. He will be competing in the alpine skiing events. ACCT. MGMT.

NEWSPAPERS:

Other Storylines to follow There is no Jamaican bobsled team this year, but there are other underdogs who will feel the rhythm and/or rhyme.

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monday- february 8 - 2010

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Who is going to light the Olympic cauldron? Many names are being speculated, but look for Wayne Gretzky to take the honour. GO CANADA GO!!! ART DIRECTOR

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Canada’s Brian McKeever - For the first time in Winter Olympics history, a Paralympian will compete. McKeever is a cross-country skier with less than 10 percent of his vision.

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Hockey As usual, all eyes will be on the men’s and women’s hockey teams. The men’s team is look-

Biathlon Matches made in heaven: peanut butter and jelly; salt and pepper; cross country skiing and rifle shooting. Sarah Palin would be proud.

LASER %:

The wait is finally over! After years of hype, excitement, collector coins and commercials voiced by Donald Sutherland (Keifer was busy killing terrorists) the Winter Olympics are here and there are a lot of interesting storylines to follow. It’s hard to believe that no Canadian has ever won an Olympic gold medal on home soil. This time around, Canadians are among the contenders in many of the events, and Canada has a great chance to finish first in the overall medal count.

Prediction: Canada wins double gold!

REV#: 2

1. Skeleton sliders go headfirst on their front, while lugers go feet-first on their backs. 2. That skater deserves a top score for being so flexible. 3. I lost my voice after yelling “Hurry” and “Hard” at my teammates all day.

Prediction: The Canadians are very toit. Toit like a toiger. I love gooooold.

On the women’s side, Team Canada is looking to show the boys how it’s done. Look for a gold medal finale against the U.S.

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In the spirit of the Obiter’s Love and Sex Issue, I would like to set up my fellow Ozzies with a few Olympic-themed “That’s what she said” jokes. Please enjoy.

ing to recapture the magic from Salt Lake in 2002. Canada has a relatively easy drawing in the group stage against the U.S., Switzerland and Norway. Circle your calendars for Sunday February 28th, the gold medal game.

ARTIST: ID

Peter Meitanis Staff Writer

Speed Skating The main reason Canada is expected to do so well in the overall medal standing is because of its world class long track and short track teams. Look for Team Canada to sweep the medals with veterans like Clara Hughes (Canada’s flag bearer), Mathieu Giroux, Jeremy Wotherspoon and Cindy Klassen leading the way.

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Happy un-Valentine’s Day! Marie Sydney Staff Writer Valentine’s day is becoming another Christmas-type consumer hype. A trip to the mall a week after New Year’s will expose you to everything pink and severely unnecessary. In fact, Valentine’s Day consumer spending immediately follows Christmas, with $14US billion or $116.00 per person in the US being spent. I say we take back our true Valentine’s! The first thing would be to slow down all the hype associated with V-day. I’ve personally never liked V-day. I never happened to be dating anyone on that day until I met Mr. Right, so V-day was just another day for me. But neither did I need anyone on that day. To those seeking that special someone, the hype and exaggerated actions made by what seems to be all of the people around you can really start to hit a nerve. There are different things one can do, depending on whether you have someone special to spend the day with, whether you want to find someone (special?) on that day, or whether you just don’t want to be bothered by all of the silly luvy exaggerations. However, one thing I urge most people to do is to do what they want, and not what the hype tells us to do. I don’t propose anything in particular – all will depend on what you like to do. I will be out of the country for reading week, including V-day, doing something I really really really like – hiking in the cloud forests and sunbathing on the sandy beaches of the Pacific coast of Costa Rica (muahahahahaha). But if I were in T.O. for the day, and given that it is a Saturday, I would probably aim to stay away from downtown and recreational places to avoid the V-day hyper crowds. This might not sound like a lot of fun to some, but what I would probably do is, either with your partner or a good friend, travel out of the city to a conservation area or regional forest, preferably one that has a lake or pond. Oh, and dress very warm and bring skates. Hiking and exploring winter wilderness may seem not as fun as summer exploration, but it is a great way to get some fresh air, which I think most of us are not getting, and to get some healthy exercise. Having done that, I would return home and make fresh toasty sandwiches as follows: (WARNING: you may salivate) take a ¼ whole the OBITERdicta

wheat grainy baguette, cut into a bun, place deli/meat and/or cheese of your choice (I suggest Swiss or Havarti), toast until it melts. Thinly slice tomatoes and cucumbers and place on top of melted cheese. Top with salt and black pepper. Get some carrots and/or other veggies and a dipping sauce. Mmmmm. This will satisfy the healthy appetite you will have built up after the hike in the fresh air. Having relaxed a little, I might ask a group of friends over or, if they are busy with their sweethearts, prepare for a cozy night in with a partner or friend by renting some new movies or going to the movies. If you really want to avoid the crowds, choose the rent-a-movie version. This can be preceded or accompanied by, depending on your situation, romantic, whacky, or fun (or all of these) dinner. I love fondue dinners with wine of your choice. It makes eating so much more fun! The dinner can later be followed, if you are in a romantic relationship or just with a romantic partner by other fun things that might make you sleep in very late the next morning. Whatever you pick, I find that doing something fun rather than getting something for your sweetheart is a much better option, both in terms of experience and impact on the relationship. Doing something together, whether it is hiking, snowboarding, going to an art gallery or museum, playing a game, wrestling, or giving an oily massage (one of my favourites!), brings you closer and enhances the relationship by producing a new experiences that only the two of you can share.

page

Writing Competitions Continued from page 5.

itcan/campaignimages/1/pdf/ studentwriting2010.pdf

Holocaust Remembrance Essay Award - Essays can be on any topic, and concern any matter, provided only that they somehow address the relationship between law and the Holocaust. Particularly welcome are essays which pursue the continuing significance of the Holocaust to law and human rights generally, and to the legal community and legal education in particular. - 7,500 – 10,000 words - $500 - July 1, 2010 - http://www.law.ualberta.ca/ currentstudents/financialsupport/ undergraduate/holocaust.php Please note the above list represents only a select few of the many awards and contests listed on Osgoode’s External Funding Opportunities Site. You are strongly encouraged to visit the site through the MyOsgoode page to find more. The online list is continuously updated as new information becomes available. Also, Osgoode’s Student Financial Services Office has permanently settled in the South Ross building. Penny Spence, Director of Student Financial Services, is in room 804 and her assistant, Lisa Yang, can be found in room 811. If you are in the area, make sure to check out the bulletin boards outside of Penny’s office for more information. If you have any questions, please feel free to contact Devin Doyle via e-mail at externalfundign@osgoode. yorku.ca. All the best, Devin Doyle Student External Funding Coordinator

So on V-day, do what you feel you want to do and have a happy un-Valentine’s day!

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Musings on the 2010 Oscar Nominations Michael Rennie Staff Writer Well, the 2010 Academy Award nominations are out, so rather than write a review on a specific movie this week, I figured I’d briefly reflect on the nominations; who is nominated, who got snubbed, who (in my opinion) didn’t deserve to get nominated. Enjoy! This is the first year since 1943 that the Academy has nominated ten films for Best Picture, which they no doubt decided to do in an effort to boost increasingly crappy ratings. Interestingly, the addition of five extra slots doesn’t seem to have made that much of a difference, as the top five films (the ‘real’ nominees for Best Picture, if you will) are so evident: Avatar, The Hurt Locker, Inglorious Basterds, Precious, and Up in the Air. Along with Up (a deserving nominee, but one that will simply win the consolation prize of Best Animated Film), these films were the obvious selections, leaving the other four slots somewhat open. Rounding out the ten nominees are District 9 and An Education, which were both highly deserving of the honour, along with A Serious Man and The Blind Side, which I unfortunately cannot say the same for. A Serious Man, like most of the Coen Brothers’ dark comedy films, left me wondering what I was missing (OK, it’s a modern interpretation of the Book of Job, so what?). Blind Side, which was perhaps the biggest surprise nomination, was likely picked over Invictus – the consensus favourite ‘uplifting sports film’ to be nominated – to reach a broader audience, due to Blind Side’s far superior box office success (and, dare I say, decidedly stronger appeal to the fairer sex). I cannot truly argue with this decision, as it is the only entry of the ten that I have yet to see (I suppose I will now be reluctantly forced to break my boycott of all things Sandra Bullock), and I wasn’t a big fan of Invictus anyway. Nevertheless, I cannot help but wonder why, if Blind Side is being held up as one of the top ten overall films of the year, the Academy only deemed it worthy of one other nomination. I would have liked to have seen the incredible Un Prophete (a consolation prize-winner of a nomination for Best Foreign Language Film) and the sinfully snubbed (500) Days of Summer round out the ten nominees rather than A Serious Man and The Blind Side, but overall the nominees for Best Picture aren’t too unjust. Critical consensus seems to be on monday- february 8 - 2010

this being a two-horse race, with Avatar and The Hurt Locker battling it out for the win (as they will likely do for many of the awards, as each film is nominated in nine categories).

for Best Achievement in Editing, so what the hell do I know? (For the record, I would have liked to see newcomer Neill Blomkamp get a nod for District 9 instead of Daniels.)

No big surprises in the Best Actor and Actress categories. Golden Globe winners Jeff Bridges (Crazy Heart) and Sandra Bullock (The Blind Side) both remain the favourites in their respective categories, with Meryl Streep (Julie & Julia) a close second for Best Actress. Critics say that Jeremy Renner (for Hurt Locker) and Gabourey Sidibe (for Precious) are dark horses for Best Actor and Actress,

The Best Supporting Actor and Actress categories are both rather boring, as one nominee in each race has consistently claimed the top prize in the majority of award shows thus far. In the Supporting Actor category, Christoph Waltz is the heavy favourite for his work as the ‘Jew Hunter’ in Inglorious Basterds. Stanley Tucci and Woody Harrelson both give truly incredible performances in The Lovely Bones and The Messenger, respectively, and are deserving of their nominations, but for the love of God I can’t figure out why Matt Damon is nominated for Invictus. The final nominee is Christopher Plummer for his work in The Last Station, which I unfortunately have yet to see. In the Supporting Actress category, Mo’Nique is the runaway favourite for her truly powerful role as an abusive mother in Precious. Miles behind her are the two actresses from Up in the Air, Anna Kendrick and Vera Farmiga, who are both well deserving of the nod but will likely split the votes come decision time for the Academy. Rounding out the five nominees are Maggie Gyllenhaal (the only surprise nod in this category, whose work in Crazy Heart nudged out Diane Kruger, the favourite to be nominated for Inglorious Basterds) and Penelope Cruz (Nine).

respectively. Both categories are extremely strong, and each nominee is deserving of the recognition (with the possible exception of Morgan Freeman), so these two will be interesting. Best Director looks to be another toss-up between Avatar and Hurt Locker, as James Cameron and his ex-wife, Kathryn Bigelow, respectively, vie for the award. Up in the Air’s Jason Reitman and Inglorious Basterds’s Quentin Tarantino are both deserving (and expected) nominees, but Lee Daniels truly does not deserve to be in this category. His film Precious is excellent in spite of him, not because of him. The direction and editing both took away from the film, in my opinion. Of course, Precious also got nominated

Well, in a nutshell that’s the rundown of the major categories. Overall, there were very few surprises this year, with the possible exception of The Blind Side for Best Picture and the complete snubbing of (500) Days of Summer, which I expected to at least receive a Best Original Screenplay nod. In any event, the Oscars air March 7th, for those of you who are interested (and if you’ve read this far, I’m assuming you’re interested, or else really bored with your life), so check out the Obiter Dicta on March 1st for my predictions. They might help you win your Oscar pool, or at the very least make you look cultured in front of your friends when you correctly predict the winner of Best Foreign Film and Best Documentary Short.

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The Price of Advocacy: One Family Physician’s Story Anne Sabourin Staff Writer On January 26th, Dr. John O’Connor gave a talk

at York University on his experience in Fort Chipewyan, downstream of the largest industrial project in the world: the Canadian Oil Sands. In 2001, Dr. John O’Connor expanded his medical practice to Fort Chipewyan, the oldest settlement in Alberta. The Cree have lived in the area for over 12,000 years. Water is their life and a gift from the Creator to pass on to future generations. In 1975, Fort Chip residents began to notice changes, starting with oil on the Lake’s surface. In the 1990s, the muskrat population crashed. Locals described them as “dead in their houses�: their flesh was red and the animals were poisoned. In the last 10 years, fish have developed a new oily taste, sores, grown extra appendages and deformed spines. A container of fish was collected and sent to the provincial ministry of environment, but it rotted before any analysis was done. Locals depend on these resources for food- subsistence hunting, fishing and trapping are 80% of their diet. Dr. O’Connor began to notice an unusually high number of rare diseases and cancer: lupus, rashes, blood and lymphatic cancers. He diagnosed two cases of bile duct cancer in a University of Ottawa

population of 1,200, and suspects three more. The rate of this rare cancer is 1 in 100,000 in the general population. After going public with his findings, the government response was less than stellar. Three government physicians arrived in Fort Chip. One physician walked into the medical clinic, went over to the tap, drank a glass of water, slammed it down as said “See�. This was an implied “see your water is fine to drink�. This lack of respect for the valid concerns of residents was an indication of a preformed government position. After a quick study, that one representative of Alberta Health admitted was “incomplete�, the government took the position that there was no problem in the community. Health Canada laid a complaint with the province’s College of Physicians and Surgeons, claiming Dr. O’Connor caused “undue alarm�. His file with the college was closed 2.5 years later. Asked if he would have done anything differently, Dr. O’Connor replied “I would have been more aggressive� and demanded better populations studies be completed. Study after study completed after Dr. O’Connor raised “undue alarm� give cause for concern about the impacts of oil sands development. An Alberta Cancer Board Study concluded there is a 30% higher risk of cancer in Fort Chip than in the general pop-

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ulation. David Schindler, an eminent water researcher, measured 11 tonnes of PAH (carcinogens) in three months, in snow. The PAH comes from the Oil Sands smokestacks. Tailing ponds leak 5.7 million litres per day- and one is built right next to the Athabasca River. Even environmental officer reports on pollution have not led to investigations or charges. All those living around the industrial operations should be worried not just about what is released in the water but also the fallout from the air- the cumulative impacts of which are enormous. There is a fish consumption advisory in Fort Chip- women and children are the ones not eating their traditional food. Many residents drink bottled water. Some are afraid to bring their children to the “playground�, the lakeshore. It goes without saying the issue is more complicated than just shutting down the tar sands. Even in Fort Chip, Syncrude is an employer. Companies operating in the tar sands are Aboriginal-owned, including some from Fort Chip. But all residents want is some consultation and limits on air and water pollution. More than anything, they want an apology from the provincial and federal governments. With a predicted boom coming to Fort McMurray and expected doubling of the population, government and industry need to come together and listen to these stories of environmental change, and build a new way forward.

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Children’s Rights in the Philippines: On Paper and in Practice Shivani Anand International Legal Partnership The International Legal Partnership (ILP) is a non-profit student international legal assistance clinic based at Osgoode Hall Law School. Since 2006, ILP has arranged research fellowships in countries throughout the global south for Osgoode students. This past summer, Shivani Anand and Tim Hudek worked at the Children’s Rights Desk at the Ateneo Human Rights Centre in Manila, Philippines. Here, Shivani reflects on her observations of the disparity between child rights legislation and child rights in reality, as well as the importance of understanding the sources of values in other societies. To sum up a couple months worth of life lessons and colourful experiences in a few short paragraphs is more than difficult, but I can give you a taste of the world that we were exposed to this past summer. Working at the Child Rights desk (AKAP) at AHRC (Ateneo Human Rights Center) in Manila was an enlightening experience to say the least. Our primary project involved analyzing each article of the UN Convention on the Rights of the Child (CRC) and researching the corresponding Filipino legislation and jurisprudence. The purpose of this was to determine whether or not the Philippines abides by the Convention, and identify current gaps that need to be filled.

Ironies like these make one wonder why (and how) laws that are filled with such hope and ideals are failing. Political commentator Manny Quezon put it perfectly when he said, “The Philippines is bristling with beautiful laws but they flop in execution.” It’s apparent that there is much left to be desired in terms of law enforcement. It is sad to see vast amounts of resources and effort expended to strengthen the military, when so many children are suffering from overcrowded classrooms, dangerous forms of child labour and exploitation including armed conflict, and a general lack of assurance of a bright and successful future. That being said, it is important to remember that although Western outlooks may stress the importance of certain values, it is unfair to hold a country with a lifestyle and standards very different from our own to our particular moral code. Although children may not be enrolled in school, it is unfair to automatically assume that the child is being disadvantaged or mistreated. Develop-

ing societies depend on different forms of labour and industry for their income and subsistence. Although agrarian society has nearly disappeared in the Western world, it is a fruitful, abundant, and necessary way of life in other areas of the world. Younger generations are educated and taught the importance of maintaining these industries as a way of survival for their society and cultural groups. How can we say that these values are any less important than the value we place on formal education? The bottom line is that it is very easy to judge the values, morals, and ways of life of a person, whether it’s your neighbour or someone on the other side of the planet. Until you sit down and talk to them and really put yourselves in their shoes, you cannot make judgement on their rights and wrongs. Take the time to understand someone else’s story! The research conducted by Shivani and Tim contributed to a textbook on child rights to be used by Ateneo Law School and by UNICEF Philippines, both of which are highly renowned institutions in Southeast Asia.

Students, faculty, and staff Show us what your Osgoode looks like!

Researching Filipino laws was a very educating experience. There are tremendous amounts of legislation affording rights to children in areas such as education, labour, health and freedom of expression. Initially, I was pleasantly surprised to learn how progressive the Philippines is insofar as the rights that they afford children. Granted, there are gaps, but the reality is that most countries have some legislative holes to fill.

MyOsgoode Photography Contest

Photographs will be judged on relevance to the topic, creativity, visual impact and technical quality.

The disparity, however, becomes striking when walking the streets of Manila, when one comes face to face Email your photograph to OCEF@osgoode.yorku.ca with the stark reality of life in the country. Manila is riddled with poverty; it is commonplace to see large Winners will be selected by the Osgoode community families living in dilapidated housand the winning photographs will be featured on the hoarding walls at Osgoode Hall Law School. ing, and children roaming the streets Sponsored by: during school hours. These are the very children the vast amount of leg- Each photograph must be titled and islation is meant to protect, and yet a minimum of 8 mega pixels is preferred. they are not enjoying the rights that Deadline: Friday, February 12, 2010 they are legally afforded.

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