ULTRA
VIRES
THE STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW
VOLUME 9, ISSUE 5
FEBRUARY 12, 2008
WWW.ULTRAVIRES.CA
Killer legs and zombies deliver killer follies
UV INDEX • DLS REVIEW.....P.6
• POLL SMOKING.....P.10
• LAW FOLLIES PICS.....P.16
• CHEERLEADERS’ REPLY.....P.20
• JD VS. LLB DEBATE.....P.20
• SPICE GIRL REVIEW.....P.27
• ANONYMOUS RANTS.....P.28
• ULTRA NEWS.....P. 31
Faculty and students struggle with SUYRP
For more on this year’s Law Follies performance see page 3. Also, see page 16 for photo spread.
Associate Dean Anita Anand hosted a pedagogy meeting for upperyear students on January 31st. Problems with the new Supervised Upper Year Research Paper (SUYRP) were some of the top concerns of the approximately 20 students and faculty in attendance. “I think a lot of students are having the experience where it’s just another long paper they have to write before graduation,” one second-year student said. Similar comments contradicting the purpose of the SUYRP have been making their way through the halls of Flavelle throughout the school year, as
Love law?
BY DANIELLE STONE (2L)
students and faculty face this graduation requirement for the first time. Assistant Dean Bonnie Goldberg says the change from the extended paper requirement from previous years to the SUYRP was “designed to emphasize quality over quantity.” Students have a smaller paper length requirement in exchange for formalized review dates. These review dates require a student to select a research topic, and submit an outline and a first draft of the paper on set deadlines. The supervisor is supposed to provide feedback after each submission, to encourage and to assist the student in completion of the final
paper. “This was always an applied condition of the extended paper but only enforced to varying degrees,” Goldberg says. With the SUYRP, supervisors are supposed to enforce deadlines and procedures more strictly. About 201 students signed up to write the SUYRP in this inaugural year and some of these students are getting the intended experience. “I set up deadlines with my supervising profs,” one student told Ultra Vires. CONTINUED ON PAGE 5
And the promise of challenge, mentoring and opportunity? Osler, Hoskin & Harcourt LLP. Our students know. oslerstudent.com | Toronto Montréal Calgary Ottawa New York
Masthead
Ultra Vires staff weigh in on this issue’s pressing matters
UV clicks “reply all”
Dear Readers,
Why don’t you pull up a comfy armchair, grab a Trebilcock-approved pipe and let’s smoke some polls. We gave you, the student body, a pretty massive survey this month and you replied with gusto. Not only have you given your peers a chance to get to know whom they are going to school with (see UV Survey on page 10), but you have also provided interesting insight on how you perceive Ultra Vires, your student-run and student-written newspaper. You expressed concerns, offered suggestions and definitely gave us something to chew on. Now that the channels of communication are open, we would like to take this opportunity to address some of the points you made. Hopefully, this is the start of a beautiful friendship! Let’s start with some of the easier points. We asked you what your favourite part of the paper was and we have taken those responses to heart. Only 4.8% of you indicated that you enjoyed “UV Hits the Street.” Gone. A miniscule 1.8% felt “5 Years Ago in UV” was worth reading. See ya later! (but with the disclaimer that especially noteworthy pieces, like the infamous Grade Scandal of 2002 may, from time to time, make an appearance.) The Editorial, Anonymous Rant and Professor Profile sections all received double digit approval and will continue to be regular features of the paper. On a lighter note, we were particularly thrilled to learn that one student has found the paper to be “useful for training my new puppy.” We just hope you leave some for yourself as well. Another one of you likes “the stuff analyzing the class” so this issue should be a veritable cornucopia of information for
you! On a darker note, others chimed in that UV is “generally pretty boring.” We address these comments in more depth below. We then asked you what part of the paper needs the most improvement. As we suspected, only 9.8% found the layout wanting. We here at UV wholeheartedly agree with the individual who pointed out that “Maria Zeldis is da bomb diggity.” We would just add that Lisa Chuyow is a pretty amazing Layout Lady as well. Another one of you suggested that the “staff need to smell better.” Gee, thanks for the valuable tip! We invite you to spend 72-hour weekends in the basement of Falconer and see how fresh and fragrant you come out smelling! One student expressed concern that we should exercise more discretion and “stop slandering profs in Ultra News.” Interestingly, one professor actually complained to a UV Editor that he (or she) felt profs have been getting off fairly easy in Law Follies in recent years. Another professor told us that: “people should be able to say what they want about a person's professional performance. If a faculty member seems to be indifferent to students, then they should be called on it! In the Follies students have always been very good judges of who should get cutting treatment.” We couldn’t have said it better ourselves. By far the largest contingent of responders (33.3%) wanted to see improvement in article content. Fair enough. So we would just direct your attention to the right side of this page where we have been running the same ad all year: “UV wants YOU!” We would also point out that throughout the year we have sent emails, posted in
ULTRA VIRES
is the student newspaper of the Faculty of Law at the University of Toronto.
Editors - In - Chief News Editors Opinion and Editorial Legal Issues Features Diversions Production and Design Business Manager IT/Website Manager Copy Editor Photography First Year Content
Josh Lavine and Robert Wakulat Danielle Stone and Steve Werier Sally Kwon Jonathan Song Sharon Silbert Lance Paton Lisa Chuyow and Maria Zeldis Sam Ault Austin Acton Lianne Cihlar Eric Lavers Kevin Dorgan
Communications Centre, Falconer Hall 84 Queens Park Crescent, Toronto ON M5S 2C5 ultra.vires@utoronto.ca (416) 946 - 7684
Headnotes and generally put the word out that we are on the lookout for material. That applies equally to those of you who complained about the paper being boring. We start out each issue as a blank canvas and wait expectantly for witty, incisive and interesting articles from the student body. When production weekend rolls around again, we work with what’s been given to us by you - nothing more, nothing less. Believe us when we tell you we understand that peer review can be intimidating, but criticism of those who are brave enough to try has little bite when it comes from those who are not. We can’t put this in any stronger terms: whatever you would like to read in your newspaper, we would like to publish in your newspaper – we just can’t write it for you. When asked what you’d like to see more of, a considerable number of respondents (22.0%) wanted more “law school news.” A couple comments supported this point of view, such as: “I know it’s just a student newspaper, but I think it could take itself and its subject matter a little more seriously,” and “more factual news about stuff going on around the law school.” Conversely, one student took the opposite view and wrote: “UV seems to have an identity crisis between being a legit newspaper that is insightful and useful for the student body, while trying to also be a funny paper. I vote for more funny and less serious…if I wanted serious, I’d go to class or Faculty Council meetings.” These two opposite views raise an interesting question: can UV be everything to everyone? Obviously not. A more serious paper runs the risk of being more boring, while if more funny it runs the risk of losing credibility in the eyes of the faculty, advertisers, alumni, and per-
haps even a few students. And when UV tries to compromise, at least according to one person, it suffers from an identity crisis! Yet the fact remains that, as a student-contributed newspaper, the diversity of UV’s content will probably always reflect the views of its contributors more than the views of its editorial staff. If that’s the case, then it’s those who seek change that must provide that change. Whatever vision we might have for the paper, it’s still your articles that we publish. We can ask you write for us, more or less politely remind you that you agreed to write for us, sometimes attempt to bribe you with prizes to write for us, eventually beg, beseech and implore you to write for us, prostrate and supplicate ourselves at your altar to get you to write for us. This paper is designed to be an outlet for you to critique the administration, to entertain your classmates, and to tackle issues that are important to you. In the end, this paper is what the students want it to be and what the students make it. It can be a source of humour, an agent of change, a place of discourse – or all of the above. As always, we invite you to help us shape the present and the future of UV.
Contributors Sam Ault, Abby Deshman, Kevin Dorgan, Cassandra Florio, Alex Gorka, Paul Harbal, Nicole Henderson, Paul Karvanis, Emily Kettel, Christina Kim, Amy King, Ari David Kopolovic, Eric Lavers, Stella Luk, Liam McHugh-Russell, Jordan Nahmias, Cathleen O’Sullivan, Lance Paton, Adam Pounder, Hadiya Roderique, Sharon Silbert, Jonathan Song, Daniel Stern, Danielle Stone, Amy Tsai, Dave Tsai, Cara Valiquette, Ruthie Wahl, Robert Wakulat, Stephanie White, Maria Zeldis. Ultra Vires is an editorially autonomous newspaper. We are open to contributions which reflect diverse points of view, and our contents necessarily reflect the views of the Faculty of Law, the Students’ Law Society (SLS), or the editorial board. We welcome contributions from students, faculty, and other interested persons. Ultra Vires reserves the right to edit contributions for length and content. Advertising inquiries should be sent to the attention of the business manager at ultra.vires@utoronto.ca.
The next issue will be published on March 18, 2008 and the deadline for submissions is March 13, 2008. The submission limit is 850 words.
Follies, Galas, DLS, and more...
Follies kills (yeah, I went there) It’s Friday morning about 10:45. I’m sitting in Advanced Bankruptcy hung over like a bandit, partly because I’m awake at this uncivilized hour, mostly because I stopped counting pints at the Follies post-party last night. When I agreed to write up the Follies piece for Ultra Vires, I never realized that it would basically have to get done on the Friday morning after the Follies. So now I’m on a deadline, a little concerned that I can’t find the pants I was wearing last night, and all I have for my piece so far is a theme: narrative self-reflexivity. (In other words I’m going to put myself into the piece as a kind of ‘so long, we hardly knew ye’ to journalistic objectivity.) I still don’t know what I’m going to write, though. Actually that’s not entirely true. I’ve decided to go easy on Messrs. Duff and Alarie for their timeless portrayal of Hanz and Franz. It’s not so much that it wasn’t funny – one might
BY ERIC LAVERS (3L)
even say ‘timeless’ – to see them on stage with shirts stuffed down their pants, thumping and chest-bumping, forgetting the occasional line, and so very clearly
more that, last night at the bar, I thought it would be fun to razz Duff a little bit about his performance. But somehow instead I ended up standing there, pint
loving life. All that would be well worth a good niggling in my Follies piece. It’s
in hand, gin and tonic in the other, telling him how every time I wake up in a bath-
NEWS tub I always resolve to make it the last time it happens. No, I’m going to refrain from pointing out that Hanz and Franz always seem to deliver the goods, that is, substantially the same goods every single year, in the hopes that Hanz – or was it Franz? – will keep my confession to himself. I’m sitting in the UV office now, waiting for the two Advil I just took to work magic. A column of ants, is scouting out a potato chip on the floor in front of me. Watching those ants I convince myself that last night couldn’t have been Fred’s first time in heels and drag. Anybody that unassuming in fishnets, a red corset and dressed-left, lace boy shorts obviously knows how to get freaky. And those thighs! I have to hand it to Fred though for taking the spirit of the Follies to heart by playing Bev McLachlin... CONTINUED ON PAGE 5
Law students battle severe snow storm to hit the slopes
Add winter driving to the list of things U of T law students are good at. The SLS Ski Trip to Blue Mountain departed on Friday, February 1st - a day when the Faculty shut down classes, the Weather Network issued an extreme winter weather warning, and whiteouts blanketed Highway 400. But, nevertheless, everyone made it in time to catch a few hours of the finest powder skiing that Ontario has to offer.
This was the first year the SLS successfully organized a ski trip to Blue Mountain. Last year’s organizers made the fatal mistake of going up against Law Follies. (Apparently it’s quite diffi-
BY ALEX GORKA (2L) PHOTOS BY STEPHANIE WHITE (3L) & PAUL KARVANIS (2L)
cult to convince people to go skiing the morning after.) The SLS also decided that this year’s trip would include an overnight stay as opposed to a one-day event so that everyone could enjoy an après-ski.
Paul Karvanis double-ejected his way down Elevator Shaft, while ex-racers Jackie VanderMeulen and Susan Newell skied with style and finesse. Jane Stewart, who first hit the slopes last season, displayed natural talent.
The après-ski included fitting almost two dozen people into an outdoor hot tub shared with the Mayor of Collingwood (at least he claimed to be) and his entourage of boisterous middle-aged men. Hotel staff may have asked students to keep things down, but when you're with the Mayor, you make your own rules. That night students enjoyed a delicious meal of pasta prepared by chefs extraordinaire Steph White, Kaley Pulfer, Kate Sangster-Poole and Phil Perron-Savard. Afterwards, 2Ls battled 3Ls for beer pong supremacy (tip: never drink the water cup). Despite the distinct advantage of being sober, Khalid Janmohamed was unable to lift his team to victory as underhand master Ana Aur hit repeated clutch shots. Saturday was spent skiing in great conditions and eating Beaver Tails at the top of the mountain before heading back to Toronto. In all, 20 students attended the trip. SLS will organize the event again next year.
4
NEWS
ULTRA VIRES
SLS releases results of 1L Student Satisfaction Survey
The latest SLS survey of first-year students shows that the majority of 1L students are satisfied with their academic experiences at U of T law, but there is declining satisfaction with opportunities at legal aid clinics and evaluation methods in classes. The 1L students were invited to fill out the Students’ Law Society Student Satisfaction Survey during a Bridges and Borders session last month. This was the second in a set of three surveys for the first-year class. The survey re-posed many of the questions presented in the initial survey of October 10, 2007, to observe and track changes in 1L opinions over the course of the year. In the academic sphere, the survey revealed that 1L students have remained largely satisfied by their overall academic experience (86%), quality of teaching in both lectures (90%) and small groups (80%), and by the level of engagement in their small group classes (82%). In contrast, students were not satisfied with the overall evaluation framework in their classes (40%), or by the tools and sessions offered to help them succeed in December exams (43%). They were also critical of the breadth of international opportunities available to them (35%). While the availability of extra-curricu-
BY CASSANDRA FLORIO (1L) FOR THE STUDENTS LAW SOCIETY
lar opportunities was still held in high regard in the second survey (80%), the
“OUTSIDE OF THEIR ACADEMIC EXPERIENCE, STUDENTS REMAINED DISSATISFIED BY THE
QUALITY OF FACILITIES AT THE SCHOOL, BOTH INSIDE THE CLASSROOM AND OUT.”
biggest change in student perceptions between the two surveys occurred in the area of “breadth of legal clinic opportunities available”. In this area, satisfaction fell from 77% in October to a mere 55%. The other major changes between the two surveys occurred in the areas of “teaching methods utilized by professors” (from 81% to 66%) and “content of the first year curriculum” (from 85 % to 72%). Beyond their academic experience, students were not satisfied by the quality of facilities at the school, both inside the classroom (48%) and out (29%). They were also critical of the quality of advice and guidance provided by the Financial Aid Office (41%). The survey also included new ques-
tions tailored towards providing an assessment of more recent student experiences, including Orientation sessions, Legal Research and Writing workshops, and the December examination process. Of the Orientation sessions, the best received by far was the SLS-organized December exam prep session (72%), while the session on Common Law reasoning was almost universally panned (28%). In the Legal Research and Writing program, the wider-focused Research session received more support (64%) than either the Memo (48%) or Case Summary (35%) focused sessions. Students answered questions on a five-
“THE SOLID NUMERICAL
DATA YIELDED BY A SURVEY SUCH AS THIS PROVIDES A
STRONG AND INVALUABLE BASIS FOR MEASURING
CONCERN AND TRACKING PROBLEM ISSUES...”
point scale, and the data was then dichotomized to illustrate either satisfaction (4 or 5 on the scale) or lack thereof (1-3) with a given area or issue. The response rate was lower in this sec-
ond survey, largely due to the lower turnout at the Bridges and Borders session. The SLS is very excited to have these new numbers to help form the basis of further discussions and consultations with the faculty and administration on first-year issues. Members of the 1L Caucus will be meeting with Dean Moran and first year Associate Dean Choudhry to discuss the results of the survey, and are working toward making a presentation of the results to Faculty Council by year’s end. SLS members will also be looking to help incorporate this information into the work of their various committees as the year progresses. Caucus reps will be distributing a third version of the survey later in the year, and hope that 1L students will continue their support of this ongoing project. The solid numerical data yielded by a survey such as this provides a strong and invaluable basis for measuring concern and tracking problem issues not only over the course of a single year, but hopefully well into the future. Students interested in seeing a more complete breakdown of the survey results are invited to view a condensed report at www.slstoronto.ca
First-years counsel their way to victory
Every year, Borden Ladner Gervais LLP sponsors the Client Counselling Competition, wherein students are given the opportunity to try out their lawyering muscles. This year’s competition was another fantastic success, seeing great turnouts from not only first year students, but upper-year students as well. The competition, which takes place at I was interested in the competition mostly as practice for a DLS intake I had the following week. More broadly, I thought the more practice I get at a real skill that we don't learn in our classes, the better. - Raquel (1L)
the BLG offices downtown, provides students with the experience of meeting a fake client and drawing out the details of his or her legal problem from a morass of messy, crazy facts, in an actual law firm boardroom. Lawyers from BLG serve as judges and provide acutely perceptive and constructive observations on student performances, making for a good learning experience for all participants. The organizer of the event at BLG, Halla Elias, Director of Professional Re-
BY AMY KING (2L)
cruitment, notes the value of holding and Raquel Kaplan Goldberg (1L) who the competition at the firm in providing took home this year’s prize. Both were the ‘realistic’ experience of real law work last minute competition joiners and so and adds that “for many students partic- were randomly paired together, but ipating in the comformed a winning petition, this may combination. be their first expoWagner and sure to a law firm Goldberg both setting and stunoted that a great dents are able to part of the expereceive direct feedrience was the back from one of laid- back, noour lawyers as well pressure atmosas a judge from the phere during the Faculty of Social competition. Work.” They will go on According to to the regional Elias, the value of rounds in Michithe Client Coungan later this selling Competispring. Good tion is that it serves luck, guys! Wagas an opportunity ner and Goldberg for developing have also won the practical skills that opportunity to are, for the most organize the part, not taught in competition next the classroom. In- Congratulations to Raquel Kaplan Goldberg year, so if you deed, more than the (1L) and Eric Wagner (1L) for winning the BLG didn’t get a chance Client Counselling Competition fame and glory, this to sign up this has been the draw for many students time, you can expect a brilliantly organparticipating in the competition. ized competition for 2009! Kudos go out to Eric Wagner (1L) Thanks go out to Laila Paszti (3L) and
Rose Anderson (3L), last year’s competition winners and this year’s student organizers. Special thanks also go out to all of the student actors who flawlessly memorized the details of their mock legal trauma and delivered performances worthy of Olivier! The actor for the finalist The actors were really good, especially the one for the finals, who started to tear up a little! The biggest surprise of the competition for me was finding out that the winners get sent to a regional competition in Michigan, which I had no idea about until after we won! - Eric (1L) round even managed to produce a stray tear… Perhaps next year’s competition should also consider awarding some mini-Oscars for most humorous disenfranchised person and most realistically aggrieved citizen.
FEBRRUARY 12, 2008
SUYRP- from p. 1
“The initial few deadlines were fairly flexible, but there was a hard deadline for submitting the first draft. . . [The supervisors] were always available to discuss ideas for the paper, and provided constructive feedback on the outlines I submitted. . .” “In general [my supervisor] was a sounding board and guided me to material and to refining my ideas,” another student said. “He provided quick feedback that played a significant role in the direction and content of the paper.” But Ultra Vires has heard from other students (speaking on the condition of anonymity) who have been having very different experiences in writing the SUYRP. “I met with the professor once, told her my ideas in person and had the topic approved on the spot,” one student told Ultra Vires. “I never spoke to her again until I handed it in…It was just like a normal paper course, but longer.” Both supervisor feedback and workload levels seem to vary depending on the supervisor: for example, some students who spoke with Ultra Vires had to submit a half-page outline to their professors while others were expected to write a five to seven page outline. Some students were required to meet strict deadlines while others were left to hand in their work as they chose; some students handed in drafts of their paper while others handed in only a final copy. As well, paper length requirements varied. This year, some students had to write a minimum of 30 pages for their paper while others students complained that they had to write at least 45. Professor Lisa Austin is overseeing SUYRP projects in her Information and Follies- continued from page 3
... in drag when he has to work with her next year. If an anonymously sent copy of the Follies DVD happens to reach her desk, I don’t know anything about that.
NEWS
Privacy law class. This is a four-credit course and one of the few doctrinal classes in which students may write a SUYRP. Professor Austin says students writing a SUYRP for her must submit a paper of at least 45 pages or one paper of 30 pages and another 15-page assignment. She says the longer page length is necessary to justify the extra credit in a class that is already worth four credits. Students writing 30-page papers to satisfy the SUYRP requirement are in seminar or three-credit classes. Another complaint voiced at the ped-
“MY SUPERVISOR HAS BEEN GREAT SO FAR, BUT EVEN
THE PROFESSORS SEEM A BIT CONFUSED ABOUT THE PROCESS”
agogy meeting related to restrictions on the number of SUYRP projects that a professor would supervise. “Too many people are taking similar courses hoping to write their paper in the course, and getting turned down,” one student said. “As a second year, I’ve been denied the opportunity to write the [SUYRP] in the course I’m really interested in because third year students get precedent since they are graduating soon,” another student complained. Don’t blame the supervisors. There has been no enforced requirement for a student to notify a professor prior to the beginning of classes of an intention to write a SUYRP. As a result, professors are often overwhelmed with SUYRP requests after the beginning of term. “A number of professors have conwant for law-themed cock jokes last night. For those in attendance, think dis-
“ANYBODY THAT
suming they would be able to write their SUYRP,” Roach said at the latest Faculty Council meeting. “When students wanted to do this and have already enrolled in the class, I didn’t feel like I was in a position to say no. It hasn’t been completely satisfactory for students or faculty.” Students and staff have also expressed concerns over the lack of information and guidelines for writing the paper. “My supervisor has been great so far, but even the professors seem a bit confused about the process,” one student said. Anand told participants at the pedagogy meeting that faculty is looking at how to limit the number of papers a professor supervises and how best to im-
nipples.) You might look squeaky clean but I was never fooled. The clock on the wall tells me it’s almost five, the spinach is no longer with me, and now I’ve got a raging case of the stupids. Running out of word count,
prove the experience for students and professors so there is a more consistent and meaningful process. Professor Carol Rogerson has one suggestion. She is supervising SUYRP projects in her Children and the Law class and says that a major problem with the SUYRP is that it doesn’t provide the time a student needs to do a meaningful legal research project. “It’s really unrealistic when a topic is new to you to have something written in a matter of weeks,” Rogerson said at the pedagogy meeting. “Personally, I think this is something that should be done over several terms. . . I’m supervising 12 papers and we’re in this very compressed timeframe.” Students at the pedagogy meeting also supported the option of writing a paper in one term and improving it in the next to satisfy the SUYRP requirement. Members of the Pedagogy Group further suggested that more students should consider writing their SUYRP through the directed research program, in which students can earn three or four credits by writing a paper of 50-60 pages under faculty supervision. Faculty members say they recognize there have been inconsistencies with the implementation of the SUYRP program and various viewpoints on how it should operate. “Given that this was the first year to do this program, we expected some issues,” Goldberg said at the latest Faculty Council meeting. As a result, the Pedagogy Working Group, Goldberg, and the office of Association Deans will be examining all concerns as part of a SUYRP review.
well-developed?” to which I reply, “What character? This was a bunch of
“I HAVE TO MENTION THE JEWISH JOKES ... THOSE
UNASSUMING IN FISHNETS, A RED CORSET AND
JOKES MADE ME A LITTLE
DRESSED-LEFT, LACE BOY
UNCOMFORTABLE AND NOT
SHORTS OBVIOUSLY KNOWS
JUST BECAUSE
HOW TO GET FREAKY.”
The Advil does nothing, so I trudge over to Whole Foods to buy a $12 salad in the hopes that a whole bunch of tasty spinach might soak up all the intoxicants still coursing through my stomach. (Since BigLaw is paying I also buy a delicious butternut squash soup.) It’s three o’clock now and I’ve got writer’s block – that’s block not cock. Yeah, there was no
tacted me about the SURYP throughout the year,” Anand told students at the pedagogy meeting. “As an instructor, it’s difficult to monitor so many students and then students feel they’re not getting what they’re supposed to out of it.” Professor Kent Roach was one professor struggling with the number of students wanting to write a SUYRP in his class. “A number of us had issues where a large number of students enrolled as-
5
gorgement of profits, packages blowing up in faces, et al. Who’s got the mind to think those up anyway? Fred, I’m thinking of you again, buddy (in those sexy fishnets with your won’t stay covered
I’M GENTILE. ”
it finally occurs to me that I’m not going to get to rip on everybody involved in the Follies. So I decide to call it and hand my draft to UV bigwig Rob Wakulat (3L). He says its ‘okay’ but that I ‘have to mention the Jewish jokes’. Shit, shit, shit. Those jokes made me a little uncomfortable and not just because I’m gentile. But to be fair I ask myself, “well did I at least think the character was
strained one-liners dressed up in a Super-Jew shirt. Aw sweetie…don’t be mad at me. That’s just one man’s opinion.” Any Wes Anderson fan’s out there? That last one was for you.
6
NEWS
DLS: What difference does a year make?
For a student paying $18,000 per year, three years of law school and dozens of exams can seem like eternity. Then, you get caught up in the day-to-day of classes, readings, more classes and more readings. You get to know the cycle of the year – new classes, pub nights, libraries, exams; Law Games to Follies to reading week to libraries to exams. You invest yourself in a project, burn yourself out, and pass it on to the next years’ students, who have a little more energy. And all of a sudden the year is going by very fast. So bear with us while we take a step back and take stock of one of the projects we’ve left behind. One year ago Downtown Legal Services was a tense place. Two long-term lawyers had resigned in protest and been replaced with part-time counsel, resulting in patchy review and leaving clients and nervous students in a tenuous position. Several 30-signature petitions had been circulated and signed, triggering a number of contentious general meetings. There were meetings with the Dean, meetings with the executive, closed meetings, open meetings, and the disclosure of documents and emails, some highly personal. People were reduced to tears, at times in very public ways. There were open and veiled accusations of bias, unprofessionalism and manipulation from all sides. Apologies were demanded and there was threat of legal action. A task force was called, worked and met for months, and published a report. This is not the place to rehash last year at DLS – it would take too much time, serve little purpose, and we probably couldn’t provide an objective or accurate account of what happened in any case. Since then, however, there have been changes, and we would like to look at where exactly all the hours of meeting, writing, protesting, and surveying have left us. The new DLS student executive took over last March and has been impressively active. They were heavily involved with the Task Force’s initiatives over the summer, writing several long submissions and actively representing student interests. They have instituted regular updates to the DLS membership and began the year by prioritizing a new feedback, information and complaints policy to ensure the needs of students will be addressed. The first year volunteer program was restructured, new upper year shifts were added, the areas of law and divisions were reassessed, and the advocacy course options were greatly expanded. The clinic has also hired three fulltime review lawyers, Karen Belligner, Hilary Evans Cameron, and Claire Hepburn, which has brought muchneeded stability after a tumultuous year.
BY NICOLE HENDERSON (3L) & ABBY DESHMAN (3L)
Following the departure of the old review counsel, caseworkers were left trying to obtain review from lawyers hired by DLS for a few hours a week on retainer, all of whom had busy full-time practices elsewhere. Despite the very best intentions of retainer counsel, many students found it difficult to obtain review, particularly in high-pressure situations at courts and tribunals. Having full-time counsel has eliminated these frustrations, and enabled the seemingly perpetual moratoria on new files to be officially lifted. The new review counsel have been universally well-received, and all have been praised for their knowledge and manner with students. They have also brought with them new ideas and strategies to serve the community. Bellinger is working on initiating a program of police ride-alongs for criminal caseworkers, and another where students could act as Provincial Prosecutors for the day. In the family division, Hepburn is focusing on training initiatives, inviting a variety of mediators and members of the collaborative family bar to run workshops. Evans Cameron’s E-Team is now up and running: two groups of four students each dedicated to fighting deportation orders. The team has already had an early victory in one of its first cases. In short, DLS has largely returned to doing what it has always done best – enabling law students to help those in need, and to learn while doing it. The combination of passionate students, inspiring lawyers, life-changing services, and a lot of hard work by all involved has buoyed the clinic through rough times. What remains troubling, however, is that the same mix of hard work, very high commitment and inspiration was present before last November, and it was not enough to keep the clinic from hitting rough times. Despite the many hours of work that have been put into the clinic in the past year, we still have to wonder if anyone really understands exactly what happened last year, and what needs to be done to prevent it from happening again in the future. We can’t shake the feeling, that everyone has been a little too reluctant to look back at last year – a little too afraid to try to pick through the remains to see if we can salvage any useful lessons for the clinic’s future. Yes, it was a highly charged time with conflicts that there is no need to relive. At the same time, there seem to be several logical followup steps that have not been taken, which we think flow simply from an acknowledgement that, no matter the cause or fault, three lawyers left the clinic in a very messy way. First, the Task Force report highlighted a number of recommendations, a few of which were uncontroversial.
After last year’s experience, there seemed to be a consensus that the clinic ought to have full-time review counsel, which has been accomplished. The elimination of the Employment/Human Rights
DLS Review counsel
Always the unsung heroes of DLS, they have boundless energy, seemingly unlimited knowledge, and are always so encouraging, even when you start your sentences with “so, I’m not sure if I really screwed up, but….” For those of you who haven’t had the pleasure of meeting them in person, Karen, Hilary, and Claire were kind enough to submit to a few revealing questions from UV.
Karen Bellinger
Your division(s): Criminal, Students' Rights (Offences) Law school and year of your call: U of T, 2002. Any recent victories you’d like to brag about? Too many victories to report, including many withdrawals and peace bonds on some difficult files. What attracted you to come work at DLS? I volunteered and worked (both summers) at DLS while I was a student. It was the best experience of my law school career, so I know how great DLS is for both the students and the community at large. What has surprised you most about DLS so far? The most surprising thing has been having a bathroom, including a shower, in my office! Do you have any tips for surviving a good old-fashioned DLS all-nighter? You definitely need to co-opt a friend into sharing the "fun" and to confirm that the ideas you come up with at 3:00 a.m. are brilliant. That, and copious amounts of caffeine. You weigh in...Papa Ceo's or Cora's? Papa Ceo's.
Hilary Evans Cameron
Your division(s): Immigration/Refugee and Students' Rights Law school and year of your call: Osgoode, 2003 (or as my mom calls it, Old Enough to Know Better). Any recent victories you’d like to
ULTRA VIRES
practice area and the reduction of the number of first-year volunteers have also been implemented, and were not seriously opposed. The clinic moved on CONTINUED ON PAGE 14
brag about? IR and SR have it all: brains, looks, charm, panache, a ghost...we could brag about our accomplishments, but baby, that's just not our style. What attracted you to come work at DLS? The stock options and company Mercedes. I was misinformed. What has surprised you most about DLS so far? The ghost in the SR office. Although not so much "surprised" as "creeped the hell out of." Do you have any tips for surviving a good-old-fashioned DLS all-nighter? Red Bull!! And not antagonizing the ghost in the SR office. You weigh in...Papa Ceo's or Cora's? Cora's for a mean Napolitano. But for an extra 3 minutes and $2, there's sweet sweet Flip, Toss & Thai. Anything else you'd like to add? So glad to be here! Thanks for the amazing opportunity, and looking forward to more Mercedes-less ghost-infested Redbull-and-Thai fuelled good times!
Claire Hepburn
Your division(s): Family Law, Tenants' Rights Law school and year of your call: Windsor, 2003. What attracted you to come work at DLS? Um, well, without sounding too corny, working with students never gets dull. It's also wonderful to be providing legal services, and darned good legal services, without being constrained by the almighty billable hour. What has surprised you most about DLS so far? That we don't have a mascot. Do you have any tips for surviving a good-old-fashioned DLS all-nighter? Wear sensible shoes. You weigh in...Papa Ceo's or Cora's? I have no idea. I've recently become someone who packs her lunch. Anything else you'd like to add? No. Wait... that can't be right. I'm a lawyer, I must have something to add.
FEBRUARY 12, 2008
NEWS
LIFT Project sober reminder that Pacific Islands not just a vacation destination BY ROB WAKULAT (3L)
7
On Monday, January 28th the Steam responsibilities in many areas relating to had actually pre-selected PIAF for the pointed out. “It’ll show. Money talks. Whistle Brewery played host to the third HIV/AIDS in poor countries, such as project. But I’ve always been interested Lack of money also talks. But hopefully annual Legal Initiatives for Tomorrow providing access to essential medicines.” in the issue itself and who am I to turn the spirit of the organization will come (LIFT) Project fundraiser. Attendees “If those including lawyers who do down ten weeks in the South Pacific? through and that will make up for the came together to raise over $8000 in sup- have influence over policy and finances Everything sounded great to me! With production value deficit.” port of the Pacific Islands AIDS Foun- do not act, then they just become by- regards to the organization, the more I dation (PIAF) the only standers to the gutting of Africa. Be- researched it, the more it just appealed non-governmental organization sup- cause the peril to African countries being to me. When I got there everything was “THESE WOMEN WOULD JUST porting people living with HIV/AIDS in ravished by AIDS is a matter of public confirmed. The lady who runs it, Maire, TAKE THEIR CLOTHES OFF that region of the world. A keynote ad- record right now and nobody can be ex- who the film is pretty much about, is just TO REVEAL TO US THEIR dress from Dr. Philip Berger, a Toronto- cused in 10 years that they did not know a phenomenal person, a real inspiration. based AIDS specialist, I learned an awful lot.” SAGGING, STARVING and a screening of The evening ran BREASTS...” PIAF: An Islander’s smoothly and should Call, highlighted the be considered a sucevening. VanDerMeulen wants to ensure that in cess both financially In the middle of and in terms of ob- the future both the spirit of the organiboth a hectic academic taining newfound sup- zation and the quality of the production year and the dead of port from Bay Street. are obvious to viewers. To that end, the winter, the LIFT Gala But LIFT is still work- LIFT Project is considering forgoing the attracted approxiing on ways to im- annual fundraiser next year in lieu of mately 200 law stuprove its impact. strengthening the organization. dents, young lawyers “Basically one of the big problems is There was a glaring and faculty administraabsence of third-year that we don’t have sources of funding. tors to the Brewery. students and faculty. The IHRP has been really fantastic in They heard Dr. Berger While the Administra- supporting us but we don't want to have describe in vivid detail tion was ably repre- to rely in the future on the IHRP behis hands-on experisented by Lianne cause they have all sorts of different ence at an HIV/AIDS Krakauer, Sarah projects on the go. Given that, how are Left to right: Jackie VanDerMeulen (2L), Dr. Berger, Ana Aur (2L), and the everclinic in Lesotho. Perkins, Shannon Leo we going to make ourselves sustainable? jovial Bryan Friedman (2L). “There were no curand Effie Koutso- We’re going to focus on fundraising and tains in the Tsepong giannopoulos, no fac- building up the film budget. This year Clinic, no vestiges of privacy,” said the about the situation. The time to act is ulty members made an appearance. the film was done on a budget of basiChief of Family & Community Medi- now.” “It was disappointing that more fac- cally $700, which is nothing for a film. It cine at St. Michael’s Hospital. “These Jackie VanDerMeulen (2L), the LIFT ulty were not there to support us,” con- was totally scraped together by donawomen would just take their clothes off project organizer, felt that Dr. Berger firmed VanDerMeulen. “I know that it tions and Bryan’s own resources and to reveal to us their sagging, starving was not only helpful in providing a is a busy time of year for everyone, but time. But, in the future we want to breasts, which are the only source of nu- deeper understanding of the challenges it's too bad that they missed out on a maybe not have a law student doing the trients for their newborn children. But it faced by front-line health workers, but great opportunity to interact with some film. Instead we’d partner with the NFB, was also a lethal source of HIV to these was moved by his exhortation that all of of the students in a more informal, but [which] was a sponsor for this event. children. Formula is not affordable in us have a role in this struggle. They gave us a grant. We want to build still thought-provoking setting.” Lesotho and for those that did buy it, “I think it was really interesting that he Developing a sustainable model for that up for the future.” they would often dilute the formula to made such a call on Canadians, but not the project was also discussed as an area be unsterile. Unsterile formula is more necessarily to go and help out and re- of concern. For more on PIAF, please visit dangerous than breast-feeding the chil- place the jobs of local staff,” VanDer“The most challenging thing is trying www.pacificaids.org dren. These were women who were Meulen said. ”I think especially as law to make a film on $700,” Friedman thirty years old in 80-year old bodies.” students he appealed to us in the sense In both his keynote and post-LIFT in- that we’re going to be future policymakterview, Dr. Berger singled out the group ers. We have a role in keeping in mind of future lawyers who were in his audi- those faces that we saw up on the ence as having a special responsibility to screen…when we’re making these deciensure positive action is taken without sions that we don’t see direct results of, delay. but there are ramifications.” “As lawyers you will become some of One law student who found a niche the most highly educated and influential for himself in the seemingly endless people in Canadian society,” Dr. Berger fight against AIDS is Bryan Friedman began. “As such, you should use that au- (2L) who directed An Islander’s Call. thority; for example, to push the federal While he may not have originally foregovernment to meet its commitment of seen putting his filmmaking past (having spending 0.7% of GDP on official de- majored in Film at NYU and worked in velopment assistance. Further on a po- the industry for three years) to use in law litical front, whether through engaging school, he was persuaded by a number individual MPs or submissions to Parlia- of factors to become engaged. mentary committees, law students and “It kind of came at me,” recalled lawyers should continually confront the Friedman. “They were a little behind on Administrators from left to right: Shannon Leo, Effie Koutsogiannopolous, Sarah government over its failure to meet its their recruiting for LIFT last year so they Perkins, and Lianne Krakauer
8
NEWS
ULTRA VIRES
Faculty slow to make changes to IT support at law school
More than 16 months have passed since a committee was set up to assess Information Technology and Communication needs at the law school, yet major recommendations from the committee’s report remain unaddressed and professors and students are still struggling with antiquated software programs and broken or non-existent audio-visual equipment in classrooms.
“EMAIL CAPACITY IS STILL AT A MINIMUM. WIRELESS ACCESS IS DUBIOUS IN MANY LOCATIONS.
TECHNICAL
EQUIPMENT IS STILL BROKEN.
AND THE ADMINISTRATION STILL HAS NOT HIRED AN AUDITOR.”
“I was going to show a movie in class today, but the projector broke yesterday and no one told the professors about it,” Professor Lisa Austin told her Information Law class last week. Students waited ten minutes while the technical support
BY DANIELLE STONE (2L)
analyst set up a makeshift method to play the movie. It was complaints such as this that lead to the creation of an Information Technology and Communications Committee last year. “Students, faculty and staff regularly suffer from our technology deficit and the Dean herself sees this as a priority for the community,” Chief Administrative Officer Kathy Tam says. “That is why last year the Dean suggested the Committee consider the idea of an IT audit.” The mandate of the committee set up last October, was to “undertake a general needs assessment regarding technical support for the Faculty.” The assessment was supposed to deal with everything from issues of training for faculty to the state of wireless access for students, and audio-visual equipment in classrooms. The committee, comprised of students, professors and administrators, conducted an audit of the school’s programs and equipment. It consulted faculty and students for feedback, receiving complaints ranging from antiquated office telephones and broken AV equipment in Flavelle B, to poor email storage
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capacities and inconsistent use of technology software such as Blackboard in classes. Students wanted more use of Blackboard software to ensure easy access to course materials and electronic communication abilities with professors. “Course management and tech support ended up being the biggest two issues that we addressed,” says committee member Daniel Naymark (3L).
Even Osgoode can afford these babies and they’re not paying twenty grand.
In the end, the committee submitted a report detailing such issues, but admitted it was unable to provide a solution. Professor David Duff is Chair of the Information Technology and Communications Committee. He says students and staff unanimously approved the report at the Faculty Council meeting in March 2007. No one mentioned concerns over hiring an auditor to assess the school’s needs or disagreed with the problems addressed in the report. “As I recall, the recommendations were approved with little modification,” Naymark adds. But questions remain about changes made since the report. Students have at least noticed more professors using Blackboard software in classes. “I'm not sure about what's been going on in the background, but all but one of my courses have a Blackboard site, although not all of them actually use it - so there actually seems to have been a pretty drastic improvement,” Naymark says. Aly-Khan Sunderji (2L) agrees. “I think the adoption of Blackboard has been successful thus far,” Sunderji says. “In many of my classes, announcements to the class are sent via Blackboard to the student's email account. Further, professors post readings, assignments, and comments on the online space in ways that I did not experience last year.” But ten months after the committee’s report, little else seems to have changed for the better. Email capacity is still at a minimum. Wireless access is dubious in many locations. Technical equipment is still broken. And the administration still
has not hired an auditor. Committee members aren’t sure why it has taken so long to bring in an auditor. The SLS is also concerned. “From an SLS point of view, it is disappointing that this has not taken place given the poor state of the IT infrastructure at the school and the increasing importance of IT in a student's life,” Sunderji, Vice-President Academic of SLS, says. “Of course, the law school probably has to go through some bureaucratic procurement procedures before hiring an auditor - but 10 months is an awful lot of time and it gives the perception that this is not an area of concern for the administration in the same way it is an area of concern for the students.” Administrators maintain it is a concern and they are working on it. “Since last summer, the Dean and I have been making significant efforts to recruit an IT consulting company to conduct an audit,” Tam says. “We met with Paul Marden, the university's Director of Strategic Computing, about the recommendations in the report. He has been helping us to engage a consulting company to conduct an audit.” Tam says she and Dean Moran had
“IT GIVES THE PERCEPTION THAT THIS IS NOT AN AREA OF CONCERN FOR THE
ADMINISTRATION IN THE
SAME WAY IT IS AN AREA OF CONCERN FOR THE STUDENTS.”
been meeting with representatives from a consulting company over the summer but the company has not submitted a proposal “as promised” for the auditing work. Since January, they have been in contact with other companies. Tam said they started reviewing preliminary proposals last week - the same week Ultra Vires called to ask about the status of hiring an auditor.
UV Wants YOU to write for us!
For more information contact ultra.vires@utoronto.ca
FEATURESS
Poll Smoking, Endless Legs,Wikipedia, and more...
Invasive species: If you can’t beat ‘em, eat ‘em! BY CARA VALIQUETTE (1L)
Although the intrusion of exotic invasive species represents a pressing ecological crisis, it remains an issue of which most of us are unaware. An exotic invasive species is any nonnative species whose introduction causes harm to the ecology of a region. The alien plants and animals aggressively compete with native species for the resources required to exist. They also kill off native species through the introduction of alien diseases, predation, and habitat alteration. These invasive species have been dropped into new environments by humans in a variety of ways, and there are now more than 30,000 of them established in North America alone. The pervasiveness of these species is said to be responsible for more than 40% of the plants and animals presently listed as threatened or endangered. Among the culprits are sea lampreys, bullfrogs, Japanese knotweed, and zebra mussels. The familiar and beautiful purple loosestrife plant is actually an enemy to
our natural ecology, choking out our wetlands. The oddly named “Canada Thistle,” which originated in Europe, damages farm crops and native plants from coast to coast. One of the m o s t we l l known a n d harmful invasive species in the Great Lakes regions is the zebra mussel, a native of the Balkans. They were first introduced to Lake Erie in the mid-1980’s through the release of ballast water from freighter vessels. The mussels have now spread at an alarming rate to all of the Great Lakes and into inland lakes and rivers. Last summer, while scuba diving in Tobermory, Ontario, I couldn’t help but no-
I was asked to write about my experience last year as a first-year summer student at a Bay Street law firm. It was great. However, I almost didn’t apply. Over and over I was advised by upper-year students and friends in my year that spending my first year on Bay Street was a bad idea. I’m glad I did not heed that advice. I strongly encourage anyone interested in a career in business law to try the summer experience as soon as possible. Of course, if you don’t want to be a business lawyer then you will almost certainly have a bad time in a business law firm – even if you manage to become a partnor at Davies. If you are indeed interested in business law, then there are very few good reasons not to apply. With that in mind, I’d like to dispel a few myths about the first year summer job experience.
first-year small group memo, only with shorter deadlines and more pedestrian facts. Usually it involved a lawyer saying something along the lines of “Dan, what does the law say about unsanctioned snowmobile racing?” or “Find me everything there is to know about the legality of bottomless go-go dancing.” Then I’d go look up the answer and put it in a memo. Yes, there was the day I spent 8 hours in front of the photocopier, and the day I had to read through a stack of binders to find one document, but those
Myth #1: First year summer student work is all drudgery.
Not true! First year summer student work is only part drudgery! In fact, I spent very little time photocopying, sorting, alphabetizing, or filing. Most of my work involved writing memos along very similar lines to my
tice that the only life visible under the waves was zebra mussels – there were thousands of them stuck to every rock. Free of their natural enemies, they are able to reproduce rapidly, using up enorm o u s amounts of food and destroying native l i f e forms in t h e process. In addition to removing the food supply of fish from the water, zebra mussels attach themselves to native mussels so the natives can't eat, breathe or reproduce. Consequently some of our once common clams are now considered endangered. “Why can’t we just eat these things?” I wondered. After all, there’s no faster way to wipe out a species than human con-
Summer lovin’ on Bay Street BY DANIEL STERN (2L)
days were rare. Mostly I was assigned to tasks that required me to use my brain. Honestly.
Myth #2: You will work all the
time and have no life.
sumption. My inquiry was answered with the recent release of The Invasive Species Cookbook by Joe Franke. Subtitled Conservation Through Gastronomy, the book contains instructions on how to find, collect and eat some of North America’s most common invasive species. Dishes include Lamprey Bordelaise, Easy Pan Fried Frog Legs, Thaistyle Barbecued Iguana, and Roast Pigeon. Author Joe Franke holds a masters degree in environmental studies. He has published several books, including Costa Rica's Parks and Preserves: A Visitor's Guide and Bites and Stings of Venomous Animals: Identification and Treatment. He also works as a consultant on wildlife trade issues for the World Wildlife Fund and the Humane Society of the United States, and has started his own publishing company, Bradford Street Press. I recently interviewed Joe about his latest book. CONTINUED ON PAGE 12
your plans for next summer – if business law is for you, (b) you don’t have to Not true! You will worry about work most of the OCIs in the time and have a little fall, and (c) you bit of a life! No, can spend your that’s a lie. A lot of people seem to “FIND ME EVERYTHING THERE next summer doing whatever boast about how IS TO KNOW ABOUT THE LEGALyou want. Go hard they work like ITY OF BOTTOMLESS GO GO work for an it’s a badge of honDANCING.” NGO in a deour. Truth be told, veloping counmost days I rolled try, go to New into the office York, go do around 8:45 and was usually out by 6:30. Did I ever have to some research, whatever. The only difstay late? Yeah, on occasion. Did I ever ference between using your first summer have to stay all night? No. Do you get and second summer to try something diffree dinner if you work past 7:30? ’Nuff ferent is that if you skip a Bay Street opportunity in your first summer, then you said. force yourself into the OCI race. PerMyth #3: But the DLS kids get to sonally, I spent my fall reading week watching The Price is Right while eating go to Wonderland! Yes, but I got to go go-karting. Also, Fruit Loops out of an oversized salad my firm also had discounted tickets to bowl with a soup ladle. What would you Wonderland. Chock one up for Biglaw. rather be doing? I guess what it comes down to in the end is whether you’d prefer to spend a Myth #4: You shouldn’t waste summer trying your hand at business law your “last summer of freedom” or whether you’d rather do something on Bay Street. else and forgo the opportunity to spend I can’t emphasize enough how wrong your reading week eating artificially this is. If you spend your first summer flavoured breakfast cereal out of a hilaron Bay Street then (a) you can find out ious vessel. It’s your decision. early on – and with enough time to adjust
POLL SMOKING FEATURES
10
ULTRA VIRES
2008
UV’s fifth annual opinion poll
UV likes to try and put our finger on the pulse. We're not really sure what that means or even if we've been mildly successful at it, but we do like to know what students think. We wouldn't be much of a newspaper if we didn't. Read on so you, too, can get an idea of what's going down this year. UV's fifth annual opinion poll was conducted from January 30 to February 5, 2008. We surveyed 229 students (122 men and 107 women), which was a 71% increase from the 134 respondents we heard from last year. This represents 44% of the entire JD student body. Many of the questions we asked were also asked in previous years, allowing us to track how opinions have changed over time. Some of the results might surprise you. They surprised us. We invite you to submit your comments on the poll for the next issue of Ultra Vires.
1. What is your overall impression of the morale and general atmosphere at the Faculty of Law? 2007 2008
16
17%
Very positive
21
19%
Neutral
50
49%
11
14%
2
1%
Somewhat positive Somewhat negative Very negative
3. Based on the law school curve, grade Dean Moran’s performance
2007 12 30 53 4 1 0
2008 10% 43% 39% 6% 1% 1%
A B+ B C+ C F
Dean Moran's second-year performance seems to have really left a number of students with a postive impression, as 13% more of the school believes they have seen indications of a B+ performance. We all know $60K buys us a JD; in the same spirit, apparently $7.5 million buys Mayo a half-grade bump.
Despite a relatively scandal-free year, including no large-scale book store thefts, a dearth of grading fraud and fewer administrators fleeing the "Ivy League School of the North" for the real deal, there hasn't been a corresponding increase in students' impression of the school. Nevertheless, it is probably fairly 4. Based on the law school curve, impressive that for two years running grade the performance of the SLS over 65% of students feel good about 2007 2008 this place. That's approaching Danish5 5% A like levels of happiness. 32 30% B+
2. What is your overall impression of the administrative leaders at the Faculty of Law? ‘05 ‘07 2008
16 17 14% Very positive
41 43 46% Somewhat positive 23 24 26% Neutral
15 16 12% Somewhat negative 4
0
2%
Very negative
Though very positive feelings of the Moran Administration have dipped even below the numbers of the last year in the Daniels' Administration, there is clearly less animosity directed at the top of the law school hierarchy these days. More interestingly, is that more students are ambivalent about the...uh...well...who cares right?
42 14 5 2
47% 11% 6% 1%
B C+ C F
While the SLS has managed to reduce the the number of people awarding them grades on the low end of the scale this year, it does appear that most students still feel the SLS could be doing something more for them. Maybe those students could write to UV and give some suggestions! 5. What is the worst facility in the law school?
2007 38 4 42 11 1 n/a
2008 30% 3% 43% 15% 1% 8%
Moot Court Room Bora Laskin Library Washrooms Grounds of Appeal Faculty Offices Other
Almost 10% fewer students identified MCR as the biggest blight on campus. According to 70% of students who answered "Other," that would be because rather than artificially limit their response, they turned "all of the above" into the leading write-in selection. One can only imagine this choice becoming more popular as the lame-duckness of the current buildings increases. Interestingly, one student's due diligence alarmed him or her enough to express concern for the school's furnace. 6. Where do resources most need to be spent right now?
2006 2007 2008 33
15
7%
10 18
5 20
3% 32%
31
16
12%
n/a
43
46%
10
1
13%
Recruiting and retaining faculty
Library Building a new school Clinics/Internships
Financial Aid
Other
Perhaps resigning themselves to their current surroundings, more students seem to be looking ahead to the promise of a new building which will deliver them to the promised land of spacious classroom seating, washroom stalls without peepholes and consistent temperature control. 7. Who is your favourite professor? (Includes professors with a minimum 3% of the vote.) Code
Benson
Stewart
17.5% 8.2% 5.5%
Phillips
5.5%
Roach
4.4%
Alarie MacIntosh
3.8% 3.3%
Choudhry Shaffer
5.5% 3.8%
Can't Pick Just One 3.3%
Code and Benson lead the way. No big surprise there. Kings among men - both of 'em! We'll let you observe the noticeable absences for yourself. While the Code-meister was the highest vote-getter among both genders, he garnered 47% of the male votes cast but only 16% of female ones.
Where You Fit In
8. Based on your marks, what do you think your class standing is? 2006 41 52 7
2007 34 57 9
2008 39% 58% 5%
Top 3rd Middle 3rd Bottom 3rd
U of T students appear to be a confident lot. This may be in part due to confusion over what puts one in the top, middle or bottom third of your class. After a quick review of past opinion polls, UV has "concluded" that you can have a B average and still be in the bottom third of the class. This is because profs can mark everyone at the low end of the B spectrum and still wind up with a B class average, without having to give out any Cs. This might explain why so few students think they are in the bottom third of their class, and so many think they fall in the middle. However, UV is still "researching" why so many believe they are in the top third... 9. Do you feel like you study more or less than your classmates? 2006 15 44 41 n/a
2007 16 40 44 n/a
2008 16% 45% 37% 2%
More Less About the Same Other
Of note, 50.5% of males felt they studied less while only 39% of females put themselves in the same category. The other responses were “way less.” 10. What was your favourite extra-curricular activity this year? 2006 2007 13 6 27 40 16 8 6 7 5 7 0 0 15 32
2008 5% Writing for UV 19% DLS 14% Legal Journals 7% Competitive Moot 7% IHRP 9% PBSC 40% Other
The most obvious change in responses to this question was the number happy volunteers at DLS. In an effort to enhance the student experience DLS accepted fewer volunteers, which probably had a corresponding impact on the number of students getting nifty little nota-
FEATURES
FEBRUARY 12, 2008
11. Do you believe your grades reflect your work effort?
Very Much Somewhat Work Effort 6 51 Intellect 4 48 How smart you are relative to your classmates 4 39
11
Neutral Not Really Not Even Close 14 25 4% 18 26 4% 29
26
2%
We keep asking this question and we keep wondering why we do. Hopefully some of you get something out of it.
Continued from previous page. -tions on their first-year transcript and alsp explained the huge surge in AIW responses (10.7% of responses under "Other").
12. Did you volunteer at DLS this year?
2007
2008
84 16
30% 70%
Yes No
Let us have a moment of silence for the good ship DLS….Now go read pg. 6. Apparently it's not as bad as you think! 13. How do you feel about the grade curve?
4.3%
I love it, it lets me know I'm the best.
18.7% I love it, I can relax and ride the curve.
45.9% It's okay.
21.1% I hate it, I want to know how well I know the material, not how well I know it compared to my classmates. 10.0% Other
14. Are you happy you came to law school?
2006 2007 2008
91 8
1
93
78%
Yes
n/a
19%
Sometimes
7
4%
Res Ipsa Loquitur.
No
15. Are you happy you came to U of T?
2006 2007 2008 87
86
75%
Yes
1
n/a
16%
Sometimes
12
14
9%
No
UV is actually concerned enough about these results that we're not even going to make an unfunny remark. Instead, we'll let you speak for yourselves: "It's hard to tell. I associate with likeminded people." "Never feel like I belong here, although all of the individual friends I have here are great." "Whether this is truly a left leaning school or not, the views of the professors and the topics of lunch-time discussions are focused on left-wing priorities."
Money Matters
17. What will your debt load be after graduation?
2006 2007 2008 22 35 27% $0 19 15 21% $1,000 - $39,999 43 34 36% $40,000 - $89,000 7 16 17% $90,000+
The highest student debt load seems to have settled at a troubling new equilibrium and we hope the Administration is actually paying attention to these numbers and plans to do something about it. Maybe the SLS will solve that back-end debt load issue it wanted to address in September. UV's over/under on that is 2010. 18. Do you receive financial aid?
2006
2007
2008
55
62
56%
45
38
44%
Yes No
19. Do you feel your professional choices have been affected by your debt load?
2006 2007 2008
38
40
43%
Yes
UV will just note that this year's students 62 60 36% No are setting records in ambivalence. Go n/a n/a 21% I don't have U of T Law! Or don't. We don't really debt. care either way apparently. Hey CDO! Check this out: Half the 16. To what extent do you agree with women at U of T felt debt constrained the statement “I feel like I fit in their choices while only 38% of the men thought the same way. here?” 2006 2007 2008 24 25 13% Strongly agree 38 41 29% Somewhat agree 17 19 19% Undecided 15 12 26% Somewhat disagree 7 3 13% Strongly disagree 1% Not sure
20. Do you feel your family planning priorities have been affected by your debt load?
2006 2007 25 n/a 43 n/a n/a n/a
2008 40% Yes 39% No 21% I don't have debt.
Perhaps not unexpectedly, 48% of
women answered yes to this question, while only 32% of men felt the same way.
21. Do you plan on donating money to the law school after graduation?
2006
2007
19
2008
15
45
15%
33
36
47%
52
38%
Yes
No
Maybe
Looks like Dean Moran better keep working the phones of current alumni to donate to the new building cause it doesn't appear the current crop of students is too interested in helping out. Here's an idea: charge us less now to guilt us into giving something back for the education we received while we were here!
22. If you were to choose the next president of the United States, it would be… 2007
2008
22
22%
n/a 0
3%
Bloomberg
2%
Edwards
1%
Huckabee
45%
Obama
Clinton
6
4%
5
5%
0
3%
Paul
0
1%
Thompson
0
27 0
Giuliani
0%
1
1%
9
7%
14
Romney Colbert
1%
12
McCain
Gore
Who Cares?
6%
Other
Obamamania has reached UofT and managed to put the Goracle in his place. Either that or not leaving Barack off of the UV Survey made a big difference this year! And if the faculty is looking to increase diversity, maybe doing some recruiting in Utah is one place to start. 23. If an election was held today, who would you vote for? 2006 2007 2008 0
0
0%
n/a
n/a
10% Green
16 29
43 8
4
11
52
18 11
8
Bloc Quebecois
19% Conservative 43% Liberal 17% NDP 7%
4%
I wouldn’t vote Other
While the BQ continues to have trouble making inroads into that elusive U of T law constituency (Honestly, why do we even bother putting them in the survey? Anyone? Bueller?), it seems the Stephane Dion craze that swept through the law school last year has subsided somewhat. Somehow, despite suspect environmental, economic and Afganistan policies, the Conservatives have witnessed an increase in support. Reflecting their support in the general population, the Conservatives only received support from 9.3% of females, but enjoyed a vote of confidence from 28% of the males. 24. What was your favourite first-year class? 2006 2007 2008 28
n/a
19%
Torts
19
n/a
21%
Criminal
21
21
11
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
26%
12% 9%
4%
2%
6%
Contracts Constitutional Property
Legal Process Elective N/A
So apparently the number of students taking a whiff of ye olde Carbolic Smoke Ball has enjoyed an increase this year. Or maybe YOU can offer a better explanation??? 25. How would you rate the level of diversity of the student body? 6.7%
Excellent
32.7%
Fine
25.0% 23.1% 5.8% 6.7%
Good Poor
Awful
Other
You said: “I care about a person's mind, not his/her skin colour.” “This is not important or relevant to anything.” “Everyone's too rich and too young, it seems.” “Class diversity might be the biggest, unrealized problem we have. I'd be interested to know how family income levels match up against what's normal in society.” “LSAT + GPA = Almost surefire way to not make a very diverse class.”
FEATURES
12
Over the last few years, Wikipedia’s canon of legal material has grown at an astonishing rate. In fact, it’s safe to say that Wikipedia’s reservoir of nearly all types of academic material has ballooned to what is by some accounts the most expansive individual nexus of academic literature that the world has ever known. Yet, faculty and students alike frequently exhibit a remarkable disdain for this convenient, powerful, and surprisingly thorough tool. Even in casual conversation, mentioning that Wikipedia is the source of one’s information when asserting a position or alleging a fact practically ensures that one will be treated to a chorus of snickers. People often respond with a statement such as “how reliable could something which anyone can edit really be?” and are quick to cite (typically fleeting) inaccuracies that they have found on Wikipedia as proof that it is useless and has no place in academia. Frankly, I find this all-too-predictable reaction completely unfounded. Wikipedia’s internal quality-control Species - from p.9
CV: What inspired you to write this cookbook? Were you always interested in gastronomy? JF: I've always been interested in biology and like most of us, always been interested in food. This book was a way to combine these two interests with my desire to find a way to raise awareness about invasive species issues.
CV: Have you actually made all of the dishes in your book, and if so which is your favourite? JF: I've made most of them, although a few have ingredients in them, such as green crabs, that we can't get in the Midwest and I included them at the sugges-
The Wikipedia Revolution BY ARI DAVID KOPOLOVIC (2L)
mechanisms are making it harder and harder to change the contents indiscriminately. If I were to edit the Bora Laskin entry to have it read that Mr. Laskin is presently a 36-year old circus-performing chimpanzee from Australia who found fame in a Macau casino and is now best known for his Guitar Hero prowess, I can assure you that it would be changed back almost instantly (and don’t ask how I know this). Articles which have been subject to frequent vandalism get locked and become more difficult to edit, requiring approval of a number of veteran editors. Articles dealing with contentious topics signal this at the top of the page, and attempt as much as possible to provide the various relevant positions. The most common anti-Wikipedia argument is that Wikipedia information is simply unreliable. After all, the information on Wikipedia is not accountable to any academic author-
tion of people living on the coast. As for which is my favorite, that's a tough one. I'm partial to nutria, although most people just can’t get past the idea of eating a big rodent. A lot of our culture-specific food preferences are pretty silly once you logically examine them. I also have to admit, despite my background in herpetology, I like fried bullfrog legs. I also have to admit, conversely, that I'm not nuts about lamprey although they're a tremendous delicacy and have actually been overfished in many parts of the world. King Henry the 1st of England died after over-stuffing himself on them.
CV: Do you have any plans to expand the book to include more Canadian invasive species?
sign on with Where great work and great people come together. Blake, Cassels & Graydon LLP MONTRÉAL
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ity… right? I’m not going to claim that Wikipedia is an unqualified academic utopia; it’s information is certainly not always flawless. But unreliable? What makes you think Wikipedia case summaries are any less reliable than Kier’s summaries? (Note: this is not an attack on Kier’s summaries, which are excellent). What’s so infallible about the U of T summary archive? Don’t be so quick to elevate the domestic summary offerings; proximity and familiarity are no guarantee of accuracy. To assail Wikipedia on the ground of a lack of accountability is particularly ludicrous since, for some time now, Wikipedia has been citing and linking to all its sources. If you don’t “believe” Wikipedia, just follow the link it provides to the real source and read it yourself! Whether or not you trust the original source website (which are often academic webpages) is up to you. In the event that a citation is absent, Wikipedia notes this
ULTRA VIRES
and warns you that the information is suspect by noting on the page that the citation is missing. Look up the Wikipedia entries on some famous cases such as Palsgraf or Donoghue v. Stevenson, and you’ll find some of the best and most comprehensive summaries around, hyperlinked to the concepts which they cite. Some would say, “but those are classics. What about newer, less famous cases? What about Canadian law?” Well, look up Cooper v. Hobart for a summary of that one, complete with a link to the case from which the “Anns test” (which is used in Cooper) is derived. What about legal concepts? I challenge anyone to type in “negligence” and tell me you’re not impressed. No, really; do it right now. The chart on the right side of the page even breaks it down into the various components and related doctrines, and it does so more efficiently than any textbook I’ve read. Continued on page 13
JF: We're always happy to receive new recipes and suggestions from our readers. If you have recipes to contribute please send them to Joe Franke at consed@sbcglobal.net.
spread across the U.S. and Canada, causing the decline of certain native birds. They often move in flocks of a thousand or more, decimating insect populations as well as seeds and berries as they go. The following recipe is simple enough, if you can manage to catch a dozen starlings. Joe Franke says that most people gather starlings by hunting them with a small rifle and birdshot. He warns that hunters should be careful about eating birds that have been around a lot of agricultural chemicals. The birds should be plucked and cleaned as you would a partridge or any other fresh bird.
Smothered Starling
12 Starlings 12 tbl. butter 3 tbl. flour 2 ½ cups chicken broth 1/2 cup sherry Salt and pepper to taste Cooked rice 1. Brown cleaned starlings in butter. 2. Stir flour into skillet, mixing well. Add chicken broth, sherry, salt and pepper. 3. When well blended, pour the mixture over the birds. 4. Cover and bake for 350°F/175°C 5. Serve with rice.
CV: Why can’t we eat zebra mussels? JF: Most clams and mussels are edible, but that does not mean they taste good or are good for you. Zebra mussels eat by filtering water. A zebra mussel can filter one litre of water per day. They collect small plankton from the water, but they also tend to collect toxins. Because they are filter feeders, they can accumulate pollutants in their tissues that may not be healthy for people to consume. The Invasive Species Cookbook can be ordered from Bradford Street Press, www.bradfordstreetpress.com for $24.95 US plus shipping and handling. Profits from the sale of the book fund conservation projects around the world.
Recipe reprinted with permission from The Invasive Species Cookbook. Starlings are considered a delicacy in many parts of Europe including Spain, France and the Netherlands. Starlings were brought to the U.S. in 1890 by Eugene Scheiffelin, who belonged to a group called the American Acclimatization Society. For some baffling reason, this group was bent on introducing every bird mentioned in Shakespeare’s plays into Central Park. After releasing 80 to 100 starlings in the park, they quickly
FEBRUARY 12, 2008
FEATURES
A visit to the World Bank BY STELLA LUK (3L)
“Welcome to the World Bank. Is this your first time here?” asked Daniel. This question was in response, I believe, to my gaping expression as we walked into the massive courtyard, surrounded on four sides – and above – by long glass windows and a white latticework of beams, stretching up to the sky.
fees. Closest to my experiences, the World Bank has funded land titling programs in Guatemala in the same way that the Inter-American Development Bank has funded leasing reforms in Belize. The implementation of these programs has displaced or threatens to displace indigenous Mayan farmers whom the Interna-
The thing I learned, or came to understand better, while visiting the Bank is that, despite its many problems and despite how badly projects can go on the ground, it is a place full of fascinating people fundamentally motivated by the same interests as I (at least the ones I met), and fundamentally concerned
On my left was a strangely familiar statue of a young African boy leading a blind man – a reference to a World Bank collaboration that has eradicated river blindness in 11 West African nations – and on my right were glowing pyramids listing the Millennium Development Goals – the global agenda to fight poverty that was agreed upon by 189 countries in 2000 (with such high ambitions as halving the number of the people in extreme poverty by 2015), which currently guides the Bank’s work. Yes, I was at the World Bank. Right up there with the UN and the WTO as one of the supreme Places Where Things Happen and Where Important People Are (at least in my impressionable mind). Next door was the IMF. Down the street was the White House. By some stroke of luck, I had been picked through the Munk Centre for International Studies to do a part-time internship with the External Affairs – North America division of the World Bank. This was my first visit down to D.C. at the end of January. The World Bank is one of the leading organizations working in international development, fighting poverty in its myriad forms and faces. Looking through the roster of employees, it gave me a strange shiver to find so many people working in so many areas I found interesting: information and communication technology for development. Check. Law and institutions-building. Check. International trade. Check. All in one place. All united by this dream of a world free of poverty. In this and a few surrounding buildings, 7,000 people were working together to fight poverty, Don’t get me wrong. The Bank has its problems. It has been and is still extremely criticized for untold numbers of projects that have gone bad, or were bad ideas from the start. From funding the building of dams that have destroyed communities in India to indirectly pressuring African countries to raise school
tional Human Rights Clinic at U of T is now working to protect. Talking to a friend about the mission of the World Bank, she dryly remarked that she had first heard about the World Bank in junior high and was astonished to learn in university that it was supposed to be doing poverty reduction. My take is that I don't really believe that the NET impact of the World Bank, whose stated purpose is poverty reduction and the advancement of the Millennium Development Goals, has been bad for the world. For example, it's the largest external funder of education in the world, and it's probably learned and is still trying to learn from the mistakes of the past. In any case, whatever your opinion, it is a central player in the global dis-
about what development means. People who know enough to know that they don’t have all the answers. Career-wise, I think the refreshing thing about visiting the Bank is the feeling that these kinds of careers are possible. There were people at the Bank who graduated from U of T Law, from U of T’s MA in International Relations (my other persona), and – heck – even from Osgoode. (I kid.) (And not about them being from Osgoode.) I received a piece of advice that will stick with me, from a lawyer who spent several years working on Bay Street, before eventually finding his way to the Bank. He told me that, in practicing law in Toronto, you have to be very careful. Very careful not to unconsciously succumb to the group mentality that “this is it,” that becoming a partner at a top-tier Toronto firm is the pinnacle of success. The Canadian legal industry itself can be pretty inward-looking, pretty conservative, and pretty – let’s face it – limited to Canadian concerns. In contrast, at the World Bank, a lawyer has the chance to work with governments and organizations all across the world, training judges in China, giving advice on law reform in India, negotiating with US parliamentary commissions. If you think about it, the standard career for lawyers that people talk about in Toronto is relatively limited, and, in the end, there’s no reason to limit our dreams to the pre-designed ones served to us on silver platters at U of T.
course on poverty. It is never far from discussions in international development courses, in books about global poverty, and in large international programs to fight poverty.
Wikipedia - from p.12
13
...At the end of all this, some will still say that “the case/law itself is what’s really important”. Well, of course. Case summaries in general are not intended as a substitute for actually reading a case. As far as case summaries do go, I find Wikipedia’s to be pretty damn good and getting better by the day. And not just the case facts: background, issues, ratio, discussion points, relevant legal concepts, obiter, precedent and subsequent are often discussed as well. I’m not going to say that Wikipedia is perfect or that its case summaries are necessarily the absolute best in every conceivable way. Some cases aren’t even on it yet. But that’s to be expected: nothing can be everything to everyone. However, I don’t think that Wikipedia in its current, rather advanced state, merits the derision that it often elicits. I’m not suggesting that people cite Wikipedia in an essay bibliography, but I think many would be doing themselves a favour by using it to find distilled information to be used as a starting point for research. And the beauty of the “new” Wikipedia, which links to the source data, is that you don’t need to cite it; Wikipedia is now just the hub; it is the nexus where various sources of academic literature coalesce into a cohesive, coherent summary of the salient facts. Wikipedia hatred is just the latest iteration of academic snobbery. People who refuse to consider using Wikipedia, even to find links to “real” academic sources, are just being Luddites. So I say: get with the program and embrace the Wiki. It’s not going to go away simply because you don’t understand how it works. Links: http://en.wikipedia.org/wiki/Pa lsgraf_v._Long_Island_Railroad_C o. http://en.wikipedia.org/wiki/C ooper_v._Hobart http://en.wikipedia.org/wiki/C ommon_law http://en.wikipedia.org/wiki/N egligence http://en.wikipedia.org/wiki/D onoghue_v._Stevenson
14
FEATURES
Letter from the front
Consider the economic cost. Having graduated in the spring, I started working at a large NY law firm in September. I report from the front, anonymously, because I am afraid that my views will jeopardize my career. Not really my views, but my bias, which is sourced in deep-seated laziness. Also, I didn’t clear my article with the firm, for which there are several reasons for that. One, I find the idea that my speech could be curtailed highly offensive. Two, though it is likely that no-one will actually bother to curtail speech, I am too lazy to actually find out who it is that has to vet my piece of writing. Three, though this fear is completely irrational (first years are billing, money making, machines, don’t let anyone tell you otherwise – especially since you have it on high and anonymous authority) I am afraid to get fired. There is no correlation between a well formed argument and a properly footnoted one. I am not talking about sourcing, I am talking about blue booking or red booking or McGill guiding - whatever. Spending hours ensuring that the year and copyright and their separating commas are in the right place, italicizing and not underlining, blah blah blah. Footnote checking is an indicator only
BY ANONYMOUS ALUMNUS
of anal-ness, and by perusing footnotes the client may think that he can be sure that he has in fact hired a drone that subscribes to the culture of anal-ness, and won't make mistakes elsewhere. No offense to those that have been slaving away ensuring "perfection" in what may be the most prestigious journals in the country: the western world ought to have caught on, and begun outsourcing this form of menial labor. You may be asking yourself what the big deal is, or why my legal education did not teach me how to be an effective footnoter? Since becoming an effective footnoter is everyone’s goal in going to law school, let me assure you that it was not the fault of the illustrious institution I attended. The fault lies with me. I chose to pursue a low impact legal education, involving only one journal, which I felt was content, and not footnote oriented. Then as now, I resented the fact that the powers that be could decree that footnote checking was the best use of my time. It was not a good use of my talent nor had it any prospect of being fun. To the extent that small group forced me to learn how to McGill guide, the McGill guide is wholly inapplicable in the U.S.A. Of course. But, me being me, I hadn’t turned my mind to whether a
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book with a different coloured cover would actually have different entrails. My main beef isn’t that bluebooking ruined Saturday. It is that the whole enterprise is a colossal economic waste. It is a conspiracy, a monopoly we lawyers have going. Worse, did you know that the blue book is published by the editors of the Harvard, Yale, and UPenn (and a fourth Ivy school) law journals. The editors. That should raise eyebrows. As though the economic cost of Ivy league schools isn’t high enough – think student debt, think thick alumni networks that undermine the meritocracy, think of the divisiveness Ivy league schools create – these editors have written detailed arbitrary, ever changing rules that everyone who wants to publish in these journals, and all others who aspire to be of the same “caliber� must abide. This is a significant barrier to entry. In terms of how this manifests outside the world of the law journal? Because I never garnered a deep understanding of footnoting, my endeavor to properly footnote now costs some client thousands of dollars. We strongly believe that this sort of attention to detail will make them think their lawyers are worth what they are paying them.... CONTINUED ON PAGE 28
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ULTRA VIRES
DLS - from p. 6
...these recommendations in a timely and decisive manner. However, key recommendations which spoke most directly to the issues raised in last year’s controversy remain outstanding. For instance, the report recommended that the DLS “Constitution� (as it was referred to) be replaced with a “clear and flexible set of policies related to governance.� This has not happened. The Task Force envisioned that these policies would set out clear roles and responsibilities for the Dean, the Executive Director, and the Executive. Instead, since the value and meaning of the Constitution has been thrown into doubt and nothing has been created to replace it, the governance of DLS appears to be operating in a policy void,. The Task Force also recommended that DLS adopt an effective and accessible complaints policy. This year’s Executive has demonstrated a remarkable dedication to more open communication with students at DLS, and set creating such a complaints policy as one of its priorities for the year. DLS does have a complaints policy but it is the same one that was in place last year as well, and although it was initially a priority to revisit the policy this has not happened to date. It may eventually be decided that the policy is perfectly adequate, but the fact remains that it was not used to effectively de-escalate the grievances last year. Further, it isn’t possible to know whether the current policy is adequate unless we undertake to see why it was not used, and whether changes might make it more effective or accessible. Yet to date, no new policy has been implemented, and this project does not appear to have received serious attention. Finally, last year there were innumerable calls for an objective, backwards-looking review. They were consistently rejected as inappropriate. At this point, it would likely be inappropriate to delve headlong into last year’s events. We think, it would be equally inappropriate to act as if nothing happened. It remains important that the clinic have the structures in place that it needs to move forward – ideally, to ensure that such a crisis never ensues again, and at the very least to provide the appropriate channels for action if things do go wrong. Institutional student memory is difficult to maintain: positions end, students graduate, we all burn out. However, as a new student executive takes over, however, we would urge a little objective reflection on where we have been, and what we can do to avoid ending up there again.
FOLLIES
Law
of the
2008
dead
18
Pedagogy Working Group hosts townhalls
FEATURES
BY KEVIN DORGAN (1L)
Why don’t students do their readings for class? Would students be receptive to the use of the Socratic Method by their professors? How have the December exams affected how first-years study? These questions were put forward to students at townhall meetings hosted by the Pedagogy Working Group in late January. 34 first-years attended the 1L townhall moderated by Associate Dean Sujit Choudry and Aly-Khan Sunder, VP (Academic) of the SLS. A townhall for upper-years was also held the following week. The townhalls are part of a broader plan set out by the Pedagogy Working Group to address issues of concern raised by students last year through the Law School Survey of Student Engagement (LSSSE), a tool used by law schools across North America to gauge the student experience with a focus on learning. As Ultra Vires earlier reported, last year’s LSSSE results show that UofT students believe they have acquired a broad legal education at the school, have been taught to think critically and analytically, and have learned to work effectively on their own. However, they also say they have not learned as much about working effectively with others, nor have they improved their oral communication skills. The results also showed that UofT first-years prepared less for class than first-years from other Canadian law schools. The 1L townhall showed that while the class of 2010 did not take part in the LSSSE or in last year’s meetings, their concerns somewhat matched those of their predecessors. When asked why first-years might come to class unprepared, some said it’s because they want a well-rounded legal education that involves learning outside the classroom through involvement with clinics, journals and student government. While
some first-years said they made up for the time spent doing extra-curriculars by using summaries, others mentioned they manage to do all of their readings. First-years were also asked about how they felt about the Socratic Method, or some variation of it. A variation on the age-old question-and-answer teaching tool involves professors giving students advance notice of a given week during which one may be called upon in class. While such a method could help students be more effective in oral communication and better prepared for class, students had mixed feedback on this issue; some would be open to it while others disliked the idea of being called upon even with advance notice. The 1L townhall also provided an opportunity for students to highlight some of the simple ways their learning at law school was enhanced. Some welcomed opportunities for professors to divide a class in half and ask students to debate opposite sides of an argument. Others noted the helpfulness of having professors periodically post review questions on Blackboard. The Working Group plans to take the feedback from the meetings and table an interim report at Faculty Council in February and then a final report in March. The report will include a list of pedagogical initiatives and ways to encourage instructors to be more effective in engaging their students both inside and outside the classroom. To make a suggestion to the Working Group, please contact Associate Dean Anita Anand, Chair of the Working Group, at associatedean.law@utoronto.ca, or Aly-Khan Sunderji, J.D. student member of the Working Group, at ak.sunderji@utoronto.ca.
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ULTRA VIRES
Chocolate Epiphany BY KAZRA NEJATIAN (3L)
Valentine's Day is just around the corner and I have a confession. I used to be like most of you reading this. I used to typecast chocolate. I used to think of it as just a snack. But as you will see, I was wrong… very wrong. It is so much more. Chocolate brings about an immediate mental and emotional response. When folks hear the word chocolate, most immediately think of "love", "valentine's day", "expensive", "I'm in trouble" or
have had a good conversation. If you go to a movie, you are just going to have to sit quietly in a dark room with a bunch of 14 year olds giggling or coughing. If you go to a bar, you are going to just be drinking empty carbs, or calories - or whatever the diet word for "bad" is these days. If you go to eat chocolate, you are probably going to end up with the same number of calories, but alsoa whole bunch of yummy.
something along those lines. There is immediately a reaction, positive or negative. Other foods don't come even close to evoking such a response. When someone says quich, no one has an immediate reaction. It is difficult to imagine a world without chocolate. It is a powerful food. This is why I have made it my life's work, in the past few minutes anyway, to understand and demystify chocolate for my law school brethren and, um, sisteren. There are three particular questions about chocolate that need to be answered. When to order chocolate? What to order? And how to start?
2. What kind of chocolate to order?
1. When to order chocolate?
We all know of the old, I would suggest worn out, chocolate giving timelines. You know what I'm talking about. Most of us have given or received the Ihope-this-gets-me-to-second-base chocolate. Who hasn't made the trip to the local Godiva to buy some get-meout-of-dog-house chocolate? And of course, there is the annual Valentine's chocolate. But those who think that times like these are the only appropriate moments for chocolate are stuck in a now-not now dichotomy that can only lead to an anti-chocolate discourse. Chocolate cannot be compartmentalized. You have to think of chocolate as an event like any other. Tomorrow, try this for a change. Instead of going to a bar, or a movie, go eat chocolate. If you think of it, going to eat chocolate is just as arbitrary of a social gathering as going to a movie or going to the bar. The only difference is after chocolate you are all full of yummy goodness and
Having decided that every time is chocolate time, the next question a chocolate amateur might ask is this: what kind of chocolate do I order? Well, the answer to this is simpler than you think. Here is the trick. Go into a chocolate store and pretend you are at a regular restaurant, looking at a regular menu, and are completely drunk. What would you ask for? Chocolate Pizza? Chocolate Pizza with Peanut Butter? Chocolate Soup? Chocolate covered bagels? Chocolate dipped matzo balls? You can find all of these in various chocolate stores. The world is your chocolate covered oyster. Okay, I admit I made up the matzo balls, but you can get chocolate covered, waffle balls at Max Brenner.
3. How to start?
It's easy. Just go to the Godiva shop on Bloor Street and sign up for their weekly email list. They'll send you helpful notices about various chocolates in the store. Right now the especial is the ultimate fusion of art and chocolate. They have literally painted heart shaped pieces of chocolate! Who could resist that?
An American in Paris Canadian edition BY MARIA ZELDIS (2L)
LEG A L ISSU ES
I am at the train station in Montreal prime criterion of nationhood – it’s all waiting for my connection to Quebec about whether the population perceives City, where I will be spending the week- itself as a unique national group. So end with about 100 student delegates even without all the political and ecofrom all of the other law schools in nomic trappings, Canada is certainly a Canada at the Canadian Constitutional nation, if for no other reason than our Affairs Conference (CCAC). In the next staunch denial of being American. several days I will be listening to lectures One of the keynote speakers at the about Senate reform, Aboriginal self- Conference is very much interested in government, intergovernmental transfer this topic of nationhood. Professor Guy payments, French language rights, and Laforest of Université Laval would like asymmetrical federalism. Right now, to remind us that according to the modthough, my biggest challenge is ordering ern definition of nationhood, Quebec is this weird looking croissant-type sand- also a nation (as are the Acadians, Métis wich filled with far too much cheese. and over 600 Aboriginal First Nations). The server ap“In the skies, proaches me Canada would be with a “Bona multinational jour.” Shit. constellation.” They really do It is therefore speak French not surprising to here, eh. She discover that Prosees the frazzled fessor Laforest look on my considers himself face, and makes a Quebecois first a smooth transiand foremost, tion to English. UofT delegates: Maria Zeldis (2L), Tiffany Tsun and a Canadian (2L), Nicole Henderson (3L), and Ben Shaer (3L) Crisis averted. second (and even It’s quite sad, actually, that after years at that, a very unhappy customer). You of taking French in high school and see, he doesn’t like how Canada seems even in undergrad, I froze like a deer in to be forgetting that one of the foundheadlights at the first instance of actually ing principles of our nation was the achaving to use it. Meanwhile, this person knowledgment of Quebec as a distinct jumps from one language to another like society, and the obligation to preserve the nimble gazelle that she is. and promote this distinct society. The I quickly console myself with the greatest affront to this principle, says thought that, had I grown up in Mon- Laforest, came in 1982 with the passing treal, I, too, would be a cunning linguist. of the Charter. Oh, don’t get him But I didn’t. I am from a faraway land – wrong, he’s not saying the Charter was as far away as Europe, but in the other altogether a bad idea. It’s just that it was direction. I hail from “Columbie Brittan- passed over and against the objections nique.” of Quebeckers as a political community. So what does this ridiculous episode According to Laforest, the elected reprehave to do with the Canadian Constitu- sentatives of Quebec (Trudeau intional Affairs Conference, you ask? Well, cluded) gave approval to the Charter in aside from putting into question Canadian Parliament, but in truth they whether I am even capable of ordering had no mandate to reduce the powers of food, let alone attending smart-people Quebec in fields such as education and conferences, it illustrates one of the language, without the consent of Quemajor topics addressed at the CCAC: beckers. Quebec’s political position within our This is not just about ignoring the nation (it really does address it, just let voices of a community; it is about ignorme get to that). Even beyond that, it ap- ing the federalist structure of Canada. proaches this topic from a West- Federalism is a fundamental principle of Coaster’s perspective, as opposed to the our constitution, and implies autonomy typical eastern Canadian viewpoint. of the members and a fair balance of powers – not a top-down decision makQuebec: “We are nation within a ing system. Laforest suggests that we ought to institute a permanent reminder nation.” What is a nation? Expert literature of this by amending the CONTINUED ON PAGE 20 sees the subjective dimension as the
Human rights no cover for war of conquest BY JONATHAN SONG (3L)
To make money, you need to spend NATO soldiers on the ground such that money. The idea makes sense, but sensi- whenever they come under major attack ble people recognize the danger of by the Taliban they must call in air being scammed while following the idea. strikes that inevitably pulverize the To save people, you need to kill peo- neighbouring village from which the atple. That idea gets thrown around a lot tackers came. The Taliban also use too. And while the stakes are higher, the human shields by fighting from amidst scamming is usually easier because all the civilian population. sorts of high ideals and abstract baloney Mr. Galasco was a good speaker and can be suman honest one, moned to supwho modestly and O NE DOES NOT NORMALLY press one’s basic properly declined moral instincts to a request to specuENDEAR ONESELF TO WOMEN that end. late about the traBY KILLING OFF THEIR MENOn Thursday jectory of the FOLK IN GREAT BIG BLEEDING January 17, the spreading battles BATCHES. IF ANYTHING, AS International in northwest PakHuman Rights istan as being beTHE RUSSIANS HAVE EXPERIInternship Proyond his expertise. ENCED IN THE NORTH CAUgram here at U The whole CASUS, AND THE AMERICANS of T Faculty of premise of his talk Law invited Mark however, was the RECENTLY IN BAGHDAD, IT Galasco, forprevalent idea that TENDS TO SPAWN A “BLACK merly an emthe West is in WIDOW ” SUICIDE BOMBER ployee of the Afghanistan fightPHENOMENON. American Deing the good fight fense Intelligence against the forces Agency (DIA), of darkness. To and now the senior military analyst with wage the great war for civilization Human Rights Watch, to speak about against the benighted barbarian tribes, civilian casualties in the Afghan war. or alternatively to fulfill their glorious He gave a very interesting overview fraternal internationalist duty (dependof his work at Human Rights Watch. It ing on one’s political orientation), the mostly involves drawing public attention Western armies must simply show the to instances where the military uses restraint and benevolence that reflects force less discriminately than they are the true purpose of their mission…etc., permitted under military or international etc. Happily, such conduct is also the law, and all the horrific consequences for essence of counter-insurgency doctrine. the civilian populace that such use enBut is trying to re-fight Sir Robert tails. He then gave a more specific com- Thompson’s Malaya campaign in landmentary on the particular l o c k e d case of Afghanistan. There, IS THIS WHAT WE HOPE Afghanistan rethe American forces operatally worthwhile? TO ACHIEVE IN ing out of Bagram Air Base The Pashtun AFGHANISTAN? IS IT have a narrow anti-terrorism lands are not mission. The NATO forces surrounded on WORTHWHILE FOR THIS (that includes us) have a three sides by COUNTRY TO BE A much broader counter-inwater, and the PARTY TO SLAUGHTER surgency mission that inrebels are not ON SUCH A SCALE? volves trying to build overwhelmingly popular support for their from a visibly presence throughout the different minorcountry. ity group. As a retired Pakistani ISI diSo why are so many Afghans being rector-general put it, the Pashtuns on the killed by US and NATO bombs? Mr. two sides of the Durand line are “not Galasco offered several compelling ex- like France and Italy, but like Italy and planations: that NATO and US forces Italy,” and the rebellion against the don’t coordinate their operations with US/NATO and their local allies is part each other, that they don’t share enough and parcel of rural Pashtun society. It intelligence, and, perhaps most impor- has seen former enemies of the Taliban tantly, that there are so few US and CONTINUED ON PAGE 20
20
In Paris - from p. 19
limitation clause in Section 1 of the Charter to read “free and democratic federation” rather than “free and democratic society.” I’m not sure I’m entirely convinced, but I commend him for making a creative argument.
British Columbia: “Dude, we’re special too.”
I am finally getting to the fun part of writing this article. From a Western Canadian perspective, we are also a distinct group with our own brand of Canadiana. Montreal may be known for its quality smoked meat, but Vancouver is known for its quality smoke. Toronto has the Leafs, whereas we have a real NHL team (sorry, I couldn’t help myself). The Starbucks-chugging, Lululemon-wearing, sushi-consuming, hybrid car-driving culture that dominates my hometown, on its own, is enough to distinguish us as a very, very special group. But all kidding aside, our economic, cultural, and political interests are very different from those of Eastern Canadians. We also have a different mix of immigrant populations, and a closer economic link to Asia. Like Quebeckers, we feel alienated from the political process and the seeming worthlessness of our vote. So should BC fight for its nationhood
LEGAL ISSUES
too? Perhaps. Although we certainly haven’t made it as much of a priority. It is possible that BCers don’t make it a huge issue because, in the end, we are still part of the anglophone majority and we don’t feel quite as left out. But maybe it’s just that we know that there are so few of us, and that we are so far away from the Canadian political corridor, that a few voices calling out to a place 4,000km(?) to the east is a waste of breath. This is potentially an even more tragic and hopeless predicament than Mr. Laforest’s. Regardless of whether any province in Canada should have more independent political power, it is clear that the geography of our gargantuan nation is as divisive as our political and cultural history. As Laforest acknowledges, Canada is a geographical monster, inevitably fractured into distinct regions. Unfortunately, we will always have to deal with the conflicts that stem from this feature of our country. But don’t despair. Canada, through its history, has been the land of a comparatively civilized debate on one of the most perplexing matters of modern politics – the contours of the nation and the forms of allegiance that are owed to it. And I know that we will continue to address this, and many other vital constitutional issues, in a respectful and productive manner. The CCAC is proof of that.
Human Rights - from p.19
among the Pashtuns, like the warlord Gulbuddin Hekmaytar, join with them in common cause against us. The rebels are using human shields to some extent, and shame on them. But by renting local help, so are we. Like the superstitious “priest-ridden” guerillas that bled Napoleon’s armies in the mountains of Spain, the superstitious “mullah-ridden” guerillas that bleed our armies in the mountains of Afghanistan have more popular support than we can hope to achieve, however much we and our American cousins might prattle on about bringing the Afghans the political liberties that are so quickly dispensed with at home. We Canadians are often told that we must change Afghanistan for the better. But the battle cry to “de-burqafy” the Afghan woman is not going to cut it, even if it is sincere. That seems primarily an issue between the rural Pashtun lands and the more cosmopolitan big cities, and will not be solved by blue-helmeted commissars. Besides, one does not normally endear oneself to women by killing off their menfolk in great big bleeding batches. If anything, as the Russians have experienced in the North Caucasus, and the Americans recently in Baghdad, it tends to spawn a “black widow” suicide bomber phenomenon. At one point, Mr. Galasco briefly re-
ULTRA VIRES
ferred to discussions he has had with a US Air Force General who, according to him, erroneously insists that the massive application of firepower was the most reliable way to win these kinds of wars. Regrettably, that General is correct. guerillas, almost by definition, have the home field advantage, and it is in the rarest of circumstances where the population can be gently persuaded to abandon them. Of course, throughout history, regular armies have often defeated guerillas. But they have usually done so by de-populating the rebellious region to such an extent that armed resistance simply evaporates. Likewise, the “surge” in Iraq has worked to a certain extent, just not in the way it is often portrayed on TV. In Baghdad for instance, the relative lull in violence has been won largely through a bloody campaign of sectarian cleansing by the militias of the US and Iranbacked Iraqi government that has killed or driven out most of the Sunni Arab residents, and walled in the remainder behind concrete barriers, thus shriveling the social base of the Sunni guerillas in that city. Is this what we hope to achieve in Afghanistan? Is it worthwhile for this country to be a party to slaughter on such a scale? Our fearless leaders in Ottawa sure seem to think so…
OPINIONS & EDITORIALS Memoirs of a cheerleader
The scene: a cold November day. Two good friends of mine are organizing a law school charity basketball game at the ACC and having trouble selling tickets. As dedicated members of the SLS, both have spent the week obsessing and stressing about the event. Two of my girlfriends and I were sitting in the library that afternoon talking about the upcoming event and the situation our friends were in when we decided to do something to cheer them up: we decided to dress up as cheerleaders for the game to make them laugh. Never did we think that such an innocent show of school spirit and true friendship would form the basis for a feminist tirade questioning the values of many of the women in our school months later. As a well-educated female, I found Imtenan Abd-El-Razik’s article, “Feminism at law school: alive but not well” particularly troubling. It is an example of perhaps the most egregious error my gender makes in discussing feminism: instead of supporting the exercise of freedom of choice by her female colleagues, Ms. Abd-El-Razik instead invokes her own stereotypes of what she conceives a dignified woman should be and how she should act in order to gain the respect of her male counterparts. While the author states that her observations “are meant as comments neither on the merits of [the law school] culture nor on all women’s reactions to it,” both the sub-
BY STEPHANIE WHITE (3L), NANDINI SOMAYAJI (3L) AND JULIE BREAU (3L)
stance and the tone of her article indicate otherwise. In assessing the conduct of her female colleagues, she essentially denies that these women exercise any degree of freedom of choice in engaging
absent any formal or substantive barriers. Freedom of choice is a necessary corollary to this prevailing conception of gender equality, and women exercise that freedom by choosing to behave in par-
For those UV Survey respondents who wanted “some version of the sunshine girl” and “chicks in bikinis” - this is as far as we’re willing to go.
in the activities they do. While I have no doubt that she was well-intentioned in writing her article, this type of reversechauvinism subverts the very cause for which she so fervently advocates. At its roots, feminism is essentially about two things: equality and freedom. Equality is most often defined as equality of opportunity, meaning that women should have the same chance to pursue their self-development in the same spheres and to the same degree as men,
ticular ways and engage in certain activities, according to their individual desires and interests. Moreover, feminism is about escaping the ideological oppression of others and rejecting the traditional labels that have plagued women’s development for centuries. While historically, this stereotyping occurred by men in an effort to suppress women, I wonder how Ms. Abd-ElRazik’s reasoning is any different in this regard, as she persistently applies her
own narrowly-construed vision of the dignified woman in order to conclude that feminism at this law school is “alive but not well.” The implication of her argument is that women at U of T law do not actually want to participate in events such as law games, orientation week, or pub night. Rather, they do so out of a desire to conform to the male paradigm that she believes characterizes the law school culture in an effort to avoid the perceived alternative of virtual exclusion. She aptly summarizes her position by stating, “you only need to chip away at one woman at a time to diminish any hopes of a serious shift that truly reflects the constituent community.” I find it curious that she can in one sentence commend the “many fabulous women” she has met in law school for being “intelligent, ambitious, assertive, caring, sophisticated, funny, diverse, and opinionated” and yet in another sentence claim that these same women only make the extracurricular choices they do because they are victims of a male-dominated tradition. Is it really that implausible that the women at our school might truly want to participate in the school’s social events or have an interest in practising corporate law? That so many women at this school exercise those preferences every day cannot possibly signify that we..
A critical examination of the JD/LL.B. debate
Recently, the UBC Senate approved a change from the traditional bachelor of laws (LL.B.) degree to the less-wordyyet-suitably-arcane juris doctor (JD) designation. In doing so, UBC leapfrogged a growing list of schools considering adoption of the JD and became only the second school in Canada to officially embrace it. Ladies and gentlemen, we have a trend. Not surprisingly, the Canadian legal profession is divided on the necessity or merits of doing away with the traditional LL.B. degree. In the interests of objectively assessing the issue, I performed extensive sociological and historical research to extract key arguments for and against the JD degree. Presented here are my findings. First, the phrase “juris doctor” contains the word “doctor” whereas “bachelor of laws” has the word “bachelor.” The term “bachelor” evokes images of
BY PAUL HORBAL (3L)
poor, lonely men living in tiny one-room apartments. This should tell you everything you need to know about why the JD is preferable. Obviously, the continued use of male-centric words like “bachelor” is regressive and antithetical to the goal of gender equality in the profession. Defenders of the LL.B. may take issue with the above use of the English word form “bachelor of laws” when comparing it against juris doctor. A more level playing field would of course make use of the Latin form legum baccalaureus, which also has that arcane quality about it and doesn’t readily suggest images of guys living in their parents’ basements. Personally, I don’t think this makes much difference to the argument. Although it’s unquestionably a bonus to obfuscate “bachelor” you now have the word legum, which simply conjurs up images of dried beans at the supermarket or, for
the Francophones among us, vegetables. Let’s face it, we live in an officially bilingual country and it simply won’t do for lawyers to have their degrees mistaken for exotic vegetables. Another factor frequently cited in favour of the JD is the issue of international employment. Specifically, there are concerns that foreign employers may fail to recognize that law is a second-entry program in Canada requiring the completion of at least a few years in some other undergraduate program. Employers may see LL.B. and assume that the Canadian lawyer having that designation has no prior undergraduate experience. However, making that assumption presumably requires an extraordinary feat of selective reading, i.e., to omit the letters BA or BSc in the intervening space between the applicant’s name and the LL.B. designation. Considering the attention to detail often required in legal
CONTINUED ON PAGE 22
work, it may be doing LL.B. holders a service to eliminate them from consideration by such careless employers. Finally, there is perhaps the most compelling argument in favour of the JD. In this post-industrial, globalized society of ours, efficiency and sustainability are important factors in financial and economic success. Companies are beginning to recognize that there can be benefits to reducing waste not only in the workplace, but also in the broader marketplace. Law firms, always keen to reduce paper consumption, can realize an immediate and whopping 50% drop in the paper and ink required to print the degree designation of JD holders, as opposed to their tree-hating LL.B. counterparts. As convincing as the arguments above are, there are nevertheless good reasons to retain the LL.B. degree designation. Many commentators have CONTINUED ON PAGE 23
22
OPINIONS AND EDITORIALS
Yes he can: Obama’s gonna take it BY LIAM MCHUGH-RUSSELL
Well, it’s down to Hillary and Obama and it looks like we’re Obama supporters – at least, a plurality of us sizeable enough to elect the last 13 Canadian governments has thrown
Pictured above: Superman standing in front of some random guy in a red cape
its support behind him for President. A democratic primary at the Faculty would be taken by Obama with no need for a recount. We’re in good company: the popular Youtube video riffing on the recent Obama “Yes We Can” speech features Scarlett Johanssen, the woman who plays McDreamy’s ex-wife from Grey’s Anatomy, some familiar looking white guy pretending to play guitar, and of course the video’s producer, will.i.am. The Grateful Dead have thrown their lot behind Obama, though we’ll have to take their word that Jerry sends his best to the campaign from his great tail-gate party in the sky. The support of Joan Baez means an end to self-imposed exile from party politics. I’m backing Obama, too, though on the basis of his strong anti-corpocracy message, I was a supporter of Edwards until his exit from the race two weeks ago. But I’m doing
more than supporting Obama’s candidacy. I’m going to make the call – he’ll get the nomination. I’m currently batting 1,000 in such predictions: I could have been two bits richer if someone had put money up against my call for Dion in the recent Liberal leadership race. As I suggested, the combination of anti-Rae and anti-Ignatieff sentiment combined to put Dion, no matter his failings, in the hot seat. The result was more complicated: without Gerrard Kennedy’s endorsement in the closing minutes of the Convention, I might have lost that bet. In that way, Obama has something in common with Dion: the strength of a key Kennedy endorsement or more exactly, the support of a handful of them. Though the clan is divided – with the noted environmental activist Robert K. Jr.
OBAMA MIGHT BE CHARMING, INTELLIGENT, AND SINCERE, BUT HE IS TOO GOOD TO BE TRUE. SOMEONE SO NICE CAN’T CUT IT IN THE SNAKEPIT OF POLITICS, THEY SAID... backing Hillary – the endorsement of Ted Kennedy, JFK’s daughter Caroline and Maria Shriver will certainly give a boost to the Illinois senator, not least because of skewed media coverage of the matter. Despite the split in the Kennedy support, there is no doubt that the shine of Camelot has been lent to Obama, CONTINUED ON PAGE 23
Cheerleader - from p. 21
are at risk of transforming back to “male-worshipping first wave feminists”. We are simply not that vulnerable. Given that we are an exceptionally bright and tenacious group of women, I would have thought we had earned the right at this point to exercise our freedom of choice absent criticism by our peers and to be respected for the way in which we choose to shape our lives, rather than having those decisions scrutinized as merely a yearning to be accepted by our male colleagues. Apparently this is a point on which Ms. Abd-El-Razik and I differ. While I fundamentally disagree with the gendered dichotomy Ms. Abd-ElRazik articulates, she raises some valid concerns in her article, however confused. Specifically, her concerns regarding the potential exclusionary nature of the perceived “party” atmosphere and the corporate emphasis of the school are particularly salient. Although these things are not gendered by nature, she is correct in pointing out that they could have gendered effects. The pressure to drink is a longstanding issue for young adults and can have gendered effects when exasperated by cultural differences. Inarguably, the school needs more events that cater to the needs of these marginalized individuals. However, the mere presence of alcohol at a school event does not imply the virtual exclusion of those who choose not to drink. There are many students who join law games to play sports, participate in orientation week to meet new people, and attend pub night as one of the few opportunities in the week to socialize with their friends. As a member of the SLS and a former team captain for the law games team, I know firsthand just how cognizant the organizers of these events are of students who do not drink and the lengths to which they go to include them. The bowling and group dinner nights during Orientation Week are perhaps the best examples of some attempts at accommodation. As a graduating student, I look back on my time at this school and realize that my most fond memories and my best
ULTRA VIRES friends were made while participating in some of these extracurricular activities. I would hate to see future students cheat themselves out of such rewarding experiences because of fear or misconception. The corporate emphasis of the law school has been an equally contentious issue for students of divergent interests. While this issue transcends gender boundaries, the reality remains that statistically more women opt to practice in niche markets and smaller firms than men. The OCI-focused recruitment process does little to address the employment desires of these individuals, either men or women. Moreover, it creates an environment in which students who choose not to participate in the process are constantly having to defend their interests and their academic standing to their peers. This is a systemic problem that exists across the legal community, and for that reason I am not sure how easily it can be fixed. Regardless, this issue should not be confused with the element of prestige that is often accorded to our school. While Ms. AbdEl-Razik equates the idea of prestige with the financial security of a corporate law job, a broader conception might be more appropriate. U of T law is consistently rated the best law school in the country. It has the highest entrance averages, the highest rate of articling employment, and the highest number of students who obtain clerkship positions. There is an undeniable degree of prestige that accompanies that reputation and a certain level of privilege for students to receive such a high quality of education from such renowned faculty. We should be proud of this status as students rather than deny it. Although I do not personally agree with many aspects of her article, I fundamentally believe that no student voice should be stifled. If Ms. Abd-El-Razik, or any of you, have concerns with regards to issues like these, I invite you to raise them with your SLS Caucus representatives.
FEBRUARY 12, 2008
JD/LLB - from p. 21
... pointed out that we should not be so quick to do away with our own proud Canadian legal traditions. Importing the JD from the U.S. would do a great disservice to the founders of Canada’s legal educational institutions, who proudly imported the LL.B. from the UK. This debate is far from over and we can expect continued wrangling at Canadian law schools for years to come. Law school graduates have a wide variety of opportunities in the marketplace today, but at the same time top employers have a massive pool from which to gather talent. In such an environment, rising to the top requires that Canadian law schools and graduates be widely known and recognizable for the superb specimens they are. Aside from firm placement, earnings, performance reviews, publications, grade-point average, LSAT score, partnership status, client list, fashion sense and body-mass index, there simply is no better way to assess the quality of law school graduates other than by a two- or three-letter degree abbreviation. We should all care deeply about the eventual choice for the Canadian legal profession.
OPINIONS AND EDITORIALS
fore the Democratic race was shown to have not one but two horses run... not Hillary. ning, Michael Chabon suggested that The candidates aren’t that far apart arguments he had heard against on policy. Since the beginning, the Obama were pragmatic, not substanchoice between the two has seemed tial. Sure, his friends said, Obama like a choice between hope and expe- might be charming, intelligent, and rience. Ezra Klein puts a finer point on it, colouring the choice as one beEVEN THE PERSISTENTLY tween Clinton as manager and SELF-DEFEATING DEMOCRATS Obama as visionary. There are good CAN’T SCREW THIS ONE UP. reasons to support a manager for President. America has painted itself into a corner in Iraq, flushed its sincere, but he is too good to be true. economy down the toilet while run- Someone so nice can’t cut it in the ning its debt up to unfathomable snakepit of politics, they said, and numbers, and tarnished its interna- Democrats need someone who can tional reputation through divisive win. His speeches may have inspired unilateralism, de facto endorsement famous Californians to march to the of torture and spying on its own cit- beat of a new drummer but in Amerizens. Supporters of Hillary point to ican politics, Hollywood support is her experience as proof that she will often a burden, not a blessing. Up be a steady hand at the tiller while until last Tuesday, arguments against America tries to sail out of these Obama were founded not on his shallows. She is, for Democrats, the character or on his potential as Pres“safe” candidate. Obama, on the ident but on his ultimate chances as other hand, is so full of enthusiasm Democratic nominee. that (no exaggeration) he brings tears Here’s the catch. Americans are to the eyes of many Canadians with ready for a Democratic president. hope about what the United States Polls say that they’re ready for can be. change, independents are voting in Writing last Monday, one day beObama - from p. 22
23
record numbers in democratic primaries, polls have the democrats in the lead, and election markets have a democrat taking the prize at three to two odds. More importantly, Hillary may be slightly ahead of Obama in polls among Democrats but American voters, buoyed by McCain support over Hillary among independents, are much more likely to elect Obama as President with McCain as the Republican nominee. Until now, Democrats have supported Clinton because they thought that Americans prefer safety over promise, security over potential, sound mind over the possibility of something greater. Polls show the opposite, that Americans as a whole, not just Hollywood, much prefer the visionary to the manager. In short, with McCain as challenger, Democrats can choose the “safe” candidate who is more likely to lose, or take a risk on someone their fellow Americans like and who, in their hearts, they already like more, too. Even the persistently self-defeating Democrats can’t screw this one up. Check out the author’s blog at: mchughrussell.blogspot.com
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D I V ER S I ON S
Food review, Dr. Ruthie, Anonymous Rants, Spice Girls and more...
Launched on June 18, 2005, Etsy is a Brooklyn-based online marketplace that features original works by crafters and artists from around the world. Dismayed by mass consumerism and mega-chains like Walmart, the founders of Etsy set out to create an online community where independent artists could showcase their unique handmade goods, and buyers could reconnect with makers of products. The idea was to “swing the pendulum back to a time when we bought our bread from the baker, food from the grocer, and shoes from the cobbler.” The Etsy ideology is a push for a new economy based on buying, selling and living handmade. For the buyer, the end result is an anachronistic online shopping experience that feels a lot like browsing through a traditional arts and crafts fair.
This February brings yet another Admission Day – when all those eager new admits tour around the Faculty of Law and learn about the extraordinary careers that our alumni have gone on to build. Law seemed so glamorous back then, didn't it? But as soon as we opened the books, and set foot into firms, a life of drudgery loomed large. Does it have to be this way? We say “no,” and we have evidence in the form of those who left the Partnortrack to do more fabulous things in nonlaw. This issue, we profile David Shore, creator of House, and Shawn Hewson, fashion designer and judge on Project Runway Canada.
Etsy: it rhymes with Betsy BY CHRISTINA KIM (3L)
Like most arts and crafts fairs, it’s easy to feel overwhelmed by the sheer amount of stuff on Etsy. To make it easier, there are a number of different shopping strategies to choose from. Shoppers can dig through the wares by searching in categories like furniture, geekery, jewelry and paper goods. However, while this strategy makes sense in an actual store, it can be a time-consuming and exhausting process on Etsy. It might be easier to start with the Main Showcase, which organizes top picks from a number of shops on one page. Buyers can also use the pounce feature to find undiscovered items, shop by colour and geographical location, or browse through recently sold goods with the time machine. Gift guides are also available for special occasions and holidays. Etsy’s Valentine’s Day Showcase is a good example of what you can find at the online market. You’ll find plenty of
It’s hard to resist spending an hour or two or three sifting through the Etsy shops. According to the website, the community of Etsians is growing: as of February 1, 2008, more than 1.1 million handmade creations were posted on Etsy. Since June 2005, the buyer to seller ratio has grown from one-to-one to fiveto-one, and Etsy hopes to see it increase to ten-to-one by the end of this year. What will be interesting to see as Etsy continues to grow is how its popularity will affect the founders’ desire to reject mass consumerism and support independent crafters and artists. While some commercialization seems inevitable, hopefully the team behind Etsy can retain its unique community and independent spirit. To visit this gem of a website, go to etsy.com.
Profiles in Non-Law BY CATHLEEN O'SULLIVAN (3L) AND DAVE TSAI (3L)
school. I liked it socially; it just wasn't right for me. I made good friends there, but academically I just kind of drifted through." What Shore did enjoy was working on the Faculty newspaper, Hearsay. His
After practicing corporate and municipal law at a Toronto firm for five years, Shore boldly moved to Los Angeles to follow his dream of comedy writing. His law partners thought it was the biggest mistake of his life, but 19 million House viewers would likely disagree.
credibility that was often found lacking in its American counterpart. It was also clear that if it wasn't for Shawn's influence, we might have had to stomach the crowning of runner-up Lucian Matis and his fugly doily-inspired
Shawn Hewson
David Shore
David Shore ('82) is the writer, producer and creative force behind the hit medical show House. Before creating the House phenomenon, Shore racked up writing and producing credits on Law & Order, Due South, Traders, and Family Law. Before all that, however, Shore was a law student who had dreamed of being a lawyer since the age of 12 – that is, until he actually studied the subject. Shore recently reflected on his legally blonde days, stating, "I didn't like law
sweet and quirky cards with gorgeous vintage-inspired screenprints of peonies and bicycles and little fat men falling from the sky with umbrellas that will help you proclaim your love and affection on February 14th. Couples following the US elections can get political with an “I want to Barack your world” card. If your sweetheart is a biology buff, you might consider an intricate three-dimensional anatomical heart silver necklace or a fuzzy red protozoa ring. Is your valentine an avid knitter? The Luv Ewe red knitting needles are a cute idea. From a student’s perspective, one of the great things about Etsy is that it can be affordable: prices range from as low as a few dollars for a pair of earrings to hundreds of dollars for paintings and ceramics by professional artists. Shipping is often reduced or free if you purchase more than one item from the same vendor.
turn as editor – co-editor, Mark Gray ('83) also became a screenwriter – was not without controversy. In fact, it became known to Shore and his cohorts that the Dean (none other than Frank Iacobucci) did not appreciate the proliferation of masturbation jokes in the publication! This, of course, became a joke in itself.
Shawn Hewson ('98) eschewed convention and left his job as a Bay St. corporate lawyer for the glamorous world of fashion. In 2002, he and his wife, Ruth Promislow ('98), founded Bustle Clothing, which has now become a permanent fixture of the fashion community for its “sexy and cheeky, as well as sharply tailored leisure aesthetic.” In fact, Shawn's renowned fashion sense earned him a spot on the judging panel of the inaugural season of Project Runway Canada, alongside such heavy hitters as supermodel Iman and Elle Canada's editor-in-chief, Rita Silvan – an honour that received nary a mention on the Faculty website. While Shawn's contributions on the show were met with praise by Iman who quipped that he could “dish it out” – more significantly, his sharp criticisms and witty insights lent the show an air of
creations as being the best that Canada has to offer. This in and of itself is a remarkable service to all Canadians, and the fashion world at large. So, in conclusion, dream big. Davies might not work out. But the worlds of television and fashion could await.
DIVERSIONS
FEBRUARY 12, 2008
25
A Valentine’s Heart-to-Heart with Dr. Ruthie
Ladies and Gentlemen, it’s that time of year again that gets hearts racing and nerves all aflutter‌it’s Valentine’s! Rather than dispense advice based on real life dilemmas sent in to trigger my romantic wisdom in the traditional mould of Dr. Ruthie, I thought I’d share my insights for free. Lord knows we all need freebies at this time of year. Valentine’s Day is no reason for single people to feel sorry for themselves. While I know that is often the effect that February 14 has on many unattached people out there, truthfully they should count their blessings. There is nothing worse than having to take stock of your dysfunctional relationship because a holiday forces you to confront all the passion that is lacking from your current situation. I mean, in many ways, Valentine’s is synonymous with appointment lovin’. Couples are thinking to themselves in equal measure: “yay, I get to get someâ€? and the Passover classic, “why is this night different from all other nights?â€? No one shines a floodlight on catastrophic couplings like Cupid. Valentine’s Day is the Superbowl of interpersonal awkwardness. The scenario is familiar: you have recently started seeing someone new, or maybe just started sleeping with someone you’ve known for a while. You haven’t
yet determined why you want this person or even whether you have any feelings for them whatsoever. And then you check your calendar and hot damn it’s February 14. Panic sets in. Do I make a big deal? Do we even make plans together? Does the choice send some kind of signal about where my head is at? And does the other person think the same thing? Welcome to the big show, my friend. You have the twin linebackers Commitment and C o m mu n i c a t i o n bearing down on you and no one else is open down field. Valentine’s Day is also a really great way to test your friends’ patience and understanding. The tests can come in two forms, depending on your current romantic status. If you are deliriously happy, in love with someone who is alternately the God of Sex and the Gold Medalist for the Best Significant Other, then you get to find out on Valentine’s exactly how happy your friends are for you. If they come
across as insanely jealous, well then they just don’t think you deserve that happiness as much as they might profess. In fact, I heard them say that they thought you looked fat last week. If, on the other hand, the last person you were dating made like Tony Soprano and got Waste Management to cart you off and you are still pining away, your friends are really in the hot seat. Now you can discover how tolerant they really are. How many times can you name-drop your ex, wondering what they are doing on Valentine’s, without driving away the people who are supposed to be there for you and love you. Everyone has their limit, and this February 14 you’ll find out if you “Don’t Stop Believing� in your friendships, or whether there is an abrupt cut to black. Finally, Valentine’s Day is an opportunity to indulge your crazy side. Most people try to keep their loonier tendencies under lockdown so that the world doesn’t think that they belong in a strait jacket. On Valentine’s for some reason
we are more tolerant of total and utter wackiness. Indeed, we embrace it and explain it away as either romantic or loneliness. There are ways to cross the line however. Cyberstalking anyone you think is cute on Facebook may seem like a good idea but remember, news feeds tell a different story. After a few posts, it’s just lame. Sending yourself flowers and candy so that your co-workers think you’re desirable may seem like a good idea at the time. That is until you get the Visa bill. Pursuing someone you have a crush on seems like a good idea on Valentine’s, unless, of course, your pursuit results in you leaving your facial imprint on the glass of a swanky restaurant as you peer in at the object of your affection canoodling with someone else. Then you just look like a bug smushed against the windshield. And you force the restaurant to break out the Windex. I hope my insights have put a different spin on Valentine’s Day this year. Remember to send in your law and love related problems to Ultra Vires. And if you would like to send some love my way on February 14, you can direct flower deliveries to Bora’s Head and I’ll pick them up there: there’s nothing like a sculpture of a disembodied head to enliven the romantic spirit.
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FEBRUARY 12, 2008
Food review: Valentine’s Special BY EMILY KETTEL (3L) AND ADAM POUNDER (3L)
You're a poor 1L student, new to Toronto. Winterlicious is over, Aladdin didn't come through with the interestfree loan you were hoping for, and your partner is still expecting a night of romancing for the annual February 14 show. All their friends will hear if you fail. Where do you take them? Our suggestion is La Palette: charming, tiny, and, most importantly, French. Very French. The bistro, located at 256 Augusta Ave. in Kensington Market, is TTC-accessible (Spadina and College streetcars) and features a fairly large menu with several daily additions. Surprisingly for a French restaurant, it’s actually quite affordable – many of the appetizers, mains and desserts can be enjoyed as part of their $30 year-round prix fixe. If you want to leave room for whipped cream later in the evening, the menu features lighter fare such as escargots and duck, and should you be so hungry you could eat a horse – you can. How much Frencher can you find at affordable prices in Toronto? We visited the bistro on a recent cold, quiet Sunday evening to determine how appropriate a recommendation this would be for a charming meal for two. Our meal started off inauspiciously for a review dinner, with our waitress (the only one) proffering the beer list, as she thought she had heard us mention beer…we hadn’t. For the record, the words used were “Tom Brady” “Gisele” “beard” and “dream on.” Regardless, the beer list is furnished, and La Palette’s features one of Toronto’s most extensive: it’s not a sampling of Labatt products. Emily orders a Trappist monk ale, $7 on tap. Adam declines, pompously deriding ale as his “least-favourite alcohol” and “just beer.” He’s wrong. Luckily for him, there are about a dozen wines available this evening, all of which are open for sampling pours and can be ordered by the glass, half-litre or bottle. Wines from all over the world are presented, and Adam settles on an Ontario Pinot Noir after sampling that and a Merlot. We then move to the food: Adam has the “local” appetizer, a whisky/maple cured rainbow trout with maple “crème” ($10). This was, to put it mildly, delicious, the accompaniments: less so. Emily has the escargots—searingly hot, garlicky, buttery,
DIVERSIONS
with similarly-cooked mushroom caps on top of the escargots. Quite tasty. For mains, Adam orders the wild boar/duck leg combo ($28). La Palette is also known for its selection of game meats—the tenderloins on offer include selections of horse, ostrich, boar, and others, which vary on what’s in stock. You can mix and match meats according to your likes/dislikes, and the “quack and track” (duck leg confit and horse tenderloin) is oft-ordered. The wild boar is VERY tasty, darker in colour and muskier in flavour than pork, but not as extreme as beef. The duck leg confit is acceptable but nothing special, skin is crispy, as confit should be. The accompanying vegetables are treated in the French way – drenched in butter. Emily orders the Poulet Bonne Maman ($18), a chicken breast with an onion-peppercorn reduction and fruit sauce. The chicken was sufficiently moist and a quite generous portion. La Palette also offers local dishes when possible, and the dinner menu currently features a Georgian Bay trout special served with a cranberry and cheddar barley “risotto” and local vegetables. On previous visits it has been delicious, but given the lack of local produce in Toronto in February, it is unclear how local or tasty the accompaniments will be. The dessert list, although short, offers something for everyone – something chocolate (“gateau au chocolat”, which is a flourless understatement, ($9)), classic lemon tart ($8), a changing selection of three crème brulées, sorbet ($4), and a cheese plate ($15). We try both the gateau and the traditional vanilla crème brulée. The gateau meets Adam’s stringent criteria of “is it chocolate?” but the accompanying coconut ice cream does not impress. The vanilla crème brulée is good, although served in too stout a dish to have a proper ratio of crisp, carmalized sugar (the reason to eat crème brulée, of course) to rich vanilla custard. We also order glasses of port (Taylor Fladgate Late Bottled Vintage, $5 a glass). Our evening should have finished here, but after 11 one gets treated to a faux-hippie guitar show (sample lyric: “Water flows/ Water froze/ Water falls/ Where the King Crab crawls/ I was born on a Dead-End Street) – which may make or break your romantic evening.
Ginger! Baby! Sporty! Scary! Posh! Spice Girls in Toronto!
27
BY SHARON SILBERT (2L)
Last June, after six long, bland years apart, the Spice Girls announced that they would be reuniting for a world tour to say goodbye the proper way. The tour kicked off in Vancouver on December 2nd, and finally reached Toronto on February 3rd, when I was lucky enough to witness the spectacle firsthand.
The Show in a Nutshell…
Spice Up Your Life - The show began with a video of five little girls playing together, followed by video clips of each of the Girls on five huge screens. Platforms holding Emma, Geri, Victoria, Mel B, and Mel C rose from the stage in front of each screen, and they got the screaming crowd dancing with this massive hit. Stop - 20,000 fans knew the choreography and danced in perfect unison. Fabulous! Say You’ll Be There - Posh’s gold leggings and corset were too tight for her to dance properly, so she did a lot of posing and waving. Worth going just to see this! Headlines (Friendship Never Ends) The only new Spice Girls song since they reunited. A power ballad. Delightful. Lady Is a Vamp - Cute burlesque number. Top hats and tuxedo jackets involved. Too Much - Burlesque theme continued with girls stripping off their tuxedo jackets and dancing in and out of dressing rooms with heart-shaped doors. Finished with all five in a line slapping each other’s bums. Seriously cheeky. 2 Become 1 - Giant feathery white wings open to reveal each girl as she sings. They all dance on pink and white candy-cane striped stripper poles. PG13! Who Do You Think You Are - Iconic Spice Girls outfits reappear! Scary Spice in a leopard print catsuit, Ginger Spice in a modern version of her Union Jack mini-dress, Baby Spice in a short pink trenchcoat, Sporty Spice in a purple cropped tracksuit, and Posh Spice in her faithful little black dress. Posh Spice Strut Medley - For her solo performance, Victoria plays to her strengths by choosing to strut down a catwalk to a mashup of Madonna, Michael Jackson and Ru Paul instead
of singing. It’s not just a concert – it’s a show! Are You Gonna Go My Way - Mel B gives a male volunteer a treat with this sexy Lenny Kravitz cover, strapping him to a ladder before swinging a whip around her head and climbing all over him. Maybe - Emma’s solo tune, which had an Austin Powers feel to it. Cute black and white graphic mini-dress. Viva Forever - Definitely the highlight of the show. A flamenco version of their mega-hit, complete with dancers dressed like matadors, red capes, fans and flames. RED HOT! Holler - Geri disappeared for this song, since it was released by the remaining girls after she quit the band. Black leather outfits, walking male dancers on all fours with sparkly silver dog leashes. Dangerous Spice! Kinky Spice! It’s Raining Men - Dancing with an umbrella, male dancers ripping their shirts off… Crowd pleaser. I Turn To You - Mel C showed off her pipes – that’s why they call her Talented Spice! Let Love Lead the Way - Another great power ballad. White and silver outfits. More sparkle! Mama - Photos of the girls growing up, their mothers, and their kids. Ended with a group hug and a call for everyone in the crowd to hug their neighbour too. Cheesy, but heartwarming. Celebration (Disco Medley) - Filler tunes. Could have done without them. Goodbye - Awwww… so sad. Pretty sure at least Mel C wasn’t lipsynching here… Not sure about the rest of them, but, hey, whatever!
---ENCORE---
If U Can’t Dance - Girls rose up from the floor in silk boxing robes. Some impressive moves from the backup dancers. Wannabe - Everyone came to hear this song. Mel C brought the energy, jumping around the stage. Classic Spice! Spice Up Your Life (Reprise) - Awesome remix. Glitter confetti is released over the crowd. Perfect ending.
The Girls will be back in Toronto on February 25th and 26th for the final 2 shows of the tour, and probably of all time. If you have any sense at all, buy tickets now. GIRL POWER!
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DIVERSIONS
Book review: judging a book by its cover
Common wisdom states that you should never judge a book by its cover. Well, following rules just ain’t my style. See— I used “ain’t”. “Ain’t” isn’t even a word. I present to you a set of book reviews, based solely on the book covers. I assure you that I have never read the following books, or at least if I read them, they are far above my comprehension level. Allow me to demonstrate, who knew a sous-chef wasn’t a hooker?
Kurt Vonnegut, Breakfast of Champions /
Every one of Vonnegut’s book covers look exactly the same—a huge “V” and a series of stripes on which the author’s name and title sit. A small, humble picture, which presumably relates to the content of the book, is relegated to a tiny square at the top of the cover. Several conclusions are easily drawn from these motifs. First of all, Kurt Vonnegut is a fascist. What do the stripes running across the center of the cover remind you of ? That’s right—a barcode. Barcodes imply tracking devices, a total loss of privacy, and the systematic control and monitoring of the sheep people. Secondly, Kurt Vonnegut was an egotist. The “V” on each of his covers scream “V for Vonnegut!” You see, the individual works of Mr. Vonnegut are not important—it is HIS authorship that we should all bow down and worship. Finally, to comment specifically about “Breakfast of Champions,” the title
alone confirms this reviewer’s opinion of Vonnegut’s views. “Breakfast of Champions” undoubtedly implies that there are “Champions.” And hence, that everyone is not equal. Fascist propaganda much? Looking to the small graphic at the top of the cover, it’s pretty clear that the Masonic symbol with an added teardrop on the hypnotic background sums up what this novel is all about. Vonnegut’s work is a vision of a dystopia where the Masons fail in their plot to hypnotize and control the entire planet.
BY LANCE PATON (3L)
This book is not suitable for any but the most troubled individuals.
L. Ron Hubbard, Dianetics /
Now here’s a book that I would voluntarily recommend to everyone I know. Look at that cover! Explosions! CAPITAL LETTERS! Bold font! There is nothing understated about this book. Just glancing at this book, you instantly know that this MUST be the most dynamic, important, and daring book ever written. I have no clue what Dianetics means—according to some dictionaries, it isn’t even a word—but I certainly don’t see that as a detriment to the obvious quality of this book. This mighty
tome is subtitled “The Modern Science of Mental Health,” so I am slightly confused whether this book belongs in the fiction or non-fiction category. Who cares? Aren’t categories really just a barrier to exploring new ideas? Even if this book is a nonfiction examination of mental health issues, that examination must include volcanoes! And searing hot lava! If you have any doubt about whether or not you should peruse this book, consider this: which do you think would have a greater impact on your life—a volcano or a bowl of chicken soup? Since “Dianetics” somehow relates to mental health, I assume that psychiatrists would want to pick this one up immediately. Check your local bookstore for Hubbard’s masterpiece, which is in no way glib.
Dr. Seuss, Green Eggs and Ham /
“Green Eggs and Ham” clearly bears the strangest book cover of those being reviewed. While the strong contrast and bright orange colour may attract some readership, I do not believe this book should attract many readers. The composition of the typeface is sloppy—several letters are askew and the title does not have any discernable alignment.
The illustration looks positively childish and yet the figure dons a phallic-shaped hat and prominently displays ass cleavage. Most of all, I cannot lend this book my full endorsement due to the conflicting messages that it sends to its readers. First, “Green Eggs and Ham” supports a strong anti-vegan/anti-vegetarian sentiment. It does not seem to matter to Dr. Seuss that the eggs and ham are green—all that counts is that they are food. And as such, they should be consumed. Yet look at the plate. Are there any vegetables? Anything resembling a complete meal? Certainly not. However, at the same time, Dr. Seuss uses this figure of an anthropomorphized creature (a dog-man, if you will) and places it on the same level as the readers. Seuss thus indicates his vote for more extensive animal rights. Which is it, Dr. Seuss? Are you for animals? Or are they merely products for you to devour? Finally, if you were this dog-man, would you trust that meal? Food on the floor? I smell a trap. Perhaps the titular green eggs and ham are simply exotic bait for poachers waiting to ambush and catch the dog-man so that they can exhibit him in some kind of freak show! Don’t eat it, dog-man! Dammit Seuss, more animal exploitation?! Does your cruelty know no bounds? Seuss’ book is decidedly confused. Hell, even the dog-man looks perplexed. Though you may be tempted by the kookiness of the cover, do not read this book.
ULTRA VIRES
Letter - from p. 14
... That’s chutzpa. Why does it persist? Is it the fear of making a bad impression, on the client, a judge, or IRS agent. Are they really going to think that you, the lawyer, couldn't possibly make a good argument because your footnotes aren't appropriately formatted? There is no value added in properly footnoting. Probably yes, because footnoting is like any other kind of etiquette. A way to be able to distinguish the wheat from the chaff. The fact that there is a “proper” way to hold a fork, write thank you letters, open doors and stand up for women when they stand or sit is a way in which people (and employers) differentiate between people who are virtuous, like themselves, and people who are the other, and not. The establishment sets the etiquette, the establishment sets the footnoting protocol. Both are ways to keep newcomers out. And so, law will continue to be practiced in an unproductive and uncreative way, properly footnoting, shuffling paper, writing meaningless opinion letters so we don’t get sued. Proper footnoting and its continuing importance is a product and sign of our complacency. It is symptomatic of our having been conditioned into an unthinking mass that does nothing more than keep the legal monopoly strong at the cost of our clients, our creativity, ingenuity, and intelligence. In closing, wtf is up with [sic]? Look everyone!!! I found a booboo I found a booboo. Na Na Nanana. Judge Bleepdebleep can’t spell. I can. Good for you.
FEBRUARY 12, 2008
Anonymous Rantress
I’m sure Mr. Anonymous Ranter has spent the month between the last issue and now sulking because his spotlight has been stolen. Poor thing. Let’s not be too hard on him. He’s a delicate little creature who whimpers at the possibility that his competition wrote a rant that was funnier and wittier than ten of his previous rants combined. I kind of feel sorry for him, not like I feel sorry for Professor Morgan who absolutely doesn’t deserve any of the negative attention he gets, but like I feel sorry for Rosie O’Donnell, who says things that everyone is sort of thinking, but in a really trashy and classless way, and who only half deserves to be perceived as a bullying jerk. Therefore, if you see Mr. Anonymous Ranter around school, give him a little smile. However, don’t make your sympathy too obvious – he becomes enraged very easily! I suppose I should get on with my rant. In truth, I find it somewhat awkward to rant. You see, I’m used to being really nice. I simply can’t say bad things about others. I don’t typically complain and am not, by nature, an angry person. However, if I were, it would be quite easy to get worked up over the fact that the school emailed us on Tuesday February 5, demanding that we book 12 hours in advance for photo sessions on…wait…that can’t be right… Wednesday February 6? Huh? Spots go quickly?! All the spots were gone last year?! Whhhaaa…? I’m confused. This email came from the same administration that refused to accept my classmate’s typing of exams form because he submitted it 12 minutes after the 4:00 p.m. deadline? There’s a word on the tip of my tongue right now…hmm…I believe it’s… umm… BULLSHIT! You know what you can take a photo of ? ME GIVING YOU THE MIDDLE FINGER! You recommend that I wear a white shirt? I RECOMMEND THAT YOU TAKE THE CAMERA AND SHOVE IT UP YOUR ASS!
Oops. That wasn’t part of my rant. Please don’t get the wrong impression of me. I really am a nice person. Therefore, before I digress further: I’d like to chitchat about professor crushes. I won’t lie – I’ve had a few. However, it seems that every time I’ve found “the one,” something happens. Let me give you a few examples:
(1) Professor Code:
Deep, sexy voice. Authoritative demeanor. Knows all about strip searches, if you know what I mean. What could ruin this crush? Well, let me say this: Remember those tight, white stockings he wore during last year’s Law Follies? They made him look more like Peter Pan than a fierce and rugged pirate. And you know what they say about Peter Pan…
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(2) Professor Duggan:
Friendly. Fashionable. Funny. Frickin’ sexy accent. I spent the first week of Trusts class drawing hearts with “[my initials] + AD = true luv 4EVA” in my notebook. Then someone informed me of his wife’s identity. Crush. Officially. Over. Any person with a quarter of a brain will not mess with Colleen Flood. In fact, just the thought of Colleen Flood compels me to stop typing about Professor Duggan for fear that she will do to me what she did to that poor tech guy during Bridge Week…
(3) Professor Alarie: Tall and bald.
Mmm…deliciously bald. However, he’s on Facebook. Sorry, but a professor on Facebook is about as cool as your mother or grandmother on Facebook. Certain things do not mix: Facebook and, well, real life are two of those things. Deactivate your account, Benny, then we’ll talk.
(4) Professor Phillips: Athletic. Muscle-ly.
Yellow spandex clings to all the right parts. How could this crush go wrong? Well, for starters, even if he does have a buff bod, I can hardly see it through the swarm of breathy first-year girls who surround him after Property class. “Tell us more about derogation from the grant, Professor Phillips!” *Hee hee!* “You know soooo much about easements!” *Giggle, giggle!* Oh come on, ladies. Let’s not be too eager. Is it really necessary to stand that close to him? Do you really need to play with your hair like that when you ask him about residential tenancies? Does your skirt really need to be so short? I guess what I’m trying to say is STEP THE FUCK BACK, AMATEURS. DO YOU THINK YOU CAN SAUNTER IN HERE AND LOVE PROFESSOR PHILLIPS THE WAY I LOVE HIM? I WOULD RATHER CLEAN THE PUTRID BATHROOM FLOORS OF THIS SCHOOL WITH MY TONGUE THAN LET YOU PUT YOUR FILTHY, DISGUSTING PAWS ON HIM! STAY AWAY, OR I’LL ADVERSELY POSSESS YOUR FACE WITH MY FIST!
*Sigh* I guess I’ll stick with crushing on Professor Morgan... How can I go wrong with his…erm…Fabio-esque hair… And…umm…titillating classroom moves? Yeah… It’s really exciting to crush on him… *Double sigh* By the way, I really am a nice and positive person. Really…don’t you think? Please, someone…anyone…tell me I’m a pleasant person… Mr. Anonymous Ranter…? Brian Radnoff…? Dean Moran…? Anyone…? *Triple Sigh* Love, The Anonymous Rantress
The Original Anonymous Ranter
Faithful Readers,
First and foremost, I would like to thank you for voting me as yourfavourite aspect of UV. It is nice to know that many of you share my angerand frustration with the many flaws in our world, and more particularly, school. I would also like to make clear to the new Amynymous Ranter your rants were not voted for. Over the past two glorious years of my supremacy here on the UV staff, surely your one measly article could not be anyone's favourite by now. That, and talking about profs or making law school jokes is only funny to people like that guy who wore the fishnets on stage. Just thought I would make that clear. Anyway, last year around this time, I was ranting about how much I hateValentine's Day, how it is a made up holiday, how I am so, so lonely, etc. Well, all of that still stands today. But, I am not going to discuss that. I wouldn't want to rehash angry humour for the sake of filling up valuablespace on the pages of UV. Instead, I am going to tell you about how much I really can't stand two things. One of which I agree with the other ranter about, the other of which I really don't care what she thinks. What we are in agreement about is the fact that our damn school can't understand what it is to do things in any even remotely orderly fashion. I am pretty sure if we put 100 monkeys in a room, things would get done better. What I am referring to is the fact that for some reason (ummm....maybe Mayo was baking a new batch of muffins and forgot to mention this. Or, maybe the records office was too busy smoking butts for an entire week to actually send out the email on time), the school just doesn't understand what it is to let us know about photos at the time they are supposed to let us know. And they weren't even trying to make it look good either...you all noticed that in the first line of that email, it said "next week...." How beyond stupid are you, U of T? Is it really that difficult for an email which was supposed to get sent out one week ahead, to ACTUALLY be sent out one week ahead? We all manage to send emails, play video games, text message, use Blackberries and generally just FTD in class. You
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have offices...and you still can't use them properly. The next item to talk about today, is "people who like to hear their own voice too much." Now, this has always been a problem here. I mean, let’s face it. The majority of the school are douches who are obsessed with how smart they think they are, and then like to try and prove that in class. I like this for 1 reason: they waste time. More time wasted is more time I don't listen. But I hate it for another reason: it is really fucking terrible to listen to you people. I noticed how bad this was when I started Securities with MacIntosh this semester. First of all, don't take that course. Any of you. [Lavers: you had to take 4 weeks of Securities to figure that one out? Ass.]. Second of all, make sure there are as few MBA's in it as possible. I don't know what happens to those people when they go to Rotman, but they come back really, really hurting. Regardless, the point I am trying to make, and is reminiscent of my first rant in UV, is shut the fuck up. Can't you people sitting in the front row (or middle rows, or off to the side by thedoor) understand that no one cares what you think? I am pretty sure MacIntosh isn't learning anything new by hearing your opinion on Sarbanes Oxley, or the Danier case. More importantly, you probably aren't even right. And even if you were, what difference does that make? You will still waste countless hours memorizing a statute, not sleep for two weeks prior to the exam (which doesn't matter anyway, because you obviously have jobs in New York), and then get a B+ and go to the prof and complain until you get it bumped up. We have all seen you do this before. So stop it. It just doesn't matter anymore, and you are not impressing any of us. Well, that's it for now. There is one more rant left in this year. Please piss me off as much as possible before then, because I need material. Love, The Original Anonymous Ranter
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ULTRA VIRES
Hadiya’s Top Ten
Well, I am now living abroad in rainy Manchester, England. Granted, I shouldn’t complain because there are daffodils growing and birds chirping outside my window. Now that I am away, I have realized that Toronto, as a city, is not half bad, and that there are some actual good things about U of T law that I already miss. Hence, I bring you a top ten of things I miss about U of T/Canadiana. Sniff. I encourage you all to enjoy enumerated items (special thank you to Carol Rogerson and the Charter for teaching me that word, it rocks) on my behalf during my absence.
available, and I really don’t think I can do Aunt Jemima or even worse, “golden syrup.”
3. $20 dancebreak tickets to the National Ballet.: That’s right, for those 29 and under, on the day of a show, you can buy any remaining ticket for only $20. Which means all those ridiculously unaffordable tickets in the orchestra section can be yours on the cheap! How awesome? (Guys, if you want to do something really nice for your significant other, this is huge). 4. DLS. Despite some “issues” last year, I really did love that place. And I had a great group of shiftees, who will sadly carry on their education and take on their very first case without my sage presence and guidance. I will have noone to regale with stories of crazy parents trying to evade child support and tales of the MW. Oh I’m getting teary. 5. The Queen West Streetcar. Some-
1. Canadian music. Yes smartass, I realize that I have access to said music while I am abroad, I can see right into your little Type A, always need to be right brain. What I will miss is seeing these bands on the cheap and often in good ole T.O. I don’t think that the Broken Social Scene will be coming to Manchester any time soon. 2. Maple syrup. I highly doubt that the real stuff, taken painstakingly from maple trees with little taps by French nuns (don’t spoil my fantasy and tell me how its really extracted) is going to be
one needs to bring a video camera onto that thing and make a documentary. That, my friends, is where all the action is. 6. Delicious food: Sushi Island, Utopia, Fresh, Daddy O’s pasta (so good and cheap! Shameless plug), Lick’s veggie burgers... Eating out here is not cheap. If I can get a meal for eight pounds, I’m doing well. (For those not up to snuff on the conversion rate, that’s
about $16). Oddly, groceries are much cheaper. 7. Snow. I hope you get snow. I love that time when you wake up in the morning and there’s a blanket of snow all around, pristine and lovely, before it’s turned into grey slush by the passing cars. I’m in for four months of rain. Wet, wet, rain. Rain, however, is an excuse for new boots. That, I like.
8. The Dance Cave. I’m sorry, It’s just really fun. Free, and fun. What more could you want? 9. Having all of your classes in dedicated law school buildings 50 metres away from each other. Here, my classes are all about and there is no real hub. I’m also in class with 21-year olds, and I feel ancient. 10. All of you. I am sad that I will be missing Law Ball, the last times spent as lackadaisical students, and the madness and collective joy that will be felt when you all hand in your last paper(s) ever at Falconer. (By Jove, I think that I can tell you the names of the two buildings after 2.5 years! Huzzah!). Take care, and I’ll see you at graduation!
Pre-Slushy Goodness - Eat your heart out, Hadiya!
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FEBRUARY 12, 2008
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Ultra News
Only as funny as our weakest link, and, boy, is that link ever hanging by a thread!
U of T Faculty Switches Up Academic Policy
Special Report from the Office of the Provost by UV Correspondent Eric Lavers
Earlier this year the Faculty of Law quietly implemented a new and hugely controversial academic policy aimed at making U of T students more marketable to top full-service and business law firms. Under the new policy, if it is determined that a student has not taken “enough real law courses,” the Faculty essentially retains the right to withhold conferral of the expected JD and to confer a BA instead. But officially upper year course selections remain completely elective. The new policy reportedly was decided upon after a number of high-profile Toronto- and New York-based law firms complained of the generally poor quality of student that U of T has been producing of late. A representative from one prestigious firm noted that their last crop of U of T students was “pretty shit – relatively speaking.” And when asked for comment, a representative from another top law firm reportedly just spit on the floor and walked out of the restaurant, leaving his $75 Porterhouse steak untouched on the table. Assistant Dean of Students, Bonnie Goldberg, explained the change as an attempt by the Faculty to bridge U of T’s traditional emphasis on research and academia with its more recent mandate of complete and total supplication to BigLaw. “Yeah, everybody knows that U of T is all about research and academia, not about practical education,” Goldberg elaborated, “so the Academic Handbook will never ‘officially’ reflect this policy change. But I assure you its real. I take my job very seriously.” So far only one student, Mathew Goldstein (3L), appears to have been seriously affected by the change. When asked for a comment Goldstein, livid, conceded that, “if the policy change is real, yeah, they got me. I’m fucked – ‘proper fucked’ as English lads would say. My transcript reads Theories of Equality, International Human Rights Clinic, Modern Political Trials, Discrimination, Law and Lit., Purposive Interpretation, Legal Mysteries…. But seriously I need a second BA like a eunuch needs a lover.” With that last comment, Goldstein spit on the floor and walked out of the room.
Faculty Considers New Course Exclusively for Third-Year Students
Special Report from the Office of the Provost by UV Correspondent Mathew Goldstein
After outstanding support shown by upper-year students, the Faculty of Law has finally committed to adding a new permanent course to the U of T curriculum. The course will be offered in second term and will be open exclusively to graduating third-year law students and fourth-year JD/MBA douchebags. Various names for the new course were put forth at the proposal stage including, “Law School is So Over,” “I Hate Law School,” and “Fuck It! Let’s Just Go To The Duke.” All these suggestions, however, were rejected by the Faculty, which ultimately settled instead on the blatantly euphemistic “Reflections on Law School.” According to a draft course description included with the official proposal and obtained by UV, the new course aims to “engage students on a reflexive level, probing beyond the practice and science of law, in order to discover intrinsic truths about knowledge and the human spirit.” Evaluation for the new course is tentatively set as a two-page Pass/Fail essay, which can either be typed or handwritten. The new course is also currently slated to run every Thursday from 10-2 (that’s p.m. to a.m.) and its location is TBA, which provides the requisite flexibility to switch from pub to pub based upon student input. Also there is no one professor exclusively assigned to teach the course. Instead, all professors are simply invited to guest lecture (read as: “get drunk as fuck with students”). That especially means you, Messrs. Code, Duff, Phillips, et al. The visionary behind the new course, Eric Lavers (3L), sees the new course as his legacy to future law students. Though he will have already graduated by the time the new course is implemented, Lavers remains adamant that his relentless effort in winning over the Faculty to his vision was well worth it in the end. “It’s simple, really,” Lavers said, “Law school is shit. I know it, you know it, the whole damn world knows it – and this law school especially. So this course represents a chance for upper-years to make peace with their decision to attend law school. Or just drink beer for credit. Either way.” According to Merril Boden, the Faculty of Law initially resisted the idea of the new course because “academically it just didn’t seem to measure up to the extremely high quality of education that UofT has come to be known for.” Continued Boden, “I mean, this course looks like a free ride and we’re just not in the business of selling law degrees here.” The critical moment in Lavers’ tireless crusade appears to have come in a Faculty Council meeting when he reminded Boden that “getting a ‘B’ in a
regular course only takes about a half day’s work anyway. And getting a ‘B+’ – three days, tops.” In response, Boden just chuckled quietly to herself. Three days later the new course received official approval from the Faculty.
Controversy Erupts Over Liberal Use of Telephone
The always cheerful employees of the Grounds of Appeal turned grumpy last week when they arrived at work only to discover that their phone had been disconnected. The tough call to disconnect it was made by Dean Moran after she discovered just how much the phone was costing the law school. Said Moran, “I knew that phone was getting a lot of action, but to be honest I never thought too much of it until I saw the actual figure. We’ve got piles of money here and I squander my fair share of it. But even I have limits.” According to a source close to the Dean who preferred to remain anony-
Hands-free headsets: the next stage in barista evolution
mous, the monthly bill for the phone in the Grounds was “about two to three times what the Dean spends annually on her networking trips.” Reportedly the Dean at first brushed the figure aside and really only became agitated upon realizing that she was being out-squandered by two coffee baristas. It was at that moment, continued the source, that the Dean issued the command to “shut ‘em down.” Meanwhile many students around the law school became outraged once news of the Dean’s decision got around. One student described her decision as “gutless – just pure hypocrisy.” Another added that if he had to deal with insolent law students all day long, he’d “probably do far worse than make a few phone calls.” Countless other students also vowed to show their support by boycotting the next Muffin Madness. All week tension between the Dean and students over this issue continued to percolate. At the time of press, it was threatening to boil over.
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