Ultra Vires Vol 9 Issue 6: 2008 March

ULTRA

VIRES

THE STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW

VOLUME 9, ISSUE 6

UV INDEX • DEAN INTERVIEW.....P.4

• INTRAMURAL RESULTS.....P.6

• STUDENT REFLECTIONS.....P.10 • LAW BALL PICS.....P.18

• FEMINISM RESPONSES.....P.23 • ODE TO BRAMPTON.....P.24

• DIVE BARS.....P.29

• ULTRA NEWS.....P. 35

MARCH 18, 2008

WWW.ULTRAVIRES.CA

Belles of the Ball

Law School announces winner of building design

The law school community has spoken. In an overwhelming majority, the public has chosen Hariri Pontarini’s architectural design for a new law school building.

“That building was by far the winner,” Dean Mayo Moran said at this month’s Faculty Council Meeting. “It was an easy decision.”

The design, colloquially called “the curve” by the law school community, earned 70% of voter support, beating out designs submitted by Kuwabara Payne McKenna Blumberg Architects of Toronto and Saucier + Perrotte Architects of Montreal.

Love law?

BY DANIELLE STONE (2L)

“We like the term ‘quiet excellence’ [to describe the design],” Siamak Hariri, partner at Hariri Poranti, told Ultra Vires.

“It’s an architecture which does not need to scream out at you but has the quiet confidence to be engaging yet restrained.”

This “quiet excellence” is one reason the Hariri Pontarini design was so appealing to the community. The building committee was looking for designs that would enhance, not overpower, the Faculty's heritage buildings and its location along Philosopher's Walk.

The design’s central feature is a “law forum” that will be a social connector

and the “heart of the Faculty of Law.” This forum will link the historical portion of the law school with the new additions.

In addition to the mandatory moot courtroom, lecture halls and library, the design also features additional designs to make the law school experience more enjoyable. There’s a skylight and bridge in the forum, a roof garden, a sun-soaked library, additional washrooms, a prayer room and more space for school societies, a social space, and a conference kitchen.

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

Financial Aid, new building design, intramurals, and more...

NEWS

Financial Aid Committee recommends changes to tuition-free bursaries

It has been a powerful recruitment tool for UofT Law for years. Every year, 40 law school students roaming the halls of Flavelle receive a tuition-free legal education. There are 40 this year. There were 40 last year. And there were 40 others the year before that. 40 students with the greatest financial need attend school free

“UNDER THE NEW SYSTEM,

EVERY STUDENT WHOSE UNMET NEED EXCEEDS TUITION WILL RECEIVE A FULL TUITION BURSARY.”

of charge.

What may come as a surprise is that if you’re a student with financial need, one of those tuition-free students may have had almost the same financial portfolio as you. Yet they received a tuition-free bursary and you did not.

That’s one reason why the Financial Aid Committee is recommending changes to the way the law school awards these bursaries.

Assistant Dean Bonnie Goldberg pre-

BY DANIELLE STONE (2L)

sented an interim report of the Financial Aid Committee at the Faculty Council Meeting this month. The committee is recommending the elimination of the 40 tuition-free bursaries awarded to students every year in favour of a “more equitable” system.

“We have to address the student needs that financial aid identifies, no matter what that is,” Assistant Dean Bonnie Goldberg told Faculty Council.

The law school started awarding tuition-free bursaries seven years ago.

That’s when then-Dean Ron Daniels decided to ensure accessibility of the law school to all students during a period of climbing tuition rates.

“The law school made the commitment that no matter where tuition eventually ended up, it would offer full tuition bursaries to the same number of students,” says Assistant Dean Bonnie Goldberg.

That number was set at 40, for no apparent reason.

But the commitment to award 40 tuition-free bursaries has had its problems.

“Despite being conceived with the best intentions, unexpected and un-

forseen inequities have resulted from this commitment,” the Financial Aid Committee’s interim report says.

One of these unforseen results is that students with similar needs receive different levels of financial assistance. Another result is that the finanicial aid

UofT Law: now with more students who can afford a latte.

office overcompensates some students to meet the requirement of 40 tuitionfree bursaries each year.

“Basically, this system results in some of the 40 students receiving more aid than they have need for, and it creates inequities between the 40 students and the rest of the students receiving financial aid,” Akash Khokar (2L), Financial Aid

Committee member, says.

Right now, while 40 students qualify for a full tuition bursary, everyone else who qualifies for aid receives 50 per cent of their aid in the form of a bursary and 50 per cent in the form of interest-free loans.

This is why Dean Moran asked the Financial Aid Committee to examine the program. She asked the committee to review the possibilities of eliminating the tuition-free practice altogether, maintaining the status quo, or altering it in “an equitable and principled way.”

After hours of consultation, toiling over mathematical formulas and crunching numbers, the Financial Aid Committee has come up with a new system to award bursaries based on actual demand.

The system would eliminate the mandatory 40 tuition-free bursaries in exchange for a flexible system that awards bursaries on yearly need.

“It’s a needs-based tuition policy,” Professor David Duff, committee member, says of the recommended system.

“People will be paying their tuition based on their need” not on the number of...

CONTINUED on page 7

Interview with the Dean... Almost as cool as Interview with a Vampire

UV sat down with Dean Moran as she completes her year as Dean. We discussed next year’s tuition, and the issue of student debt.

Where is tuition going?

We’re just doing what we did last year.

It’s the regulated fee schedule. Eight percent for first year and four percent for the other two years.

In your incoming interview with UV you mentioned something to the effect of being moderate on tuition. Is going with maximum percentage increases in keeping with your earlier pledge? If so, how?

When asked at the beginning of my deanship (during the tuition freeze) what it meant to be moderate on tuition increases, I said it meant somewhere below the double digits but above the rate of academic inflation (which is typically between 4-5%). As you know the provincial framework that was later adopted stipulated 8% in the first year and 4% in second and third years. This is just over 5% over the three years, very slightly

BY ROBERT WAKULAT (3L)

above academic inflation. But as you probably also know, our actual revenue from tuition is less than this because I was committed to maintaining the reinvestment in financial aid despite the fact that the regulations did not require it.

Will there be any rebates this year?

No. We removed that last year. We brought that in before because the government made its announcement very, very late and we were concerned there could be an impact given that the highest increase was in the first year and given the lateness of the announcement. But the financial aid committee decided the best thing to do was to go straightforwardly on the basis of need for this year.

[Dean Moran then discussed the Duff/Alarie Model for tuition-free bursaries. UV reports on these changes in the article above.]

The issue of debt load affecting career decisions was raised in the UV survey and the Globe and seems to

affect women more so than men.

What do you think about this issue?

I think that perception is important and we need to try and do everything we can to ensure we’re implementing our financial aid and tuition policy so that it doesn’t skew students’ career choices.

We’re always looking for ways to do things, like improve our back-end debt relief, to avoid that.

When you actually look at the data on career choices, they haven’t changed regardless of tuition increases. If you look at anything, over a long period of time, we have seen basically the same numbers of students going to big firms, small firms, and public interest regardless of tuition increases (although I’d want to check the most recent figures).

Interestingly enough, a lot of people apply for public interest jobs, want to take them, but the challenge is that there are hardly any of them. I hear very few people saying, “I don't make enough money.” People tell me they apply in droves for those jobs and there are hardly any. One of the things we’ve

pushed with the Law Foundation and Pro Bono is to create more opportunities to do that public interest work because people really want to do it.

What would you tell the student who is on the margin and is thinking about pursuing a public interest job versus needing to pay off debt by grabbing a big firm job?

I always tell people the same thing: you should do what you love. One of my aims as Dean is to make sure we have a back-end debt relief program to help that student so that debt is not a factor.

We have more and more people using back-end debt relief, which is great and the discussions that I’ve had reached no consensus on this. If we put less money into bursaries at the front-end, we’d have a lot more money for debt relief at the back end. Would it make more sense to do that?

Some students come in, maybe from families that are not affluent, but they go to NY and make $160,000 right after CONTINUED ON PAGE 5

MARCH 18, 2008

NEWS

LSUC considers axing articling program

The Law Society of Upper Canada has recently released an interim report by its Licensing and Accreditation Task Force.

The Force is suggesting everything from maintaining the status quo to eliminating articling altogether.

Established in 2007, the Force undertook a review of the competency requirements for call to the Ontario Bar, and an analysis of the impact of increasing numbers of applications for admission to that Bar. In addition to providing background information on the issues and a description of the current licensing program, the Task Force has made recommendations regarding the Skills and Professional Responsibility Program and the articling program.

First, the Task Force recommended discontinuing the Skills and Professional Responsibility Program of the licensing process. This four-week course that candidates must currently attend prior to beginning their articling placement. After reviewing the goals of the program and the feedback from participants in the 2006 and 2007 offerings of the course, the report concludes that the program is not meeting its goals and that law school training is meeting the need for most or all of the required training in this area.

Although one of the main goals of the program was having practising lawyers teach the course, this has been unachievable in recent years, and is a major failure of the program. Additionally, the response from recent participants in the course has been fairly negative. Many students found the course was too brief to be worthwhile and that much of the material was available in the law school curriculum. Further, there were complaints about the utility of the Program and about the emphasis on litigation activities.

The Task Force also reviewed the 10month Articling Program in light of potential challenges with increasing the number of entrants to the Program.

Noting that it is likely that the number of applicants to the Program is and will continue to grow at a rate that outstrips the growth rate of available articling positions, the Task Force set out three potential options to address the issues.

Dean Interview - from page 4

graduating. Maybe debt relief makes more sense because it’s income contingent after graduation. I’ve had those discussions with the financial aid committee, with SLS and I think we just view that as something that we’re keeping our eye on going forward. Also, as I’ve said, I’m working to increase the pool of money so that helps.

You’ve been dean for 2.5 years. What do you think has been a strong success for you and what are areas you

BY EMILY KETTEL (3L) AND JOSHUA CHUD (3L)

The first option is to retain the Articling Program as it currently exists. The Report emphasizes that while the Law Society has never made any guarantees regarding articling employment, the regulatory bodies both in Scotland and in England and Wales use strong wording in their materials to inform potential candidates about the risks involved. The Report notes that the situation in Canada is substantially different than in the UK. Since a Canadian law degree is nearly always a second degree, there is usually a higher level of commitment of time and money by Canadian law students and thus greater potential downside to those unable to enter the profession. Further, the Task Force was uncomfortable with the possibility that retaining the status quo in the face of increasing applicant numbers would give rise to increasing numbers of unplaced candidates. The Report does suggest that this option might be useful in order to provide time with which to undertake a more thorough reform of the articling process.

The second option is to establish an alternative to the existing Articling Program for those candidates who cannot or perhaps, do not want to find traditional articles. The suggestion is to implement a practical legal training course (PLTC), similar to that which exists in Australia.

There, one version of the course consists of 31 weeks of classroom training, including a three-week professional placement. The course is also offered on-line, with a small amount of required classroom time.

While most students enter the PLTC as a second choice to articling, the Report indicates that the availability of an alternative to traditional articles has changed the demographics of students entering the profession. In particular, there has been an influx of mature students, many of whom are not put off by the requirement to pay for the PLTC rather than earn an articling salary and who value the flexibility of the PLTC program. While the primary motivation behind the option would be to increase access to the profession for those unable to find articles, the Task Force noted that the availability of a PLTC option would

can improve in?

Trying to create a place where people feel good, and that it’s a welcoming, responsive intellectual institution is important to me. I think I’ve made a few strides along that path. I think the building, having a physical home for those activities, where people like being, is a huge project that is very important. We’re also doing great appointments. I feel good about the people who are coming on board. For example, we’ve hired Yasmine Daywood, who’s great. I’ve also hugely enjoyed working with students.

Teaching a first year section is a fantastic

potentially appeal to candidates whose personal and family situations were not conducive to traditional articling, to candidates who want to remain in areas of the province in which there are few opportunities to article, and to candidates who intend to pursue sole or small firm practice and who might benefit more from a training course with a strong practice management component than from articles in a large firm setting. However, the Report notes that introducing a PLTC option could potentially result in a “second-class status” for those that enter the profession via that route. Further, there are significant logistical issues involved, primarily that there would need to be a third-party provider of the course.

The final option considered is the wholesale abolition of the articling requirement, as in the US. While such a step would result in a drastic change, the Report notes that it would completely eliminate any present and future difficulties regarding the number of students entering the profession as well as alleviate many of the concerns regarding the equity of access to the profession. It would also significantly reduce the amount of time required for call to the Bar. However, the Report notes that there would be significant negative effects of such a change.

First, there could be a significant impact on the competence of new lawyers, both real and as perceived by the public.

This would be exacerbated by the potential for large law firms, who are currently the primary employers of articling students, to reduce the number of entrylevel spaces, resulting in a large number of students entering the profession with very little non-academic training. This would have an exaggerated effect on NCA entrants, who would have little or no Canadian experience before being admitted to the bar. Second, such an approach, if taken independently of the regulatory bodies in the other provinces, could have national effects. It would likely result in a large influx of students to Ontario, where the time to call would be shorter, as well as potential negative effects on the mobility of Ontario-called experience.

What would I like to improve? We’ve talked a lot about pedagogy. I’d like to see headway on that. I’d like to find ways to respond to the issues that students raise about things like the level of engagement in some of the classes. Some of that will be done in the curriculum setting.

Any parting words for third-years?

At convocation I always feel really sad, especially this year. This year was the class I was teaching when I took over as Dean so I feel like I have a real connec-

35

lawyers.

What does this mean for current law students and would-be lawyers in Ontario?

For 2008 graduates, not much. The Professional Skills and Responsibility Course will run in June/July as scheduled (and candidates have been informed this week in which session they partake). According to CDO statistics, about 90 per cent of the class had secured either articles or other placements by September, 2007, with about 15 per cent of the class headed to the U.S., and the CDO expects that a further 5 per cent of graduates will be placed in articles by the end of the term in April. As for future graduates, it’s unclear whether articling will continue to look as it currently does.

The CDO is in favour of an articling requirement of some sort, and is planning a response to the Report, along with the Dean’s office.

“As career development professionals, we place a strong value on articling as the foundation for building a career in law or as a first career experience that enables students to develop skills that will help them in whatever they choose to do in their careers,” said Lianne Krakauer, Assistant Dean, CDO. “The practical training and experience of working under the supervision of a legal professional before taking on the full responsibility of becoming a licensed professional is invaluable,“ said Lianne Krakauer, Assistant Dean, CDO. “It also provides a cushion for graduates who would otherwise be on their own in the job market seeking out associate positions without the cushion of an apprenticeship type of year. (This happens in the U.S. and some of our counterparts at U.S. schools are quite envious of our system!). While the current system has its challenges - the main one is the inadequate supply of articling positions for all law graduates - in our view the articling year is a very important stage of professional development that should not be abolished for a number of reasons.”

The Task Force intends to consult the profession on the options in order to come to some final recommendations.

tion with this group of students. I always feel this combination of joy that you’re all grown-up and going out in the world and sadness because it’s been a really great group of people to work with.

Go out there and make us proud!

Come back and enjoy the beautiful new facilities. Actually, one of our grads asked me if I would consider having a demolition party for the Moot Court Room as a fundraiser! I think all of you guys have a wonderful road ahead of you. I’ll follow your paths with interest.

4

NEWS

First-year curriculum review in progress

ULTRA VIRES

BY KEVIN DORGAN (1L)

A brand new building may not be the Choudhry. “The comparative data only change at the Faculty three years we’ve compiled is really a public good from now. By that time there may also that will be useful to all law schools. be some significant changes to the first- Everyone’s engaged in the same process year program, says Associate Dean Sujit [of curriculum review].”

Choudhry (First Year Program), Chair That comparative review is now on of the Curricuthe library’s website and is lum Commitmeant to function as a tee. touchstone for the internal “IT’S GOOD PRACTICE TO Choudhry consultation process at the REVIEW YOUR PROGRAM and the ComFaculty over the next two to EVERY FEW YEARS ... mittee have laid three years.

WE WANT TO SEE HOW the groundConsultation with stuwork for an dents officially begins later WE’RE DOING AND WE unprecedented this month through focus WANT TO MAKE SURE WE co n sultation groups held by the ComHAVE A PROGRAM THAT FITS process in mittee in partnership with WITH OUR GOALS AND terms of exthe SLS. Some of the topIDENTITY.” tensiveness reics students will comment garding the upon include whether Legal first-year curriculum.

Process should be an upper-year course, From the University of Melbourne to as it is at most peer schools. Students McGill, Choudhry contacted 15 law will also discuss whether legal research schools across Canada, the U.S. and Aus- and writing is effectively taught in small tralia to get feedback on what their first- group or whether a separate course year programs looks like in order to put would be more worthwhile. As well, stuToronto’s first-year program in compar- dents will evaluate the stark differences ative perspective. between the first-year programs at Cana“The peer schools we’ve been in dian and U.S. law schools with a view to touch with have been incredibly gener- the Faculty’s curriculum reform. While ous in sharing information,” says Canadian law schools tend to require

first-years to take mandatory, full-year gram and have a benchmark for comcourses, U.S. law schools often shift parison. They have the benefit of hindmandatory courses to later years and fol- sight and it is critical that they low a semestered program, allowing participate.” first-years to take more electives.

In 2000, Faculty Council adopted a The Committee will use student and comprehensive review of the first-year faculty feedback to program conducted construct three reby the Roach Comformed first-year mittee, and since then program models to there have been sevput forward to the eral Faculty commitlaw school commutees that have nity in the fall. By recommended disusing three concrete first-year curcrete proposals, the riculum reforms.

Committee hopes However, there has to both spark debate Here’s looking at you, Bridge Weeks. never been a compreand provide context for a more prag- hensive, multi-year review of the firstmatic discussion about the relative mer- year program with consultation at every its and demerits of reforms. stage, and interim reports.

Choudry says the consultation process “It’s good practice to review your prois meant to be a slow one in order to get gram every few years”, says Choudhry. adequate feedback from all corners.

“We want to see how we’re doing and “We want everyone to participate in we want to make sure we have a prothe discussion,” Choudry says. “It’s im- gram that fits with our goals and idenportant that we get it right.” tity.”

Beyond staff and first-year students, The Committee expects to place a Choudhry emphasizes that upper-year draft report and final report to a Faculty students should also take part in the Council vote in 2009, and to put the consultation process. changes into effect in the Fall of 2010.

“Upper-years have completed the pro-

We’ll teach you how to swim this summer.

Rather than sink.

The Ogilvy Renault Student Program. ogilvyrenault.com/students

MARCH 18, 2008

You heard it here first: This is now officially dubbed “The Curve.”

NEWS

5

The proposed Law School Forum

Building - from page 1

The crescent shape of the building also easily places the building in to its surroundings.

“Dean Moran …did start out by stating that she wanted a design that would solve the practical problems of designing a great law school yet ‘lift the spirits’ of those that work and study in it,” Hariri says. “We wanted the design to feel as though it had always been there, and yet make a strong new image for the Law School…This space celebrates community and the power of the exchange of ideas and the making of lifelong relationships which is our point of departure for the making of a great law school. It is after all the community of extraordinary students and faculty that make this one of the best law schools in North America.”

Hariri Pontarini is no stranger to aca-

demic architectural design. It’s responsi- posted a survey on the Internet website ble for the design of Flavelle House here “Survey Monkey” and awaited reat the Faculty of Law and the Depart- sponses. About 149 people responded to ment of Economics at the University of the survey. But Dean Moran also estiToronto. The company is also well- mates talking to “thousands” of people known for about the debuilding the signs.

Schulich “I thought it School of was the most Business at beautiful and York Univerthe most resity. sponsive to The law what we need, school’s buildbut I tried very ing design hard to not say team had very much,” been working Dean Moran since October says. “Almost to solicit feedeveryone liked back from Dean Mayo Moran with Hariri Pontarini partner Siamak the way the listudents, facbrary sat on Hariri. ulty and the Philosopher’s greater legal community on the pro- Walk - not too big, not too dominating. posed designs for a new law school. It A lot of people said it was a very ‘city-

aware’ building. They liked the integration of old and new, the way it links Flavelle House so it doesn’t feel like an afterthought.”

Hariri Pontarini has put an estimated price tag of $46 million on its preliminary design. But that number will likely raise closer to the $60 million mark. This is a general design. The building committee now has to consult with various groups to discuss how to take the drawings towards the law school’s specific needs. The architects then begin more detailed schematic drawings of the plan.

The committee will also actively begin fundraising for the new school. Dean Moran says she has already started to engage law firms in fundraising discussions to “bring in some major cash” and to think about the requirements for a primary sponsor of the building.

“We’re aiming to have a shovel in the ground by summer 2010,” Dean Moran says.

PBSC puts spotlight on “amazing student achievement”

Pro Bono Students Canada (PBSC) is recognizing six UofT students who have made significant contributions to the non-profit community this school year.

Through the Not-for-Profit Corporate Law Project (NPCLP), students Bryana Lee (1L), Stephanie Couzin (2L), Charlene Farrugia (3L), Juliana Han (2L), Rohan Brown (3L), and Sapna Mahboobani (3L) were able to provide much-needed legal assistance to nonprofit and charitable organizations with corporate law matters.

The Not-for-Profit Corporate Law Project is a relatively new PBSC initiative created to enable law students to develop their legal skills while providing important legal services to the community.

Students in NPCLP are matched with not-for-profit organizations and charities, assisting them with matters such as incorporation, organization and corporate maintenance, drafting contracts and agreements, duties of directors and officers, and charitable registration with the Canada Revenue Agency.

Throughout the past few months,

BY ALEXANDRA PETERSON (3L)

Bryana Lee and Stephanie Couzin have been assisting a not-for-profit organization with incorporation, director and officer liability insurance, other forms of insurance, and other legal matters, in preparation for a charity event that the organization will be running in the spring.

Bryana and Stephanie say the project has expanded their knowledge of legal matters concerning not-forprofit organizations, particularly for Bryana, who is a first year student and therefore has learned everything she knows so far about business law from this project alone. They both look forward to further assisting their organization throughout the rest of the term.

Charlene Farrugia and Juliana Han say their experience with NPCLP has been both educational and rewarding. They assisted a non-profit organization with

amendments to their by-laws which allowed them to contribute meaningfully as students, while at the same time, having the opportunity to learn how to bridge corporate-related law and pro bono work. In addition, the position has given them the privilege of working with knowledgeable practitioners and committed students.

Charlene and Juliana say they have seen firsthand the positive impact that pro bono services can have on the community and their experience has inspired them to continue to incorporate pro bono work into their careers both as students and as professionals.

Rohan Brown and Sapna Mahboobani have been working with an organization that acts broadly in the interests of immigrant women. Their initial objective was to assist the organization with their

application for charitable status. The organization applied for charitable status in 2001, and had their application rejected. Rohan and Sapna are now in the process of amending virtually all of the organization’s documentation, which they determined was necessary to bolster the likelihood of success in the organization’s upcoming reapplication for charitable status.

Rohan and Sapna say the experience has shown them how essential legal information is to any organization, and that having legal assistance from the beginning of a project can ensure future success for an organization.

Kenneth Li, UofT’s PBSC Coordinator, says that these students have spent a tremendous amount of time on these projects and their dedication to the pro bono spirit is highly laudable. PBSC looks forward to the continued success of NPCLP, and encourages everyone at the law school to do their part, however great or small, to make your their contributions towards the public interest.

6

SPORTS

ULTRA VIRES

UofT Intramurals teams score big – at least they think so

Not only have they been improving cardio by racing to early morning classes, gaining musclemass by carrying those heavy law school books, and learning to sink or swim in exams, but the members of this year’s intramural teams have been taking their game outside of the law school as well.

Intramural team captains offer their observations on the 2007/2008 season:

Men’s Division One Basketball

BY: THE CAPTAINS OF THE INTRAMURAL TEAMS

tion the dedication, support, and passion of devoted coach, Arnold "Crazy Legs" Weinrib.

The boys will square off later this moth in the annual Bay Street Hoops Tournament, and look forward to a possible championship where it counts - at home.

Women’s Basketball

Led by Susan Newell (2L), the women’s basketball team has had a phenomenal season, and it isn’t over yet! After a strong regular season, the team defeated UTM in the semifinals 53 - 19. Sarah Young (2L) dominated the key and Shannon Beddoe (1L) was extremely valuable with several incredible fast breaks. The law team had great s u p p o r t throughout the season to make it to the playoffs from Samantha The women’s soccer team - top row: Amanda Haugan (2L), Katie Clements (3L), Sally Kwon (3L), Anna Rosenbluth (3L), bottom row: Wu (1L) and Kara Tobi Aribido (1L), Maria Zeldis (2L), Jennifer Murdoch (1L), and Hardin (1L). The Christine Hunter (1L) women will be championship title but fell short after a competing in the finals on Monday. heartbreaking loss in Scarborough. The team's fate was foreshadowed two weeks Men’s Hockey (A Team) earlier when it lost to Scarborough The Div 1 hockey team rebounded (again as visitors) to determine home- well from a heartbreaking semi-final court in the playoffs. An under-per- shootout loss to Scarborough last semessoned unit and some sensitive referees ter. The team is currently 2-1-0, with anled to a loss that meant last week's semi- other game against Scarborough in the finals were played in the dungeon that is near future.

Scarborough.

Captain Jason Fenn (3L) also led the The blistering speed of Dylan Smith team this past weekend to play in the (3L) and fierce passion of co-captain Queen’s Invitational Law Hockey TourRodney Gill (3L), mixed with the dead- nament. It included two teams from eye accuracy of Jacob Sone (3L) and Queen’s, as well as Western, Osgoode, tenacious defence of co-captain Todd Ottawa (Common), Ottawa (Civil), and Orvitz (3L) were not enough to pull out McGill. the victory. Mike Jokic's (2L) Herculean The team played Queen’s “A” to a effort and just plain "dirty" defence hard-fought 1-1 tie on Friday and then mixed with the always up-beat, three- went on to defeat Ottawa (Common) 3point shooting Rohan Brown (3L) kept 0 and Queen’s “B” 6-0 on Saturday to the boys in blue in the game as long as clinch first place in the division. In the possible. Eric Wagner (1L) and Steve semis the team met Western, which Oakey (1L), this years twin towers (both might have been the most entertaining in height and, more importantly, in their and fast-paced game of the tournament. skill) again helped to inspire hope and Unfortunately, regulation ended tied 3provided on the court skills that were 3, and the good guys ultimately lost in (and have been all season) nothing short the shootout. of amazing. The absence of Jesse Dallal Bay Street Game: March 27 at 9:30 v.

(2L), Mike Wagman (2L), and Ben Kates Goodmans at the Ricoh Center.

(1L) was felt as each has been invaluable to the team's success all year. As always, it would be a great injustice not to menThis year’s team was within reach of a

Mens’s Hockey (B Team)

The Flavelle Flames are 3-1 and playoff-bound at this point in the season, thanks to a strong team ethic of showing up on game night. While the team has rock-solid skills, it has not been able to show its true talent - it has won all three games by virtue of defaults. By the third defaulted game of the season, many team members were frustrated and angst-filled at the lack of opportunity to play in a real game.

Despite the absenteeism of other teams, every game has begun with a full law squad thanks to the effort of captain Paul “Lanky” Horbal (3L), who has kept the team motivated with Metallica mixtapes and Wendel Clark's greatest hits, forward Josh “Fauna” Sutherland (2L), who has sent out heart-felt last minute reminders to show up, and goalie Duncan “The Wall” McFarlane (on loan from the A team), who has provided detailed analyses about what the team must do in order to qualify for finals. If current trends continue, the team may be able to claim the title without even breaking a sweat.

Men’s Indoor Soccer (A Team)

Led by Randy Harris (3L) and Aly Kurji (2L), the men's Division One indoor soccer team has had a solid season.

A heroic victory over arch-rival SGS sealed a playoff berth in the final game of the regular season. Though the record is 3-2, the two losses were carbon-copy heartbreakers in which 2-0 leads at the half vanished. The team’s record at halftime is thus a perfect 5-0.

Armed with lightning-fast strikers, outrageously skilled mid-fielders, robust defenders, and a cat-like keeper who has mastered the art of kicking the ball in parabola perfectly parallel to the varsity field dome, the playoff drive promises to be a success.

Men’s Indoor Soccer (B Team)

postpone their drinking until after 10p.m., while it competes in the semifinals. Wish them luck.

Women’s Indoor Soccer

The women’s soccer team continues its historical struggle to field enough bodies. The fact that Law Follies and other faculty events took place on game nights didn’t help the situation. Maria “Unstoppable” Zeldis (2L) was the season’s lead scorer, supported by Amanda “I-Came-All-The-Way-From-AustraliaFor-This” Haugan (2L) and Jen “Lightening Speed” Murdoch (1L) on forward, and Christine “Dominator” Hunter (1L) at midfield. A strong defensive unit was underpinned by Katie “The Wall” Clements (3L), Tobi Aribido (1L), Imtenan Abd-El-Razil (1L), and Sally Kwon (3L).

The team narrowly lost a spot in the playoffs to Pharmacy. All in all, the team had good fun, with the biggest complaint from team members being that they once had to wear pinnies. Says graduating team leader Clements, “If I can’t recruit you new players, I’ll at least make sure you guys have matching jerseys for next year. If nothing else, you’ll look good.”

Innertube Waterpolo

The innertube waterpolo team finished fifth overall, or that’s what they think to the best of their recollection.

Despite the leading efforts of Andrew “We Can Win!!” Binkley (2L) the team was unable to put together consistent winning performances. Nonetheless, the team had a lot of spirit and a lot of fun at the bar post-games, thanks in great

Men's Division Three indoor soccer managed to overcome the grave injustice of the intramural scheduler (who stuck the league with a Friday night time slot) and Jennifer Murdoch (1L), Cara Davies (2L), Emrys Davis (3L), and Megan Vuksic (2L) sneak into the playoffs with a part to the efforts of team organizer, 2-1-1 record. This was followed by a Steph “Team Spirit” White (3L). stunning 1-0 upset by the law squad in the quarterfinals against the top-ranked team - who had spent money on jerseys Waterpolo Now in its second season, the Law with individualized names while the law squad had a player who made shin pads Waterpolo team continues to enjoy sucout of a pizza box. This Friday, Andrew cess. Unlike other teams in the league, Moeser (2L) will lead the team, with its it has no varsity waterpolo players and is ever-shifting mix of those who have no reliant on internal skill development.

CONTINUED ON PAGE 7 social plans and those who are willing to

Maarch 18, 2008

Intramurals - from page 6

Fortunately, thanks to the expertise of coach and player Hilary Jarvis (2L) and team leader Andrew Binkley (2L), veterans and beginners alike learnt some new tricks. Andrew Moeser (2L) was stalwart in net, while Josh Sutherland's (2L) shot developed power throughout the season. The laser accuracy of Susan Newell's (2L) passing set-up many of the team's goals. Amara Gossin's (1L) tenacity and Michael Rosenberg's (2L) swimming ability helped the team stay afloat. Stephen Meurrens (2L) was so dedicated that he even showed up to games we didn't have. The sunny dispositions of Brian Duong (3L) and Sarah Young (2L) made the games they attended a pleasure.

With a regular season record of three wins and one loss, the team qualified for the semi-finals against a formidable side from Victoria College, including two current varsity players.

The team put in a good effort and scored several goals; however, the end result was a win for Victoria.

Co-Ed Volleyball

The co-ed volleyball team’s update is short as it is still reeling from a near miss at qualifying for the playoffs with a 2-3 record. On a bright note, the team finished the season with a big win over the Med students.

Women’s Volleyball

The woman’s volleyball team deserves a special mention for being one of the few women’s teams to pull it together and make the playoffs, despite the loss of captain Erin “Watch-MySpike-Go-By-You” Murray (3L) to Advanced Family Law with Phil Epstein during most games. Apparently the free dinners Epstein provides to his class – or was it the mandatory class participation – compelled attendance.

Kaley “Rock Solid” Pulfer (2L) stepped up her game, providing genius setup of plays as setter, while Jackie “Spike-From-Outta-Nowhere” Vandermeulen (2L), Catherine “Italian Power” DeGiusti (3L), and Amanda “ “ I - C a m e - A l l - T h e - Wa y - F r o m Australia-For-This” Haughan (2L) provided strong power on the sides. Cara “I’ll-Stop-Anything” Davis (2L), Katie “ Wa t ch - M y - S e r ve - G o - B y - Yo u ” Clements (3L), Nandini “I’m-SmallBut-I’ll-Block-Your-Shot-Anyday” Somayaja (3L), and Steph “Team Spirit” White (3L) provided solid defence.

Again missing key regulars in the playoffs, the team lost a close game 2-1 to Grad House. As Captain Murray says, “sad - since we were pretty good this year.”

NEWS

“Feminism” articles spark debate around law school

7

BY LISA CHUYOW (2L)

The recent publication in Ultra Vires that women and the law intersect at the affecting women at the law school,” Asof two opinion pieces may have ruffled law school and in the broader legal pro- sistant Dean Goldberg said. “The meeta few feathers, but they got UofT stu- fession. The executive says it wondered ing was an excellent forum to discuss dents and the administration thinking if there was anything it could do to im- important issues and brainstorming coland talking. “Feminism: alive but not prove the female experience at school. lectively about ways to make this law well” and the response article, “Mem- But the executive soon realized the is- school even better.” oirs of a cheerleader” fostered lunch- sues were broader than that. There was W&L executives said they found the time student discussions, and responsive also an issue about religion, diversity, meeting very informative and were “enmeetings by the Women & the Law ex- and equality. couraged by the high level of interest ecutive (“W&L”), the and constructive disDean’s Office, and the cussion, particularly Students’ Law Society “THE [DEAN’S] OFFICE ‘WELCOMES CONTINUING DIS- those centered around (“SLS”). women's issues at the CUSSIONS ON THESE ISSUES AND WISHES TO BOTH REThe controversy began law school, that seem CEIVE AND PROMOTE IDEAS ABOUT THE MANY after a first-year law stuto be emerging as a reDIFFERENT WAYS STUDENTS AND STAFF CAN WORK TO dent sent an opinion artisult of the articles.”

ENSURE THAT ALL MEMBERS OF THE LAW SCHOOL cle to Ultra Vires They say they hope the expressing her disappointarticles will serve as a COMMUNITY FEEL PART OF A RESPECTFUL, INCLUSIVE ment with the prevalence catalyst in efforts to AND WELCOMING ENVIRONMENT.’” of alcohol and law school foster a more inclusive stereotypes at school-run law school environactivities. She briefly noted her disapThe W&L executive decided to or- ment. pointment with the presence of female ganize a meeting with Assistant Dean Assistant Dean Goldberg says the law students dressed as cheerleaders at a Bonnie Goldberg, SLS President Khalid Dean’s Office places a high-value on dicharity basketball game. In response, the Janmohamed and Vice President Aly- versity in all its forms at the law school. cheerleaders submitted their own article khan Sunderji. The three bodies met in She says the Dean’s Office has already that suggested the first-year student was the Faculty Lounge on Tuesday, March made a commitment to sponser fewer not using the appropriate venue to voice 4th for an informal discussion about alcohol-related events. Goldberg says her concerns, that the law school stereo- feminism, the position of women at the the Office “welcomes continuing distypes were not negative and that choos- law school, inclusivity, pressures to con- cussions on these issues and wishes to ing to be a cheerleader at a basketball form, the law school culture in general, both receive and promote ideas about game did not contradict feminist values. and what could be done to address the the many different ways students and After both articles came out, the issues raised in each article. staff can work to ensure that all memW&L executive met to discuss the first“We were very pleased to be invited bers of the law school community feel year law student’s concerns. The execu- to a meeting with Women & the Law part of a respectful, inclusive and weltive’s mandate is to examine the way and the SLS to discuss a range of issues coming environment.”

FINANCIAL AID - from page 3

... tuition-free bursaries available.

“Under the new system, every student whose unmet need exceeds tuition will receive a full tuition bursary,” Khokar adds.

“Any additional need beyond tuition for these students would be met through an interest-free loan,” Professor Ben Alarie, another committee member explains.

For students whose unmet need is less than tuition, the system would no longer be 50 per cent bursary and 50 per cent interest-free loan. Alarie says the mix of bursary and interest-free loan support will range from nearly all bursary (for the neediest students) to nearly all interest-free loan (for the least needy students). Awards made to students in the middle of the range will vary according to the financial aid funds available. When more funds are available, the mix will shift in favour of bursary assistance.

Assistant Dean Goldberg says the new system boils down to more bursaries for more students and “nearly”

tuition-free status to a greater number of students instead of 40 guaranteed tuition-free awards.

While this new system would mean on average three or four less tuition-free bursaries per class, the average bursary per student would go up by “several hundred dollars”.

The downside? Since this new system would provide more bursaries to more

“THE NEW SYSTEM BOILS

DOWN TO MORE BURSARIES FOR MORE STUDENTS AND

“NEARLY” TUITION-FREE

STATUS TO A GREATER NUMBER OF STUDENTS...”

students, it would impose greater financial strain on the financial aid office.

The interim report suggests the new system would require an additional $50,000 to $100,000 per year to meet student needs. But Goldberg says this increased need for funds would not affect funding to other programs, such as

back-end debt relief. She says the financial aid office has always operated with a financial “cushion” that should compensate the greater need.

The SLS and other informed students support the recommendations in the interim report.

“The students on the financial aid committee and the SLS believe that this is definitely a step in the right direction and we are happy that the faculty has been willing to acknowledge deficiencies in the program and address them,” Khokar (2L) says. “The decision to award 40 full tuition bursaries was an important recruitment tool and it speaks volumes that the faculty was willing to drop that number in favour of this new system.”

The committee will issue its final recommendations for a new system at the next Faculty Council meeting.

What do you think about changing the tuition-free practice? Email financial aid committee members Khalid JanmoHammed at khalid.janmohamed@utoronto.ca or Akash Khokhar at akash.khokhar@utoronto.ca.

FEATURES

Facebook, reflections, Law Ball, and more...

You say goodbye and I say hello – Farewell from the SLS It’s occasionally uncomfortably cold; occasionally uncomfortably warm. It sometimes smells awful and sometimes like peppermint. It sometimes is empty, other times is full of politicking law students. At yet other times it is occupied by a sole VP working on his SUYRP, and, finally, sometimes only occupied by rabid squirrels. What is it? The trusty old SLS office.

I wouldn’t be surprised if some, perhaps even many of you, have no idea that this office exists. It’s stuffed in a corner of the Flavelle basement right next to the student kitchen (the existence of which may also be news to some).

For me, however, the SLS office has been a fixture of the law school experience.

I first walked into it as an eager, green first year Caucus rep with few expectations and little idea of what my role would be. In just a few weeks from now, I’ll leave it for the final time as a seasoned veteran of the SLS, with a few battle scars to show for my efforts (i.e. fat lip from the boat cruise “roid rage” incident). Yes, it’s hard for me to believe, but I can put this off no longer; it’s time for my farewell as the SLS President and as a UofT law student.

Alas, this moment is bittersweet for me. Leaving law school and entering the “real world”, a transition imminent for all of my fellow third years, will be a major adjustment. At the same time, however, as I reflect upon my three years here, I am amazed by how much my fellow classmates and I have been able to accomplish. It is these accomplishments on which I will now focus, and specifically those of the SLS in the last year.

“AS I REFLECT UPON MY 3 YEARS HERE, I AM AMAZED

BY HOW MUCH MY FELLOW CLASSMATES AND

I HAVE

BEEN ABLE TO ACCOMPLISH.”

Changes have abounded this year, from the miniscule to the major. Let’s begin with facilities. As most of you have probably noticed, the lighting and the paint in the formerly dungeon-esque lower Flavelle washrooms have significantly improved; the sink in the student kitchen is now actually functional; and as I write this article, believe it or not, we have three functional microwaves in the

BY KHALID JANMOHAMED (3L)

student kitchen. But, of course, no facility update would be complete without bringing up our ever intermittent wireless internet. After much delay, the central UofT IT crew were here on March 14 and hopefully will have the issue resolved shortly. Fear not: Facebook, Perez Hilton, and online suduko/crosswords/poker/ any other game of your choice will soon be available again…Err, I mean you’ll soon again be able to access that valuable teaching aid, Blackboard, during class so that you can follow lectures even more closely.

SLS Affairs – the party, money and clubs crew – brought you many great events this year, including the inaugural Charity Tip Off at the ACC, which will hopefully start an annual tradition. They also brought you an unprecedented Flavelle Halloween party, w e e k l y pub/club nights, the SLS ski trip and the glamorous Law Ball. Still to come this year are the SLS Coffee/Music House (those interested in performing can contact Kara Hardin at kara.hardin@utoronto.ca), and the end of year bash. Most importantly, perhaps, the Affairs team completely revamped the clubs budgeting process leading to what the SLS has found to be a much more efficient and flexible system. This was particularly important for a year in which our financial resources were less abundant than in previous years. In order to alleviate the constraints we faced this year for next year’s SLS, we’ll be holding a referendum along with SLS elections requesting a modest $10 increase in the SLS student levy (that’s only about a 0.05 per cent increase in tuition).

SLS Caucus – policy, policy, policy, and student concerns – spearheaded a num-

ber of valuable initiatives this year. The long-term curriculum committee, for example, initiated its three-year mandate to review curriculum issues at the school and will be holding student focus groups next week. Related to this initiative, the Pedagogy Working Group held two town halls in which students had the chance to provide meaningful feedback to the SLS and the administration on issues relating to student engagement.

Added to these initiatives, the International Advisory Committee set up a buddy program for exchange students to facilitate their integration into the law school, and the Financial Aid Committee has proposed significant changes to the current aid allocation system, which, in the SLS’ opinion, will better reflect the needs of students. And, I would be remiss if I failed to mention the most eager and motivated firstyear Caucus reps to ever enter the SLS, who surveyed the firstyear class twice this year and will be presenting their results at the upcoming Faculty Council meeting(March 26). Still to come from the Caucus will be the SLS end-of-year survey for-upper year students, so keep your heads up and pens ready.

That about sums up a brief highlight of the SLS’ activities this year, but that’s not all there is to say. Reflecting again on my time here at UofT law, I realize that I’ve learned much and I’ve evolved since that first time I walked into the SLS office. As part of this evolution, I’ve come to understand that SLS policies and events can play a role in shaping norms and culture at the law school.

These norms and the law school culture, in turn, significantly impact on the experience of each law student that passes through our halls. For some, the experi-

ence is great; for others, it can be alienating and isolating. The recent “controversy” in UV surrounding critical perspectives and law school culture (with the articles focussing on feminism and alcohol) is illustrative of this dichotomy.

The issues raised in these articles and in

“THE SLS HAS BEEN A

CHERISHED PART OF MY LAW SCHOOL EXPERIENCE.

IT’S

EVIDENT TO ME THAT MEANINGFUL AND

IMPORTANT CHANGES CAN BE BROUGHT ABOUT

THROUGH

SLS ACTION.”

the discussions that have followed are taken seriously by the SLS, and we encourage students with concerns or suggestions to contact any of us, and particularly myself (or next year’s President if I’m not around) and the two VPs. The SLS has been a cherished part of my law school experience. It’s evident to me that meaningful and important changes can be brought about through SLS action. Critical to the success of the SLS, however, is involvement from students with diverse interests, backgrounds and ideologies. In light of this, I encourage you to run for the SLS if you’re engaged by any of the policy issues I’ve mentioned or if you’re interested in being part of shaping the social fabric of the law school. Elections are coming up soon and information about nominations can be found in this week’s Headnotes.

Finally, my farewell wouldn’t be complete without thanking the SLS Affairs and Caucus representatives, and our two VPs, Paul Karvanis (Affairs) and Alykhan Sunderji (Academic). Without all of their tireless efforts and selfless dedication, the success that has been this year would not have been possible.

In the end, it’s only fitting that I write these final few lines in the SLS Office.

It’s strange: today, the temperature seems just right and the scent in here is almost pleasant. Maybe today’s a good day for the SLS office, or maybe, now that it’s time for me to take my leave, I’ve finally gotten used to this place…

MARCH 18, 2008

I have joined Facebook.

This is perhaps an odd thing to do for someone who both likes privacy and writes about it. However, Ontario’s Information and Privacy Commissioner, Ann Cavoukian, spent last summer on Facebook and argued that you can have a lot of privacy: “I used a pseudonym, my picture was that of a plant, and my privacy settings were set to the most restrictive levels possible.”

I suspect this isn’t what most people do on Facebook. I suspect this is only what the over-30-wantto-see-your-photos-what-do-youm e a n - y o u - o n l y post-them-on-Facebook and the Iwill-spy-on-my-children folks do on Facebook.

I decide on a public life.

Well, OK, a public life consisting of posting my actual photo, my actual name, and the incredibly revealing information that I am female and live in Toronto (which, yes, you could have figured out from my UofT web page). But now I make this available to the universe of Facebook. They can poke me, send a friend request, send me a message, and view my friends.

If I had any friends.

Clearly, one can’t network without friends. So I find my spouse on Facebook and send him a message. He is delighted, having complained for months that he can’t really be married on-line unless I also have a Facebook account and confirm our relationship. I find this bizarre but send out the confirmation.

At least I have one friend.

I tap into more of my existing social networks and see who from the Faculty are on Facebook and send friend requests. Soon the numbers start to climb.

I consider changing my status to “Lisa is happy that she now has more friends than David Duff ” but decide this would be juvenile.

Now that I have friends, I try to figure out what to do with them, apart from sending messages (for which old-fashioned email would suffice.) Suspecting a failure of imagination regarding the allure of Facebook, I try to find out why others spend so much time on Facebook. My niece accuses me of e-stalking her, but allows me to be her friend. She has an impressive number of friends.

They write on each other’s walls, update their status, post photos, take lots of quizzes and join many groups.

I puzzle through why you would write on a friend’s wall rather than send a message. I suppose that it is fun to communicate with your friend AND your friend’s friends and networks (depending on the privacy settings), especially if the intended audience also includes many of your friends (as it would for high school

FEATURES

9

Two weeks on Facebook

BY PROFESSOR LISA AUSTIN

and university students). But most of my friends are not on Facebook and my Facebook friends have been collected from many different spheres: I don’t see why a message from a work colleague would interest a neighbourhood acquaintance, and even if it would interest a student, that might not be a good thing.

body-builder proclaiming “5 Tips to Lose Belly Fat.” Not bad. I add information to the education and work sections of my profile and start getting ads for nannies and mortgage lenders.

I decide to loosen up and add some fun applications. I click on the “Send a Red Heart” advertisement that has ap-

There are friends and there are friends: for me the privacy settings on Facebook don’t catch quite enough of the nuances of social life and the fact that my friends are not a homogeneous group to whom I want to reveal the same amount, and kind, of information. The model of Facebook is remarkably like the idea of the self that Alan Westin discusses in Privacy and Freedom: there is a “core” self “pictured as an inner circle surrounded by a series of larger concentric circles.” Think of these circles in terms of privacy settings for friends, limited profile, some networks, or all networks.

I’ve never liked this picture of privacy.

We may play different social roles, all with different implications in the sense of information disclosure and concealment, but I doubt that these roles can be neatly categorized in terms of a series of concentric circles held together by some inner core of authenticity.

That said, it is also clear that some people on Facebook need more circles (i.e. boundaries). I look up another young “friend” who is in university and find photos that really should never have been taken, let alone shared publicly. I wonder whether I should send him a copy of Radically Transparent: Monitoring and Managing Reputations Online.

Turns out he didn’t realize he had made them available to the entire Toronto network. Oops. He claims,“In my defense... there's none of ME nude or toking.”

Wondering whether my “public” life is too limited, I consider adding more information to my profile. But I grumpily suspect that this will aid Facebook’s advertising efforts more than my social networking. According to its privacy policy, Facebook does not reveal your identity to third parties but does use the information in your profile (and even collects information about you from other sources, although you can change this with the privacy settings) to deliver targeted ads. For example, my profile indicates that I am an over-30 female. The main ad that I have been seeing is one featuring the very buff abs of some male

peared on my profile page (OK, it’s a promotion from the Heart and Stroke Foundation, so perhaps “fun” is a stretch). When you add an application, you are shown a box that says “Allow Red Heart to access my information.”

However, if you want to add the application, you actually can’t opt out of this (this is standard for all Facebook applications). The information is not limited to that necessary to run the application but potentially includes anything in your profile that is “visible on the Facebook site,” excluding contact information (see Platform Application Terms of Use). In ad-

dition, there are two default settings that you can opt out of but which you are not actually told about when you add the application. The first is that the application is available for viewing by “all networks and all friends.” If you want to restrict this you have to go to your privacy settings. The second is: “allow application to contact me via email.” The only way to know about this, and change it, is to go to “Applications” on the left hand navigation menu and select “edit.” Furthermore, Facebook states, “Applications may be able to access a limited set of information about you through friends who opt in to other applications.” You can restrict much of this information but not your name, network and list of friends. This can only be turned off if you also remove all third party applications from your site.

This irritates me (to put it mildly) but I keep the applications. I actually like some of them, like “Groups.” I join “PIPWatch -- Does Facebook (and other sites) Conform To Canadian Standards?”

It seems a fitting use of Facebook for a privacy advocate who doesn’t want the online life of a potted plant.

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FEATURES

ECCJ@CKM fàâwxÇà ÜxyÄxvà|ÉÇá

ULTRA VIRES

Seven months, one week, six days: Tales from a first year

Seven months. I feel as if I'm in my third trimester of law school – I have an increasing appetite and my back hurts. And don't get me started on the hormones.

Nevertheless, this year has been quite the ride. It's difficult to summarize my

thoughts and reflections in an essay format, especially when I'm supposed to be working on my small group paper.

But if there was one thing Bridge Week has taught me, it's that a paper grade is directly proportional to the amount of

BY ISAAC TANG (1L)

headings used... and never trust UPS when delivering parcels around campus.

That said, I will try to draw out some interesting lessons learned from my first year experience and help you procrastinate a little bit longer.

Lesson #1: In law school, law plays YOU.

I must admit, I honestly thought that law school wasn't going to be this tough.

But then Lord Denning smacked my face with a cricket bat. In the first semester, I actually tried to do all of my readings – yes, even Legal Process. After the December exams, I realized that crossing off every case on that reading list didn't matter. In fact, I wish I had cut back on my readings so that I would have time to think, digest and actually learn the material.

I understand now why my group leaders for O-week back in September warned our table that they never finished their readings. All I can say is, study methods matter much more than the amount of time spent studying. If I could turn on that flux capacitator and

get Christopher Lloyd's Doc Brown to take me back in time, I would change my study habits in a heartbeat.

Lesson #2: Upper years don't bite.

Really, they don't – unless they smell fear. To be perfectly honest, I have had great experiences with every single upper year student I've met. It's like the burden that is law school unites us all.

Suffering through summer job stress?

Received a B on that paper you thought you aced? Have the hots for McLachlin? Ask an upper year. And when I say upper year, I also mean those insanely bright (but down-to-earth) LLM students.

I could try and name all the upper years who have made a huge impact on my law school experience, but I don't want to get a beating from those I've left out. So next time you bump into someone you don't know, introduce yourself. Maybe it's someone who's gone through the same ordeal. Or perhaps they're in Section One. (I kid, I kid!)

Lesson #3: We paid $20,000.

Start taking it back.

One of the best things about our law school – besides the stunning bathrooms – is the sheer amount of free perks. For the gastronomically inclined,

there are fantastic lunches, wine & cheeses and other open bar events. The speakers and guests who accompany these events are not too shabby, either.

CONTINUED ON PAGE 14

Scandinavian impressions of UofT Law

BY HENRIIKKA HIETALA, ERIKA LÖFGREN, AND KAJSA WAHRENBY EXCHANGE STUDENTS FROM SWEDEN AND FINLAND

After spending almost eight months in Toronto, it’s time for team Scandinavia to evaluate its time here and identify a few differences from life back home.

First of all, we would like to say that we have had a fabulous time here. There are a few things that have required some adjustment though. The first shock in September was the number of laptops in class – being the only ones handwriting the first week made us feel like we were from the Stone Age. It did not take us many days to give that up. After adjusting to the laptop issue and realizing that

we will never be able to return to handwriting, we still wonder how on earth you can pay around $20,000 a year and still spend (almost) all your time in class on Facebook or playing Spider Solitaire.

That we’re doing the same thing is something completely different since we are not paying any tuition fees (yes that’s right, we’re free riders) and we actually receive money from our respective governments for studying here.

Speaking of money, we are quite amazed that you pay so much money, and still there are Soviet style washrooms, it is colder than a Scandinavian winter in the library, printing and copying is super expensive, (the printing software is from the mid 80s), and there has not been a Muffin Madness since January!

Common law was another shock.

Dear Dean Moran, an introductory course to this would have been very useful. At first, we had no idea about what to do with all those cases and figure out why we were reading them. Not to mention the length of them. Haven’t the judges on the Supreme Court of Canada ever heard about the value of being concise? No, they go on and on for hun-

dreds of pages in never-ending conversations with themselves. It’s almost like they get paid by the word.

asked questions. No, we can’t tell you what our undergrads were because we didn’t do any. We can go directly from high school to law school if we want to, but on the other hand, law school is five years, and we actually have to work hard all those years since the grades from each are important. Another difference is that we have 3.5 years of mandatory courses, so everyone has to suffer through Tax Law, Bus Org and Administrative Law. And we can actually fail our courses!

Back home, failing does not mean that you forgot your pen at home at the exam. And yes, the climate is about the same back home as here, and we really do like Toronto.

We hope that we are not coming At the price of a Starbucks coffe, a free re-fill across as negative, because we really have enjoyed our time here. This law school would make sense. is amazing in many ways: the amount The hardest thing for us to adjust to and diversity of courses offered, the here in Canada though has been the knowledge of your professors, and all of North American coffee. After careful the friendly students. We will be filled evaluation of Tim Horton’s, Second Cup with good memories as we return to the and Starbucks we still wonder why you north of Europe where there’s someput so much water in your coffee, and times only sunlight for four hours a day, when you will recognize the idea of free where no one expects a tip, and where refills? it’s impossible to get Chinese food at 4 Finally, to answer a few frequently a.m. We will miss this place.

FEATURES

MARCH 18, 2008

In my first year I progressed from feeling excitement to surprise to immense pressure and finally to relief and satisfaction. I was excited to come to UofT. There was the new environment – I felt proud walking between the pillars of Flavelle on my first day. A new peer

Reflections on Law School

BY MARK MYHRE (3L)

exams loomed ever closer. But at the end of it, there was gratification. I learned that I wouldn’t crumble in a moot setting, had the good fortune of getting a summer job at DLS, and ended up with grades I could live with.

Second year was defined by trying situations, busyness and a sense of both control and responsibility.

There was control over a career path, as I had gained confidence through my DLS experience and then found myself with the option of working in three different cities. There was responsibility for the school, feeling as though I and my fellow second-years were running the place – trying to conBright-eyed and bushy-tailed at the First Year Moot vey excitement to first-years as a group – 540 people I’d never laid eyes shift leader at DLS, acting as head of on. A new subject – as a computer sci- the (prestigious and influential) Chrisence grad, I had close to zero knowl- tian Law Students’ Association, and edge of the law. I was surprised. Not representing the school in the Securities only was contract law not boring, but Moot. It was busy. In first semester, my professor was simultaneously one ten ongoing DLS files amid round after of the cutest men I’ve ever met and one round of interviews. In January, I had of the most lucid. Nor were my class- two trials, a moot factum, and an intenmates one-dimensional people who re- sive course on top of the regular garded me as their competition and courses. And there were tough times. spent all of their time in the library. In November, my girlfriend and I broke Then I felt the pressure. A file at DLS, off our engagement, and the relationtwo research groups, and the first year ship occupied my thoughts for two moot seemed like four things too many solid months as we agonized over during the month of March as the whether to stay together. The DLS sword of Damocles that was first year controversy consumed much of the

year, too, and I felt conflicted between not wanting to stand by and watch three great lawyers walk away while being really unsure of what to do.

Third year has been more like a peaceful Sunday afternoon walk in the countryside. I feel like Obi-Wan Kenobi looking down at the young Jedi

Third year - not quite as intense

in training. In a sense, it’s not my school anymore – I went away on exchange, and returning, I don’t feel like I have the responsibility of making the wheels of the school turn. There is no pressure because I know how to write exams, and comparatively few extracurricular activities allow me to stroll between school and home instead of rushing.

It’s been very refreshing, soaking in my classes and spending time with the people I’ve gotten to know over the past two and a half years.

The people are what I like most about this place. I’ve appreciated the support staff. I don’t interact with you

11

all that much, but when I do, you are cheerful and helpful; I learned not to take this for granted in France. I have enjoyed my professors. Most of you put a lot of effort and energy into your lectures, and we can tell and we appreciate it. Some of you are truly outstanding. You make something complex seem straightforward, you make yourselves available outside of class, you write dozens of letters of reference, you judge moot run-throughs, and you come to student events. Most of all, though, I like my classmates. Those who were ahead of me were free with their advice on schoolwork and job interviews, passed on their summaries, and volunteered loads of time to bring me up to speed at Oweek, at DLS, in the research groups, and in the moots. And my class is unquestionably the smartest and most interesting group of people I’ve ever met and I admire so many of you. You volunteer, you help each other, you are passionate, you respect other views, you get shit done and you’ve done cool things, you know how to have a good time, you are articulate and wickedly intelligent, and you have always given me your notes when I ask.

So long. It’s been real.

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12

To many first years, Keir Wilmut has become a shadowy figure, the mysterious author of the infamous Keir’s summaries floating around the Internet.

When I started law school, however, he was a third-year law student at UofT and editor of UV. Two years ago, when I was on the cusp of first year exam angst, I read an article in UV that Keir had written about what he had learned during law school. In the course of this article he related the following story, which has resonated with me since: A great queen once summoned the wisest men and women in the realm.

“Wisest of the wise,” she said, “I want you to build me something that will make me happy when I am sad, and sad when I am happy.”

UV called for submissions from third year students who are departing for bigger and better things come April. Being one of those students, and having been involved with UV for the better part of my career here at UoT, I felt that I could conjure up something which would provide an accurate synopsis of the time (or lack thereof) that I spent here. I couldn’t think of a better way to do this than chronologically. Below, is an examination of some of the highlights (or lowlights) of each of my years.

FEATURES

Every end is a new beginning

BY CATHERINE DE GIUSTI (3L)

The learned and gifted thinkers left.

For a year they worked: they hammered and they sawed and they tinkered. But when they returned, they handed the queen only a small, folded piece of paper. The queen opened the thick paper with trembling hands. Written on it in fine cursive script were four words: “This too shall end.”

The phrase “this too shall end” is such a simple phrase, but one that immediately struck a chord with me. When I went home that night I wrote the phrase down on a scrap of paper and posted it on the bulletin board above my desk. Almost two years later, I still have that piece of paper stuck to the exact same place on my bulletin board.

I have experienced the gamut of emo-

tions during my three years of law school. During my darkest moments I have felt completely overwhelmed, stressed, like a shell of the person I used to be, incompetent, inept, stupid. During these times, this phrase has been an immense source of comfort. It has helped me to realize that although law school has been one of the most challenging experiences in my life so far, it does not last forever and I will be a stronger person for having survived it.

For every dark moment during law school, however, there has also been a happy, triumphant or satisfactory one. I have tried to remember this phrase in these moments as well. It has reminded me that although law school has been a transformative experience in my life, it is

A degree in review BY: JORDAN NAHMIAS (3L)

The upside to all of this, however, is that I did make a lot of good friends. I came to this school, having just moved back to Toronto, and figured I would just hang out with my lifelong Toronto friends, and didn’t need to make new

that much better. I mean, first semester is as bad, if not worse, than 1L. You are stressing for a job, worried about marks, and forced to listen to a guy that got 40 OCIs and brags about it in annoyingly subtle ways, at all times. (Oddly enough,

1L

I really can’t think of any better way to describe this year except as “Hell.” Yes, it is that bad. When I speak to my friends about it now, we do all agree it was absolutely terrible. Everyone always claims that it’s just a part of law school, a rite of initiation, blah, blah. Personally, if the school could just figure out that making us write December exams, or attend Bridge Weeks, or suffer through some of those other pedagogical tools, are all useless and simply stress-inducing, then they might actually provide us with a more enjoyable year. How about just giving us 100 per cent final exams? Or, if they want to do mid-year evaluations, what about a paper or something other than an exam that doesn’t count for anything? Then again, you are also constantly reminded that your marks will make or break your future career as a lawyer. This is bullshit, by the way.

Everyone gets a job eventually, whether they like it or not.

Aside from the Hell that was school, I am pretty sure I became an alcoholic that year. Like my colleagues, drinking became a more regular part of our lives than it had been before. And I went to Western, so that is saying a lot.

ULTRA VIRES

But tell us how you really feel, Jordan.

friends. How wrong I was…Although my initial suspicions that many of the people I would go to school with were complete oddities were not entirely inaccurate, I did manage to meet a whole bunch of fantastic people that year, Law Games being the turning point for that.

Of course, the involvement of alcohol and some shwiggity shwag at those “Games” couldn’t have hindered the friend-making process.

That being said, it was still a terrible, terrible year, and any first-years who say they are enjoying it are a) lying or b) not actually doing any work and will thus fail.

In all cases, you want to avoid those people.

2L

This is the year things got better. Not

people like that didn’t get a job. It’s amazing how good one can look on paper and how bad one can look in person.)

Regardless, it helps in 2L when you do get a job. Now, keep in mind I am not trying to be condescending here. I have friends who didn’t get jobs and the postOCI stage of second year might not have been as good as I had it. And, I am also not trying to emphasize how important it is to get an OCI job – because it isn’t. I am just explaining my personal experience, and from that I can tell you that all of a sudden, the stress is gone.

Drinking actually reduces a bit, as you realize you can relax and don’t need to dissolve your academic and career-oriented worries in that sweet, sweet nectar. Second semester thus became a joke. The

also very fleeting. It is a brief three-year period in what will be, hopefully, a long and productive life. So I’ve tried to savour the good moments as they come: the elation of a getting a good grade in a course I have worked hard in, the joy of sitting around having a few drinks with friends, the satisfaction of making a contribution to a cause I believe in through participating in extra-curricular activities.

So, I really cannot offer any better piece of advice for coping with law school than the one that was passed on to me. During your years at law school, do not despair in your darkest moments and appreciate the joyful moments as much as you can, because this too shall end.

answer to every school related question is “Who cares? I have a job.” It’s really quite good and a shame for those of us who do not succeed in OCIs. More importantly, though, 2L is the year when you can finally focus on other things besides work, and realize that at one point before law school, you did have an actual life. Hobbies become normal again, and the library stops being your stomping ground (for most of us, anyway).

It also allows you to start seeing exactly what is wrong with this school - at least for me. I finally started paying attention to how little our exorbitant tuition fees are worth. The returns are really not as good as Judith Finlay promised me when I got that acceptance phone call before 1L. Most, if not all of us, could have done better academically and still gotten jobs at any other school (even Windsor).

3L

Finally, the year nothing mattered. For many of us, half of this year is spent on exchange programs abroad, where a focus on strict attendance and academic pursuits, results in an experience the quality of which is unparalleled back home. Speaking personally, there was not a day in Hong Kong where I did not look at my life and think to myself, “Holy shit, third year is a joke.” In fact, between the fruitful academic experience I had there, and the absolute nothing I have been doing in Toronto ever since, I have come to the conclusion that third year is really just a money grab for the school. I mean, which third year student can honestly tell you they are working incredibly hard and really striving to maintain those A’s? Only the clerks,...

CONTINUED ON PAGE 15

MARCH 18, 2008 As summer approaches, our thoughts turn to travel, at least for those that can squeeze in a week or two of freedom between work and other commitments. But as a student, how can you afford it?

You’ve probably seen plenty of “off season specials” and “rock bottom fares” advertised before, only to find that after considering airport taxes, meals, hotels and excursions, you’re looking at well over $1,000 even for a mediocre experience. And besides, you’re in school during the cheaper off-season.

Even if you do make it to your destination, how do you know what to check out when you get there? You may spend a lot of your precious vacation time getting lost, wandering through creepy neighbourhoods, or eating at a restaurant where a huge cockroach jumps out of the menu. (Yes, that actually happened to me.) Here are a few ideas about how you can travel this summer and have a better experience with less money.

The author celebrates with an elderly Scottish soccer fan at Old Sailor Pub, Amsterdam

Couchsurfing.com

It’s not just a means to travel and meet new people, it’s a global project. As the tagline touts at couchsurfing.com, “You can participate in creating a better world, one couch at a time.” Couch Surfing is a member-driven non-profit organization where people can sign up online to advertise a couch or spare bedroom in their home that travelers can use for free.

Couch Surfing began when founder Casey Fenton got a deal on a ticket to Iceland. The problem was that, he had no place to stay, and no desire to experience the country at arms length as a tourist. So he decided to email more than 1,500 students in Reykjavik asking for a place to crash for the weekend, and the plan worked. After exchanging emails, he stayed with several Icelanders who were more than happy to show him the ‘real’ Reykjavik. The trip was so fun that on January 1, 2003, Casey launched an online cultural exchange project so that others could share in similar experiences.

Today, there are over 450,000 people participating in Couch Surfing from every corner of the earth. Many hosts

FEATURES

Want to travel this summer?

BY CARA VALIQUETTE (1L)

are willing to show you around their town and take you out to meet their friends at night. Their reward for being a good host is getting to meet you and learn about your culture as you learn about theirs. You can search for hosts by location, age range, language, gender, etc.

You can then click onto your potential host’s profile to see their photos, interests, and how many guests they are able to take in at one time.

It’s a great way to eliminate hotel costs, and you will surely have a better time with a home-town tour guide, but is this safe? The system works through four levels of address verification. As the host, you can choose to be unverified, or you can allow Couch Surfing to verify you via credit card, then by sending a password through letter post. But this only verifies that the host lives where they say they do. What about their personality? Are they a good host? Can you trust them? Are they clean? For this you can turn to the vouching system. Similar to Ebay, members of Couch Surfing can leave comments about each other after their experience, so look for members who have received positive feedback.

You can also contact the people who left the feedback and ask them for more information. And remember, the host can leave feedback about you too, so be a good guest.

If you plan to try hosting, keep in mind that Toronto, being the friendly place it is, has one of the largest populations of couchsurfing.com participants in the world so competition is fierce. You can increase interest in your couch by adding photos and a detailed description of your place and what you have to offer to guests. I have had the pleasure of hosting six surfers in the past year and one of the best experiences as a host was having some of the guests take over my kitchen and cook a dish from their home country. You may want to consider bringing a favourite recipe or something special from home that you can share with your host.

Willing Workers on Organic Farms (WWOOF)

If you really want to get off the beaten path and out into the fresh air this summer, WWOOF may be the thing for you.

With the this program, you can join up to the WWOOF organization in the country you want to visit and make contact with organic farmers who will give you free meals and lodging in exchange for labour.

WWOOF came into being in London, UK in 1971 when office worker Sue Coppard contacted a bio-dynamic farm in Sussex and arranged for herself and some friends to spend the weekend working there. They wanted to learn some essential organic farming skills

while spending time in the beautiful countryside. The weekend was such a success that there were soon many more organic farmers willing to take people in on similar terms. Hosts and workers made new friends and enjoyed the experience of working together and exchanging assistance for knowledge. There are now 75 countries with WWOOF organizations.

As a WWOOFer, you are expected to

WWOOFer Ayuko with her new friends at an organic farm near Auckland, New Zealand

work four to five hours daily - no experience necessary - doing things like milking goats, gardening, picking fruit, building a shed, or making cheese, candles and wine. In your spare time and on weekends you are free to roam the countryside or head into a nearby city. Many hosts will loan you bicycles and drive you to and from the airport or train station.

WWOOF is a good option for those who want to travel with children as some hosts will accept families and may have their own children of similar age. If you decide to explore closer to home this summer, WWOOF Canada has hundreds of hosts in all provinces and territories. WWOOF Canada booklets, which contain the contact information of hosts, can be purchased in Toronto from St. Joseph House, 6 St. Joseph St. For more information about the international organizations, visit www.wwoof.org.

Cheap Transportation

So now that you know how to stay anywhere in the world for free, what about getting there? Smaller airlines such as Air Transat and Zoom are a good place to start. Flights from Toronto to destinations in the UK and Ireland frequently go for $99-$199 return, not including our hefty Pearson Airport tax.

These prices are significantly cheaper than flying to mainland Europe. Once there, if you want to go further, try Iceland Express to Reykjavik for about $150 one way. Regional carrier RyanAir

13 flies to destinations all over Europe and Morocco starting at $12 and even the longest flights are under $100 if your dates are flexible.

The same plan works in the Caribbean. Find the cheapest flight you can on a holiday airline to any island, even if it’s not your desired destination.

Once there, you can book a smaller flight to destinations in the West Indies for as little as $30 with Liaward Island Air Transport (LIAT), Windward Islands Airways (Winair) or in some cases you can take a ferry. This is the only way to reach those amazing hard-to-get places that international airlines don’t service.

Wherever you decide to go, pay attention to smaller local transportation companies, they’re often a better deal than direct flights with major airlines.

While hitchhiking is still a common and relatively safe way to travel in many places, you will be much better off planning your trip ahead of time with a car sharing organization. If you are planning to travel by car, visit www.pickuppal.com. The organization calls itself a “global eco-friendly transportation revolution that connects drivers, passengers, and packages with the places they need to go.” There may be smaller local car sharing organizations in the region of your travel destination so check on that as well.

Aaron Mills (1L) traveling in Banff, AB

Do-gooding

Depending on where you plan to travel, you may be able to do something good for those in need. Check out Not Just Tourists (notjusttourists.org), an organization that sends medical supplies via tourists to Cuba and other regions where some critical items are hard for doctors to acquire. World Computer Exchange (worldcomputerexchange.org) is a computer donation organization that is always looking for people who are traveling to Third World destinations. They only ask that you visit one of the schools that have received donations to evaluate the status of the equipment and take some pictures, and they are willing to give you a charitable tax receipt for some of your travel expenses.

These are just two examples of how you can make a useful contribution to CONTINUED ON PAGE 15

FEATURES

14

Work in Japan To: keenassociate@lawfirm.co.jp From: surlypartner@lawfirm.co.jp Re: legal memorandum Cc: all@lawfirm.co.jp Dear Associate,

Further to the memorandum you submitted to me, please die now. Your memo is wrong. Why did you even bother? Only an idiot would come to your conclusion. Who hired you? At your convenience, please kindly kill yourself.

Warmest regards, Surly Partner

Thought being an articling student or junior associate in Toronto or New York was tough? Welcome to Japan, where samurai ritual suicide still exists today in the form of the corner office type who lets you, the Managing Partner, and even the manga freak in the IT department know it when your work “does not embody the high standards of the firm.”

No joke! Such is the strange world I have been living in for the past six

months.

Luckily for me, I’m not much more than an outside observer of this rather severe hierarchy. Since September, I have been working at a large law firm in Tokyo as an English language legal editor as part of the Faculty’s Work in Japan Program. This means that I focus more on correcting “pubic massage for shareholders” notices and requests to “cralify the airline fright plan” rather than slaving away until 7:00 a.m. only to be told by my superior to drop dead. All in all, it’s been a trip! Here’s what I’ve learned: • When taking a casual stroll to the firm’s tea room, watch out for that overworked associate who is running (unfortunately, for his life) down the hall with a stack of case reporters which he is not tall enough to see over.

• When “at work,” expect to have no personal contact with anyone…at all. I have an e-mail account, therefore I am.

• In order to maximize productivity, return to work after a Friday night drinking session and proceed to phone your

BY CHRISTIAN CHARRON (LAW ‘07)

and ultra modern technology, the very old and the very new coexist in Japan as they do perhaps nowhere else in world. the Within the span of a few short g enerations, Japanese society Japan - ancient, majestic, and beautiful. has undergone most important clients. They will love some remarkable changes, and the eviyou for it. dence is everywhere. Sushi arrives on • You may tell your boss off only conveyor belts. The fashions seem alwhen drunk. As such, he will be obliged most extraterrestrial. Three minutes is to hear you out. too long to wait, and the 7-11 across the • “Female partner” borders on the road is too far to go. Thrown into this oxymoronic. In a firm of over 350 mix are the octogenarians who had it so lawyers, I know of no more than five women with partnership status.

• Seemingly nowhere in Japan is a nurse out of place. Case in point: the main attraction at the firm’s Christmas party was not the view of the city from the Tokyo Ritz, but a pair of receptionists in nurses’ garb who circulated about the ballroom carrying disturbingly large syringes and asking partners if they needed any “medicine.” hard, they can only hiss at the girl taking • Hello Kitty! There is up room by fixing her makeup in the no such thing as too cute, subway’s priority seats. too cuddly, or too indiMuch has been made of Japan’s lack vidually packaged and of diversity and its closed society. Howwrapped. ever, worlds do collide here, and at a • Sumo wrestlers are tremendously accelerated pace. Being a your fellow commuters, gaijin, I will never be as Japanese as the so make way! (lots of guy next to me chomping on a $65 way) burger and fries. But because of this, • Look left, look right, but most im- my view is objective as I witness firstportantly, look up. hand the rate of change. For anyone, • As a gaijin (foreigner), all conversa- from the casual observer to the closet tions lead to two questions: 1) “Can you sociologist, it’s definitely an interesting eat Japanese food?”, or more specifically, place. If you do plan on spending some “Can you eat raw fish?”, and 2) “Do you like drinking?” Answer in the affirmative, and you will achieve eternal fame.

Needless to say, the program here is great. But most of the real action takes place well away from the office. A short stroll anywhere in Tokyo should reveal a pachinko parlour, an izakaya, an ancient shrine, and a sushi joint. I’m even fortunate enough to have a view of Mount Fuji five minutes from my apartment.

Head into the mountains, and find some of the best skiing this side of Whistler.

Ride the bullet train to Kyoto, and discover that geisha are not just Hollywood glam acts with Chinese accents. Spend a Saturday night out on the town, and run into older women dressed in traditional kimono and younger girls dressed in…not much!

With its thousands of years of history

time here, though, just remember that the country will be different by the time you arrive, and different again by the time you leave. Oh, and one more thing…be sure to bring a bottle of Canadian Club for the partner in the corner office.

Otsukaresama desu!

ULTRA VIRES

First Year - from page 10

And don't even get me started on what is served at the firm visits and the banquet at the Welcome Day reception. My stomach has never been happier. For the students who made it out to Career Day, the amount of swag you'll receive from the firms can only be described as astounding – even though we probably won't use most of it. Thank you, Paul Weiss, for your cordless mice.

Lesson #4: It all depends.

On a more serious note, law school is what you make of it. I nearly passed on UofT because other law students warned me of its competitive mentality and lack of social activities. It only took me a day to realize how wrong this statement was, but it took me a few months to understand why such comments may also be true.

If grades are of paramount importance for you, UofT will allow you to stick your head in the sand, get that honours degree and watch as three years pass you by. But, if you want to revel in this experience – to feel the highs and the lows – you must take initiative and make room for something else in those 24 hours of your day. I sincerely doubt that there is a student in this school who only likes reading cases, treatises and journal articles. Take your interests, channel them and try to find people who will do the same. Join a clinic to see the law in practice. Go to that conference you might be interested in, even if none of your friends are going.

Play that intramural sport, or do something else unrelated to law in order to anchor your sanity.

The first year of law school is considered by most to be the initiation period. That being said, in retrospect, maybe I wouldn't ask Doc Brown to take me back in time in his DeLorean.

I'm quite happy where I am now.

MARCH 18, 2008

Degree - from page 12

... my friends. Only the clerks.

It’s also the year that your friends who are in the JD/MBA program suddenly reappear at the law school. It makes you realize how much you missed them in 2L as friends, and how little you missed

FEATURES

this year there is really no work involved.

But, the ability to re-establish those things which you enjoy doing outside of the law (if you enjoy the law at all) is so easy in a year where work finally takes a backseat, and likely will never be put on the backburner again in your career as a lawyer. For example, a huge chunk of

Third year: taking pretty picture

them as classmates, when they decide to provide an economic analysis for every issue in every class they attend.

But really, this year is the best thing for finally establishing balance in our lives. I would hate to use the cliché “Work-Life Balance,” especially because

my time this year has been spent on my photography and even though I will likely end up with a page of C’s in June, I could not be happier. I’ve been doing so much more than that too, and the only real concern at this point is whether I’ll be able to maintain those other,

“fun” aspects of life once articling and real life begins.

Oh, and this year I have been able to drink more than any other year, which clearly makes it the best!

Conclusion

So what can I say that I haven’t said?

Am I happy that I came to UofT Law? Yes – I made great friends, and did actually get a great education. Would I go to UofT if I were to make the decision again? Probably not. As much fun and as good friends as I have now, the tuition is ridiculous, there is no evidence that my money does much around here, the first year and OCI competitiveness is out of hand, and in all fairness, the school really has no good reason to think of itself as a Yale or Harvard of the North. But, am I happy I went to law school? I answer that one with a resounding “Yes.” No matter what school I would have gone to, I still would have come out with a great legal education, refining my abilities to think critically, analyze problems, and provide solutions which achieve results. Unfortunately, when it comes to UofT Law, I found there is just too much to criticize.

Travel - from page 13

15

the places you visit. If you are traveling to a developing country it may be worth researching similar organizations that work in or with your destination.

Before you go, a few tips: • Even if you are planning to stay in a hotel, couchsurfing.com is an excellent resource for meeting people. Many hosts would be happy to meet for coffee and give you advice on traveling in their city.

• Bring portable snacks and drinks with you. When you’re staying with someone else and you wake up hungry or thirsty you can’t just go into their fridge because that would ruin Canadians’ reputation for being polite. Cereal bars and juice boxes will get you by until you have had time to shower and go out to look for a restaurant.

• Consider bringing a gift for your host. If you’re not sure what they are interested in, bring maple syrup. You can’t go wrong with maple syrup.

• When you stay with a local, you will experience things you would not get to otherwise, but your trip may be much less predictable than that of a regular tourist. Keep your expectations to a minimum, respect local culture, and prepare for adventure.

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As legal careers go, international human rights is pretty damn sexy. Bay Street may be seductive, but the ‘human rights’ label has a caché that most other legal careers don’t – indeed, many of us were convinced to come to law school because of the ‘glossy brochure’ impact of U of T’s human rights program. The ‘good’ of human rights work, however, does not automatically flow from the label, and the superficial attractiveness of the enterprise makes it crucial that we carefully examine projects taken under the banner of human rights.

In many ways LIFT is one of the faculty’s most successful human rights initiatives. It has a large amount of community support and mobilizes significant financial resources. The films it produces showcase the laudable work of grassroots NGOs, and the project garners considerable mainstream media attention.

However, if you talk to students involved in the human rights program, including some students within LIFT, broad concerns about the LIFT model soon emerge. The general core of these concerns can be captured in an anecdote about Abby’s first encounter with LIFT. It was Orientation Week, and there were two guys at the table – both in suits, one in sunglasses despite being under the shade tent. She asked about the project, but the sunglasses guy could not tell her what organization they supported, how they chose the organization, how they chose what issue to document, or how the film was distributed. He could, however, tell her all about the gala, the Bay Street involvement, and the money raised. There seemed to be a disconnect.

Maybe this is an unfair basis for judgment – this exchange was a while ago, and as LIFT outsiders we might not have the first-hand knowledge or moral authority to act as critics. Still, after three years and lengthy discussions with previously-involved students, it is apparent that there are some fundamental issues.

Walking through the stages of the LIFT model raises several questions about what the goal of LIFT should be, and how to go about achieving these aims. While many of these questions are now being addressed by LIFT itself in a revisioning exercise, we still feel it is instructive to go through the project and point out, from a human rights and development perspective, where we see the potential ethical and moral pitfalls.

LIFT step one – choose an organization to support. There are a number of considerations at this stage. First, the selection criteria must be clearly set out.

The international aid business is booming, and abuse and misguidedness are common. Even discounting the excep-

FEATURES

Lifting up the LIFT Project

BY ABBY DENSMAN (3L) AND JUDITH RAE (2L)

tional examples of fraud, development students know there is no one ‘good’ way to improve people’s lives – the field is full of fad theories, ethical hazards and stories of failure. An international donor organization needs to confront the question of what it wants to support, and systematically assess potential recipients. Post-donation accountability is also problematic. It is very hard to monitor implementation from abroad, making the choice of organization even

rarely experienced in these areas, and although they may be capable of upholding such standards, in LIFT has not systematically grappled with these issues.

Furthermore, if the main benefit of the film is raising awareness, the distributional reach of the documentary needs examination. Although LIFT’s films sometimes show outside the gala, this is the exception not the rule.

LIFT step three – fundraising. Here we encounter a problem of input/out-

Third-year volunteer Graeme Hamilton working with a member of the Botswana Network of ple Living with HIV and AIDS in summer of 2006.

more crucial. By all accounts every one of the LIFT organizations does excellent work. However, systematic accountability issues need to be addressed. So far LIFT has used personal connections to ensure reliability – choosing organizations linked to someone’s girlfriend or an IHRP intern. This method, however, raises further questions regarding fairness and transparency.

LIFT step two – a law student makes a film to raise awareness. This year second-year law student Bryan Friedman undertook this task. Bryan, an experienced documentary-maker, was a perfect fit. In general, though, law students are not filmmakers, and documentary-making raises serious ethical and professional responsibility issues. Victim-sensitivity and confidentiality are particularly important in the area of human rights.

Ethical professionals in this field will be scrupulous about what they publicize, how they present it, who they do and do not name, and will consult and advise their sources about the potentially serious consequences of publicity. There are also journalistic standards of reporting and fact-checking. Law students are

put ratio. The first year of the project, the university promised $10,000 to fund interns traveling abroad with LIFT. This was more than double the amount received by the first beneficiary organization. Although faculty funding has not carried through every year, LIFT still gets considerable support from diverse sources – the IHRP, National Film Board, Bay Street firms, and in-kind gala donations. At the end of the day, the recipient NGO has received anywhere from $4,000 to $13,000, but this is only a portion of the total expenses. In some respects, raising money to throw a gala to raise different money is the name of the charity event game. Moreover, it is arguable that the publicity and increased awareness of human rights issues is an intangible, priceless benefit. Nevertheless, the value of LIFT’s fundraising deserves further debate.

The students and faculty currently involved in LIFT are aware of these issues and are currently confronting very difficult questions about the organization’s structure, goals and procedures. Both Sarah Perkins, Acting Director of the IHRP, and Jackie Vandermeulen, LIFT’s

ULTRA VIRES

current student coordinator, are actively engaged in a process of re-evaluating LIFT’s goals and how they can best be achieved, and the organization’s efforts at critical appraisal and discussions should be applauded.

Jackie is proposing an increased focus on advocacy and awareness-raising. One proposal would have the group spending one year working on a film, and using the same film the second year to raise money and awareness. While this 2-year cycle has yet to be approved by the LIFT group, arguably it would allow more time for a higher quality film to be made. The group is also prioritizing wider screening, and they are currently working at getting this year’s film shown in public schools. They are also considering building partnerships with film students and journalists, although the logistics of these partnerships have proven difficult in past years.

Increased student legal education and accountability might be furthered by building closer links with the IHRP. Choosing an organization linked with an IHRP intern allows LIFT to monitor the quality of the organization and how the money is being used. Further integrating the fundraising aspect with the faculty’s ongoing – and carefully supervised – human rights work may also alleviate some of the ethical accountability questions LIFT has so far had to face alone.

There are no obvious answers to Peoany of these questions, but engaging in this sort of constructive analysis is extremely positive. What model of advocacy, development, and legal education they eventually choose to pursue is an open question, and one best left to the IHRP Director and the involved students.

The lesson we, as outside observers and students interested in the human rights field, would like to draw from LIFT’s experience over the past few years is more general. A growing number of students come to U of T to engage in human rights work. The human rights field however is fraught with ethical challenges that need to be approached in an intellectually rigorous and critical fashion. Galas, publicity and fundraising are all necessary, but to be worthwhile the benefits and outcomes of such efforts need substance backing up the flash. As the IHRP grows in response to student demand, we hope that it carries forward this spirit of critical inquiry not just into the human rights issues it examines but also into its own activities.

LEG A L ISSU ES

Pandora's Box of the Balkans

BY ZORAN OKLOPCIC (SJD)

Pandora’s box was handed to the regional head of the United Nations Police in the northern Kosovo’s town of Mitrovica on February 25th 2008, during demonstrations against the independence of Kosovo. Of course, the symbolism of the Pandora’s box needs no explanation: recognizing independent Kosovo, initiated by the United States and powerful Western countries, may unleash the forces of separatism that will undermine the foundations of the international legal and political order.

Around the same time, the same message reverberated hundreds of miles to the north, in the Serbian capital Belgrade. Dimitry Medvedev - the soon-to be Russian president - addressing the press after the meeting with his Serbian counterpart, repeated the ominous prediction. Kosovo’s independence, according to Medvedev, will "destroy the international security [and] legal system, which mankind formed more than hundred years ago".

While the history will judge the accuracy of Medvedev’s warning, the tremors from Kosovo’s declaration of independence have been felt from the neighbouring Bosnia-Herzegovina, to South Ossetia, and the Basque Country.

For Condoleezza Rice, however, determining Kosovo’s status had nothing to do with law. Instead of invoking the authority of international law she asserted that some combination of the ethnic cleansing accompanying the breakup of Yugoslavia combined with the long period of UN rule made Kosovo’s independence sui generis.

Except for Albania which justified the recognition of Kosovo by invoking the right of the peoples to self-determination, other major Western powers which recognized Kosovo followed the American example. None of them grounded their decision to recognize Kosovo as an independent country in a norm of international law. Moreover, Kosovo Albanians’ Declaration of Independence itself, while referring to the “call of our people” and claiming that it represents the reflection of “the people’s” will, conspicuously omits grounding Kosovo’s independence in self-determination.

For many commentators, Kosovo re-

mained a neglected part of the Yugoslav political puzzle. Initially part of the socialist federal Yugoslavia, Kosovo enjoyed a wide regional autonomy within Yugoslav constitutional framework.

With the ascent of Milošević, the autonomy of Kosovo was diminished, while Kosovo Albanians, who, sometimes violently opposed that solution, were ruthlessly persecuted.

Kosovo Albanians overwhelmingly chose independence in the 1991 referendum. After the Dayton Peace Accords that brought peace to Bosnia, it became clear that the ‘international community’ would not impose a settlement on Serbia as a part of the package solution to the dissolution of Yugoslavia. As a consequence, in 1998 Kosovo Albanians rebelled. A NATO air campaign followed in 1999. From international law’s point of view, the intervention was illegal. NATO itself justified its intervention not by recourse to international law, but rather to the moral case for humanitarian intervention.

After two and a half months of bombing, the Yugoslav army withdrew, and NATO troops occupied the province. The UN Security Council then adopted a resolution establishing UNMIK (United Nation’s Mission in Kosovo), the civilian authority in the province.

While the United Nations had established provisional self-administration in Kosovo, the so-called Contact Group of U.S., U.K., France, Germany, Italy, and Russia has had the decisive say over the frame of the future negotiations in Kosovo.

For example, in the statement from April 2005, the group evinced three fundamental principles that needed to be respected in the negotiations over the final status of Kosovo. 1. The final status of Kosovo will not entail Kosovo joining another country or becoming part of another country. 2. There will be no return to the political arrangement before 1999. 3. Kosovo will not be partitioned.

In December of 2005, the Contact Group also spelled out additional principles for the settlement of the question of status whereby Kosovo’s development is to be fully compatible with human rights, democracy, and international law, oriented towards realizing a “European perspective” and...

Continued on page 20

New Dawn in Pakistan?

BY SANA KHAN

Nearly one month after Pakistan’s elections, the country’s third in its 60year history, the victorious political parties have settled major differences and have come together in a coalition that could pose a serious challenge to President Pervez Musharraf. Democracy has failed twice in Pakistan, ironically due to the corruptions of the same people who were just elected back into parliament.

The question now is whether the alliance between former prime minister Nawaz Sharif ’s Pakistan Muslim League-Nawaz (PML-N) and Asif Zardari, widow of the assassinated Benazir Bhutto and co-chairman of the Pakistan People’s Party (PPP) can overcome the divisions of Pakistani politics, not to mention their own mutual distrust, disdain and tendency to dip into federal coffers for personal gain.

The last democratic period, which saw the rule of both the PPP and the PML-N in parliament, was overcome with corruption, petty politics and personal vendettas that threw the country into a decade of political chaos and sectarian violence. These unlikely allies are now echoing the demands of civil rights advocates and a swelling lawyer’s movement in calling for the restoration of the judiciary sacked by President Musharraf when he declared emergency rule last November. Although this appears hopeful for democratic governance, the reality is that two party leaders widely perceived as criminals, neither of whom actually holds a seat in parliament, are working to uphold one of the few democratic institutions in Pakistan by using simmering provincial tensions as a bargaining tool.

The promising sign in the political game being played by the PPP and the PML-N is that it is, in fact, being played.

For the first time, parties representing Pakistan’s divergent provincial interests will work together, instead of against each other, on the national level. Party politics in Pakistan is not about ideology, but provincial dynastic loyalties.

The juxtaposition of feudal and party politics is a result of Pakistan’s hastily cobbled foundation.

In 1947, five provinces, each with their own deeply entrenched culture, language, ethnicity and politics, were thrown together during last-ditch negotiations between Mohammad Ali Jin-

nah’s Muslim League, Jawaharlal Nehru’s Indian National Congress, and the British government. Coming together under a federal formula the political elites of the Punjab, Sindh, Baluchistan, the Frontier and Bengal (now Bangladesh), grudgingly agreed to support a national party representing Pakistan at the centre, and this compromise was only reached because of Jinnah’s deft legal mind. Provincial leaders were unwilling to give up the autonomy they exercised under the British at the expense of reining in their distinct cultural ethos. However a strong central government was needed to somehow draw the new disparate political arrangement together.

Pakistan’s persistent governance problem stems from this unresolved power sharing arrangement between the centre and the provinces. As a result, political parties representing a clear provincial bias became a natural extension of competing nationalisms within Pakistan. In a society where tribal allegiance trumps national consciousness, party leadership remains a family affair. The Bhuttos are a wealthy landowning Sindhi dynasty. Benazir Bhutto inherited the leadership after her father, Pakistan’s first democratically elected prime minister, was hanged by General Zia ul-Haq after his military coup. With overwhelming popular support in Sindh, Benazir’s alternating stints as prime minister with Sharif and his Punjabi powerhouse the PML-N, pitted Sindh against Punjab. The rivalry was glaringly evident on a personal level as well – Sharif, an elite Punjabi whose family’s empire is based on that province’s strength in business and trade, had sided with Haq. This is why corruption-ridden Bhuttos, Zardaris and Sharifs can be extremely unpopular leaders of undeniably popular parties.

Coming together to form a government could be the beginning of a real national consensus.

But personal rivalries and the baggage of partition are not easily overcome. It is Sharif, who was ousted by Musharraf ’s 1999 military coup and sent to prison and exile, who is pushing for reinstatement of the judiciary. Zardari in contrast has stated that he could work with Musharraf as president.

Continued on page 20

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ECCK

20

Balkans - from page 17

... contributing to regional security.

Kosovo is also to develop as a multiethnic territory where minority rights would have constitutional protection and be able to govern themselves through a heavily decentralized administration. Specific safeguards were also to be made for the protection of the Serbian religious and cultural patrimony in Kosovo.

Direct negotiations between Priština and Belgrade based on these axioms – and not the norm of self-determination - began in February of 2006, under the aegis of the UN Special Envoy for Kosovo, former Finnish President, Maarti Ahtisaari. After fourteen months of negotiations, the Serbs and the Kosovo Albanians failed to reach an agreement. As a consequence, Ahtisaari suggested “supervised independence” for Kosovo, and submitted the proposal for a comprehensive settlement to the UN Security Council in April of 2007. The proposed settlement included in Annex I basic parameters of the future Constitution of Kosovo. It reserved ten seats in the future parliament of Kosovo for the Serb Community, and additional ten seats for the members of other ethnic, national and linguistic Communities. In Annex III, the Proposal envisages ‘enhanced municipal competencies’ which would give some, or all of the municipalities with the Serb majority additional competencies regarding, for example, “higher education” (Mitrovica North) the “secondary health care” (Mitrovica North and Gračanica), or “appointment of Police Station commanders” (all Serb municipalities). In addition, all municipalities have the right to establish mutual partnerships. They also have the right to cooperate, within areas of their competence with the institutions, municipalities, or governmental agencies of the Republic of Serbia. In the Attachment to Annex III, Serb municipalities were to be created or reconstructed out of smaller Cadastre Zones, so as to ensure Serb majority. In addition the Pakistan - from page 17

Full backing on the judiciary issue from Zardari rests on Sharif ’s agreement to let his party members become part of the national cabinet. This is Zardari’s attempt to share the upcoming challenges facing the new government with the PML-N and uphold the image of the PPP, while also gaining support in the Punjab. Similar negotiations are taking place in the provincial assemblies.

Both men could derive advantages from restoring the judiciary – Sharif is looking for ways to topple Musharraf, while the Supreme Court was always tolerant of the PPP. Charges against Zardari

FEATURES

Serb Orthodox Church enjoys special status in Kosovo and the new ‘protective zones’ are created around Serb Orthodox churches and monasteries.

Ahtisaari’s plan failed to garner sufficient support in the Security Council.

Faced with the threat of a Russian veto, the resolution, including the Plan triggering the independence of Kosovo, was never tabled for voting. Instead, the additional round of negotiations was scheduled in July of 2007 with a set deadline for reaching the agreement before December 10th 2007. Negotiations were held under the auspices of the EU, the US, and Russian Troika, chaired by Wolfgang Ischinger, a career German diplomat. After several rounds of meetings, the new round of negotiations came to naught. On December 7th 2007, in a report to the United Nations Security Council, the Troika stated that “the parties were unable to reach an agreement on the final status of Kosovo. Neither party was willing to cede its position on the fundamental question of sovereignty of Kosovo.”

What followed was well documented in international press. As Kosovo Albanians declared independence, Serbs reacted both by peaceful vigils and marches, but also by burning embassies and police check-points between the line separating Kosovo from the rest of Serbia. While war is highly unlikely, a real possibility remains that the conflict will spiral into a proper intifada, this time on the European soil, involving not only the Serbs and the Albanians, but also the Russians and the US. An international lawyer, however, will remember these events as one of the milestones in a slow demise of the vocabulary of self-determination, which serves as a dominant justification for creation of new states in the twentieth, but obviously not in the twenty-first century.

ULTRA VIRES

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is the student newspaper of the Faculty of Law at the University of Toronto.

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The University of Edinburgh were lifted last week, setting the wheels in motion for a by- election that could give Zardari, who is currently riding on his murdered wife’s last name, a seat in parliament and a run at the prime minister’s post. It may not be an ideal situation and it may be for the wrong reasons, but by being forced to cooperate and side with those fighting to uphold the rule of law, good governance can slowly begin to take root and old partition wounds can finally begin to heal. More importantly, Pakistan’s leaders will not be able to regress to their old ways.

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OPINIONS & EDITORIALS Students to faculty: where’s the beef?

A recent UV survey of student leaders confirms a marked discontent with the current faculty-student life in hallowed Flavelle. Third-year Kristen Courtney commented, “The Faculty in my undergrad program were way more involved, in everything from just going out for drinks with students, to organizing outings/events/etc.” When asked whether it was important for Faculty to be involved in student life, Emrys Davis responded, “Absolutely. [Faculty] have skills, experience, and personalities that can’t fully be shared with students in the classroom. Appearances outside the classroom provide an opportunity for students involved in activities with faculty members to get to know them and shows the rest of the student body that they’re approachable, real people.”

We wholehearted agree. In our opinion, UofT’s obsessive focus upon marks, examinations, and gradient ranking of students has created an ends-oriented culture that fails to foster an environ-

Remember the heady days of 2005 when U of T stood atop the law school world spitting on lesser institutions after victories at OCI hiring, Law Games, and competitive mooting? Well, sadly, other schools have upped their game and we can't seem to win anything but DLS cases nowadays. While we could have focused on the tragedy of this year's mooting season (“Where have all our Trophies Gone?” for example), we quickly realized that there was no point in bemoaning our losses to other schools when we still had one prize we could win: Most Internally Competitive Law School. Thus, we decided to pit the competitive teams against each other and pick winners. The winners will be showered with unending praise while the losers will be mercilessly ridiculed until our voices are hoarse.

Bertha “Braveheart” Wilson v.

Bora “the Head” Laskin

The only thing more exciting than mooting the Official Languages Act or the Federal Spending Powers Act, is mooting the two together. Sadly, that was the fate for this year's Laskin team of Daniel Braun, Andrea Lukatela, Chris Oates, and Mira Dewji, who with the help of coach Jean Murphy tore it up every night at the open bar to make the

BY MATHEW GOLDSTEIN (3L) AND ROBERT WAKULAT (3L)

ment of collegiality. Too many students feel that active participation inside and outside of the classroom is simply not rewarded, and as a result, they withdraw their energies from all but the least-resis-

Faculty then find it difficult to turn around and volunteer their energies to student life. No matter who is to blame for the gulf between student and faculty, the result is the same – the impoverish-

WHICH

WOULD YOU PREFER?

tant paths to results. In turn, many faculty feel alienated in their own classrooms, not to mention hurt, when students surf the web during lectures, download past notes instead of generating their own, and resist engaging in discussion and debate. It is no wonder that

ment of the student-faculty community to the detriment of all us.

Law Review Editor-in-Chief Alex Smith poignantly comments: “The classroom is haunted by the spectres of examinations, judgment, and summative evaluation, and in my experience it is

No mooting for old men

BY EMRYS DAVIS (3L) AND FRED SCHUMANN (3L)

best of a boring fact pattern. We hear next year's topic will be the National Flag of Canada Manufacturing Standards Act. Exciting.

a meeting place. Besides didn't he write the Charter? Or was that Ed Morgan? I get confused.

Fred’s pick: Wilson

UofT’s Securities Moot team (left to right): Ian Caines, Kathryn Esaw, Mark Myhre (coach), Vinay Sarin, Stephanie Couzin, and Brian Duong (coach).

The Wilson moot is always about equality law, so why do they even have winners? Never made sense to us. This year’s team of Paul Erik Veel, Jane Stewart, Laura Best and Nick Shkordoff won second place factum and did stunningly well in oral rounds against merciless competition. They also scored well in the after-moot hug-contest and sharing circle.

Emrys's pick: Laskin While I dream of waking up next to Bertha Wilson shouting “Freedom!” in my ear, Bora's more than just a man, he's

Emrys, you ignorant slut. Bora Laskin didn’t write the Charter—Lorraine Weinrib did, and her favourite Supreme Court Justice is…Bertha Wilson. Bertha Wilson learned to fight dirty on the cobbled streets of Kirkcaldy, which is, like, the Scarborough of Scotland. So I gotta go with the Wilson team, cause I gots to be straight reppin’ the S-bo. Deet deet!

Blackberries v. Brown bag lunches

In keeping with this year's theme, our Labour team of Aly-khan Sunder and

very common for students to lose sight of the Faculty as teachers, seeing them instead purely as evaluators. This makes Faculty involvement outside of the classroom more significant, because it signals a commitment to fostering learning.”

In the 2007 Law School Survey of Student Engagement (LSSSE), one question asked students to report how often they discuss readings with Faculty outside of class. The chart below tells the tale – ranking UofT significantly lower than all other schools in the survey group across all years. Attitude reflects leadership, and if the students at this school are accused of apathy, what can we conclude about the Faculty’s leadership?

Of course, students also recognized that many individual faculty members do go out of their way to help cultivate a student-faculty community. Professors Lorraine Weinrib, Jim Phillips, and Michael Code were singled out for...

CONTINUED on page 22

Sumrana Taher was obviously the better squad but unjustly deprived of a chance at the final – at least according to their assistant coach, Tammy Jacobson. In the end, those sailors from Dal took home the big prize. At least we don't have scurvy.

Impeccably-dressed dreams of a “four-peat” were dashed when the Securities team of Ian Caines, Kathryn Esaw, Vinay Sarin, and Stephanie Couzin finished a solid third, only a tie-break away from qualifying for the final. The mooters had no choice but to chase away the sour taste of defeat with delicate champagne bubbles, and dry their tears with hundred dollar bills.

Emrys' pick: Labour If I wanted a well-dressed Vancouverite with mad air hockey skills, I'd call up Ryan Reynolds. As it is, I'll stick with Labour. Only two mooters? It's just so efficient. Although, I hear they might have to go on strike to save their dental plan.

Fred’s pick: Securities Real lawyers know that “labour” is for blue-collar chumps and pregnant ladies.

At other moots, judges say “Time’s up”—but at the Securities moot they say “You’re fired.” You can spot a securities mooter because he’s the one...

CONTINUED on page 27

22

OPINIONS AND EDITORIALS

Portrait of an Academic Fundamentalist

BY ERIC LAVERS (3L)

Somebody recently called me an aca- peoples’ orthodox ideas onto exam pademic fundamentalist. Now, ‘academic pers. But up until then I mount my steed fundamentalist’ – there’s a label nobody and joust with windmills – just don’t call would self-apply these days. You see, me an academic fundy. ‘fundamentalist’ has kind of become a The structure of law schools must dirty word. It’s the word the sheep use seem like the Ninth Sphere of Heaven to deride the wolves, you know, a way to for the Indoctrinated. Put in a year’s excommunicate outside-of-the- worth of work, get grades you don’t remainstream systems of thought without ally deserve, use those grades to succeed the taint that comes with dropping at OCIs, work for a summer at the job words like ‘fanatic’ or ‘zealot’. That you don’t really deserve, develop a sense makes the label a pejorative one. of entitlement you can’t really defend, But the academic fundamentalist re- and then have your only contribution mains intransigent (read as: ‘fanatical’) for third-year be to ridicule the remainin the face of orthodoxy, a handy fea- ing few who don’t share in your arroture to possess because it makes us es- gance. It’s not all your fault though. The sentially immune to petty name calling. game you played was rigged. It was We’re not asking never yours to to be branded and win. marched in front Law schools of the firing spend so much “THERE ARE THOSE WHO squad. We just time on their THINK UNIVERSITY IS SIMPLY have ideas about knees, supplicatABOUT SHORT TERM how universities ing at the altar of RETENTION OF IDEAS should be adminBay Street or PRODUCED BY OTHERS AND istered at the instisome equivalent, tutional level. that the atmosTHEN THERE ARE THOSE WHO These ideas happhere they creTHINK UNIVERSITY IS ABOUT pen to be roundly ated no longer PRODUCING THOSE IDEAS.” rejected by the feels noxious. It’s vast majority of a self-fulfilling our peers. Yet we prophecy and it’s hold fast to these ideas anyway. We are boring. The only thing heavy emphasis fundamentalists after all. on grades encourages is to do the miniIt’s not all hyperbole though. We have mum work necessary to get the grades a very simple vision, one worth becom- needed to juke transcripts for the OCI ing tragic heroes for, I think. That vision season. The grades system then split is of a school that actually values learn- students into two camps. There are ing, not just regurgitating other peoples’ those who think university is simply orthodox ideas onto exam papers. I get about short term retention of ideas proasked all the time, ‘You still do readings? duced by others and then there are Why? Don’t you have a summary…’ those who think university is about proSure, I get and use summaries for all my ducing those ideas. exam courses, but not as a poor proxy The first group is called the orthofor doing actual work. I use summaries doxy and the second group are called because, at the end of the day, if I want the academic fundamentalists, though to get my B+, I have to regurgitate other we never self-apply the label, of course.

ULTRA VIRES

ulty in student life would undoubtedly go a long way towards creating opportu... their approachability, enthusiasm, nities for learning untainted by formal and dedication towards fostering a evaluation. shared experience with their students.

Dean Mayo Moran acknowledges the Professors Brunnée and Green are importance of fostering a community commended for their tireless support environment for both students and facof student-organized journals and con- ulty. “I think obviously the most core ferences. Arnie area for faculty Weinrib is saluted involvement with for his efforts to students is students bring the acaaround “... IT IS A NICE THING FOR and faculty todemic program FACULTY AND STUDENTS TO gether through inand around the CONNECT IN OTHER SETtramural sports. core of that proTINGS AS WELL, THOUGH Katie Clements gram where we (3L) comments, are often involved PROBABLY NOT EVERY DAY “I think it would in moots, clinics IN EVERY WAY. WE HAVE be great if more and projects that SEPARATE LIVES AND professors volunstudents have teered to coach THERE’S NOTHING WRONG going on. [But] I faculty intramural do think that it is WITH THAT.” teams. Professor a nice thing for Weinrib told me faculty and stuthat once upon a dents to connect time every single faculty intramural in other settings as well, though probateam had a professor as coach. It would bly not every day in every way. We have build a dynamic sense of community if separate lives and there’s nothing wrong that tradition were continued.” with that. Actually, I’ve been talking Unfortunately, Clements’ was disap- with SLS about it and we are co-sponpointed to find other aspects of her soring this special edition of Mayo’s school life lacking in faculty participa- Muffin Madness where the faculty is tion. “I am doing a competitive moot serving the muffins. That was an atthis year and I was surprised to learn tempt to find ways for faculty and stuthat I will never engage with a faculty dents to interact.” member during the whole process, deSorry for the downer, but it will take spite the fact the moot is for credit and far greater changes around here to crethere is a faculty advisor listed on the ate the type of collaborative atmoscourse list. I think it would be reward- phere students are demanding. Muffins ing to have academic input on the de- are nice, but we want some beef. velopment of a factum.”

According to Davis, this is a sentiment shared among the current crop of mooter: “I think that the competitive moots could use more support from faculty.” It’s not just mooting that would benefit - faculty support would lend knowledge and expertise to a whole array of activities crucial to a law school community, from student working groups to conferences, to lunchtime panels and discussions. As Alex Smith suggests, a greater participation of facBeef - from page 21

OPINIONS AND EDITORIALS

MARCH 18, 2008

Threading the needle of feminism

BY JENNIFER SIMPSON (1L)

The past two issues of UV have seen a debate regarding feminism, women’s choices, and male-dominated culture. As an ardent and seasoned feminist, complete with a degree in women’s studies and a hungry appetite for any discussion about feminism in this dry and desolate landscape of first year law, I read these articles with great interest. I agree, and disagree, with parts of both. I don’t intend to go through each article bit by bit and offer my opinion on every point; rather I’d like to engage with what I see as the larger, overarching debate.

First of all, I’d like to point out that these two op-ed pieces are some of the only exposures I have had to feminism in my first year of law school. The other exposures include a handful of lunchtime talks, a day-long symposium, and brief mentions about how courts generally take the “boys will be boys” approach to young male mischief-makers and tend to chastise young girls for doing anything remotely fun (thanks, Dean Moran!). Anything else to do with feminism has been male classmates asking me to educate them about feminism (not my job) and challenging me on the very fundamentals of what I tell them (as though feminism as a movement is up for debate), or casual discussions I have with my feminist-y friends. I very much agree with Imtenan when she says that there is a lack of feminism at our school.

Now, here’s the thing about feminism: it’s a social movement, dedicated to the idea that women are people, too. However, because women are not a homogeneous group, and have multi-faceted identities relating to their race, cultural background, religion, sexual orientation, level of (dis)ability, and class (to name a few), feminism is interpreted in different ways by different women, AND THAT’S OKAY. It makes feminism more personal, more accessible, more interesting, and ultimately more effective. The name of the game is solidarity, not around shared goals or even shared experiences, but around a shared context of struggle. Every woman (yes, every woman – even Hillary) is subject to gender oppression in a society that is male-focused, male-directed, and maledominated. THAT is the common bond to bear in mind.

I completely agree with Stephanie, Nandini, and Julie that feminism is, at its heart, about equality and freedom.

However, I’m going to qualify that and say that not every choice a woman makes is an empowered one, just because she decides to and no man is standing in her way telling her she can’t.

I don’t particularly care to criticize

women for their choices, because I don’t see it as helpful for the empowerment and advancement of women and I feel it undermines solidarity. Yet, I am not willing to blindly support any choice a woman makes. Why? Because we still live in a male-focused, male-directed, and male-dominated society. That is the current ideology that shapes and informs our lives as women. Sometimes it’s quite overt, and sometimes it’s more subtle – but it is still there.

That said, instead of criticizing women’s choices, I prefer to inquire about the reasons for the choices women make, to engage with them rather than judge them, and use my tools of feminist analysis to try to uncover any underlying male-biased ideology that might be informing those choices. It’s not the choice that is problematic; the problem is the social context of male domination, that places higher value on things that men do than on things that women do. THAT is where the focus should be – not on the substance of the choice, not on the procedural ability to make the choice, but how the underlying context of male domination affects the choice.

The discussion around the male-centric nature of law culture is really valuable and shouldn’t be ignored. Imtenan has a good point, that many of the opportunities for women’s equality have to do with process: whether there is a barrier to women’s participation in the same activities as men, in the same way as men participate, and this is not enough. Feminism is not about turning women into men. The point is not to remove any barriers to women’s participation in a male-centric system. The point is to change the system, so that it is more inclusive for men and women of all backgrounds, to pay attention to and acknowledge and respect the choices that come from difference, so that choices are not valued unequally. That is the hard part. And I think it’s why at least some of us are here.

So, why not start with each other?

Let’s keep this dialogue going – but let’s frame it in a different way, so it’s less about the substance of choices and more about the culture informing those choices, and how we can work to change it for the better. While we may be one another’s competition in some regards, we are also one another’s allies.

I, for one, am thrilled to have such intelligent, passionate, engaged, and dynamic women in my corner.

Feminism revisited

BY IMTENAN ABD-EL-RAZIK (1L)

Since I originally penned “Feminism at law school: alive but not well,” in the January issue of UV, the interest generated has taken greatly unexpected proportions. Although the response to Feminism was overwhelmingly positive, some also kindly expressed their reservations. I welcomed the possibility of a rebuttal article; however, as a chance to productively continue the debate.

I began Feminism by expressing my disappointment at the cheerleading at November’s charity basketball game.

Confined to a single paragraph, it wasn’t a personal attack but a general comment of disdain at any activity that objectifies women (or men), let alone those which take place at law school. Nonetheless, the cheering was characterized as “the basis for a feminist tirade” in my colleagues Stephanie White, Nandini Somayaji and Julie Breau’s February rebuttal “Memoirs of a cheerleader.”

While I disagree with most of the views expressed in Memoirs, I have always been accepting of the fact that people have different concepts of feminism. I had nevertheless taken for granted that a rebuttal could make strong opposing points without need for insults and mischaracterizations. In none of many discussions on Feminism was disagreement ever accompanied by accusations of my being an egregiously erroneous, confused, ideologically oppressive reverse chauvinist with personal stereotypes feeding my narrowly construed vision of ”‘the dignified woman.”

I am at a loss as to what part of Feminism made any mention of how “a dignified woman should…act in order to gain the respect of her male counterparts,” or a “yearning to be accepted by our male colleagues.” The references are simply non-existent. My comments were all institutionally directed, and though the ‘dignified woman’ never appeared in Feminism, I would offer that far from carrying any negative connotations, dignity is a manifestation of self respect, independent of gender or gender relations. Memoirs also criticized examples of what I consider male-centric culture, asking “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 practicing corporate law?” I would only refer to the penultimate paragraph of Feminism, in which I clearly acknowledged that possibility.

On the topic of my discomfort with our faculty’s traditionally male party cul-

23

ture, my colleagues advanced the idea that drinking is “not gendered by nature… [but] can have gendered effects when exasperated by cultural differences,” an argument I respectfully find implausible. While I acknowledge that my aversion to alcohol is partly informed by religiously mandated teetotalism, to characterize drinking as having gendered effects only when culture enters the picture is fundamentally inaccurate.

A scientific study published in Addiction and authored by 27 international researchers (Wilsnack et al., 2000) states: “At a time when research has challenged many supposed gender differences in behaviour, the consistency of gender differences in drinking…is a striking exception. Every major quantitative study comparing alcohol use or abuse in different societies and cultures has confirmed that men exceed women” (emphasis added).

As a practical illustration, I recently perused the student society website of the university’s Faculty of Social Work, which has a student body over 90% female, finding only two alcohol-related events this term (or about four annually). At our faculty, SLS pub night alone is roughly 32 events a year, plus dozens of other proceedings. To suggest that ethnic or religious culture is behind this monumental difference and that thousands of women over the years have come to law school and found that they coincidentally love things the way they’ve been for decades, simply defies logic. Moreover, the religious injunction alluded to is not gender specific, and thus can’t precipitate “gendered effects.”

Memoirs described the orientation bowling night and faculty dinner as the best examples of attempts at accommodation. While I appreciate the concession that a problem exists, in fact, neither of these events were dry. The bowling night description in the orientation guide reminded students to bring money for the bar, and at my faculty dinner, the table was treated to unlimited wine. Conversations with classmates of different backgrounds reveal that many are indifferent or similarly uncomfortable with this monolithic approach to school events and would welcome a social agenda recognizing a variety of preferences.

Similarly misguided is the idea that “exceptionally bright and tenacious” women are immune from the effects of prevailing male atmospheres (“we are simply not that vulnerable”). If that were the case, it wouldn’t have taken 232 years for our southerly neighbours to field a serious female candidate for the presidency. These all too common...

CONTINUED on page 24

OPINIONS AND EDITORIALS

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Letters to the Editor Dear UV,

Like many of my peers, I approach the study of law as an insurance policy, and my true ambitions lie elsewhere. Put simply, I ache to write epic. Not in the convoluted and circuitous style of an Ezra Pound or a Charles Olson, but in the measured an august manner of Virgil.

For years I have searched for a fitting metropolis in need of a poet to give epic form to its foundation myths. Foolishly, I began with London, only to learn after months of toil that my efforts were indistinguishable from the forgotten efforts of the last Elizabethan Age. New York already had Walt Whitman, and every other city I explored lacked the justified self-absorption that imperial epic requires.

You can imagine then, dear reader, how my heart leapt when a sign at Pearson International Airport informed me that “all roads lead to Brampton”! Here at last was a city with poetically unexplored imperial pretensions that cried out for epic treatment! I set to work immediately.

After much toil and struggle, I am now ready to share with the readers of Ultra Vires the proem to my Brampton epic.

Yours truly, Alex Smith

The Proem

Fly low, Dear Muse; ark from the heavens high To lift me in my song, alighting where 410 flows from the steely north and sinks In th’ eastward surge of teeming 407.

There wilt thou find me, Muse, flam’d with desire To join with thee in singing sacred Peel And crowing Brampton with eternal rhyme, That men unborn, commuters yet untongued, Shall ululate your causeways broad and sure According to the measured lines we here Set down;-- yea, ’til the overpasses fall.

Descend, Oh Muse! Oh hear me as the turnOff nears!

Again the grey dawn is broken By the sun, soft’ning hoary grizzled frost On ’7’s glistening great broad back, loosing Motes, compromising visibility.

These sights I know. Morning on morning they Are mine, as the Muse demurs.

And yet! My Heart discerns a Holier Fire! Unseen, Heard now as pulsing descant rising, it Lifts me gentle as a ramp t’wards song, so High that I can clear discern the ’Ssauga To the South! The subdivisions fall in Pattern, and now I see our song unsung!

Our argument, entire, is nestled in My eye and on my tongue. With me now, Muse, Our voices one, let us sing of Brampton.

ULTRA VIRES

Feminism - from page 23

...discrepancies cannot possibly be mere statistical anomalies. Given that most public, academic, and economic centres of society were historically designed by men for men, it’s entirely realistic that women would face hurdles, and if we truly see ourselves as equals, we shouldn’t feel any apprehension in pointing these out for remedy.

Memoirs also criticized my unease with self-congratulation as a lack of school spirit. Indeed I am very proud of our school, but for somewhat different reasons. Support since Feminism has been overwhelming, coming from many classmates (male and female), upper-year colleagues (including some I had never met), and even a female professor who wrote to me sharing that many faculty have long held concerns on the pervasiveness of the problem. I’ve also been made privy to the efforts Women and the Law and the SLS have been making to address some of the issues I originally fielded. While I wholeheartedly share my colleagues’ pride in our stellar academic reputation, these genuine gestures of concern and support make me much prouder to attend UofT Law than impressive entrance or articling statistics.

In Memoirs, feminism was characterized as fundamentally about freedom and equality. I can accept that but would add a secondary stage of critical analysis where we ask ourselves what demonstrable benefit to our quality of life will come from how we exercise our options. Respecting the right to make choices doesn’t mean every choice made has equal merit, or that any choice should be “absent of criticism,” a proposition that would eliminate all discourse (including Memoirs). Moreover, a basic theme in Feminism was lack of choice, essentially rendering freedom meaningless.

Rather than magnifying superficial differences of “culture” to marginalize and stereotype one another, we should recognize that despite inevitable multiplicities, we fundamentally have many of the same goals, the most crucial I would argue being the fostering of a society that in every sphere of private and public life respects women as capable, intelligent human beings equal (not identical) to men.

And while I’m sincerely pleased that my colleagues have found their time in law satisfactory and wish them well in their closely impending careers, their experience is not universal. If the existing body of statistics, scholarship, and my many conversations with law students and graduates are any indication, there is a strong contingent of women who aren’t as comfortable, and would rather change the system than have the system change them.

Initiating change doesn’t negate recognition of the great strides made by women before us, who would undoubtedly expect us to carry the torch they lit as far as we can. As the most pervasive qualm originally cited in Feminism, party culture has dominated the discourse, unfortunately to the exclusion of other important issues. There is still much to be done, but as a collective of equality and justice-minded women, none of our goals will be advanced as long as we continuously derail one another’s efforts. In the spirit of the recent International Women’s Day, perhaps we can all take inspiration from the African proverb “when there is no enemy within, enemies outside cannot hurt you.”

MARCH 18, 2008

While I can practically taste the resentment oozing from current and imminent articling students (and as well from a number of Law Society benchers) the reality is that current (and future) law students would be best spared from the practice of articling.

Unfortunately, as I find myself in a discipline in which “precedent” (i.e. mere historical occurrence) is somehow elevated to the status of “argument,” I hope I can be forgiven for holding what I fear may be a somewhat unpopular and iconoclastic position: The practice of articling is bad for Ontario, it’s bad for Canada, and it’s bad for us, the law students.

A rapidly expanding shortage of articling positions:

The LSUC Licensing and Accreditation Task Force Consultation Report (“Report”) states that there already exists a significant shortage of articling positions in Ontario. The situation is expected get worse as existing law schools expand class sizes, more foreign-trained lawyers immigrate to Ontario, and Laurier and Lakehead threaten… er… intend to open new law schools.

Historically, there has been a small an-

OPINIONS AND EDITORIALS

Good Riddance to Bad Rubbish Let’s Abolish Articling and Dance on its Grave

BY ARI DAVID KOPOLOVIC (2L)

So, as I see it, under the present articling regime, the story seems to be as follows: there are too many new grads, but worry not, we’re shunting a tiny fraction of them (usually the top ones) to NYC to alleviate the glut here. Wow. Sounds like a good solution to me!

Now, admittedly, I’m still a student and as such have not yet been afforded the honour of being an “articling student.” But I’m going to hazard a guess that it comprises work suspiciously similar to the work of “first-year associates” in NYC. No US state has articling, and the sky – surprise, surprise - has not fallen. True,

“THE PRACTICE OF ARTICLING IS BAD FOR ONTARIO, IT’S BAD FOR CANADA, AND IT’S BAD FOR US, THE LAW STUDENTS.” nual shortage of articling positions (approximately 65 candidates per year) not counting those candidates from previous years still searching (see Report Appendix 7). It is estimated that by next year, there will be about 1,300 articling spaces in Ontario. However, the anticipated ‘supply’ will be 1,733-1,833 registered candidates, leaving at least 400 without articles for 2009/2010 (Report Appendix 7). This number can be expected to grow as an army of unplaced candidates amass year over year; many of them lacking the courtesy to just disappear into the ether after having invested seven years in their undergrad and law school education.

It gets worse: In addition to the fact that there are more JD/LLBs graduating each year than there are articling positions, Ontario is losing some of its top new grads to places such as New York City. Naturally, I speak in generalities when I say that –to a great extent– the best and brightest Ontario law students tend to flee in droves to NYC. I acknowledge (and have genuine conviction in the opinion) that this is not universally the case, but the phenomenon does indeed exist.

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some US firms may complain about how incompetent the new associates are, but I have little sympathy for them. If law schools don’t teach the needed skills, then firms exploiting… er… employing them for those grueling first several years can reasonably be asked to assume that burden.

Articling Makes Ontario a Less Competitive Jurisdiction: The Reverse Delaware Effect

Think of the economics of the situation: even if we ignore the fact that the NYC firms pay more than the Canadian firms, Ontario would *still* be a relatively less-competitive jurisdiction for possessing the additional requirement of articling before being able to practice.

If you don’t believe that eliminating articling will make Ontario a more attractive market for law grads, just see what will happen if it eliminates articling before other provinces do; Ontario will experience a “Delaware effect” in the market for law grads. We’d be flooded with law grads from across the country, leading to a glut of grads and not enough jobs even without articling! Fortunately, other provinces would likely

follow suit right away, or be confronted with the prospect of losing their best grads to Ontario.

Comparative Stupidity:

The “comparative law” argument in support of articling is unconvincing: if the UK jumped off London Bridge, would you? Canada basically has a system in which it takes longer to become a lawyer than almost anywhere else in the world. This is what renders the OntarioUK comparison utterly worthless.

In the UK, law is a three-year undergrad degree. People can afford to article or whatever for a year or two. It takes longer to get a bachelor in sociology than it takes to get a law degree! Here in Canada, by the time we’re done law school, we’ve invested at least seven years; would it be so bad to call us associates?

A look at the Options Presented by the Task Force: Option 1: No Guarantee of Placement:

“Continue the program, but make it clear that the Law Society makes no guarantees that candidates will find employment” (Report p. 33).

“HERE IN CANADA, BY THE TIME WE’RE DONE LAW SCHOOL, WE’VE INVESTED AT LEAST SEVEN YEARS; WOULD IT BE SO BAD TO CALL US ASSOCIATES?”

AKA “Do nothing.” Well, there’s a real *value-added* solution. We’ve already done nothing, and it sucks. AND, we’ve already *acknowledged* how much this option sucks.

Furthermore, I’d argue that nobody reading that disclaimer before entering law school would appreciate the significance of it; there’s sort of a tacit understanding that if you go to law school you’ll be able to work as a lawyer. I think that there must exist some sort of duty

(in equity) for the LSUC to get you articles. I know how the economics of the situation works: if there aren’t enough positions, then there should be fewer applicants to law school… right? Well, there are about five times as many applicants as positions in total, aren’t there?

Do you think that applications would go down so much? Probably not; it’s probably just the quality of applicants that would decrease.

Option 2: Articling or a Practical Legal Training Course

This one’s a whopper. “Continue articling but let those who don’t get a placement go to ‘Special Ed’ Articling School (the “Practical Legal Training Course.”)

This would stratify the profession into two “classes” of lawyers: those who articled at firms and those who had to undergo the humiliating process of second-rate, opt-in, remedial articling which they would have to pay for. And woe betide s/he who hath undergone this “Practical Legal Training Course” should s/he be foolhardy enough to think that s/he would ever get a JOB after taking it.

Oh, and the Task Force said that they can’t find anybody willing to teach this “Special Ed” course anyway. Next.

Option 3: Abolish the Articling Requirement

Abolish articling? But the world might end!

Option 4:

“There IS… another option…” Not really. In fact it’s just a catalogue of halfbaked options. Here’s my favourite: “[Shorten] the articling term to five months, with the thought that firms who took one ten-month student would take two five-month students” (Task Force report p.42).

Did anyone think about that before they wrote it? For even a second? What’s the other five months to be called, “the long vacation”? And how would you find out of you were re-hired by the firm you articled for? You’d have to wait until the end. Shortening articling does nothing to alleviate the problems with it.

Conclusion:

Overall, articling is mostly just a waste of time. This anticipated shortage of articling positions, however, is a beast of a different nature. This shortage is not in fact the *cause* for concern. It is but a *symptom* of the larger issue; it is the gauge by which we can observe the silhouette of another, more troubling phenomenon looming ominously on the horizon: there are too many goddamn law grads for our economy to sustain.

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OPINIONS AND EDITORIALS

ULTRA VIRES

UofT’s Commitment to International Human Rights: What the hell are we talking about anyway?

When asked upon coming to law school three years ago what sort of law I wanted to do, and why I chose UofT to do it, the answer was clear: “Why, international human rights law,” I’d say, “and UofT’s fine international human rights law program, of course.” If pressed on what exactly international human rights law was, my answer was far less certain.

In the three years since, I’ve learned a lot. I learned that I liked saying that I wanted to be an international human rights lawyer because it sounded sexy and not because it actually meant anything useful. I learned that international human rights, while representing things I believe in, is often a fairly weak area of law consisting of only a few human rights instruments and paltry enforcement mechanisms. Slowly, but surely, I’ve learned that the issues implicated in what we broadly refer to as human rights (but could probably be more usefully described in terms of equality or international justice) are addressed in a wide range of subjects, none of which specifically refer to international human rights.

“International human rights” does not mean what I thought it meant.

So three years on, I’ve had to reassess what I mean when I say international human rights, and what sort of experience one reasonably can expect a law school to provide. Frankly, UofT does not do a particularly good job of providing a coherent international human rights program. At the moment, the IHRP is a rather nebulous collection of internships, speakers, working groups and the clinic. Hell, there isn’t even a recommended course list.

But at the same time, once I discovered that what I was actually interested in was issues of international justice and equality rather than international human rights, I found that UofT is actually a pretty good place to learn about this stuff.

Prado and Cossman teach us about how to do international development better; Trebilcock and Green advocate for smart links between trade and human rights; Rittich critiques international financial institutions and their impact on women, and labour law more generally; Johnson reminds us of the colonial roots of many instances of injustice worldwide and in Canada; Langille worries about international labour rights and asks what the ILO can contribute to the struggle to provide decent work everywhere; Knop

BY CORY WANLESS (3L)

introduces feminist and theoretical per- and UofT rather than NGOs and stu- into the ubiquitous, easy, and over-emspectives to our understanding of inter- dents and perhaps think of introducing phasized corporate law path. And it’s national law; Brunnée focuses on credit for work done. worth remembering that if you do want arguably the most crucial law of all – inThe International Human Rights to do this kind of work – well, this is alternational environmental law; Morgan Clinic is currently too small and too ways how it’s going to be. can provide perspectives on interna- popular for its own good. With only six Overall, I had a pretty damn good extional criminal law; Nedelsky and Cook JDs gaining entrance every year, demand perience at UofT. This semester, I have teach about and critique actual interna- by people deserving into the clinic far only two hours of class a week (Adtional human outstrips available vanced Topics in International Human rights law itself, spots.

Rights), and spend the rest of my time while Bhuta reFinally, there are thinking about corporate accountability minds us not to “IT’S WORTH REMEMBERING always concerns in the developing world, how to end take human rights about finding jobs forced labour in Burma and working on THAT IF YOU DO WANT TO or human rights when finished, and a land rights claim for the Maya people DO THIS KIND OF WORK – lawyering (underthough the CDO of Belize. And through an IHRP workstood narrowly) does try hard, more ing group, I am helping people in ZamWELL, THIS IS ALWAYS HOW too seriously; and institutional sup- bia stand up to Canadian mining IT’S GOING TO BE.” finally Robinson port could be given companies. I haven’t written an essay on and Erdman, to help students a topic other than social justice since through various find careers that are first year, and I leave UofT with a list of clinics, provide the opportunity to actu- outside the mainstream (though part of courses that I wish I could have taken. ally engage in what we have learned the problem, it must be admitted, is a And to top it off, UofT has paid for me above in a real world context. general lack of jobs in the area). to go to Zambia and Belize, and will pay Once “international human rights” is Generally, if you’re committed to for me to watch Profs. Audrey Macklin given a broader meaning, it appears that these issues, you’ll have a tough time and Nehal Bhuta fight for the human much of this learning can and must hap- using up all the resources and opportu- rights (writ large) of Omar Khadr at the pen outside of the IHRP. nities available. It does take that com- Supreme Court later this month. I’m acThat is not to say that there couldn’t mitment, though – you have to look tually not quite sure how I could have be improvements made to the IHRP. hard, think hard, work hard, a lot harder had a better “international human Indeed, I think UofT succeeds at inter- than you have to if you want to fall back rights” experience. national human rights somewhat in spite of itself, especially considering the relative lack of attention it is given at the faculty level. The IHRP consistently punches above its weight in terms of reBY PAUL KARVANIS (2L) cruiting some of Canada’s best and Friends, students, countrymen, lend significant repercussions in their brightest, but struggles in terms of me your ears; I come not to praise a budget and thus, significant repercusfunding in comparison with other cenreferendum but to explain it. The SLS sions in the SLS’ budget. Also, the tres (I hate to say it, but no one comes to plans on holding a referendum to raise first years pay an additional $50 to go UofT specifically for DLS, but people student fees at the same time as the directly to Orientation; it would be do come specifically for the IHRP and SLS student elections. preferable to leave Orientation money IHRC). I have heard word that next year, for Orientation and not rely on it for What is it? the IHRP will efThe referendum is for a student fee the rest of the year. fectively only be increase of $10, to increase the fees we Why have we not needed it bestaffed by the clinic pay from $70 a year to $80 a year. This fore? director and there fee is paid along with your tuition and This year the SLS survived without are good reasons to incidental fees at the beginning of the the extra $10 a person because of the be worried about year. surplus from Orientation. Last year the relative health Where will the money go? the SLS survived because they ran a of the clinic in the The bulk of the money is intended deficit of over $10,000. If the SLS is coming years. With for student clubs. In the fall, we were to provide services at the same level such a critical lack only able to grant about $8,400. That next year, it needs more money. of manpower, it is was roughly 45% of student groups’ Shouldn’t events just be user impossible to adfunding requests (a shortfall of about fee? dress everything $10,000). In the winter, we approved This model works for Law Games that needs attenanother $5,800 for clubs. and Law Ball. However, it would be tion.

Will we need that money for logistically difficult to collect money The working groups at the moment next year? for a speaker series or lunchtime event, are in a bit of disarray, and are in need not to mention the detrimental effect The money we had this year largely of institutional support to make them it might have on attendance. came from a $6,000 surplus on Orienstronger and more credible. For examtation.

If Orientation does not run a ple, it would probably make sense to If you have any questions about the refersurplus next year, then the SLS will have an approval process for working endum please contact pkarvanis@gmail.com. not be able to offer nearly as much groups to ensure consistent quality Get out and vote! throughout the year.

Orientation runs amongst groups, increase faculty supa budget of around $45,000 – a small port and contacts, work on building perfluctuation in firm funding could have manent relationships between NGOs

SLS Referendum

MARCH 18, 2008

OPINIONS AND EDITORIALS

As one man steps down, someone must step up.

“Do the people’s work.� Join UV for 2008-2009 Available positions: -Co-Editors-in-Chief -News Editor -Op/Ed Section Editor -Legal Issues Section Editor -Features Section Editor -Diversions Section Editor -Productions Directors -Business Manager -IT/Website Manager -Copy Editors -Gamesperson -Staff Photographer

Moot - from page 21

...with slicked-back hair, yelling into a cell phone about lock up options, greenmail, bear hugs and Pac-Man strategies.

Don’t worry about finishing third, babies. If he were alive today, Chris Graham would be rolling in his grave—with pride.

The Prestige (or The Taking-itWay-too-Seriously Sweepstakes or The 2008 Grand Moot Faceoff)

Multiple awards in a moot? Must be the Jessup where even in this off-year, our team of Michael Rosenberg, Peter Senkpiel, Kiran Patel, and Jelena

missed the finals. In other Gale news, a suspicious 50% of the teams that made the finals were from New Brunswick (UNB and Moncton). One time, Fred’s family was driving through New Brunswick and they saw a Hell’s Angels convention. Coincidence? We’ll leave you to draw your own conclusions, gentle reader.

Emrys' pick: Jessup Sure they can come off as arrogant but if you want to be the best you've got to act like everyone else is worse than you. Anybody can write a factum but a “Memorial�? That takes real skill. Plus, I like my mooters tough and these guys had to go to Saskatoon. In March. ‘Nuff said.

Fred’s pick: Gale I’ll wager the Newfoundland charm of Michael Collins and the used-car salesman charm of Mark Graham against those sneaky Jessupers any day. Besides, everyone knows international law is just made up stuff.

Yeah, go and cry to the U.N. about it!

Emrys and Fred: our very own Statler and Waldorf.

Madunic managed fourth place overall and fourth place memorials. Kiran scored himself a 10th place oralist award while Jelena was the best oralist in the championship round.

The Gale team of Mabel Lai, Michael Collins, Philippa Geddie and Mark Graham had an excellent performance but were “arbitrarily detained� and barely

Well if we can't agree on an overall winner at least we can agree that all these teams stood to be overwhelmed by the awesome power of the Callaghan. With a full contingent of 16 UofT mooters, the Callaghan's like Prof. Code when the end of class rolls around: it just can't be stopped. Oh well, as Maple Leaf fans everywhere are aware, there's always next year.

27

Send a statement of interest to ultra.vires@utoronto.ca Please reply by March 25th.

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28

In the January issue of Ultra Vires, I wrote an article summarizing my experiences on exchange in Hong Kong. The intent of my article was to provide a humorous yet realistic look at what the exchange program at the University of Hong Kong meant to me, and the type of experience it provided. The consensus, from what I was told, was that not only did my article reflect similar experiences of my colleagues who attended exchanges elsewhere, but also that people really enjoyed the casual approach I took to examining an exchange which is expected to be for academic purposes only.

About a month later, I received an email requesting that I attend a meeting with one of the Dean’s Representatives.

At this meeting, I was told that there had been some concerns in the University of Toronto community and elsewhere, and that my article had made a mockery of the exchange program by detailing the fact that I had a three day per week schedule, did the majority of my work in the last two weeks of the semester, and used my free time to travel around Asia (all of which I was perfectly entitled to do, and would have been similarly entitled to do here at the University of Toronto Faculty of Law). To imply that I singlehandedly had jeopardized relations with HKU is to truly and inappropriately extrapolate from a minor and likely unnoticeable article, and is completely offensive and unreasonable.

However, to suggest that I had done something wrong – by fulfilling the requirements of my exchange while, at the same time, managing to fit in as much travelling as possible by creating a three day school week for myself – is completely inappropriate, particularly when many students here at the University of Toronto do the exact same thing and face no repercussions or criticism for doing so. It is apparently perfectly alright with the administration here to fail to attend any classes, cram in the last two weeks of a semester, and then get a B+ on a final exam. What I want to know is what makes that wrong abroad? Surely, it would be, and was, hypocritical of the school to suggest I was erring by doing so, when I would have been entitled to such behaviour over here. I expect the administration would debate such a point, but if they should choose to do so, then maybe some changes need to be made to school policy here at the University of Toronto, before it is expected that students go above and beyond the normal requirements, simply because they are abroad and are expected to be “ambassadors” of the University of Toronto community.

I should also add that how I choose to represent myself as a student of the University of Toronto, in Canada or elsewhere, is perfectly up to me. It’s no

OPINIONS AND EDITORIALS

Self-censorship at Ultra Vires?

BY JORDAN NAHMIAS (3L)

secret that many students here do not like our school. Is it a surprise that many law students drink or do drugs, possibly because of the insane work load and unforgiving school environment to which we have subjected ourselves? What about the fact that unless a school event is serving alcohol, many students do not feel the need to attend? What about the fact that even though we have a women “Trailblazers” exhibit in the halls of our institution, more and more women feel marginalized at our school, and in the profession we represent? I don’t know the answers to these questions, but surely, if my implications about these questions are true, the school has more things to worry about than one satirical article I wrote about my exchange in Hong Kong.

I was also questioned as to my attendance record at HKU, and then informed that my attendance records had been investigated by UofT without my being made aware of. I am not insisting that the school ought to have asked me before doing a background check – I’m just saying it would have been nice to see an appreciation for the possibility that a student might be in just as good of a position to answer those types of questions. A little bit of faith in the students’ ability to represent the University of Toronto well, or even fulfill the requirements of the exchange, might go a long way.

Of course, the allegations which were made or implied against me were not appreciated. And, to be frank, there is nothing I would like to do more in this article than unleash a barrage of criticism against the administration of this school. However, the way in which this meeting affected me on a personal level, underlies a greater issue. The words of my humorous article were taken out of context in an attempt to incriminate me.

Not only is it unfortunate that the members of our established and well-respected academic community felt the need to apply verbatim my words in a manner for which they were clearly never intended. For example, when I suggested that I had “never” gone to class, it could not be reasonably believed that I actually never went to class at HKU, yet still managed to understand and apply the material in a way which earned me sufficient marks to fulfill the requirements of the exchange. However, those who have criticized the article applied those words to accuse me of actually never attending

any classes, and instead, cheating my way through the almost five months of which I attended HKU. It is also more regrettable that I, as a writer at a school newspaper, might now feel compelled to limit my ability to express myself, humorously or not, for fear of my words being used against me by members of the school administration.

This type of “chill effect” (a term familiar to all students from the early days of first-year Constitutional Law) has often been a significant policy concern, enough so to decide varying legal cases in different ways.

As was made clear in Irwin Toy, the purpose of Section 2(b) of our Charter includes the protection of free speech, which is anything that conveys or attempts to convey meaning. Moreover, those restrictions which limit expression based on its content, as opposed to limiting expression in certain places, are more likely to qualify as violations of that fundamental right which all Canadians have.

Of course, as law students we are aware of when and why limitations on freedom of speech are justified. Critical cases of such limitations have included child pornography and hate speech.

Both can cause serious social harm, and thus, limitations are appropriate where there is a pressing purpose involving various social policy concerns, the risk of harm, and so on. Nevertheless, in R. v.

Keegstra, the Supreme Court of Canada held that although hate speech is often not true, the state should not be the arbiter of truth, and therefore, we should not ban untrue speech, as this is part of the marketplace of ideas. In a similar vein, the dissenting judgment maintained that although harm may result from the hateful speech which was in question in Keegstra, a law which would severely and over broadly restrict such speech, true or not, might very well cause a chill effect, thus leading to self-censorship and a fear to express oneself freely.

Now, I’d like to be clear about one thing: I am not directly comparing my own incident to those dealt with in the cases mentioned above. It is clear that my article did not involve such serious issues capable of causing harm, nor does this instance involve the constitutionality of any legislation being applied. Furthermore, I do not wish to make it such an issue. Although I think this instance is a valid reason for concern at a law school, I would rather not blow it out of proportion.

ULTRA VIRES

However, I do think that certain principles outlined in Keegstra, Irwin Toy and elsewhere are applicable here. For example, my article contained both truths and satire in an attempt to create a lively and funny account of my exchange. Some might take that as irresponsible reporting, while others might see it as a vehicle by which to mock the University of Hong Kong. Whichever way it was taken, we know from Keegstra that false speech is protected, as is true speech.

Without both contributing to the marketplace of ideas, it would be increasingly difficult for those participating in such a marketplace to come to their own conclusions regarding what they hear, see and read.

Additionally, the very fact that my article conveyed a host of meanings (imagined or not) regarding the exchange program at the University of Hong Kong is reason enough for my article, as a form of personal expression, not to be interfered with on the level that it was. I should not have to regret writing such an article because of consequences which crystallized, inappropriately, in a meeting with the Administration. Nor do I. I simply believe and insist that I and my colleagues should not be receiving an education in an environment with an administration which apparently fosters self-censorship, instead of encouraging the proliferation of ideas, legal and otherwise, at a school which teaches as part of a fundamental legal education the freedom, right and privilege that we have, as Canadian citizens, to express ourselves without fear of state or administrative interference.

It is unfortunate and sad that at one of the leading law schools in Canada and North America, a familiarity with the chilling effect which could result from administrative decisions such as this, is not apparent. Rather, it appears that a decision was made without any regard for the possibility that self-censorship and a chill effect could result from such actions. Certainly, students writing for a school newspaper in a perfectly legitimate manner should not suffer from a fear to contribute to the marketplace of ideas at the University of Toronto. I do appreciate the fact that as an administration, there is a prerogative to ensure students who have attended exchange programs (or engaged in any other Faculty-related activity) have fulfilled the requirements of that program, and have not defrauded the school, in a way unfair to other students and themselves. However, students who exercise their right to express themselves freely at an institution which should uphold and embolden such rights should never feel as though exercising that right can result in inappropriate allegations, incrimination or worse.

D I V ER S I ON S

Food review, dive bars, beagles, and more...

Toronto dive bars and how NOT to locate them using legal research skills

Some might say that you know you don’t belong in a dive bar when you find it as a result of thorough and calculated internet research. Maybe that’s where we went wrong. It turns out that finding a real dive is a little harder than you might think. Then again, maybe it’s just us.

Our plan was to seek out Toronto’s diviest bars and review them for UV. We figured it was high time we strayed from the routine bourgeois haunts of the Duke and the Bedford to somewhere a little downmarket. Somewhere heretofore unexplored. Somewhere adventurous.

So, what makes a bar a dive? Certainly, surly waitresses, bad lighting, warm beer, and aromatic unpleasantness all factor into the determination.

On the whole, our key indicium of diviness was whether the bar was the type of place a down-and-out middleaged single man goes to drink Labatt 50 by himself in the middle of the day. In retrospect, people who use phrases like “key indicium” are probably not well suited to finding dive bars. Strike two.

An exhaustive Google search of phrases like “Dive bars and Toronto” yielded a few contenders. Our first stop was The Maple Leaf Tavern (955 Ger-

Years ago, while in Washington, DC, I went to a bustling restaurant with high ceilings and an eclectic breakfast/brunch menu. I ordered the croque madame which was described as a French dish with sunny side up egg atop a grilled sandwich consisting of ham, gruyere cheese, brioche bread and a béchamel sauce (which has cream sauce appearance and consistency). However, I assumed that the Americans bastardized the dish because what arrived was a gargantuan sandwich, smothered in the cream sauce toasted with the cheese on top. However, it was the single greatest thing I had put in my mouth up until that point, and ever since, I’ve searched for some reminiscence of it in Toronto and found five French bakeries/restaurants that offer it. Summary: most of them fall far short of my DC experience and are not worth trying as there appeared to be better things on the menus of the respective places, but there’s one saving grace in this unexceptional bunch, and it’s the first review.

BY DANIEL STERN, AMY STEIN, ZVI HALPERN (2LS)

rard St. E). Someone had posted a picture on the internet and it looked promising. There were no windows, the doors were made of wood planks, and a dilapidated marquee advertised Friday night karaoke.

Given that we planned to go on Family Day, we naturally called in advance

and made sure they would be open.

With that in mind, the three of us (accompanied by Zvi’s wife Michelle, our designated driver and intrepid parallel parker) ventured over. Lo and behold, the place was closed. Blast! Family Day! Strike three.

It actually turned out a lot of dive bars are closed on Family Day, so we ended up at the Imperial Tavern (54 Dundas St.

E). The Imperial really isn’t that divey a bar. It draws its share of aforementioned lonely single men, but also a solid amount of local Ryerson hipsters. Really, it’s just far too graphic-tee-truckercap-chic to pass for a real dive. On the plus side, it has a (barely) functioning fish tank and a great jukebox full of jazz 45s. Also, we happened to arrive in time for a meeting of the Toronto Pagan Society. This shifted the ambience away from trucker-cap-chic towards Magic-card-chic. One patron did make a genuine effort to dive up the place in our honour by sporting aviator glasses, a burgundy sweater, and skintight white jeans. We half expected the crew from Dateline: To Catch a Predator to bust in at any moment. Luckily, we were able to enjoy our beer and Jalapeno Miss Vickies (from the in-bar vending machine—a definite plus!) in peace. Note that the Imperial also lacks dive-esque prices: $40 for two pitchers and a Diet Coke is most definitely not the most prudent way to blow what would otherwise be your child support payment.

We tried the Maple Leaf again two weeks later, accompanied by two easily swayed friends: Lauren and Maeghan.

Food Review

Jules

BY WAYNE CHANG (3L)

$10.95 (147 Spadina Ave, at Queen)

The fact that there was a good French restaurant on Spadina surprised me.

There’s nothing good on Spadina save for the dim sum, Chinese takeout, and pho places. Jules offered the croque monsieur (which exactly the same as the madame sans egg). This was the last placed I reviewed and I had almost given up on finding an equal to the one in DC, but low and behold, hidden in the culinary taint of Spadina, this gem emerged.

The sandwich was spectacularly good: the delicate ham, soft bread, good

amount of béchamel sauce (which nearly all the others lacked, and underestimated in its necessity). It was grilled to crispy goodness, yet the cheese was gooey, light, and unlike the others it wonderfully matched the rest of the sandwich. There were flavours here that simply weren’t present in the others, and it exuded silkiness and velvetiness usually foreign to the notion of sandwiches. The sandwich came with a very respectable French Onion Soup (which I’m a sucker for).

The onion soup had all the hallmarks that elevate a soup into a strata not known to weaker, less distinguished soups—I’m talking to you minestrone, miso, egg drop and lentil—namely, it was rustic and rich in complex, subtle flavours. Definitely try this one out.

Thuet Cuisine

$16 (609 King Street West, at Bathurst)

While this mammoth sandwich sur-

This time, Zvi’s wife was out doing something a little less embarrassing, so we were left taking the TTC to the Maple Leaf. Classy. Unfortunately, it was closed again—on a Saturday night, no less! We’re pretty convinced that it actually was open, but that we just don’t

“UNFORTUNATELY, [THE MAPLE LEAF] WAS CLOSED AGAIN—ON A SATURDAY NIGHT, NO LESS! WE’RE

PRETTY CONVINCED THAT IT ACTUALLY WAS OPEN, BUT

THAT WE JUST DON’T KNOW THE SECRET KNOCK.”

know the secret knock. Strike four.

Demoralized but thirsty, we soldiered on. Our next stop was to be the Ulster Arms, supposedly just down Gerrard Street from the Maple Leaf. One website described this as the “worst bar in Toronto.” The place was supposed to be an Irish pub, but not....

CONTINUED ON PAGE 31

passes the size and girth of the one in my DC experience, it falls flat in other respects. Thuet is a French bakery, but I felt this was another bastardization, and at $16 it’s a tad on the pricy side of brunch. Served with French frites with

grated parmesan, the sandwich had more ham than any other I reviewed, yet it didn’t make up for the dry and thick crusted bread and lack of cheese. There appeared to be some béchamel sauce, but there was so little that I couldn’t be sure.

The poached eggs on top saved the dryness somewhat. I saw a child eating a triumphant stack of waffles with icing CONTINUED ON PAGE 33

Could we be looking for you? fmc-law.com/students

MARCH 18, 2008

As the last issue of the year, I wanted to leave you readers with some reviews about a few great comics that are currently running, instead of old mini-series. These books are in the middle of great storylines and could end up being classics down the line.

Captain America

It isn’t news that last year Captain America, Steve Rogers, was assassinated while in federal custody. When the main character of a series dies, the series normally dies as well—until someone finds a way to bring him back to life. Apparently no one told writer Ed Brubaker this. Not only did the comic continue for a year without a Captain America, it flourished after his death. Instead of finding a cheap way to bring Steve Rogers back to life, the mantle has now been passed down to Bucky, Steve Rogers’ sidekick from the 40s.

It has only been two issues with Bucky as Captain America, but things are headed in the right direction already.

Bucky is a much more flawed hero, who is trying to atone for crimes he committed when he was brainwashed into becoming the Winter Soldier. Even the villains have been modernized. Stories about building a “death ray” aren’t as popular as they once were. The Red Skull is now using more modern ways of attacking a country: mainly financial methods. He has taken over some of the largest corporations in the US, and has used this power to cause people to lose their homes (akin to the sub-prime mortgage crisis) and cripple the economy. Of course he remains a classic super-villain, so he brainwashes federal agents to shoot protestors outside the White House which leads to riots in the streets.

These challenges are much harder for Captain America, as you can’t solve them by beating someone up. This is easily one of my favourite Marvel comic books.

DIVERSIONS

Comic review: future classics Batman

BY RANO DAOUD (2L)

Grant Morrison is in the middle of a great storyline that could have long-lasting consequences on Bruce Wayne’s character. The beginning of this story-

green lanterns (primarily Hal Jordan) as they deal with the changes to the Corps.

With the creation of the Alpha Lanterns and the new law allowing the use of lethal force, the Corps is changing into a force that will spread fear across the universe, rather than overcome fear.

This is a very classic-style comic book.

The stakes are universal in scale, the bad guys are brilliantly manipulative, the leaders of the good guys are incompetent, and the only ones who seem to know what they are doing are the main characters. While this may sound too formulaic, it is very powerful to see how a regime can spiral downwards when it starts to create new policies out of fear. This is all building to an event called Darkest Night, when the worst of all their fears comes to light (no pun intended).

Future Events

line was very muddled and confusing. It had seemingly random issues that felt like they should connect, but no connection could be made. It also featured a look at a possible future and a hallucination issue. Now, however, everything is coming together perfectly. ***SPOILER WARNING*** Replacement Batmans were being created by the government using police officers in case Bruce Wayne died. However, the experiments did not go well, and there are three Batmans who risk destroying Gotham.***SPOILER WARNING*** This might not seem creative or even new, but what is happening to Bruce Wayne’s character is the real story. It’s always great to see Batman finding a way to beat up some of the most powerful superheroes like Superman, but it’s also important when a writer explores his weaknesses and limitations. Batman is facing the possibility that even if he deals with this threat, there is no guarantee that there won’t one day come a person with more training and greater resources that can dethrone him. Seeing him deal with this revelation, and his subsequent actions to protect Gotham in case that happens should make for some great stories.

Green Lantern

Both the Green Lantern and Green Lantern Corps books have been phenomenal over this past year. If you read my earlier review of the Sinestro Corps storyline you know how dark this book is becoming. While the Green Lantern Corps have won the war, the aftermath created is exactly what Sinestro wanted, as the Guardians (very old Smurfs) are taking drastic measures to strengthen the Corps. This book follows the human

Dive Bars - from page 29

... in the Paddy O’Shanahan’s Ye Old Irish Pub and Family Eatery sense.

Rather, it was – to quote another website, “The last old Orange Toronto bastion.” We were expecting the type of place where a bunch of angry Irishmen go to plan acts of sectarian violence.

Really, what better a place for four Jews and a Mennonite? As a side note, Zvi was ready to whip out the Krav Maga at a moment’s notice, should any trouble arise.

We didn’t know the exact address because this place isn’t in the phone book.

It’s also not on Google. Now that is a hallmark of sketchiness. You know you’re a dive when even Google can’t find you.

Unfortunately, we couldn’t find it either. At least we don’t think we found it. What we did find, in the general vicinity of where the illusory Ulster Arms was supposed to be located, was the Ulster Memorial Club (147 ½ Gerrard St. E). The entrance to the club was via a small door (complete with intercom), sandwiched between two buildings. It looked a little scary. Zvi pulled on the door and it actually opened. We ventured upstairs expecting to see a burning effigy of Michael Collins. Instead, we found a far scarier place: an Irish seniors dance hall.

We poked our heads into the main room and saw sets of old tables and chairs, and even older people, dancing to organ music. It felt remarkably like a bad dream. The seniors were all swaying more or less exactly in time, and had these glazed over quasi-catatonic benzodiazepine-induced frozen faces. It’s also worth repeating that they were dancing to recorded organ music. One lady, who was slightly less zombified

31

While I can’t review these because they haven’t happened yet, I wanted to end the year with two recommendations for the future. Secret Invasion and Final Crisis are the two big Marvel and DC events this year respectively. I expect both to have a huge impact on their respective worlds, and if nothing else, they should be a fun read.

than the others and appeared to be the social convener, came over and pleasantly invited us to join in. “It’s a public venue!” she said. We got the fuck out of there. Strike five.

By then it was late, we were cold, and we had absolutely zero beer in our systems. Desperate times call for desperate measures, so we piled back onto the TTC and ended up at Bistro 422 (422 College St.).

At this point, Amy would like to point out that all efforts to persuade Dan to venture off in search of options that were not pre-approved and vigorously researched were met with fear and hesitation (masked as insistence on sticking to the plan). She is certain that could she have gotten her team off the streetcar as we approached the Parliament/Carlton area, the diviness opportunities would have been abundant.

Alas, it was not to be.

In any case, as anyone who has been to 422 knows, it’s even less of a dive than the Imperial. The clientele features absolutely zero lonely middleaged single guys, but at least on this night did appear to house a few horny single undergrads. We ordered fries and beer.

Upside? House beer is $8.60/pitcher. Downside? It tastes like watered down horse piss and the fries suck. Strike six. We’re out (twice, actually).

In the end, we tried to be philosophical about our failed quest. Maybe no amount of Internet due diligence can find you the perfect dive. Maybe the best approach would have been to sit back and let nature take its course. In the end, it might be the case that you don’t find the dive as much as the dive finds you.

DIVERSIONS

32

“Law” Buzz: more profiles in non-law

BY CATHLEEN O’SULLIVAN (3L) AND DAVE TSAI (3L)

It is March and most third-years are super excited about graduation! However, there are those who are starting to worry: are they really going to have to do this law thing? No doubt, the money and the prestige are awesome, but that’s just not enough to keep some people perky. For those who are a bit apprehensive about slogging those long hours, we’ve searched out even more alumni who bravely left a Life of Law (or who are at least dipping their toes into more than one pond) to pursue something slightly more glitzy and glamorous. This issue, we profile screenwriters, Lorne Cameron (’82) and David Hoselton (’82), and producers, Marty Katz (‘84) and Stephen Stohn (‘77).

UofT Alumni Marty Katz

Lorne Cameron (’82) and David Hoselton (’82) Cameron and Hoselton have been successful Hollywood screenwriters for more than 15 years. Their credits include TV movies such as Catch Me If You Can and Justice League of America, and silverscreen hits such as First Knight, Like Father Like Son, and, most recently, Brother Bear, which earned a 2003 Oscar nomination for best animated feature.

The writing pair’s first collaboration, however, was at the Faculty of Law. At the time, Law Follies – now running for a quarter-century – was just an idea bouncing around. After much cajoling, Cameron and Hoselton convinced their classmates to walk the talk, and wrote and produced the Faculty’s first-ever Follies. The pair even convinced then Dean Frank Iacobucci to make his singing debut at the event, donning a sombrero and accompanied by the ukulele!

Naturally, the Follies was a smash success; it was all the encouragement the pair needed to start seriously thinking about writing careers. In fact, while at law school, instead of reading those ohso-dull cases (note to SCC – edit!), Cameron practiced writing spec television scripts. He even sold a script to The Red Green Show, whose producers were so impressed that they offered him work on future episodes. After articling at McBinch, Cameron moved to Los Angeles, leaving his law books permanently behind.

Two years later – after working as a movie critic, and even starting his own movie review magazine – Hoselton followed his writing partner to Los Angeles.

Now the pair spends their days enjoying the California sun, and putting pen to paper for the viewing enjoyment of millions. Sounds way better than due diligence to us.

Marty Katz (‘84) and Stephen Stohn (‘77)

UofT Alumni Stephen Stohn

We don’t know about you, but when we first watched Hotel Rwanda we were bawling our eyes out! Like proud parents, we were even more excited to see that it was executive produced by the Faculty’s very own Marty Katz. Katz is truly worthy of hero worship – the man does it all! First, he’s the President and founder of Prospero Pictures, a Toronto-based film production and finance company. Second, he’s used his multiple law degrees (he has one from Paris as well) for the greater good as a professor of law at Université de Moncton and as Special Lecturer in IP on his home turf. Third, he’s an internet pioneer who created the “web-umentary” – we’ve never seen one, but that sounds hot! Lastly, he’s worked with Canadian supergoddess Sarah Polley (in the littleseen The Claim), enough said!

Not to be outdone, Stephen Stohn started working in the entertainment industry with part-time appearances as a performing artist, followed by active work as a songwriter (including two Top 10 hits, Maybe Your Heart and Once In A Long Time), and a primary career as a top entertainment and copyright lawyer (he is the founder of Stohn Hay Cafazzo Dembroski Richmond LLP).

We don’t know where he finds the time, but Stohn also works as a creative producer in the entertainment industry.

Together with his wife, Linda Schuyler, he runs Epitome Pictures Inc., which is best-known for the 1990s soap opera Riverdale and every Degrassi franchise you can think of! Katz and Stohn have both mastered the art of work-life balance – maybe they can offer us some tips?

Sadly, due to our graduation, this is our last column. But we hope that others will take up the mantle to celebrate those alumni who’ve gone on to rub elbows with the hip and famous! In fact, we hope ourselves to (one day) be profiled in such a column – at this very moment, we’ve got a bunch of scripts written for Ms. Polley to consider – so maybe sooner rather than later! Until then, we say goodbye and good luck.

ULTRA VIRES

Beagle issues, legal issues

BY AMY TSAI (3L) AND FREDRICK SCHUMANN (3L)

The Best In Show award at the West- vate puppy training; they had their colminster Kennel Club dog show is usu- lars passed down from older siblings; ally won by self-righteous Samoyeds, they were forced to pull sleds for extra poofed and pretentious poodles, or cash all the way through school. Everydolled-up, diva Dachshunds. However, where they turned, wealth was being this year, a little beagle named Uno flaunted in their snouts. They couldn’t turned the dog world on its snout by afford to run around dressed to the cascoring a massive upset victory against nines in swanky dog sweaters from the usual suspects. A beagle had never stores like “Paws-itively Fashion.” won the show before. After surveying Every time they wanted a new chew toy the championship circle, the judge as puppies, their parents would bark, pointed to Uno and declared, “Let me “We’re saving for your education. Ruff, have the beagle.” The crowd leapt to its ruff.” But still, these beagles will leave feet with a mighty roar. Thus, doggy law school with so much debt, they’ll be history was made. eating no-name dry food for years afterWas he named in wards. anticipation of his The life of a victory—did his legal beagle is a owners know that challenging one. one day, he would be But all the same, “numero uno”? Or they can derive was he named after great satisfaction the card game, which from knowing that gave our childhood the big law firms so many delightful will scratch them hours? One thing’s behind the ears just for sure, though— as affectionately as Uno is the original they will their more underdog. Low to privileged colthe ground in the leagues.

Someshape of a friendly times, beagles even sausage, he is not come out on top your typical dog and win the whole show champion. dog show, then reBut his expressive tire to a prestigious eyes, droopy ears, kennel and enjoy a perky tail and irrelife of warm blanpressible zest for life kets and sex for charm everyone he money with lady meets. After his vic- Hey Fred! Looks like you’ve got some beagles. So, to all tory, Uno went to meet competition for those mid-afternoon the beagles in first tummy rubs his biggest fan—Roseyear, don’t give up mary Kramm, a 91-year-old great grand- hope. Don’t feel left out. One day, the mother from Peoria, Illinois. Upon partner might point to you and say, in a meeting the victorious pooch, she burst strong clear voice, “Let me have the into tears and exclaimed, “I could die beagle.” right now.” And then she did. Just kidAnd the crowd will roar. ding.

While watching Uno go from dog show victor to Internet celebrity, I was struck by how similar law school is to a dog show. There are the coiffed Pomeranians, prancing around, showing off their Blackberries, Macbooks, and fluffy tails. There are the skittish Scottish terriers, scurrying anxiously from class to locker and then out the door.

There are the Jack Russell terriers, barking incessant questions during the last two minutes of class. There are the Great Danes, who run for the NDP against Michael Ignatieff in EtobicokeLakeshore. And then there are the beagles.

Beagles didn’t attend pri-

MARCH 18, 2008

Food Review - from page 29

sugar and fresh fruit that made me question “why the hell didn’t I get that?”— get that instead. However, the service was phenomenal: I left my sunglasses, my favourite thing on earth right now, in the restaurant and the garçon came running out in the frigid cold to catch me.

Bonjour Brioche Bakery Cafe $7.95 cash only (812 Queen Street East, near Pape)

Bonjour Brioche is an amazing French bakery, it has won numerous awards to prove it and at 9 a.m. on the Sunday, there’s a line to get into this eight-table establishment. But, while the croque madame here is decent, it is also pedestrian. It tastes like its description without all the uniqueness in textures and flavours that accompany a really good croque. I have a vague suspicion that this pedestrian version is actually how the French serve it because everything else at Bonjour Brioche is pretty authentic, but I wasn’t looking for authenticity, I was looking for deliciousness. Get the quiche instead; my friend absolutely fell in love with hers.

DIVERSIONS

Patisserie La Cigogne

$6.75 (1626 Bayview Avenue, near Eglinton)

The croque madame here looks uninspired, but tastes better than it looks.

The ham was moist as was the brioche bread; the cheese was a cheddar (i.e. stronger than gruyere); but there was no sauce. This croque suffered from the pedestrian-ness that afflicted the previous one. But here the ingredients are to blame: most could have come from my fridge. The ham reminded me of Maple Leaf brand processed ham. Nor was the preparation discernibly worth my money.

I must however praise their pastries and cakes: there’s a chocolate mousse cake that is incredibly good and a rum drenched sponge cake unlike anything else.

Portobello Market Café $ 8.50 (630 Queen Street West, at Bathurst)

This croque madame should be avoided. It came with marinara sauce that was off-putting and the bread was tough at the ends. The cheese is really good, but not enough to save the rest of it. And at $8.50 it’s a rip-off. Get the Eggs Benedict instead.

Cuckoo for Cocoa: Soma Chocolatemaker Review

BY PATRICK RIESTERER (1L) AND THE 1L CREW

It’s call back day, and we’re waiting patiently for news of any kind. We decide to head down to the Distilllery District to sample the food of the gods at Soma Chocolatemaker. The place is big. It has a soaring ceiling, a comfortable seating area and glass windows revealing the cacao bean drier, the chocolate giant grinder, and an experimental area where a woman in lab coat dips what look like worms in a flow of molten chocolate. It’s like something out of Willy Wonka and the Chocolate Factory, except the Oompa-Loompas are staying out of sight.

Time to get down to business. First, a spiced hot chocolate invented by the Mayans for the sole purpose of turning pearly whites brown. “It’s viscous,” grins Jeff, displaying his stained front teeth. Next, each of us collects a plate

33

full of small chocolates. Sparky, the flavour of the month, snaps, crackles and pops in my mouth. Pop rocks maybe? We devour chocolates flavored with caramel, cacao nut, 12-year-aged balsamic vinegar... the selection seems endless.

The olive oil truffle is so delicious that it gives me a head rush.

There are something like 20 different varieties to choose from; at $2 each, it’s a good thing Scotia Bank doesn’t know how we burn through the credit. If you’re feeling particularly well off, you can pick up a one pound chocolate bar for $75.

I’m thinking about treating myself, but then the phone rings and its time to go for drinks.

Soma Chocolatemaker The Distillery, building 47 55 Mill St., Toronto

DIVERSIONS

34

ULTRA VIRES

Spoilers

BY LANCE PATON (3L)

EXTRA! EXTRA! Read all about it! should treat shows more like sports.

Jack kills Locke on Lost! George kills You wouldn’t complain if someone told Izzie on Grey’s Anatomy! Jim kills Pam you the score of the Leafs’ game last on The Office! Or, you know, something night, right? I say we should take their like that. argument even further. Why should we It’s okay, you can stop having a coro- shield ourselves from knowing things nary—I made those up. In all serious- we’re going to know in two weeks anyness, I don’t even way! Why should know who we delay our pleasGeorge and Izzie ure? I want to eat are. But I do visit my cake now! I “N EW Y ORK M AGAZINE RE certain entertaindon’t want to wait ment news webto finish dinner! I CENTLY WROTE THAT THE sites which AMERICAN WATERCOOLER IS want cake now! regularly peddle I can’t underNEAR OBSOLETE DUE TO THE juicy spoilers to stand why anyone CURRENT CULTURE OF devoted fans. would not want You know spoil- PUSSYFOOTING AROUND DROP- spoilers to thrive. ers, right? They’re Spoilers are the PING SPOILER BOMBS.” those vital little logical next step in tidbits of plot the gossipification that are so salaof our culture. So, cious they can’t help bursting out of just like I want to know everything about their confines before they’re supposed Lindsay Lohan’s coke binges, I similarly to.

NEED to know whether or not Kack New York Magazine recently wrote are meant to be! And wouldn’t full and that the American Watercooler is near- complete disclosure of the plot help obsolete due to the current culture of bring in more viewers? That’s why I’ll pussyfooting around dropping spoiler eagerly await the postings of spoiler tibombs. They advocate bucking up and tans Kristin Dos Santos and Michael simply watching the shows—i.e. you Ausiello. If I were to hold anything

against these two saints, it would be that fuses to answer my questions. And they hold back too much! They dare to when it does answer questions, it poses determine all paternalistically whether or new ones at the same time! How infurinot I should know who is going to die ating! Do they think I’m a patient peron next week’s 24! WTF?!? Don’t you son who will keep tuning in regardless know your job is to tell me these things? of their endlessly prolonged mystery? If I demand satisfaction! so, let me make this official announceIf I wanted uncertainty I would talk ment, “You are giving me way too much to a real person. credit.” Spoilers Or maybe I would help alleviate the watch According to whole conundrum.

Jim or Two and a They help me Half Men (let’s know whether a “LOOK, TELEVISION SHOWS face it; there’s no particular episode ARE WRITTEN. THAT MEANS market for spoilis worth my preEVEN IF I GET ‘SPOILED’ IT ers for a show that cious time.

I no one really mean, if someWON’T CHANGE THE likes). Look, teleone’s not dying or PLOTTED OUTCOME.” vision shows are fucking, am I really written.

That going to care? Of means even if I course not. Who get ‘spoiled’ it won’t change the plotted would? outcome. Spoilers just let me know So I say, spoil yourself. Spoilers aren’t whether or not the dolls are behaving going away, you must embrace them. It’s the way I want them to. Or whether the inevitable. Furthermore, you deserve it. creators of a show deserve a strongly You’re so eager; you love that show worded letter laced with anthrax.

SOOO much, why should you wait for Sometimes spoilers can even make an revelations like some n00b. Spoilerotherwise unbearable show somewhat phobes are squarer than David Caruso. tolerable. Take for example, a show like It’s the information age. Have your cake Lost. A show so up its own ass that it re- and eat it, too.

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MARCH 18, 2008

DIVERSIONS

Ultra News: Humour exhausted

UofT shocks UofT at Callaghan

In an unprecedented display of mooting excellence, UofT swept all ofthe top awards at the Callaghan Moot. It was a result that solidified UofT's hard-earned reputation as an unstoppable mooting force. First place winner and UofT student Chloe said, "I'm just beside myself at having defeated UofT at this moot!

UofT has such a tough reputation for mooting excellence that I can't believe we pulled it off! Go UofT!" Other UofT winners were also shocked at having placed such a comprehensive drubbing on UofT. "I was really nervous facing off against a team from UofT," explained Best Respondent Factum winner Adam, "But like Rudy, I just dug down deep to realize my life-long dream of writing a kick-ass factum that could compete against the Goliaths of the mooting world." Gushed Assistant Dean and Moot Success Emailer Extraordinaire Bonnie Goldberg: "It just shows what a great program we have here at UofT when we are able to compete and win against teams like UofT! Our students should be so proud of being able to hold their own against such a well-oiled machine. Excuse me, I have to find just the right words to put into my next mass email."

Faculty looks forward to "big move"

Now that the winning building design for the new law school has been selected, the Administration has begun planning the most important aspect of the project: where to temporarily dispose of all those irritating students and faculty who would otherwise get in the way of the engineers, contractors and

landscapers who will soon be let loose on campus.

"We're looking at a variety of options for the temporary location of our beloved Faculty," explained Dean Mayo Moran. "One of the leading contenders is the Toronto-Dominion Bank Tower where our generous friends Fasken Martineau are located. They've offered us two-and-a-half whole floors to use as we see fit once we run everything by them." Moran dismissed concerns that a close association with the large Bay Street firm would compromise the Faculty citing Faskens' earlier funding of the DLS building. Instead she viewed this as a continuation of the synergy that particular bequest created.

"Faskens' gift has allowed our students to practice poverty law in a beautifully renovated setting, while the rest of Bay Street ensures DLS will always have clients to serve. It's truly a win-win situation."

Moran was similarly relaxed about worries that the Faculty's new premises would give Bay Street undue influence on the curriculum. "That's the wonderful thing about this move," she said.

"The curriculum won't have to change at all!"

Third Year cracks "A" code

A recent UV poll revealed that students who quoted from big-name philosophers and political theorists more often received A's than their peers.

"I used to think I needed a deep understanding of the law to get an A in a seminar course," Eric (3L) grinned, "but then I realized that all I needed to do was grab a few of Hegel's bon mots and pepper them in my papers. The profs

Fun and game

ate that shit up!" Said Assistant Dean Goldberg: "I'm not surprised. The students who bother to read Kant, Hegel and Jagger are probably smarter to begin with."

Student reveals sultry details of exchange gone right

Golly gee, this student exchange has been just peachy! I mean, I miss U of T, but here at Random School, I’m learning so much I could just scream! Every morning, I rise at four, I eat a healthy, robust breakfast of Swiss muesli and fresh fruit, I perform an hour of calisthenics or Pilates, water my plants, and off I go to learn, learn, learn! I go to school every weekday, even if there’s no class, just to soak up every possible morsel of knowledge that I can get my hands on. This exchange is such an opportunity, and I don’t want to let any part of it pass my by!

My evenings in Europe are also really special – I curl up with my law text and a latte, and I just want to die of pleasure when I read a good case from the International Criminal Court. Sometimes the only thing that drowns out the constant din of European urban nightlife, pouring in through my windows from the street down below, is the churning of my mind as I twist it around the ratio of the cracking case I just finished.

I also think the Dean popped by at some point to strengthen UofT’s relationship with my exchange school. Unfortunately, I was too busy doing research in the amazing law library they have here to take her up on her dinner invitation.

Briefly Noted

Third year prepares for class, regrets it

Memo to Boiler House: you might wanna think about locking up that closet off the dance floor next Law Ball

Student graduates from UofT Law, shocked to discover world is not actually 50% Jewish UV Writers Beware: administration does actually read UV UofT competitive mooters learn “mootin’ ain’t, mootin’ ain’t easy, man.”

High-ranking SLS official sets Guinness record for number of push-ups performed while on an all-inclusive holiday

Law Ball held, future fiancées introduced

1L library shusher loses momentum, contents self with giving evil-eye stares

SLS contemplates amending its constitution to re-introduce right to free pancakes

Fadel expands on-call list, starts calling on forestry, med students

Moran announces gender equality initiatives for new law school building, names it FlavELLE.

Third year spies lockermate, Polkaroo Breaking News: Phil better than Sam

Breaking News: Phil stops threatening UV staff UV editors exhaust already meagre and fledgling sense of humour

If your name is Rebekah Dunsmore, you win our survey draw!

Email ultra.vires@utoronto.ca

UV Editor-in-Chief gives shoutout to all writers and especially UV Staff who represented like nobody ever represented before.

Ever.

35

“I hope to article with a firm that regards me as cheap labour.”

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