Ultra Vires Vol 3 Issue 4 2002 Jan by Ultra Vires

THE STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW

VOLUME 3 , ISSUE 4 •

JANUARY 22 , 2002

• www . law . utoronto . cajultravlres

Tuition to reach $22,000 in five years Report outlines funding initiatives that will lead to continued tuition hikes BY NOAH GITTERMAN Tuition \viii reach $22,000 within five years, according to documents released by the Faculty of I M'lw's Provosnal Committee. This amount is a necessary result of the committee\ draft proposal of the report to the provost, which outlines the law school's program and funding initiatives over the next five years. The figure essentially extends the current trend of raising twtion by $2,000 each year over the period covered by the report. Tuition for the entering class of 2001 ~.-as $12,000. The nl'\\. figure also confirms recent media reports that the school is planning significant tuition increases, dramatically widening the gap between the cost of attending the University of Toronto Faculty of Law and other ( .anad1an law schools. In early December, the !\aoonal Post quoted unnamed sources at the school as staong that tuition might go as high as $25,000 in the fore~ccablc future. Although the tuition hike has not been offietally endorsed by law school or univcr:.e-~~airy adrnJnl!ll:rJUr>rs, the figur-e of S22,000

UVINDEX • • • • • •

SPECIAL EXAM COVERAGE, p4-5 LUNCH WITH SAMER, p6 ALTERNATIVE CAREERS, p7 THE TUm ON DEBATE, p8-9 JANISCH ON SHANK CASE, p14 THE LAW SCHOOLJUNGLE, p19

follows from the increases in program spending outlined in the provostial committee's draft fivc·yl'llr plan. It is contingent on both the acceptance of the report by facul· ty council, and final approval by the provost. As weU, the suggested tuttion hike is dependent upon the provost's agreement to increase the percentage of tuition fees given to the law school and reduce the percentage retained by the univcrstty admin1straoon. Currently, 35 percent of law student rwoon goes to the university-wide adrnirusrracion. Dean Ronald Daniels stated that a tuition fee schedule will be put to faculty council in conJunction with the approval of the committee's five-year plan. "By the end of this academic }'l'llf, we will have developed a plan to secure the five-year plan," Damels explained. ·~\s part and parcel of this, I will want to have a figure for the nt•xt five }"l'llrs. This \\.ill be voted on by faculty council." By far the largest smg\c. pending incre2Se recommenJeJ in the draft five-year budget is to the faculty retention funJ. An extra l 'J million WJ.\\ -be ~tt:u to th\11 fund over the nt:x-t five H'jlf'S ro rnise profc.•.o;Qr salane~. ( )thcr ~pencling incrca~cs arc allocated co more secretarial and administrative staff, as well as technical support and student services. Downtown Legal Services, and a new public interest law intioaove, will also receive more funds. First-yt.'llr student Jennifer Stone, a member of the student-organized twnon working group, believes that regardless of the benefits that may flow from increased program spending, the high tuition levels will necessarily reduce accessibility and con-

PLEASE SE£ "DEBATE," P2

Matt Duffy licks Karen Park at Law Games 2002 in Montreal. For more coverage of the fifty-strong U ofT team, see page 17.

Dean.suspends more students .

No further action against Shank as ordeal brought to an end BY SIMREN DESAI & DAN MURDOCH

Who will be banished to Osgoode? Faculty Survivor at last weekend's Law Follies

,\ unanimous Ontario Supcnor Court has quashed Dean Ronald Daniel's decision to ~uspend Roxanne Shank for misrepresenting grades to law firms. The dean has since announced that the school will neither appeal the dectsion nor refer the matter to a university tribunal. Shank is free to continue her studies at the

law school without .Kademic sanction. Howl-ver, Ultra Vlrl'S has been told that the dt'lln issued one-yl'llr suspensions last \\.·cek to at k-asr two additional students implicated in the grades scandal. Whik· overruling the dean's deci.~ion in the instant case, the court affirmed the school's power to penalize students for mis-

PLEASE SEE "COURT FINDS," P 6

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NEWS

ULTRA VIRES

22 JANUARY 2002

Faculty Council to review recruitment policy

UV Briefs

Some students anticipate measures restricting their relations with firms

BY SIMON-J. PROULX, NOAH GITTERMAN,

AND DAN MURDOCH

already scaled-back firm presence on cam· pus this year. "The students should be made aware that this proposal is in the works. The The law school's regulations on recruiting lack of transparency in the policy develop · and commurucattons between ftrms and stu· ment process is disturbing." Torkin further dents could be sign1ficantly changed if facargued that if the faculty is concerned about ulty council approves a proposal by the a corporate atmosphere at the law school, it Career Services and Recruitment should " budd existing human rights-based Committee. Th1s has some students groups, programs rather than paternalistically prein particular the JD/ 1\fB,\ Student's vent contact with Bay Street.'' \ssociation, concerned about resmcnons to Goldberg points out that "it would be ~tudent autonomy and their freedom to purinconsistent in my role as Assistant Dean of sue carcer opportunities at law firms. Career Services to limit the number of The committee's mandate is outlined in a career opportumties available to students at letter from Dean Ronald Damcls to the the university,'' and made assurances that committee co·chairs, Assistant Dean Bonnie the concerns of groups like the JD/MBASt\ (;oldberg and Professor \lichael Trebilcock. will be addressed during a rigorous re\.icw ,~\s stated tn the letter, the committee is "The students should be made process. examintng issues such as the cffccttveness (;old berg envisions a process whereby aware that this proposal is in the of tht· current external regulatory regtmc tn the committee's findmg.; "'ill be published in "shaping !the school's! relationship with works. The lack of transparency Hcadnotes, followed by consultation with prospective employers," as well as whether in the policy development individuals and groups and a subsequent there 1s "a nc.:ed for a more I acuity-based rc\. ision of thc proposal. 11us ,~,;n thcn be policy clarifying our relationship with process is disturbing." submittcd to facultY council for debate. The prospective employers." The letter also rcaf· -JeffTorkin committce will solicit the input of a wide firms, however, "the invited role of law range of studcnts. firms and legal organizations in various "Thc JD/\IB \s are an important con· extra-curricular activities indudmg . . . trial stitucnt !of the student body), but they arc firms, and the unfairness of the advocacy and mooting." Some studcnts believe: that these policy JD/~fB,\SSs pri,·ilegcd access to firms with only one,'' srud Goldberg. \X'hile declimng to specify the expected clarifications might entail further restric· respect to other law students." Jeff Torktn, president of the recommendations, Goldberg diu say that the rions on contact bctwccn students and large JD/:--.m,\S,\, sees the tone of tllis meeting report will answer the question: "1s there.: Bay Sm:et firms. The JD/MB.\S ,\ is con n·rned that their f1rm visiting program as an indication that th<: new policy is likdy some ro\e for the facult)· to p\ay in mmimiz· \ng the disru~tion by rccrui.tmcnt of the to bt> rcstnc\1' c. "The ,;,choo\ sti\\ ~ecms to could be threatened by the nc'\\ minativl·s. be rcacung to last yt·ar's marks scandal." ht acadt·mic program?" 1t will abo comparl· l ' i:..Oi,..~=~ua.: program consists of group vi~tts to of I ~' rc< rwtnwnr policws to those of orhc.:r :;aid, rcf<"rnng to u ·htt he pcrccn<.'S as clw downtown finn:; u• learn lll>out rl1c firrns'

BY SIMREN DESAI

Graditude campaign kicks off 11us )eat's law school Gradnudc crunpa'Sfl will ask graduatmg bw stud1.-nts to contnbute some of rhe1r future carrungs to a studcm conference fund, to be controlled and administered cnnrely b} students. cvfhe Jdl"a behmd the fund IS to provtdc financtal support for contercnces that might othcN1sc have dif ficult) obt:llrung fundmg from cxtemal sources," cxphuncd \dam Macro\, \\ ho along \\'Uh Robm Mahood \nil lx hcadmg up the camp:11gn. The funds ratseJ u'l.ll aim be used to help l.m students auend bu related wnfercnces hdd outside the school. Last ~l:ar~~ (;rad1rude crunpa~"ll was rhe most sue ccssful c.:\ c.r for the.: l.t'" school, with O\ l r 65 per cent of tlu.rd ) car !'tudcms pledgmg a total of $80,000 to a cap· it.1l fund for ~tudem clubs and projlcts. "\Xc hope to much or c:xn·ed the participanon ln'cl as a pen.cnt.IgL of the gradwting class.'' statt·d Maerov. "We're confident this }cars campa1gn wtll be another rremend0u~ success."

Out of nowhere, a gang of first-years burst onto the Hart House stage, pumping up the crowd with the opening ~ct in a memorable Law Follies last Friday and Saturday. A solid band, a third-year skit modeled on MaMa M1a!, and Jason Murphy as the Crocodile Hunter, all added up to a pleasingly hilarious show.

Dean to consider role of government

Debate on five-year plan begins this week

Dc:an Ronald Damds has been appointed hy Prcmic.:r ~fike Harns t() ch:ur J panel to advise on tlte future role of government. The panel was heralded m the Ontario government's throne speech, entitled "21 Steps Into the 21st Cc:ntul)," under the step ''Smaller Govt.'rnmc:nt" Daniels will bnng hls experk~ce on previous g01:ern· mt.-nt panels and academic background in pnvauzation and \avo and t.-<:on01mc.o, to the pand. The mandate o£ the '{lane\\$ bt'<)au· "the. Tt>\c £m: tbts I(OV<:nunc~ll

o~-c-r

CONTINUED FROM "TUffiON," Pl strain the career choices of those who decide to pay. "I would definitely not have come to law school if that was the tuinon I had to pay," she explained. "1 want to work m the public sector, and it just would not have been an option." •'\\though thl! committee's urnft report makes recomon incn•.J,ing lin:~ncinlllid. the Jr""' of main tammg .tcccssibiliry .tntl keeping open altc:rn;Jtin• c:acccr m(•nJ;Jtinn~

tlJ.: nc•xt ,;e1,-cr:zl dccad.·s," said

Damds. He st/:;o ~tared that ''there :.lre :;omc an:as gcw cmmcnr should plar an enhanced role and other areas where the role should recede." But ~ hile some tasks can be n:nutted to orhers outside the: government, 1t should al\\'a)S be "subject to government overstght." Daruels played rome role in selecting the comnuttee, "but the decision \!.'liS ulnmatd} the Premier's," he said The other members of the commmce are Peter Cameron, \nne Golden, Jalynn Bennett, Ri.ta Burak, Richard Dicerru and Jeffrey C. Lozon. Professor Michael Trebilcock will assist the panelists.

Decent classrooms at Last The completion of the renovations to H./\, B and C in December did more tllao ~vc some of us the opportw\ity to enjo} carpet glue while writing CXlUlll>. Finally, u-c can learn and/or regurgitate in climate controlled, 01ogeruatcd rooms wnh comfortable seating. Thanks to McCarthy Tetrault and Cassels Brock Blacl"Wcll, who each prud at least $250,000 for the cxtensne upgrades to FLA and FLB, respectively (a third generous donor L<~ still needed for FLC), the old sphnter gt~ tng cluurs are now hcight-adJU!:tablc and ha\'C n:chmng backs. 1-.lcctncal outlets ha'ltc been added to tndulge tn our addiction to laptops. Careful dctilling, such as sound-absorbing carpets and wall panels, help transform noiSes from the ~aid lapwp' tnto a soothing forest-ram sound. In good post-modcrn fashion, the (JOs style wooden slats were prcst~rvcd tn FLB and I• LC. There arc of course a few in1perfections1 such as the razor-sharp horizontal metal strips under the desks, perfect for teanng pants and knee-caps; the annoying black knobs on the desks that prevent the spreadmg of books and papers (for those of us who still use them); and the cht:ap sandpaper-like beige fiber-board sur· faco; an FJ..B. Yet those arc mere minor fla\\s that bare1} detract from the tremendous 'aJld long-aw!llted unprovcrnents.

NEWS

•

paths is apparently not held by all members. A committee member cold Ultra Vires that "there is at least one: member of the committee who believes there is nothing wrong with studcn~ being forced because of debt loads to take jobs on Ba)· ~trct:t that they otherwise would not have taken." The large amount of money being allocated to profes5or salaries reflects a debate waged in the national press since the Post and other news oudets reported possible tuition increases in December. Retaining and recruiting professors ~~ a major justification for higher tuition levcis in an opinion ptece written by Dt.-an Daniels and pub· lished in the Post. ~tone, however, is skeptical of the con· nection the dean makes between high salaries and an excellent legal education. "You will end up attracting people \\'ho arc attracted to higher salaries," she stated. "Professors who have a pass1on for tt.'l!ching and schohrship won't ncces~arily be drawn to higher salaries." Claire Hunter, a student member of the provoscial com· nuttce, sees a benefit for students in htghcr faculty salaries. "!The increases) \\111 keep faculty ht:rc, it will make them happier, and it \\ill keep the best faculty here," :.he stated. "Having good faculty is good for students."

In addition to skepticism about the benefits associated 'l.l.ith increased spending, some arc worried that the pwmstial committee's proposals may focus on budgetary issues to the exclusion of more fundamental problems affecting the school. Students' Law Socit•ty President Benjic Shincwald explained that improvmg Hfc at the: faculty may rcquire an attention to mattl'rs unrc:larc:d to fundtng. "There arc: serious issues ubout the: culture of the law scht>ol Titcy an tlt>f ncl(ln !CI~c"c l in tltiA ci4"K"'lunc nt • .,.,...1 maybe it IS appropn.tlc to nddn•ss them 111 the final docu·

ment," he said. The hw school community is now gearing up for a debate about the fivc·ycar plan and its impltcations for tuition. A town hall will be hdd tomorrow at 12:00 p.m. in the Moot Court Room. The dean hopes that a final document \Vill be approved by faculty council and then sent to the provost by the first week of February. Some students arc hopmg that thctr concerns will be addressed in the final version of the plan. Omo Akintan, who heads the student working group on diversity, gave a presentation to the provostial committee on diversity at the law school two weeks ago. "We hope to sec concrete proposals regarding diversity and not just vague scuemcnts," stated Akintan. "We have proposed things around student services, and that someone be hired to address issues around diversity on campus. There arc two minority proft:ssors, !so) we have tried to come up \\ith some Cfl'lltivc ideas such as funding a fc). lowship at the law school." Others arc less optimistic about the possibility for stu· dent input. "The agenda keeps rolling ahead," stated Stone. "I'm a little bit unhopcful. I suspl'Ct things will just go through rt.-gardlcss."

Sweet 'n' lowdown Jweel Lois Chiang - she showed up, and took it rather well. First· years - for bringing it on at Follies.

Fm;t-years - they ate all the chocolate donuts and ran. Walls of FLB and FLC • spccklcd, taupe padding?

,\cce:;s and diversity.

Tuition.

The new Tim Hortons at Bedford and Bloor. Law Games 2002 - we kicked ass.

Advantage.

major law schools. Fmally, it ui11 examine the Law Society's definition of 'recruitment activity' m shaping its recommendations. The report is scheduled to be presented at the Feb. 13 meeting of faculty council, but may be delayed if the consultation process runs into February.

uv. Read it. Write for it. 416-946-7684 ultra. yireS@UtOrOOtO.C8

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practice and to meet with lawyers. The events arc organized by the JD/MBA!:l \ executive in cooperation with firms who arc interested in meeting with students. Goldberg and Assistant Dean Lois Ch1ang recently called a mcetmg wtth the JD/ MR\S.\ executive to discuss concerns \\ith thl program's direction. According to minutes kept by second-year student Matthew ~lerkcley, Goldberg and Chiang noted "the pressures o n students associated \\ith hea''Y exposure to firms, the compromise to academic integrity caused by taking the focus off of ~chool and placing it o n

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ULTRA VIRES

ExamSoft causes few problems

INSIGHT

Macintosh defends multiple-choice exams Students say it fails to properly test material btggt.'St fear bt.><:ause I ovcrthmk things, but people \\1th 11 science background \\.'ere happy," she srud .. 'I his ~tudl·nt wa~ also irritated th,lt Madntosh drd not reveal 1hat this form of C'\"Jluauon would be used until t\\ o days before the end of the drop/add period. \X'hcn she approached !\1aclntosh about perhaps lu'1ng an exam conststing of half short an~wer and half multiple cltmce, he told her that "he had a lot of reasons for it, that he had a lot going on in December .tnd was strapped for time." Responding to criticism that he chose this format because he 'W'llS husy with con~ulting work. Macintosh adamantly stated that it was academic \\'ork that was consuming his time in December, nor consulting work. He had to finish two papers during rhat month, both "connected to the law school." The multiple choice exam only rook him about a day 10 mark, compared u-itlt the tw-elve or so dap 1t generally took him to mark the short ans\\·er exams he has givcn out in years past. Intert•stingly, he s:ud rhe multiple choice exam resulted in "about the same breadth of Jistnburion as short ans~'Cr exams." However, a lot of students who wrote the exam have commented that they have no clue how they did on it.

BY BESS JOFFE

mg. bccau~c of it," satd one second )'L"llr student. \nothcr stu· dcnt \\Ondrrcd 1f it wouiJ give him an edge because he's good at n. "It" I" 1he mulnplc chmce exam ~trved up by Professor Jeffrey Macintosh to Ia t semester's business organizations class. And those tn sccunties regulation this semester an look fo[\''llfd to the same form of C'\-aluauon. Mulnple chOice is an unlikely exam format for law school. \\call srutly m order w deal With fact pattern~. trusting that some antbtguny, inherent in the l.1u~ can be bru~hed over with creative aq,>umentation. But the business orgaru· zarions exam last ~emcsteJt left no room for ambih>uity. The t~am consistL>d of sc,'Cnty yucsnons, each containing three statt'mcnts. Student<; were required to "pick the statement that appears to be the mpst correct." J\s uith any multiple choice test. there is only one correct answer, tho~h this is generally not how we learn the lau: Macintosh defends his choice, stating that the multiple choice format "is useful for testing detail and knowledge." He u-TOte the exam with "some very diff1cu\t and some t..-asy questions;' but \ One student &aid. "\ could \u.ve gotten ovc.n.\\, he admitted that the exam "reyutred a vc.ry detai\cd understandmg ) an 1\ or a C 1 reallybave no \dea:· 1\fadntosh admirrcd that this is an of cc>UISe marc mi." experiment of so rt~. He \\"ants to wait When asked if such an exam is an until the end of the year to sec if the appropriate form by which to test stu· multiple choice exams result in the dent~' knowledge.:, l\laclntosh asserted "nght distribunon." He assured me that that "whatever separates those who he is ll\\.'ll!C of lus responsibdity as a know the material from those who professor "to make sure all :>tudent::. arc don't is appropriate." treated fairlr. If (these exams] don't One student did not think it \\'llS an work out, I'll abandon them." appropnatc form of evaluation, and ,\nd that ml'alls, of course, that ended up droppmg the class because of those of us m securities this l'emester it. ~111 be the second round of gumea pigs. "Multiple choice exams arc my " I dropped bus.

I' I

Questions raised about invigilation of students not using blocking software

22 JANUARY 2002

100% finals: Ambivalent students and faculty give them a "B" notes, f<:w students opt for it. "There is somcthmg painful but efficient about writ s far as I know," Professor ,\rnold ing an exam." Even though ,\lien is no fan of exams, he Weinnb jokes, "no one has ever died from writing a 100 percent exam." nut concurs. "It would be impossible to have that doesn't mean that students don't find exams and written assignments for everythese three- to four-hour evaluations, for thing. We'd all die. I don't know a way which they get no feedback except a grade, around the problem." :--1ontigny agrees. "I'd a stressful and frustrating part of the law rather study for three days and write an schcx)l experience. Faculty arc not without exam than write papers and an exam." ,Professor Tony Duggan admits that if their misgivings either. Sccond·yt.'llf student Ed ;\1ontigny, a pro- students arc not getting feedback on their fessor before corrung to law school, can see exams, they are "not performmg their funcit from both perspectives. "I don't feel it's a tion. It's a logistical problem. With eighty or bad evaluation. I can't think of any other so comments to \\.'lite, there IS no way we C\'aluation that is much better. The only could make the deadline. It's a function of thing I'm upset about is that we don't get large group classes .... What you try to do is feedback, sometimes not even for a paper. If to be as open as can be to people who want it's a I 00 percent exam, you want some com- to talk about performance on exams. But if ments to know where you went wrong. I 80 people came to discuss their exam, that guess you don't care if it's an \, but for a would seriously get in the way of other obligations. It gets back to the problem of C+ or even a B, you do want to know." Derek Allen, now in his third year, has being a function of numbers in the class." Class size is something Professor Lorne "always thought [I 00 percent finals] were not a good way of assessing the students' Sossin was a\\'llfe of in teaching the newly digestion of the material.... A take home or semcstered first-year Civil Procedure, which some kind of written assignment shows had an exam worth 2/3 of the final grade more reflection and more internali7ation of and a wrinng assignment worth the other the material. A combination of the two t /3, both due at the same time. "The goal in the future is some form of feedback before would be better." Associate Dean 1vlayo Moran recalled the final exam, something modeled on the that, "histoncall) ~peaking, we have relied practice test. It wasn't possible thts year because there were two sections 'vith 100 very heavily on 1OU percent finals. That ·was the old model of law. You had to think on H\tdcnts in L-ach. The norma\ distrih\\tton is three st-crions \\;th (i:; snJ(1t•nt$ in l':lCn. \X~ fct"t and think quick!): Thnr wn part of our gerKntl unrcikcrivc ".I} The unl\•ersrt} arc certain/} working ro"'f!rds .~omc prncflc< has a policy dtscoura!,>ing reliance on 100'% test or an assi!,>nmcnt with feedback that exams. \\'c'vc been crying to diminish would happen in the middle of the term." \'fl·inrib encourages students ro get feed. reliance on 100 percent cxruns. That was one of the n.'llsons for the [first-year] smaU back by askmg. "It's a mancr of students' own convenience. I'm happy to cxplam what group being destgncd the way it is." .\for.tn highlights the essay option being wenr right and u.Tong. .\fy experience is that offered 10 upper-year courses. Hut, she students know what went right and wrong."

BY JOSEPH A. G. BERKOVITS BY DAN MURDOCH

using Sofl'cst were not being followed. For this ytar and next, studems with older bpSoffest, the blocking software students arc wps or those using Mac or other nonnow reyutrcd to in~tall ro prevent cheating \Vmdows operating systems which do not on l.1ptop exams, has received mixed reviews opcraw ExamSoft software, can still use after Its first !'Cmcster of usc. In addition to thtir computers for exams. However, the computer problems during exams, some stu- school had indicated that these students, in dents arc concerned that procedures to addition to sib>n1ng undertakings promismg guard against cht..-ating by students not us1ng not to misuse file.:. on their hard dove dur~offcsr wen· not adet)uatcly followed. ing exams, would also face extra invigilauon. ,\ccording to ,\ssistant Dean Lois Chiang reports that, as far as Genua is Ch1ang, the sofm'llre worked well. She noted aware, all such undcrtakin!,>s were returned that the program. created b} F.xamSoft, bcfi>rc the exam period or at the first exam requires a five- to ten-minute set·up pcnod and that invigilaton were gtvm specific before the exam that is not needed without instructions on how to monitor students the program, but it otherwise performed not using Sofrcst. "quite smoothly." Hunter asserts that this is inconsistent There were, said Chiang, a "handful" of wtth her flrst exam, where she was in a computer problems. One student was room with both students who had and had unable ro get Sofrest to work at the begin- not installed the blockmg software. ning of his first exam "a problem with his In an email sent to Chiang on Dec. 15, own computer," said Chiang - and had to Hunter claimed that "undertakings were not handwrite his exams. -\t other times com- collected from any students, including those puters crashed in the middle of exams, not using the software" and "there was no either giving students a stressful few min- increased mvigilation for non-examsoft [sic] utes before the problem \\.'llS soh·ed or forc- students." She added, "the only invigilation ing them to finish the exam on paper. over the course of the three hour exam was Chiang could not give a definite number on a single walk-through br an invigilator." how many problems there were. After receiving Hunter's email, Chiang Karen Park suffered two program glitch- "spoke with each invigilator'' to remind e~. ,\ftcr one exam, Records Officer Celia them of the procedures, but said it 15 "not Genua was unable to retrieve the exam from true" that implementation was 1ncons1stent dw d•sk and the file hao to be cmailed to Wtth the committee report. .Although no ExamSoft to be debugged. ExnmSoft w:h ('fforr WIIS rnad1• ro s<·greg:~rc th.. """ ..., ••,.. able to retrieve tl1e exam. ln a later exam, of l.tptop users to nuke 11 casu;r tor tnvtgt Park's computer crashed with only ten min- lators to monitor the room, those not using utL'S left. Park handwrote the rest of the Soffcst "had colour·codcd envelopes" so exam, and the file '\\'llS retrieved, but Park is that invigtlators knew who the} were. Hunter's response was that "if there's a concerned her rune·qucsnon bankruptcy exam \\.'llS out of sequence at the time of the real need of [security], then there's a need for everyone." crash. ,\ccording to Chiang, there will be "a genThe \'aSt majority of students had no eral memo in lleadnotcs on how ExamSoft problems. Second-year student Claire Hunter is went and . . . whether there seems to have concerned that the laptop comminec's rec- lxrn any impact" on mark differentiation ommendations for monitonng student~ not bcf\\·ecn typed and handwritten exams.

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INSIGHT

Students can get feedback before writing the exam too. "\ urually everyone in the faculty," Wemrib continued, "wtll look at questions on old exams and give feedback ... 1 will be happy to look at answers to old exams. \'cry few students take me up on it.'' Moran attested to meeting "with tons of students ro discuss performance." She \\.'lites substantial comments on essap. Yet, she is "amazed at how many people never pick up their papers ... It's disht.'artening. I don't know if other (faculty! have that experience." "Even without comments," Duggan described, "it takes twenty to thirty minutes to mark each exam. Over a concentrated

"I don't feel it's a bad evaluation. I can't think of any other evaluation that is much better. The only thing I'm upset about is that we don't get feedback." - Ed Montigny period of rime, reading something eighty times over, you can go out of your tree. All exammers have complained of that ... The bigger the obligation imposed on the exam· incrs, the bigger the sttes~es. It must impact on the quality of the assessment." "'lou \ust stan matking and

~tot>

\);hen

stop," said \Y'cinrib. "I l:zy nvt ro mSlrk ti1r more rhan /cJur hours a da.\~ 1 gee 1mpa· rient." .1\ccording to Dean Ronald Daniels, "the decisiOn that law schools not involve tutonal assistants" 1s a justification for the lack of feedback. "\\c\·c been against anvonc else than us doing the marking," agreed \Xcinnb. "\\'e don't admit graduate srudent~ w the }THJ

extent that they are good T.A.'s. They may not come from common law jurisdictions. Most J.D. students wouldn't give credit to unqualified T.1\.'s." ",\s we hire more faculty, classes will get smaller," prtdtcts \X'cinrib. "Tax and administrative law arc now being taught in three sections. There is no other place in the country where tax is caught in more than two sections. Lots of law schools have one section even if they arc the same size as us ... There comes a point where the number of people in class is irrelevant. Forty vs. fifty people is not relevant." Daruels declared that "we are scheduled owr the next couple of years to have anoth· cr eight to ten faculty members and that will further reduce class size. The ratios will unprove." "1 would like to sec richer and more developed opportunities for students to engage with the material," Moran postulated. "\\'e certainly have a ~'llys to go." She hopes for more courses like the Law Review Serrunar, where students polish their essays for publication for credlt. She em-tsions students working on sophisticated legal documents like factums and doing research that feeds into the development of legislation. ,\n uppcr·y<:ar thesis requirement is being considered. As for the less stressful pass/fail evaluation, '\.\·bile some people ·worry that {these! courses won't be taken seriously ... my cy.pcncncc v;ith short parers in bridge weeks 1s rh.1t f"'X>ple \\Tote rt-allr thoughtful papers." In rhe end, ,\[oran, like her colleagues, admits that much of the problems of 100 percent fmals arc tied to large class sizes. "\\'hen ) ou have more sections and sm:~.ller cb~se::.," ~he ob~crvcs, "it offers flexibility m a whole range of ways. The un~poken issue ts how much more tuition we mav haw to pay before we get such a sptem.".

.Administration defends exam schedule changes BY NOAH GITTER MAN

TORONTO

- ----------

NEWS

Confusion erupted over the exam schedule at the end of last semester, as some students charged that the administration had not adequately notified them of changes made during the summeL The administration decided to change the exam schedule mid-July 2001, and a notice was sent out to upper-year students explaining that the new $Chcdulc would be posted on the law school's website by July 19. The website, however, was not updated until July 26, and thus some s~dents continued to rely on the old schedule. To compound the matter, an "official academic handbook containing an old version of the exam schedule was available for reference in the records office for most of the semester. \fter SL..I) President Benjie Shincwald voiced hts concerns to the administration that students had booked flights home and made other commitments based on the old schedule, a listserv message was sent out in early December by Associate Dean Mayo Moran and .~\ssistant Dean Lois Chiang. The message defended the administration's actions, maintaining that students were adequately notified of all changes. It further

explained that the Student Programs and Petitions Committee would only consider requests to change exam dates "for compelling personal reasons such as family illness or emergency." • Some students not directly involved in the issue were taken aback by the tone of the email. "lt struck me as unnecessarily defensive and somewhat confrontational," s3.1d third· year \dam Macro': Shtnewald also felt that the listscrv message conr:untd a number of inaccuracies, and was womcd that it might have scared off some students who had legitimate complaints about having relied on the old schedule through no fault of their own. "Based on the listserv, students would not have known that detrimental reliance on the schedule set out in the Syllabus and ,\cademic Handbook was grounds for deferral," he stated. Ch1ang told Ultra Vires that, in the end, three students who had relied on the old schedule were accommodated by the administration. Shinewald remains upset, however, with the administration's slow response to the issue, and the blame placed on students for

what was, in his view, a simple mistake on the administration's part. "By refusing to acknowledge their responsibility, the implicit conclusion is that students acted negligently, which is preposterous," Shinewald said. '1 think the adminIstration has to begin owning up to its mi~ takes." For irs part, the administration mamtains that all student concerns were handled in an

appropriate manner. In a letter senr by Dean Romld Daniels to Shinewald, Daniels sratcd that the position set out by \loran anJ Chiang in the listserv "was a frur and compassionate response to the prospect that some students may have encountered diffi. cuities as a result of their failure to take note of the1r exam schedule as pro\ided ro rhcm In September."

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NEWS

Court finds dean's decision patently unreasonable; quashes suspension

Ubrarian stays sweet over sour chicken

CONTINUED FROM MOEAN,. PAGE 2

BY SAMER MUSCAn

LUNCH WITH SAMER

y da), Ted TJaden - a harchmrk-

ing, mild mannered librarian - is a trusted Buddha-hke figure dedICllted to assisong students With all their research needs. But beneath the law school "teddy bear'' cxtenor lies a rebel who has run from the law, mL'I:ed it up at Iibrar) conferences and tned to seduce young women ~1th h1s Law Jacket. 1ilke the time, years ago, when the rccalciuant 1jaden attempted to C\'adc pobce to a\oid being busted for Jayu'lllking in Vancouver. He made a run for u, but the not-so-wily librarian didn't get very far: He was grabbed aftt:r only a couple of steps and soon became compliant after the police threatened ro charge him With a more serious offence. Or the time when a young Ted took the Japanese student he ~-as tutoring to see the movie Ht~lllklh t~ml Htr Sistm under the pretext that it would help her English...After three years of being unsuccessful in trying to ptck up girls at the [localj pub, we met in the last semester of law school:' he says in his characteristic staccato, monotoned voice. The couple have now been married fot founeen years and nameJ their daughter Hannah, in part to commc":>· /

Wbo: U of T law librarian Ted 1jaden IV'htrt: Chinc:;e Garden Restaurant . on Bloor lf~'ht,: Monday, Jan. 14 Dish: Swt:ct and sour chicken wtth pineapple on rice ($5.25) Ambiliotr. Not to become the dean ''We thought we were pretty cool wearing our grey leathered Queen's Law coats, but I don't think once in three

yean It~ led rome sc>iniJ on •

Asked whether he practices being cute or if it comes naturally, Tjaden reacts like a shy 14-year-old on a first date; he blushes, giggles and avoids eye contact. rate their first date. Hou'CVCr, he denies there ~-as a breach of fiduciary duty. "I was her tutor but one thing Jed to another ... I don't think there were any formal ethical rules governing informal tutors at that tin1e." It seems romance never came easy for Ted. As a law student, TJaden and his posse, aU wearing their "Queen's Law"-embroiden.'d jackets, used to crwsc the main undergraduate cafeteria 10 the hopes of attracting love. But the plan never worked.

dare

with a girl" So, to pass the time, he spent those days drinking. playing intramUD~ sports, drinking, occasionally reading for class, and drinking. Asked whether he practices being cute or if it comes naturally, 1jaden reacts like a shy 14-year-old on a first date; he blushes, giggles and a\·oids eye contact. ln the aab:lnalt of the moment, 1jaden realizes he's dipped his shirt in the oily red sauce of his sweet-andsour-ch.ic:ken-with-pineapplc-on-rice dish. '1 have a completely different impression of myself," he says as he tries to clean off the stain, hut instead spreads it further. "I'm fat, greying, and not particularly funny." His self-deprecanng nature and quirkiness only add to his charm. Detached &om the plethora of controversies and scandals plaguing the school, Tpden's sincerity and gcnwne

PLEASE SEE -rED," Pl\GE 11

LENCZNER SLAGHT ROYCE SMITH GRIFFIN BAIWSTEAS

For infonnatk>n about opportunities for a student to learn to be an advocate see our website at www.lsrsg.com or contact Perry Hancock, Student Co-«dinalor at (416) 865-3092, e-mail p~ Sum2600 . IJO ADU.AUSnent.'!sr. Toaot<ro. ~.WO.~ NSH lH ~(416)16S ..~ • FACSIMIU(41'JI6S-9010

representing !,'T'J.dcs to third parties despite the absence of any official record. The decision, as a result, has f<.-w implications for the other students suspended by the dean last year. Some commentators have noted, howc,·er, that this carries :;igmficant implications for the uni\er.;ity's powers over the action:. of student:. outside the school. In a press release circulated by email to students and faculty on Jan. 11, the university expressed approval of the decision while standing behind the dean's actions. "The University of Toronto is pleased with today's •.. dectstOn upholding the right of the university to discipline students for misrepresenting their academic results to third parties," stated Susan Bloch-Ncvitte, U of T's director of public affairs. Some students have protested the distribuoon and content of the press release, as it focuses on the broad issue of the university's disciplinary powers and devotes a mere three lines to the matter at hand, the quashing of the dean's decision. Third-year student Bryce Edwards felt that the message reflected the university's "spin." "Either let dissenting voices send out messages and use it as a proper public forum or leave it to its ... non-political usc," he said. The uccision has had immediate implicatiOI1fi fi,r

ut l<..~1st r"·o studc...·rus left .iu lituho

by the school as it a~ted the Shank decision. The dean had referred these cases to the provost m the hope that a tribunal would issue a longer term suspension or even expulsion, punishments beyond the authority of the dean.

"The dean went into the merits of the case. This wasn't within his power. He has a limited jurisdiction." -Hudson Janisch Last week, Vice Provost Vivek God said there arc currently three Ia~· students "in front of the [disciplinary] tribunal" and that "the maximum penalty is a five-year suspension from the university." Ultra Vires has since lcarnt-d that at least two of these students have been given one-year suspensions and the cases will not be referred to tribunal. The school has not publicly stated why it had originally pursued harsher sanctions for these students.

The Shank Decision Last February, it was discovered that Shank, then in her first year, had reported two Cpluses in the mark transcript she gave to prospective employers for courses in which she had received Cs. She was subsequently suspended for one year and would have had a notation of academic misconduct on her record until three months after graduation.

U of T's Code of BehaviOur on Academic Matters says a department chair may impose appropnate sanction "if the student admits the alleged offence." Otherwise, "the dean may ... request that the provost lay a charge against the student," and the mattt:r, if pursued, u-ould proceed to a tribunal. ;\ccording to the court, the dean relied upon Shank's admission that she "ought to have known" she misrepresented her marks, bur failed ro point out the legal definition of the term to the student. The court says that

According to Clayton Ruby, there may be others in Shank's position who have opted to accept the school-imposed sanctions rather than face the media scrutiny.

Shank "later stated that she had been very careless, had no intention to cheat, and was guilty of being very careless in something she should have taken care of." When asked by Shank to explain why she was being sancuoncd even though she did not admit gu1lt, the dean replied that "in the end, 1 do not believe your account . . . I don't bchew that !the Cpluses) ended un thc.tc.• t.y.-c.,Jd<::tlf ...

J\ccordmg to I ludson Janisch, professor of administrative law at U of T, this is where the dean went wrong. "The dt'aO went into the merits of the case, this ~:asn't within his power," Janisch explaint:d. "He has a limited jurisdiction, and as a condition precedent to the exercise of that jurisdiction, there had to be an admission to that offence." The court quashed the dean's decision on the basis of a correctness standard of judicial review, but found that even if they were applying patent unreasonableness, the decision would be the same. '1t is patendy unreasonable," wrote the court, "to conclude that a denial is an admission." The court did not absolve Shank of any wrongdoing, but instead referred the matter back to the university. Last Thursday, the dean sent an email to the law communitr staring that "the protracted and public nature of these proceedings and d1e toll that this process has undoubtedly taken on [Shank)" has led him to decide that "the fatr result is to bring this matter to a close." Shank's ordeal has been punishment enough, agrees her lawyer Clayton Ruby. "Think about what it's like to have your name publicized [over such events)," he said .•\ccording to Ruby, there may be others in Shank's position who have opted to accept the school-imposed sanctions rather than face the media scrutiny associated with a court challenge. Shank declined to comment on any of these developments.

For a diJOISsWn of lht broadtr ramiji((lliDM of tht Shank tkcision, Jtt Administrative law c/og to homt, p. 14.

NEWS

22 JANUARY 2002

UlTRA VIRES

Remembering DecemberS

IN THE ALTERNATIVE I

A monthly feature of UofT alumni and their diverse career paths

Janine Geddie finds her footing in legal editing BY BERN INA BUTT Janine Geddie graduated from the law .school m 1999, and has since established hl•rst·lf as a Sc.:mor Fduor for CO I Canadian Limited. H} working on publicanons such as the Canadian Labour Law Reporter and the \X'orkplace Equity Guide, Geddie keep~ abreast of thl· most recent developments in labour and employment Ia~: (;eddie's "average day is much like thl' .wer.tge da} of most lawyers - interesting, but not too glamorous." ;\lost of her working hours arc apportioned to researching and writing updated commentaries, newsletters, and digests for court and tribunal cases. ,\lrhough Geddie's work keeps her busy while she 1s at the office, she does not have to work late into the night. She also has wcekends free. Geddie asserts that "the main drawback of the job is that the salaries in legal publishing arc not commensurate with salaries offered in the practice of law." Though Geddie realvcd early on that her interests lay beyond Bay Street, she did not contemplate legal publishing as a career path until she was writing the Phase Three Bar ,\<.!missions Course exams. Says Geudie, "while 1 had ne.,cr really thoughr of legal cdiung and pubhshing as a career prospect, it ended up being an cxccllem fit " During her c..xaJn$, she "\\tas t.-xploring 'non tradition

It would be unfortunate if the choices that I had may not be available to future students who are required to pay large amounts of money in tuition, says Geddie wanted to remain involved in rcsc.:>arching and writing, which led me to legal editing." Upon recollection, Geddie realizes that being an associate edttor for the Faculty of Law Review '\vas definitely a great inrroductlon to legal publishing." Geudie adds, ''I behevc.: that 1 was in an extremely lucky position when l was a student, as 1 w-as able to afford to go to law school without incurring a significant amount of debt." This allowed her the luxury of pursuing an alternative career. ''It would certainly be unfortunate if the choices that I had may not be a,·ailable to future students who are required to pay large amounts of money in tuition." Although Geddie cannot predict where she will be in five years, at the moment, she rchshes her currcnt calling. "l am very tntercstcu in secin11, where it ,.,.;.u take me."

Janine Geddie before her legalediting days.

,.,. legal care< rs, .1nJ happened upon sc' < m1

at ~:Jrious legal publishers. The legal publishing market is still tjUite acun:: "there are a number of Canadian legal publication companies in the Toronto area, and they all hire legal editors for their various products." The demand is partially met by "a number of full-time practicing lawyers [who) also do work for publishing companies, by writing books or articles op~:nings

wahm their pracricc area." Gedd1c branched out into legal publishtng after first gaugtng her interest in the practice of la~~ She decided to article, but ~as not enJ..,raged by corporate Ia~: f laving enjoyed labour law at U of T, Geddie ended up spcciilizing in this field. Her current position merges this interest ~ith her penchant for text. "I knew that I

j:uww <:nldJC: Jlsr:ddlc@cch.OJ ]\lain pub/1shc:rs m Toronto with job

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Canada Law Book: \\1\\"\\:canadalawbook.ca L·mcasousc: www.lancasterhouse.com

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Organizers pleased with memorial service at law school BY ROBIN RIX On Decl·mbcr 6. 2001. the twdfth anni\ ersar) of the :\lontrt-al ~lassacre, the Faculty of Law hostcJ a memorial ~crvice m the RoweU Room to mourn the event and to dl'nouncc -..;ole nee agamst women. Organized by the :;tudent group \\"omen In L'lw and supported financially by the administration, the ~er .,.;ce included a speech by Ali Engel, vocal pcrfurmanccs by .Allison Ralph, <l poetry reading by Lara Tessaro, a lighung of candles, and a mmute uf silence. In her speech, Engel praised the actions of governments and courts in combatting violence against women, Citing as one example the Supreme Court of Canada's ruling in R. v. Ewanchuk. In that case, the court invalidated the notion of implied consent. However, Engel cautioned against complacency and silence, stating that m:tny women still live in fear of \'lolcncc or ha,·e themselves been ,;ctims of violt:ncc. \\-omen In Law's coordinators, Jaime Carlson anJ Tamara Kuzyk. were cncoungc..l by the event, noting rhar 11 was che fJCst of its kind to be held at {he la\1· school since 1998. The event drew about 30 people, a fair number, g~,·en the proximity of the date to the examination period. On December 6, 1989, fourteen female students were sv~tcmicallv murdcrc."d ar the !~cole .Polyreclurique, Mont:rCal. on account of thcJC gender. ln 1991, Parbament declared December 6 tht• National Dav of Remembrance and Acnon on. Violence J\gainst Women. Although the Uni\ersit:y of "limmw hosts an annual memorial service, \\bmen In L1w decJded to organi:te an additional service at the law ~chool. Engel noted that the group ,,jc.:~·ed the issue of \1olcncc aga1nst ~'t>rnen to be fundamcnrally linktxl to the concept of justice, emphasizing that "as law students and faculty we should be concerned about justice.''

THE TUITION DEBATE

ULTRA VIRES

ccording tv Dean Ronald Daniels, drasnc tuition incrt".l.St'~ arc ncct·s sary to ensure the 'cxcdlcncc' of thl· llni\ersity of Toronto Faculty of l.a\\~ Ho\\ ever, his vision of excellence comes \\1th too high a price: the dcstrucnon of core values of Canadian legal education. As outlined 111 Ius op-ed piece "'The pnn· of e."'<ccllenec" (:--:aoonal Post. Dec. 17), Dean Damel's \1SlOn rndudcs: 1) Profes ors \\ ho "remain com mitred to Canada and to adv:1ncing kgal and policy deuarc m tlus country." 1 applaud this goal, !Jut submit that com· mit1l:d ~cholars and reachers will nor necessarily chase the highest paying job. Indeed, those profes~ors may graYitate to institu· tions wlfh strong n:putations for <:ommitmcnt to public education, independent rcH-arch, innovation in teaching, di\'crse student bodies, etc. 2) 1\ learning environmt·nt with a low tcachl·r-srudenr ratio, group seminars, and Improving the learning environdistingui~hcd \-isiring professors. ment involves restructuring \garn, all laudable goals. But as any law studenr past or present will attest, improving an archaic curriculum, not tht• learning em ironment involves rcstcucthrowing more money at it. ruring an archaic curriculum, not thrO\ving U ofT continues to deliver legal more money at it. Despite \\idesprcad rccognmon of the need for innovation, pareducation in large classes on a ticularly of the first-year curriculum, U ofT hyper-competitive basis. conunues tu deliver legal education in large c/as$CS on a hyper-competitive basis. \Vhy not employ upper-year students as T.1\.s? U of T students already face enormous Why not offer legal research and writing as financial pressure to take corporate jobs a course in f~.rst-ycar? Why not make evalu· after graduation, "just to pay off my debt, auon cumulaove, rather than a zero-sum 100 percent final exam game? None of these just for a couple of years." As tuition ri~e~, measures require a large bank account; they even more graduates &om Canada's 'predo, ho\\ t•vcr, require bold and imaginative mier' law school will choose Bay Street reform of anachronistic institutional norms. salaries over public mtercst jobs. Is that 3) ,\ school from which no meritorious stu· what 'excellence' means? Is that what it dent "will be excluded on the basis of fman· should mean?

School needs innovation, not higher revenues BY GRAHAM MAYEDA What is most shocking about Dean Daniels' plan for the future of the Faculty of l...'lw? The way it repackages an essentially conservative vision of excellence as somethmg new and innm;ativc. The dean's Yision claims to promote divc.:rsity, scholarship and access tn educauon br the age-old method of increasing spending. The problem with the dean's approach is obvious. The game that he \\1sht:s to pL1y is one we can never win. The econormc resources avmlable in the l.·nited States the model for the Dean's vision - arc vast 111 comparison to thmc available m Canada. Wh.tt is needed instead is niche marketmg. \X'c need to ask how the Faculty of IM'I\\' can provtdc a vbion that is so uniyuc and compdhng that the vts~on alone can attract .tudents and faculty. Such visions extst at other universities in Canada. One example is the Mc~tasrer ~lcdtcal School. The case study approach used ar McMaster was so unique, and the \-ision of medical training it promoted so compelling, that Harvard

University Muuied its model and adopted many of its characteristics into its own medical program. Such innovation only comes about through the input of all the players - prof~·ssors, students and administrators and through the cn.-ative synergy that results from such broad-based consultation. But the crt-ativc force of broad consul ration has been limited at this ~chool by the imposition of the Vlt:wpotnt of a few decision-makers. The important societal goal of educating members of the legal profession has been recast as the legacy of an administration. Thl• Jean claims that what makes a law school appealing to srudcnts is a low teacher- to-student ratio and excellent scholar:;. But more than this is needed. My limit· t·d experience of teaching has shown that students also want a safe space in which to test out new ideas and to be challenged \\ith new and exciung viewpoints. Raising tuttion cacgcts the group \\ith the lca5t po\\·er - students. Of all the con· stirucncies providing funding to the faculty, students alone arc in a position of wl:akness

$25,000 over the next number of years, as conjccrurcd m some press reports, cxpcndi-

The economics of world-class institutions

Too high a price: debunking the dean's proposal cia] nn·J ... " \\'hat about financtal fear? l\ S37,000 per anmm1 tkht loaJ (based on $25,000 tuuion, SI ,000 rnatenals, II ,000 U\'ing expenses) is hkdy to deter srudenrs from lcs~ \\·cahhy backgrounds, rnaturt· smdmts, and students with families. Furthermore, the facult) 's rccurd on bursar} and back-end debt relief programs b decidedly weak. Bursary grants arc prombcd pnor to registration, bur not specifically allocated until wdl into tht• school yt•ar. The new back-end debt rehcf program is con· fusing at bcsr, and simply non-operational at worst. The school's tinancial officer is overworked, and proposed srudtcs on fmancial aid never get out of committee. How can we trust the school to admimstcr its financial aid programs any better in the future? 4) 1\ school "where students can make career choices not burdened by srudent debt servicing costs."

THE COST OF EXCELLENCE

AN ALTERNATIVE VIEW OF EXCELLENCE BY ALEXANDRA DOSMAN

THE TUITION DEBATE

22 JANUARY 2002

The regressive nature of low tuition

mrcs per law student from all sources at U of

BY MICHAEL TREBILCOCK In current debates about tuition fcc incrcas· cs at rht L'nivcrsity of Toronto Faculty of La~. several aq.,>uments have been made agatn t tuttion fcc increases. All of these aq,>umcnts arc unpersuasive, and the case for tuition fcc increases imperative.

The dean won't be the only one flipping burgers if tuition goes up to $22,000. .\fy vision of excellence also mcludcs: I) A school where all members of the community arc part of the visioning and decision-making processes. In his op-ed piece, the dean menrions the "multi·consutucncy faculty, student and staff commirtee that 1 chair" which is mandated to produce a fiYc-ycar academic plan. He doesn't mention that the committee's report (the Provos t:ial Report) is to be written by the dean personally. To date, the committee has st:en little of the report, and the \\ider school community even less; genuine debate has been forestalled . .\!though the dean has mvited email submissions to the Provostial Committee, there is widespread pessimism th:tt any comments whlch run counter co the dean's vision will be incorpo rated into the report. 2) A school that values human cap1tal m·cr fancy new buildings The centrepiece of the dean's vision for the law school is a fivc-storer 'state-of-the· art' new building-\\ith a price tag of S60 million. The implementation of the plan \\ill reyuire funding from government and alumm to be diverted to the building, \\ith tuition left to !'ay for all other expenses, including

professors' (rising) salaries. Taxpayers and alumni have genuine cause to wonder whether their dollars arc best spent proYiding the law school with a glass towermetaphorical as well as physical. 3) I mally, and most importantly, a school that conceives of legal education as a public good. The legal profession holds a monopoly on justice. \Vith that privilege comes a commensurate responsibility: ensuring that lt.-gal education is accessible, responsive, and infused with public values. The law school's duty to the public is violated when Canada's 'premier' hi\\' school orients itself as a corporate feeder. This htgh·cost vision of l'xcc:llence can only lend weight to those \\'ho

~u"'cus:c

rhc.· lc.•g.•l prc.rc..•ssion uf ,. • ._;.-il't

ing public concern~ to the bottom hne. The University of Toronto Faculty of Law should not aim to ape Harvard or Yale. Instead, it should articulate a distinct viswn of excellence bas<:d on accessible legal cducarion. Only a firm commitment to the pub· lie nature of legal education and legal pracucc will ensure the U of Ts place among the truly great.

\Vc do not know what students are not coming to U of T and wh). Yet the answer to thts quesoon would help us to understand in rclanon to the admimsrration. Srudents ho\\ to craft a new vision of what the law cannot control the v..-ay in which the tuition school could be. If we knew who was the}· pay is spent. The power Imbalance has deterred from applying to U of T because man) source:;. Students are at the mercy of of high !llttion, we would bema better post· a faculty that i~ responsible for their evalua- rion to as~ess the tmpact of tuition increas· tion. They have very little information dur- cs on student diversity. ing the first thtrd of their law school careers The dL-an 1s right to claim that Canada about the political structure of the faculty, deserves a first class law school. But tus and the ml:ans for bnnging about change. adoption of U.S. schools as a standard for judgmg excellence n:mains uncxplamcd and unsupported. And frankly, it lacks creativity. What is needed to develop a top qualit) Of all the constituencies provid- institution IS consultation about what excel ing funding to the faculty, stulcncc in legal education means and crt-:ati\"C thinking about different methods for dents alone are in a position of achieving excellence. J\ unique vision from a weakness in relation to the student's perspective might involve an inno· vauve curriculum, new tcachmg methods, a administration. faculty committed to excellence in teaching, mcn:ased diversity in the srudcnt population, empowerment for effecting change, Government and private donors, though and the frl·edom to pursue our careers of they pose their own dangers. at least have the choice. \X1hat would such changes cost? L\ power to withhold funds when the program little time and effort supplemented by crethey arc funding docs not meet their expec- ativity and eating, but certainly not $25,000 tations. Srudcnts do not ha\·c this ability. a hL'lld.

The first af!,>umcnt against tuttion fee incrca.~c:. 1s that to the extent they reflect an aspiration for the University of 1oronro to achieve the stature of one of the top law schools m '\Jorth .America, this aspiration is preposterous, presumpmous and unattain · ablt, and we should resign ourselves to being a well-respected regional Jaw school (Edttorial in the Law Times, Jan. 7). I find this argument both demeaning and dcfeanst, as well as being empirically ill-grounded. \X'h} should Canadians and Canadian instiru· nons ahvays assume that it is their lot in life to be mferior ro their counterparts in the L.S.? Empirically, the aspiranon IS not presumptuous or unattainable. \ distinguished international review committee that recently assessed the faculty concluded that it "is the strongest law school in the country and is in the elite group of law schools in the work!."

second argument made ag;\inst tuition ft:e increases ts that Cana<han law sclux>ls, lfl(_ 1uding

or "I :

can as.pn·c

f()

rhe fughcsr

levels of academic excellence, albeit in a unigucly Canadian way, but \\ith a fraction of the resources that top law schools in the U.S. dcvme to legal educanon (Jim Phillips and Denise Reaume, National Post, Dec. 27). While I fully accept that we should aspire to the highest levels of excellence in a uniquely Canadian ·way, while also being sensitive to the increasingly international context of many lc~,>·al issues today, if tho~c who sub· scribe to this \;C\\. are corrcct they should consider getting into the business of law school consulting, and demonstrate to top U.S. law schools that they could achieve the same levels of acadLmic excellence as at pre· scm at a fraction of the resources they are currcndy comrnitnng to this cntcrpnse (and presumably largely wasting). The difference in resources betwc.:cn U of T and top U.S. law schooL~ is staggering. Currently, from all sources (government grants, ruition fees and endowments), U of T spends about $23,000 CON per student per year, while expendttun;s per student from all sources by top American law schools, public and pnvatc, range from $30,000 US to $87,000 US, and ruition fees from $28,000 ($15,000 to $26,000 for in-state students in top public schools) to $39,000 LS, supplemented by huge endowments wh1ch we lack. Salaries of law professors at L of T are approximately 77% of salaries of faculty at top U.S. law schools in norrunal dollars, 50% in exchange rate adjusted dollars, and 63% in purchasing power parity terms, rendering it next to impossible for us to compete for top Canadian, U.S. and other scholars in the l..S. market, and increasingly difficult to retam top scholar.; in the face of aggressive recruitment effort.~ by top U.S. schools. l\s the same international review committee recently

noted, "without question the greatest vulnerability rn this domain [faculty retention] lies in d1c area of monetary compensation." In addition, a wide array of student and faculty support services provided at our school arc paltry compared to the level of service:. provided at top t;.S. schools. \Vhilc it might be argued that top L.S. law schools arc not the only possible intLmaoonal comparator, the truth of the matter is that the l'.S. (as in so many ocher areas of Canadian life) is in rt-ality our principal source of competition for both srudcnts and faculty. The key question that we should focus on is whether the nc.x"t five-year plan for the faculty offers valueadded for students commensurate with n;ition fcc increases, not the increases ptr Sf.

ruitio~

third argument against mcreascd fees is that this will compromise the goals of eyuality of access to the law school, irrespective of student means. This is a legitimate concern, but empirical data to date do not suggest any decline in number of appli· cations, number of acceptances or diversity of the student body, and indeed the oppo· site, in part reflecting the special ~tudcnt financial atd program that has been put in

Why shou\d Canadians and Canadian institutions a\ways assume that It is their Jot in lite to be inferior to their counter-

BY BROCK JONES Recently thtrc has been much discussion over tuition fees at our law school. ;\!any people arc convmced that raising tuition is terribly incywtablc and want to sec a tuttion freeze, if not a roll-back to earllcr Oower) lcveb. 'Ibis would be a colossal mistake. Tuttion fcc hikes, especially at law schools, arc in fact incredibly progrt'Ssino:. Those concerned \\itb ensuring equitable access to higher education should not seck lower fees, but should instead demand

would continue to be provtded by the taxpayers of Ontario as a universal subsidy regardless of 5tudents' means. Obviously there Will continue to be a major rcwurce gap that \\ill demand all the ingenuity we can muster to overcome, lca\;ng no grounds whatsoever for complacency on our parr. However, as an t-arlier international task force on the law school in 1995 remarked, U of T is one of the best value-for-money Ia\\· school~ in the world. It v..ill remain so even \\ith significant tuition fee incrL-ases. Even if tuition fees were to rise to these levels, the scale of the investment by a stu· dent and/or her family in their education needs to be kept in perspective. Small business proprietors by the thousands across Canada make this scale of investment every day in new enterprises. First-year associate salaries in Toronto arc now in the $90 000 range and increase rapidly in subseq~ent

changes to the current student loans pro· gram to ensure that it too is more progrL'S· sive. The way to do this is through an lncome·Conringent-Loan program. First, it is important to place the issue in its proper context. Government spcndmg on post-secondary education has declined ~ recent years. Financially, the reason is sunple: governments have had to balance their ~ks after years of irresponsible

p.:ars. Most small busmesses face much less certain prospects. Students arc able to rl.-alizc a return on therr mYestment over a forty-year \ carcer. There arc few other invcsmlent~ available in the Canadian economy that offer such a stab\c and gcnetous rate o f .return._, 1\\on..'<.l\·cr, moM stut\ents on grat\uaung ~nu \\ tl' '· th · h · r:_ h pureh asu"lg t eu u=t omcs w1 lin" no . _, ..... "' ,__

spcndmg. . . . There IS also an cqwtable rL'llson. 1hc c~onomtc bcnc?ts of post·~~con~ary cducanon accrue chtefly to student:. m tc:tm'> of thcu improved lifetime eac~g ptos~tsThe more the co~l of \he1r eduC'l\non 1$ .v home hy the ta~ayer the: more u•\S tc\')tC. • SL't\\S a rcgress1ve '!Tans(er ftllm the \t....,.s £or . nmate to the wea\\h). \•uru-cc ')OUn\"0, anor u1g o ( uurro~-um $<."V<."T'.u run· u>'ll •w,ure (on "iuc-'ll tllc"f"<' ,_, tJO rtniUJCU.f.t"CLII.rTJ). ncl d (JtU'tl (0 mRK gro , J1 abot•("-, \'Cr.ll::c 11

- . •c , u_nc true 1 JS c ur r I<' ug Jest c•-r ot mtcrnanonal excellence do nor come f,.cc. • .Someone has to bear rhe~c costs. The f 0 · 1 h lis · d p;~y~rs 0 ntar!o apparcnty a\c a. nltc willingness to absorb the costs., lcavmg the · · 'th h · f b J cct Ix:ne fitetanes w1 t e opnon o t-ardie · · ·fi fra f th f h' ~g a s~gnt cant coon o . ~ cost o t IS mvcstment . themsclve~. IS rmportant . ItTh · .to add that thts 1s an opnon. ere arc stxtccn · d common Iaw schooIs across C anad a. me1u · .mg -.1x . 10 . 0 ntano. . E:.ach will no uou ·' b t .m t h c .h. · '· Ia · future seck to cstab]1s trs parncu~.1r p cc m . · · Ia . . will h . , 'ch W\ers a\c an the sun, and asptnng · · Tl menu of options to choose among. 1e C di h 1 11 argument t~at a an~ aln ba\\: sc odo1Is should con.orm to a smg e astc mo .e , . . whtlc rcflccung a deeply entrenched but mts· _, · d' _,; .. · · · . placcu Cana tan cquaw-mg msunct, WI11 den • students that choice. ~ · d · · h Chcapne~s •.n c ucanonh•. as I tnk ot crf aspects of life' 1s not evern · mg. ·now o what I sn<'ak. I am a graduate of one of the · ,--. . chcapcst and most accesstble law . :;chools IllJ the world. It cost nobody . anythmg to :men (tndced we were all patd a_ small govcrnmt:nt . . bursary to attend). Admisston was open to , • 7 with a h~gh school diploma. \\e had evcn·onc • . . onc full·nmc facult} member tn my first year, .thre~· when I graduated . four y<..-ars . . later. ~fost mstructors were mediocre pracnuoners who. . . needed to supplement therr mcomcs. ~iost ~tudenn; studied part-time after ftrst year. Most classes were held before 9 a.m. or after 5 p.m. The law library was a few shelves of law reports in the general library. The intellectual experience waJ; appalling. Would 1 have preferred to attend Harvard, Yale, Stanford or the University of Toronto, even if I had had to borrow the money to do so? It is one of my major life-long regrets that I was denied this opportunity.

talt·l

parts in the U.S.? place. This issue dearlr needs to be closely monitored in the future and further enhancements made to the financial aid pro· gram so as to ensure that nobody who is admitted co the law school on merit is pre· eluded from attending because of lack of means and that nobody graduating from the law school need forgo less well paid but soctallr important vocational choices because of debt obligations.

T would still amounr to only $32,750 CD!:'! comparcu to the range of $30,000 US to $87,000 US at top public and private U.S. law schools. Of this amount, about $7,000

somcti~es

fourth argument made against tuition fcc increases is that in order not to risk compromising the goal of acccs· sibility, it would be preferable to press the provincial government for higher )c,·cls of fundrng for OnraJio uniYcrsitics. \Xe'hile mak· ing post-secondary education free or cheap to everybody, rLt,>ardless of mt:ans, may or may not be a good idea. the political realities arc that over the pa.st twenty years, despite constant pleas from Ontario universities, through provinctal governments of all polit· ical stripes, and through both ups and downs m the business cycle, real levels of support for post-secondary education in Ontario have continuously declined to one of the lowest lcvds in Canada, and with an ceo· nomic downturn now upon us and with soaring health care costs (now 44% of the provincial budget), it is naive to assume that this trend is likely to be dr:unancally reversed in the foreseeable future. Even if tuition fees \verc to be raised from their current level of $12,000 to

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flUtJOtJ

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bl' the· rc..<cntl ,rand n•iddlc-d:tss. • • P } po< .. I·or both of these reasons, cumon rates han- men over the past few rt:liD, k'lldmg w a dramatic increase in .srudcnt debt. . d h C _, s· _, SnJdents un cr t e current .anaua • tuucnt th' _.. __, b Loans Program arc forced to rcpa\· 1~-ue t during their fm;t ten low-earning ;.<.-ars after ·' . This puts n'dicu 1ous amounrs grauuaoon. of pressure on \'oung workers to pay back · huge lo-ans. . . This ~y~tem of ~tudcnt loan financmg •s . . disastrous. An excellent alternaovc IS the -' repayICL. Un likc t h c CS'l • ,p, ·It sprcaus , . . . mcnt over a persons working life and IS sensitivc to rise and falls in income." the higher

the mcomc, the greater the payment. . . 1 repayment ·•~ Below a ccrtam mcome 1eve, . d d suspen e · · · U ndcr ~uch a system no one ·~ dented entrance to law school based on nhility to • par I·urthermore c\·crvonc can eh oose · ' the career parh they \\ish· once thc.:y grad u· 1oans a~. ywc • -kate; th ey mav pay b ack- t h etr · f • ly or as slowly as they choose. U o 1 cur· b ac k·-end ue -' b t ren tly runs an ·mnm-aove li f h · _:t. ICI B · r(· e sc erne Slnlrulr to an ,, ursanL'S . · k to graduanng srudcnts who commit to IW. mcome careers help prevent the ..rush to u S · pub . oar ' trect, • and rroster cmp1oymcnt tn lic •crv1cc. . ICJ · · 1 , ..s operate m a sun1 ar, b u t grander fashion. Rising tuition foes are not necessarily something to fear. Combined W1th lCl~s. there is no reason to believe ther will make law school any less accessible to those who deserve to attend. So far, we have heard much calk about higher fees &om the law school admmistration. It is time to hear more about what they arc doing to implement responsible funding options.

THE PEOPLE THAT RUN THE SCHOOL

The janitorial staff: We need them - but do they need us?

This months Feature introduces)'Ott to son1e of the staff 1vho keep the Facui!J of La1v going. 1'0u won't read articles l?J thetJJ in The National Post, andyou could graduate without ever having learned their nan1es. But without thetll, things 1vould fall apart; the centre would not hold, and anarchy would be loosed upon the 1vorld

BY BEATRICE VAN DUK

Boxen helps students choose courses. And choose them again. And again. BY SIMONE BOXEN l' ~chool pays me $11/hour. That is my nswer to everyone who has shown their concern for the stress and frusrraoon I face in mr position as the student program coordinator, by saying, "I sure hope they par you enough " Whether or not you think I'm getting patd enough will, I suppose, depend on your views of what kin'd of privileged position law students hold in contrast ro the real world. Believe JC or not, this past summer I actually turned down an offer to return to a position paying S15/hour, as the law instructor at a day camp. I thought that the pressure of data entry and answenng the phone would be less than the pressure of teaching, scoldmg, and running after young children all day. Surpristngly, the N-'0 positions turned out to be remarkably similar. \ wou\u often Cll\)ress to Ce\ia my utter shock at the facr that certain students had been admmcd into law school. I t's lucky for many that the skill of simple addition, as IS required to calculate how many credits one

Simone Boxen hides from demanding upper years wanting to change their courses will be receiving m a semester, is not one of work for the other side? the entrance requirements. I could go on ow I finally know what it's like to be a about the numerous quirks possessed by law "they". For example, I am the "they" who students. Suffice it to say, though I often configured the uutial upper-year class and hide it, my nerves do get stretched to the exam schc..xlulcs. This duty was not part of breaking point there arc only so many my job description, but I happily took it on orncs one can hear "Can I ask you a ques · in an effort to help defray the workload put non?" before screaming in response, ''NOI" on other support staff. It was the only orne \X'hcn 1 started law school Jt was tmpor- that those u; \ T skills actually carne in ranr co mew tr} to fully unmersc myself in h andy. 'Ib be candid, th o ug h , it was n ot a the law school community. What better way task that should have been left to a student. to get that full experience than by going to I made sure to stick to certain guidelines,

such as purring courses in their proper semester, and keeping in mind the preferences of the proftssors, but I also kept in mind my own preferences. Obviously, I was not going co put two courses that I planned on taking in the same time slot; and I could not have cared less whether debt financing confucred with secured transactions. It is now difficult for me not to feel guilt every time I overhear students grumbling about the schedule that "they" made. It hasn't been all horrors, though. 1 truly enjoyed spending my summer keeping in touch With friends from school under the pretense of course sclccoon; and I also had a chance to interact with many wonderful, fncndly, and funny law students who I never would have met otherwise. \ most enjoyable aspect of the job was the amusement provided by Celia and Effie as they tried to convince me that, though I don't know it yet, I do want to get married (but I should hold out for someone rich, according to Effie). Other perks included bemg able to keep up with the school goss1p, receiving a key to the staff kitchen, and getting d1scount designer clot hes from th(•

M'xy

1\fav . ero.. o. althm•p,h

D ea n D a mds snll d 01:sn 't know my n ame, l'd

have to say that, all thmgs considered, I might even have done it for less than $11/hour.

Maria and Sita: Their coffee and muffins keep us going BY MEGAN FERRIER & KAREN PARK Maria Ferraz and Sita Simpson: Maria has worked for Sodexho for five years and is in her second year at the law school cafetena. Sita has worked at the law school cafeteria for the past five months. On the law school and law students Mana and Sita like the law school, citing law students as one of the main reasons why: UV Do you like the law school? Stta. I like the atmosphere-laughing, joking. I'm hke Sita and Maria that. I like the students-they make me feel happy, telling jokes. They are smiling, energetic, and patient. If there\ a long line, they wait and never complain. UV· Do you know who the dean is? Maria: Yes, I like the law school! Law student.<; arc nicer '\iana: Yes, Daniels. than other students. I worked at [another faculty at U of S1ta: Daniels and Brian Langille. TJ but you couldn't be friends. The students (here] make UV. What do you thmk of the Dean? you part of their life. They tell you their problems when ' Mana: He 1s nice, always jolung, always asking "how's they're down. They make you feel like there's no differbusiness?" But not last year [before the move of the ence between you and them. cafctcna to Its current locaoon next to the Rowell UV: Don't you feel that way about other students? Room]-I did not know who he was because he never Mana· '\Jo, not other students at U of T. They treat you came downstairs [to the old basement space]. like they're the students and you're just a cashier. Sita: He's okay. UV: Is there anything about the school that we can UV: What do you thmk of Brian Langille? improve? Sita: He's nice. He always jokes with me and smiles. Mana· No UV: What do you thmk of Lois Chiang? Maria: Never com plains. On the administration and faculty UV: And the professors? The dean and professors also receive pra.tse from Maria Maria: They're all nice. They don't give you a hard time, and S1ta for being nice and friendly. Bnan Langille is a especially Brian Langille. He always says "hi" and someparnculu favourite: times just comes in to say " Hey, Maml"

O n sen ding th eir kids to U of T UV: Now that tuioon's going up to $25,000, would you send your kids here? 'Mana: Well, if they want to, then we have to do what we have to do. We have to sacrifice. It's not for us (the parents) to say; it's for the k.tds to dec1de where to go. Sira: If 1t's unportant to them then you have to pay. On Ultra V m.r UV: Do you read UV? Maria: Yes-1 like the part about the jokes: especially last year's about interviewing. I thought it was funny. S1ta: I pick it up and look through it, but I haven't really read it .. . but now I will! On the eating hab its of the law school community UV: \Vhat are the most popular items m the cafetena? Sita: Muffin and a coffee. UV: \Vhat about sandwiches? Sita: Chicken goes really fast. UV:Soup? Sita: Chicken soup.

On law s tudent messiness the harsh words (I.e. "goddamn revolting") in a recent Ultra Vires opiruon piece (Nov. 20, 2001), law students can take comfort m the fact that neither Maria nor Sita thinks that we are slobs: UV: Do you thmk law students are messy? Maria: Not any mo re than o ther types of students. Sita: No. Afte~

~~dOng

1 was enlightened. the uruversity as a }anttor for two and a half Q: \re law students messy? years. She works in both the I ·acuity of Law ,\: Not bad, not really messy. I have seen and the Faculty of Mus1c. She used to work worse places. Sometimes everybody cooper· as a cleaner at Ontario Hydro. She says the arcs to keep clean, it's better. But ~:e need people at Hydro were cleaner than law stu- you guys, you need us. If you don't make dents, but only because thcr just sat at their mess, we don't have job to do. Q: Arc we mess1cr than mus1c students? desks all day. Initially, ~ledciros 'W'llS rcr.jccnr to give A:Thc Music Building 'W'Orsc. Ultra Vires an intcrvtew, "because my Q: Do you know the name of the dean? \:Yes, I think so. Daniel? English bad." But after some encouragement, she agreed to sit down for a chat in Q: Has he ever spoken co you? A: J never talk With him. the Rowell Room. It was a rcl.tcf to see Mcdetros evince a Q: Do you know any of the professors? A: I not really spoke with professors. Except calm tolerance for the habits of law stu dents. However, she was so cautiously toler- the little one, there. (She gestures cowards ant and diplomatiC in most of her respons- the professors' offices.) Martha. The only es, that I found it impossible to glean much one I really talk to, the other one, she small information regarding the general cleanli- and skirmy, she left to work at Parkdale. ness and level of propncty of other mem- (Professor Janet Mosher.) bers of the law school community. Q: How long have you been in Canada? \: 25 years. But I never go to school here. Following are a few of the pomts on which

,.bel Modciro• h" b<on

Isabel Medeiros: a zen attitude towards mess

Q: Do you have children? \: I have five children. The oldest one is 24. She works in Fon Ene. My other daughter, she works here at Bloor and Yongc, she is secretary. My 19 year old don't like school. She says, I ~:astc my orne, you ~-astc your monc) 1f I go to school. Q: \X'hac arc your hours? _\:I work from 7am to 3:30pm. I like to starr 6:30am. I take lunch 11:30-12. Q: Do you live in Toronto? \'\'hat area? \: I live in Toronto. Dufferin and Dovercourt area. Q: Do you read Ultra Vires? \: Sometimes I read that paper. The other one, the one with the glasses, I used to talk with her. (Medeiros refers to former UV editor-in-chief Melissa Kluger, who graduated last year.) I saw her bemg mterviewcd for the television (during the ongoing grades scandal). I watched her on TV. I used to talk with her. Yeah, sometimes I read your paper.

Ted "Buddha" Tjaden calms recalcitrant columnist way from its humble cardboard origins. It is now solid oak and answers arc posted methodica\ly and comprehensively in what

CONTINUED FROM "LIBRARIAN,"P6

eagerness

to h elp students h ave turned tht 39 year-old into a p e rhaps unwilling

folk hero. He denies the suggestion that he's the most popular figure in the administration. "I don't know what you mean. I think librarians ... lack self-esteem and arc really concerned that people don't like us." He attributes any popularity he has to the nature of his JOb; he's employed to give people a hand and 1S allowed to waive library fines on sympathetic grounds. Further, he has been known to relax library rules so that members of Srudytown (the section of the first floor of the hbrary where student squatters occupy carrels over exam penods) can feel more at home. He was recently awarded a key to the town in honour of his patron-

age. But his popularity has come at a pncc. After a full day of checnness, Tjaden says there's no smiles left by the orne his shift ends. "My wife's biggest complaint is that I come home grumpy every rught because part of the problem 1s that I've been nice

When Ted was alone in Africa, his daughter sent him an email stating, "We miss you daddy. When mommy and I are upstairs we miss the sound of the TV downstairs." to people all day long.... So it's a serious problem. O ne of my New Year's resolutions is to be mo re grumpy during the day." Ano ther drawback of his job is that he

probably the mosc cron.,p.ucnt proc:c-.'-'

the law school.

What are Tjaden's future plans? He derucs he has ambitions to one day become dean. He is even apprehensive about the fact that he will be acting chief

"M y wife's biggest complaint is that I com e home grumpy every nigh t becau se ... I've been nice to people all day long," Tja den says. seems consumed by it On a recent beach resort holiday m the Dominican With his wtfe, Tjaden was preoccupied wtth rus job and what he wanted co do when he returned. He says that being a workaholic has also limited his outside interests. He no longer plays the bluegrass banjo. He doesn't do much besides watch television - an average of six hours a weeknight. Seriously. When Ted was alone m Africa, his daughter sent hun an email statmg, "We miss you daddy. \Vhen mommy and I arc upstairs we miss the sound of the TV downstairs." "So I guess that says something about m y TV watching," says Tjaden, who not o nly works but also conducts family business m front of the rube. However, Ted has taken some positive steps in addresstng some of his addiction issues. H e has reduced his Coca-Cola habit to one can a day from about two litres a day.

One habit that some students feel he should change IS the alarming way he gives out pasS\\.'Ords to on-line research databases. Tjaden claims that he never fought m \'1etnam despite the fact that he issues the passwords in military-style code. I ask him to demonstrate and he indulges me. After chewing the rice in ht.s mouth, Ted lets loose his army alter ego: "Tango, David, Henry, four, three, two," he says in a slightly raised v01ce, chuckling intermittently. "My daughter tells me that I lisp, so as a result I tend to spell them o ut," he offers as an explanation. Smce coming to the law schoo~ Tjaden has overseen many changes, probably no ne better received than the Noah Gitterman Suggestion Box at the front counter. He says noted suggestio ns have mcluded " need more crack dispensers in the washrooms" and "Jnake [fo rmer studenc circulation desk staff] Cory E xner wear a dress." The box has co me a lo ng

After chewing the rice in his mouth, Ted lets loose his army alter ego: "Tango, David, Henry, four, three, two," he says in a slightly raised voice, chuckling intermittently. librarian when his boss leaves on a sixmonth sabbatical in rebruary. "Even WJthin my own circle of expertise I have no idea what I'm going to do over the next six months so I can't even comprehend what I would do if I were dean." He's also not confi<.ocnt in his administrative or management skills that for some reason he thinks are required for the deanship. For now, Ted is content teaching, writing books and helping students. "I don't delegate well, I don't like making difficult decis10ns, and there would be a danger of the Peter Pnnciple [which states that in a hierarchical structured administration people tend to be promoted up to the level of thetr own incompetence].'' Asked whether he thought any current administrators had their jobs as a result of the Peter Principle, Tjaden laughs, pauses for a mo ment and gives his usual diplomatic answer. No. "''m COming across as a brown-noser fo r the law school but I'm actually pretty proud of dte institution."

EDITORIAL

ULTRA VIRES

\'3 '/EARS

AC.O :I. WAS. A STRAIG&HT A+

Citra \ ires IS the student llt:\l.~paper of the 1-acull.) of La~ at the Umvcrslt} of Tbronto. Our

STU PENT ON 'TRAc.K To

goalts to pr0\1d~.: a forum m "'hich students t."an exchange thetr 1d~as. We hope to foster a sense of commurun· ~1thm the hcull.) of La\li, the llru\ crsll) as a whole. and the greater Toronto area Our miS!:IOn lS to incrcast• student awaren~:~s of legal and sooal issues and, m turn, to encou~c our peers to contnbute to the m:ut} · commuruUL'S of which wt· are a part.

60T't'&W A CRA~\.l Co&AitS& lN R.E:fH. Llf£ 1liR'f ~ PR~ARet) ~ 'T'O TAKe 0"' TWE; woiQ.D: OE.&i, AN'')(IE'TY, ST~,

SAVE THE WORLD. NOW) "THANKS "To 0 OF

1' &.AW,

'].'.Vc

FAIL'4RE ANI) MORE ! 11

Hdit(Jf'S in·Cbitj Noah Gitterman · Dan Murdoch I\'111-s

Tim Wilbur (Vnivcrs.tty Affairs) Bernina Butt (Student Aff:urs)

fVtthtrrs Ali Engel Beatrice van Dijk Etii14rial & OpiiiiOII Joseph A.G. Berkovirs

1Jb11!SJIIes Simon-). Pro ulx

DztmJons Stephen Parks

Produclio11 Mafia!!" Salman Haq

Adlln'tismg .M.a11agtr Jenm{et Weinberger

B11s111m .Manap jennBoa~e

C~pJBditor

l..1sa Vatch

Conlrib11klrs Sandra Chu. Simren Desai. Theresa DiGangi, Alex Dosman. Jill Evans, Megan Ferner, Jacob Glick, Mel Hogg, 1\.tike H ollinger, \ngcla James, Laurie Jessome, Enury Mak, Samer Mu..~n., :Mindy Noble, Karen Park, Ian Richler, llauhne Rosenbaum, Gillian Scott. Stepharue \X'akefidd Ultra \ trcs JS an editorially autonomous newspaper. l ltta \ tres is open to contn'butions which reflect dxvcrse points of view, and its contents do not necessarily reflect the views o f the Faculty of J..aw, the Students' La\\· Society (SLS) or the cditonal board. The editors 'll--ekome contnburlons from students, faculty and other Interested per sons, but reserve the right to edit subrruss10ns for length and cont~:n t. Communications Cen tre, hlconer Hall 84 Qllccn's Park Crcsc't:nt Toronto, Ontario, MSS 2C5

(416) 946-7684 ult.ra.vires(W.utoronto.ca ~'\\'\\. law.utoronto.ca/ultravtrcs

Ad\·e:rtt~iog

inquiries ~;hould be sent to the attcn aon of the advertising manager at ultta.vires@utoronto.ca

Ultra Vires lS published monthly, and ts printed by WeUer Publishing 1t1 Toronto. Circulation 2,000. T he next issue u>iU be in Feb ruary 2002.

EDITORIAL

What does faculty council have to hide? ly, I

vcr the past year, thts school has faced considerable press attention. Coverage has gone from scandal to a more fundamental examination of the law school's dir~:ccion regarding tuirion increases . .\lost recently, rhe ::"l'acional Post has requested permission to attend faculty council meetings. Though no declSlon was made at last Wednesday's mccnng, a number of professors and administrators were very reluctant to grant this request. Most people doing their jobs expect to answer to superiors and clientl>, not to the media and the nation. Th1s ~\t't>ht:s to public ;\S we\\

from further public distrust. And if the school shuts out students more than it already docs, it will foster greater animosiq· on campus and a further decline in reputation. No one at the meeting talked about free:.-ing out law students or Ultra Vires. But is it possible to exclude the nauonal media \\.1.thout excluding stu· dents? Sure, it is possible on a techni· cal level the council can say that only members of the law school community arc entidcd to attend meetings. But what docs this accomplish? What might a member of faculty council say that they don't want printed in the National Post, or for that matter, the

for the school's administration and faculty, is not necessarily best for the public. As such, deliberations over the academic plan should not only be open to students but also the national m~:dia.

\fam professors were concerned that the press would have a chilling effect upon the frank discussion of contro\·ersial issues. Brian Langille argued that if the media was present at faculty council, the meetings themsieves would bcomc a place to vote, ( rather than to discuss, and all worth\ wlule dclibcranons would occur in the halls of Falcon~:r, away from thl' Jicta-

phonc~

and notcpac..ls of journalists. \\'hrl<• rhrs prcst·nrs an amusing picture of professors huddled ours•dt• the J bookstore in the Falconer basement, internal admtmstratlon when the body speaking in hushed tones and ducking Itself is 111 the best posicion to make waterpipes, Langille lS perhaps oversuch decisions. stating his point. The issues faced by But the law school has politicized the agenda of a public institution and council that will be of interest to the n;\Oonal med1a arc fe\\: 1\nd if these has therefore forfeited the right to is~ues are of a more personal nature, closed deliberations on matters that rmpact the public mtcresr. \\'hen reguhke the disciplinary concerns of last yt.'llr's grade misrcprescntariono;, the lated, tuition levels arc open to debaw press can be kgirimatcly excluded by elected representatives in the legislature. Deregulating tuition docs not because the personal and institutional :remove it from the public interest. By concerns are greater than the public interest. accepting and indeed embracing deregulation, the ~chool opens itsdf :O.lany council members demonto public scrutiny. strated a fundamental distrust of the The academic plan sets out future press. This atotude, and the suggesprogram initiatives that directly tion that they will go behind closed impacts tuition b:cls. The school doors to discuss matters that impact a should not be entitled to decide these legitimate public interest, is disaplevels in exclusion. The public interest potnting. Tuition is a hot issue and trumps the concerns of a public umthis school is alr~:ady in the media versit:y as a ~elf-interested cnriq·. \X'hat glare. If the Post reports that it is 1s best for the schoo~ or more cynicalbeing excluded, the school w!ll suffer ns privnt<' instirurion.< " prrhlic /x><l;is cnotlerJ to reasonablr: pnvacy m Jts

says something controverstal at council, we \\ill very likely report it...\nd if the national media picks it up, or even if 1t only results in criticism from students, will calls then follow for our exclusion from these meetings? If professors do not have the courage of their convicrions, or if they arc reluctant to make public their ;iews on what is d~htfully a public debate, then they can voice their thoughts and fears in the halls of Falconer. If these thoughts arc not fit for public consumptlon, they do not deserve considerauon at facult} coun cil. This may end up weakening faculty council and dri"ing dccisionmaking underground, and the school might suffer in consequence. But the blame in that case would lie with council members and not the press.

Letters to the Editor Optn Idler to Pmidtnt Rrrgmtall and DMn Daniels: Having been threatened \\ith dismissal, subjected to an ad hoc investigation not contemplated by the univ~:rsity's agreement with faculq•, pilloried in the press and consequently hounded by the media for month~. I GET THE ~fl .SS. \GE: YOU DIDN'T LIKE \VHAl' I S \ID What I don't understand is how anyone can say that there is nothing to regret in launching such a witch hunt, or that the University's behaviour did nm consti-

As you must know, 1\lr President, the has acknowledged in its pub lie statement pursuanr to the settlement of my grievance that I did not counsel misrepresentation. So let me try to rephrase the target of your disapproval: perhaps you mean that you think there arc no conditions under which it is appropnate for a professor in class to suggest a protest strategy that mvolves pulling the leg of possible furure employer.;. But then I can only wish that univ~.:rsity

tutc a threat to acadenuc freedom. When a Umvcrsity can do all this under the most gossamer thin pretext that an invcstiganon mto the facts was needed, the abilil.) of facu lty members to voice opinions of whtch the administration may disapprove 1s indeed at risk.

PLEASE SEE "LETTERS,• P13

Against the listserv (but maybe; in the end, it's a good thing) BY NOAH GITTERMAN t \\<·as heralded by the whole communi f)·. Its praises were uniformly sung. It was a projccc, an initiative, armmd which a consensus was formed (and agrunst all odds, considering this is a group of people whose interc:;ts arc joined by the thinnest of threads -an intnest in the b\\~ or perhaps stmply 10 law degrees). The hstscrv \\.1~ a good thing. And nor JUst good. 1t was nece~sary. The listsen· was going to usher m a commmucations revolution, a complete tmnsformacion of the ways in which the community would tell Itself about usd( Fast, efficient, l~asy to usc, 1t would keep law students informed - students who nor just thirswd to kno\\; but needed to, were cncitled to, 0· ri.,~hl- of all the important happerungs, cclebracions and general goinh~ on at the school (those were innocent days, pre-listsen·; it had not } et crossed any one's mind that they would \\~lnt to be informed about scandal). A wonderful idea, a breakthrough, or so everyone thought, and indeed they ~:xpresscd this to each other while cxchan~:,ring grcerings in the halls. The community would know more about itself than it ever had before, and would be better because of it. Unfortunately, the bright expectations of those heady days both exceeded and under-

esrimated the dim reality of life with the listserv. Let's not even talk about the paradoxical inefficit•ncy of a system that manages to get messages to students f.1ster and l'llsier than ever before, but through :;beer bulk can slow people down to a crawl. Let's not even speak of inboxes filled with meaningless directives to do your debt fin:mcing readings (debr financing?!?), but watch out, because it\ different than what ts written in the course outlim·, and sorry I didn't tell you that in class. Let's not hear of messages sc.:nt twice, threl' times. of irrcle\'ant postings, of erroneous news. of cmails sent both too late and too L'ltrly, of a sy:;tem that is completely unsystematic in how it thrusts upon us a jumble of unsorted information, ranging from the incredibly important to the spectacularly pointless. For the f.1ilure of the listscrv is a much rnore profound one. Efficiency, from the listserv's perspecrive, is a surface issue, one that can be recrified with changes to procedure, to approach, to attitude. But in facilitating the community's transfer of information about itsel f, a much more frightening scenario than inefficiency has appeared; a scenario so frightening, in fact, that a great institucion has almost been brought to its knees. \\'hat the listsen· did, ~:ver so sneakily (and who could ha\·c predicted such an

Letters to the Editor CONTINUED FROM •LETTERS," P12

VarsH)~

hur don't rnrnd having prinrc.l in Ultra Vires? I f a li1cuhy member

OPINION

22 JANUARY 2002

-.ould furrhc:r clabomtc your conception of academic freedom such that such a comment does not fall within its range. · Dmm Rimtmt

')'C>U

All

Oprn l1llfr /o Dean Damt/s,

1\chedu\ing of so many seminar courses is particularly unacceptable lt has lx·c:n a srruggk to till my schedule r/us term. Therefore, I do not feel that 1 am getting an education worth the fees 1 am paying for it. I also know that I am not alone amongst my peers. I hope this problem ts remedied in future years. - Rtalrict l'tm Dijk {liT)

The cour~c selection available to students at the Faculq· of I..aw this term IS terrible. Students pay h1gh tuition fees and go into debt to attend this F.diton, law school, only to ftnd that in the Being called an ass by M. ::-:euer upper years there arc very few classes (Letters, No". 20) isn't such a bad that arc at the same rime interesting. thing. I've been called worse, and, do not fill quickly to capacuy, and do rL'lllly, 1 have nothing against asses not conflict on the course schedule. some of my best friends are asses. Eight seminar classes overlap on Particul~rly if being an ass means Wednesdays. Six overlap on holding the rule of law above the Thursdays. This severely hmns stu- interest-; of any one State, including dent choice in our small faculty. ~fany the U.S.'. Of course, it's unde~tand important "core" classes like trusts able such a posiuon might be untenand administrative law arc already full able to non·asses such as \1. 1\.euer of and have waiting lists. This makes it Ne\\· York City who rakes the eye forboth difficult to tramfcr b~:twcen an-1\merican-eye approach to interclasses, as well as difficult to enroll in national law: do everything \\ithin courses that mentors in the leg:U pro- means to avenge Sept. 11th, even at fession recommend to students as the pncc of subverting the UN rh~.:y progress in their education. Charter, the Geneva Convention on I understand rhat many classc~ arc rhe Treatment of P< )\X's, not to men· scheduled for the convenience of tion the due process rights of susprofessors and visiting pmcurioner pects .. . unless they're ,\merican of instructors. I also understand that the course. (I ntcrcsting that the "war" on faculty's interest and success in terrorism is bctng justified as exactly · attracting graduate stud~:nts has tl1at- a war- but AI·Qaeda detainees meant that courses filled up more arc mercly "illegal combatants".) So, quickly this year than in somt· previ- if being called an ass means holding ous years. I lowcver, it would be nice tvttyme - the U.S., Canada, the l•. K., if the students' interest in being able Afghanistan included - to the rule of to choose from a vancty of possible international Ia\\~ then bring it on. courses was also represented in the .~\t least he called me educated. academic calendar. The overlapped - Ktmn Park (!II)

outcome?) was to force the community to look deep into itself. And the community did not likt· what it saw. Everyone thou.~hl u would simply be

The listserv has magnified each source of tension, a mirror not only brought too close, but reflecting what would otherwise have remained hidden. ;tbout information- innocuous. bland, and harmless, telling us to go here or there, or do this or rhat. At worst, it would be a 11ag. But under this cov~:r, the listscrv emerged as a political force - indeed it had to, for once unleashed, such a powerful tool could never have remained benign. From the email last year " reminding" first-year students of their obligations under the academic code, to the incredibly defensive (and for most students downright mystifying) message last December regarding exam schedule confusion, to press releases that present a gapmg chasm bcrw~:w what they do say and what they sho11/d have said (to think the listserv would be used for spin!), the community has

been brought face ro face ~ith its evl"ry weakness, every fault, all ht up in bnght, shining technicolor. The list~erv has magnified each source of tension, a mirror not only broughr too close, but tcflecung what would othcrnisc h~ve remained hidden. The bw ~chool, in fact, has been brought w sit in judh>menr of itsdf, certainly a troubling postrion for anybody, but t•spcc•allr so for a group accusromed to appl}ing its ~kills abstractly - a community more comfortable judh>tng others' bchavmur than its own \ct}' ambiguous actions. But what now to make of the hstserv? I lave we not sufTc.:red enough~ Should it be banished, shut down, n~;\er heard from again? Is that the only \vay ro save the school from itself? But of cours~: the commuruty cannot nO\\' go back: the damage has already been done, and the horrors alrt"ady exposed. The listscrv has brought us to the edge, and it might yet destroy us. But it al~o - perhaps, just maybe, there's always hope. no? - might yet teach the school something about itself. For no one can remain uninvolved, no one can stay unconcerned, under the scrutiny it throws back at us daily. The Listserv now rules for better or for worse: and our only oprion no\\' is to confront the mess It will no doubt continue to search out and reveal.

COMMENT

law entitled to own convocation BY ALBA SANDRE Having read the concerns of my fellow clas"matcs oppo~mg the suggl'"ted implementation of a distinct f<aculty of Law convocaaon ceremony, I would like to respond to some of their concerns. As you m.1y kno\\; late 111 the fall term of 2001. the Sl-'~ launched a pcation to gauge support for such a ceremony. The periaon was well rl'n·iveJ, attracting somt: 200 signatures. Dtstinct Faculty of l-'\w convoc.ltlon ceremomes arc not unheard of amongst our Canadian pecrs. Indeed. the Faculties of l..a\\' at Dalhousie, the Uni\ersity of British Columbta, Osgnodc nnd 1\lcGill all hold separate convocation ccremorucs, which luve bl·cn touted as great succcs~cs b} faculty and students alike! Moreover, the availabilicy of additiOnal uckets for famtl) members and friends at such an C\'ent should not be readil) disregarded. It i~ obvious!} 11 great :;ourcc of pride fi>r many to observe thc1r son, daughter, ~>tStcr, brorher or partner graduate from the raculty of 1..a"~ Attendlnct· at the convocation ceremony perm!tS them to be presenL at the actual conferral of the degree. While additional rickets sometinlc.'S become a\·rulablc the morning before convocation, thts is little assurance for those who must travel long distances in order to attend the cv~.:nt. The post-convocation ceremony traditionally held at the law school is truly no substinae for attendance at the full convocation e\'t'tlt. On the issue of costs, allo\l.ing one adduion al convocation ceremony to be hdd Junng the wct·k-long event really contributes marginally to the O\'t•rall cost of running the full ambit of convocations in general. In fact, sub!:uming the current convocarion and post-convocation cer-

cmonics mto one e\ent migl!t C\Cn trrut:ilarc into savings. The maJonty of faculty and staff requucd to attend the combined convocarion would merely be required ro attend only one t..'Vent, therefore imposing no CL-al addiuonal costs abo\ e those nccessanly incurred b}· the attendance of the [C\\ requisite comocation dignitaries. Taking into account the length of time faculq· and staff arc currently required to be in attendance at the vanous conn)caaon t•venrs. it would in fact be cheaper to combme the events as Ius been suggested tnto a smgle, formal affair. l'inallr, there IS a concern that holdmg an independent Faculty of Law convocauon C\Cnt would rcmforcc senttmcnts of elitism and serve to funhcr insulate the law school from the rcm.1inder of the l nl'\crsJty of Toronto commuruty. I would remind my collellhrucs that the intentions on wh1ch the subJect petiaon was commenced were \\ell meant and certainly not reflective of any desire to furth~:r .ISOlate the law school or Its students. That bcmg said. ho\\Cver, I beltevc it IS important to recognize that the law school 1s m and of itsdf a distinct part of the l•niversity of Toronto. \X'e do in fact form a diStinct commu nit) of shaR-d c.~pcriences, much different (as for the most par4 being compn~cd of seconddegree holders) than the majority of other students. 1berc is certainly .1 disnncoon between eiltism and the dcssre tu celebrate JOint acc()mpltshmenrs rogetherwtth one's peers m a formal and meaningful way. Surely convocation ought to be viewed as the appropnate time to celebrate our shared experiences and shared achievement~ as students. graduates, and surdvors (If you wtll) of tht· Untvcrslt} of Toronto's rigorous Faculty of J..aw program.

)

LEGAL ISSUES

ULTRA VIRES

LEGAL ISSUES

22 JANUARY 2002

Administration law close to home

Free Culture

Shank decision overextends reach of university discipline

While technology is decreasing the costs of creativity, copyright law is expanding protection

obsen e that e\ en tf the less dt·manding standard of patent unrl':t~onablene:;~ \\as applied, the dL':tn lach·d junsdtcuon: Otw thmg appears to be clear on this record. The applicant n·cogntzcd her Shank " Doon lh.Ucl, •nd <h< respunsibtlny but at all time:; denied the Unl\ crstty of Toronto (<>mario Supcnor essenual tngredicnt to an offenCl' that Court of Jusuce, Jan. 11, 2002), the appli- im·oln•d a "knowmg" or inwnnon to cant \\ .1s a Ia\\ !>tudem " ho had just com- dcccivc, the \cry thing the Jean found pleted her fJ.rStterm in rhe Faculty of Law nr agamst her. It IS patently unrca~onable to rhe L:nl\crstt\' of Toronto. In scekmg sum- conclude that a demal is an ndmtssion. fpara. mer employment, she suhmincd her 66J DLo:ccmbcr rest resulrs to prospccuve cmplo)ers. Some of these results diffacJ Applkahon of tht rodt Jo Jhr alltgalion from the results recorded by rhe Faculry of l..:m: 11us came to the atrt.>noon of rhe dean The court addn:ssed the issue whether and rht· npplicanr was accu~ed of an acade- providing inaccurate first ccrm results to mic offt·nn• under rhe uni\'crsiry's Code of prospective employers consuturcd an offt'ncc under the code and concluded rhat Behaviour on \cademic ,\[arrers. Tht· applicant sou~hr judicial review of the code extends to such an act. Does its rhc dean's decision that she had committed analpis stand up to scrutiny? The code ts specific as to the offence. It an academic offmce anJ that she be sus· pendcd for one y<:ar wtth a notacion to must be a falsification of an "academic remain on her n:cord until three months record," a defined term, or it must be a form of d1cating, academic dishonesty or misafrer graduation. In a unanimous decision, rhe rhree-judge panel quashed the deosion of the dean and renutted the matter to the university should If he disbelieves the student, the any funher action be uecmcd appropriate.

BY ALICE AND HUDSON JANISCH

Pu,.-pose of tbis comment ''1.'h1" hncf m\Ua\ case comment addresses hoth the main issue whether the dean lacked \umUictl<>n fm \w, dCCl$\()n anU the broader issut·s whether the allegations ag:umt the tlppl1<~1111 consUtutnl '"' urf(_·nc;<" um.kr

tlw

dean can refer the matter to the provost for possible referral to the tribuna\. What the dean cannot do is, by d\sbe\\ev\ng the student, turn an admission of error by accident or carelessness into

code ami ulwcha the code bas application outstdc the univer~iry~ The court dc-Jlt with an admission of intent. che main 1ssuc m a straighrforward manner. On rhe broader issue~. the coun engaged in a confused and confu~ing analy~is. Indeed, it \\ould ha-.:e bc1.'fl much better had it not conduct, fraud or misrepresentation for addressed the broader issues at all as this "academic credu or other academic advan\!.'liS not ncct..'Ssary for a determinacion of tage of any kind." Confining the offence to the applicaoon for judicial rcvie\\: "academic" matters is consistent with the principles of the vode. The dtan's lack. of;~risdtdion In its analysis, the court considered whether there was a falsification of an acadnuer the coJe, the Jean may exercise his emic record. The two pronged definicion of Jisctpltnary authority only where the student "academic record" is important for this admits to the offence. OthcNise, the matrer analysis. The first part of the defmition covmust be referred to the provost for possible ers records included in "the 'official student referral to the university tnbunal. academic record"' which consists of nine The court concludeJ that the dean had rypes of file information about a student, not confined lumself to determining incluuing pt'rsonal information, whether an adnussion h.1.d been made: admission records and "results for • In our Vlt..'\\; the scheme of the code docs l-ach course a~d academic period." not pcrnur the dean to judge the truthful· The second part of the definition ness of the student. That task is the func- cowrs "any ''ther recorJ or docution of the tribunal under section 10 of the ment of the university or of another code. The dean must take whatever admts- education instinttion, and an) hbrary ion is made, complete uith all its limita or Dn} other tdenucy or Identification tions, as the sole basis for his action. If he card or certificate, used, submitted dtsbelicvcs the Mudem. he can refer the mat- or to be submitted for the purpose ter to. the pro\ost for posstble referral ro the of the urun·rsity". In otht:r \\ords, tnhunal. \X hat the dean cannot do is, by dis- the second part of the dcfimtion bclit'\1ng the student, turn an admission of adds, to the ktnds of records iwmerror by accident or carelessncs~ into an ized tn the first part, other kinds of ndmts~ton of mtent. jpara. 64) records such as hbmry carJs. \pphcauon of the more demanding \X'ithout first analping whether standard of judicial rC\'lew of corrcctnl'SS the marks in yuestion formt'd pan of meant that the dean \\'liS mcorrect m making the "academic n:corJ" as defined m findmgs lx yond the carclcs~ncss u hich was the code. the court plunged into a admittt'J and, therefore, \!.'liS \\ithuut legal close analysis of whether a docu· authonty to sancuon the applicant. ment had lx:en altered or a record Significand), the court went on to had been misn·prescnted. To asstst

in this t•ndeaH>ur, the court prefcrrnl an uni\ er~it) could not haw provid~d tran· introductory H'tltl nn· (which state' that •nipts ht·c:.use there .tre no course results academic records "refers to information for first·)e<tr law students until the end of rclaung ro a ~tudent's admisston anJ acade- 1he year. If there werl' no transcripts and no mtc perforrnanCL' ... . ") to rhc actual defini· academtc rt·corJ to be proviJed, how couiJ uon of "academtc rt·cord". It is this reft'f· encc: ro infonnauon that the court n:lied on in concludmg that no alteration of an offi. If there were no transcripts and cial document ts requireJ for rhe offence to no academic record to be prohave occurred. On this basis. the court 11 could concludt• that "Unquestionably. the vided, how could the academic applicant's letter constituted the circulation record 11 be falsified? or makmg usc of a false statement of the contents of the University's records." There arc two problems uirh this analrsis. I 'irst, it isn't neCt'ssary; the code covers the "academic record" be falsified? This is "rt..sults," not documents containing results. not to say that incorrect informacion was not sent ro law firms. But the tssue 1s ~<:cond, the code docs nor apply generally to "the university's records." The offence is the ' whether there was an academic offence falsification of an "academic record." And, undtr the Code. in the end, the actual d1.finition adopted in The offence in the Code relates to falsifithe code rrumps a summary reference ro the catton of course results, not test results. On definicion. The marks in question were nor a technical, textual interpretation level, rest "results for each course;" they were results do not form parr of the academic record and, therefore, cannot be the subject December test rcsulrs. First-year law stu· dents do not receh-e course results unnl the of an academic offence. "-1oreover, in its end of the academic year. The firsr prong of analysis, the court forgot that the penal the definition of "academic record" includes nature of the code requires a srrict and naronly course results and the second prong row construction of its prO\;sions. docs not rclatt.. to academic performance. I lcnce, thL Dect..mbcr test results do not Extension f!f lht cod! to studwl ronmlllnicaliofls ' form part of the academic record, as 011/SJdt the llllil'l:rsity defmed. l~ven though the statement of backAlthough it u•as not necessary to the ground facts in the: decision describes the · determination of the case, the court also finil yca1 t-,rogr;ltll

.tS ('Oil"'JS(JI)_g

of _\'C.".IlT long

courses, the court did not seem w grasp that December tesc results are not course results. This leads co some comidcrablc confusion of course results and test results, and the relation of results ro transcriprs, for example,"-· the Faculty did not issue a transcript w first·)car students corroborating their fma term cour:;e results." fpara.SJ first-year December test results are recorded for the purtx>se of adjusting the course results if the December test results would raise the student's final course result. They do nor form part of the "academic record" and arc not mcludcd in transcripts. The Faculty of Law refused to provide "transcripts" of first-year students' December test results to law ftrms because there were no transcripts to provide. The

nc.Jdn.·ssc.:d \\ hc.•tht:r lh<.: c.·odc c..•xrcnds fn stu

dents' off-campus communications and concluded that It docs. The code explicitly provides the opposite. The preamble of the code states that its concern "... is \\ith the responsibilities of all parties to the integriry of the teaching and learning relationship. ... [and) those principles which must characterize the pursuit and rransmission of knowledge in the university." In a passage that the court did not reproduce in its dectsion, the preamble also states rhat: This code is concerned, then, \vith the responsibilities of faculty members and students, not as they belong to administrative or professional or social groups, but as they

PLEASE SEE "ONTARIO COURT," P15

SPIN LAW

STLJDEN-r PUBLIC JNT.EREST NETWORK LEGAL ACTlON

WORKSJ-J ~OJ>S

U ofT Faculty of Law's 2nd Annual Student Organized Human Rights and Social Justice Conference

Poverty's Challenges, Law's Responses

Februar_y

1 - ;, 2002

J{]~Y~OTI~ SPEAK~~R: l\.IADAl\1~~

JCSTICE

ROSALI~~

ABELLA

For more information please contact spinlaw@canada.com

BY CRAIG MCTAGGART Sranford,s Lawrence Lessig put forth his the· ory of "free culture" in the third annual Grafstein Lecture in Communications I .aw & Policy. He expanded on his Cod! and Othtr lAVs of ybmpact (1999) and Tbt hltrm of Ideas (2001), and gave four examples of copy~oht law rurt amok to a capacity audit..'tlce. One was Alice Randall's Tht Wind Do11e Gont, a retelling of Margaret Mitchell's Go11e With The Wind from a slave perspective. The book was branded a sequel by the lawyers for 1\fitchell's estate, and a parody by those for Randall's publisher. A petition to prevent publication on the ground of copyright infringement is still before a U.S. court, and the book remains in publishlng limbo (sec www.thcwinddoncgonc.com). Lessig posits that the technologtcal trend decreasing the costs of crt-ativity (e.g., digi tal film ediring facilities) parallels a legal trend of increased protection for works. As he wryly noted, "the technological trend means more is possible with less; the legal trend means less is allowed than before." He described a techno-legal "arms race,' between expression-enabling technology and copyright-controlling legislation. Unfortunately, in this "taffy pull" copyright law is winning. Lessig urges a return to

shorter copyright terms and less protection against derivative works, to ensure a steady supply of "free culture," an essential input for creativity and innovation. But what does he mean by "free"? He first referred to the "free software movement," which "demands that code be kept free in just the ~ense that speech is kept free. That one be allowed to build and transform ir, just as one is allowed ro build and transform other peoples' speech." Lessig prefers the "free as in free labour" to the "free as in free speech" analogy. His second story was that of the "free labour movement" in pre-Civil War-era United ~tates. At that time, Americans sought models of labour other than slavery and ''wage slavery." Lessig explained that only when technological and economic changes made possible a class of arosans who sold their products, not their labour, possible, could the public and the law con· ceive of "free labour." The industrial revolution, he argued, took this possibility away, as the technology and ownen;hip of means of production shifted. Lessig's vision for a free culture movement is "not about artists as slaves; not about artists as wage labourers; but about a legal regime and technical infrastructure that would enable artists tO function as artisans

Ontario court misinterprets U ofT's Code of Behaviour on Academic Matters CONllNUED FROM ~ADMINISTRATIVE," P14 co-operate m all phases of the teaching and learning rclaoonship. The court blithely ignores these prin· ciples when it statC!- that "There is nothing in the language of Secoon B.l.3(a) to confine its scope to communications within the University" which leads to its conclusion that" ... the University's Code of Conduct can properly extend to ... communications by students to the outside world." The application of the code should not be expanded by such legerderruun. The words of the preamble and the spirit of the code, combined with the principles of statutory interpretation, should have led the court tO recognb-e that it is not necessary to repeat "of the University" or "in the University" in every section of the code. The code does not purport to govern, and should not be construed as governing, the broader arena of honesty in general life.

Omdmion The ambit of the code has to be seen as part of an historical t'Volution in which modern universities disclaim their earlier all-embracing authority over students. This is well captured in the university's Code of Student Conduct, to which the court did not

refer: The university does not stand in loco parencis to its student members, that is, it has no general responsibility for the moral and social behaviour of its stu-

dents, as if they were its wards. In the exercise of its disciplinary authority and responsibility, the university treats students as free to organize their own personal lives, behaviour and associations subject only to the law and to university regulations that arc necessary to protccr the integrity and safety of univen:ity activities .... (para . .-\.4] It is most understandable why the

During the hearing of the application, the panel of judges chuckled at the suggestion that a phone call home even slightly inflating grades would constitute an offence under the code.

Student .Administrative Council of the Uruversity of Toronto intervened in this case. Regrettably, as an intervenor, SAC does not have standing to appeal that part of the decision that extends the university disciplinary authonty beyond its warrant. During the hearing of the application, the panel of judges chuckled at the suggestion that a phone call home even slightly inflating grades would constitute an offence under the code. It is a pity that they did not follow through on this sympathetic recollection of things past and refrain from extending the ambit of the code.

again. [It's] about a balance bcrween protection and access; about limitations on the control imposed by contract and property; about a dignity to the creative process that would set culture free in just the sense that the free labour movement set labour free.

Lessig urges a return to shorter copyright terms and less protection against derivative works, to ensure a steady supply of "free culture," an essential input for creativity and innovation.

----~ot free in the sense of free beer, but free in the sense of empowered to rip, mix, and burn culture, with the reasonable constraints of a balanced system of copyright." In Cod!, Lessig had explained to a public othCN1Se entranced by the Internet that despite its supposed "free" nature, the Internet enables near-perfect control over how it is used. Those in a position to exercise this control are in effect the Internet's regulators. \Thether we should usc law to

ensure that democratic values prevail in this space is a choice which we have to make. The "we," of course, is the American people, who, Lessig laments, seem to have losr faith in government and fail to sec it as a possible corrective to private control of the code and content of the Internet. In The T~tllrt of Ifkas, Lessig continued this rallying call, assertir.J that the titans of the U.S. "copyright industry" are actively manipulating both technical code and It-gal code (copyright) to extract more control over idt..'l!S than copyright law grants them. The elimination of "real-space" constraints on control results in the shrinking of the commons of ideas which creators can usc in cn.'llting new work.~. By emphasizing the original purpose anJ rerms of intellectual propeny protection under U.S. law, Lessig argues that the dri\'c to properrize has gone out of control, at the urging of Disney and its ilk. The inability to conceive of resources as being part of a commons, not o\1.-ned or controlled by anyone in particular, threatens to starve the processes of expression and innovation of ideas - their most imponant raw material.

Craig McTa!lflrl is an S.J.D. fandidatt. Ht and Proftssor Janisch art co-Uaching Internet Law and Governance t/Jis term.

sec nanow\y construes \mm\gyat\on provisions on deportation BY SIMON PROULX The Supreme Court recently handed dO\~m its decision in Suresh ~ Canada, affinning the constitutionality of paragraph 53(l)(b) of the Immigratton Act, \1.-hich allows the deportation of "pcr;ons who constitute a danger to the security of Canada" to n "country where [that] person's life or freedom could be threatened". The unanimous panel of rune dtd hou•cvcr reduce the scope of the Mmistcr's discretion to order such a deportation. Although the potential Jeportee,s constitutional rights to life, liberty and scL"Urity arc to be balanced with national security, the court found that torture is so repugnant under both domestic and mtc:rnanonal norms that the balance will only tilt 10 fn\'our of the Iauer in exceptional circum-

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stances. \XIJule the l\tini.~ter does not need to adduce actual proof of a direct thrt..':tt, she must at least sho\\ a "threat grounded on objcctivcl) reasonable susp1cion based on evidc:rtcc,, and that the "threatened hann mst be substantial rather tlwl nt..-gligible". The coun then applied the Baker rest tO ascertain the procedural safeguards o\\'cd to Mr. Surcsh in his circumstances. It found that, havmg made out a "pnma facie case that there may be a nsk of torture upon deportation", he at least had th<· nghr to be informed in some derail of the case against him. the right to corrc.'Ct errors and rc..o;pond to the case, as well as the right to written reasons for a decision. The coun found that he had not been provided u1th these proct:dural safeguards, and remanded the case ro the Mmister for reconsiderauon.

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ULTRA VIRES

LEGAL ISSUES

Legal adventures in Paris

Pyramids and deportations

BY JOHN PROVART &ADRIAN Dl GIOVANNI

An international human rights intern's experience in Cairo nificant concern, given the refugee's vulnerabk· legal status and UN HC R's tnability to provide them with even thl. most basic protection. Since September 11, the situation has been further complicated by security concerns on the part of \\~estern natiom; many of my Sudant•se clients whose cases were accepted by UN HCR arc convinced that their chances of resettlement in the \\'est \\111 be adversely affected, and there is good cause to suspect this may tndeed be the case:. 1\lowadays, when I tell people what I did last summer most of them respond \\ith enthusiasm, asking me what It was like and whether I enjoyed it Inevitably, I fmd myself stammenng a response, unwilling to brush them off with a simple "it was cool;' unable to put the complexity of the experience into a few sentences. I become caught between descriptions of the little cafes that plunk thetr tables right on the sidewalk and stay open all night long smelling of mint and shcesha smoke, and descriptions of the racial slurs yelled after my black friends as we \\..'a)ked down the street; between the incredible moral courage of the Egyptian workers who advocate for human rights in a state which docs not appreciate public scrutiny, and the wt-althy tourists bu}ing fake Pharaoh headdresses in Khan-al

BY PAUUNA WYRZYKOWSKI

A rlitnl of oHrS talkdytrltrd'!J and n t U'trt loo buv to phont him bark. Tht man raid hir sirlrr} h11rband had btm talltd i?J tht politt 1»'0 dt:Js prr 1io11sfy. 1 hand /he 1111mbtr Jo 1:\'irol.u: ht sptab A rabrt and might bt ab!t ID darijj lht siDry. Nirolar t'tJiis andjittdr Dill thallht man had /J((n armlrd and lhrrJim rnlo prison on Frid!J, part of tht rrrrnl pmh lo dtport J 11danm rifitgru. AI 1 starchfor hiJ tz'#f}jilt ilt o11r tabinrl I mJ: J\'irolar tzfxll Jht mndilions in lbt pn.ron art lih. "Bad, " ht IJ!JI. pmlidab!J tlfl)ll!,h. ''Pfl)plt ,gtl btal up and n'OrJt. " .117r .rrnd a mma,gt lo UN/JCR lo kttlxm b1olll one of tlx peoplr 111/J· posrd!J rmdtr lhfirprotution had bten amsttd The application for the First Year International Human Rights Internship Fund, which I had submitted only a month or so before Jcavmg for Cairo, was a little vague on the specifics. T wrote something about wanting w work with refugees, researching International Human Rights La\\; assisting Dr. Barbara Harrell-Bond \\ith the new Legal Aid project she had set up in Egypt. The truth \Vas, after a yt:ar in law ~chool I was willing to do just about anything, so long as It i.m·olved working with n:a\ people in a f1eld 1 cared about. 1 knew little about the su:uanon of refugee~ m P.gypt and, thanks to exams, did not have \lmc lq \catn ffi\lCh \)dOte my de\)arturc. \'\'hen \ arnvcd, \ \earned tha\ my ·l, >b as

Khalili. In tlw l'nd, thl· best answer I can givt· is

., lc'f;<JI mtcrn u.1.• to &can acln>C;Itc uml It-gal

adnsor, to help rdilgr.:c chimam~ wriw dmlrn rllcir restimomes in a war rhar would be detailed and k·gall} convincing, and to intercede \\ith U1 HCR on behalf of rhose clients who had somehow fallen through the cracks of the refugee protection system. I soon found out that there were well o\'er 55.000 rcfugel.'S in Egypt as of the end of 2000, 40,000 of whom were Palestinian, the rl."St African. 1 also discovered that the U:\:IICR is the only body responsible for making status detcrminaoons on the nonPalestinian cases. The number of refugees fleeing to Egypt has increased drastically over the past several y1..-ars (23% increase i.n 2000 alone), due largely to continuing unrest in Somalia and the Sudan. Despite increased mtcrview

that .as hard

There are over fifty-five thousand refugees in Egypt, most of them Palestinians. capacity, the UN HCR office 1s simply not able to process all the cases, which leads tO a swadily increasing backlog. While 15,180 new clatms were filed in 2000, only 8,620 tndtviduals were interviewed by UNHC~ and the average waiting period for a UNilCR interview is now between 1.5 and

2 y~..-ars. During this time, refugee claimants arc subject to frequent police harassment and deportation. Until the establishment of the Legal 1\ id ProjeCt by Dr. Harrell-Bond several months before my arrival, refugees and asylum seekers in Egypt had no access to legal representation of any kind - a sig-

MONTR~AL OTTAWA TORONTO CALGARY VANCOUVER LONDON

ir ,,·ns at (unc.·s. rhc '\\"'ork I Jut

thts sumrnc:r was morL" rnL"aningful to me than any other professional experience to date, that I miss it, and that I would do tt agatn. I don't know if that qualifies as enjoyment, I only knO\\ that since comtng back I H·ern always to be talking, writing or thinking about refugee issues, and that I feel like l"w found something that can hold my interest and my commitment for many years to come. Tht Cairo Ltgal Aid Prq;i:ct is mmnt!J suk.htg

kgal i111rmr. Both firs/yar a11d secondyea,.. law sl11dtnls art utlromt. For i'!Jormalion abo11t appfyin._g, pltast conlacl .Mad. Pal/is at markpal liJ@yahoo.co.uk. [0,..j11rlher injor111alion on /he inlmuhip e.-.;perience itself, fit!free lo contact Pa11hi1a lfyr.ukou•sk.i, at P~r.ukowski@hot mailcof/1.

Resume and Interview Tips. joinblakes.com

DIVERSIONS

22 JANUARY 2002

BEIJING

After three months of living and studying in the City of Jjghts, we didn't know lJUite what to expect when we came back to the law school thts January. But tf wt• were under any illustons that the revcrsl. culture shock - legal and othem1se - would not be th:lt significant, they were quickly dispelled in our ftrst Remedies class. The least of u \\"aS adapting to a gloriously bright new classroom O'lJniversitc de Paris only goes in for charming old buil<.lings or brutal 1970s bunkers). 1\s soon as Professor \X=adJams launched mro his inw>duction, it was clL-ar we had to readjust tout de suite to a completely different legal universe. Hts declaration that he would not be starting the course \\ith defininons was worrying enough. But his assertion that definitions were "pointless," because there arc "no firm definitions in Jaw" and "the law docs not consist of a series of axiomatic principles from which we can deduce rules," struck us as heretical after a semester of learning French law. At Jaw school in France, they take a rather different VIew of these matters. Backlash against the corrupt conservatism of judges under the ancien regime and a Revolution· glorified belief in the power of reason have led to a legal system based on defmicions. Under 1\lapoleon, French customary law was abandoned for the Code civil - a great pocket·sized book of rules that every citizen could carry at all times. Starting with axiomatic principles and deftruttons, the Code then deduces more specific rules. -.!.------~~ \X'hen we weren't wrapping our heads nd th e legal novelties a t the Sorbonnc

Three months in Paris and this is the best photo we could get! (we can say that because techrucally all of the Univcrsite de Paris used to be part of l'rance's oldest university), we spent much of our exchange coping with the mnumerablc hardships of Parisian life. Besides the abundance of high quality yet affordable restaurants, there were countless conversations to be had in cafes with other exchange students about life, love, our countries, It wasn't mustc, and even our laws. ~tarbucks, but somehow we managed. \X'e also had to avoid giving into the temptation of a second glass of wine with lunch or an extra afternoon dcmi (draft beer), as doing so could sigruficandy shorten our attention spans for late nfternnon classes. Among rhc truly less pleasant and C\'er-

present features of Paristan life arc crottcs de chien (doggie-doo) and cigarette smoke. While no one (or almost no one) in France poops and scoops, everyone (or almost everyone) in France smokes. Everywhere. .At the law school, for instance, students responded to a new university-wide 'no smoking' by-law by continuing to light up right beneath the new 'no smoking' signs. In the end, the University's custodians resorted to taking away smokers' student cards. This proved to be quite effective, as anti-terrorism security checks meant it was impossible to get into the law building without a studcm card. Apparcndy a trip to :;cc the llni\crsity's Principal for a srcrn admonishment abour the import;Jnce of respecting

the law was required to get your card back, or so we were told by our Slovak friend who was caught in flagrante fumero. ,\s far as our classe~ were concl'"rneJ, French law profs could teach our profs a thing or two about organizing their lecturc:s. Indeed, the flow of headmgs and subheadings (e.g. ".\lo\'ing on to l(B)(2)(a)(ii) ...') put Professor Duff's dissection of Income Ta.x Act nomenclature to shame. But hench students' zeal for the relentless Cane~ian logic of our course outlines somctiml.'S sn·med a bit much, especially when they launched into a cacophony of whistle~ to inform a professor that he had nuxcd up a "Part II" \\ith a "Secnon B". Whistling was also employed by students to let professors know that they were lecturing too quickly and that the end of the class was near. Given the Jack of verbal interaction between professors and students in France, and the extremely hierarchical nature of their relationship (professors lecturing on high, students furious!}' taking notes below), it's not clear how else this information would be conveyed. In our own case, havmg a supervising professor who did his ILM at Harvard and ,,,.as atypically French in his appreciation of all things American helped close the gap. Professor Audit even had us over for a Christmas party, which caused our incredulous French friends to exclaim "sacci: bleu!" and explain that such things never happen. All in all, regardless of the larger classes and ugly buildings of \'Universite de Paris (which aren't so bad when you consider they pay about \\00 per year i.n tuit\on) we had a unnderfuJ rime in Pari.~ and \\Vuld hW"hly recommend the expcnencc to other students.

Studytown: The rise and fall of a Dork Empire BY LAURIE JESSOME Law students have always divided themselves into study groups and social clictues, but the winter exam period of 2001 saw these traditions morph into something more sustained, more organized, and arguably, more frightening. Durmg the long month of December the southwest corner of the library became home to a thriving community of singlc-mmded students who called themselves "Studytown". At first, dungs were simple. Opening and closmg the library, wearing scarve~ and hats while mdoors, and ha·11ing a ready supply of snack food was all It took to gain mcmlx'"rship. But as time went on, the stakes became higher. It became \ita! to get THE CODE in order to be able to stay after hours. \'\'caring a scarf was no longer gcx>d enough, and some took to wrapping thetr winter jackets around their shoulders all da\·. Turf wars broke out over the most destrabie carrels, and there were competitions to sec who could go the longest without leaving their scats. Members became strongly attached to their new community, and the group gained nororiet:y within the law schooL Rumours flew regarding the late night activines of thl' group. \\"hen quesnoned about bizarrl" initiation rites and after hours bacchanaL, mcm· bers were qu1ck to issue denials. "Don't lx· ridiculous," scoffed one former 'citizen', "That's what I..a\\' Gaml"S IS fi1r." Studytown starred as a group of earnest

students coming together in the name of lo\·e for the \a\\: At its peak, city limits extended almost the entire length of the west wall on the first floor. The community had st.al{ed our a town square and a municipal swimming poo~ and had elected several community leaders, including Justin Young as town sheriff, Bcnjie Shinewald as Reeve, Matt Cumming as Olymptcs Committee (hair, and Robin \.lahood as the town h>iant. But by the end of the exam period, the

empire had overextended itself. Studytown lost several key members ro the lure of holiday cheer and no longt.:r had the population to hold onto its territorial gains. The leadership, weakened by long weeks of late nights and early mornings, faltered and lost control of the membership. Finally. Ted 1jaden carried out a bloodless coup, declared himself to be the new Mayor of Study town, and distributed a notice ordering everyone to pick up and move out, or face a 5000% property

More Not-So-Real News From Around the law School

Graditude suggestions that didn't make the cut 1. Summer school for the Jean, \\ith onlr one course offered - introduction to administrative \a\\: 2. A slush fund for SLS clccuons. Democracy is JUSt not fully rtalize<.l unless each and every canJidatc has the money to 'go negative'. 3. Extension cords. ":\lodern lq,>al education,'' you say? PhoOC). 4. Child care facility by day, <.ltsco by night 5. _.\ rcpltca of .\fount RuslmlOrL", wtth \\ etnnbs mstcad of l'S presidents. 6. \ fnggin' IHRP dm:ctor, for the love of pete. 7. A lhrbtc dream house for Dean Run D

so he can leave our law butldings well enough alone.

• Lum'e jw()f!lr

tax increase. Shocked into submission by dus ruthless show of bureaucratic power, Studytown emptied \\ithin days. ".Mayor" 1jaden now holds the key w an empty city. The carrels arc largely deserted, Occasionally, a random S \IL [Ed. note: a SNAIL is a 'student not actually in law') \\ill wander into the area and then leave again, fcclmg uneasy but not quite knowing why. Will Studytown rise again? Undoubtcdlr But \\'lll things ever be the same?

said Dean Ron D. "we can continue to honour the name of Jacob gcnnctt while earning a cool V2 mil. The estate of Jacob Bennett," added the dean. "1sn't pa)ing us a dime."

- Da11 MsmiDcb

Firms grow territorial over classrooms

First-years hog chocolate donuts

In a surprise move, recruiters at C.'tssels Brock and Blackwell, sponsors of the Cassels classroom, have banned their sum mer stuJent:; from taking clasSl's in the ~lcCarthy Tetrault classroom. i"o word yet on whether McCanhr~ ·will retaliate. In other room-nanung new~. FLC docs not yet haYe a sponsonng ftrm. but the school is in discussions \\'lth Bennett Jones to ~ponsor the Bennett Lecture Hall. "Br naming It the Rt:nnettJonrs Lecture Hall,"

Dean's Donut ~fadness was marred this month b) a grecdr throng of ftrst >t-ar students who ate all the chocolate <.lonuts. "\\'hen 1 got there, there was nothing but friucrs. crullers and dutchil's. The lousy tim }Cfti"S took all the good ones," said ~tank')' (III). "They're in the middle of a bndge week on systcmtc mjusnce, for chnssakl'.s. Looks to me like they ha\-cn't learned a damn thmg." - Da11.\f11rrioch and Sa/mt111 Haq

ULTRA VIRES

DIVERSIONS

22 JANUARY 2002

Anthropologist escapes law school jungle ••• if only for two weeks

Law Games 2002: The revenge of Club Super Sexe BY STEPHEN PARKS Things ) l~rncd at Law Games: 1. The Ulnmate Frisbee tradition of bringing food to share at tournamcms is hard to explain ro law students. Most scare blankly and mumble "Sharing?" when offered a mcc pten· of fruit. 2. llnt\'CtSity of Toronto arc good sportS. if rhe other team is a good sport. Conrra~t Fruvcrsne de Montreal, who ga,·e me a htg hug when I t.lUght them how to p lay fnsbce in the final (they got there by default), to our tndoor soccer final against ,\fcGill. When the Mc<~ill goalkccp<:r's face ~topptd a blisrcnng shot from ,\kgan Shabbits, the entire crowd roared: McGillians for the saw, ncryonc ebe fc>r ;\fcGtll's keeper gc.:ttlng it in the f:!Cc. 3. Revis10ng rhe restaurant where you had your first date may be sentimental. but carting down half a chicken to recoup orne protein was remarkably unsentimental. 4. Bring It On is becoming a universal reference. 5. l lnivcrsity of Toronto students display their nunuring sides when trying to keep dn1nken lS-)L'ar o\d Lava\ students from gettin\'

have a stigma for being a big pervert, when in our sections of tht• hotel. I'm just as bad as he is. (Actually, my 6. Belongings have been known to go response is still that I'm a bigger pervert.) missmg from the tabks at the final ban9. No matter how hard you cheer like rou quet: p lease tlo nut lean- your hartl-won cart· about something, the spirit award \\;n trophtes and pL'~ques unattended. 7. Thcrt• arc still people who need convinc- al\\·ays go to drunken French 18 year-olds drc~~ed up like l larry Potter. Scratch that, mg thar the term "dirtiest slur" is deprecatrht· a\\"Jrd will go to Univer~1ty of Calgary, ing, ami that the term "\\15CSt godsend of for no discernible rt.':lson. a slut" is the prefcntblc.: form. 10. Uni\·ersity of Toronto has the deepest 8. The rcsidcnL<; of 1003, Matt Duffy, field of law games ~cadcmics, finishing 2nd Jamie .i':dson, Head Moore and Kevin and 3rd in the moot, and first in trivia. Tuohy arc 'in fact yuite welcoming guys. \Vho knew we were so smart? For instance, while I \\-.JS drinking in their 11. You will come back from morn bcfcm~ we went to Club Super Sexe, I !,a\\' Games \\1th both wttncssetl them talking to each other about unused condoms and their feelings. They were discussing how communic:~ble disterrible It f~:els when you know that a cramp in your calf is oncoming, and that case. 12. No matter there 1s nothing you can do to srop it. how cute This, folks, is e\·idencc of empathy. .As a rt-sult, I ha,·c no answer to ktds from Matt\ question why I don't

Laval arc, the rof.,>uCs who pulled the hotel ftrc alarm at 3 10 the morning should be ferreted out of their ranks. 13. The organizers of Law Games do not make their acriviric~ inclusive of invtsiblc minorities. I~- When U of T gets a chorus of 'boos' wherever it goes at law games, it's not because people arc jealous of us- it's because they hate us. 15. \X'ho put the good in O sgoode?

'Ca~e

Bingo', l developed grave concerns about longer-term· psychological damage.

BY DR. W.B. FEUSSY

.Antbropologrst's log, fourth month: .t l gli111mtr of !1-fyth a11d marktl 1111dtrslandi11g T he longer I live among these people, the less certain I become of ever truly understanding them. The rationale of this institution and the motivations of its members continue ro elude me-every glimmer of understanding is $ubsumed in mountains of incomprehensible data. During this last month, the ' ftrst year class' has survtvcd an irrationally cruel tmtiation ritt' ('December ttsts'), followetl by two \\ccks of tiber~· ('Winter Brt'llk') and sub:•equcnt reintegration into the law school collectivit)'. These traumas have taken a toll on the subjects. ,\ Iy observations indicate that they arc coping not only with superficial anxieties relating to rests and grades, but also \\;th the deeper issue of what strange creatures they\·e become.

Rote case 1!1acbi11u SubJects' behavioral evolution in the weeks proceeding 'December tests' provided key insight. As subjects came to reahzc the "-alue placed on the tests by the institution, most underwent a rransformative process: they became rotc case machines. Cases invaded all aspects of chctr lives, and anecdotal cvi<lcnce ~uggests they found it increasingly dtfficult to communicate with non·law stut'nts. All pretense of interesting conversation evaporated, to be replaced with disjointed commentary on promissory estop·

\o~t

The school that everyone loves to hate bringing it on in Montreal at the Games. Toronto Law Games Cheer

We're sexy, we're cute, We're super-smart to boot. We're bitch in', we're great, We're the school you love to hate. Who are we? Just guess, We are a drunken mess. We're sporty, we're fast, We're here to have a blast. So take the time to meet us, but we still might kick your ass. We're Toronto, oh-oh Toronto.

Subjects appeared to draw strength from peculiar sources, including the t)pewrittcn notes of other students. Certain 'summaries', as they are called, acquired almost mythic status, as in: "I have the btsl summa· ry. I read it once; now J'U ace the exam!" The:;e summanes were jealously guarJed by some subjects, and thus acquired a quasicommcxlity status ("Do you haw a CivPro summary? I'll trade you for m y Contracts .. . "). 1\ccording to subsequent reports, however, the magical power of summanes provcc..l all too-mythic in practice.

Cmtl umltl!lllsual trtaiiJJtlll Unhke other societies I have obsc:rwc..l, the rulers of the law school arc disturbingly fond of anachronisms- particularly as regards modes of evaluation and ranking. 'Examweck' im·olved a sustained level of anxiety of a kind I have rarely observed. [One would hope, of course, that this exercise was designed to foster true engagement with the material and encourage genumc thought abour the branch of law in question. \\' bile this may hold true in certain cases, the majority succumbed to the automaton method discussed above.) Given the evident intelligence and aptitude of the class, the archaism of the evaluation proce~:; is truly unfortunate. fllltr!llth

pcl--..1 et.>lo urahility. Whl·n s ubjl·l·ts began

The Wi nter Bre-Ak afford ed an o pporrunuy

to fantasve about an Imaginary game called

to return to original kinship groups-which,

I suspect, was much needed by subjects. I admit that 1 too enjoyed this time of severance from the law school collectivity. and was able to advance projects I had sadly neglected. (Most notably, l read, clipped, and filed the last 16 issues of Anlbro~logy Tbis Uitek, to my great satisfaction.) I also admit, much to my professional discredit, that I found it somewhat difficult to return to my participant-observation role come January-as did most subjects, jutlgmg by their glassy eyes and uncertain smiles.

lnsltltlfiOnal diJrord Perhaps my ~ennment of unease lS not entirely due to internal factors. The institution appL-ars to be entering yet another time of turmoil, thts rime as regards it~ future. The leaders' hcgcmonic viston has sp.uked diss<:nt. While many subjects have expressed frustration and apathr about meaningful dis cussion with the powers that be, some arc 'organizing'. I must remember to keep an eye on how this hierarchical system deals \\;th dissenting voices-and vice versa.

tomed to stellar academic performance, experienced uncomforrabk- self-doubt as they found their place on the B·curve. ~ow in a nece~sary period of grieving for the AJays, 1 am confident that the vast matOrit)• of the first-year class \\ill soon be able to feel closure at their loss.

Ob Law I..au• l lumour is sa1d tO be a very telling cultural attribute-and one of the most difficult for outsiders to comprehend. This yt-ar's ' Law Follies', a ritual evening of staged humour at the expense of professors and admmistra· tors, rendered subjects silly with L'lughtcr. Crocodile-man\ observations. Dean Daniels' condoms, Karen Park's tattoos ... these touched a profound colkctive chon!. (,\s dttl the dance number of my first-year peers- hod) On the whole, I ~uspecr the ' Folhes' ritual pro\·idcd much-needetl c:\tharsis for students, who re,·clcd at the opportunit)· to voice their true reaction to DRD's antics with impunity.

•

IFbali ahrad ,\t times iris difficult to keep apace \\;th the An~orous ditoersion In the running poll for 'Hottest Prof', number of rituals in this society's calendar Colleen Flood rewns the top ~pot, despite a p.-ar. The deadline for 'firm-job' applicasurprise challenge by ~fayo ~loran in early tions draws near. Small-group papers arc on January. Drassinower is said to be plotting the horizon. In thts goal·oricnted soctcty, I an end-of-year charm campaign to unseat must be careful nor to expend all my energy trackmg subjects' 'achievements', but rather Captain Flood. continue to seek their individual human faces. After all, as Lord Denning once Closure The rite of the December tests was not wrote, "Can the developer or purchaser of a compklc until the return o£ the grac.lcs---.1. hom-e say to the cric\..ct dub: ''Stop p\ay\ng. Clear our.· I do n or rhink $0. J\ nJ I will gin· m ':!ch an ricip;~ ced anJ argu ably much · delayed procedure. Many subjecL~, accus- my reasons."

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•

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ULTRA VIRES

DIVERSIONS

Ultra News: Not-So-Real News From Around the Law School New sub-sub-clause Tax Act particle discovered Inm·pid physicist Stephen von Parkskoff discon:n:d that underlying the deeply nested structure of the tax act is a m:w parttcle. 'I'he hierarchy of particles is now: I St•ction 1.1 Subsection 1.1(1) Paragraph 1.1 (!)(a) Subparagraph 1.1 (l)(a)(l) Clause 1.1 (I )(a)(i)(A) Subclause l.l(l)(a)(t)(•\)-1 Tax ,\cr By its nature, the n<.."'-' particle displays the recursive nature of the Tax Act. The nested structure is in facr an infinite loop. Von Parkskoff theorizes that given a big enough accelerator, he could bombard the Tax Act \\ith mough highly-charged tax cases ro explore whether the laws of rt-a.lity break Jown in the infinitessimal depths of the Tax J\ ct. - Jitphm Parks

Dean declares "Pickle Madness"

Exams rescheduled Unimpressed by student turnout at his latest "Donut Madness," Dean Ron 0 recently announced plans for a new "Pickle Madness," to be held sometime in the next few weeks. Student leaders were unimpressed. "Free pickles won' t help students pay off tuition," thundered SLS President Benjie Shine\\--ald.

University declares 'up is down'

evocative of Beckett, Pirandello, Ionesco and Daniels - the great absurclists of yesteryear and today," explained Susan Bloch'\evme, Dllector of Public .\ff31Is for the In a statement relt.-a.5cd on its website and L ruverslty of Toronto. "Our press releases circulated to students over the listerv, the will continue to prefer whimsy and obfuscaUniversity of Toronto has declared that tion over accuracy and fairness." "Up is down and down is up." This follows reached for comment D ean Ron \X'hen a trend of recent press releases in which the D expressed his appreoation. uruversity makes "patendy unreasonable" "\'(latermclon," he exclaimed. and absurd comment!'.. "\'\'t· hope that our p ress

re\ca~e~

arc

Vlde the Administration a place to hide from the mcJia, concerned srudents and anyone who disagrees \\.ith them. Complete with wireless internet access, a five star restaurant owned by celebrity chef Wolfgang Puck, and a secret underground path to the Forest Hill Village, the cave complex has cverythtng any dean needs to live worry- free for months at a rime. "\X'e're just building our community of excellence," stated the dean. "No other law school in the world has even considered building a massive underground cave complex. This will truly vault us to the top of the heap." • jucob Glick

- Ja.ob Glick

Law school to construct massive underground cave complex Last week Dean Ron D unveiled the faculty's new bwlcling plan. The colossal project, which will cost taxpayers and alumni fifty million dollars, will be a vast network of caves and tunnels. Built into the side of the P hilosophers' Walk, the com p lex will pro-

Due to last semester's confusion around exam scheduling, the Administranon has announced that thts term it will publicize changes ro the exam timetable earlier. For example, they have already announced that the Trusts exam ong:tnally scheduled for .t\pril 18, 2002 will no\\. be held July 22, 1954. Students who are unable to travel through rune to write the exam should sec Assistant Dean Lois Chtang immediately and are advtsed to have a doctor's note. -Jacob Glick