Ultra Vires Vol 3 Issue 6 2002 Mar

THE STUDENT NEWSPAPER OF THE UNIVE RSITY OF TORONTO FA CULTY OF lAW

The return of Coffee Hou'ic, sec p18

The

•

MARCH 19, 2002

• www.law.utoronto.cajultravlres

Committee proposes semestered first year Plan for December finals and smaller classes gets lukewarm response at faculty council BYSIMREN DESAI

~ontentious

changes to the first-year curnculum, including fully semcstercd courses an~ decrc:tscd class sizes, arc being suggested ·~ a new discussion paper put out br the curnculum committee. The committee's report was printed in last week's He:tdnotes / and presen~ed to faculty council last Friday.'

The dtscusston paper sets out a plan that would call for nine semestcrcd first1 year co urses, Wlth classes limited to fortyfive students each. The current constitutional law course would be split up into a separate constitutional rights course and a co~:-'e on law and government. \ legal wnong course, culminating in moots that would replace the compulsory moots in second year, is also contemplated b\· the discussion paper. The ne\l.· legal proce~s course and ~e. elective system from this year would remam.

T_he suggestton to decrease first-year class sv.cs \.\las met 'With parocular resistance at faculty council. Professor Sujit Choudhry was concerned that the Jan eall< for a dis proportionate amount of n·~ourccs t<> be channded to the first year program.

"There's no question that there would be increased pedagogical value in decreased class sizes," Choudhry stated. "But I'm torn over the issue ... I would like to see a reduction in class size across all three years."

Professor Peter Benson also suggested that with more first-year classes, professors may end up teaching in areas that arc not in thctr core field of research.

"One thing that clisnnguishes the [U of T) law school is that people who teach first year have declicated their acade.rnic pursuits to the subJect matter that they teach," he said.

Assoctate Dean Mayo Moran attempted to reassure those who were sceptical about the large comrmtment of resources to first year contemplated by the report.

"Dean Daruels and I have examined the numbers, and it's possible. It's undeniable that this initiative would require a slight mcrcasc in teaching load. We are equally striving to decrease the upper-year class sizes," she explamed.

When prompted bv Professor \rnold Wemrib to describe what a 'slight mcrease' in tcachmg loads would entail, Moran indicated that most professors would probably take on an extra class every other year.

PLEASE SEE "RADICAL OVERHAUL, • P2

Lawft>alr 2002

Students celebrate at this year's Law Ball, h eld at Hart H ouse . Over 300 law students and their guests attended the event.

BLSA files human rights complaint against law school Tuition increases affect African-Canadians disproportionately, says complaint

BY TIM WILBUR AND DAN MURDOCH Twenty-two students reprcsennng every law school m Canada have ft!ed a complaint to the Ontario Human Rights Commission against the University of Toronto Faculty of Law.. The complaint is an attempt to highlight the clisproportionatc effects of tuition increases on visible minonty students.

"Tuition hikes, while visibly neutral, will affect black people disproportionately," stated Louise James, a second-year U of T law student who is included in the complaint.

"U of T has gotten to where it is through public support and public money. The law school ts answerable to the academic community [and it) is answerable to the wide.r commuruty."

The complaint states that tuition increases will cause "increased econonuc disadvantage and margmalizaoon for individuals who suffer from mdtvidual and systenuc clisadvantage based on race, colour, place of origin and ancestry, contrary to section 1 of the Human Rights code."

Ftling the complaint was the idea of the African Canadian Legal Clinic and Osgoode student Paul Reiley, who then asked the Black Law Students' Association of Canada to facilitate the process. The complaint was filed feb. 22.

"I hope that the Human Rights Commission will do the work to find out tf the tuition mcreases will affect AfricanCanadians the way we claim," James stated.

"That should have been done before any

tuition htke was proposed by this law schooL 1\oow we arc asking the Human Rights Commission to do that."

PLEASE SEE "LAW SCHOOL'S," P7

UVINDEX • • • • • •

LUNCH WITH SAMER, p6 BAR ADS PRIMER, p8 THIRD-YEAR SURVEY, pl0-11 HOW OSGOODE SEES US, p13 GET A LIFE HOROSCOPES, p16 FACTUM OF LOVE (REDUX), p19

www.casselsbrock.com/student.asp

NEWS

2

ULTRA VIRES

U ofT to hold referendum on new athletics centre

UV Briefs

BY NOAH GmERMAN

BY NOAH GITTERMAN

SlS executive acclaimed The Students' Law Soctct} ckction campatgn ended last \H'ek bc·forc students had a chanCl' to vott.'. with all three posittons on the SLS executive bt.:ing tilled through acclamarions Sccond·ycar studenr Jt•rmifcr Matthews is now the incoming Sl A'> president. first-y<.':lr student Tara Cochrane has i>een acclaimed as '-ire-president, and Megan Stewart, also in ftrst }L':lr, wt.ll l>c the l.S secretary. farthcu'S t·xplained that the lack of a chmn· for srudcnt voters is "'not ideal," but that sht· 'mrk hart! as president "to mah· the SJ..S more accountable and accc:;siblc.'' A big part of that effort. accordmg to Marthcws, invoht.-s rmplcmenting the proposed strucrurnl changes to student govcrnmmt that will combine rhl' admmistrntiw, fundmg, and governing activities of rhc SJA"' wJth the srudcm caucus of faculty counal. The exact narun.• of the changes were outhncd in last wc~:k's

,,;n

opposed to the levy. , "Srudcnt:. an.' the oiggcst contnhutor, and I thmk thats All srudents at U of T. including law students, arc being inappropnaw," .\lurphy explained. ·:we alr~adr have two askeu in a referendum to apprml· a :;tuucnt levy that v.ill athletics venues wc arc currently paytng for. be uscu to fund construction of a major new athletic cen1 le also expressed concern over naming rights, gi,·cn tre on the site of the existing Varsity stadium. that students arc the singlt• largest contributor but do not The $55 million project v.ill sec the old sradtum torn get to choose a name. . uown, ro be replaced with a smaller 5,000 scar outdoor staSp(;aking ro the Varsiry, Jean of the faculty ~~ p~ys1cal dium, a nev.: "\IHL"sized icc rink, anu workout and wetght- educanon Bruce Kidd explained that the new faciltty ts desrraining rooms. \ new 800·bcd student residence v.-111 also perately needed considering the state of repair of the existbe built on the sire, but v.ill not be funded by the levy. mg stadium and the need for more student space.

J\ large portion of the money for the new athletics cen"How long can we wait for a more progressive governtre is expected to come from srudcnts themselves. If the ment. and how long can we put off the demands of the lc\1· is approved, full-rime srudems v.ill pay an additional srudcnts?" he asked. "This f.1cility will significantly enhance S25 per year until 2005, after which the levy will incr<..':lsc to srudent life." $70 per year for approximately 25 years.

Yonng has already begun, and will end on April 12.

Jason \furphy, who recently resih>ncd as the law school's Srudents can vote online at ROSI. represcntaave to the Students' Admimsrracive Council, was

Radical overhaul of curriculum sparks criticism CONTINUED FROM COMMITIEE," Pl

ll eadnotc~.

" I V.':ln£ w get people excited ag-.1in." Matthew~ statrd.

ScconJ- and rhirJ-ycar repre~cnratives were also acdaml(·J, with one spot for third-year rcpn:sentl!U\C rcmaming unfilled. There is still a race on for class rep· n.·scntativcs to the smdenr caucus of faculty council.

Voting for these posttions will take place on ,'\farch 20 and 21.

Students to vote on redirecting \\bta~ \e~

I

The ~1.S w\\l b e uskmg b\w Sl\lllents to rc.ltrct:t an Clll'>t mg $15 sn1Jcnt Jc\'}' for library fund~ rmmrd' a nt•w pul>lrc inrnest summer internship. SI~<.; PrcsiJt•nr Hl'tljic ~hin~·walJ explained that the p ush to change the target of the lc\-y reflects the admintsrration:, increased ability to fund irs own program costs. '"Tiw liurary levy is an anachronism," explained Shincu-a!J. "Given the currcnt situation, we thought it was important for srudents to make a stall:ment about the importance of public interest lav..:" Students will be able to vote on the levy during the • LS and student caucus of faculty council dccnons on March 20 and 21.

Graditude campaign wraps up This yl'ar':; gradilUde campaign has ended with the third-year cla~s donating $40,531.50 m·er five years to a new student conference fund. \X'ith matching fun ds from U of T's pro\'ost, the total .1\'llilablc to oc disbursed to help sntdents plan and attt•nd law-related conferences will be $81.063 The numbers are down stgmficantl) from last )"t'llr.

Approxtmatcl} S71J,OOO was ratscd from stuucnts durmg last )Car's graduudc c:uupaign, the most successful camprugn ever at the school. The partinpation rate last }car was also htgher, with approxunatcly 65 percent of the graduating class making a uonauon. 1bis year's parricipauon rate was 43 percent.

Graditudc campaign co-chatr \dam Mat·rm• cxplamed that the ctrcumstanccs surroundmg the camp:ugn this }car-.... ere dtffcrcnt frnm thl· prevmus class in a number of respects.

"Pl·oplc arc less catain about the longe"IIY of tht'Jr anicltng placements, \\'l' have fewer student~ going to the U.S., nnd there is a greater pruhlc:m -....,ith overall rnor.o~lc," Macrov explained. ( ri\cn these factor;, i\lacrov considered the camp:ttgn to be a success, pomtmg out that there v.ill still he a stg· mlicant amoum of money a''llllable to future students ro pursue law rcbtcd Interests through conferences. "l'm pk'llscd \\1th the lc\ cl of f,rt\ing," Mnerov s:ud..

"That also includes a slight increase tn the size of small groups to about twenty per group," Moran further elaborated. \X'lule the focus of the discussion at faculty council was on class size, the most radical proposal in the discussion paper is the suggestion to movt; tov..'llrds scmestercd classes in first year. Professor K<.nt Roach expressed worry at the council meeting that the small g roups would suffer under a scmestered system because they would only be offered for a single semester, as opposed to the full-year classes m which students are currently enrolled.

"Small groups arc the jewel of the first year program," he added.

The curriculum committee \Vas struck with a specific mandate originally developed by committee chair Professor Ernest Wcinni> tn consultation with Dean Ronald Daniels: to consider semcsten.zatton of first year. At faculty council, and in a letter in the current issue of Ultra Vires, Roach criticized the push tov..'llrds a scmestered program, explaining that a committee he chaired only two years ago explicitly rejected this option.

"I remain puzzled anu disturbed about why we arc under pressure to adopt a semester system," concluded Roach in his letter on page 12 of this paper.

The committee will be meeting with focus groups this week, and then will come to a decision on whether they will bring a formal proposal for a vote at faculty council before the end of this acadcmtc yt·ar.

Sweet 'n' Lowdown Sweet Dean Darucls, for i>ravmg potential bun-tossing at law ball Jarrue Nelson (III) for nevertheless tossmg a bun m the direction of the dean Professor DaVId Duff on the dance floor at law ball (and showmg up for ,\dnan and Sandra's party) Robert Bork comes to U of T: the constitutional theonst you love to hate

19 MARCH 2002

NEWS

3

Faculty council endorses restrictions on first-year recruitment Confusion persists over definition of 'recruitment activity'

BY SIMREN DESAI

of the committee, argued that the proposal imciative," said third year representative should not be contentious because recruit Jacob Glick. He evcnrually voted in favour ment activity could be interpreted very nar of the committee's proposal. rowly.

Others objected to the proposal for the "The definition of recruitment that we opposite reason. Students' Law Society arc working with would not preclude the prestdem Benjie Shmewald was the lone disJD/ MBA students from parttctpating in a senter of the etght committee members large majority of their current firm activi- who brought the proposal to faculty council. ties," Hunter said. "If a club ts going to visit He pointed to a problem with the princia fum to learn about substantive issues relat- ple of the proposal. ''There ts dcfirutely an ing to legal practtce then they would not be tssue of paternalism," Shtncwald said. "It's exclude~ from doing so." very difficult to restrict a srudcnt's freedom This statement represented a major shift of action against [his or her] will."

Shtncwald also noted several practical problems with implementation. One concern pertained to the "chilltng effect'' the policy might have on srudents taking the initiative to approach practiooners for advice on various practice areas. The second was a question of the form and process surrounding sanctions and discipline in the event of a breach of policy. "There will be siruations where the law school will sit in judgment of firms. Firm X \Vill be the accused and Firm Y will call for a pound of flesh because they from prior interpretations of the defminon abided by [the policy]," s:ud Shincv..':lld. by both opponent:. and supporters of the Professor Patrick Macklem was not symproposal. pathetic to these points. "I thought that Coming from a careers committee mem- there was so much concern coming from ber, this interpretanon prompted ~orne sup- students ... about the corporate cu\tu!C at the porters of the proposal to question exactly school;' Macklem said. "l'm a\\ i.n favour o( what would be accomplished by the initia- pumng the fire~-a\\<. u-p. Kee-p the ha,.t:m.h at

Faculty council voted Friday to approve the career services and recrwment commircce's proposal to restrict contact between law firms and first-year students. But even after the vote, there \\':IS connnucd confusion over the actual effects of the new policy.

The proposal, endorsed by all but one of the committee members, calls for U of T to approach other Ontario law schools v..ith a plan to prohibu recrwtment actiVIty m the first term of first year. Most agreed that it was desirable to engage the other schools in a discussion and to propose collective action to the Law Society of Upper Canada.

The proposal did not say if other Ontario law schools were expected to be interested in changes to the current recruitment rules.

Confusion surrounded the defininon of 'recruitment activity' in the proposal. It reads: '"Recruitment activity' means open houses, firm tours, participatton 111 Oncntation, as well as any activity by a prospective employer directed toward spcctfic indiv1duals or targeted groups for the purpose of encouraging employment with that employer." Following this definition is a list of exceptions, including but not linutcd to "spectfic law-school and srudent-lnttiatcd acttvit:y such as the \lumni Mentor program, Trial \dvocacy, Chent Counseling, Orientation sponsorshtp, and part ietpanon tive. in clubs." u\t seems hkc "·c have SUCh "\tl. \1'\\\0C,:.\\Cl\lS The uncertaintY first arose when st·cond- definioon of recnutmcnr activit} rh.ar ir ycar represenrativ~ Clairt.• I lunter, a member would be pomdcss to go r.,.,,;.~nJ "Jth the

"I'm all in favour of putting the firewalls up. Keep the bastards at bay as long as possible" - Prof. Patrick Macklem

problem I'm not sure that thts ts the solution," first-year repre~entauvc Scan Keating volunteered. '1 think a better option would be to do what the [Career Development Office] has done very well tlus year, and that IS to make the public interest law optton more available to students."

JD/ 1\ffiA President Jeff Torkin echoed these sentiments when he presented a 140signarure petition by students who opposed anything but the status quo with respect to the recruitment pol..tg: Citing paternalism as his primary concern, Torkin pointed out that there was strong, but not vocal, srudcm opposition to the proposal.

Committee co-chair Professor Michael Trebilcock put forward a fresh rationale for the proposal at the meeting, namely that recruiting disrupts the academic schedule.

"It's inappropriate to view the majority's dcasion as supporting paternalism," he stat· cd. "What motivates this proposal is a need to solve a collective coordination problem."

Trebilcock pointed to the desirability of lirrunng recrwtment of specific slots in the calendar, likening recruitment restrictions to the kinds of restncnons we put on election campaigns. "One reason v.:c on\y have elections every four years i.s that ~c don't want politicians bothcti.ng us ~•th thci.r cam· pai.gn~ )"CaJ: rounu;' 'Tn:b\\cock sai..\.

hay as \,"'F.. as \"'OSslh\e:• t )t\u;rs tho\lght that U\C S<'>\Ut\nn sho·\.l\,_\ come in the form of lii>Craltzarion rnrhc:r rhan rc:strinion . ..1[ corpornuzanon i~ the

Lou·down Dean Daniels refusing to speak at law bali, thus avoidmg bun tossing Professors and students stealing coffee from Grounds of Appeal • that's theft, people!

Sl~<) executive acclaimed: we want the vote!

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VI

NEWS

4

ULTRA VIRES

NEWS

19 MARCH 2002

5

Dean appoints representatives to working group on diversity

Balancing work and children an enriching challenge

Student groups upset over lack of consultation

Women's Week panelists acknowledge it's hard to mix kids with Bay Street

BY DAVID KOUNSKY

bnn0ring them to the attention of faculty and thl· administration: and ad\oc:tnnt:. and negotiating for this parricular \Xorking Group."

Daniels stared that ~!Udent members of the working group arc :;clecn.:J as being "reprl'Sl·ntath c of a number of d1ffcrcnr

\\ hilc endeavouring to get the working group on di\'l'rsity underway, Dean Ronald Daniels faced criticism for his decision to pcr~onally ch:ur the group :md for the lack of con ultation \\ith interested students \\hen sdecung group members.

The group C\entuall) include anumber of students and faculty, and has a manJatl' to take the first sreps towards mcrcascing din.·rsity at the ~chool. \ ccording to Daniels, "minority outreach was not adclJUate to the task. f\\C: h.tvc roj get a working group to develop other Ji,·ersity initiatives."

Wh1le many applaud the movement cowards gn·atcr diversity, concern has arisen over the process by which the committee has been formed.

In an open letter to the dean, Students of Law for the J\dvancement of Minonties, the umbrella organization for the law school's minority groups, stated "the admirustration has used a confidential process ro invite students, facult) and staff ro sit on the \Xorking Group. \X'e ace alarmed by the lack of trans- dimensions of diversity." parency and absence of student consulta. \dmitring that the sclecoon process was tion in this selection process." The letter not democraoc, Daniels responded that this continued, "whr weren't student groups does not mean the working group will actively involved m the process of commit- exclude the student body at large. ''The idea tee selection? Students have a legitimate is that the committee \\.111 consult broadly," expectation of involvement, given that they said the Jean. were responsible for raising the issues; Another contentious aspect of the com-

,,;u

"lack of student involvement in the earliest stage of formation undermines the legitimacy of the Working Group and the credibility of the administration."

-Tina Cheng

mitrt:e's structurl' IS the Jean's decision to }cars. Th1~ 1s rlw committee that I will usc act as sdf-appointcd chair. "If the \\"orking till· the nc..•.xt ~'" months." , \skcd whether or (;roup 1s to be truly independent of institu- nor the replacement committee would be nonal pressure, it must be pcrcei\·cd to be formed on a purdy democratic basis, independent, and not as an attempt by the Dantds replied, "that's not the \\~1}' I'm preadministration 10 sc1ze control of the Jchb- pan·J 10 proceed cut this committee or on eraun· process,'' argued the SI.A:\f letter. another committcl•."

SI.J\~1 Treasurer Tina Cheng also "\\'c feel visible student leadership ts as tmportant as the Dean's emphasis on his expressed concern over this approach. '\'isihlc and clear' k"adcrshtp on this issue."

"This sets the tone for the future. \\'e'rc For Dan1ds, the issul' hmges on student conccrm.:J alx>ut the tone the dc..':ln ts sctpcrceptton of the role of the admimsrration ung," sa•d Cheng. ''It may close rather than in the working group. On his decision to open the possibihty of significant student chair the..· committee, he explained, "T felt input inro decision making." that it was important. ~tudcnts feel that it is "\\'c need to ensure that thc..rc are critical important that I appear vtsiblc on this issue perspectives on the table. ~tudcnrs \\ill be and I have responded to this challenge." profoundly affected by the dcctswns of the Daniels ts reluctant to constder a student committee," Cheng stated. "Lack of student co-chrur or greater srudcnt mput on mem mvolvement in the earliest stage of forma bershtp of the committee. "No, I'm not non undermines the legiomacy of the work going to proceed on that basis. I have to do ing group and the credibility of the admin th.ts on terms that arc comfortable to me." isrration."

For some committee members, the1r Daniels cautions against pessimism at selection by the dean rather than by student this earl} srage. "Let's expect that the comgroups has raised issues of accountability. rrurtee will work together," Daniels said. "I Said first-rear student Omo :\ki.ntan, "it's don't sec this as a we-them situation." not up to us what perspective we're bringmg lJnlike his critics, the dean 1s dectdedly optito the table and who we're consulting Wlth." rrustlc about the committee, stating that in She added, "in terms of who we're account- spite of criticism he expects the working able to, that's a big issue." group to be "creative, constructive, consulDantels also points out that the working tative, cooperanvc [and] courageous." group on dtversity is a tempo~- tnitiative.

"This is not the committee for the next five

§afe cuy 1Ytoot 2002 I Concours de (a Co~pe §afe 2002

BY BERNINA BUTT 'I<> most lawyers, nme is money, and raising children costs both time and money, so why make the mvestment? On March 5, Downtown Legal Services reVlew counsel l.Jsa Cirillo, Victoria Cowling of Borden I ..ad ncr Gcrvats LLP, and Professor Darlene Johnston spoke about the strains and overridmg rewards of balancing work and family life. ,\ predominandy female aud1ence attended the International \\'omen's \X'eek event organized by the Women of Colour Collective in cooperation with Women and the l.a\\: Cowling, who is married to a lawyer and has cwo young duldren not yet 5 years old, introduced the idea of "role strain" and the need for a good domestic support system.

She admitted that big firms are "not the best about the lack of continuity due to maternity leave." She also said that "firms don't always allow for big-picrure thinking," although there are top-up plans. There is, she added, "tension between being a profitable employee for the firm .. . and [raising! a family." " In firms, very few of the senior women have kids or have made [maternal] sacnfices," observed Cowling.

Part-time work is a "non-starter'' because firms arc reluctant to allow such a practice.

People who do manage ro fall under the rubric of part-umc staff almost mcv•tabl) end up working full-time hours.

Cowling has struck a balance between work and family by working for a flat fcc.

Fraser Milner Casgrain LLP and the Ontario Bar Assodation congratu a es University of Toronto law students Stephanie Wakefield, Noah Klar, Karen Park, Dena Varah, and t t eir coaches Katie Sykes, Salim Hirji-Lalani, and faculty advisor Professor Alan Brudner for winning the 2002 Gale C.JP Moot. The Universi y of Toror to respondents team of Dena Varah and Karen Park won Second Prize for their Factum submiss on, anu t~ e individual Dickson Medal was awarded to Karen Park as a top ora list.

The winner •tf nc..xt rear's Gale Cup will rcrrcscnt C:an01da in Mdbourn~·. Au ualin for {he Commonwealth Mc)Or c;r)mpetilion on April13- 17. 2003.

Le premier tribunal·ecole national bilingue au Canada.

Le 29e concour.s de pia dolrle a r~un1 des ~tudlallt(e)s

de 14 facu/r~s de dwit qui ant d~battu une couse aurf1enrlque de Ia Cour sup1~me devarH d'~mmenu et de vraaJuges dons un contexte slmulonl une exphJtmce rhlle tm cour d'appel.

(·.

Canada's 1premiere, nationa'l, bilingual

mooting compe-tttion.

The 29th Annual event featured students from 14 law schooh competirtg for eKceflence in oral adt<Jcacy;atgwng a real Supreme Court ca1e w1th

a d1s tlng ul.shed panel of }udgel to s Imutate on appellate court experience.

Under this scheme, "hours arc not the be all and end all," and the problem of being "only as good as your last billable hour" 1s circumvented. Cowling's work in immigra cion related law also allows her to go home when government offices close.

Cirillo, who has three children and who also schedules extracurricular diversions within walking distance, echoed Cowling's sentiments. Cirillo employs a caregiver, and their children are playmates. "I would be divorced or insane if I had no help," she declared.

By involving her "kids in work to assist them in dealing Wlth thelC angst," Cirillo av01ds "mommy guilt." When her duldren ask her why she has to work, she tells them that "Mommy went to school for a long time to learn how to be a lawyer."

While still in schoo~ Cirillo was interest cd in criminal law. She decided she was not "tough enough for this area of law" after she started having children. an experience that turned her into "mush."

Cirillo is happy with her current four-day work week at the clinic. She also rccom mended government employment. There are, she said, " lots of opporturuties to rake leaves because of top-up programs." She spoke of a friend who took maternit) leave after rust cwo months of work.

She contrasted this experience with those of her "friends in private practice who arc yean; '""'aY from ha·ving ki<.ls t.-nu "'ho\ 'I>."a!\\ some foorhoiJ at the1r firms before rhe1 brmg Jt up \l.lth their employers." Cirillo .1lso recounted her experience of bcmg accosted

"I would be divorced or insane if I had no help."

- lisa Cirillo Cirillo also tried to organize a panel on jugghng work and family while srudying law at Queen's University, but gave up after being unable to find female lawyers in firms who could offer positive comments about thelC expenences.

Professor Johnston similarly knew early on that she did not want to work ip a f1rm.

She urged the audience to be realistic. "You can practice law till your 70s, but you can really only have kids before your 30s. You have to be a tittle selfish." She spoke of the danger of dclapng childbrrth, g~.ven the huge d1ps in fertility after a woman reaches 29 and 35.

Johi\~H m ""okc frankly of ncr "er!l<ma\ CXf>Ct'\<:1\CCS, anu notcU \nat ..... omen 1>\\ou\<\ nor h<· dcrarcd from caking maranuy lt~H' b) rhc bclrcf rhar they arc mdrspcns.Jblc to rheir employers. "You can always get .1 job,

but you can't always have children."

"The best years arc ahead of me because my kids have taught me ro be productive," enthused Johnston.

Read it.

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writing than Canadian Lawyer, funnier than lexpert.

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by a woman ar a career fair. Cirillo was pregnant at the time and the lawyer, a mother herself, was anx10us to recruit her. The lady told Cinllo her day typically started at five in the morning. Th1s failed selling pomt alienated Cirillo from the idea of worktng m a f1rm.

OBA ·ABO Montral

Ottawa

Toronto

The Gowlings Fellows will participate in a 12 week internship at Gowlings' Ottawa office and will each receive a $20,ooaellowshiR. To be eligible, applicants must: 1. Hold an LL.B. or LL.L. degree from an accredited postsecondary institution; 2. Be enrolled in full-time graduate legal studies with a concentration in Law & Technology in the Eacult of Law at the University of Ottawa.

6

NEWS

The tables are turned: Sa mer eats his own lunch

BY OMO AKINTAN, ALEX DOSMAN, AND ALEXANDRA FRASER ou've ~ecn him in the Rowell Room, the computer lab, the law school receptions. You\·e read htS colwnns fanhfull). Chances arc he's winked at you. Hut how much do )OU n:all} knO\V abOut Glamour Samcr? \'\c, his three menwcs, deodcd to turn the tables on our dear mentor, and take him to lunch.

Samcr was rcluctll11t to accept our inmation. "1'11 blush. J'm blushing!" he responded. (Samer thinks he's cuter when he blushes.) Torn between competing dcsue,-fame and glory at being the ~uhjl'ct of a column, and abject feat· of what tlut column might reveal-his ego finally won out 0\cr falafel and pop at hts Bay ~meet apartment, we dug up some din on our man about town. " I'm not gomg to incrinunate you," reassures Paul, Samcr's faithful sidekick and compamon. Samt:r looks up, flasht.'S a knowing smile, and turns his attention back to charming his interv1<.wers. ftcc a promising l!tact in JOurnalism (he modestly admits ro having ascended the (.lobe and Mail hierarchy as far as 'Rca\ !~tate page editor'), Samer opted mstcad for \aw <.chou\ at the ~nivcrs1ty

LUNCH WITH SAMER

Y

o£ \'\ctm·\a. I\ ~t.""At of grc1..'tl \caves and eldt:rl) cyclists later, our incorti},>Jbly

"People think by going to the US I'm selling out, but I'm actually subverting the system ... I'm going to d.rag down American capitalism by my ineptitude."

- Sa mer Muscati urbane mentor transferred to U of'[ He had the distinctive look of a newcomer v.-hcn he 'l!.·.tlkcd uuo B1z Org late. The dean paused in mid-senrenee at the pcxhum, and his classmates looked up from their laptops: "1bcy v.·erc nlllooJ...<ng at me wHh thb look ltkc 'what the hell are }Ou doing here'?"

Qwte a lot, actually \ congenial fcllow, Samet has been acO\cly mvohed m man) f.'lcets of law ~choollife, most ob\ 1ousl} those mvohing free food. '' orne pcopk ha\·e called me a rcccpnon whore," he mentions, obviously naucred b\· the hononfic.

Who was his favonte lunch feature?

"Ted IJldcn.lt was the ci<Jsest I've come to dating a guy \\ithout actual!) dattng h1m "Jw t in case hts C<Jmmcnts mtght be subject to nusmtcrprctatton, he quahfies," o, not m that way ..." \X'hr then, v. e mquJCC. "It was a bn fuct.mou!'." \\"luch begs the yuestion ...

Wluch wa} docs Samer swing?

"People arc sometimes shocked to hear that I'm a le b1an." he notes with a sly

..

!Pho: Samer Muscall JYfhm: The Sultan's Pad (aka Samer's aparonent) !Phtn: Tuesday, March 5 Dish: Falafel and pop uastfavouritt topic Turquoise turdenecks smile. \'fc ~1tter in respomc, but can't help wondering if he v:as simply relishing the opportunity to get this 'l!.itticism m flrint. Vau\ confirms. "he's the gayest stT.li.ght man \ know."

Indeed, earlit·r m the year Sarna begged his mt•ntccs for a nicknamt• that implic::J virility. f hs first choice was 'Tiger', but when informcJ that It 'l!.'as alre-ady taken, he settled for •Kitten ·. ,\fter graduanon, Samer's heading down to Boston to work for a big corporate firm, "having no knm\'lcdge of l.'S law, or Canadian law for that matter.'' He ctums contmumg allegtancc to h1s lefne roots: "People think b} gomg to the LlS I'm selling our, but I'm actual!} subvert mg the system ... I'm going to drag down \mcrican capitalism by my inep tttudc."

Ho'l!. docs Samer reconcile his poliriC."lllcamngs \\ ith the undeniably corpo rate nature of his immediate profes sional pursww "I'm deftnitcly Bay cun ous," he C}..'}llains. Judging by his Bay !:>trcet restdencc 'II. c are pretty certain that he is in fact "Bay committed."

However, close quc-;norung reveals that Samcr's true career goal IS to be Emperor of Oman. "Man} of my phystcal attributes arc as a result of the desert," our learned mentor C.'q>lams.

"My camel C}clashcs, for example ... " he continues, batung them coyly for t.'Xtra effect. \X hen we point out that he aetually grew up m Otta\\a, Samcr explams that the nation's capital Is n "barren wasrdand" m tts own nght.

Quick thinker, our mentor. \X hr on earth would :Samet agree to thts Interview? \\cl~ an uncluntablc soul nught pomt to the ego (sec above), but 'l!.e prefer a ~unplcr ans'l!.cr. luch .ts he culU\ atcs a suave ccll-phonesporttng<ool cat pt'rsona, Samet's JUst a plam mce 1-,'Uy. \nd a great mentor to boot.

ULTRA VIRES

NEWS

19 MARCH 2002

Alumni group resists academic plan

law

Coordinated response to governing council in the works BYnMWILBUR L"lw school alumni have added their voices

to the resistance against the academic plan, which was recently passed by facull)· council and and is now awaiting approval by the uni· versity provost. Some alumni arc devdoping plans to formally d1ssent against tuition incr<.-ascs to the university.

"One of the initiatives will be to raise concerns at the governing council [of the univcrsll)'],'' stated Margaret Layton, an alumna who works at the Pay Equity Tribunal. If the academic plan is recommended for approval by the bllSiness board of the universtty tn \pril, it will be on the agenda of the governing council on May 2.

Desptte the express call for "dramatic mcrcascs tn alumm support," includmg an eightfold mcrcasc tn alumni program fundmg, Dean Ronald Daruels did not think alumru resistance would affect the direction of the plan.

"We don't set acaderruc prionoes based on any one constJ.tucncy outside faculty colmCJ!," Daniels stated. "We do the best thing, and then we work hard to ... persuade our partners of our case."

Sandy Pnce, an alumna who practiced labour law for a number of years, is confident that a large number of alumni arc against the plan. "I am fairly optimistic that there are a sizable number of people ... agamst th1s proposal."

Pncc 1s planning to voice her resistance the academic plan at goverrung council.

"I am opposed for a number of reasons," to

stared Price. " I am concerned that (tht· plan] rna\ have a detrimental effect on accessibil ity ~n the law school itself and on the um· \'l'rsity in general. I think that thin~ ltke this can spread. I don't think accessibility was properly studied."

Price also quc:;tions the reasons given to jusnfy the tuition increases. "If (faculty rccruitmcntJ is a rationale for the increases, then there should be studies that show that faculty recruitment is a serious problem at the law ~chool. I think law is one subject that is very JUrisdiCtion specific."

Third-} car s tudent Rachel Furey is working w coordinate alumni resistance ro the plan. "\Xc arc planning to ask grads and soon-to-be grads to sign on to a letter indicating (their] resistance to financiallr support the school in the wake of the tuition fcc hike," stated Fure). "I've spoken with several alumni who arc concerned about the implications of the twnon fee increase. \~c arc trytng to raise awareness about the impending hikes and to put pressure on the school to reconsider its posmon."

Both Price and Layton explained that how alumni will present their opposition to the plan is still undecided and the organizing is still informal. "How we raise those concerns before the governing coliJ1cil has yet to be decided," said Layton.

Price also thinks the plan has implicanons for our education system as a whole. "\'h have a public educatton system," sa1d Pnce. "Part of that is makmg the pncc re;t sonable."

~aH

7

2002

rt11dents were dre.r.red to the nines a/ this)'ear~r lmv ball, which 1vas qm'te possib!J the most Jve/1attended student-mn UlJV

.rocial el'ent in the laJJI .rchool's histm:y. Ot•er 300 people sho11•cd "P cit the Gret~l 1 fall til

1latt 1Io11se for dinner, drinks, and dancing.

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Law school's diversity rates poorly compared to rest of U ofT CONTINUED FROM "BLSA FILES,~ Pl James potnts out that _\fncan-Canadians represent only 1.5 percent of the legal profcsston in Canada today. "The fact is, it is really important to keep doors open. Even though I will not be affected direct!}; It is important for this place to remain open to people in the future.''

The law school has been under continuing arrack for a perceived failure to address di\-etsil)· issues.

Less than three years ago, U of T and three other Ontario law schools were named in another complamt to the !Iuman Rights Commission, which alleged that the I~ \T-bascd admissions policy on which each school relics is discriminatory. The com· plamant, Sclw} n Pieters, was later accepted at Osgoode and dropped the complaint. .\ recent n:port on U ofT's professional tilcult~t·s showed that while 40 pcrn:nt of students in proti.·s· sional programs uni\·crsity wide wcrl' vi~tblc minoritic~. only 25 pcrcl'nt of law student~ tit that category.

The school has initiated a working group on uivccs1ty, chaired by Dt.-an Ronald Daniels, to outline steps to tmprm c thl• rccruttment and im-oh·cmem of minority law students.

NEWS

8

ULTRA VIRES

NEWS

19 MARCH 2002

9

INSIGKT

International Law Society hosts annual conference

IN THE ALTERNATIVE

The dos and don'ts of bar ads

A monthly feature of U ofT alumni and their diverse career paths

A guide to the best and worst summer of your life

BY ROBIN RIX

<>n S:1turday, March 2. the lntcrnauonal

~

Law Society ho~tcd its runth annual conference. lldd at the law school, the n cnt attracted over 150 attendees, including I 00 Ia\\ students from l of T. The full-day conference mcluded panel discu~s1ons rcgardmg the practice of pubhc tnterc t law and the pracna· of intcrnalionaJ Ia\\ m a large firm. 1t .Uso included breakout se~stons on topiCS such as compention, ent<.Tt:unmcnt, cn~uonmental. hwna.n nght , 1rnmtgrauon, inrcUcctual propert}; and trade Ia\\: The discu~sions and sessions Wl'rl' f.'lcthtatcd by the parucipation of approximately 25 la\l:ycrs and community member~.

In contr:lst to previous conferences, \\ hich focused :~!most exclusivclr on carter opportunities in intt·nutional Ia\\~ the ori,r:I· nizcr:; of this }t-ar-'s conference aimed ro strike a balance bctw~:cn practical considerations and academic discussions. \'(bile some sessions dtspcnscd advice about job expectations and characteristics, other sessions gave substannve con~1dcration to issues such as the Kyoto Protocol, the International Criminal Courr, and the "Rules of \X'ar."

Rcvtews of the conference were general· \y good. "W-ith a particularly popular session bcing the prcsentauon by 1\arbara Jackman \ on unmigt-a.uon \a.w. }-a.ckman \!. a prominent Toronto \awyer who ser:vcl\ a~ co·counsel for ~fanicJ..-awsagam ~ urcs h in the reccm Supr~: mc Court ca~c Suresh \: Ca nada (AG).

The onl} session ro clic1t substantial criti· cism was the panel discussion on practising law in a large ftrm. Several attendees labelled this session, '"not appropriate for e\"Cryonc," and "a propaganda exercise for Ray Street." 1t was also .noted tlut a stgnificant number of the audience left before the session concluded.

Responding to this cnticism, conference organi:t.crs defended their decision to include the session. Fir~t-year student Lindsay Forbes suggested that the purpose of th<: day was "to show the variety of approaches til international law'' and that practising law in a large flfm was one such approach. second rear student Steve S.wllle added that he tu1derstood the session might not have appealed to rwxyone, but rlut the oq;anl7.ers "wanted to 111clude as much as posstble."

The student-run II~<; has been engaged in organt7.ing the conference since early November. In addition to Forbes and Saville, the organizing committee included Hannah l ~ntwisle, ~lc.xandra Fraser, \ndrcw Gordon, Rakhi Pancholi, Olivier Prou~t, and R)-an Smith.

The total OJSt of the conference was approximatcl} $7,000. Saville estimaR·d that sponsorship by firms provided 75 percent, \\ith the balance covered by the SLS and a $5 admissiOn charge. \stdc from U of T law students, attt:ndces aJso includc:d law students from McGtll, Osgoode, Queen's, and Wmdsor, as well as a small nwnbcr of graduate students, people holding offers of admission to U of T law for Scptcmbt-r 2002, and interested corrununiry members.

..

BY SALLY HEMMING ('01) AND JANICE words will undoubtedly come back co haunt you should you find yourself ('01)* So ) ou 'n.· almost fimshcd three } L-ars at atwnding a make-up session at the Law the coumr) 's "lx·st" law school. No,-..· it's Society 111 • 0\Tmber. !lml· to start pn:panng for the Bar J\dmisstons Course. \X:'hat you arc about DO: double and triple check that you have indlTd checked off the "pass" rather 10 face inYolvcs ctght exams in three and a half months. each of which coyers than the "fail" box on the sclf-assessapproxim.udy 300 pag<:s of mawnal, nor mcms. While the story of your fa1lurc may be the source of great mirth amongst your to mention the related statutes. Th~:re arc two ways you can approach thts. One way frimd~. the shame and stigma associated is to d1hgently apply yourself by rt-admg \\.1th the error \\.ill cause e\·erlasting scars and rc-n:admg the matenal, attending all and neccssitate years of costly therapy. the class sessions, and participating in a You laugh nO\-..; but dus could happen to meaningful way. The other "W-ay is our you method.

DON'T: neglect to identify and seek out potcnnal affiants who can attest to your DO: use the time as a vacation or to take attendance, and the fact that you did indeed pass yourself, at said self-assess· up a new hobby.

DON'T: schedule vacation plans and menrs (the negotiation one is particularly rerum flights too close to an exam day. tricky to get through). You never know You'll need a buffer zone m case of when you may have to prove that you realdelayed or cancelled flights, as well as to ly dtd pass yourself and haVlllg that extra allow time to pop the plastic "WTaP from affidavit on hand could save the day. your educational matenals.

DO: go w the B.\C office to pick up any DO: attend seminars during the skills phase.

DON'T: attend seminars during the substantive phase. Note that there are several key excepoons to this rule: calculaoon of net family property (family module); tax caku\ations (busmess module); Planning situations where you are J\ct problem sets (real estate module).

DO: perfect a blase, disinterested look for

forced to admit to a class

DO: attend all assessments (self or otherwtse) and all exams.

DON'T EVER: attend lectures, regardless of phase.

DO· aim low, but not too low-you should be aiming for pass +1, although pass +2 is preferable-you at least have to know where to look in the table of contents, after all.

DON'T: try to win any prizes, or you will face the mockery and ridicule of your friends and peers.

DO: hook up with a partner you can trust for skills assessments who will talk you down from any ideas you may have of exceeding the requisite level of med1ocnry.

"Jow is no time to live up to your typical "L of T" standards of excellence and over-achievement.

DO'\J'T EVER: ask questions in class. If you must attend class, try to keep the scsstons as short and as painless as possible.

Otherwise, you will be \\."listing everyone's orne, mcluding the instructor's. Besides, the Osgoode and Queen's students already have an itemized hst of queries and clari· fications to pose-this is not a joke, they really "Will.

DO· take the opportunity to tell your fncnd~ ro relax 1f you notice they arc taking the BAC too seriously. You'll be doing them a huge service by pointing out that a mark of pass +1 and a mark of pass +20 arc both a pass.

DON'T: be too vocal in your opimon of how ridiculously easy the bar exams arc, and how even a monkey could pass. These

of blood-thirsty and bitter Osgoode and Queen's students that you did indeed graduate from the den of scandal and iniquity. handouts that you missed because you weren't attcndtng class. Remarkably, these handouts can actually come in handy dur ing the exam.

DON'T: wait until the day before the exam to p1ck up the handouts or you may face the snarky remarks of Law Society staff who are resentful of your indifference.

DO: complete the practice exams and take them \\.ith you to the exam, even if com· piecing mt'3.ns merely transcribing the correct multiple-choice answer:; on to the question sheet. The Law Society docs reC}Ck questions.

OON'1 merely trash your Bar .\ds matenals after the exams. Be planet friendly and recycle them.

DO: consider mvcstmg in a multi· coloured tab system so that you can flag kcy pages in advance, such as the calculation for net family property.

DON'T· forget to "review" the materials, but only once. Make sure you do your rc\'icw clo~e-but prtJerably prior-to the exam.

DO: marvel at the amount of money you're getting paid to have an extended

vacation this summ<:r. (Our apologies to those who arc paying their \\'a)' through this marathon of m<:diocrity.)

DO'\ f: boast at firm summer functions that vou arc gladly taking their salary but not attending class, parucularly in the unlikely event that you happcn to fail an exam. Othcrnis<:, you may find yourself 111 an uncomformblc situauon, especially wh~:n you have to explain why you need co ust up a vacauon day to "pop by the Law Society."

DO: finish the txam before leaving the exam room. \\t: know from personal expencncc that your huge rush to leave may cause you to madvertently miss a third of the exam. Such an oversight could ulttmatcly result 10 your having to appeal the marks you were (or weren't) awarded on the remaining two-thirds of the exam.

Trust us on this one. No, really.

DO 'T: proofread your answers if you've firushed the exam early-leave immediately. Note that dus docs not include checking that you have actually finished the exam. As stated above, this IS 1mportant, and it usually only takes a few seconds. Of course, if you haven't firushed the exam, such a check will wind up taking you a little longer.

DO: break open plastic wrap on your B \( rnutc.'nab pnor

10

rlu• c:o-.~un \.~a a ung

unul you're at 1h~: ~:xam Jtsdf could

W1ll

you cool cachet, but such an approach will prove embarrassing should you wind up failing the exam.

DON'T: forget to bring your B.\C-issued big blue binder if you really arc so cool that you have to wait until the day of the exam to unwrap the materials. Failure to heed this tidb1t of advtce can result in embarrassing spills of the copious Bar \ds materials during the exam, and "Will bring on the mevttable scornful and smug glances of those who have not yet developed the reqwsite Bar ,\ds apathy.

DO: perfect a bias<.\ dismterestcd look for situaoons where you are forced to admit to a class of blood-thtrsty and bitter Osgoodc and Queen's students that you did indeed graduate from the den of scandal and miqu.ity.

00'\JT: look at it as an opportunity co hook up "W1th a new romantic mtercst. If you've been paying attention at all, you won't be there often enough to develop even a casual acquaintanceship-your attendance ~·ill be erratic at best.

J\11 in all, let'~ face it, the coming summer will be a prctt}' good g.g if you're getting paid to slog through the rigors and demands of qualifying for the Bar. For tl1ose of you who choose not to ride the gravy train, be prepared to end your summer harbouring severe bitterness. In the words of one wise BAC alumnus, "it's possibly the best job you'll ever have, albeit the worst vacation." *ll'~rld!J co11si11 of Pt11'!} (Ill) u.ho is rumormd lo htll'f madt a ma11 of S1a11I!J (II) a/ camp d11r· i11g lht s11mmtr of '89.

Janet Stubbs harmonizes legal and artistic interests

BY BERN INA BUTT .Jam•t Stubbs g r:tduat<:d from the Faculty o f Law in 1969 and curr~:ntly works as DirL·cwr of the Ontario ,\rts Counc1l Foundauon . She admimst<:rs both the Ontano government's Arts Endowment Fund and endowment funds established by md1v1duals and foundanons w support the arts. ~he promotes the program, meets with individuals, and works with outside legal counsel to manage the legal aspects of trust agreements wtth various organizations. \!though Stubbs did not pursue a tradioonal career 10 a downtown firm, she does not regret havmg attended law school. "\ legal education is an easy thing to carry around Wlth rou ... it opens doors for you," said Stubbs. "It has been a great help to me to have that background."

The OAC approached Stubbs with an employment offer because they were attracted by her legal education and knowledge of the arts. Before joining OAC, she was Director of Music Administration at the Canadian Opera Company, where,

"Law school does teach you to analyze things, and ... to

get at the nub of things, to get at the issue." among other things, she was responsible for negotiaong with Canadian Actors' Eqwty Associaoon. Srubbs has an understanding of negotiations from the artists' vantage as well: she "W-as a member of the _\ssociation while she worked as a professional singer.

Srubbs started singing as a "casual pastime" while enrolled in law school. "I was encouraged by my singmg teacher to make a career of 1t, so I thought I could be a part time lawyer and falso] sing and srudy," recalled Stubbs. After arncling for McCarthy and McCarthy, and undertaking s1x months of part-time employment at a one· person firm, Stubbs quit and pursued full-time studies at the opera deparonent of the Faculty of Music.

Stubbs "did not go to law school just to work m the arts." Rather, her career "evolved." She "had no preconcetved notions" when she entered law school. but knew that she did not want to stop studying

The winning Gale Cup team, donning their robes at the Ontario Court of Appeal

Mooting honours for U ofT

BY BERN INA BUTT

Janet Stubbs sings at the law school's 50th Anniversay Reunion after obtaining a degree m arts from Vtctoria College. She vistted the law school and spoke with Jusuce Horace K.rever (then a professor at the school) who was "cncour

u\o. • an

schools to take first prize at the Gale Cup held in Toronto at the Coun of Appeal.

The cup of victory runneth over for U of T Karen Park won the Dtckson Medal for mooters who recently received accolades at being one of three top oralists, and the the Callaghan, Securities, Niagara, Jessup, group's respondent's factwn memed a secGaJe Cup, and Wilson Moots. ond place factwn pnze. The team's perforU of T's internal moot, the Honourable mance was laced with humour and poise.

Frank W Callaghan Moot, hosted over 25 This is the second time 111 the last twenty judges. This year, the top oralist pmes were years that U of T has managed to win this captured by Bryce Edwards, Mark Siboni, highly compeutive moot.

This year's team was expertly coached by and Roger Kellner. The top teams were composed of )ay Streetet: and Teresa C.han, S-a.um Hi£\i. and Kane Sykes. Su-p~ut ~-a.s and 'Bryce Fdwat:ds and Rachc\ hctwc. y.rovu.kd by \'>£o~e..SO't •'-\an \\n.dncr.

R .. •·na (-,.,Y"'\ and .\,\,._on \\an..t=•\ ""rotc tbe

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~'\oot - \,e\u "' the \·cu"ru

oot

appellant's factum, and imone Bolll:n Coun o\ '\'oronto -a\!>(> too\<. ph<:c on \'roc interesting place to be." Although .Srubhs 22nd and 23rd T1m Dickson \Hill rh~ cop and Ittna 1\fanrdl had the best n•spontlt·ru's "thoroughly enjoyed [her] srudies there," om/Jst prin· for u·har tC3171mare Cohn Grey fucrum. she later became more interested in smging. ..\riane f<arrell, Marcia Jones, Jaan Lilies, dubbed his "loud, booming voice... Tht· ru-o "1 had every intention of getting called to and Jana Stettner placed second in the moorers, along u--ich Sarah Corman and the Bar as an insurance policy to go off and Secunties Moot. The team entered the final Lelgh Salsbcrg, placed second afccr enrenng gtve s10gmg a whirl." rounds m first place. Stettner \\1lS awarded the finals m first place. l\fichael Dineen, Estee Garfm, Jacob Last year, Stubbs was invited by Dean top oralist honours. Parncipants in this Ronald Daniels to sit on the corruruttee moot tackled a difficult area of law and had Glick, and Rebecca Jones - who similarly rcs~nstble for organizing events for the to be ready to argue both sides of the issues. won second place last year - coached the 50 Anruversary Reunion. She suggested a Professors Kev111 Davis and Jeff l\.faclntosh team. Professor Lorraine Wemrib contributed co the mooting team's success. chorus with Justice Rosalie Abella on the were insrrwnental to the team's success.

The \\ t.lson mooters lost to the ream ptano. She described the event as a "terrific Chris Veeman, Kevtn Doyle, R.tkm from the University of Bnnsh Colwnbia.

Morzana, and Jennifer l\.fatthcws competed success." and Grey had mooted against the Otckson Stubbs spoke fondly of her days at the 111 the Niagara Moot, the finals of which team before, and therefore "med to be all law school. She 1s pleased With her present were held m Pittsburgh. The team - which strategtc," according to Grey. Unfortunatcl}', posttion because it allows her to "usc her won first place - was coached to vtctory by the team lost due to an "unanswerable qucs· background as a performer and her legal Alix Dostal and Julie MacLean. Morzana tion" revealing a lack of evidence. ''When education." Emphasized Stubbs, "Law placed fourth as oralist. Matthews and Doyle you can't answer you just have to srrule and school docs teach you to analyze thmgs, scripted the best respondent's factwn. look pretty.

The C.B.C. team was better at and ... to get at the nub of things, to get at David Patacairk and Nv:ma Shivjt were srruling and loolung pretty," posited Grey. the issue. Law school is a great education named top oralists, and received the Donat Satd teammate Corman, "participating in regardless of what you want to do."

Pherand Award (third place) in the Jessup the Wilson Moot was a fabulous experi· International Law Moot. Estee Garfin and The Ontano Arts Council webstte is: Rebecca Jones were their teammates. encc." The team is "parncularly indebted to http://www.arts.on.ca.

Sixteen schools entered the competition Mary Eberts who gave so generously of her Janet Stubbs can be reached at that took place Feb. 15th and 16th m time and wisdom."

"The most valuable part of the learning Montreal. Professor Jutta Brunnee particijstubbs@arts.on.ca. experience for me was the interaction with pated as Faculty Advisor. the lawyers who acted as our run-through On Feb. 22nd and 23rd, Noah Klar, judges along the way," she added.

Karen Park, Dena Varah, and Stephanie agmg aml n...,_uc \aw schoo\ auunu

Wakefield outperformed thirteen other LENCZNER S LAGHT R OYCE SMITH GRIFFIN BAIUUSTUS

For information about opportunities for a student to team to be an advocate see our website at www lsrsg.com or contact Perry Hancock, Student Co-ordinator at (416) 865-3092, e-mail phanco<:k@tsngcom Surtt 2600 , I )0 ADO.AJD£ STUn Wur. Tao<Ot<T'O. O!<rA,lO, CAl<AoA MSH JPS T~(416)16HS00 • fACSIMll-2(416) 165-9010

Ultra VIres would like to thank all of Its readers, contributors, and advertisers for their support over the year.

Have a great summer and good luck on exams.

Survey of the graduating class

On money matters Srudem~ were askt·d about their total educational Jc:bts, whether they feel

The after life

BY BEATRICE VAN DUK What 1s it ltke to be a studt·nt here? Nobody real!} knows what the collccm·e expenencc IS hkt·. So Ultra Vtrcs survcrcd the graduaong class and attempted to aggrcgaH' student opimons. l put the survey in the third }Car mail folders and called around to make sure people knew 1t 'W"liS there.

The survey was not cxacdv conducted m a socnolic manner. I came up with the ques tions, whtch dcftnitely reflect some of ID} personal btases. For example, I asked smdent:; u hen they em"tSlon haVIng a first or addtnonal chtld but I failed to include an opnon for people who do not want kids. Luckily, my cla5smates let me know where 1 went wrong, and noted built-in biases while compensaong for them by wnong m responst.'S. Soli, the sur\'C} docs reflect certain trends, and students d1d have a chance to voice their opimons anonymously 84 srudents responded. There are 162 people m the class composite from first year. Taking mto account a ccrtatn amount of attrition, and the combined programs, that g~vcs the survey a response rate of over 50%.

Totals rna} not add up to 100%, because not all smdcnts responded to every quesnon, and because of rounding.

Thein side scoop From one to five, 1 being a very negative experience and 5 being a very positive experience, overall how would you rate your time at U of T law school?

One: 4% T"'O: 7% Three: 27% Four: 47% Five: 13%

Not "Ute: 9 .'3No Are you h appy you came to U of T? Yes: 70%

No:7o/o Nor sure: 1901o I f you answered " No" , where else would you have gone?

Osgoodc: 29.7% University of Victoria: 17% McGill: 16.6% Somewhere in the States: 11.9% Dalhous1e: 7% Queen's, Western: 5.9% NYU 4.7% Who is your favourite non-student in the law sch ool community?

Effie: 21% Ted Tjaden: 20% Celia Genua: 16.6% Mana at the Cafeteria: 8% Martha Schaffer, Aladdin Mohaghcgh: 7% Which professor put the least effort into teaching?

Hutchinson (1st year Civ Pro): 16.6% Macintosh: 14% Barry Glaspell: 8% Morgan: 7% Drassinower: 6% What was your favorite class at th e law school?

The diversity of tastes at this place is incredible! Students mentioned 40 classes in total.

They ranged from Admirustraove Law co Freedom of Expression, from Sports Law to Advanced Criminal Evidence.

Torts: 8% Contracts: 7% Family Law, Tax Law: 5.9% each.

Evidence with Professor Mewett, Trial Advocacy: 4. 7% each.

the1r professional choices have been affected br thdr debt load, and if they received financial aid.

Career choice affected b\· debt load. 30.9~'o What are you doing in the year following graduation?

Received financial aid fr~m the law faculty: 22.6% Clerking: 14% Interesnngly, 16% of those who responded arc more Arricling on Bar St.: 48.8% than S50 000 in debt, yet d10 not reCLv:! any financtal Arricling at a small firm: 8% aid from the law faculty.

Arricling "ith the government: 9.5% \\'ant to article, but don't have a job yet: 4.7% Debt Load \X'orking at a law firm in the States: 8% $0: 25%.

Other: 5.9% S1 000- S9 999: 4.7% $10 000 - $19 999: 10.7% If you will be working in the States, do you hope to $20 000 - $ 29 999: 9.5% come back to Canada eventually? $30 000 - $39 999: 7% Yes: 5 of 7 $40 000 - $49 999: 16.6% Of tho~c who want to return, all want to return within six $50 000- $59 999: 11.9% years.

3.5% $60 000 - $69 000: $70 000- $89 999: 4.7% $90 000+: 5. 9%

Are you getting a JD or an LLB ?

I don't know why, but some srudems left this one blank, so the percentages do not add up to 100.

JD: 57% llB: 40% If you are going to Bay St., how long do you envision yourself working there?

Out of the students going to work for a Bay St. law firm, 73% envision working in that environment for only 2-5 years.

17% plan to work on Bay St. for more than 10 years.

14.6% plan to work on Bay St. for more than 5 years.

14.6% plan to article and then leave

Are you happy you wen t to law school?

Yes: 85.7% No:~.5%

11

RETROSPECT: THIRD YEARS LOOK BACK ON LAW SCHOOL

10

~t\te

~o <)

~

P,.0

If tuition had been $22,000 when you were applying to law schools, would you still have come to UofT? Yes: 16.6% No: 40% I would have had to think much harder about my decision than I did: 41.6% Do you plan to donate money to the Law Faculty (including for Graditude)?

Yes: 57% No: 39% 2 "maybes"

Love and marriage ~e

David Duff: 15%

Are you married, or living with someone you consider your partner?

~

~0

Yc.~. 34°/o No: 59%

~

Ask everyone ro wear namcrags so I wouldn't have to pretend to know their names anymore.

Look very young.

D o you envision yourself taking significant time off work to raise a family?

Stop wearing navy "school boy" blazers.

Deruse Reaume, Lorraine Many of the women responded that they hope to create a flexible working arrangement, Keep up the good work!

Wetnrib, -\rnie Wemrib, Tony or that they planned to reduce their workloads to raise their families. They rejected the aliFind a director for the IHRP Duggan, Carol Rogerson: or-nothing approach I offered in the survey.

Ditch the five-year plan, re-think salary hikes and make 5.90/o each.

Yes: Men, 9.5% Women, 28.5% teaching the top pnority at the law school.

Take the money and run.

Make an honest effort to look at the tuition increase Id eally, how soon would you like to have your first, or another child ? from the point of view of a middle class student.

1-2 years: 2% Shave my head, pierce my nipples and sing Morley Crue 2-4 years: 22.6% songs until they dragged me away.

4 5 years: 29.7% total.

Freeze/ cut teaching salaries, and let those who threat7-10 years: 11.9% total en to leave for Bay St. follow their hearts.

No Children: 5.9% total Freeze tuition.

Reduce tuition.

Lower tuition.

Get nd of Starbucks and replace tt with a Tim Horton's Make sure the first-year students knew they were the Best of the Best ...

Pardon all students involved in the marks scandal, admit to them (publicly) that the school was completely m the wrong and acted wholly inappropriately.

Wear a bejeweled crown and write numerous propagandist articles to all the major national newspapers debunking excellence.

What was your best extra-curricular experience?

Have you ever read a complete edition of the Law Review?

Increase secunty.

DLS: 25% No: 79.7% Think about whether Bay St. wants to continue to supYes: 20% Sports: 10.7% port a school that sends a $22,000 message that we're Compctiove Mooting: 9.5% training lawyers for Wall St. D o you read most issu es of Ultra Vires?

L'ltra V~res: 5.9% Listen wtthout talktng.

Yes: 92.8% ELS: 4.7% Usc my powers for good, not evil.

No: 5.9% Law Games: 4.7% Stop trymg to be like the US and worry about doing what we can with what we've got.

Do you think you do more or less studying than Consolidate power, undermine my opposition, and appoint myself Dean for life (because no other institution would have me) your classmates?

Eliminate the grades "D" "C" and "C+" More: 16.6% Establish a "Worst Teacher" award and cancel classes Less: 39% Raise my salary - oops! I've already done that.

About the same: 39% Fix the holes in the doors of the women's washroom.

Tell everyone to meet me at the Duke for beers - then pick up the tab.

Peter Benson: 13% Martha Schaffer: 10. 7% Colleen Flood: 7%

I

Diversity a priority for this dean

BY MICHELLE HENRY If I were the dean, how would I work to 1mprove diversity at the Law School? \ proper answer would reqwre more space than Ultra Vires is able to allocate. 1 ask myself, what are practical and acceptable ways of Improving diversity at the law school and what are the present barriers that impede our progress on chis front?

Dittrrity in tiN strtdtnt bot:!J The need for increased representation of various dtsadvantaged groups in the legal profess10n ts cercamly not a new top1c. We cannot continue to discount that need given the changing face of Canadian sooety. But, representaoon in the profcsston will not occur until the student body at the faculty becomes dtverse. Genuine efforts have been made to increase diversity at the law school; still it is obvious that we need to step up our recruitment efforts.

Dtverrity in instruc/Qrs It is truly disappointing that, in 2002, I can soll count the number of instructors from equality seekmg groups on one hand.

Reflecong the growing diversity of Ontario's population in our faculty is an impcraove step to improving diversity. As dean, I would be more aggressive in my

recruitment of instructors from minority groups.

Dtvrrsity 111 curriculum I would work from the premise: if you build 1t, they will come. Part of my effortS at achieving excellence would involve divers~· fying the curriculum to proVIde courses such as critical race theory. ow I concede that there is often little enrolment in ~uch courses. But it goes back to the lack of diversity in the student body. It also goes back to our o-wn unconscious labelling of these courses as "not real law coun;cs."

Recognizing that, I would make effortS to mcrease enrolment by advertising to poten· tial students and removing the stigma that are often attached to these courses.

In any case, as dean, I would make a greater commitment to these issues--one that involves proper consultation with students and disadvantaged communities. I should be more direct here, and say that, as dean, selecnvely mviting input is not the way to go. With so much to do and so little time, Important voices cannot be left out of the process for fear that they may have their own agendas. If I want to get it right, I would realize that our own attitudes could be present barners to progress.

Through the looking glass:

Jbe graduating c\ass \n the eles of the younger years

BY STEPHANIE WAKEFJRD

been so eager to help, whether it's ro help coach, give advice on jobs, or even more importandy, help to find the perfect summary. There are no pretensions or feelings of superiority. They seem to run the show, and are always involved in organizing events." She even went so far as to say that "if it wasn't for a lot of third years, I would not have had a very enjoyable time at law school."

There was some concern, however, that the combinaoon of apathy and helpfulness nught not add up co great role models: "I am a little worried that they do too good a JOb of convincing first years that law school 1s purely about fun, not readings."

Most agree that the class is close, but not cliquey. "They aren't nearly as cliquey as first years. There is a definite fraternal spirit," opined one student. Another added: "They seem like a very close-knit bunch of fun people. I get the ;;ense that ther are a lot more cohesive than the second-year class and probably even than the first years."

And if the third years are gctong nostal gtc (even a little bit?) about their time at the law schoo~ the feeling is shared by the other students - or at least those who nonced they were here. "I wish I had gotten to know many of them better," said a fir:;t year. "They've been a great class overall, and it's been a pnvilege getting to know some of them," said a second year. ''The third years will be missed."

So what do people think of the clurd years?

Judgmg by the lack of overwhelming response, It didn't seem to be a pressing quesnon for most other students at the law school.

One first year apparently didn't realize there war a third-year class, exclauning "What?! You mean I have to stay m tlus hell-hole for two more years?" And a sec· ond year student seemed unimpressed by the third years' impending departure: "Now they're here and then they'll be gone - oh well. You can see I'm really concerned."

Maybe tt's just a reaction to the notonous third-year apathy, witnessed first-hand by other law school students. "Honesdy, they seem quite lazy to me," said one first year.

"Etther that or into socializing a lot" Has third year apathy proven contagious?

There's some evidence that the disease has already been passed on to the next genera· non several months early and - of even greater concern - m a more virulent form.

"Where are the second years?" a first- year asked, while a second year admitted that "people in our year aren't exacdy lirung up to do things."

But if the grads don't seem overly preoccupied with classes and readings, the consensus is that they have plenty of spine when it comes to student life. One woman had nothing but rave reviews for the group, noong that any sense of hierarchy disap· peared once she breached the firstyear/upper-year barner. "The most striking ·Names have been omitted co protect the aspect is how the third years I know have gwlty from third-year retribution

ULTRA VIRES

EDITORIAL

12 EDITORIAL

ULTRA VIRES

A (meaningless) vote for Jennifer Matthews

L ltra \ ttL-.; ts the srudent OL"wspapcr of the l'llcult\ of La\\ at the L ru'liel"Stl) of Toronto Our goal1s to prO\ tde a forum m \l.iuch stu dt•nt$ Lan exchange thctr uleas. \'\'e hope to fos ter a en e of .communtt) wuhm the 1-acult) of Law, the UIU\crstt) as J \I. hole, and the greater Toromo area. Our nusston 1s to mcrcase student uwarLnes~ of kg.ll and soci.tl i~sues and, in turn, to enwuragc our peers to contribute to the mall\ commumnes of \duch \\C arc :a part.

T

l•JJtorr-in ( .Nr/ 1'-.:oah Gitterman Dan ;\lurdoch 1'\rr»'f Tim \X'ilbur (University \ffairs) Bernma Burr (Srudcnt. \ffairs) Ftaflllts

\li Engel .Beatrice van Oijk

Edliorial C-~ Opinion joseph A.G. Berkovits

Lr.rPf lsmu Simon-). Proulx Dim-sio!IS Stephen Parks

Produdwn A1anager Salman J laq Produaion Assistant l~.mi\y

Mak

Ad..msing Mllnagcr

)

Jenmfer \X'cinbcrgi.'I' lJHnntJJ Malli'§"

Bess Joffe

Copy Editor

he l V cdJtorial board giH.'s 11~ support to Jennifer ,\fatthcw~. acclaimeJ Sl~" President for next }car.

It is commo n pracun· for ne\l. $p.tpc.:rs to writ<' t'dllonals in support of their fa\'ournl dc.:clion candiJates.

This non dcctton maUl' It eil")' for us. ~orne members of the t•ditorial boarJ don'r en:n know who "\Is. .\fatthc.:\\s is. ~one of u~ know \vherc she stanJs on the many is~ues aftccring U of T Ia\\" slUdenrs. Hut \\ithout her, there would be no student pres1dem at all.

So, for her Interest, she has our support.

There is a problem with the srudent government at this school. Why are all the top Sl.S positions acclamaoons, yet constderable competition extsts for faculty council positions?

Why does our srudent government seem so far removed from student pohocs?

The current Sl.S executive has recognized the problem. The SLS is essentially a social convenor and money launderer, with little role in the relaoons between srudents and the administration. To bridge this divide, a proposal has been forwarded to merge the SLS Wlth the student caucus of faculty counc1l.

'The pt:O\)O!Ied sttucrore would create a president that oversees both the student and faculry affrurs branches of the combined entity. It also calls for meetings between the rwo branches at least once a term. But the proposal

\

usclf focuses pnmarily on thl' adrruni~tr.l!i\e bendits. The more unportant n:asons for combming the Sl .S wirh the !'.tudent caucus of faculty council 1s to mcH·asc tht• opportunities filr swJcnts ro participate in their own govnnance.

The problem is not simply dut student nustak<..'fll}' think the SI A " is n:sponsiblc for representing tht•ir interests ro the administration. It 1s

There is a problem with the student government at this school. Why are all the top SLS positions acclamations, yet considerable competition exists for faculty council positions? that - beyond an election process that pernuts almost no campaigning, and the occasional minutes in Headnotes from private mystery meetings - srudents have very little involvement with the srudeot caucus.

The srudent caucus is not a group of expert poliq makers whose opinions deserve more weight than the srodents who vote for them 1\.s the chrecoon of thJs school grows mcreasingl} contentious, it becomes very important for srudents to have a voice for e~ther supporting or countering the administration's ideology. Effective

orgaruzauon ut the student govern· ment lnd woulJ ensure that this voice is as loud as possible. .\1cetin!,rs bcf\veen rhc two branches of ,\11 c.:nlarg.:J SI.S would allow for a broader thscussion of faculty i~sues.

These ml'l'ttngs should bt: well publicizcJ :tnd held at corn-cnient ttme::. 10 l'nC<JUragc other srudt•nts to attend.

Srudem caucus meetings shouiJ also be opencJ to rht: \\hole school.

Evenrually, faculty counctl represcnta· rives will ha,·e to vote with their own conscu..ncc, but they should do so after heanng as many optmons as possible; thctr votes should not be a combination of personal fcchngs and the opinion of their best fnend.

It has been suggested that the only way student members of faculty council can influence the process is to play by the administration's rules, that ts, to keep quiet about discussions until final decisions are made. But confidentiality is usually just intended to stall dissent. The participation of particular srudcnts in an unacceptable process should not be justified on the grounds of realpolitik at the expense of true srudent involvement.

So, congratulations to Ms. Matthews. The fact you were acclaimed should tell you one thing: your mam 1<>b next year must be makmg the su; relevant to srudcnts. ft should merge with the student caucu• of faculty council and mcrease the oppornmities for all srudents to participate in the policies of the school.

OPINION

19 MARCH 2002

13

Osgoode Hall students: they don't really hate us

BY JOSEPH A. G. BERKOVITS recently sat with a group of Osgoode Hall law srudents at a communtt) event. \s soon as they found out that I was from the University of Toronto La\1. School, they gleefully asked me if I was onl of the "cheaters." Dtd I know an} of the "cheaters?" \\bat did 1 dunk of the "cheating scandal?" Uter putnng up wtth their questions for as long as I could, 1 decided to pose a qucsnon of my own: "How docs tt feel to attcnJ the finest law school tn North York?" That killed the conversation. They left the table in a huff \ftel'\Vards, I felt ashamed for all of us. I was cspectally ilisappoimcd in myself, as I was a proud York undergrad and now found myself becommg a L of T snob. To make my penance, I trudged through the muddy fields of my alma mater to visit Osgoode Hall and p1ckcd up a copy of the Osgoode student newspaper, Obtter D1cta. On the newspaper's cover was a mock Osgoode Hall report card. One of the subjects was "U of T Law." The grade was listed as a "C," which was crudely changed to an "\." That did it.

I walked out of the building briskly wtthout talking to anyone.

In light of my recent experiences, I asked Karen Park, a third-year U of T srudent who has paroc1pated tn several Law Games and mooting events, 1f it was even safe to talk to Osgoode srudcnts. "lndtvtdually, when you talk to people," she advised, "they an· quite nice. 1t's a collccrive group think.

People like ro make fun of mstituoons on an unpcrsonal level. The} don't know rf any of us had fnends who were involved [m the grades scandal]."

It was time for another attempt. I phoned

"We have a cooler, more diverse student body. Your student body is more rarefied, thinks more highly of yourself. We're more inclusive, diverse.... " - Patrick Greco, second-year Osgoode law student

!

Osgoode Hall: it's far away, but they appear to have their own lake . up Patnck Greco, a second-year Osgoode srudent and an assistant cdttor of Obuer Dicta. Was it true, I asked him, that Osgoode students hated us? "You have to look at it from the perspective that most of the people at Osgoode applied to U of T and didn't get m, so there are negative feelings," Greco began. "Deep down, people realize that they're comrades and arc not that much d1ffereot than U of T srudents, who were JUSt luckier in the admissions process. But at the same time there arc surface hostilities, perhaps 1t's h11bris. \X.e have a cooler, more dtverse srodent body. Your stu· dent bod} JS more rarefied, thtnks more highly of yourself We're more mclusive, iliverse.... There is a lot of resentment because we feel we have the same quality of faculty and student body, but by virtue of

bcmg U of T, you guys set the trend and we have to follow, t.e. the J.D. degree, ruition ....

There is a select group of Ivy League srudents at Osgoode. I went to Yale. It's a strange turn-around. We're used to being in schools that people deem so high."

Vince Angelini, a law and MBA srudent at Osgoode, sees only a "small minority" of srudents as resenting U of T. "The requirements to get mto any program are very high.

It's then up to your abilities once you arc in to prove yourself. I've met srudents from U of T and thought the~ were very lugh calibre. \ny one program won't put you above someone else. The Law Society is domg its job so well that any program in Ontario gives you the fundamentals."

Alfred Avancssy is a second-year U of T student who transferred from Osgoode. I

asked him if his perception of U of T srudents has changed smce coming here. "I was expecting much more nght-\\.ingcrs among the srudents. \X:'hile the faculty is much more law and cconom1cs, which ts why I came here, the students aren't. \t Osgoode we always thought the students were like the faculty. There are less marure srudents at U of T, but other than that, the average age here IS higher. Srudy habits are about the same. Osgoodc srudents, because they were a bit younger, seemed to go out more. U of T srudents were supposed to be much more compeotive and I haven't found that ... Law srudents are law students."

I picked up my copy of Obiter D1cta and gave tt a second look. 1 read through "Osgoode ~eeds a Hug: A Call to Arms," an article written by the same Patrick Greco I had talked to earlier on the phone "Upon first traversmg the Osgoode halls on a weekday:• Greco v..;ote, "!>cvctal "'isiton. have commented to me on the palpable sense of anxiety and wgency.... The most common joke about Osgoode classrooms: no windows." AH of us at U ofT can relate to that.

Osgoode Hall: consider yourself hugged.

Lisa Vatch

C(lntrib11ton Omo Akintan, Simren Dtsai, Rrcnda Didyk, Alex Dosrnan, Alexandra Fraser, Jacob Glick, Sally Hemming, l\tichcllc Henry•.Janice, Dav1d Kolinsky, Karen Park, Jan Richlcr. Robin lUx, Stephanie Wakt·field. l!ltra \'ires is an etlitorially and fmancial\y autonom()US newspaper. Ultra Vires is ()pen to contnbuoons wluch rcflt:ct dl\etse points of ,;C'\\; and lts contents do not necessarily reflect the views of the hculty of Law, the !:)rudcnts' Law Society or the editorial board.

The editor~ wdcomc contributions from srudents, faculty and other interested persons, but reserve the right to cilit submis~ions for length and content.

Communicaoons Centre, Falconer Hall 84 Queen's Park Crescent Toronto, Ontario. :M5S 2CS (416) 946-7684 ultra.vircs@uturontu.ca 'W\lr\\·Jaw.uroronto.ca/ultra-..i.res Am-ertising inquiries should lx· sent to the attention of the advertising manager at ultra.vircs@utonmto.ca

•• Ultra Vires is published monthly, and is printed

by Weller Pubhshing in Toronto. Circulation 2,000. 1be next issue will be in Stptember .2002.

Semesters not the solution, say$ Prof. Roach Editors, 1t is regrettable to say the least that for

Letters to the Editor

the third year in a row, we are m the rmdst of a debate about first-year curriculum. The administraoon has apparently asked a committee "to present a blueprint for a semestercd fmt year program." This opoon was carefully considered t:v.-o years ago and unanimously srudent anxiety. It will mcrcase it. The reJected by a comrruttcc made up of proposal to make a srudent's worst two eight expcncnccd first-year teachers and letter grades pass/fat! is laughable. Why three student representatives. The unan- will employers hire students when their tmous preference was for a focus on worst results are Iudden? Lawyers do not have the luxury of saying to clients, baste concepts as opposed to the sam sorry I botched the case, but lets just piing allowed by a semester system.

The discussion paper misrepresents record this one on a pass/ fail basis. the report of that committee (which I Even 1f we could get away with such a chaired) to an extent wluch raises ques- marking scheme, the paper Itself recogtions of whether they have even had the nizes that student.~ cannot anticipate courtesy of reading it. It says that it was which subjects they will excel in or do on the recornrnendacion of the Roach poorly in.

The paper proposes to shrink small Committee that faculty council made Legal Process a semester course. This is groups to first semester. Tlus will diminstmply not true. Our recommendation ish the small group experience in a way was for a full-year course to be taught in that a new course in legal writing and research will not and cannot replace. three to four small secoons. The deci s1on to go to a semester-long course was The answer to legitlmate concerns made last year in a closely divided vote about legal research is to ensure that in faculty counol. HaVUlg taught under small group instructors fulfill their that semester system, I do not view it as responsibilines - not to add a proba success either pedagogically or for the lematic new course. The paper also pro srudenrs who faced a December final poses to abolish bridges, but without any attention to the place of tssues of exam.

A semester system will not reduce legal ethics and professionalism and

problem-solving in the curriculum.

The paper proposes to mcrease public law, but then curiously proposes to downgrade the tlme devoted to cnminal law. Cnminal law is public law. That's why I walk around ""ith a thtck Code rucked under my arm. Crirrunal law involves starutory interpretation. It has also been greatly affected and complicated by the Charter. The Charter course docs not and will not cover the many criminal law aspects of the Charter whtch empincally make up the bulk of Charter litigation. This proposal will make tt imposs1ble for me to teach criminal law from a criminal and legal process perspective. Such an approach requires a year-long course.

For me, tlus 1s a matter of acadcnuc freedom that cuts to the core o f my scholarship.

I remain puzzled and disturbed about why we are under pressure to adopt a semester system .

-Kent Roach Professor, Faculty of Law

Editors, I am wnung with regard to the arocle by Mr. Samer Muscati, wluch derived from Ius mterview with me. This article was published m the Nov. 20, 2001 edition

PLEASE SEE "BIRGENEAU,• P13

LETTERS TO THE EDITOR

Birgeneau offers to buy lunch; Alumnus writes to the dean CONTINUED FROM "SEMESTERS," P12 of Ultra Vires. While I enjoyed Ultra Vires' wttty approach - "U of T prestdent feels h<..-at over cold lunch" - m the intcr<:sts of fairness, I would ask you to publish one clarlficaoon to Mr. Muscati's article. In the section subotled "The Law School Scandal," I made the genenc comment "I cannot think of any conJioons under which it's appropriate for a professor in class to recommend to srudents that they misrepresent thetr grades, whether it's for political purposes or not. I don't bchevc that's \\ithm the range of what we call acadermc freedom." This may have left the impression wtth some of your readers that I was suggesting that Professor Reaume counselled or intended to counsel srudcnts to cheat or otherwise commit an academic offence. Th1s 1s absolutely not the case. It is a fact that none of the law school students who admitted having comnuttcd an academic offence imphcated Professor Ri-aume in the explanation of thetr conduct and the C nivcrsit) of Toronto accepts that Professor Reaume dtd not counsel or mtend to counsel students to cheat or otherwise commit an acadermc offence. I·or anyone to interpret my comment otherwise would be wrong and unfair to Professor Reaume.

Furthermore, I wtsh to rcemphasv.c that I have only the highest regard for Professor Reaume and I view her as an important

member of our facult)·.

I look forward to another mtcrvtcw wtth Ultra Vires, one that I hope will be focused on some of the many positive and exciting imoatives that are takmg place at the University of Toronto. AnJ this time, I'll buy the lunch!

- Robert J. Birgeneau, Prcs1dent, university of Toronto

creating barriers to entry for many studnets who would be unable to attend law school.

It will also result in many other Ontano and Canadian law schools having to raise thetr tUJoon fees to pay teacher salaries wluch are competiove wtth the salaries paid by l of T. I do not behevc for a moment that when all SlX Ontario law schools arc charging $22,000

Opm litter to Dean Ronald Daniels,

This new tuition policy is not in the best interests of the school, its present students and those who might one day be students.

- Robin Spence, Faculty of Law graduate, 1977

I graduated from the University of Toronto Faculty of Law in 1977. Since then I have always followed, ""ith interest, developments affccung the school. Thus it was with considerable regret that I recently read of the school's decision to increase tuition fees over the next five years to $22,000 per year.

1t appears that your stated objective is to make our school a world class law school, competing with the likes of Harvard, etc. \X:'tth the greatest of respect to those who have studicJ this matter and who have come to the conclusion that an tncrease m tuition is necessary and, further, that there is a cause-and-effect relationship between high ruttion fees and so-called "world class" srarus, I disagree - notwithstanding your detailed explanation and rationale contained in your recent mail-out to law school alumni.

In my respcctfuJ opinion this ruition increase will have the effect of raising law professor salaries wlule at the same time

per year for ruition that they will then be conferred automatically \\ith the status of "world-class" la\1. schools.

My perception that barriers to entry will be created IS shared by many others. For example, I note that the African Canailian Legal Cliruc has recently filed a complamt with the Ontario Human Rights Com.rnission whcrcm it IS pointed out that blacks, who arc already woefully under-rep-

resented in the legal profession will be hit much harder by the proposed increase in ruioon. I certainly view tcaclung as a noble professiOn and one that is worthy of reasonable compensation, but to provide salary increases on the backs of those indi-..;duals who can least afford to pay is neither just nor fatr.

Since my call to the Bar in 1979 I have made financial donations every year to U of T law. For two years in the rmd-mnctics I was an instructor in the Trial .\dvocacy course. ~o. my attachment and comnutment to the school has been meaningful to me.

I laving thought about this issue carefully I no longer feel 1 am able to make donation, of any kind, to the school. This is a decision which I have reached after much consideration and it is a decision wluch causes me much sadness.

You may be tnterested to know that over the past several weeks I have iliscusscd this issue with my friends and colleagues who arc also graduates of U of T. ,\lmost \\.;thout exception everyone I ha,·e spoken \\.ith feels as I do, namely, that this new ruicion policy is not in the best interests of the school, its present students and those who might one day be srudents. Perhaps most important of all, it is not in the best interests of the community in which we live.

- Robert J. Spence

OPINION

14

ULTRA VIRES

tnkling~

BY BERNINA BUTT

llt't'<llntmcnt •after gr.1duati.on.

0:'oah humdf is poetry m motion. Some rna} ctke issue with this assarion, g11·w chat 'oah is prone ro shaking a spasmodtc leg.

Against Words

BY NOAH GllTERMAN Last \\c.:c..·k I p1cked up a \Olwne of tht. l lan-.1rd J..a\\ RevtC\\' looking for an article on postmo<.lcrn con<riruocmal thl'or) and jt'w:tsh ):1\\. You might at first thmk that there..·~ not much one could really 53) abom the stmilanllcs between a 15th cen tur~ mc:ssi.mic rabbt and Jurgcn Haberrnas- but you'd be wrong. 1 quickly foWld rJw aroclc I \\ .ts look1ng for. It wns 120 pages long. It had 528 footnote~.

That\ 11 godJamn book, nor an arn de. \ nd C\'Cn if }ou msisted on callmg tt an arucle, it would ~till be .w article that's war: \\~1}' too long. ~o pomt ahout law should take 120 pages anu 528 fi)()tnotcs to make..·.

I,ook. \\(>rds arc important. sure. Bur only some \\ords, and only wht·n used in the nght w~1r Wt• at this school (and at every otht·r Ia\\ school) arc lawyas and legal academics and law srudt•nrs. \\c arc not great \\ntc..:r~. Chance.:" arc we do nor haH' the literary skill and ab1liry to kc~:p anyone engaged for I 20 pages and 528 footnotes.

The problem (although it is not an excuse) is that we arc tramcd ami l'ncourngnl from the start t<> ignore thiS \itnita\t<>n. I nMc:~c..\ of <:lear .mu conusc, But that is exactly the point. lt is all about speed \\ ith that bor Or, jitterbug, more

rl'l'el~ c

and art• encouragl·d to pro duct• obscure and wordy. The worst example of this •ort of training is of course the extended paper. \nd n's not like the papc:rs \\ e \\ ntl' for our other courses arc short. Tlttrt} page~ IS qune long enough to make a number of good, well rescarchnl pomts.

Grotc..·sque and exces~l\e word growth goc:; l>e) ond our .\cadcrmc writing;. For instance.:. ( ltra \'tre~ tells lenen\ntcrs that there IS a 400 word linut. An~.ragc letter submission SlZe, ho\\ eYer, is 1000 words. \X'e tc:ll d1c writers to edit their \\Ork. Th~·r tdl us they c.m't make Jt any shorter. l.istt•n: m!Y pomt about tli!Jihll{~ can be made 111 400 words or il'ss. Take this pin:c:, for example..·. lie). I knO\\ \\t•'rc smart people. And that law is important. ,\nd that \\'C may in fact haw something intt·rcsting to say.

But these facts combined aq,JUe for le~s, not more words. ~~~pt:aally ~hen wc..•'rc talking about somcthmg Gusticc?) that affects a lot of people with a lot lc~s time on their hands (that is, those who don't get pa1d, or take three ~ t"ats off, to rL'ad and write about law).

You have .1 point? <..ircat. Then make tt. But know )OUr hmits - and please ~ CCi) It ""·lP\'Y· \H

aptly.

Being a self-styled poet with persisting

of a ~cienritic education, let me borrow hcanly from, and corrupt, tht• Kinetic :-.lolccular Theory in order rode\ d op m) suggestion. ~oah, being at the heart of the mann, is composed of small panicles. His parnclcs arc in consram motion.

And it can be ~afcly assumed that '\Joah ts not a soltd. \\'t• would all agree.. that hts mmum:nts arc not subtle enough to be charactt:risric of an inert substance. \nd liyuid, he is not. As pre,·iously estah· ltshcd he is far from being a sappy sop.

So, ~as he..· must be..·. Gaseous molecules 'tbrau.: at intense "reeds and move in all uircctions.

This bring:- me to the third proposnion of the Kincuc ,\lolccular Theory: Collision~ between particles arc perfectly clasttc It has been my experience that Noah is hard ro offend. I !c 1s a contradictory blcnu of mcllownt·ss and violence of free-roam ing thought. I !c is hilarity incarnate. He 1s wit and rcpam:c particulate. Despite the flu· idity of bnlliance, there is that Jagged edge.

Bur ultimately, you cannot be tJ.Pjllll.rl '\;oah. You ,,;11 face imperceptible or breezy opposioon. I will not go so far so to say that his arguments hold no water. 1 only intimate that so much is water off ;-.;oah's back.

Or so it ~ecms. h>r when gaseous molecules collide, no deficit of energy is effected.

So in the end, it 1s rc\ calcd that 1\;oah is more than a gas. lie is a breath of frcsl-t air.

Pt·rhaps rhc..·sc..· colliding molecules could kuotk the v.md out of him anti bnng him to his kncl's. Till-y could, in the least, shur him up t(>r some..• rhtrty-odd tninutc~.

,,;n

Lawyers, justices to challenge legal aid cuts using latest Supreme Court jurisprudence

BY SIMON PROULX

It may be a stormy spring for justJcc mirustcrs and \ttorney Generals across the coun cry, as members of the legal profession launch challenges to cuts and inadeyuate funding to provincial legalatd programs.

The Law Society of British Columbia will hold a spectal meeong m \pril to discuss responses to the $34 million (or 40 percent) cur to that province's legal aid funding, and to the consolidations and closures of the 45 legal aid clinics announced recently by Gordon Campbell's Liberals. Its members arc particularly angry that the $90 million tax on legal services introduced in 1992 to fund legal aid (and recently increased to 7.5 percent) is now being diverted to the province's general revenue fund.

For its part, the union B.C. Professional Employees fears that the middle class IS now close to not being able to seck protection from the law. Aboriginal leaders arc particularly worned about the effects of the cuts on the nghts of the proVince's aboriginal population. Civil libertarians arc outraged that as of -\pril, legal aid will no longer be available to complainants at the B.C. Human Rights Commission.

The tension in B.C's legal community is such that the board of the Legal Services Society was fired after It refused to unplc mcnt the government's demands to cut its

budget.

In Ontario, a coalioon of criminal, famiIr and unmigraoon lawyers arc planning a walk out on April 17 to protest the fact that the legal aid fee strucrurc has not been changed m fifteen years. J\s it stands no~~ a criminal lawyer with one to three years of experience receives $67 an hour; one \\ith four to twelve yL"al'S gets S75; and one with more than twelve years boasts $84 (compare such hourly rates with those charged by summer students on Bay Street ... ). Not to be outdone in that respect, ma Scotia pays its criminal legal aid lawyers SSO an hour for most cases or SSS an hour for murder trials.

The Canadian Bar Association 1s also speaktng out. In fact, tt is considering launching cases against pro..incial governments across Canada for restncting legal aid.

The outgoing president of the CB \, Daphne Dumont, questions the equity of spending hundreds of millions of taxpayer dollars on a court system if that system is ro become the exclusive playground of corporate liogators.

Even Supreme Court of Canada justices, normally steenng clear from the political arena, are speaking out against the cuts.

Justice Louise Arbour recently mused about bad precedent that is not appealed to higher courts for lack of funding.

The songtness of legal aid programs in New BrunsWick is what led the court to find

parent with state-funded counsel."

That case is the Canadian Bar ,\ssociation's strongest w<.-apon against legal aid cutbacks. Deference to a provmce's spending prionoes is qwte unlikely in the face of this comment by Justice Lamer: "Where the government fails to discharge its constirutional obligation, a judge ha~ the power to order the government to provide a parent w-ith state-funded counsel under s.

24(1) of the Charter through whatt."\·er means the government wishes, be it through the Attorney General's budget, the consolidated funds of the pro..incc, or the budget of the legal aid system, if one is in place."

The Canadian Judicial Council is also meeong 1n March to address the problem of unrepresented litigants. Chief Justice Allan Wachow1ch of the ,\ !berra Court of Queen's Bench recently complained that this exploding phenomenon is significantly slowing procecdmgs and complicating the work of judges. This adds to similar concerns expressed by some of his colleagues, the interests protected by s. 7 of the such as Richard Scott, Chief Justice of Canadian Charter of Rights and Freedoms Manitoba. Justice James MacPherson, of the arc engaged, it is under an obligaoon to do Ontario Court of Appeal, blames this whatever IS required to ensure that the hear- increase of unrepresented litigants on the ing be f:ur. In some circumstances, depend· 30 percent cut in Ontario's Legal Aid funding on the seriousness of the interests at tng tn the past ten years.

Such spontaneous groundswe\1 by stake, the complexity of the proceedings, and the capacities of the parent, the govern· Canada's bar and bench will certainly be mcnt may be required to provide an indigent interesting to w--atch. a constirutional right to state- funded representation two years ago in Nc\\ Bruns\"ick (Mtnister of Health and Community Servtccs " G. Q.), [1999] 3 S.LR. 46). ( onsider the following statement by former Chief Justice .\ntonio Lamer: "\X'hen government acoon triggers a hL-a.ring in which

The outgoing president of the CBA, Daphne Dumont, questions the equity of spending hundreds of millions of taxpayer dollars on a court system if that system is to become the exclusive playground of corporate litigators.

The coming of Bork Former U.S. judge to visit university

My law school excludes Quebec

BY SIMON PROULX

BY SIMON PROULX hile much has been said about the lack of diverSitY at this law school, one under-represented mmority usually eschews any attention. hancophones in Quebec and elsewhere account for almost a quarter of the Canadian population, yet barely comprise a token 2 percent of srudents and professors at this law school.

Quebec itself does not seem to eXIst here. Neither docs Its legal regime, one that is shared by most of the non English speaking world and Scodand. To be fair, our only Quebec francophone professor, Catherine Valcke, docs a wonderful job at teaching our Onl) civil law course. But such token n:presentations, no matter how great, arc not c..nough.

There arc obvious factors keeping Quebec francophoncs away. One is ruition. ;\ second IS the' fact that Quebeckers can enter law school directly from a grade thirreen cquiva lent.,\ third is this difference in legal systems, preventing U of T grads from practicing in Quebec.

Finally, there 1s the linguistic and culrural barrier. While the lan!:,"llage barrier 1s vastly overstated, ~incc most fran cophoncs speak a better English than the "French" of most Anglo Canadians, culture is more of an issue. I :rancophonc Qut•b~:ckers ha,·e as many (or as few) cultural affinities with the U.S. as w1th I~nghsh ( .anada. 1n fact, they (we) may well be more fam1liar with '.C\\ York and Boston than with Toronto.

The paucity of francophoncs here mar have it~ reasons, but is nonetheless problemaoc. Even those who don't care about din~r It)' per sc ought to rccogmzc that a blatant display of cultural msensirivity is hardly the hallmark of a "world class mstitution". How can V of T cla1m to be a global instiruoon if it cannot even be called a nanonal school? If we cannot surpass the four aforcmenriontd "bar-

W

,

15

Imminent storm brewing over legal aid funding

Against Noah :-.=o.th is a hras. \nJ I run not being derisi\'c here. tic may be..• full of hot air. but that is what mak~:s him special. That is what mak~:s him tlcl\\, l )r uck, I should say. \\'hat else bur an unuersrandmg nf unbounded t·ncrgr could cxcu'c the force that ts :-\oah? \\bat dse bur restkssness could gtH' h1m the shakes he so peN>nifil•s?

I harbour a thcor) about '.oah. I Jcn:lopcd this theory a number of rr mut~:s ago.

People, ho~~wr, ha\c nor yet bent cxpqst.-d to it, and I am not in the l~:asr rducrant ro ui\'Uigc lt. I am not worried about sounding likt• a dork because I am not reading this ro yc>tt. You arl' reading ir. and so tht.· Yoice you will ht'llr 1s yours. So, it make~ you sound kind of like ;1 uork (and yes. dus includes you. oah). But 1 digress, and must proceed. This is a mc..:rc trifle, and the thought will not sweep the nation. I r may blcm· ova, but sweep, it will nor.

The theory? \s stated before. ~oah is a gas.

Yt.·s. true to the sl:tng definjtion he is a delight. Bur he i~ more than that. He IS a literarr uevict.•. He IS a simile, in fact.

Xow, I know ;-.;oah is cringing. Bur he can dc.:ny no longer my b1ds to get ,·ersc and aU things fm·u\ous\y bohemian into Ultra \'uc.:s. To he fair, ~oah 1s not tru\) a\erse to r>octry ano scnnmcnt. He 1s, after a\\, emc..:r\ng a sc\f -proc\a\med "-puhhc mtcrcst"

LEGAL ISSUES

19 MARCH 2002

THE WORLD

ncrs" for one of our own nauonal minorities, how will we ever attract srudcnts from continental Europe, !->outh and Central ,\mcrica, .Asia, and ,\frica, all of which arc 1n similar positions with respect to language, culrure, legal system, tuition and training requirements?

Ba\ Streu firr:ns, ro take an organizational model we follow 111 so many ways, have almost all understood the advantage of exploiting the Canatlian realit) by going national.

They have recognized that many of tht·ir large corporate clients actually conduct wme of their business in <~ucbcc, and since pesky non·common-law issut•s anse from time(() rime, It 1s wise to haYc anl·law practmoners handy. ,\rc we just wairing for Torys' lead?

There arc many things \W could do to rcmcd} the situa tion, mmt of which rcyutrt· opcn-mindcdncss, inui;\U\e and flcx1b1llry. The first would be a more aggrcssl\c.: recruitment and promotional campaign in Quebec, \\1th special attention

paid to h1gh schools and ( I GEPs, where most career choices arc acrually made. Glossy brochures with a semidecent cranslauon would akrt potcnoal candidates of our existence, the quality of our programs, and the posstbility of corrung here for a common law degree later on.

Another solution would be to increase the instirutional interest and course offenngs m civil law. Whtle we may not feel the need (unlike McGill, Ottawa, and the Universite de Montreal) to offer both civil and common law degrees in house, we can at least offer some ktnd of jomt-dcgree program (beyond the "junior-year-abroad" rype) with a school in Quebec. Queen's and Osgoodc have such formal pro grams Wlth Sherbrookc and Montreal, respectively. A sru dent can thus do three years at one mstirution and one year at the other, obtaiiling two degrees. In light of the ruition differential and the apparent destre to keep our degree exclusive and expensive, we could devise a program Wlth Laval whereas srudcnrs would do two years in each instirunon. By the way, Columbia law school has such a program with Pans' Sorbonne Pantheon.

Once agam, L S. schoob abound with models we can easily ape. Columbia has an agr~:emcnt \\ith 28 undergraduate colleges, whereby It snaps up the best students at each school in theu junior year. \\'e could pnhaps do the same mformally with top second year law pupils in Quebec.

Brown's medical school also has an interesting approach. lr accepts a good portion of its :;tudc.:nts Jirc.:ctly from high school, and offers them an mtcgrated B \.:-.fD program JOintly with tts und~rgratluatt.' di,·ision. \\'c could thus admit bright CEGFP students dir~:ctl) but force them ro do a year or two at Trinity or Vic until they arc npc. This would allow us to grab them before they go to i\lcG1II or to rhe joint pro· grams offered by Queen's, Ottawa anu Osgoodt·. Who knows, it may even allow us to attract them before they go to Columbia or Yale.

L !:->. !->uprcmc Court Justice \\ ould-havcRobert H. Bork \\ill be giving a Iccrun: at the Umn:rsity of Toronto on Tuesda). March 26, in response to an invitation by the uni\ en;iry's history department.

Bork 1s mostly infamous because of IllS failed nomination to the hight.'St court b\' Prc~tdcnt Reagan in 1987. The Senate rurncd down the appointment after a rumultuous and htghly poliucized hearing that gave birth to the term ''lmrkmg·• or "to bork", mt.'aning to mount a ferocious partisan opposition.

The contro\'crsy mostly rcvohed around the views Bork had cxprtssed as a Yale professor and as a member of the U.S. Court of Appeal (D.C. Circuit). Such view:,. include an "originalist" interpretative Joetrine of the Constitution, akin to that of b~:cn

Uof T FACULTY OF LAW flltS"'' \'EAk L:LASS 1999 -lOOD

Clarence Thomas, whereby courts arc to attempt ro d1scova the posmon of the wlutc..· male drafters who died 200 rears ago on issues of race, gender cquit}, abortion, intc.:rnet pornography, etc. His doubts on the \-alidity of the separation between church and ~tate also garnered ~ome cnucism from all but the most extreme nght-wing members of th<. L.!:>. political spectrum.

Bork had a disrinJ.,'UishcJ if no less controversial political career as U.S. 1\ttorney General under Pre:;ident :-Jixon. He took offic.:t• at the height of the \\'atcrgatc scandal, after the fmmcr \G anu his next-in-line had preferred to resign instead of firing ,\rchibalu Cox, the special prosecutor who was a$king for the noronous "Nixon rapt.'S".

Bork's first 100\'C

as ~\G

w:ts indeed to fire Cox upon Nixon's ordCJS. The retired jusoce and poster-boy for the right is now an apostle of the law and economics mo\'ement. He UC\'C>ICS much of his time to issues of competition Ia\\:

ULTRA VIRES

16

aura ~R2D~ 0 s c 0 p E s

Aries (21 March - 20 April) . \rians are natural "people pcrsons", m large part because of their fantastic commurucaoon skills and thc1r emotional intelligence. You go w.ith your gut - feeling out the cmooonal mood of an) s1tuanon and relying on instinct to rell you what to do. This is a great skill, s\ric:-, and w:ill get you far in On Campus Interviews. During exam time, howe\·er, these skills arc less useful. Professor Trebilcock's contracts exam is no tlflle to foliO\\ your fcehngs. Don't feel sorry for tht· poor little oat salesman. Sock m the facts! L sc sub-headin~! The common-law has a hard ht-arr, ,\ric,, So must you. '>ummcr prcdtction: Although your great interviewing sktlls got you that killer job, this sadly means that your traditional tan \l.ill suffer greatly. You be tempted to fake bake, or possibl) to use tan-ina·can but I must caution you: Don't do it! You will end up looking orange and all your friends will mock you!

''ill

f

17

Looking forward, facing back: that's all, folks

get

Leo (23 July - 22 August) A born leader, you will eas1ly con vince your friends to give you the summaries they have labored over these past few months. You may even dupe them mto a scheme whereby you each promise to read and summarize 100 out of the 1000 assigned pages - and then you will secretly assign your pages to some other stu dent. How Machiavellian! I could warn you about all the bad karma you arc creating for yourself, give you a lecture on the virtues of clean and honest living, but I know this will only fall on deaf cars. Your ambitious nature will not let you concede power for the flimsy comfort of good morals. Be careful, I .eo. Or, be so diabolical that you nse to such heights so that none may touch you. Say, dtd you put ill your application for governmg council?

Summer prediction: Summer is Leo's chance to shine. You are the golden boy or girl this season and I sec a lot of good times in your immediate furure. Trus may also lead to a lot of hangovers. My advice: drink a full 2 litres o f Gatoradc before going to bed. It does wonders.

DIVERSIONS

19 MARCH 2002

BY DR. W.B. FEUSSY A~tlhropolisl's

Sagittarius (22 November - 21 December) Sagittarius, you're an 1dcahsoc free thmker. ~o what arc you dmng here? I don't usuall} give such drastic advice but the best thmg for you to do 1s really to drop out of law school =ediatcly and go work on that butterfly farm Ill Guatemala your friend told you about. I f you msist on socking it our for rhc rest of the year I suggest you schedule m some time for ionerant wandcnng after exams. \ou need to stretch your wmgs. To make 1t through exams you will need to keep from getting bogged down by surroundillg yourself uith inspirational messages. I like the posters with furry kmcns all snuggled up m krutting baskets. That's reall} what life is all about, isn't ir? Summer prcdtction: On July 22 you will purchase an icc-cream cone at Greg's only to have it tragically fall on the dirty Bloor Street sidewalk. If you bat your eyes and claim to know "Greg" personally, they may replace it for free.

Taurus (21 April - 20 May) Stubborn and bull-headed, determination and staCapricorn mina arc your best characteristics. This is exactly (22 December - 21 January) what you will need to finish your extended paper Capricorns are sticklers for justice and or co stay up all night studying. You're on the right actually enjoy routine and detail. Exams track, Taurus, even though It's not very illtcresong are your time to shine. You have the Vugo (23 August - 22 September) - keep plodding along. Summer prcdtction: Your best summancs of anyone m the law schooL Go for Virgos are naturally good students, due determination and stamina will serve you well this summer it, Capricorn. You just do your thing. But watch out to their methodical and meticulous nature when you spot a hotoe on the patio ill late June. They won't be after school IS over - your need for a set schedule and tendency toward pcrfecoonism (this into you at first but keep at it. Eventually you will wear them may cause you to feel as if you have nothing to do. may also account for their reputation as down to agrcetng to go on a date. 'K'ot so glamorous, but defiTills is not true! Clean out your closet already! It's armoying do-gooders, but who am I to criticize?). You nitely effective. Don't lee them sec how bonng you've become really gross in there. You may also want to reconare on top of your work alread} and will enter into the after being chamcd to your laptop all winter. Steal intcrcsong struct any friendships destroyed by your smug refusal exam penod m your usual state of preparedness. Your ~torics from your friends and re-tell them as tf they were your to share your fantasuc summancs. Summer predicperfectionist side, however, may lead you to overlook own . This wtll woo the hottie into the pa\m of your hand tion: "\v01d any dnnk served in a coconut shell. your own well-being in favour of workmg hard. and h or-cfu\ly your bcd!:()()m, too. Then you can show off Esp.:cially 1f It comes with an umbrella yout !'ttamma ...

Remember to cat well and keep exercising. Or, at least remember to shower your classmates will thank you for Aquarius rt. Don't forget that man docs not live by summaries Gemini (21 May - 21 June) (22 January - 20 February) alone; you need human company. \nd no, watching Larry You arc qu1ck, clever and versaolc · and you know Your ccctnmctocs are charmKing Lvc doesn't count (note: watching Blind tt. Getting by on your wits rna) have been perfect mg and will attract many Date does count.~. Summer Prcdtction: Toward rhe end of for the adventure you had last \l:ar m the friends, but now is the time to August your fortunes will suddenly unprovc this will be .\ma;.-onian rain forest (or was it that time you be serious. You tend to prothe time to enter raffles and buy lottery tickets. Yes, my dear drunkenly got separated from your friends at the crastinate, Aquarius. You even \'irgo, you will roll up the rim. And you will wm! .\1addy?), but will be less effective come exams. waited a full week w pick up this copy of Summancs arc useful. '\;o mancr how clever )OU arc, Ultra V1rcs, saymg. "I'll rt-ad it later." This Libra (23 September - 22 October) you w11l have to han. at k-ast cracked opc.:n your is f:ttal, my Jcar. You must, as the} say, The scales represent your s1gn and so you con,\drnin tt;xr Summer prediction: Your double nature get m gc.:ar and do what you have to Jo. front all matters \\lth a balanced mind and a view makes you tht tankim of your soCial circle:. P.m tankI know for a fact you haven't done any to justice. I low noble. I low admirable. How top, part bikmi, }ou reveal just enough to be.: mtriguTrusts reading all term. Summer predichopeless!) m1sguided. You always try to avoid mg but maintain a semblance of modest) Sta} away tion: Friends w1ll attempt to get secrets conilict Libra, bur you must take sides m life. The from the temptation to go to a bar wcanng the tankout of you. ~rand firm and tell them to law isn't only about justice, It's about advocacy. Forget the ini top and a pair of )Cans - espectally if you arc a boy. srop bcmg so nosey. It's none of their measured approach and JOin the fray.

Make an argument!

Your ovcrcconfident side will convince you that peobusiness how much you prud for your Our exams ask us to pretend to be judges. Cnfortunately, ple will think you arc being casual and cheeky m your prcscripoon sunglasses. this isn't an invitation to doodle on a yellow legal pad, fashion choice. Bur in the end, that outfit won't get &own and think about golf.

Rather, it is a call to action. you any phone numbers. All you will get is confront\nswer that call, I jbra! The phone of JUstice is ringing. ed by your friends on a Maury Po\;ch m ake-over Pisces (Feb. 19 - March 20) Summer prcdicoon: I sec a long weekend up at a friend's cottage. I sec you falling aslctp m a hammock and getting a M} dear P1sces, Cancer (22 June - 22 July) ~ sometimes you . ")_[ sunburn.

But It's not all bad!

Soothing aloe gel will be Can~erians are nervous people, sens1ove and prone to U r'. administered by a dewy eyed potential fling.

Summer love feel like a fish out freakingcout. End-of-term ts the most stressful time of ~ of water and just like John Travolta and Olivta Newton John sigh ... the yt'ar and the most likely to provoke you into a crying quesoon your fit in Lois Chiang's office. Buck-up, my crabby htdc friend. Make it place m the world. While it is Scorpio (23 October 21 November) through exams and then you can have all summer to frt'llk-out over true you are a little odd, there's .\ born survtvor, you will live through the next month. other, less important things like those sandals you bought thinking no reason to JUmp out of the You wtll write those papers. You will ace that exam. You they were on sale but then ~a\\' marked down for 50°1o less the next goldfish bowl and onto the will not cry when your laptop cats your take-home. Make week. urturc your hard shell - be brave, be strong! Summer predic Aoor.

Exams will be fine. True, sure your volaolc and unpredictable side does not rear ns ugly head m tion: T1mc on the beach is what you crave and you w1ll be tempted to it's smk or swim but you'll keep this season of storm and stress. You will feel, dear Scorpio, like lash scuttle off from work to get in a few hours of sun and fun. Be carehead above water and your ing out and songing those who surround you. But you must under· ful --- your boss is watching and will notice the sand stuck in your things will go just swimmingly. stand that It is not they who annoy you. Rather, you are attcmpong to collar after lunch. Tills could mean a serious blow· up in ..\ugust.

You can (insert another nautirebel against the confines of school and to assert your freedom-lov,\void this by applying for exchanges to hot climates.•\pply for a felcal m<;taphor here), my sweet ing nature.

B1dc your tlflle, Scorp1o.

Soon the summer wtll be here lowship to do a study in comparative law between rules of civil proPisces!

Summer prediction: As and you will be free as a bird ... unless you took a firm job in wruch cedure in Ontario, and say, oh, Hawaii or Spatn. Looking forward to usual, you'll be at the cottage, case I sec ulcers, a nervous tick and cold sores in your future. this will help you to stay scnous over the summer. drinkin' like a fish.

Summer prcdtction: Invest in patio lanterns and a barbecue and

rr

.n.

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T'l\

throw a giant party in nud July. Everyone loves a good steak on the barbie. Except vegetarians. So don't invite them.

Those members of the first-year class who had been (foolishly?) attending visiting lectures, doing background readings, and devoting considerable time to clubs and activities have now abruptly curtailed all extra-curricular activities.

Log: LAs/ M(JII/h

\ s ffi}' se\·cn-month immersion 111 Jaw school society draws to a clmc, I confe~s that despite the qu1rks and lJUarks, rhc skcwcd priority structures, and the patent unreason of d1eir leaders, I have become yuitt' fond of the first y<.:1r class. The bonds of amity arc delicate, but may pro,·e strong cnough to sustain these n<.:w· members of the Havcllian community through tht• diffi. cult wct:ks (months, years?) ahead.

Rights \skcd to reflect on the first-yt-ar experience, subjects offered commentary from all regions of the palate: "sweet", "bitter", "hot", "bubbl)." For many, the rites and rit uals of the program ha,·c been pleasurable, parncularly those featuring free food.

Who's smiling now? The heady days of frosh week give way to the heady days of exam crunch-time.

Jfl'rot~s

Others, however, citing the society's strange atmosphere and artificially high s takes, lamented its psychological effects. From an objective standpoint, I do wonder to what degree the process of enculturation m law sch()()l has infiltrated subjects' 1denooes. Do they remember why they agreed to join tlus community? Will they remain true to their complex selves-especially when courted w1th career-fair freebies like juggling balls and wc1ghty keychains?

l11mtlivts \t an imprompru forum at the ' Rowell Room Late '\lite', students opillcd o n firstc

year exams. A student in Professor Trebilcock's contracts class offered h1s analysis: " 100% finals create an incentive to cram, rather than to learn. While the student remains the most efficient risk bearer, in light of the mass1ve information aSS}metrics at play, tlus method of evaluation IS uncon· sc1onablc." A fierce proponent of the 'rights model' countered: "There is a dury to evaluate in a fair manner. There is breach of a reasonable standard of care. The risk is foreseeable-nay, to be expected. The 'butfor' rest is saosfied. It is clear that the school is liable to the students for their injunes; the wrongdoer must make the victims whole again." \ third student looked up from h1s

propcrry text and offered (inexplicably): "It all goes back co Harrison v. Carswell."

Before anyone could pull out the Charter, . \lexandra Dosman concluded, "I simply don't understand the logic. These people are law professors, smart folk-you'd trunk they could agree on a better system." \Vhercupon they all scuttled back to the library to parse the intricacies of 19th centuC} British case law.

attending ,·isiting lectures, doing background readings, and devoting considerable time to clubs and acci,·incs ha,·c no\\' abruptly curtailed all exrra-curncular activities. Those who installed themselves in a library carrel in January, previously dismissed as 'ugh-nerds', have stnce been rehabilitated as 'wow-nerds!' Summanes arc Circulating, study groups are bramstorming, fcng shui experts arc syncrgyzing. "The B curve is my friend," confided one subject, "but don't tell the dean."

Holding

,\ s for me, this intense period of participant-observation has left me exhausted and yearning for the more simple pleasures of anthropological work. Oh for the dusty desert plains of my early career! However, I remain confident that tills venture will prove a worthwhile professional endeavour and E.ffidtncy Indeed, l detect a notably jumpier atmos- result in a significant contribution to the litphere in the hallowed subterranean corri- erature. Having read my preliminary analydors o f Flavelle House. Those members of ses, my thesis superv1sor concurs. She has the fmr-year class who had been (foolishly?) decided to sit the J.S. \T

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DIVERSIONS

18

ULTRA VIRES

Let there be lamb (vindaloo): Toronto's finest buffets

BY IAN RICHLER havc :t bone w pick \\ith the admimstration. I believe the) pulled the old bait-and-s\\itch on the fmt-year class. . Remember the first week of school?

Sumptuous feasts awa1ted us e\·cry single day. ( )nc night we went to the Docks, where Wl' wac allowed repeat \isits to the pasta bar before retiring to the mint-golf course. ~\nother evening there was a barbecue, where the dt'llll himself flipped burgers for each and every student. And that wasn't all.

Every lunch hour heralded a spectacular smorgasbord under a huge carnh·al rent, ft:aturi ng grilled chicken sandv.iches, fancy sabds, brownies, and several varieties of juice - all gratis. Yup, that first week \Vas enough to make those of us who had been apprehensive about coming to law school feel at ease, even a little excited.

And since then, what? There's been the occasional "donut madness", which is fine but perhaps euphemistically labeled. \Xe got some free pi:ua during the acaderruc orientation sessions. Ho hum. _\nd in January there was the recepoon after Chief Justice Mcl..achlin spoke. That spread looked pret I)' good but there were so many people around, by the rime you JOSded your way to the food rrays you were lucky to end up with

I

a couple of pimento olives. All in all, I feel wc'w bc:en let dow·n- nay, hoodwinked. \'fell, 1f the administration won't feed us, we must feed ourselves .•\!though nothing beat~ a free lunch, the next best thing is a cheap lunch. And, as everyone knows, the best kind of cheap lunch is the all·rou-caneat buffet. Luckily, the school is conveniently situated within easy access of many of the finest buffers in town. I consider it my dul)' to let you know where to find them.

Shin tori 15 Charlu St. E. {tml o/ }(mgt) l.J111ch b11jfrl: Mon-Thu 12.00-3.00, 18.99; FriJ'IIn 12.00 3.00, 19.99 \Vhy pay $25 or more at some hoity·-toity all-you-can cat sushi spot when you can sattsf} your raw fish cravings for $8.99 at Shinton? The sushi bar here may lack some of the more exotic varieties, but unless you're a real connoisseur you probably won't mind. Alas, the hot dishes don't measure up to the standards of the sushi. Chicken tcri}~aki is tt.pid after too much time linger ing on the steam table, and vegetable tern pura ts soggy and bland. But tf you stick to what Shintori does best, you'll have no trouble gctong your money's worth.

law Schoo\ \J. LSUC {2000) {Ont. U.F.C.)

Kathmandu Kathmandu Babur 5 f 7 ) ilf{gt' St. (south o/ IFtl/u/ry) 273 Qufm St. ll': (1m/ of Quttn'.r Park) l.Jmch /Ju.ffd: I 1.30-3.00 mry day, 17.99 l..Jmth /11{/ftt: 11..1-5·2.30 tvtl)· d'!J. S9.95 ,\bout a 20-minutc walk from school, this (J'ah-oul: S6.99) venerable Indtan buffet LS always packed Th1s popular "'epalcse/Indian restaurant wnh ,1 mixture of students, businesspeople . serves up tasty treats at bargain-basement and Queen Street scencstcrs. It's no wonder: prices. Recently relocated from just down the dozen or so main dishes, including spicy the block, Kathmandu Kathmandu (for beef curry and healthy-looking daal, arc whatever reason, the stgn just says first rate. I can thmk of no better testament "Kathmandu') has a busding but comfortthan this: One day· I went to Babur with my able atmosphere. The food is fairly typtcal friend B. from Yellowknife, whose appetite of a south Asian buffet, and most of It is renowned and much celebrated through- ranks somewhere between good and very out the Arctic. He ate so much at lunch that good. There are nor many other places m he could not have dinner that night. the city where you can lay down eight bucks and eat so well (and so much).

Wah Sing 47 Balduin St. (em/ of Btt-trky) Mr. Maharaja !..Jm,h bt{/ftl: 11.30-2.00 Mon-Fri, 16.95 7 BaltnriiO St. (south o/ Bloor) Purists will delight in the fact that Wah Sing Lmth b11.ffit: 12.00-3.00 Mon-Fri, 17.99 eschews the type of blatantly non-authentic Tucked behind the Manulife Centre, :Mr. dishes - think onion rings and waffles - that Maharaja has the distinction of being the you'll find at many ostensibly Chinese buf- closest buffet to school. With only about fets. But overall, the fare here is merely half a dozen main dishes, d1ough, the selecmediocre. \Vhat sets Wah Sing apart is Its tion could usc a little work. And what's on ridtculously low pnces. For S6.95, you really offer IS decent but unexceptional. In sum, can't complain. And anyway, there are only a there arc better Indian spots m rown (sec, handful of all-you can-eat Chinese places for example, Babur and Kathmandu \\ithin easy \\:alkmg distance of the law Kathmandu, supra), but who has the energy school. This is as good as it gets. to walk there?

A brief guide to this semester's Coffee House

BY STEPHEN PARKS

BY STEPHEN PARKS The plamtiff mother, \b. School, seeks an ordl't ti>r sole custody. The defendant father, ~fr. U;l'C, seeks joint custod), 'W1th pnrnary residence to be his home on Ba} Street. .\Is. School nllegcs that Mr. u;uc has no rclaoonshtp with the chi! drcn, that he spends aU Ius umc at work. Mr. l....'il C alleges that Ms. School cannot retain a steady mcome and has a history of high-conflict relationships.

I find that neither parent is fit to provide the children \\1th a set forth a complicat nurturing environment. \s a result, I ed shanng arrang~mcnt that '"ill entail constant court battles and loplty confhcts for the children.

The mother shall han· sole custody of the first-) ear children.

The father shall have primary custody of the th1rd-ycar chi! drcn, \liith as bbcral an acce~s arrangement as can be fit into the childrt·n's 14 hour work day. The ~econd-ycar children shall rt•stde \\1th thctr mothl'r. but shall spend the ~ummers \\ tth their father, at camp m the C.S.

,,;u

Ted Tjaden Soblr, telling jokes and making music Ronan Lev) & I·nend ·Guys \\ith gwtars Simone Boxen & Dave Ycncztano Singing and making us err !:'\oah Klar Smgtng and defending the rights of drug-using Olymp1c athletes Ted Tjaden - Drunk, telling jokes and making music Stephen Parks - Exhibitionist and poet Adnan d1 Giovanm (assisted by Dan Murdoch & '\.oah Klar) - Guy with guitar January Cohen & Geoff Chesney - Finally, another female performer J\.lichacl Hong & Jason Murphy Yay, Newfoundland Julian & 2 h1cnds -More guys Wlth guitars Right: Ted Tjad en lays down some ragtime while downing some rum and cokes.

Natasha Calvinho, Catherine Chamberlain, Angela D'Elia, Andrew Gordon, Leena Grover, Amanda H eale, Andreea loan-Baiasu, Jennifer Longhurst, Darren Lund, Alexander Matheson, D avid Moon, Bruce O'Toole, Scot Patriquin, Maurizio R omano, Wendy Saunders, John Sawicki, Karyn Sullivan, R ebecca Wickens, Micah Wood and Anthony Zaidi

j oinblakes. con1 MONTREAL OTTAWA TORONTO CALGARY VANCOUVER LONDON BEIJING

DIVERSIONS

19 MARCH 2002

Factum of love (redux)

LEXBERT

Stanley

Penny

1/istory of Cast I. This 1s Stanley's plea to keep Penny from running off to some silly public-interest artichng posttion, whtch will take her away from the city's heart and his.

I ads 1 Stanley's fears of arnchng arc wholly unJustified. Stanley is very smart, and good at doing cost-curve tangents, and all that other Ia\\ and economics slide-rule stuff.

2. Penny Wlll not be lonely. She wtll still be able to see Smnlcy on weekends, she 1s confident that she can create a new support network, and she will be \liith wonderful like-minded individuals.

3. In reply to paragraph 4: Once a lawyer, alwars a lawyer.

4. Stanley bitched and moaned through law school. He had totally forgotten about the importance of grass, until Penny got him doing gorilla-tree planting in the gardens.

Penny concedes that she will miss climbing up rhe tree where they carved "Penny and Stanley's Living Tree."

5. Of course you like my fnends, Stanley, they arc JUSt like me; earnest, sensitive, smart, female and pretty. Your friends are tough, tough boys.

6. Stanley's mom, referred to u1 Stanley's paragraph 8, is alive and kid.ing Next weekend, she and Penny arc going to the zoo.

7. Penny still loves Stanley.

I a:l.r 2. Stanley needs Penny's warmth to get through his 'articlmg year.

3. Penny will be lonely without Stanler4. !:ltanley feels absolute dread. He has nooced that he is always angry, always reacting Wlth hoscilil)·, and quick to argue.

He 1s afraid of what he is becoming.

5. Stanley rrusses the times when he and Pt.nn} would wander around the park, climbing trees, and playmg \li1th squirrels. lle cannot tmagine how it will feel going to work somewhere without a lawn.

6. He has seen Penny's circle of fncnds, and their vibrancy and sense of social man date. His own orclc IS vibrant, but m a dtfferenr way that he cannot quite articulate, and that does not make him feel as good.

Lau·

., Stanley's support of Penny through her difficulties gives rise to a fiduciary relationship, which requtres her to love him more than the whole world.

8. The fact that Stanley was not as supporovc as he could be docs not give rise to a presumptton against his being more sup· pornvc, 1f he so swears on his mother's grave.

Ordtr Requested 9. Please do not forsake me.

lAw 8. The cthtcal code of a public-interest articling student requires that the interests of the disadvantaged trump those of silly gooses like Stanley.

Order R.tqutsttd 9. Please do not be mad at me. I will nor forsake you, bur so many others need me so greatly.

10. Stop moping, and get naked and back into bed.

What kind of Cosmo Lawyer are you?

A multivariable study in stereotypes

BY STEPHEN PARKS

(1) When you meet a client, you ... a ltsten. b get to busmcss. c what's a cltent?

(2) Your family law exam has a policy qucsnon, you ... a talk about the market failurt.'S that prevent a dimrcc insurance initiative ansmg through pnvatl' enterprise b freeze, reliving all the horrid domestic viokncc cases that you've read. c fix the custody regime.

(3) You're about to be in court, you wear... a the suit you bundled onto your btkc on your w-:~y to the clime. b handcuffs, you wouldn't set foot in a court unless tt was for that Enron stuff. c your judicial robes.

(4) You'rl' about ro get sroppl'd for .1 traffic \iolarion, you... a rt.>fusl' to identify yourself, becau~c hikes arc nor motor vehicles and you can't aiford a ticket. b sidcs\\1pc the cop car, run over an elder!} woman and her grandson, rcn·rse m t•r I he grandson to finish him off, then docket }our

19

six rrunutcs of travel. The opportunity cost is lowest this way. c pay the ncket.

(5) You're about to be celebrated for your latest treatise cncided; a ".\ssortcd Tribunal Tricks That I've Learned the Hard Way But J ust Barely !lave Enough Time to \\nee Down" b "For the Pri\ileged, by the Privileged" c "Charter 2 - \\'ith a \ ·engcancc" a=-0 points, b-=2 points, c= I pomt.

7-10 You're a no-nonsense btg-firm siren.

Philosophers flocking to Bay Street \ccording to a very ~cnior Bar Street partnn, a big TO firm v.11l bl' leading tht· pack in starting up a Hcgd1an Scholarship dt:partment. Although firms have tradttionally out!iourced their philosophy work to profes~ors who do consulttng on the side, client demand for philosophy has soared ;md firm~ want to give the appearance of being full-service.

S.1ys one bit,""ig on the street "we want robe able to tell our clients that they can come ro u.~ for transactional work, lit· igat.ion di~p\ttes, tax, and even for ensurmg that our client is a self-actualized en til)' that has manifested its w1ll to the external sphere. That's wh:tt our clients need, and we're going to deliver."

The departments may start small, but some head honchos sec them getttng much bigger. One lawyer trumpcts: "it may start as a general philosPph) prac rice, but ~oon it v.ill branch off mto imlcpcndent departments: Kantian rt.-alism, Uttlitariamsm, Deconstrucllonism. \nyonc who knows a thing about l•ouctulr will be fending off multiple

offers from crim law fim1s. Tim stuff wiU go <.wcr huge v:ith junes."

Rig league professors arc exctted \ccording to one leading posith ist. "when the bigger salaries came in last year, we got a taste of what wc were truss ing. \X'ithin a week we were all \\'t-a.nng new suits and fancy leather jackets. Bay Street JObs \\ill bump up our salaries bt.g t1rnc, und we'll be able to put our philoso· phy to pr.Ktical usc."

- Dan M11rdcrh

JD/ MBA to Issue IPO The JD/MH \program has incorporated and i~ planning a nine-figure IPO. Says one JD/MBA hotshot, "I think we're a very good investment. \\-l''rt• the pick of the crop." "\\ uh this k.tnd of equil)•, we'll be able to build our own school," said anorher law/business junkie. "We'll never have to associ.1tc with those 'just law' or 'ju~t bus.tncs~· saps again."

The IPO may run into difficulty from law school administrators. "They can't do rhis,'' said one in~tde source. "\ combin<:d progr.1.m cannot splinter off from its two degree programs and create an independent school. They ha>c: no legal authonty."

"The adminbtrat10n is always trying to bring us down:' said an irate JD/.MB \er. "\\'e're big kids nuw. \'\'c can take care of oursc\vc~. and out uwcHots."

Don Murdorb

More Not-So-Real News Dean to Skip Convocation

alumni-gtvmg from other yt-a.rs, the Dean replied, ''I think I've really connected with the Class of 2003. At k-a.st those I didn't suspend."

After skippmg uw Folhes, cornpcttti\'C moor::., and making a perfunctory appearance at Law Ball, Dean Ron )) has contirml'd that his schedule docs not pcnrut attendance at this year's convocation ceremony.

Citing the many students in the Class of 2002 who arc opung for an LLB over a JD, thC' dean said, "Th1s class has pissed t~c off from Day One. This LLB business is JU~t more evidence that they wun't gtvc money to the school as alumni anyway. I ha\'C better ways to ~pend my human capital on a \\''cdncsday nfremoon then hang out \\ith these 11.U losers." \\'hen asked what hope there was for

- Jarob Glid!.

Dean's patriotism leads to war \t the end of the final seconds of play during Canada's Olympic I locke} wm over the United State:>, DRD leapt from his scat on a sofa \\ith the Law Dt>ans of Harvard and Yale, puncht•d his list m the air and }clled "Canada kicks ass! In your face, Harvard!" He was promptly hit in head wlth an empty can of Bud Light, thrown by the Dcnn of Yale. \trphtn Parks

) ou can do whatever you want in ltfc.

4-6 'rot.:.'re a level-headed poltcr-makmg babe. 'rou can do whatevl'r you \\·ant in hfe.

0-3 You're :t sensitive public·intercst waif.

You can do whatever you w·anr in hfl·.

Read it.

Write for it.

uv.

•

ri

The Best ofBoth Worlds ...

Ojfm11g dtt broad ra11gt oftxpt.-nmct ofa largtfirm, with IM hands-on approach ofa snw/1finn.

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DIVERSIONS

20

ULTRA VIRES

Ultra News: Not-So-Real News From Around the Law School monrhs. "Eva since Maria started calling him the 'funny professor' he thinks he's king of the world." ,\pparcntly Drassinower hasn't paid for a coffee smce early October He srmply takes a cup, pours the coffee and tells \1aria to put it on the dean's rab. \X,'hen asked for comment Drassinower explained that possession is nme tenths of the law. "It's my coffee. lt's mine because I have it." ·Jacob Gli ·k

Novelty key chain convinces first-year to pursue corporate law ~1omt.:nt~ after recetvmg a Torys key chain wtth a built-m fla5hlighr at the ~larch 8th Career Day, Beckie (I) announced h<.:r intention ro pursue a carccr on Ba\ Stret·t. "I'd been debating whether ro go back to my old job at thl· U.i':HCR or try something a little difft·rcnr." lkck~t• cxplamed. ":-.:ow my minds made up."

The 'fi>rys key chain was the consensus pick as besr Cart·er Day knick-knack.

Runncr:;·up included the Srikeman Elliott frisbee and the Gowlings coffee mug. By contrast, the Bro~·n Raysman computerscrcen brush left many srudents scratching their ht:ads. J\nd after the evcnr, several homeless men were spotted outside the convention cenrre wearing Ogilvy Renault Tshirts. - Ian Richltr

New wing to hold Drassinower ego The l acult\ of Law announced last week that m September it ~ill break ground on the ne~ \braham Drassinower classroom ~;ng. The nt:w larger classrooms are bcing specially constructed to hold Professor Dra~~inower's leviathan ego.

Sources clu~e to him <;ay that the problem o£ f\tt\ng b\,. ego

\\\tO

tbc \aw ,;cboo\'s

~~\1:>t­

ing physical space has intensified in recent

Professors reclaim the Left

The Rowell room was hoppmg this week on rumours of a possible merger between fi~~a-ycar Sections One and Two. This merger would create the largest classes in the htstor} of the law school. Key Lexbert sourct·s say that Sl·ction On<.', wh1ch has classes in MCR and the Ca~sels classroom, i~ stah>ing a friendly takeover of Section·T,.vo, wh1ch has classes in FLC and BLH. ''It just makes scn~c," sa1d a big rime Section One student. "If you combine the two sections you'll only need one professor for each course. Our student-to-professor ratio will go through the roof!"

"Secnons One and Tv.u reall} complement each other," confirmed a student behind the s~cncs. "Sccnon One ktds arc brainy, while Secnon Two kids drink a lot. Some might annctpate a class culture conflict, but I think thcy11 bnng out the best in each other.'' \nother top student agreed. "A merged first year class will be a real powerhouse The second- and thtrd-year classes are too decentralized," satd this ftrst-ycar whiz kid.

"L'nless there's some rapid consoliJauon to increase class stzcs in second and third year, a hosttle takeo,·cr of the upper yl-ars can't be far behind."- Da11 M11rdoch

continues on page 19

Faculty membcrs upset at themselves for voting for the five-year plan reasserted their left-wing credentials at l•nday's faculty council meeting when the} voted to ban firm recruitment acnVIty in ftrst term of ftrst year. "I think we should keep the bastards out," bellowed a militant professor.

This newfound liberalism comes as a result of a closed door meeting held by professors who voted for the DP and for the tuition increase. "We didn't know what to do," explained a professor who asked nor to be named, "so we sat around, played our Buffy St. Marie LPs and talked about the old days." According to sources, these professors arc planning other declarations of their left-wing status soon, so long as they're not affected personallr. - jucob Glick

More Not-So-Reai :News ·.<);,-:~~·,., ... ..'--"- .....

Page 19!

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