Ultra Vires Vol 6 Issue 5: 2005 February

THE INDEPENDENT STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW

u tra vires VOLUME 6 ISSUE 5

FEBRUARY 8 , 2005

SINCE 1.999

WWW.ULTRAVIRES.CA

Poll results show race divide Students have sharply different perceptions of diversity at the Faculty of law

BY ULTRA VIRES STAFF

largest group of visible minority students, 26.9 per cent, chose to give the school a B. Only 6 per cent of visible minority students gave the school a grade higher than B. compared to 29.8 per cent of white students.

Of the 61 full-time professors at the Ia\\ school, fewer than I 0 per cent are visible minorities and the school "does not have a single black professor.

Results of another question in the survey indicate that a lack of diversity on the faculty might affect how visible minority students perceive their place in the Jaw school. The survey asked respondents whether they agn:ed with the !">tatement that they "fit in" at the school. Fifty-four per cent of non-visible minority students agreed with the statement, compared to 31 per cent of visible minority students. Only 7 per cent of white students strongly disagreed with the statement. while 27 per Meeting a role model in the Rowell Room cent o f visible minority students strongly disagreed.

Women and the Ln\\ members Candice Suter (ll), Saba Zarghami (II ), Polly DondyFaeulty adminislraiOrs were not avail- Knplnn (II) witll fanner Supreme Court Justice I ' llcurcu:o..-Oul>t..' IJt the l :.:funlity nnd able for comment prior to publication the Family conference organized by the Joumal of L <IW and Hqw1/ity the weekend of' deadline.

February 5.

ofT ~tudents are sharply di'iided on the question of whether . the law school is doing a good JOb of promoting racial diversity among the faculty. and that division appears to be based on the race of the respondents.

A recent UV poll asked students to grade the performance of the law school in building a racially diverse body of professors (for full results of the poll. tum to page J0). The poll. which surveyed 275 students and is accurate within 4 percentage points 19 times out of 20. shows that 52 per cent of students would give the school n 8 grade or higher, while 48 per cent feel that the school is doing a less than stellar job, with grades of C+ and lower. Fifteen per cent of students gave the school a tailing grade.

The numbers change considerably when broken dmm according to whether respondents arc 'isible minorities themselves. Not a single visrble minority student gave the school an A grade in response to the question. while 5.6 per cent of white students gave the school an A. Stmilarly, only 9.6 per cent of white students felt that the school deserved a failing grade compared to 31 .3 per cent of visible minority students. More visible minority students failed the school than

BY SARAH MCEACHERN gave them any other grade. The next

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Faculty considering joint program with Sorbonne Plan follows announcement of Osgoode-NYU partnership

UVINDEX • • • • • • • • • •

HIGH SCHOOL OUTREACH P.4 LAW SCHOOL MOVE P.6 SUING THE FACULTY P.S OPINION POLL2005 P.lO ADVICE TO NEWSIES P.12 READING WEEK FUN P.14 SOAPBOX FIGHTS BACK P.17 LEAVING U OFT P.18 1ST YEAR JOBS P.19 PROFS ON SUPERBOWL P.24

The recent announcement of a joint degree partnership between Osgoode and New York University Law School has raised the spectre of whether a similar deal is in the works for U of T. Although the idea has been tossed around, administrators here insist that no such deal is imminent.

Instead, they have their sights set on a city with an equal amount of international renown, and a little more ' je ne sais quoi"; gay Paris.

According to Assistant Dean of Students L01s Chiang, while U ofT has considered a joint degree with an American school in the past, there has been no decision to go forward with the idea, mostly due to the fact that getting U ofT students into the United States has never been a big issue. Chiang says that the only concrete partnership currently being discussed is between U of T

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and the Sorbonnc in Paris. The idea is to create a three-year program, with two years spent at U of T and one year at the Sorbonne. Students would graduate with a JD and a French Master of Laws.

The joint degree deal between Osgoode and NYU was inked January 25 when a memorandum of understanding was signed

by Osgoode Dean Patrick Monahan and NYU Law School Dean Richard Revesz.

While the details of the joint degree have not been finalized, starting in 2006, ten to twenty students will be admitted each year to study for two years at Osgoode, and two years at NYU. At the end of the four years, students 'will receive both an Osgoode LLB and NYU JD. To be eligible, students must meet the acceptance requirements for both Osgoode and NYU and pay the tuition fees of the university at which they are studying.

Joint degrees of this model are not new.

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Windsor · offers a JOmt program with Detroit Mercy and Ottawa has a joint degree with Mrchigan State and American University Law School.

Osgoode Dean Monahan touted the new program, claiming that the bene fit for students who participate in the program is that it "broadens their education, by giving them a deep understanding of a similar but distinct legal system. It will also equip them with a JD from an ABA-approved law school, which may have significant reputational benefits for those holding the degree."

Response from students has been mixed.

"This is a glamorous project, but I'm not sure how beneficial it is to students," said Osgoode student Milton Chan (1). "It's a great thing that we're linking ,up with other schools, but it's unclear what benefit students have in doing this." According to CONTINUED ON P.4

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CHALLENGED?(~)

OSLER. HOSKI ' &

HARcouRT

NEWS

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ULTRA VIRES

The SLS, like the Energizer bunny, keeps going and going•••

BY JAMES MCClARY PRESIDENT, STUDENTS' LAW SOCIETY Only a few months left. For the SLS, February and March are busy times. As we come around thts final turn and start down the homestretch, it is worth thinking about what the SLS has been doing, is doing and will do before this school empties at the end of April.

For SLS Student Caucus, the fall calendar involved the SLS submission to the Rae Review and addressing problems with the administration of financial aid. Bob Rae's report to the Provincial government is due in early February, perhaps before we head otT to reading week. It should be interesting readmg. The recent protests on February 3, 500 students marched through downtown denouncing student debt- arc evidence that student reaction to the report is bound to be dramatic.

Financial aid is, naturally, a perennial concern. The Financial Aid Committee, chatred by Lois Chtang (Assistant Dean, Students), has been reviewmg its procedures this fall and will be making a number of changes in order to avotd the problems experienced this year. The SLS has continued to press for improvements both in how the system is administered and how it is communicated to students. As many of you will remember, Dean Chiang circu\ated an emai\ apologizing for the ?rob\em:. and made a commitment to rem.W:~\n~ \\\e

-,\\ua\\cm.

And not to toot our own hom (which is

a dtrty activity if nothing else), but the SLS has had a few successes this year. We convmced the school to commit to a set date for the availability of marks. There is a new speed bump in the dnveway.

(We've named it the Robm Rix Speed

We organized a town hall... The ten students or so that attended surely found it valuable.

Bump in honour of last year 's president who originally proposed it as a way to slow down the truck drivers who every day strike fear into distracted law students.) Most significantly, at the beginning of the year the Dean tabled, at the request of SLS, a simple description of the school's revenue and expenditures-an event we hope will repeat in September 2005.

The recent announcement by the Dean that the Faculty of Law may move to a new building within a few years struck many students by surprise. The SLS knew that it could function as a key source of information to students and also that it must represent student interests to the Dean. To that end, we organized a town ha\\ to discuss the issue. (The ten students or

~;o

\\\a\ attended surc\y found il valu-

able!) We are also planning another town

hall in late February where the Dean will come and speak about the plan and take questions from students. This is just the beginning, of course, of a process that will contmuc over the next couple of years.

The SLS wtll be there to communicate student mtercsts m the proposal as it proceeds.

The February 8 Faculty Council meeting wtll hear from the ad hoc committee on appeals policy. Over the past few years, many students have complained about the appeals policy, both that it doesn't address issues in a timely fashion and that it is very vague. We will see significant change this year- another example of SLS promoting student issues with Faculty admintstratton.

SLS Student Affairs ensured that there wtll be a yearbook for 2005. While this used to be an annua l e vent, a fundraising scandal sabotaged it in 2002 and 2003.

A big thanks is due to Edito r-in-C hief Angela Chu and her wonderful team of editors, writers and photographers.

What does the future hold in store? Well, there are the big annual events: Law Follies on March 3 and Law Ball on March 12. For those who don' t know, Follies is great fun.

A huge theatrical extravagallLa featuring students and, occasiOnally, professors. It takes a poke at many aspects of Jaw school life and shouldn 't be missed. La" Ba ll, usually held in Hart House, is thts year going to be in the Steam Whistle brewery, a fantasttc location. Although people sometimes think Law Ball is JUSt for the g raduating class, it rea lly isn't. There are always people there from every year. Tickets will be available the week after reading week.

March is also election month. You don 't have to have been elected in first year to be a candidate in second or third year. (I certainly didn't get elected in first year.) If you think the SLS should be doing more for students, run for SLS Student Affa irs

or Student Caucus. Students are welcome to come to SLS meetings to find out if they are mterested in what we do. Just contact myself or James Rickert to find out the dates of upcoming meetings.

One issue that might come up in elections relates to the student fees you pay every year as a member of SLS. Although we haven't decided whether it is a good idea, SLS Student Affairs is considering increasmg annual student fees by $ 10 and eliminating the $50 fee that incoming students pay to attend Orientation. As you will recall, that $50 fee must be paid immedtatcly after paying a $16k tuition btll Simply put, it comes across as a little cheap o n the part of the SLS Nevertheless, we need that contribution to fund Orientation activities. Accordingly, I

NEWS

8 FEBRUARY 2005

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5 years ago in UV US La\\~er Salal"} Hikes Intensify the Pull South "Many leadmg Amenc.an law firms announced dramatic salary increases for junior associates thts month, making the option of practicing in the United States significantly more lucrative for law students at the Univerity of Toronto," UV reported. San Francisco firms increased their fi rst year base salary from $95,000 to $125,000, whi le first year assoc1ates at New York firms saw salaries escalate to more than $ 150,000 (all amounts in US dollars).

Dean Daniels saw the move as a positive development, stating that "it's a great time for students. Never before have there been better paying jobs or such a broad variety of possibilities." However, he did worry that the "widening and unsustainable gap" between ·Canadian and American salaries would make it difficult for Canadian firms to attract students. " If Canad ian firms do not remain competitive, then I worry about retaining our purchase."

UV noted that ··a view held by many (students] ts that if one is going to work hard on Bay Street, then why not work hard on Wall Street with its higher salaries."

classes and for employing an inappropriate method of evaluation."

First year student Rachel Furey urged the committee to increase the diversity of perspectives being taught, stating that "the bridge weeks should be the first step, not the end." However, Professor Denise Reaume "cautioned about the feasibil ity of telling professors what they should be teaching students."

Publicize the Proposal Reacting to the proposal to dramatically increase professor's salaries, the UV editorial board wrote "there is nothing inherently wrong with the proposal. There are adequate grounds for paying professors something a little closer to their market value on Bay Street ... On the other hand, if the university and the faculty enter into an enforceable agreement that increases the university's liabilities significantly, and steep tuition fees arc the necessary result, students will quite reasonably feel they are on the wrong end of a fait accompli. It seems somewhat dtsingcnuous to separate the two issues ... students should at the least be entitled to hear and speak about (the proposal] ... The interests of students in future years are held in trust by those of today."

First year students to represent U ofT at client counselling competition

BY AGAPE LIM :irst-y ear st.udents Alcx1 s Alyea and Tanya G'' en fhompson wtll represent the Ia\\ school at the regional round of the American Bar Association's Client Coun~cll ing Competition. Alyea and Thompson Yo ill compete m Ann Arbor. Michigan on February 19 again t schools from Ontario and the U.S. Borden Ladner Gervais LLP hosted this year's intms~hool compcttt!~n on January 21 , 2005. Eighteen teams ?nnula~ed an mtttal consultation with a cli<.>nt, involvmg tssues 111 sports and entertainment Ia\\ , In addition to the winncrs, the four other teams who made it to the fi nal round ' 'ere Jason Enouy and Graham McNeil, Sarah McEachern and Jared Kelly, Amy Grenon and Anat Gur, and Yva nna Mycyk and Rob Wakulat.

Town Hall Hea rs Division and Reforms on First Year C urriculum Follies Poke Fun at Faculty, St aff, a nd Students "Over thirty concerned students and faculty came out The annual production of the Law Follies ''had a to discuss first year curriculum rcfonns at a 'Town brief but successful two day run at Hart House Hall' meeting," UV reported. "The lively debate Theater ... There was general consensus that the stufocu cd primarily on issues of evaluation and diversity dents and staff put on one heck of a show." Particular in course content." mention was made of Anna-Maria DiStasio's portrayal The bridge week program continued to receive criti- of Ceha Genua as Godfather of the Records Office. cism. Although the bridge week program was seen by Martha Shaffer and Abmham Drassinowcr as two stuthe First Year Curriculum Committee "as an effective dents makmg out in the back of a classroom, and the way to introduce different perspectives on the law, the bickering Weinrib Brothers competing for Jeopardy! program lwasl also criticized for disrupting regular glory.

thought it might make sense to ask for $30 over three years and e liminate the suggestion that Orientation is optional- pragma tically speaking, everyone attends Orientation. If you think this is a good or bad idea, I'd like to hear from you.

Whether or not you have a strong opinion, such a change wo uld have to be approved by students by referendum.

That's all for now. As they say on the highways, keep o n truck in' .

jjAs a student, I prefer when my opinions are ignored."

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Strongly Agree

No you don't. In fact law students to ld us they want to co nt r ibute. So what do we do different ly? We _p ut you~ knowledge to work, often for clients involved in mergers and acqu isit ions, secu rit ies, intell ectual property, mfor mat1on technology, bankruptcy, rea l estate, banking, health law, lit igation and more. Interested? Visit www.casselsbrock.com or contact Deborah Glatter, Director of Student Programs, at 416 860 6606 or dglatter@casselsbrock.com •

cb CASSELS BROCK LAWYERS

Panelis_ts at the JLE "Eq~ality and the _Family" conference from left to right: Prof. N1cholas Bala, Justice Karen We1ler, Justice L'Heureux Dube, and Prof.

Mayr Ebeters.

c 2004 ·2005 Casseb Brock & BlackwellLLP. Cassels Brock and the CB IOQo ar• trade·marks of Cassels Brock & Blackwell LLP

All riQhts reserved

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NEWS

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ULTRA VIRES

Former AG's presentation on Stlaria law prompts debate

BY NICHOLAS DAUBE

arbitration mechanisms to operate according to the tenets of different reliThe debate surrounding religious-based gious faiths? family law arbitration made its way into The question has raised several conFalconer Hall recently. On January 27, cerns. Some worry that arbitration away the lnternattOnal Human Rigths from the public sphere could mean exacProgram's %aria Law Working Group erbating gender inequalities within relaplayed host to Marion Boyd, former tionships or failing to provide individuals Attorney General of Ontario and current with an adequate understanding of their Reviewer of the Arbitration Act. A packed legal rights. Perhaps O\l;ing to negative solarium was the scene for ninety minutes perceptions of how Shari a law has operatof discussion on the issues surrounding ed in other countncs, Boyd discussed recent investigation into how religious- how many were particularly hesitant to based arbitration might alter important allow arbitration that made use of Muslim · aspccb of family law in Ontario. law.

Boyd herself was largely positive on how Sharia law, as well as other religious Ia\\, might be used as part of an arbitration process. In employing the alreadyexisting safeguards of the Canadian legal system, Boyd foresees. a system that could allO\\ people to follow their religious consc1ence, while at the same time preventing the exploitation of more vulnerable members of society. In so doing. the first female Attorney General of Ontario feels that the law will be working to make Ontario's legal framework more inclusive, even if familiar structures Boyd's recent work on behalf of the change somewhat.

Ontario government focussed broadly on The reaction to the presentation was ho\\ arbitration might play a part in the varied. Many in the audience were clear future of family la\v. However, an impor- in their concerns that Boyd's review did tant issue '' ithin this wider investigation not focus enough on protections for was how different re\igious be\iefs might women and children. Others were skeptiaffect any ml)ves towards ~ri.vate arbi.\ra- ca\ of Boyd's assertions that structures t\on mc~:.'\\anbm":>. ~bou\d we a\\ow these \ike Sharia \aw cou\d be accommodated

within a broader liberal democratic legal framework St1ll others tried to draw attention to the importance of efforts like this one in the context of a wider political engagement with the Muslim community.

"The problem is there JUSt aren't cnough Canad1ans or Muslims in the world who have sufficient training in the Shari a," sa1d Nader Hasan (II). "My fear is, knowing the people who are proponcnts of the Shari a court, and bemg well aware of the lack of expertise in this area. that it won't be done right, and that will

Joint Degree

further cxa~crbate neg~t~~.e perceptions of the Mushm commum~y. .

D1rector of the Shana Law _workmg Group I man Abokor (~) •. descnbed her motivatio~s :or organiZing . th~ even~: "Our mot1vat1on was that t~1s IS a rehgious issue that was often d1scussed, but wasn't very well understood. So we asked around for a speaker tha~ the mo.st students wanted to talk to. It s really l~por­ tant for law students to know these Issues because they're going to be the ones to have to represent them."

Conversely, those :.tudents who are un:.ure can study in Canada and. presuming they meet high academic standards, still maintain the option of employment in the USA .

'Tm not sure why anyone would want to do 1!," said U of T professor Arnold Weinrib. "You're much better off doing three years here and one year at an LLM program in the States."

The joint degree program docs have one built-in benefit for people who choose to study law in the U.S. and return to practice in Canada: it will eliminate the need for tho e graduates to meet the standards of the National Committee on Accreditation. Those standards require Canadians who have obtained a JD in the U.S. to take one year of classes or remedial exams before qualifYing to write the Canadian bar exams.

Law students reach out to high

schools

BY ANDREW PIWAR

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"Why I u:cmt to worll for BLG w/l(m I grow up. lly Su::ra llendcrsonn'.All rights res1->rVCd. Copyn'ght 2004."

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GERVAIS

IT BEGINS WITH SERVICE

In an effort to reach out to the community, the law school has partnered with two local high schools to create a law-based curriculum enrichment project for high school students. Students at Harbord Collegiate and Central Technical School, both located slightly west of the Faculty on Harbord Street, wilf have the opportunity to interact with U of T students, and to participate in activ1t1cs des1gncd around a legal theme.

Although still in the planning stages, this project may take the form of a mock trial in the high schools this year.

Both Harbord and Central Tech. are enthusiastic about the partnership. Rick Tarasuk, Principal of Central Tech.• sees th1s as an excellent opportunity to "light a spark" for students who might not otherwise engage in their high school education.

Principal Frances Parkin of Harbord also sees a "huge enrichment opportunity" for all students.

The project has been spearheaded by the Faculty of La\\, Nikki Gershbain. Director of Special Pr~jccts at the Faculty and the coordinator of the outreach project, tmccs the origin of the project to Dean Ron Daniels' sabbatical last year, where he became interested m two law-themed high schools in New York City. These schools mtegmte legal themes into the curriculumby holding mock trials to develop communication skills, studymg DNA analysis for science-to appeal to :.tudents who might not otherwise be interested in h1gh school.

In December, members of the law school

SELMUT

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some students, cost will be the biggest do\\nsidc to the program. Tuition at NYU is currently US$35,710 per year, and costs rise to US$57.000 when recommended living expenses are included.

Paco Paredes, a second year Osgoode student, claims that, "The extra year isn't really a concern, however, havmg to pay two years of NYU tuition would simply be too much for me to handle,'' While high tUttion is an obvious concern, others point to a more problematiC issue: regardless of the cost. there may be no point in a joint degree of this sort at all.

Some U of T students and professors have suru,>ested that this program is beneficial only to a very select group of students. Most students who meet NYU application standards and are certain th:y want to work in the United States w11l attend NYU for their entire degree.

8 FEBRUARY 2005

administration and educators from Harbord and Central Tech. visited New York to see these theme schools in action.

Since the New York visits, the adrninistrattons at the Law School and at the Toronto high schools have been working together to develop a framework for the Toronto project. According to Gershbain, "we are not looking to emulate what they arc doing in New York ... we are hoping to take the best of those models and make them even better here."

In January, several law students were invited to a meeting with high school administrators to discuss how law students can become involved with high school students. Caroline Meyer (II) sees the project as "a worth\\htle way to get U ofT Law students interested in the ~:,rrcater communi!) and tum theory into action", and hopes that the prospect for long-term interactions between law students and high ~chool students \\ill "let students guide the relationship!> they build with law studenh." Kim Ha\'iv {I) notes that "many Ia\\ student~ ~ave worked with these ages in the past" and that \\ itti :;ufficient interest, the project could tum into "something like DLS. Pro Bono, and the IHRP programs that arc well established with lots of students involved."

Although the project is still in its planning phase, both high schools and the Faculty hope to take some tangible steps before the end of the year. Anyone interested in participating in the project. or in helping to shape its outline. should contact l':ikki Gershbain, at nikki.gershbainllt utoronto.ca.

HELMUT is in -Bermuda on stress leave and will return next issue.

Dear SELMUT, I recently ran for a poslfion on the board of directors of a law school student organization and I lost. I know that I ran a good campaign and gave a good .speech. I really thought I was going to win but that was before I reali=ed that that law school elections are just a popularity contest Why 1s the svstem always against me?

Yours lrzlfy, Rejected and unelected Dear Rejected, Of course law school elections are a popularity contest, but we want to reassure you that popularity isn't everything. It's just a measure of how much people like you.

Apparently. people don't like you very much. You would do well to direct your future efforts at getting involved towards less popular law school organizations where your presence will be valued-or at least tolerated. For example, try gomg out for the Republican Law Students Association, the Dean Daniels Boosters, or Ultra Vires. l know you feel that the sys-

tern is against you but, if it was. then the "system" would include law school entrance interviews and you might not be here at all. What you need to do, and as many a lawyer before you has done, is to make the system work for you by taking all of that bitterness and rage and channeling it into a successful career on Bay Street.

Dear SELMUT, I'm a second year student and. overall, I 'm Jw~·ing a good time at law school. I'm inrolved in a lot ofgroups and f'w! met all sorts of real~v nice people. I feel like my life would be perfect, except for just one thmg: llil·e at home in the suburbs. I have to commute an hour each wa} erery day, I don ~ get to go out at the spur of the moment with my law school friend~. and I have to catch the last GO train or I'll never even get home. I fee/like while all of my friends are having fun, I'm stuck in the middle of nowhere.

Sincerely, Missing out in Mississauga DearMoiM, So, you probably live in a big beautiful house with parents who love you and take care of you. On Thursdays, your mom makes you your favourite dish. braised rosemary rack oflamb with those little hat thingics so your precious fingers don't get dirty when you eat. On weekends. you p1ck up the phone and cal\ one of the dozens of fun and diverse friends you've

made over your life in Toronto and go out with dozens of their fun and diverse friends to have the best times ever known to manktnd. And the pnce tag for all of this? An hour train ride that delivers you slush-free at the steps of the Law Faculty and savings of thousands upon thousands of dollars in saved rent.

We sleep on a yellowed futon in a skecvy highrise on the wrong s1de of Jarvis. If we're so incltned to cook, we're limited by our sk1lls to breakfast-fordinner or, on special occasions, our special Pilsbury pigs in a blanket with mustard and ketchup dipping sauces. After trudging through downtown to get to class, we scrape our boots on the curb to remove the condoms and syringes that have accumulated there. We can't remember a Saturday night with our law friends that didn't end up in a heated debate about the scope and applications of Charter rights. We refer to our only non-law friend as "our non-law friend", but she's really just our 43 yearold neighbour who's nice enough to bring over our misdelivered mail.

You've got it good. Get back to us when you've got something serious to worry about, \ike ~curvy.

Dear SELMUT,

Uggs Yours tmly, Ugh. Dear Ugh. We know.

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ULTRA VIRES

LEGAL ISSUES

Town hall meeting on new building plan poorly attended BYLESLIE CHURCH

A mere nine students participated in the lunchtime Town Hall organized by the' SLS in response to Faculty plans to relocate the law school.

The January 26 session, hosted by SLS Pre~1dcnt James McClary (III), was mtcndcd a~ a preliminary opportunity to gather student feedback on the Dean's propo~al to construct a new building at the comer of Bloor and Devonshire across from Varsity Stadium.

"This is the tirst step in a process of communicating with students the information \\e find out and taking the feedback from students back to the Dean," McClary said.

While most students agreed that more information was needed before they were willing to consider supporting the proposal, several used the session to raise immediate concerns regarding the design of the building, the long-term goals of the about new ways of connecting with one Faculty, and the opportunities for student another and cxpandmg their reach."

Se\eral students also lamented the input into the planning process.

The most common problems cited as potcnt1al loss of the historic character of priorities for a ne\.,.. building were the lack the current buildings. A comparison to the of club space. the shortage of offices for "architectural box better known as new professors, and the need for class- Rotman" was met with gasps of apparent room renovations. Ben Arkin (III) pressed horror and repeated calls to ensure that the the importance of shaping a building that stately elegance of the Flavelle fa~ade or would meet students' needs both in and dining room will be preserved.

The proposed move could more than out of the c\assroom. "Architecture rea\\y defmes \ne use of the space," Arkin said. doub\e the physical size of the Faculty, "\,·i\.., \.., an O"Q"QOrtun\ty \:or studen\s increasing the \30,000 square feet of cur'"""'"oe~ '" -a.\\ \'j\)1!.":> o\ c\"\l'tls \o \'n\n¥.. rent space to approximately 300,000

square feet and leading to speculation that an increase in student enrolment would soon follow. Mueed Peerbhoy (I) asked whether the number of students at the law school was expected to rise. McClary noted that the administration's current position is that an increase is not in the works, but added that, "the fact that they arc tentatively proposing to build 50 per cent more space than we need-an extra 100,000 square feet-undoubtedly raises the possibility."

Still, the question for many students is whether these issues can be addressed with modifications to the existing space.

"It ·s easy to seJ/ the idea of a new buJlding rather than deal with smalJer problems like beating or washrooms, but the question is whether the space constraints are real," said first-year SLS rep Saad Ahmad.

According to McClary, several options were considered alongside the current proposal, but were ultimately rejected for reasons of cost and regulatory compliance. Among the rejected options were plans to demolish parts of the existing facilities, acquire new space from the ROM, or build several new stories above the law library. McClary encouraged the administration to provide further explanation of the reasons behind the current proposal.

• "This may be the culmination of years

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Lang Michener LLP Lawyers- Patent &. Trade Mark Agents

of" ork for the Dean, but it·~ not for student und he needs to sell th1s to the student body," said McClary.

The sudden announcement of the plan

by Dean Daniel~ may make it more difficult to sell the proposal to some students \\hO remain concerned that the decisiOn to construct a new building has effectively been made.

"It feels futile to debate the merits of the 111o, c. It's one thing to give the Dean a shopping list of things to include in the new building, but it's another to oppose it completely," said Andrew Winton (II).

Some students don't see this plan as a 'done deal' yet.

"Nothing is tinalized and things can still change,'' said Howard Tam, VicePresident University Affairs of the Students' Administrative Council. "The university is still looking at options for that s1te, with both a student centre and the law faculty listed in Governing Council's capital plans as potential occupiers of the space."

SAC has been searching for a site for a new student centre for the past 40 years, and had its heart set on the Devonsh1re Street lot, one of the last remaining open sites on the St. George campus.

"We still hope to put a student centre on that s1te, and we're waiting to see if [the Faculty of] Law decides against the move or is unable to raise the needed funds,'' Tam said. Pointing out the proximity of the proposed site to the athletic centre, several colleges, and the new stadium under construction, Tam suggested that it was a logical place to house the wide range of student services and programs at the heart of the undergraduate community.

"As a professional faculty," he asked, "would you really want a football game in , your front yard?"

The SLS is optimistic that input from students can still shape the many decisions that have to be made. In addition to the continuing dialogue between the Faculty and the SLS, Governing Council regulations requ1re that a Project Committee be struck to oversee the early stages of development. That committee must include members of the admimstration, staff, faculty and students. The SLS is seeking broader student consultation before developing their own official position in regards to any new building.

8 FEBRUARY2005

LEGAL ISSUES

Tsunami inspires discussion abo~t sustainibility Wave of destruction followed by waves of support

taken to the Canad1an Red Cross on ments they made in the immediate afterthe beginning. The situation in these January 11, the last day of the Federal _math. United Nations entities may lament countries is sensitive and demands cregovernment's matching program. the lack of long-term involvement by ativity and commitment to solutiOns that The horror of the wave was detailed Western governments. The people who stretch into society building, rule of law first hand for students and faculty by lost their children, their teachers, livelistructuring and political stabilizing. A s Professor Rudhramoorthy Cheran who hoods and homes do not have the luxury . Dr. Cheran explained: spoke to students in the Rowell Room on of letting the tsunami fade into distant 1J1e unprecedented catastrophe has the day after the close of the fundra1sing memories and cannot hold out for the day pm:ed the way for an equal~v unprecedentdrive. Dr. Cheran is a professor of sociol- when foreign dollars can rebuild a family ed mternational rt!liefeffort in the tsunami ogy at York University and affiliated with fishing boat. Dr. Cheran shared a few of a.ffected countries. Howel'el; there are two

BY CAROLINE WAWZONEK York's Centre for Refugee Studies. On his now unforgettable memories: c:~uci~1l issues that most of the relief orgaDecember 26, 2004, Dr. Cheran was in a Vow, after II days of recurring nightJust over one month ago, a severe earth- small fishing village on the southern mares with sounds of broken glass and m:atlons have not adcquateh• addressed quake off the coast of Indonesia set off a coast of Sri Lanka, walking on the beach pounding waves, what I do not remember The fint one is that the most ~fleeted areas deadly tsunami that touched families with his sister, brother in Ia""' and their was how I surrived. But what I do rem em- in Indonesia and Sri Lanka are the sites of ethnic conflict. across the world. The official death toll two children. ... The second aspect is the lack of contmues to rise while the images of devWhen we started walking on the beach gender sensitivity in the relief effort.\ to astation from affected areas become less trying to locate a fey.• deck chairs. I date.

Women groups in Sri Lanka are and less fresh in our minds. Canadian stu- noticed something strange We were not alreac~v voicing their concerns-highdents returning to classes in January have that close to the sea but I saw the water lighting incidents of rape and .\e:cual built up class routines while students in rushing towards us with ferocious speed harassment in the refugee camps. The disaster stricken regions began to rebuild My intellect did not light up but my specific need~ of women, pregnant and their schools. instincts did We ran and the sea chased lactating mothers and children are not Students at the Jaw school had the vic- us. I have never run that fast in my entire being addreued. tims of the tsunami in their mmds as they life even when chased by gun-toting Sri Canadians have shown unparalleled returned to classes in the first week of Lankan soldiers in the mid 1980s. and immediate generosity in response to January. A fundraising drive was under ... What followed in the aftermath were the tsunami disaster. Creative donations way on the third day of classes thanks to moments of silence. I had no idea what her is the color of the wave. It was not in kind arc now urgently needed for new the cooperative efforts of numerous stu- happened. All I could sense was that this blue. . ..1 no longer have the same relaeducational, economic and social infradent groups. SLS, SALSA and MAPIL was not ordinary. This body of water is tionship with the sea. It has been permastructures. Sure\y we can remain equa\\y members came out in force to man the not the one I came to know, love and nently altered. perennially shifted und gcncrou!\ with our inspiration. idea~. table and a Faculty-lead initiative made 1t cherish. perilously wounded. soc\a\ awareness and \on\),-term cm~a\'n)'. possible to host a wrap-up speaker at the The tsunami and its hundreds of thouA!\ the rc\ief effort!\ s'nift from cmcr- Dr. C.'nCTllt\ c\u'!.cd n\<;. rcma.tY..s. w\\\ \ne end of the week long drive. It was the stu- sands of '-'ictims around the "'or\d wi\\ ~cney rc pon!.c \o \on& \enn n:'tlu\\dm&. \"o\\ow\"n~ h"\'e· Thi~ could well bt.• tlu• ntontent th dent body as a whole that m1H.Ic the f<Hk into \he distant mctnnr\es uf mos\. w\m\. \1\\\lt\\wes tn\'t;h\ \he \uv.r sc\\<:>o\ u• fundraising effort a true success. In only Canadians. Non-governmental organiza- Ia\\ students become invoh cd "ith in moment lo bwy all our cotiflicl\ tmdjoin r~sponsc to the /ongf.!.r tc:r,u1 c:nL;~ l!i ()/the hand• fi.u /h .-K""c '"'""'•"''KJb/w <TA •• Ay.r.~W'W' tion~ will continuo: 10 prcssur<' go•cnJlive days, members of the Faculty of La\~ tsutwrnr tnzg.:Jy? I.Ji.~.z.~tcr n..·Ju:r rs only and a gn ~wer world donated over $2700. The money "as mcnts to live up 10 the financwl cmnnut-

This could well be the moment-the moment to bury all our conflicts and join hands for peace, sustainable development and a greener world.

Amicus Curiae

Word limn is 850 words, THE !\eXT DEADLI~h IS MARCH 16.

Toronto BC!l Place 181 Bay Street, Suire 2500 P.O. Box 747 Toronto ON M5J 2TI

Allention: Scott Whillry Dirt'ctor of Professional Dcvetopmrnt ll-1: 416-360·8600 Fax: 416-365- 1719

We arc open to contributions reflecting diverse points of view, e\cn creaming brats who don't like getting C+-'s. Seriou ty folks.

For questions email ultra.vircs({z utoronto.ca

Ultra l'in•s reserves the nght to edit submissions fior leng th an d content

s

Tamm)' Ta)·lor Administrative Assistant Facilities and Services Coordinator UV: \\'hat do you do a~ part of your Job? . .

TI: 1 basically do a bit of C\ crything. 1 do some ~d~m ~.. ork w1t~ Kathy :am, and I'm in charge of the \\ac;hrooms and the other fac1ht1cs m the bUildmg~. 1also 0\ersce the cash register at the library.

UV: What's a typical day like? . . . lT: Every day I do walk-throughs for the classrooms, to check the hghtmg and see 1f there's enough chalk and erasers.

UV: What do you like best about your job?

TT: 1 get the opportunity to walk a~ound, so 1 meet some. of ~he faculty and the students. They're friendly. I sec them m.thc hall a~~ ~hey say h1.

UV: So arc there a lot of problems With the facll1t1es? . . .

Tf: Well as you may have heard, we had a big problem w1th tmssmg \\heel.s from the chairs in Flavellc. Last term it \\as FLB and I had to o:dc~ w~cels practically every \\cck. It's not too bad this term, hut now it's the cha1rs m fLA.

Don't just bottle it all up I Submit to Ultra Vires

7

You may not know her by face, but her na1~e proba.bly sounds familia:. In va:.ious locations around the law school, there arc s1gns tcllmg you to call her 1f then: sa roblem of some sort, whether it's no more toilet paper or a lack of hand soap. Meet ~am my fay lor, the school's Facilities and Services Coordinator. She's tl~c one \\ ho makes sure our professors have chalk, our washrooms have paper to\\els, and ... our chairs have wheels'? Amicr1,· curiae sits down to talk to Tammy and muse about the mysterious case of the missing FLA chair wheels.

UV: Isn't it bizarre? .

TI: Yeah, I don't know why! I don't kno\\ \\hat people \\Ould want With the wheels.

Before it \\ ru. the chalk and the erasers, but I got the caretaker~ to take care of that, they check them every night. And the \\heels arc expcnsi\ e-$30. for a box of 5.

UV: Speakmg of cha 1rs, any \\ord on when we can get better cha1rs for the Moot . , .

Court Room'? The ones "c have are complete crap.

Tf: 1 don't know about that. There was a concem that whe~lcha1rs cant get m there, students raised that issue a while ago. But if there\ somethmg that should be fixed, those chairs should be next. We should get something more comfortable.

• t:" ' t?

UV: ·what about Falconer? Any suggestiOns tor unprovemen . lT: 1 definitely think the buildmg needs modcmiting! It's so unevenly heated. We even have big leaks in the basement, we don't know ""'here the water comes r:.~m!

You come to work in the morning and there's a big puddle on the floor. Abo 1t:. not wheelchair accessible.

UV: So, any hobbies? .

TT: Well, I got a Playstation and Streetfightcr Anniversary. It's got ~\\O vers1ons of Strectfighter, the old one and the new one. So I'm hooked on that nght now.

-Adrian Liu

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ULTRA VIRES

LEGAL ISSUES

9

8 FEBRUARY 2005

Abrief history of lawsuits involving the U ofT Faculty of Law In convenient law school summary format! sidcration, had average 80.7% GPA, 163 LSAT. Mature students who fall below cuted to comptle a IHt of the more recent ofl'74% GPA. 154 LSAT arc prcsumptiH!· court caser nammg the U ofT Faculty ly rejected. P, African-Canadian, applied in ofLaw a11d its administrators. All the mature student category with 71.7% G PA. facts coma/ned in the,·e smn11wries 144 LSAT. Presumptively rejected. are taken from public cuurt docuApplication reviewed

by Director of ment~.

Admissions and Chair of Admissions Committee but decided personal circumSYUVSTAFf stances, work, extra-curricular activities did not justifY admission. P filed complaint OHRC, led evidence that mmority with Fonner student alleged infliction applicants perform more poorly on LSAT of mental suffering than white applicants and that LSAT score Kobilli.~ l\ Plti/lips, (20041 O.J. No. 2666 not rationally connected to future success in (Sup. Ct. J.) Motion by defendants' for law school or as lawyer. UT responded. summary judgment.

OHRC Staff prepared Case Analysis for use Facts: K enrolled in UT Law I 993. In by Commissioner hearing complaint, which March 1996, two letters addressed to CSIS stated: (I) evidence shows minorities perpurportedly written and signed by K come form less well on LSAT; (2) law schools to attention of Associate Dean P. Originals directed to use LSAT cautiously but evilocatcd in tile cabinet at Advocates for dcncc docs not show UT does so; (3) UT Injured Workers where K worked. Letters has implemented measures to increase arc articulate and grammatically correct but number of minority students, but query Jack logical cohesion-contain references whether this offsets LSAT; (4) insufficient to Roberto Alomar. K 's winter jacket. data means precise impact on black stumotorcycle gang. plane crash, Virgin Mary, dents . not established; (5) law schools Toot ie. Susan Nelles, Ku Klux Klan, and should conduct studies of effectiveness of "a German rock group called the admissions policies: (6) evidence docs not Scorpions''. Letters contain ..undercurrent s-ugg..:st LSAT was decisive in refusal as of violence". P worried, consults A:>sistant GPA was lower than required. OHRC disDean Cro\\, ~no consu\\-, docton;. Before P closed Case Analysb to P. UT and im ited \a'v.e<:. act,on V... am'\1\."il a\ o~ke for meeting, ~ubmis~ions. UT's submissions asserted '-'olo"i"' Vl\\\\O.mw\n~ ~t<:~m 1:-c\\t)<:~\. \~ \\au com'{'\iancc w\\h cautious use of LS/\T and ""'a\ac:.~ 'ln\\\lm\ 1:.\\!,U\ ~a\\~ Qn O.co;.~ O.uri.ng uwet'i>\\y·\:ocus o\' admissions and recruit-

/11 a trrbute to litigiuusnc:,s. UV decid-

,;.~;:;;~ A,:t." <"J:'"-:-;-. I 996 ~ ''·"~;" to rc-c.mtc:r rnent. P s suhmis>ions rcit<.'mled cl·idencc' ' < OllulllcJII lor K. ~ rc·cnt~" · 1•ll·L•/ II~•!' ()f /oc• f'• . . · .. . . ,._,' " r<:l/CWCd SUbllliS.\iOII\, CI\!S I .ro~n p.\y~:htatr~;,t. n!Jo after readmg clcclincd to change.• Case Analysis, reterrcd • cttcr and cxammmg K states Kable Case Analysis and subm 1sswns to to comp1etc program K 'd · ti fi "I d . pr0\'1 es 1ctter Commissioners. Commissioners decided e:m rum y octor June 1997. allowed re- not to refer complaint to .Board of In ui

who signed dedsion not to refer P's com· plaint to Board of lnqutry, was Respondent in another matter brought by P, but this cannot mean he was biased against P. He was named in the other proceeding in an institutional capacity, not a personal one, and in fact was unaware of it.

Dean found patently unreasonable Sltank l '. Daniels (2002), 57 O.R. (3d) 559 (Sup. Ct. J .)

Application for judicial review of suspension decision.

Facts: S, first year student, applied for firm jobs, reported first-term marks as Bt , B, C+, C+, C+, C+. C+. Carne to D's attention that this was misrepresentation of actual marks which included 2 C's D wrote S letter stating reasonable grounds to believe violation of Code of Behaviour. S replied with apologetic letter. Per Code procedures, D arranged meeting between S and Prof.

Chapman. who concluded this was academic offence and referred matter back to D D wrote S a letter, stating 3 options: (I) if S admits offence, D authorized to punish; (2) if S docs not admit, D authorized to request charge laid and refer to tribunal for adjudication; (3) ifD determines no offence. matter ends. Arranged meeting at which S explained had inserted column of + signs after all marks, intending to erase those that did not app\y, but did so only lor the B, not

the C's. Blamed haste. fatigue. D reminded S that mens rea for this academtc ofl'encc includes "ought to have known" S admitted she ought to have known, but maintained did not intend to cheat, explained that she double-checked but did not catch discrepancy. D satd did not believe story of mistake, and S's adm1ssion gave him jurisdiction to impose sanction. Result: oneyear suspension.

Issue I: What is the standard of re\'iew of D's decision?

Decision: Correctness.

Reason: D only had jurisdiction to impose sanction tf S admitted guilt. In determining question of whether S admitted guilt, was dealing with question of his own jurisdiction, so strict standard of review.

Issue 2: Was D's decision correct?

Decision: No. Reason: S did not admit guilt. Even though admitted she "ought to have ·known" better, did not mean it in legal sense (whtch was not explained to her) so it does not constitute admission. Other statements given by S to D. such as that she checked her work after typing it, asserted lack of negligence, negating admissiOn of guilt even on "ought to have known" standard. D had no jurisdiction to disbclie\e S, and could only act on her admissiOn or else refer to tribunal for adjudication. By understanding eiTecti\e denial of mens rea as admission, D v.as incorrect and in fact patently unreasonable.

fcl/t'f

199~, co~lplete::.

.coursework December bar,'~; Kuat~s WJth B average, called to ~ . · a .ege. conduct by P and Croll constttutc neghgc t · · . . . of mental fli . n or m~entiOnal mfltct~on and Gov~~n enng. ~lat~ ~ean ~amels Issue· D'd ~~ounctl Vtcanously hable.

1 • •• reach duty of care to K'?

Dl-ctston: No. Reason: fact that p • •u . sion of stolen ,1rg ably m possesAll property (letters) not enough. ~gattOn that P's eight ball contained listenmg dc~ice not backed bv .d D'.

J evt encc ttto allegation that eight ball d k . d·. , . on es m tcated P s mtcntion to "blackball" K F rth P's duty of care to K balanc~d u e~orc, of care to general ::.tudcnt bod ~~ p s d~: "safi~ t . y o prO\ t c .c. cons ructtvc and orderly learning ~nm~nmcnt". P arg~ably did not go far enough towards meetmg latter duty, impos·· ing d 1 1 · and ~~ u yll en.~cnt condttton for. re:ntry b . en ~ ov. mg re-entry dcsptte tt not cmg. stnctly met. Furthermore, even assum~ng breach of duty of care by p to K, no e\>tdence of link between breach and damages.

U ofT admissions standards flawed Pieters v. lmh•ersity of Toronto, (2003) O.J. No. 1316 (Div. Ct.) Application for JUdicial review ofOHRC decision to dismiss complaint.

Facts: In 1998, incoming UT Law clas had average R4.7% GPA, 165 LSAT. Mature students, v. ho rccci ve special con-

because (I) evidence insufficient to ~o~ unequal treatment due to race: (2) evidence in~ufficient to show I SAT adversely afficcts . .

• mmorilles; (3) evidence showed rejection due to GPA in addition to LSAT. p sought s.37 reconsideration, but decision unchanged · . l~sue 1: Dtd OHRC misapprehend, fail to gtvc effect to, or ignore evidence?

Decision· No , .. · · . Reason. ~mplc matenal from both partics was b ·I C . . ·. . · e ore ommtsston. Entitled to we 1gh 1t · . . ls~u~ 2: ~td OllRC err in law by finding dtscnmmatton yet characterizing it as irrclevant because P would have been rejected anyway due to GPA'> Decision: No~ · Reason· This would h . b • · a\c ecn error of law had discrimination actually been found even to be partial cause, but here clear that insufficient evidence to find d'. · · · at all. tscnmmatton

Issue 3: Procedurally fai r?

Decision: Ye:s.

Reason: Letter toP !Torn OHRC counsel indicating that oral presentation of Commission StaiT to Commissioners was limited to Case Analysis and did not include parties' submissions docs not imply that submissions were not considered.

Record indicates they were. ls\ue 4: Reasonable apprehension of bias?

Decision: No. Rea~on: ChicfComnu ionerofOHRC,

BY DANIELLE MARKS

For many students, the past few weeks have been defined by the self-reflectiOn occasioned by the preparation of resumes and cover letters. This process may have led you to consider the following: how to find law-related positions for the coming summer; how to figure out which legal issues interest you; or how to fill in the gaps on your resume. While it is not often considered as a volunteer opportunity, the Pro Bono Students Canada Family Law Project may be the

get hands-on experience right away. As a summer student, I helped with discoveries and assisted on a two-week trial. '

'

Kateri-Anne Grenier kgrenier@ogilvyrenault.com

OGILVY RENAULT

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OJIII~ult.com

-·CM>oc -.,_'-"1

The rcsponsibiltties of project volunteers include providing unrepresented persons with information about the court process and dcmystitying the complicated, encoded forms that clients would otherwise confront without counsel.

"You rea lly get to see people from all walks of li fc and in all sorts of situations," said A.K. Dionne, a student involved with the program. "The relief on people's faces when they find out someone is there to listen and help is really obvious. It is rewarding to be able to use what I am learning for the benefit of others."

Additionally. the program allows parttclpants to make connections w tth students from other law schools.' While Unt\erstty ofToronto volunteers work in collaboration with students from Osgoode, other schools across the country arc also establishing family law programs with the Toronto project as their model.

If white space on your resume is what

stresses you, the Family Law Project stand~ to pro\ ide you v. ith the opportunity to gain practical skills that would distinguish you from other job applicants, particularly for positiOns involving family legal issues. The project is well-recognized among the key figures in the legal community; indeed, the project was initially a summer program that expanded due to the interest and effort of duty counsel and judges.

In addition, the program allows students to make a significant contribution to the community. as each small effort makes a significant impact on a litigant's experience of the legal system.

Testimonials from client feedback fonm show that the services provided through the project are irreplaceable.

More information on the Family Law Project is available on the Pro Bono Students Canada website at www.law.utoronto.ca/probono/, or questiOns can be directed to probono.Op@ utoronto.ca.

Meet the professor: Ariel Katz

BY DIANA YEUNG

Originally from Israel, Professor Ariel Katz moved to Toronto in 200 I to work on his SJD at U of T. This year, Professor Katz is one of four new professors joining the Faculty. He spoke with UV recently to tell us a tittle more about hirnsclt: UV: Did you always wa nt to be n

hoice

much-desired solution to the above questions.

The Family Law Project was cstab1ishcd tn response to the desperate need for counsel in family law cases. At the ttme the program was launched in 1998, as many as 70 per cent of family court litigants lacked legal representation. The project works to relieve the stress and uncertainty faced by those who cannot afford representation tn family court.

The Family Law Project may be an interesting summer alternative or addition to a research fellowship or clinic placement. If you arc considering a career in public interest or family law and would volunteer to assist unrepresented litigants, the proJeCt would be open to your support this summer.

Moreover, if your self-reflection revealed an unexplored interest in fami ly law issues, a volunteer position with the Family Law Project during the summer or coming academic year would provide you with significant experience and contacts.

lawyer'?

AK: No, actually, I considered studying psychology or graphic design, but eventually r chose to study law because I realized that 1 liked being able to do advocacy work, writing, making arguments and interpreting text.

UV: Why did you decide to become a competition lawyer?

AK: Initially, l thought that if anything I was interested in becoming a human rights lawyer or a labour lawyer.

But one year, I took a course on the European Un10n and part of the cours~ was on competition policy. I thought tt was a very interesting area, so I took more courses in competition law the followmg year. After school, I clerked for the Israel Antitrust Authority to see tf I would enjoy practicing competition law

and I did enjoy it.

UV: How was your clerkship experience?

AK: It was great. One of the cases that I worked on eventually followed me throughout my career, both as a \awycr and as an academic. In Israel. a.. in many other coun tries, in order l O play tnustc in \)\tb\i~.;, you need to purchase a license from an llrgan izat ion of cop) r ig h t o" n~r.;. " h id 1

has a monopoly in that market. We \\ cr~ receiving complaints from music users that this organization was charging too much for these licenses, and otherwise abusing tts power. So when I became a lawyer, we worked on developing a mechanism to try to mitigate the organization's power That subject is also part of my research today.

UV: You practiced as. a competition lawyer for four years in Israel. Why did you dectde to leave your practice to complete an SJD? AK: Whtle I was completing my bachelor in law, I was also busy runnmg a climbing school with my friend. We offered climbing courses and we arranged group excursions, which was a lot of fun, although a complete financial failure.

Anyway, I didn 'I feel like I had achieved

my full potential in law school, so, I want- your SID at U ofT? AK: l heard great things about U ofT ed to take a break from practice to do some Also. some US Jaw schools requ1re SJD in-depth research. candidates to have an LLM from that UV: Do you like academia more than school. but U ofT didn't have that policy. practictng? .

UV: How do you ltkc U ofT so far?

AK: I like them both. As an academtc, I AK: !love the atmosphere here. There's can work on what I really want and I have ah\ays a constant flow of events. speakers more time to spend with my wife and my four-year-old son. For example, right now, and workshops.

UV: Do you have any advice for law my son and I arc learning how to icc-skate together. I also enjoy teaching very ~u~h. students?

AK: Take advantage of the resources But, one advantage of being a practtcmg af\d opportunities available to you-even lawyer is that you get more immediate if they don't seem related to your career. results. You may have an impact as a plans, because everything gets connected researcher too, but it takes longer.

UV: Why did you decide to complete in the end.

"Another World is Possible": Th.e World Social Forum 2005 US$35,000, the Davos conference is inacBY LINDSAY LANG cessible to members of trade unions.

1 was one of the 155,000 people that gath- NGOs, student groups and concerned indiered in Porto Alegre, Brazil to participate viduals from the Global South. In contrast, in the Fifth World Social Forum. The it costs $5 Canadian to participate in the World Social Forum (WSF) seeks to be a WSF and options such as solidarity housspacc for people from around the world to mg and camping are available for those share ideas about how to construct a better unable to pay for a hotel. . world. This sentiment is captured in the • Porto Alegre was ch~sen a~ the sttc of Forum's slogan, "another world is possi- the Forum because of tis umqu~ .budget ble.'' allocation process, _called ~arttctpato'?'

The WSF founders felt that the World budgeting. The .restdent~ dtscuss thetr Economic Forum, held annually in Davos, needs and collecttv~ly .dectde at town hall Switzerland, lacked the participation of the meetmgs how the ctty s money should be most economically vulnerable groups. spent. .

With a minimum registration fcc of Despite the WSF's low costs, scrapmg

together the money to send a delegation to .

Porto Alegre 1s a major challenge for many NGOs. Throughout the Forum. I wondered whether the returns from participating justify the energy and money spent to attend.

The WSF had workshops on issues of human righL'>, the environment, economics, peace, diversity, and communication.

In addition to the 2,500 workshops there were hundreds of scheduled cultural acttvities. Events took place in tents spread out along the ctty's river bank. The sheer number of participants, coupled with 40 degree heat often made the WSF feel overwhelming. I found it difficult to have meaningful interactions and build coalitions, which

were my delegation's goals. Despite the presence of many volunteer translators, th.e language differences restncted communt· cation between participants. Consequently, many of the workshops were attended mostly by people who speak the same \an· guage. .

Because of the overwhelming scope of the WSF, for parttcipants as well as organizers, the WSF will alternate biannually with various regional social forums. The WSF w1ll continue to evolve and respond to cnttcisms. I hope that regardless of future alterations, the WSF continue~ to bring people together and foster global citizenship and international solidarity.

•

10~------------~----~----~P~O~LL~R~E~S~U~U~S~--------------------= Ul~JAA ~VI_RE_S

PINIONS Our second annual opinion poll was conducted from February 1 to 3. We surveyed 275 students, including approximately half of all JD students. The margin of error Is such that the results printed on these pages can be taken to represent the opinIon of law students at U ofT within four percent, 19 times out of 20.

This year's poll differed from last year In that it focussed more on internal law school issues rather than external political and social questions. The first two questions of the poll were identical to two questions asked on a poll in the spring of 2002. and the results from both years are presented. likewise, the questions regarding tuition and political preference were asked last year, and the results presented for comparison's sake.

In addition to the questions below, we asked demographics questions which showed the following: male (49%), female (51%); BC (13%), AB (8%), SK,IMB (3%), ON (64%), QC (3%), Atlantic Cda. (4%}, Northern Cda. (0.4%), other (4%); visible minority/Aboriginal (25%}, other (75%); 1st year (30%}, 2nd year (35%}, 3rd year (32%), llM (2%), NCA (1%).

We invite you to submit your comments on the poll for the next issue of Ultra Vires.

1. What is your overall impression of the morale and general atmosphere at the Faculty of Law? 2.002. 2.005 ~

'2.\ /o

19 20

ve'r'} ~~\\\ve

0

44% 17%

45

16%

14

1%

somewhat positive neutral

somewhat negative very negative

What a difference three years makes. In 2002, in the midst of the battle over the Dean's now-infamous five-year plan, and the first year grades scandal, only 22 per c~nt oflaw students had a positive impresSIOn of the morale at the Faculty, compared to 65% no\\.

2. What is your overall

impression of the administrative leaders at the Faculty of Law? 2002 5 13 17 35 29

2005 16% 41% 23% 15% 4%

very positive somewhat positive

plan to build a new law school?

37% 21% 42%

support oppose undecided

Op\mon on \ne recen\\y announced re\ocation plan.<> i.'> clearly all over the map. Just und!:r halfofstudents are undecided on the

i. an individual philanthropist?

16% 17% 14% 23% 31%

very comfortable somewhat comfortable undecided somewhat uncomfortable very uncomfortable

somewhat negative

ii. a law firm or corporation?

very negative

3rd 47% 22% 31%

positive neutral negative

10% 4% 6% 16% 64%

very comfortable somewhat comfortable undecided somewhat uncomfortable very uncomfortable

Word has it that the Dean has not ruled out the possibility that the school could be renamed if a large enough donation is secured. A majority of students, 54 per cent, were uncomfortable with the idea that the school could be named after a n individual. In the case of a corporate

B

B

C+

C

F

7% 30% 47% 11% 3% 2% The SLS is in the top half of the class, but only barely so. On the positive side, they received more A's than the Dean, at 7 per cent. Clearly they arc doing a lot of the right things, but there IS room for improvement.

strongly support somewhat support

Ultra Vires.

undecided

A

somewhat oppose

B+

B

C+

38% 41% 18% 2%

C

F

1% 0%

M F 35 17% 39 39% 8 7% 13 26% 5 9%

6. Based on the law school cutVe, grade the performance of Dean Daniels.

2nd 3rd 1 6% 34 22% 37 33% 17 21% 7 10% 3 8%

A B+ B

Our propaganda is clearly paying otT. Whether it's the whimsically irreverent jabs at the administration on our back pages, or the trumped-up and sensationalized news scandals on the front, our humble rag appears to have some kind of inexplicable appeal.

9. Were you completely honest on your financial aid application?

64%

yes

7% 28%

no

F

It seems that the more students get to know Dean Daniels, the less they like what they sec. Third year Students were the least impressed, with 21 per cent handing him a C+, 10 per cent penning ma C, and 8 per cent settling o n the dreaded F. Second year st~dents were slightly more forgiving, wllh only 3 per cent in the F category.

We students here at U ofT law may be a lot of things (braggarts, overachievers, kleptomaniacs, etc.) but clearly lying liars we are not. Unless, of course, some people lied on this question, which is a distinct possibility. And what is a lie, really? If you justfo~get to mention that you jointly own a Lakeshore condo with your "landlord" uncle Herb? What if you sold your SUV to your brother for $1 for safekeeping? Is that so bad, really? Given that 28 per cent of us didn't even fill out an application, it also appears that a significant number of us arc loaded, or at the very least, pulled in a nice chunk of cash over the summer.

7. Based on the law school curve, grade the performance of the Students' Law Society.

10) In classes, do you feel comfortable expressing your views, political or otherwise?

26% 39% 7% 20% 7%

somewhat comfortable undecided somewhat uncomfortable very uncomfortable

2004 15 24 58

3

2005 10% 37% 52% 1%

continue to rise stay at current levels be reduced did not answer

The already scant support for rising tuition appears to be dropping off, although only marginally. Last year, 82 per cent of students felt that tuition should drop or remain the same. 'This year that number jumped slightly to 89 per cent. Men continued to be more than -twice as likely than women to support further increases to tuition. However, the push for reduced tuition is slightly abated.

very comfortable

tuition-free, would you want to practice corporate law when you graduated?

24% 51% 25%

yes no

I don't know

Gtvcn that approximately 90 per cent of students go through the OCI process, one m1ght think that the majority of students have at least some interest in practicing corporate law. According to these numbers, taking debt pressure out of the picture, the majority have no interest in Bay Street.

Only 15 per cent of third years indicated they would will practice corporate law.

13. How would you grade the performance of the law school in building a racially diverse body of professors?

A

B+

B

C+

C

somewhat uncomfortable very uncomfortable

The number of students who are comfortable airing their views in front of the peers is an overwhelming 65 per cent. However, a relatively significant chunk, 27 per cent, do not feel comfortable. That is a disturbing number in an academic environment.

Presumably we are missing out on some

A

B-r B C+

c F

14. Based on marks, where in your class do you think you stand?

39% 51% 7%

rop third middle third bottom third

Apparently the students that make up the bottom third of their class have no idea that they are there. We're not sure what significance to attach to the fact that only 7 per cent of students believe they are trailing the pack. Perhaps on the whole we are a stubborn, proud lot.

15. Were you bothered by the $14,000 theft of books from the bookstore and the fact that a student was investigated but not charged as reported in the January 2005 UV? 35% very bothered 36%

some\\.hat bothered

19% not at all

bothered

8% what are you talking about?

A whopping 71 per cent of students were bothered by the bookstore theft and subsequent aborted investigation, and the fact that the mam suspect is a student.

Administrators have not been ent1rcly apathetic in response to th is Issue - note the stgns in Flavclle classrooms reminding students not to steal.

16. To what extent do you agree with this statement: "I feel like I fit in here."

15% 33% 20% 18% 12%

4% 20% 28% 19% 14% 15% The fact that 15 per cent of students gave the law school a failing grade on racial diversity in the faculty is certainly embarrassing, but it is far from surprising. (See editorial on pg. 16.) It is perhaps shocking that more students didn't flunk out the school on this point, given the fact that the school has a mere handful of minority professors. What is even more striking is the split based on whether the respondent was a visible minority or Aboriginal person themselves:

school or who had a clear preference for corporate law, were significantly more likely to indicate that they felt like they fit in here at the law school.

17. If you could do it over again, would you still choose to attend U ofT? 69% 12% 19%

no don't know

strongly support somewhat support

18. How do you personally feel about gay marriage?

77% 10% 4% 5% 3%

11 divided on the question, with 55 per cent feeling that the court has not struck an appropriate balance, and 42 per cent claiming that court rulings have favoured non-Aboriginal interests.

21. In the next federal election, which party are you most likely to vote for?

yes

The proportion of responses to this question mirrored the proportion of responses Ultra Vires received to an email survey we conducted at the same time regarding the advice we would give to incoming JD students (see pg. 19).

very comfortable somewhat comfortable undecided somewhat uncomfortable very uncomfortable

2004 45 26 15 6 1

8

2005 45% 24% 12% 8% 1% 11%

Liberal

NDP Conservative Green other won't/can't vote

Apparently the hairy hands of Trudeau in that garish library painting continue to wield influence from beyond the grave.

Despite the school's reputation for harbouring buttoned-up Tory types, only 12 per cent of respondents say they will vote for the Conservatives in the next election.

The results are virtually unchanged from last year. The Green party was the only one to make gains over last year, jumping from 6 to 8 percent.

While the issue may be contentious in the 26. Did you ever attend a private public at large, it doesn't seem to be the e\ementa~ or n\~n scnoo\? case here, with 87 per cent of student~ re-,ponding, \na\ \be)¡ fee\ comfortab\e W\\n t\1c iuea o\ snme-..cx mamag,e.

19. How likely do you think it is

that gay marriage will lead to the legalization of polygamy?

1% 10% 6% 16% 65%

very likely somewhat likely undecided somewhat unlikely very unlikely

A number of students were bewildered by this question. But it seems that the vast majority feel that polygamy will not become legal anytime soon.

20. What is your opinion on the Supreme Court's Aboriginal rights jurisprudence?

At first glance, this may not seem like a big deal. But to put things in perspective. the most recent numbers from Statistics Canada say that only 5.6 per cent of all Canadian children are currently enrolled in private school-and that number has increased since the time when most of us where in grade school. That said, the numbers may be some\\ hat skewed in the sense that many students at U of T La\\ have attended private schools for religious reasons.

27. Does one or more of your parents or siblings have a law degree?

16% yes 84% no

undecided somewhat oppose

3%

strongly oppose

F

somewhat comfortable undecided

white vis. min.

0% 6 34 6% 27% 28 17 25% 10% 15 31% 10

12.1fyou could go to law school

I didn't submit an application

C+

c

very comfortable

11. With regard to tuition at the law school, do you think it should:

strongly oppose

We are not sure how to mterpret the results of this question, and in hindsight probably should have worded it differently. Several students who would strongly support the nomination wrote m comments that indicated they would do so only to remove him as Dean of the law school. So take these numbers with a grain of salt.

1st 6 39 43 11 1 0

A

8. Based on the law school curve, grade the performance of

issue. This is understandable, as details of A B+ B C+ C F the plan have been scant, and there has been little consultation with students. It is 5% 32% 37% 16% 6% 4% difficult for students to stake out a posttwn on this issue without being able to evaluate Based on these numbers, the overwhelmalternatives, namely, expanding o r ing majority of students would put the improving facilities at the current location. Dean in the B to B range. To analogize his performance to a law school exam, the 4. How comfortable are you with Dean was reasonably articulate and hit most of the Issues, but on some of the the Faculty selling the naming more dtfficult points lacked insight. Not an rights to the entire law school to: overly creative performance.

ne4tral

Stmtlarly, the 64 per cent negative rating of administrative leaders in 2002 has virtually evaporated. However, there is a clear trend that upper years are far more likely than first years to have a negative impression of the administration.

1st 2nd 69 54 23 25 7 21

3) Do you support the Dean's

5. If Dean Daniels were in the running to become President of the University of Toronto, would you support or oppose his nomination?

12% 22% 32% 18% 16%

opinions that, while not necessarily popular, might stimulate creative discussion.

Also noteworthy is that women were twice as likely to feel uncomfortable than men.

2005

donor, however, that number climbs to a full 80 per cent

POLL.RESULTS

8 FEBRUARY 2005

white vis. min.

6% 18 25% 36 22% 19 19% 18 27% 7

far too in favour of Aboriginal interests

10%

somewhat too in favour of Aboriginal interests

strongly agree

31%

somewhat agree neutral

balance

30%

somewhat too in favour of nonAboriginal interests

somewhat disagree strongly disagree

the court has struck a good

12%

far too in favour of nonAboriginal interests

This question also yielded results that showed a clear divergence among visible minority and non-visible minority feeling.

Likewise, students who went to private

15%

did not answer

This was another question that students found somewhat confusing. Students are

In all honesty, we were a little relieved to see that only 16 per cent of us not the first in their immediate family to have a law degree. There are times when it seems like everyone at this school comes from a family of lawyers. (Thankfully !) the true numbers just don't support that notion.

FEATURES

12

ULTRA VIRES

. . ? would you advise a JD applicant to accept their offer of adm•ss!.~.~~:bl• E~·eryycar.

the Faculty invites applicants to the JD program who ha~·e heen given offers of admission to an open house. They meet with students, staff andjacui(J: who .\pend the day hashing out el'efJ' la~·t argument about every· last detail ofwhatthis place is all about in order to convince these hapless applicant.\ to accept, or reject their offers.

Trouble i'i'. the law students who attend this open house to offer their "wisdom" are inmriahly the same 30 or so students that you sec at every guest lecture, e\'ery puh night, and every' sneak previe~' of a major Holf;wood film.

H-e'd thought we'd give a chance to every 'One at the law school to offer their adlicc-good or had. We sent an email out to all students asking whether tlzl!y 'd adl·ire applicam.s to accept their offers, and in 100 words or less, to tell them win: Below is a representative sampling ofthe re.\ponses--al! re:,ponses will uppear on our website ut wwn:ultravires.ca.

Yes! Yes. 1\o other school will offer you the opportunities, to the same degr_ec, to achie:e whatever it is you want to achieve. You Will be instructed by the \eading profs in the country who are recogniz.ed in the media and \n C:.Vet"J \aw ~hoo\ across Canada. 'lou

have taken a bit of time off. or are an oldie.

Pcople want to do well. sure. but no one is nuts. People give you notes if you ask. Some people email them to the whole class. There might be some jerks, but I'm sure they keep to themselves, beingJ'erky, so I've never met them. Bad stuff: The guy's washroom is dark.

Yes. As a mature student, going to law school involved a career switch. U of T gives me the best opportunity to get a job at the end of the day, in two ways. First, the education I receive is solid. Second. the school has a preferred position among Canadian law schools with respect to recruiting. I am summering on Bay Street this year, and so far have greatly enjoyed my experiences so far at U ofT. The profs arc generally excellent, the students are friendlier than I expected, and there's a real sense of community.

Yes. U of T is a great choice if you don't have to worry about fmances or location.

There are moments I wonder if the tuition is worth it, but for the most part I think it's a fantastic opportunity. I especially like the international opportunities that are open to students through IHRP, exchanges and Work Abroad programs. The student body is exceptionally friendly in first-year and there is a real sense of collaboration. Good luck with your choice! Ultimate players especially needed for intramurals!

,..,\\ ""'"~ a .,\<&n'i.\\c:.an\\':f '\>et\C'{ c:.na.ncc o\'

attaining the job you want and you wiJJ have mon: rc.wun:cs at your disposal than at any

other law school. If money is a factor, take

the opportunity cost into account and make sure you Jet the Faculty know what your financial situation is as they are very helpful.

Somewhere between feigned indifference to

work and the hyper,competitiveness of myth lies the reality: this is a group of students who push themselves hard but not at the expense of their classmates.

Yes. As a transfer student from another Ontario school. I've had the chance to compare the two. The most daunting difference is that U of T is much more theory-based, exploring the philosophy behind the law and asking not just what the law is, but why.

Other schools do this too, but U ofT seems to spend more time on it If philosophy or theory is your thing, then U ofT will be a better match for you. But if philosophy isn't your thing, I'd still recommend U ofT. I Yes. U ofT is well regarded as a law school believe that it's better to have a deep under- for good reason. In almost every meaningful standing of the underpinnings of the lawaspect, it is above average. Lots of great faconce you have that foundation. you can ulty, with some duds. Lots of great class always add the practical know-how on top. mates with some super-competitive kecners.

Of course, if you're really not interested in Great access to job markets, but nothing is theory and you want a practical-aspects- guaranteed. Some seriously tough courses, only education, then you probably won't be and some relatively easy ones. It can be a as happy here as you might be at a school great experience, but like everywhere else, it that focuses more on black-letter law, and takes some initiative. The main thing is to that's a choice you '11 have to make for your- know what you're looking for and what you self. But I believe the quality of thinking and value. For me, it's opened up some great the availability of high-level, important doors and I wouldn't want to have gone anywork at U of T sets it above other law where else. schools.

Yes, absolutely. And I never answer this kind of thing.

Professor.;: The quality is incredible. Out of seven teachers I've had so far, five have been incredible. and two were only ok.

Students & Atmosphere: All the rumours about U of T being cutthroat arc bullshit.

People arc really interesting and nice, and you can make great friends. This applies whether you're coming out of undcrgrad,

Yes. It is a great place to get one's degree.

My advice for those who are considering Grad House as a place to live for their first year is that they should sec 1nside the suites before making a decision. Go to the front desk and ask them if they can take a look at a suite.

Yes! The cliche. you get what you pay for, applies equally to law . chool as other things.

While you may be apprehensive about com-

ing to U ofT because It IS more e~pensl~e than other law schools. you shoul~ t let th1s deter you. In exchange for your h1gher fees, you'll get fantastic professors who are not just knowledgea?le, b~t rather they are ~e leading experts m therr fields. If you thmk this is the right school fior you, a fiew. do IIars now should not make a di'ffierence m your decision.

Yes. The wealth of extracurricular activities at U ofT is unsurpassed. If a student has a particular area of interest, there will be an extracumcular organization to engage that mterest (often more than one). I continue to be impressed by the depth and insight provided by our professors into the most complex topics. In terms ofjob prospects, I don't think it can be denied that most graduates choose to enter the practice oflaw m the law firm setting. That being said. the career office is able to provide meaningful adv1ce to all students no matter what a student's professional aspirations may be.

Yes. Extracurriculars are key to why I love this place. But more important is the student body: big enough to contain diverse interests and attitudes, yet small enough that I know most people by name. Most of all, it's smart enough to push me to try my hardest in order to keep up. I have succeeded here, and I sincerely believe that my peer group is responsible for that. Somewhere between feigned indifference to work and the hypercompetitiveness of myth lies the reality: this is a group of students who push themselves hard but not at the expense of their classmates.

Yes. You get what you pay for. In other words, you get a lot. Be forewarned: those back-stabbing-selfish-library-book-hidingarrogant-corporate-pig-classmates we all expect to encounter when corning here. Still looking for them. Turns out it's nothing but an unfounded rumour. The people are what make this place great.

Overall - yes, I would accept A lot of people are pretty cool, and the ones you don't like you can stay away from. The atmosphere is too tense, too fabricated, kinda weird, but not so bad. In terms of political climate it's often too uptight, too conservative, and too concerned about law school stuff that doesn't matter. Law students are kinda whiny though, so it's probably the same at many schools. The administration is the same way and likes to make a big deal about things that shouldn't be. At the same time the people are very bright, have <liverse, well informed viewpoints and can often talk intelligently about pretty much anything. So while the environment can sometimes get to you it is never boring.

Ultra Vires rules! But will suck when Desbarats and Norquay leave.

Yes, with a caveat. Among U of T's main selling points arc the academic quality of the education you get, the wide range of lawrelated extracurriculars that will help you get legal experience, the school's connections with people at the top of the profession, and (relatedly) the school's reputation when you go looking for jobs. The main caveat is that there's a good chance you will get less financial aid than you might expect.

If money is an issue, read the financial aid

pol~cles and procedure:. ~ mak~ a dccionhnc) carefully before Y s1on.

ybe

Ma

•

.

1 Maybe. The quality of the teaching IS execlent and there are many interesting, dynamd ic and intelligent people amongst the stu ent body. However, for students view~g law school as an "mvestment" or entree m corporate life 1would think twice. S~ing for myself, I would potentially. reconsider my decision to enrol in an Ontano law school as opposed to pursuing other options in or.~ut­ side Canada. I believe that the compebtlon for well-payingjobs is as high or higher than it would be at top American law schools.

Bear in mind that only 100 of 200 (roughly 50%) of the second year class ends up summering for large Bay Street ~nns ~nd the competition for these places IS, while certainly not insurmountable,. an eve~-present concern. This is reflected m consciOusness of grades.

Maybe. Ensure that you want to do "law.. and not "business". Legal careers are NOT entrepreneurial or dynamic, generally quite boring for the first five years, and not particularly lucrative. Approximately 50% of students embark upon a Bay or Wall Street legal career, earning $67,000 per year upon graduation for doing secretarial crud. U ofT also has its share of communists. That said, the program is intellectually engaging and enriching, and if you have three years ~ waste. tt is an easy program and you will develop your logical reasoning and writing abilities, and obtain an advanced degree.

Maybe. It is an unqualified yes that you should come here if you are sure you want to go to law school, but a 'maybe' because you should be sure you want to study law as it is a commitment for a substantial amount of time, work and money. But the student body is amazing as are the programs offered. Students are engaged, interested, fun, bright and most importantly have different interests. There are as many student programs and opportunities as there are different student interests and they are all well supported by the faculty.

Maybe. Before you accept your offer you should understand that law is a major commitment. It is, at minimum, 4 years (including articling). As a career it is very demanding. Lawyers are constantly striving to meet client expectations-law can no longer be described as a genteel profession. As a lawyer, you are a professional working in the high-end services sector. It is possible to carve out alternative paths but this must be done consciously.

Maybe. 1 went to U ofT law, then practised law for a few years before returning as a grad student. Being a lawyer is different from what most people expect. It involves a lot of paperwork (even for litigators), constant pressure to meet billable hour targets, and a loss of control over your own life.

Remarkably, some of us stdl love the practice and the study of law. Be sure you want this. If you are sure-then U ofT is a very good choice. Firms generally respect an CONTINUED ON P.21

FEATURES

8 FEBRUARY2005

13

Students give free advice, possibly for the last time CONTINUED FROM P.19

education from U ofT. Just be aware that no school can really prepare you for the realities of practising law-schools can just help you get jobs, and U ofT is good for that.

Maybe. I'm a third year student. I did well in law school, I had a summer job and am articling at a big Bay Street firm. However, l'm not really sure if I want to practice law. Very few of the people I know who started out on Bay Street are still there. My advice would be to try to be sure that this is what you want to do. it's an expensive mistake to be wrong.

That said, I really enjoyed U ofT: it's laid back, not backstabbing (even in first year), and the professors are generally excellent. If you are going to law school this is your best choice in Canada.

Maybe. It honestly depends on where you arc in life, and what you want at the end of your degree. If you know that you want to work in a corporate law firm in Toronto, by all means accept. If you're unsure, then your decisiOn is a lot more complicated. U ofT law is a high quality school, with great course selection, and an accomplished student {and faculty) body. However. it's also an intense school, and. possibly most importantly, very expensive. Don't downplay the amount of debt you will face, and be cogni7.ant of the troubles that students have with financial aid. In the end, many students tum to Bay Street not out of genuine interest. but oul of convenience and financ.:ial incentive.

That's not to say that people don't work in academia or goverrrrnent or whatever after a JD here; just know what you're facing.

Maybe. My advice is to errroll in U ofT law if you have cormections in all the right places, a trust fund and a desire to spend three years patting yourself on the back for getting in to justify your existence. Do not enroll if finances are a consideration for you in any way, trust me you do not want to experience that moment in second year. when in November after all your money bas run out and you didn't get a job with a firm.

If you were on the track to the elite before you got here and your parents are powerful, then U ofT will add nothing to that position but a rubber stamp. If you weren't. don't let them fool you-the fanciest degree in the world is not going to change that. It will however put you in the kind of debt you will never get out of.

U of T Law is expensive, it is also worth every penny 1fyou decide to commit to getting the maximum possible out of your law school experience. That said. if you are not sure if you want to be a lawyer, perhaps you should seck joy elsewhere. Not because you will not enjoy it here, but bt..>cause you will be wasting a very valuable opportunity.

Waiting behind you are lO talented, smart, courageous, hardworking people who wanted to get in here, but who didn't get an acceptance letter. While some of them will get into other (read a.-. 'lesser') \aw sch()()\s, if you do come here. in a "-ensc, you dll so ut

their expense. So if you can remember that attending law school, particularly this law school, is a privilege and an honour every single minute of every single day you arc here, then you should come. If you arc a baby who thinks that you deserve everything on a (free) platter just because you arc so effin' wonderful, well then, there are probably enough of you around here already.

The culture, academic offerings, faculty, and, sadly, student body collide to produce an environment that is apathetic about the world outside our walls.

We learn to earn. Our thrill is to bill.

Not/Think!

No. Reject the offer. U ofT is an excellent school. but it's not enough better than the other leading Canadian law schools to justify the tUition i.e. it's not two times better than others costing half the price.

People from other schools end up a\\ the same places as Toronto graduate;.,. \\'s an economtca\\y irrationa\ dc..:'h,ion to go to \J of l.

I'm sorry I didn't get to you earlier. I could have warned you. Of course, my foreboding tone a-;sumes that you have the same concerns ru; me. I came to law school wanting to explore ideas of governance and justice. I wanted to debate, engage, wrestle with complex issues both abstract and real. Instead, I have been margmahted and silenced within this law school. The culture. academic offerings, faculty, and. sadly. student body collide to produce an environment that is apathetic about the world oubide our walls. We learn to earn. Our thrill is to bill. This law school disproportionately admits students from privileged backgrounds. inflates the significance of the law. then smoothly transitions them into corporate jobs. Please don't believe the hype about U of T Law. There is nothing here to excite you.

Before you have even gotten here, we are giving you advice. That is what law school, students, administrators, and lawyer.; dothey give future lawyers advice about how they should run every aspect of their lives.

From the minute you enter this school. people are telling you what you should d(}wherc you should apply, which co~ "you have to take", where you should volunteer. what summer job you should take, how you should "have fun"-so my advice is wherever you go to law school (becau~ l do think some of this runs through a\\ of them) do what you fee\ you want to do and \f you don't know-that i.!> fmc. Uon'\ bc:\\cvc: \hem ... ":fO\U who\c: \i.fc d~n'\ ~k·pcnd on\\~

Good people make all the difference.

Goodmans is a different kind of law firm, rich in culture with a deep commitment to quality and client service.

It is a place of good humour and good will with an uncompromising reputation for top-notch legal work. .

Talk to the people who work here -you'll come to understand why Good mans took the honours for being the top-rated ftrm in Canada for the second year in a row, according to the Canadian Lawyer law firm associates' survey.

For more information on our Student Programs visit us at www.goodmans.ca.

You can also contact Catherine Chang (416.597.4190, cchang@goodmans.ca) or Chantelle Courtney (416.597.4202, ccourtney@goodmans.ca).

Our Uof T Students lan Andres Danny Cappe lan Disend Peter Hawkings Andrew Hennigar Kyla Lamarche Greg Lemaich

Vanessa MacDonnell Karen Murdock Sarah O'Connor James Rickert Logan Willis Marisa Wyse

Goodmans· Barnsters &Solicitors I Toronto I Vancouver I Hong Kong I goodmans.ca

•

READING WEEK FUN &GAMES Who doesn't love this Grade 3 classic?

Get out your pencils and sharpen your vocabulary-now you can play mad Jibs with the ultimate Denning judgment!

Yocu--

(3) legal verb (eg, litigate)

-----

(4) stereotypically stuffy English place name (5) verb (past tense) (6) adjective

{8) day of the week {plural)

p.,.of&SSot-S Match the professor to the Supreme Court justice s/he clerked for, the year of their clerkship, and what albums topped the charts that year.

(9) obscure holiday

{10) NGO

1. Professor Benson

i.

Bangles

(2002-2003)

Decipher the following passage from one of the mor . of the many in the history of the United Stat S e embarrassing moments es upreme Court.

(2) verb

{7) adjective

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(.~pfot;CA.ip -- -- ------ --- --- --- ----BN BI TWNNWZ KRZ JUU NQW SRZUL, -BK ------BEINWJL RK -------

(1) obscure sport

by Adrian Liu So maybe your Reading Week plans tanked. You were one click away from booking on expedia.ca when the wireless internet in Bora Laskin went down (thanks a lot, Gian Medves!). Or, maybe you did book your vacation, but it's been raining for the past 5 days. Fear not, you don't have to make do with watching reruns of Friends in Spanish. We at UV bring you this swell package of games and puzzles that are sure to amuse you. Or, at the very least, it'll keep you from doing your readings for at least another 15 minutes.

15

SJBNBED NR WFWAXNW LWDWEWZJNW RKKIHZBED KRZ

-- -- --- ----

AZBPW, RZ NR UWN NQWP INJZFW KRZ NQWBZ ---------- ------- --BPTWABUBNO, IRABWNO AJE HZWFWEN NQRIW SQR JZW ---------- ----- ---PJEBKWINUO XEKBN KZRP ARENBEXBED NQWBZ GBEL.

------------------- -- ----FJAABEJNBRE BI TZRJL --------- -----

NQW HZBEABHUW NQJN IXINJBEI ARPHXUIRZO

------

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{11) noun (plural)

BPTWABUWI JZW WERXDQ.

{12) law firm

-RUBFWZ SWELWUU QRUPWI

{13) body part (14) circus performer (15) name of court (eg, Ontario Court of Appeal) Macklin

ntonio lamer (1996-1997)

(16) verb

Eminem

(17) remedy (eg, injunction) {18) building or structure (19) noun {20) animal

Ison

Del

(21) person

(1989-1990) (22) sports play (eg, home run) {23) verb

(24) family member Make as many words as possible out of the letters in CONSTITUTIONAL e.g., CON, TON (Hint: There are at least 20)

(25) verb Drassinower

iv. Every Breath You Take- Police

(26) adjective {27) organization (28) noun (plural) (29) big-box company (30) addictive drug

v. Gettin' Jiggy Wit ItWill Smith

(31) reality TV show {32) adjective

In the summer time (1) is the delight of everyone.

Nearly every village has its own (1) field where the young men (2) and th.e old men (3) . In the they have their own ground, where they village of (4) __ these past 70 years. The wicket area is (6) have (5) _ _ _ _ _ and the outfield is kept (7) . The village team play there on (8) and (9) - - - - - -· They belong to (1 0) , competing with the neighbouring (11) . On other evenings after work at (12) they practice while their (13) _ _ _ __ lasts. Yet now after these 70 years, a (14) of the (15) - - - - - - - - - has ordered that they must not (16) _ _ _ _ _ there any more. He has issued a (17) _ _ _ _ _ _ _ _ to stop them. The newcomer has built, or has had built for him, a (18) on the edge of the cricket ground which four years ago was a (19) where (20) _ _ _ _ _ _ grazed. The (20) did not mind the cricket. Now he complains that, when a (21) hits a (22) _ _ _ _ _ , the ball has been known to (23) in his garden or near his (18) . His (24) has got so upset about it that they always (25) on the weekends. They say that this is (26) . So they asked the (14) to stop the game being played. I suppose that the (27) will disappear. The ground will be turned to some other use. I (1) expect for more (28) or a (29) _ _ _ _ _ _.

The young men will turn to (3D) _ _ _ _ _ _ _ _ _ or (31) . The whole village will be (32) - - - - - - - · And all this because of a newcomer who has just bought a (14) _ _ _ _ _ _ _ there ne)(t to the (1) ground.

((

-

ULTRA VIRES

OPINION & EDITORIAL

16

EDmORIAL

I GOT BEEF

Facing the facts on race

Email woes, Trudeau's hairy hands, and that pesky book thief

he ~ults of this year's opinion poll are, m many ways, unsurprising. want tuition Most students decreased, a large majority are very comfortable with same-sex marriage, and there is mass indecision regarding the proposal to move the school to a brand new building across campus. Thirty-three per cent of us ha~e been to private school, compared to 5.6 per cent of the general population- no big shock there.

However, we were surprised to see that half of students seemed to be more or less content with the Faculty's performance in hiring a racially diverse group of professors.

The deeper analysis of the poll (see question 13 on page II), which shows that visible minority and Aboriginal students gave far lower grades to the administration-including 30% who gave an F-on this point, was equally discouraging. It is an inescapable reality that visible minority and Aboriginal students see the lack of racial diversity among professors as a serious problem.

But sadly, th1s problem is far from new.

In 1997, Professor April Burey, a popular, Black, disabled, Harvard-educated lecturer at the Faculty, applied for a tenure-track po~ition in race and gender at the law school. After she and other visible minority ap-p\\cants \\ere not even granted an interv\cw, and a white woman was hired, she ~ed a b\\~\erm~. w\de\y-d\stri.buted \et-

T

at all, to live up to Daniels's undertaking in 1991-.

We all know of the Dean's propensity to talk big. But on th1s issue. action is long overdue. Let's listen, and let's do something.

• • •

h, Valentine's Day. A time for romance and reconciliation. And yet, we here at UV have been asking ourselves where is the love?

In the spirit of the Special Day, we would like to encourage students to put a little love back into the cosmos via spontaneous expressions of lust. As such, we humbly submit a list of some potential secret law school locales suitable for clandestine trysts.

The "ancient fireplace" in Falconer: It has the titillating allure of being the stashing ground of an ingenious book thief Those of you who are interested in making it the scene of your "crime" can pretend you are being watched by campus police on closed circuit television. Appropriate for those who like it on the kinky side, as it has the distinct feel of a medieval torture chamber.

Professor Trebilcock's office: Sources have told UV that Trebilcock keeps a secret stash of pipe tobacco in the top left drawer of his desk. In the closet you will find a sexy silk kimono. Live it up, Hugh Hefner-style, as you bask in the afterglow of your pas<;\onate embrace. To rea\\y put the "oomph \e1 "-' \'k~n '-")an\e\<;, ':>\al>\\n~ \\\m and \he \n )'OUT \ottoumpf', whisper -passages from 1'.1cul ty for their failure to address systemic Trebilcock's "Getting There: The rocHm Jt du: !Jw school. in response to the Agreement on Internal Trade" to your part a/k•gatiom, the Dean was quoted in 77Te ncr. limity on September 11, 1997 saying ''we The SLS office: Various ground level wony about this as an institution. I think as windows offer added excitement for exhibia university and at the divisional level there tionists. The myriad of leather couches preis an understanding that we cannot be com- sents comfortable options for those contemplacent on this issue ... We will, of course plating a group affair. Brag of your sexual think of other ways we can increase our exploits to friends via the free fax machine. profile in the Black community and Use the neighboring kitchen to store and beyond." reheat post-coital snacks. A coffee machine Fast forward seven years, and the poll is also available--brew steaming cups of makes it clear that most visible minority coffee for your friends to keep the action students believe that "complacent" remains going all night long. an appropriate label. A further unsettling Those rooms behind moot court: This piece of evidence is the fact that it was just could start as a sort of role playing game in a few weeks ago that the Faculty Diversity the moot court itself. Have one partner don Committee met for the first time since judges robes and pronounce "sentence" on school started in September. Indeed it is far the other from that high backed leather from obv1ous what initiatives the adminis- chair. Next, retire into dingy back:rooms for tration has engaged in, or even if it has acted punishment.

A

ultra vires Ultra V.res is the independent student newspaper of the Faculty ofLaw at the University of Toronto.

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News Opinion and Editorial Legal Issues Features Diversions Production Editor Production Assistant Copy Editor Business Manager

John Norquay Jonathan Desbarats Andrew Pilliar, Keir Wi\mut KeirWi\mut Lisa Cavion Adrian Liu Lisa Minuk Laura Bowman HeaTher Giannandrea Ian Disend Lisa Cavion

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BY SARAH HORAN, ALEX MACMILLAN, GENNY MCINNES & LEE WAXBERG

It's weird. In an institution such as this one -with a book thief on the prowl and enough law and economics workshops to gag Adam Smith-you'd think I'd never run out of things to complain about. This month though, I'm not feeling all that whiny. But 1'11 give it a shot just for you guys.

Utormail Anybody log in to their web mail lately? More correctly, has anyone tried to log into their web mail lately? If you go to the sign on page, just below the picture of the bookish beaver you' ll read: "UTORmail is experiencing continuing intermittent severe problems. It appears to be related to a new IBM disk array. We have a team pursuing alternatives towards a solution.

And IBM is urgently working on the problem."

I don 'I wan t to be n word snob, but can something be both continuous and intermittent? Huh? And how urgently do you think IBM is workmg on tbis problem, really? Either way, my email goes down more than Pamela Anderson at the party after a Poison concert. And to quote Michelle Tanner, "this is driving me bananas"!

The worst part about my email goin' on the blink is I don't get my daily dose of 6 emails from the administration. In the month of January I got 18 emails from Merril Boden (who, by the way, is a delightful woman) alone. Don't get me wrong, I want to know who's got chicken pox and when Merril's taking her vacation. r just get the feeling that someday soon I'm going to start getting forwarded jokes from the administration. Dean

8 FEBRUARY 2005

OPINION & EDITORIAL

17

Are violated U ofT law students Saba's Soap Box left swearing a Hypocritical Oath?

BY SABA ZARGHAM I

BY STEVE PENNER

Damels will start sending out those "how well do you know your friends, now pass it on to ten more people" forms. And then Lois Chang is gomg to pass along one of those emails from some sick child in Guatemala who just wants h1s email to make it around the world.

Also, without access to my email, I can't know when the CDO will reschedule the sess1on on building my professional wardrobe. Thanks CDO, but I know style.

If my Homer Simpson tie doesn't say "employable" I don't know what does.

Speaking of employable, here's a tip for all of you first years that I had to learn for myself: when you're meeting the fine people at Blakes, don't tell them you steal office supplies. Oh how I wish that was a joke. And while we're on the topic of careers, when you run into me on Bay Street (you working for a prestigious firm, me squeegeeing) please remember the joy I tried to bnng you. Remember my story.

Finally, when my email breaks down, I can never know where my next bagel is coming from. Does anybody else wonder why the law school's official food is the buttered bagel? Can there be one daytime event in which bagels are not the primary food item? l 'm scared to get involved tn school events, given the complex carbs that are flyin' around. I'm gaining so much weight I'll be able to play the preSubway Jared Fogel when they make the movie about his life story. To quote uncle Jesse, "Have Mercy"! Would it kill the school to put out a fruit platter?

The Trudeau Painting Is it just me, or does anybody else have a problem with the super-sized portrait of Pierre Elliott Trudeau at the front of the library? Not that I don't love the guy, but did the artist have to make his hands quite so hairy? It just makes me think about how hairy the rest of him probably was.

Anyway, I'm boycotting all events and CONTINUED P.20

Contributors Ben Arkin, Oren Bick, Rudhramoorthy Cheran, Leslie Church, Nicholas Daube, Oliver DeGeest, Ian Disend, Chris Essert, Ingrid Grant, Julia Guaragna, Peter Hawkings, Sarah Horan, Fern Karsh, Malcolm Katz, Jared Kelly, Jennifer King, Lmdsay Lang, Agape Lim, Alex MacMillan, Danielle Marks, Max Matas, James McClary, Sarah McEachern, Genny Mcinnes, Caroline Meyer, Geoff Moysa, Chat Ortved, Steve Penner, Tariq Remtula, Nicole Richmond Antony Singleton Caroline Wawzonek, Lee Waxberg, Diana Yeung, Saba Zarghami '

Ultra Vires is an editorially autonomous newspaper. We are open to contributions which reflect diverse points of view, and our contents do not necessarily reflect the views of the Faculty of Law, the Students' Law Society (SLS), or the editorial board.

We welcome contributions from students, faculty, and other interested persons.

Ultra Vires reserves the right to edit submissions for length and content.

Advertising inquiries should be sent to the attention of the business manager at ultra. vires@,utoronto.ca.

T he next issue wiU be p u blished on March 22, 2005.

Tbe deadline for submissions is March 16. Submission limit: 850 words.

Picture it.. .a frat house ... 1994 ... a boy spies a young lady next to the keg and decides to solicit her views on this crazy world. She explains that due to her desire to prevent the needless suffering of animals, she has become a hard-core vegan.

She doesn't even consume eggs, as she considers it akin to murder. Fair enough ... So he has another beer and asks her about abortion. She replies that she's strongly pro-choice. He immediately loses interest in her, and all confidence in her ability to logically comprehend the world around her. He tells her, "1 don 't care what you believe, just be consistent! How could you possibly value the life of an unborn chicken more than an unborn human? The only value you appear to hold is that of the 'cause' and the only thing you really seem to be against is logic!"

Even though it got a beer dumped over my head, I still look back on that night as the firs t time I was wounded in action in my ongoing war against hypocrisy. You see stupidity is one thing, some are born with it, some spend a lifetime cultivating it, and others have it thrust upon them. But the falseness in feigning to be what one is not, or in professing to believe what one doesn't believe in, is far more offensive.

More than a simple lie, the counterfeit assumption of an appearance of virtue is a moral fraud and an insult not just to the listener, but to the entire concept of human reason. Its very existence belittles us as an 'intelligent species', though the fact that we so often treat its advance with a degree of appeasement that would make Neville Chamberlain blush, is just as odious.

The following examples of hypocrisy, and the baffling absence of outrage that has accompanied them, have been sticking in my craw over the past little while.

1. T he Myth of Liberal Tolerance So I'm sitting in U.S. Constitutional when a professor, who shall remain anonymous, complains about some Justice who was a raving homophobe. Fair enough, who wouldn't agree that prejudging a group of people based on their proclivity towards some innocuous activity wasn't reprehensible behaviour? He then explained that this was probably due to the Justice being a football player. Now the rest of class just kept making the most out of their outlandish tuition by playing solitaire, but I was stupefied. Surely a professor wouldn't profess a belief against stereotypical pre-judgment that he didn't truly hold. So it must mean that tossing a lambskin with one or two other guys (or a pair of chaps) is an acceptable activity, while the athletic pursuit of a pigskin is somehow blameworthy. Aren't they both just a bunch of sweaty guys in lycra, crouching over, and smacking each other on the ass?

2. T he Myth of 'Racy' Equ ality Sticking with football and sex, repressed fans of the NFL erupted in outrage over Terrell Owens' towel dance with Nicole Sheridan on Monday Night Football. These are the same light beer

at this school. Mad at the continued use of the utterly tacky 80s technique of throwing those who are not mainstream swilling cretins who sit glued to the TV Ten people make into the 'weird/angry/bitchy' box and distemple every .Sunday to worship a league comments about, missing them. Mad that we have collecthat derives mmions in revenues from urn, an anony- tively managed to foster the type of intercommercials extolling the merits the mous column in nal culture that feels better about printing Coors Twins and Viagara, all the while an anonymous an entire page of pont1fication on going employing hundreds of buxom young law school paper. potty at school and another on the tragedy maidens to shake their pom-poms until the Work with me of lost toiletries, than about dealing with crowd releases their tension in an exuberhere. They ques- the poss1bility that someone may not be ant cheer, putting plenty of wood back tion said col- wholly satisfied with the ability of this onto the upholstered stadium seats. These umn's (ahem) mst1tution to change in the face of its same people nearly had a conniption when 'value', some in print, some in pers~n. changing demographic.

Janet Jackson revealed half a breast! All Some criticize it, some deride it, and Many people at this school have debatthis fuss over something we all, on aver- some just try to literally push it off the ed my ideas with me, and many of them age, have one of, and J guarantee have all pages. The critics almost unanimously thoroughly disagree with me. However, hung on to for dear life and sustenance fail to address the substance of the col- the critics l alluded to earlier are not part when we were at our most vulnerable. As umn, instead choosing to box the author of this group. They are not the ones who for T.O, think these holy-rollin • crackers in some general and vague, pejorative, come up to me and say:'Hey Saba, I'm would have been less irked if some jolly notion of an 'angry' person. Their crinot sure I agree with you about/see where white codger like John Madden had tiques marginally touch upon the specific you're going with [insert issue].' That I copped a feel off the belle of the ball, drivel the author has written. The author love. That is why I came to this school. rather than some outspoken guy whose is an ethnic woman, although that is not That is what I thrive on. I'm thrilled to sit father couldn't register to vote in some the topic of her column. around and talk about what each of us states until 1965?

Here's the question: is it relevant that thinks, and debate the relative merits on this column is a either side of the 3. Bush tells us that "Freedom is on the minority stufence. That's hot.

March " dent's opinion And that's why I Truly frightening imagery ... apparently and that nine of started writing in We need to question the I watched those tapes of Tiananmen the critics are the first place.

Square backwards. I thought it was the white heterosexsocial climate we create Why is it then brainwashed tools of violent suppression ual men and one that myself, and around us, which that were the ones marching ... The fact is, is a white heteromany of the -peop\e everyone one of us is the very words "preventive war" and sexual woman? \ rest>ect mos\ at "democracy" are more fundamenta\\y at As a simp\e, stat\\i.s. ~c\\oo\, ate t:CS?Onsib\e for . 'The odds with one another than the words tistics-based constantly being words of the lat~ pulled away livrn "Liberal Party" and "integrity". Which question, what is Professor B urey should at those stimulating free country on the face of the earth kills 1 the importance of conversations and people for harboring the tools to potential- ~ this? And what least push us to do that pushed into the does it say· about ly murder someone? Certainly not insecurities of peomuch. the vibe among Charlton Heston's home of the hollowple who don't point bullet. Democracies hoping to fight the students at understand why a (oops, I terror by generating greater levels of fear our system which was designed specifically should recognize that the hypocrisy of mean, said hypothetical) school?

As I sit around trying to figure out the to include them and exclude others gives masking violent suppression and homomost diplomatic way to broach these others grief, and them none. Is it so diffierotic acts of torture in the cloak of high morality, only serves to enrage whole cul- questions in my upcoming column, one cult to conceive that some of us would tures of ordinary citizens, whose tacit of my friends calls me and tells me to do feel isolated in a school where we have approval is what allows insurgents to a Google Search for 'Ronald Daniels'. I virtually no role models amongst our proeffectively operate in the flfSt place. While do, and find what she was pointing me fessors, no one to identify with, and a relthe quest for freedom from fear is man's to--an open letter written by the late atively small community of peers to comgreatest, given man's innate weakness, it is , April Burey, a disabled black female municate our experiences to? Is it imposone that should be pursued with humility, adjunct professor at the law school. The sible to see that some of us walked into letter addresses the problem of discrimi- this school without ever having met a and it demands patience, tolerance and natory practices in the recruitment lawyer before, and would have appreciatrestraint. No one was ever shocked and process at this Faculty, and just spoke to ed a place to tum to when our fathers, awed into respecting their fellow man mothers, grandparents, siblings or me at that exact moment. ... well, except for Ron Jeremy's fans.

Professor Burey wrote specifically cousins couldn't explain property law to about "the secretive and exclusionary us? These are all legitimate experiences, 4. T he Myth of th e Rule of Law I'm now convinced that physics stu- nature of many aspects of the hiring and the fear of validating them perplexes process; the oppressive nature of law me. dents could walk on water if they chose to.

We need to question the social climate school itself; the continued silencing at Why? Because apparently the study of a we create around us, which everyone one the law school of 'others' whose voices subject allows you to defy its application. of us is responsible for. The words of the Case in point, our comrade in the student are different; the lack of diversity within late Professor Burey should at least push the student body, particularly with respect body who stole, apparently according to do that much.

Perhaps there is nothus to to black students; and the continued his need, nearly $14,000 in property from ing there worth questioning.

Perhaps this unwillingness of the law school adminisOUR bookstore. You might think that the really is a matter of a fewof us of needtration to change." administration of a venerable institution ing professional help, or worse, really not The letter is 10 years old, but a decade that sees fit to extract a similar amount here at all.

Perhaps my friends belonging later, it is difficult for some of us to see from all of our pockets every year, ostenand I are just plain old 'angry'.

With a litsibly in order to improve the QUALITY of what has changed. tle investigation, we may find that there Discussmg this letter, in conjunction school, would want to take action and with the responses that my (oops, l mean, really is no problem at all. But if that is APPLY THE LAW against such a said hypothetical) column was eliciting, the case, then why is there such fear at the deplorable rejection of everything the my friends and I started to get good old- thought of even scratching the surface on LAW stands for. Astoundingly, no .. our fashioned mad.

Mad at the way alterna- these issues in the first place?

RULERS seem perfectly content to lean That is what the angriest among us tive voices are twisted and thrown back back and debate esoteric issues, all the in their owners faces m our mini-culture can't understand.

CONTINUED P.20

I

OPINION & EDITORIAL

18 LEJTERTO THE EDITOR

Uof M law games stunt disgusting : NLSA [)car Ultra Vires: It recently came to the attention of the Native Law Students Association that there were very racist and culturally offensive representations made of Aboriginal people by the Universite de Montreal team at Law Games. This information was provided by an Aboriginal Law Student from another school to the Indigenous Bar Association Student Caucus. An excerpt of the email detailing the student's observation reads: "I attended law games a couple of weeks ago in Ottawa. To my and several other people's dismay (and disgust) the team from Universite de Montreal had chosen as their team theme to dress as aboriginal people [and] they all had foam 'head dresses' and tomahawks. They also had drums and did dancing and chanting.

They had dream catchers hanging off their clothes, they wore fur pelts, carried snowshoes, a 'real' head dress etc. We asked several of the students from the team (around 35-45) what the meaning of the

Why I feel compelled to leave

BY CAROLINE MEYER

I am app~ring to do a letter ofpermission at Thurgood Marshall School of Law in Houston, Te:casfor the fall semester 2005 Thurgood Marshall School of Law is the law school of Texas Southern University, a historically black university. Approximately 57 per cent of its law students are black and 23 per cent are Hispanic. As with most law school applications, it calls for a personal statement. When I sat down to write my personal statement, I realized that my reasons for wanting to go to Thurgood Marshall were intertwined with my reasons for wanting to leave U of T Law School. As such, the first draft of my personal statement, reproduced below, seemed more about my feelings about U of T than anything else. So I thought, given that its Black History Month. that I'd share it with the U of T law school community, instead of sending it to Thurgood Marshall:

Vires, we were disappointed that there was no coverage of this shockingly disrespectful and irreprehensible behaviour.

The Native Law Students Association would like an account from the Toronto Law Games organizers about the measures taken to discipline the Montreal Team. In our view, the Toronto law school team should have had the moral wherewithal to have petitioned for the team's disqualification. What protocol will be implemented in the future to prevent such a reoccurrence? Should the Students Law Society continue to provide such formidable institutional support for an event that provides a forum for cultural appropriation and exploitation?

Combating racism does not happen passively, by ignoring it or refusing to name it when we see it. It is a social responsibility My law school experience at the that I hope this school takes very seriousUniversity of Toronto has been an exerly. cise in holding my breath. I've learned more about holding my breath than I have Respectfully, about torts, contracts and property law.

By holding my breath, I mean bracing The Native La\\ Students Association myself for the inevitable prospect of feeling hurt and disappointed.

The University of Toronto is arguably Canada's leading law school; it strives to attract the "best" professors and the "be»t" students. My classmates arc mostly white and upper class (a demographic common to a /most all /aw schools). They arc also mostly well-meaning, friendly and fun loving. But I still hold my breath around them. I know that good intentions don't pave the way to understanding and mutual respect.

The people at this school are incredibly sophisticated. I've always felt that I have a lot to learn from them. I wonder sometimes what the}' really think about their school-does it matter to them that the faculty doesn't have a single black professor? (And are they rolling their ~ves right no~~ as they read this-dismissive of something they think they've heard a thousand times and think they know the answer to?) Do they care that it matters to

Dressing like "Native Americans" for no reason has been a bad idea smce at least 1773 when the Boston Tea Party dressed hke Mohawks to incite revolution. 'theme' was and most said they didn't know, one girl even replied it was a tribute to the 'American Indian' and one said it was the tnbute the native students they didn't have. One told us that they were warned before hand that people may fmd this offensive, yet they chose to do it anyway. As far as I could tell I was the only aboriginal student there but I certainly wasn't the only person who was offended."

The Indigenous Bar Association Student Caucus intends to deal with this issue directly with the Dean of the Universite de Montreal, by asking for account of the rationale behind this team's theme and for a formal apology. However, the Native Law Students Association was surprised to hear about this occurrence in such an mformal manner. Given the fullpage spread law games received in Ultra

Ed. Note: UV contacted the organizers of Law Games to determme whether there was any response to the U of M "theme" at Law Games. Orgamzers Keir Wilmut (11) and Malt Pierce (lll) noted that the issue was raised at a captains' meeting. U ofT organizers and organizers from other schools expressed the opinion that the U of M theme was not appropriate.

Law Games organizers also say that the U of M captains issued an apology, and explamed that the outfits were, however misgu1ded, an attempt to honour Native tradition.

ULTRA VIRES

me? Would they try to understand why it does matter, if I tried to tell them? I hold my breath because I have a strong suspicion that the answer to these questions is no. But that's the thing about sophisticated people· I could never ask these questions and get an honest answer. They know how to rationalize and they know how to make you feel bad about yourself for even asking.

During my first year, I volunteered at Downtown Legal Services, the law school's poverty law clinic. As with most poverty clinics, its clientele is overwhelmingly composed of visible minorities. I held my breath during every shift. It was too much for me, trying to tit in with the students, when in actuality, I probably had way more in common with the clients. Everyone wants, at some point in their lives, to be a fly on the wall, but for me, gaining insight into some students' perspectives on themselves and on the clients (and by extension, on me) was so hurtful and scary, I wanted to cry. I

alw·ays wanted to know: what do you think your clients think of you? Do you think that it is enough to be "nice" to them and work hard on the legal issues of their cases to overcome the barriers that set you apart from them? Don't you think these barriers impact the quality of the attorney-client relationship and the representation you provide? Do you want to learn more about the communities you represent or do you think that you know everything you need to know? Don't you think that havmg law professors from the same communities you are trying to help would teach you about the challenges your clients face?

I have gingerly broached these questions with students before but quickly lost my appetite for the polished, high-level equivalent of street brawling. Intellectual battery (usually employed via the oh-sosmarmy tactic of belittlement) left me more exhausted and hurt than any physical blow. Students got defensive when I asked questions that threatened their perspective (and their positions of power) and talking about issues of race will soon bore or confuse even the most sensitive of them, since they don ' t see themselves as part of the problem. Even worse, some think I am trying to make them feel guilty and express false empathy to get the hell out of the situation with their self-image intact. Sophisticated intellectuals, they express their feelings subtly, cloaked as "objective reason", and it is so incredibly effective that I barely notice I've just been socked in the mouth until they've already wa lked away. And I end up crippled by the shame of letting myself get emotional.

I'd like to point out that if I've made the students at the University of Toronto Faculty of Law sound blatantly ignorant or dismissive, then I haven't painted an accurate picture. They are so brilliant at communicating the1r good intentions through their missives and in the1r actions, that they almost convince me of their sincerity, sometimes. But I know better than to be fooled because I see that they are very comfortable with the makeup of the faculty and of the student body and of the power dynamics that sustain them, all the while pretending to want to improve the world.

I want to come to Thurgood Marshall School of Law because I need to catch my breath.

I know that every school has its advantages and its weaknesses; I would just like to expenence an environment that has challenges and strengths of a different nature. Thurgood Marshall, with its reputation as a school that appreciates the need for racial diversity within the legal profession and actively seeks to pursue this goal, will be a radical, and welcome, change of pace. It is a powerful feeling to know that I could go to a school that validates me and genuinely appreciates the positions I may take. I won't have to do the obligatory "visible minority" headcount when I walk into a classroom, looking for possible allies among the faces in the crowd. I am giddy (perhaps unduly so) at the prospect of having Black professors (for the first time ever!) and of being able to connect with students who may or may not share any of my views, but around whom I can breathe.

OPINION & EDITORIAL

8 FEBRUARY2005

19

Jobless, broke, and without prospects Aguide to summer bliss

BY JARED KELLY Ah. to be a first year law student. We are a fortunate breed. It may seem at times that all we do is stress about grades, curves, short papers, long papers, pluses (thankfully no minuses), what the hell "business casual" means, and who in the world Merril Boden is. Yet, if we think about it, we truly are lucky duckies. And no I don't mean we are lucky to be privileged, educated Westerners, because if you haven't figured that out by now, then please stop reading and go sit m on that make-up seminar on how to dress professionally. What I am referring to is something much more proximate, something that if we don't take advantage of it, it may be too late.

Before l can enlighten you, a brief pop quiz: do you have a summer job yet?

To those of who answered Yes If you answered yes to either question, then my article may be a waste of your time. But before you continue (or stop) reading, know that I congratulate you: you have done well. May you live long and prosper.

To those of you who answered No Forget what I said to those who answered Yes, l was merely trying not to make any enemies. Now smile, pat yourself on the back, and make plans to treat yourself to dinner, because you are one of the luckiest people reading this issue of Ultra Vires.

The reason is simple: you arc still free. Be proud, stand up straight, pull back your shoulders, and hold your head high, for you have what most of the world does not: true freedom.

Think about it for a moment. After this summer, what awaits most of us? Eight more months of studying, followed by 4 months of working at a firm, followed by eight more months of studying, followed by 12 months of articling, followed by about 480 months of work, followed by dentures, cheap movie tickets, and a bad hip. Sure there will be the occasional vacation. but for every week of relaxation we' 11

need to put in about 16 at the office.

From the end of this April to the beginning of September you have the opportunity to have less responsibility, fewer deadlines, more late nights, and more lary mornings than at any other point in the rest of your pre-retirement life. All you are missing out on if you don't get that dream job this summer is the opportunity to kiss off that last four months of blissful freedom. But what are you to do then? Surely, you won't be satisfied if you just s1t on our hands and watch reruns of The Apprentice all summer. Frankly, I'd rather have the firm job than that.

Tips on how to exercise lOur freedom Volunteer. If you haven't met Noah Novogrodsky yet, go introduce yourself (he's nice). He will then introduce you to a long list of organizations that would be all too happy to take on a law intern for the summer. Or even better, if you don't feel like walking up two flights of stairs, you can find the list on the faculty webs1tc (search IHRP internship). After that, Googlc it. Doing a human rights internship is a sexy option on a few fronts. Not only do you get to help people, but you also gain real woFk experience. And let's not forget the fact that it allows you to travel, which brings me to my next tip.

Travel. If interning isn't your thing, then go see the world anyway. Sitting on your hands and watching The Appremice reruns in India is still a lot more educational than doing it in Canada. Plus, there arc a lot of other things to do too! H ere arc some suggestions: Learn Spanish . Some of my best summers were spent studying Spanish in Guatemala. Lessons are one-on-one, the teachers are great, and you can sta}' with a local family if you like. It's also the cheapest place in the world to study the language, and one of the most fascinating and beautiful ($1 00-150 a week will get you 20 hours of individualized lessons AND room and board with a family). You can p1ck from isolated, jungle laden villages, to

Fern's first year in review

BY FERN KARSH It is difficult to know what to expect when starting at a new school and a new program, especially a professional program, and espec1ally law school.

So were the rumors true? Is U ofT law anything like what I expected? While the class of 2007 may be predominantly type A (a group I thought I fell into until I came here), and there may be the occasional puking-in-the-locker-room mishap during December exams, amidst the overly zealous, overly competitive, overly neurotic and overly caffeinated typical law school proteges is an unexpected assortment of characters that includes computer wizards, world travellers, deans of graduate studies, chronic gamblers, and balloonblowmg unicycle-riding ex-buskers who live in the basements of deans of graduate stud1es. I don't know if the admissions committee was looking for diversity or eccentricity, but it certainly found the lat-

tcr.

Thankfully, any criticisms that I have about this past year relate mainly to

Asthma aside, I think I can speak for everyone (or at least myself and a couple of others) in saying that this year probably surpassed my Paper Chase/Legally Blonde expectations of law school. peripheral matters: things like the washrooms, the coffee shop that doubles as cafeteria, the utterly unpredictable classroom temperatures, and, of course, the moot court room. It's odd that at a "law

beautiful colonial cities, to chill lake-side towns perched amongst volcanoes. And the people are wonderful. (Volunteer work is aplenty. Ask me if interested.) Four weeks of lessons and you are having conversations. One week and you are talking about the weather while buying tacos (i.e. more is better).

See Southeast Asia. I doubt there exists

offer. Turkey also has great beaches, Cappadocia (Google it). and wonderful food (plus, it's inexpensive ... you may notice a theme developing in my travels), but what really sells Turkey are the people.

Where else will a retired General spend his afternoon making sure you don't get lost, or will grown men walk you hand-in-hand through their fields (it was innocent, I assure you), before their family invites you in for dinner?

Get away from people like us. My final tip is this: No matter where you travel to. make a conscious effort to go beyond the usual tourist trappings and venture to those places that aren't covered in your guide book. My best travel experiences always involve locals I met along the way, people I wouldn't have met ifl was Lonely Planet hopping. If you are concerned about a place in the world that offers the shoe- safety, ask around while you arc there, but string traveller more than Southeast Asia. more times than not, it is the less touristy Sure you can pay $10 for snooty Thai and places that are the safest for travelers Vietnamese food in Toronto, or you can (because they aren't expecting you). pay $1-2 and go to the source. R1ver-s1de Financing your freedom. If you bungalows, air-conditioned su1tes, and haven't caught on yet, Scotiabank will charming guesthouses can all be had for g1ve you (ok, loan you) $20.000 this year. under $5 a night. Besides the prices, If that IS maxed out, then try Royal Bank Southeast Asia has incredible attractions. for additional funds (they trust future Stunning beaches, lush vegetation, crary lawyers for some reason). We will spend rock formations, forgotten wonders of the about $90,000 for our legal education; world, and truly friendly people. For some- $5,000 for one summer of\ifc education i~ thing more somber and thought provoking, a great deaL lnvest in you~e\f: you are one can also visit remnants of the Vietnam worth i.t. (or as they say, "American") War. ~>r \he D ea\\nv, ""\\\\ Dad. \ her.:: w\\ \ 't'l.:: killing fields of Cambodia. n:JY~Byers. tho.<;c who refu., c to nckno" J-

Doing a human rights internship is a sexy option on a few fronts. Not only do you get to help people, but you also gain real work experience.

TraHl Thrkey. After you arc d one

.\CC-

edgc that spending a sw nm cr domg , m nc-

ing 16 countries in 17 nights, cap your European vacation with a month in Turkey.

Often the favorite spot on the European itinerary, Turkey is a country of contrasts.

It's hard to describe the feeling of sitting down to enjoy a Big Mac. only to be interrupted by the beautiful song of the imam echoing through the city, calling the faithful to prayer. If riding on air-conditioned VIP buses is your thing, you are in luck. If hitching rides on mules tickles your fancy, just hop off the bus and someone is sure to

thing that makes you happy is not a waste of time. They may be Mom and Dad, or your over-achieving siblings, or even. but Jet us hope not, your peers. What we must remember is where they are coming from.

To put it succinctly, please allow me to quote a man who knows more about enjoying his time off than any of us, and also who just so happens to be the leader of the free world: "They are jealous of our freedom "-George W Bush Maybe he is on to something.

school," where you'd think there would be an ever-present concern over liability for injuries, no one has ever thought to fix up the man holes lining the back row of MCR. As for the state of the washrooms I need not elaborate. As for the Starbucks, I'd like to find out whose bnght idea it was for 500 law students to live off of muffins and cookies for three years. At the start of September I had doubts as to whether I could get through the year\\ ithout becoming fat, anemic and diabetic.

Instead asthmatic-that's thanks to Law Games, though, which is another story entirely.

Asthma aside, I think I can speak for everyone (or at least myself and a couple of others) in saying that this year probably surpassed my Paper Chase/ Legally Blonde expectations oflaw school. And so I leave you with my top 5 first year memories: 5. Getting ready to advocate in the moot tryouts for the right to discuss asparagusrelated sexual fantasies because apparently that's what freedom of expression is all about.

4. Dave MacFarlane (I) and his numerous aliases that lasted only until all the profs ganged together and put his fun to an end (ed note: for those of you not in the know, MacFarlance, lovable prankster that he is, developed a reputation earlier this year for providing fake names, such as "Sven" and "Johan", to his befuddled professors).

3. Free food and beverages events that resembled the yearly "running of the bulls" in Pamplona. You'd think they were giving away the crown jewels, not bagels and peanut butter.

2 Condensing 3 lectures worth of Palsgraf notes, including mathematics, flowcharts, philosophy and Venn diagrams into: "P must be within ambit of wrong."

I . The less than stellar teacher com· ments on classmates' short paper bridge assignments: "Your paper clearly indicates a motivation problem with these pass fai l bridge assignments," and: "Your paper truly lacks substance. But your organization is so poor that if you had any substance I don't know where you'd put it.''

It's been a slice.

•

ULTRA VIRES

OPINION & EDITORIAL

20 BEEF CONTINUED FROM P.16

\\ere in line at the unemployment ofiicc.

You'll never sec a more motley crew of gatherings that happen at Bora's head. individuals (except maybe at a La\\ & From now on, when I have a group project Economics workshop). And I hear that ~c're meeting at Trudeau's hands.

Flav and Brigitte have started bumpin' The book thief uglies. I highly recommend the show.

Jlas anyone been in FLC lately? 1 don't On a more personal note (though still know ~hy, but I feel strangely compelled not serious) a number of my friends have been victims of book theft in the library.

11ot to take the wheels otT of classroom chairs (which, by the way, is strange And if that guy's not charged, me and my tx:causc I love sitting in a chair that can't posse arc gonna hafta take the law into move and rocks unevenly). Oh wait, 1 our own hands. Coming this March, we're know \\hy- bccause someone has posted setting up a sting operation. So, book three neon signs at the front telling me! thief, if you wanna stay out oftroublejust \\'hat exactly are they trying to accom- leave a certain admm text and a certain plish? I'm pretty sure everyone knows labour law text under Trudeau's handswhy the wheels arc going missing, and it no questions asked. Otherw1se, to quote isn't students who mistakenly thought Michelle Tanner, "You're in b1g twouble, they were meant to be removed. I think Mister." the front page article m the last cd1llon of UV accomplished as much. Then again Don't drop the soapbox So it seems that a number of people maybe we're just trying to make the school look as ugly as possible. Nothing thought the note about Saba's soapbox tells visiting professors and dignitaries was "mean". I think Stephanie Tanner put we're a world class institution like neon it best when she remarked "how rude!" 1 suppose when you look at it objectively, a signs warning students not to steal.

Anyway, after reading last month's comment about trying push another colart1cle, I had a few questions about this umn out of the newspaper without any whole book thief operation. For starters, further explanation is indeed "mean". why not plant a real camera, instead of Maybe I am a big meanie ... a real d-bag making one up? And if you're worried . . a big poopie face. But before you send about the ··charter" and the thief's me in for electro-shock therapy consider a "rights," don't worry, my B in Evidence few things: Nothing written in this coland years of Law and Order tell me the umn is based on any sort of reality; and camera woulda been fine. Also, 1f they I'm far too much of a coward to ever actuknow who he is, why not charge him? If ally criticize someone to their face.

So here's the real reason for the dig at \' d known that\ cou\d stca\ over$ \0,000 worth of 'f100ds from the scnoo\ with no Saba. She got a sassy caricature and we tl:~~:n:u.,s\ons,

\

wou\d have h()\s\cu

"\ re'tll\1:.\)\;\r.'~ '::>\J'-1 a \ong t\me ago . ..\ 'o boo!.. lh~e;.•l: uhoc~c.:r >·au c.ln.· I ho.l\(."

tfli., to ·'·1) to you. To quote Joey "Cut. It Out". A!i an aside, if you have a chance

cht:ck out the Surreal Life on Much More Music. I almost lost it \~hen Dave Coulier pulled out his sleep machine and showed it to his roomie Flavour Flav. Throw in Charo, Jordan Knight of New Kids fame, and Brigitte Nielsen, and you have so many dried up careers you'd think you HYPOCRISY CONTlNUEO FROM P.17

while choosing not to enforce any discipline agamst a very real and very criminal degradation of our school's QUAUTEE (misspelled on purpose-that's irony, hypocrisy's more competent twin).

W~y aren't we all pissed otT about this ~bd~cation of responsibility and travesty of JUStice'! These little princes charge us a multiple of what they paid for the same privilege of skipping down the soon to be sold-otT stairs of Flavelle, and when they have the opportunity to stick up for the rest of us and protect us from someone looking

have a \i.nife on a ~\ab of bed. There, \ ~m\u \\ . . . are you happy'? So hov. abou\ thi, l..'t \ Jun·~· a UV contc...;t Whoever cun dmw the best caricature of 1-\.Jwt tlwy

think William B. Stinchcombc looks like wins u prize. First prize: $ 14,000 worth of books. Second prize: an assortment of office cha1r wheels.

Back to the topic at hand- if you thought the comment was mean. my apologies. But, if you're not Saba and it still bothers you, get over yourself.

to harm the common resources we all share, they decree that concepts like QUALITY and EXCELLENCE needn't apply' Isn't this a SCHOOL OF LAW? It's like the Dean of Dentistry telling us there's no need to brush, just wrap your lips around a tailpipe and 5iwallow whatever foulness emerges. Arc the Law Faculty's leaders afraid of the potential damage from bad publicity? I fear it's not nearly as great a threat as the damage to the integrity of alma mater if we are forced to sit for the bar alongside a common thief. But I guess I'm just not as tolerant as they are .. . arc you?

r

Is the Helicopter Game the delight of all Section 1?

BY CHAT ORTVED I write this at risk of sounding like a curmudgeon. I don't know when I turned into one of those obnoxious mature students who perpetually worry about getting the most of their education. I used to make fun of people like me. But when I sit near the back of a lecture hall, looking out across a of colourful pastiche Solitaire green, Minesweeper grey and the photographs of your weekend in Kingston (boy that looks fun), I'm surprised. UV was just playing for the picture, honest.

And when the pair of chimps sitting on either side of me start n 't crash into the b1g rectangular obstacles snickering back and forth about some suspended in m1d-air by frantically clickhalf-witty one-liner circulated in an IM ing your mouse. Sliced bread is nothing compared with this. message, I'm distracted.

"It's like navigating around the DeathI'm all for witty retorts, sharp banter and exchanging opinions with fellow stu- Star," said one jubilant gamer after dents (who's against that?). I just don't Constitutional law, fresh from beating his score. want to listen to you giggle like a pre-teen high "The only rcatelling a dirty joke when I'm listening to a I don't play son lecture.

But I have no beef with IM messaging during class is my ir it's done quietly. The Helicopter Game because \hat ~:veryone seems to be playing. on the mouse is too other hnnd, is a different matter. No maller llow deep and quiet their tocus, people

playing the llelicoptcr Game are more aggravating than a bad case of scabies.

This \Vaste of time has been going around my section like the common cold in a kindergarten, and, inexplicably, it's more

loud," unnthcr Jnli>m11:d me.

flow considerate.

I don't want to sound self-righteous about paying attention in class. If you want to waste your time, go ahead. You'll probably still get better marks than me.

But when you're tapping your mouse in ragtime to keep afloat a distractmg little chopper, and doing it in the middle of class, you ' rc spinning other people 's rotors.

At Fraser Milner Casgrain

LLP,

summer and articling students are an essential part of our continued

success. Our program is challenging and the demands are rigorous, but with over 550 lawyers and

160 years as one of Canada's leading business law firms, we offer an experience where you can attractive to the human eye than a pair of bonobos full of Spanish Fly are to each other. Here's an overview of the rules: there's a little helicopter flying through a tunnel, and you have to make sure it docs-

A LAW DEGREE WON'T GET YOU INTO A COURTROOM. WE WILL.

grow and succeed. To find out more, please visit our website at fmc-law.com/careers.

FRASER MILNER CASGRAIN LLP

If litigation is your passion and becoming o top counsel is your goal, moke sure you work ot 0 firm tho! hos built its reputohon on advocacy. lenczner . .Slaght is the leodrnn • Conodion litigation firm , highly rated by both Chom be rs ond portners end LEXPERT. For more 1nformotoon conlod Perry Hancock, Student Co·ordinator: 416.865.3092 or phoncock@lsrsg.com

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You're looking for an opportunity.

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YOU WAHf TO BE ON OUR SIDE.

22

DIVERSIONS

ULTRA VIRES

SMORGASBOARD: UV FOOD REVIEW

Good Thai-m for Takeout REVIEW BY CHRIS ESSERT

If you grew up in Toronto, the phrase "Kensington Market" should bring back memories of the good old '90s. when everyone hustled downtown for the latest

in Oanncl and bong fashions. If you live ncar the area no\\, you'll probably conjure up images of European Meat Market, Oxford Fruits, and Cheese Magic. But restaurants'! That's the last thing on any sane person's mind when they think about Kensington. For a long time, food options in Kensington were limited to empanadas, beef patttes, and a place called Hungary Thai ( 196 Augusta), which is more than just a pun-they actually served both Hungarian and Thai cuisine.

But in the last couple of years, more and more restaurants have been opening in Kensington. It's getting so crazy that the Toronto Star published an article about it recently ("Buzzing about the 'G' word", January 22, 2005, Page B I). There's The Restaurant (69 Nassau), the tiber-cool Supermarket (288 Augusta), and the fabulous neighbourhood fixture (well, since 2002) La Palette (256 Augusta).

But seeing as how this is a budget pub-

MOVIE REVIEW: .

Kevin Bacon delivers powerful performance in 1\\e 'Hoodsman REVIEW BY JENNIFER KING AND NICOLE RICHMOND

_The Wo?dsman1s about the remtegrJtion ofu convicted child molester back mto s~cJcty after spending 12 years in prison, but it never sensationalized

~he cnme or the criminal. This quiet movie is not a typical crime thriller, it ts a bare character study of Walter, played deliberately by Ke\ in Bacon, and a select few people Walter encounters at work and in the community (notably, a wel_l-cast Eve as one of Walter's co-workers). Walter struggles t? overcome hts personal demons, released on parole with certain conditions: t~t he can't be within 300 feet of a place where children congregate, t?at he •.s unde~ constant supervision, and that if h<.; commits any molesta~ton, he tmmedtat~ly. returns to prison for life. This small story's plot is only tmportant m how tt tmpacts Walter's deeply internal struggle.

The Woo~"man may be particularly interesting to law students, not as a stud~ of _crunc, but a particularly balanced study of a "criminal". This movte nctthcr presents Walter as a mon~ter nor simply the misunderstood but. atdcd

by Kev·m B aeon 's nuanced perfonnancc, presents a view of a' . :nmmal as a brother-m-law, brother, lover, and neighbour attempting to hnd s~lf-co~trol in ~rder to be normal. Without giving away the emotional~y trymg_ climax, thts movie challenges those of us who so easily seck to JUdge ch1ld molesters. · · movte · and Kenn · Bacon's acting is con. TheW . oodsman ·ts an mcredtble vm~mg and powerful. The plotline is insightful and, although at times delt.berate to almost a fl~w, the movie helps challenge the special contempt soctety reserves for chtld molesters. We both really liked the movie and would rccommend·it.

lication. I thought I would stick to a more budget choice: Chieng Mai Thai Cuisine ( 147 Baldwin, at the Comer ot Spadina, which, line, ism Kensington only formally it's about a~ close to the edge as you can get, but still. .. ). With two roommates feeling sickly, we decided to take out, and by reading online reviews. and taking nutritional notice of the sorts of things that Thai restaurants normally have, we got a pretty good idea of the menu and ordered lemon chicken soup ($5), cold rolls ($4), spring rolls ($4). pad thai ($7), peanut chicken ($8) and green curry beef ($8).

Being the non-sick roommate, I got sent out for pickup. The place was pretty dead and, to be honest, not that pleasant. But the service was ridiculously nice (they gave me free passes to see Ong Bak, that new Thai action mov1e. I couldn't use these passes because I had to go to the opera, which is really too bad because I'm totally dying to sec this movie) and it's more of a

takeaway sort of place anyways, so who really cares what it's like mside.

And since takeaway was what we were after, the only important metnc for measuring the success of the restaurant was the food. The food was very good. The cold rolls were a bit odd, but the spring rolls were excellent. I passed on the soup, but apparently it was a success. The green curry beef was excellent, and so was the pad thai, if a btl spicy for my famously weak palette. The real star of the show was the peanut chicken, which was deep fried and covered in peanut sauce, yet still managed to retain its crispmess.

To be honest, most low-budget Thai places taste pretty much the same to me.

This one was closer than any other one to my new College Street abode, so I had wanted to give it a try. It's certainly successful for what it is, so if you 're into the Thai cuisine, you should get on over there.

Although don't expect free movie passes.

DIVERSIONS

8 FEBRUARY 2005

23

UV Teatro del absurdo presents: "Saved by the Bell Curve"

BY IAN DISEND

IJlhen the year starts in September I and I can hardly remember What a contract is and }that is a tort?

By the time I've bought my books I and I gil·e admin a look I just forgot about the meeting for my damn moot court Iiiiiit ~·alright, 'cause I'm saved by the bell cun-e!

BY LISA MIN UK People l: BecmMey (Michigan, 1907)

time-out end'l>

Zark: Uh... Dean Belding had me Theme song:

Case Briefs m

detention.

Krl.lx: On a Sunday?!

sct:ne>

Slater: Hey Preppie, T heard you stood Kelly up last night at the Max! Screech: He said you'd say that when I Zack. Oh no! <slaps forehead> J totally gave him the excuse! <pause> Oopstc! forgot! I'd better concoct a zany story of <slaps forehead> why I wasn't there! Help me out, Slater!

Zil£k: Screech, you moron! <turns around S!!!.tY: You're on your own here, Preppie. and slugs Screeclt in the shoulder; Ask Screech if you want another bail-out. Screech falls over, and Slater catches <as Screech Powers is entering>

him>

~:

Screech! My man! Quick, give me an excuse why I wasn't at the Max last night!

Screech <horribly overacted, maybe cracking voice> Dean Belding had you on detention?

ZK!!: On a Sunday night?!

Screech: Oh, ob, I know! It wasn't Sunday! Or nighttime! And Dean Belding had you on detention! <Zack gives Screech a push in disbelief.

Screech: Lisa my love! Save me! .L.rn!: <unimpressed> Save you? I'm not even sure why we, the five coolest kids at the Faculty of Law, even hang out with you. I mean, look at the social gulf between us! How the hell did you even become friends with us? ~: I think it bad something to do with the Hayley Mills days. ~: Ease up, Preppie! Not Screech's fault you suck as a boyfriend!

and Screech falls back with a very exaggerated movement> <Kelly Kapowski, Lisa Turtle and Jessie Spano enter> Simr: <to Jessie> Hey mama! Gonna

<Dean Richard Belding rushes onto the scene in a panic>

fum: <disgusted, rolls her eyes and makes an 'ach 'noise> You're such a sex-

ist ptg•

Sl!!.ttt: You keep saying that every episode and yet you're still going out with me. ~: 1 know, 1 also starred in Sholtgirls, but nevertheless ...

Kdh: <is furious with Zack" So where

were you last night, Zack Morris?

Zack: <turns to the audience, making the "time· out" sign with his hands> Time out! <el·eryone freezes in ret}' unnatural positions; Zack addresses the audience>

z.ru·

What Kelly doesn't know is that Jesse and I inadvertently hooked up last night then looked at each other surprised and said, "did that just happen?!" But it did! But she was on mind-altering drugs in preparation for her singing competition and doesn't remember a thing! <pause ... nonchalant> Aw, who cares.

Beardsley (to occastonal mtstress): My wife is out of town. Seems like a good time to continue our tornd a flair, Babycakes.

justice for a lunchtime game of charity fussball! ~: That sounds kind oflame ... ~·But. . we'll ~ervefi'ee pi::::a!

Enryonc: <enthusiastic... "alright!"

ThevDO

TIVO DA't SLATER

"that.~ awesome!" "you've done it!" ere> ~: Wait. .. don't you find it odd that

< A. C. Slater and Zack Morris an·h·e on

come cook me some dinner tonight and then do some other things not suitable for an after-school children's program?

<reali::C!s she:~ right Oh yeah ...

-out loud> let's bring in a Supreme Court

Zlli:

Beldin2 Oh no!

n't let me finish the scene with a poorly scripted, contrived one-liner! .s.!Aru: <checks his watch> Alright. .. go for it.

Screech: <clears his throaf> Supreme "Court"? Shouldn't it be a tcnni.s match'H

<et•eryone groans and waller i!IJ> <a couple notes on the guitar to mar.< the

scene change as everyone arrives again>

<Justice Rosalie Abella enters the scene with Belding ... the crowd cheers the celebrity cameo>

KrlJx: L h, Zack, why are you whispering?

Beardslev· Calling an ambulance s~cms like a lot of work. I'll just move her to the basemeot.

Blanche Bums lies there for a while, and then DIES.

Supreme Court of Michigan: Oh come on. The deceased is over 30, a divorcee and accustomed to visiting saloons! Saying there was a common law husband-wife like legal duty would be repugnant. I think it's clear Bearsdley is the rea\ victim here.

<everyone starts walking off> Screech: Wait! <everyone stops> You did-

Beldin2: Our Faculty is toast! We're going under! We'll have to merge with SUNYRochester! <grins briefly upon reflection> Wait, maybe that's a good thing ...

Everyone: <confused... "what do you

<el·eryone but Belding leans in and Zack starts whispering a plan>

DRl'VKS and rakes A LOT olMORPI/I.V£. FAINTS .

GoooooooooUniversityOITorontoFaculty OfLaw!!

Jnm: I can't wait! Justice Abella is going

Beldio2: As part of that whole "consulting the students" process, we had to freeze tuitton at a meagre $18,000 a year! And now all our professors are JUmping ship!

We just lost Shaffer to UNBC and they don't even have a law school! We're going to have to shut this operation down! lack, thts is all your fault! ~: My fault?!

Beldin2: Sorry, I'm just used to blaming you for everything.

Z!ltk: <nostalgic> Like the time I started umon organizing among the Sodexho employees?

Bcldin2: You \\.hat?!

Zlltk: Urn. never mind. What about the faculty'?!

Lisa: Yeah, if I'm not in law school any more, all my friends will think I' m pretentious and shallow!

Screech: I'll still love you, my dear! lli!!: <exasperated> Will ~omeone please tell me why we hang out with him against all reason?! Shouldn't we be traumatizing him, and then regretting it later when he's rich and we're still worrying about our wardrobe? .zlli: Wait. 1 have an idea that'll save the faculty!

Blanche Burns: That's it. I hate my life.

<all the students put their hand~ into the middle of a circle for a cheer'>

ZAtk: What is it, Dean Belding?

mean?" "what are you talking about?" etc>

Beardsle): That was nice. But my wife is coming home today, so ... could you clean my apartment and then leave?

the six of us seem to be involved in even• event that happens on campus?

• ~: Not at all. .. don't you know John Norquay or Scott Kirkpatrick?

Beldin2: You know, Zack. your completely impulsive and irrational plan might just work this time! ~: What do you mean "this time"? My plans always work! Guaranteed within 30 minutes or less.

Beldin2: Hey, it just so happens that Rosie Abella owes me a favor! I'm sure she'll do it!

to be here any minute!

AlWI!!: Well, Richard, how nice it is to see you again!

Beldin2: I'll say! Thanks to this event, we somehow managed to lock up all of the professors to thirteen-year contracts!

AlWlil: All of them?

Beldine: Well, not Benson ... he kept muttering something about unconscionability or something.

AJ2rll.!!: Oh, excellent... then we don't actually have to play the fussball game, do we?

Beldin2: I suppose not.

Zack: <to his friends> We did it! We saved the faculty• all cheer> Kell} : Oh lack, I'm so proud of you! I've already forgotten about the Max.!

Zi!di: Whew! And here I thought she was going to find out about me and Jessie.

Kelly: <furious> You and who?!

SJ.i!!u: <furious> You and lrho?! ~: <furious> Me and who?!

fui:

makmg a special appearance>

Who am!?! ~: Crap, didn't I say time out? Time out! Time out! <tries ro make the 'T'sign, hut it doe.m ~ work... chased out of the scene by the two girls. Slater follows .

Belding and Abella exit the other way.

Screech and Lisa remain.> l..i5.!!: <sees Screech ogling her> Ugh, get away from me! <walks offset. Screechfollou·s>

-The End-

Acquitted 1

Ear\)'

feminists~

\ w\sh we cou\d vote.

Miller v. Jackson (England, 1977)

Cricket batter: Oh, ripping! I hit a six!

Mrs. Miller: AAAGGGGHHHHHH! I think my ann is broken. Not to mention my backyard garden gnome.

She SUES in NUISANCE for an INJUNCTION

Lord Denning: You know what you are, Mrs. Mitler? A selfish, whining, cricket hater. Why don't you do us all a favour and move?

She DOES.

Law students: Tee hee. He cares about CRICKET R. 1: Ladue (Yukon, 1965)

Ladue: Strolls.

La Ia Ia Ia. Set's female CORPSE on the ground. /fa1

SEX with it.

Police: You're under arrest for interfering with a dead body.

Ladue: What? I totally thought she just was alive and unconscious! 1 don't have the mens

.

rea.

Davey J.A.: You intended to do evil and you did evil.

Lets not get all legalistic here.

Com:icted

.

Young Judge Judy: I want to make judgments like that someday.

..

DIVERSIONS

24

ULTRA VIRES

Super Bowl XXXIX, pigskin for professors BYOLI DEGEEST

As this article is being written, the Super Bowl is 16boi than a week away. Arguably, the Super Bowl is the sporting event of the year, though the game itself is rarely the focus. People from all walks of life are drawn to this yearly spectacle, placing bets on every disputable issue known to man.

Even the length of the national anthem peaks the odd-makers' interest.

Unfortunately though, what often goes lost in all the hoopla are the legal implications of this grandiose event. For that rea~on, I sat down last week with a variety of our law school professors to hear what they think about the upcoming clash between the Eagles and the Patriots. These are their thoughts ...

Rogerson and Shaffer: As family law authoritie. neither of these professors were too bapp)' w\tb the Super Bow\, \et a\one \\\w:;e \\\a\ -p\a)' \'1.)(')\\)a\\ . Rogerson (quoting \.a\'ot~\

\n Edwon.ls Boob) d\sa'l''l'tOVe,\

that all games \\ere played on Sunua) thus taking away from the sanctity of an important day ofT. ShafTer, meanwhile, noted that most players had at least three out-of-marriage children scattered throughout the country. Ne1ther profes~or cared to comment on spousal support.

Duff: This tax guru was barely available for comment as his servrces were already engaged in a pressrng issue.

Specifically, he was trying to figure out whether hot dogs are deductible as a business expense if the person that buys them is entertaining clients. Consistently, the sec has ruled that since football fans eat hot dogs anyways, this action would not be sufficiently anomalous for the deduction to be allowed. Duff reasoned that a half deduction should be allowed, or a full deductron if the food was healthy.

Revenue authorities could not be contacted as the Income Tax Act was currently being amended.

Phillips and A. Weinrib: As the Super Bowl changes location each year, these property geniuses needed to refresh their knowledge of Florida land laws. Having done that, a debate ensued over whether the goal posts are chattels or fixtures.

Citing Fort Frances, Phillips offered a persuasive argument that since many teams play sports at ALLTEL stadium, the items arc most certainly chattels. Weinrib vOtccd great concern over the \easeilicence distinction, and felt that the stadium was ·\\\cl!,a\\)' occu'l'ic\\

Stcn art and Bc~o;ncr: Both of th~ e C\ idence ~xperts were concerned about not only the ability of the coaches to "challenge" on-field decisions, but also the usc of line-judges as credible \\ itnesscs.

Stewart, in particular, was a bit leery that "indisputable evidence", the sole requirement for over-turning an on-field decision, had yet to be properly defined. Bessncr questioned the privilege attached to referee uiscussions. .

Adams: Our ADR professor had no comment on the Super Bowl, as the implementation of the coin toss virtually mir-

Our AD R professor had no comment on the Super Bowl, as the implementation of the coin toss virtually tnirrored his Master's thesis. rored his Master's thesis.

Kirke: Our sports law lecturer could not be reached for comment as he was at the game.

Benson and Waddams: Our contracts wizards seemed to focus much of their discussion on the quarterback. For example, they seemed fairly certain that an nudib\c C{>uld be deemed breach of con-

DIVERSIONS

8 FEBRUARY 2005

25

LAW IN LITERATURE tmct, ns the quarterback 1ssued an oflcr in the huddle. and the wide receiver accepted by clapping his hands. Further. they both felt strongly that the two types of damages laid out m Hadley 1: Baxendule could be applied to an interceptiOn Situation. While an interceptiOn and run-back was foreseeable, neither professor thought that running back an interception for a touchdown could be contemplated by the QB. Chapman and E. Weinrib: Apparently the Super Bowl provides an infinite range of d1scussion topics for these tort masters.

Some of their main questions included· Could the mascot's harassment techniques constitute an actionable nuisance? Would it still be a nuisance if members of the opposite team were found to be abnormally sensitive? Also, following Donoghue v.

Stevenson. do the defensive backs and safeties have an equal duty of care to cover wide receivers? Would the defensive back have a claim for contributory negligence?

What about the Goodyear Blimp? Is this an example of aerial trespass? Honestly, they just had too much to talk about, so I left.

And last, but not least. ..

Dean Daniels: True to form, the Dean was sitting in his office trying to figure out how to transform the Grey Cup into the Harvard of the north.

My prediction (prior to publication): New England 31, Philadelphia 17. Hope you cnjoycu the game.

Economists beware: The humanities are reclaiming the law

BY LISA CAVION

"The crises of most people's everyday Jives are the everyday lives of professionals." That goes some way to explaining the prurient interest of othcrwrse unremarkable briefs. Juicy stories arc particularly common in criminal and family law, but they're found in all areas of law-"she found a snail where?? Oh my god! Ewwww!" etc.

Law students, hke medical students. may also find themselves newly (and perhaps unwillingly) pnvileged to the otherwise pnvatc dramas of friends and family seeking adv1ce or reassurance. Here's another scene from first year"umm, I'm not sure, but I think if he moved out with your stuff, you should probably call the cops. And a lawyer. No, I mean a real lawyer."

An affinity for good stories may or may not explain the burgeonmg "worldwide law and literature movement" (so modestly described by the Cardozo School of Law) Law and lit, according to R1chard Posner, aims to " reclaim law as a humanity from economics and economics-minded lawyers." Posner notes that "there is enough fiction in law already," in the little white lies that transform creativity into continuity, and in the self-serving and phoney stories told by litigants and witnesses, wh1le "law's techniques and imagery have permeated Western culture from its earliest days."ln his seminal text, Law & Literature, Posner identifies at least four ways in which the literarilyinclined are mounting their offensive. by examining the way legal 1ssues, legal reasoning, and legal practitioners arc imagined and represented in literature, by explonng the way lawyers approach fiction as writers and readers; b)' importing techniques from literary theory to interpret, deconstruct, or problcmat1ze legal texts and statutes; and by exploring and appreciating the use of rhetoric and storytelling by judges, lawyers, and v1ctims:

of rules render reliable outcomes. It's why, paradoxically, literature produces more profound and useful truths than most legal theory." While he concedes that both law and literature share the. medium of rhetoric and the goal of convincing others of a particular perspective through the maze of facts. Mr. Pyper, unlike some Ia\\ and literature theorists, says that "law-thinkmg and literary-thinking arc fundamentally different."

"I think one of the thing~ that fascinated me about law," he says, something that remains central to his fiction. is the moral aspect. the shifty 'community standards' that the law tries to present as principled and stable." But "I think all of this would have interested me whether I had gone to law school or not."

He also points out that there Over the past twenty-five years, the tique of it. At the most recent event, is "nothing stopping a lawyer from writ"movement" has developed at least rv..·o Professor Dav1d Dyzenhaus and h1s audiing, just as there's nothing stopping a surJOurnals, out of the Cardozo and Yale law ence discussed J.M. Coetze's D1sgrace, geon, or a yoga instructor, or a bartender. schools; produced a slew of renowned highlighting the author's approach to var- But 1 think it's very difficult to entertain academic writers; and laid claim to a ious ways of dealing with wrongful acts the obsessions that are required in v-.nting high-flying group authors who tum out to and his a\\egonca\ treatment of Soutb a nove\ wben )'Ou're \\v\ng \>Orne o\ber have been former part-time lawyers. African propert)' reg'imes and \\\e \ro\h \"u\\·\imc \\fe. Wn\ers can be o:."\teme\)' including Wallace Stevens. and, of course, and Reconciliation Committee. Profcs:>or inu·urd, off-to-thL·-~tdc pt:opk. nnd Dyzcnhaus, who did an undergmduatc: employer~ quite reasonably tend not to Kalka.

U ofT currently boasts two law and lrt- semester of English before becoming dis- have much patience for such a disposierature discussion groups. Larrssa illusioned and coming to law (with which, tion."

Although writers may be inward peoRuderman and Jennifer Brudner formed a astonishingly, he apparently remains student group for "literary hobbrng and enchanted) noted that when Coetze ple, their literature may produce farnobbing." The group meets over lunch to "examines law through the lens of litera- reaching effects. The Faculty's Law & discuss law-related works of literature ture, law does not come out very well. .. Literature series, for instance, was sugchosen informally by the members. Th1s [The book is] a searing indictment of law gested by alumni who were interested in year's books have included Andre Brink's . . . and beyond the law, through to an "connecting with faculty" in a new way.

A Dry White Season, and R1chard Bolt's ind1ctment of the authority and power of The fundamental common cause of law and literature may be in binding a comA Man for All Seasons. Participants have language." munity together, and in making public An indictment of a different sort comes a range of pre-law backgrounds-from stories from Andrew Pyper, a U ofT Law alumout of our private crises. former publishing-worldies to business nus who left practice to pursue writing students tired of reading market reportsStudents interested in the Ia~ and literfull-time immediately after being called and the discussion is informal and fun.

Those who like more structured literary to the Ontario Bar. In a recent email inter- ature club should contact lanssa.ruderlearning might prefer the Faculty's view, he said that while law requires man@;utoronto.ca or Jennifer.brudner@ Literature Through the Lens of the Law adherence to logic and facts, literature utoronto.ca Watch for an announcement events, m which a professor presents a pet "works against rules, or at least against about an upcoming discussion of Camus· book and provides a legally informed cri- the confidence we have that the right set The Fall.

BLAKE, Picture yourself at Blakes. Where great work and great people come together.

CASSELS& GRAYDONLLP

MONTREAL OTTAWA TORONTO CALGARY VANCOUVER

BARRISTERS & SOLICITORS

NEW YORK

CHICAGO LONDON

BEIJING

ULTRA VIRES

DIVERSIONS

26 FASHIONABLY YOURS

Surviving my shopping hiatus

BY JULIA GUARAGNA

J am sorry to report that this month's fashionably Yours is not so much a fashion column as an anti-fash1on colwnn. This is because I am on shopping hiatus until February 19. Why February 19, you ask'?

This is the day of my friend's wedding, a wedding in which I am a bridesmaid. As a bridesmaid, I am required to spend ridiculous amounts of money on such things as an excessively festooned purple dress and satin silver mules encrusted with rhinestones. This purple dress has a halter turtleneck neckline and some sort of bow in the back. The mules are so impossible to walk in that I am seriously contemplating gluing my panty-hosed feet to the inside of the shoe (this is coming from a girl who once wore four-inch heels on a twisted ankle).

Not that .I'm complaining: as I've said before. a bridesmaid dress is like a tax you pay for friendship. I've been friends with the bride for 15 years. so I owe a big debt.

The wedding is not the sole cause of shoppmg hiatus. Shopping hiatus is also the sad but inc\ itablc consequence of blo\\ing all your money on four months in Europe. llikc to think of shopping hiatus as a contract that l made with myself. The terms of the t;'hopp\ng 'hiatus arc simple: l cannot shop for consumer goods that l do

sories, bath and beauty products. etc. Built into this contmct arc u few exceptions.

First, I can purchase things with gift certificates left over for Christmas.

Unfortunately, I tapped out this option by Day 3. Second. I bought some new workout clothes, b~'Cause my current workout wardrobe consists of clothing too ghetto to even be worn as pajamas. Third, you know

It is so cold and miserable outside that I have resorted to wearing full~back underwearvisible panty line be damned- for the sake of the extra warmth.

that commercial where the shoes follow the girl home of their own volition? If that happens to me, I'm keeping the shoes. Finally, if I visit my friend in Windsor I can shop at the big mall in Detroit.

The hiatus began on January I0. and I am currently on Day 15. This is the longest 1 have gone without shopping in my adult life. There arc some people. such as my no\ need, mdud\n\; c\oth\ng, ~hoes. acccs- boyfriend, a\l my family, friends, and

Love, Actually: UV Crossword

BY LISA MINUK

acquaintances, the entire staff o~· Yorkdalc Shopping Centre. Professor Treb1lcock a~d Dean Daniels. \\ ho doubt that I can do 1t.

But hopping hiatu in January February really isn't so bad. This is the perfect time of year to taken break from shopping. It is so cold and mi erable outside that I have resortell to \\ earing full-back unde.!'vcar visible panty line be damned for the sake of the extra warmth. I also spend most of the time indoor.;, languishing in front of the television and dreaming up ways to convey to Brad (Pitt) that although I know he's in a very vulnerable place right now. a fling could really do us both a Jot of good. Plus.

1 don't want to buy new clothes while sporting the extra pounds I managed to pack on in Amsterdam with my cheese and beer diet- ! don't want the extra pounds to get too comfortable, since (I hope) they won't be staying long.

I must admit, however, that my life is a little bit more boring and unfulfilling without shopping. I am saving money, but that doesn't really impress me: the truth is financial stability doesn't hold a candle to the rush of pleasure I get from participating in mass consumerism. I also have some extra time on my hands, which has proven problematic. because I like to waste my time on non-academic activities so that I have an exctLse as to why I am 400 pages behmd in Family Law. If I can't spend Saturdays at the mall and Sundays at the outlets, I haYe to think of new and creative way~ to procrastinate. As a thtrd year, however. I am up for the challenge. as my procra::-.tinntion power::. are strong and well-

developed. Besides, all is not lost: 1f I breach my ~hopping hiatus contract. I can always argue unconscionability- ! clearly took ad,·antage of my own impaired rationality by agreeing to this madness in the first place.

YOU MAY BE A

SHOPAHOLIC

Send your 100-200 word Fake News article to ultra.vires@utoronto.ca by Tues. March 15 at 11:59 pm.

Points awarded for humour and creativity.

First Prize: $50 Meal at KENSINGTON KITCHEN Second Prize: A chocolate bar and a latte Third prize: A very firm handshake

Across I. Romance holiday '

II.

mode

12. Netther's companion 13. Metis revolutionary Louis 14. Law firm ass covering 15. The problem with sexual assault 18. Nix 20. Kidney-ish 21. Opposed 22. Rushers to marriage 24. Hook shatJed parts 26. Clan divisions 27. US disease research centre

28. That thing there 29. Everybody's favourite Technical Institute 30. In debt 32. Overweight witches?

33. More capable 34. Folk singer Williams 36. Karate outfits 37. Tony Clement's battle cry?

43. Slope or place on the "curve" 44. Devour 45. Brudner 47. Scope (of the wrong, for instance) 50. Half of a dangerous fly

Down I Close to your heart 2. One genetic possibility 3. Law school sit down stand by 4. Negative prefix 5. Illegal Iovin' 6. Lunchtime for normal people 7 Rutherford, to his friends 8.Soak 9 Am I not?

10. Himalayan monster 16. Hockey star Bobby 17. Sterile 19. Visual 23. "Lead trump or risk losing" legal

U ofT and Castle Grayskull fonn joint JD/ Master of the Universe program In response to Osgoode Hall and NYU's announcement of a joint LLB/JD program last week, U ofT has partnered with Castle Graysk:ull in the kingdom of Etemia to offer a jomt JD/Master of the Universe degree.

"We're positive that this will not only increase the marketability of our graduates in Toronto," commented [U ofT Dean) Ron Daniels, "but throughout Eternia and the whole universe. There are untold opportunities for exciting transactional work in galaxies that we've never even heard of" For Castle Grayskull, the partnership will be a valuable asset in its fight against Skelctor and Etemia's evil Horde. "U ofT student-. will have the opportunity to study under HeMan and Battlecat, preventing chaos from enveloping Etemia, and getting tremendous experience as Masters of the Universe," said Grayskull Associate Dean Man-At-Arms.

"By the power of Grayskull, you have the power... to forge an exciting career path!" added Dean He-Man. Skcletor could not be reached for comment.

Back up, Bick!

Are you a frustrated writer? .

Is law school leaching the creativity from your bones?

Do you sometimes crave cheese at inappropriate times?

Let UV's ULTRA NEWS CONTEST distract you from those problems!

principle 24. Texas college 25. L1bations 29 Cleveland baseball team 30. Russian Actress Checkbova 31. Ubiquitous law school surname 32. Air trips 35. Pretend 38. War God 39. Wizards 40. Lemon 41. Drain 42. Female progenitors 46. US tax collectors 47. Tummy muscles 48. Fat-to-muscle ratio 49. Mammary gland Answer.; available at www.ultravires.ca.

't

27

I

Ultra News: Not-So-Real News From Around the Law School

- GeoffMoysa

"Ultra News" Contest!

51 . Coke knockoffs 52. Orphan deer 53 Stored collection 54. Aid

ULTRA NEWS

8 FEBRUARY2005

Last week, student Oren Bick asked who would stop him if he wanted to arbitranly declare Ultra Vires Volume 6, Issue 3 the best issue of UV ever. Bick has since been seen "shaking down" first years at the vending machines. And once, I saw him pushmg a Bus. Org. professor around, saying that if he didn't get a B+ he would "show him what a real poison pill tastes like". Are we just going to Jet Bick push us around like this?

- Peter Hawkings

Daniels sworn in for second tenn Ronald J. Daniels was sworn in yesterday for his second term as the Law Faculty's dean.

The 43rd dean pledged the traditional oath of service with his right hand on a copy of The cPI.St>PE 11

BY l:AI'I l>ISEI'IP

6o

,..;.t M.A1'AS ~ltltlfV':

~o.H,. :Q',.,,.,vJ'I••J'"J'O.

tlr. to..,

~ ..4

Law student Kyla Lamarche.

Ms. Suvari, whose acting credits include the Oscar-wmning American Beautv and teen hit American Pie. told UV. "I was in a health food store looking for organic chocolate and slippery elm tea when some nobody comes up to me and asks if I'm on my way to PMS or something. I'm, like, what the fuck?" The "nobody" was later revealed to be Shannon (II}, Kyla 's fellow shift leader at DLS. "Later.

I was shopping in Yorkville when someone yelled across the street at me. I thought they wanted an autograph, but really they wanted my notes from Family Law. What's with this city?" During her stay, Ms. Su.. ari also fielded requests from strangers to "cover a set date" and "grab some Pho Hung". " I don't even want to know!" the actre~., replied. M~.

Lamarche could not be reached for comment but her press agent invited Ms. Suvari to tact him for advice on dealing with the public.

- Ingrtd Grant

con:

Wealth ofNations. Raismg his other hand, he pledged to protect the Faculty's income as he was sworn in by Supreme Court Justice Frank Iacobucci.

Daniels, 23, promised in his inauguration address that the Faculty of Law would "support the ultimate goal of ending tyranny in our world."

Security was tight for the inauguration.

Twenty square feet were scaled to traffic and a man-hole cover in the faculty Ca.r park was frozen shut. A parade through the Rowe\\ Room, followed.

- Antony Singleton

Surprise location for new faculty premises Earlier today Ronald J. Daniels revealed a change in the location of the new Faculty of Law premises to the atendecs at the Dean's Leadership Lunch.

"The new location of our beloved Faculty will be the Toronto-Dominion Bank To,.,er.

Our friends at Fasken Martineau have donated three floors of their firm to the Faculty, so our premises will soon be mside theirs!"

After the lunch, Daniels dismissed concerns that a close association with a Bay Street firm would compromise the Faculty, citing Fasken's funding of the new DLS building as a perfect example of the positive synergy created by a partner.;hip between firm and Faculty.

"Fasken's gift allows our students to practice poverty law in a beautifully renovated setting, wh1le the firm's other activities ensure DLS will always have clients," he said.

Dame\s was simi\ar\y re\axo..:cl about con · ccms that the Faculty's new prem ises would give Bay Street an undue influence on tl1c curriculum. ''That's the wonderful thing about this move,'' he beamed. ''The curriculum won't have to change at all."

-Anton} Singleton

HBO Star mistaken for law student In a recent visit to Toronto, film and television star Mena Suvari was repeatedly mistaken for second-year University of Toronto

Third year cracks "A" code A recent UV poll found that ~tudents who quoted from big-name philosophers and political theorists in their papers more often received A's than their peers. "I used to think I needed a deep understanding of the law to get an A in a paper course," Mark (lll) grinned. ''but then l reali.led that aU l needed to do was quote Kant or Dworkin ... and the profs ate tit1 up." Sa\d A.l:.s\'.>tan\ Dean Chiang,; "l'm no\ l:.Ul\)ti.~. Tho~ studcn\s who read Kant and Hegel are probably smart<?r. ••

- Tariq Remhtlla

Law school bandit strikes

again Tired of filching chalk and chair wheels, yet still triumphant after the Book Store Ilc1st, the Law School Bandit has decided to move on to b1gger and better things. Sources say that he has accepted a position at "a large Bay Street firm." Supporters arc devastated.

"What entertaining capers are we supposed to talk about now that he's leaving? Ocean's 12?

But I'm addicted to reality," lamented Susannah (I). ''He d.idn 't just go for the tL'iual boring old laptop theft from the library. That's so last year. He had flair, style, a ccrtainje nc sais quoi," said another fan who preferred anonymity.

Others voiced similar concerns.

- Malcolm Kat=

Briefly noted Bridge Week prof to Balrog of Moria (I): "You shall not pass!''

,

Gentleman distinguished on his facts Entertainment Law und Information Law combined to Infotainment Law Student, like. totally accepts invitation to Law Ball Daniels microwa\cs cnt Gomcry c311s new facebook ''small-town cheap" CDO critici.7.ed for serving coffee at tea-bagging workshop

...