Ultra Vires Vol 7 Issue 2: 2005 October

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

UL TRA '

V IRES SINCE 1999

OCTOBER 18, 2005

VOLUME 7 ISSUE 2

StatsCan: Tuition hikes a barrier to middle-class Langille claims U of T Law escapes trend due to superior financial aid program

BY TARA DOOlAN Who's your daddy? According to a recent Statistics Canada study, it matters if you are constdering pursuing a professional degree.

Smcc tuition fees were deregulated in Ontario in the late '90s, the cost of professional degrees has skyrocketed: the price of dentistry school has increased nearly five-fold, of medical school has almost quadrupled, and of law school has almost tripled. How have these soaring tuition rates affected access to professional schools? That's what a recently completed StatsCan study set out to examine.

Researchers focused on graduates from university degree programs in 1995 and 2000. These students were interviewed two years after graduation to determme whether they had enrolled in any further educational programs, including professional schools. The study then exammed the likelihood of these graduates pursuing professional degrees based on their socioeconomic status, which was measured by their parents' level of education.

Rc ults revealed that in Ontario, as the

co I of profc sional degrees increased enrollment patterns changed considembly.

Students '"hose parents were most highly educated (graduate or professional degrees) became much more likely to enroll in profc:.sional programs.

A smaller increase in enrollment "as obsen ed among students whose parents were least educated (no post-secondary education). Authors of the StatsCan report suggest that this may be the result of the expansion in linancial aid programs that accompanied tuition increases.

However, students whose parents had a moderate level of education (post-sec-

UVINDEX • ARTICLING RESULTS P4 • CHAOULLI CONFERENCE P6 • SPORTS PII

• LAWS PIS • FASHION SPECIAL P24 • ELIGIBLE BACHELORS P28 • FACULTY S~ACKDOWN P29

ondary degrees but no graduate degrees) became much less likely to enroll in professiOnal programs. Whereas 2% of students in this category used to attend professional schools. only I% of students in this category now do so.

According to StatsCan, these changes in enrollment patterns among different socioeconomic groups were limited largely to Ontario, where tuition increases were "particularly large and sudden." Quebec and British Colombia, where tuition rates were stabilized over the period in question, did not experience any such change in enrollment. The other provinces, where tuition costs rose at a more moderate rate, experienced correspondingly moderate changes in enrollment patterns.

While these findmgs suggest that the middle class is being squeezed out of professional schools in Ontario, it is not clear why. The authors of the study suggest that students from middle-class backgrounds are either unable or unwilling to pay the higher tuition fees and that they face the additional burden of qualifying for less financia\ aid than students with re\ative\y \ower soelo·c::conomic status.

The ctl"ect of tuition rates on access to h1gher education has long been a contro-

vcrsinl issue at the University of Toronto's Faculty of Law. The faculty"s tuition rates have incrca ed at a rate many students find alamting: in 1998/99. students paid $5,900 in tuition fees. Tuition rose by approximately $2,000 per year until it hit $16,000 in 2003/2004. At this point, a two-year freeze was introduced, holding the tuition > SEE TUffiON HIKES P.3

Bomb threat empties school sec p.2

> > Ultra VIres Investigates faculty salaries see p. 16

U of T wins Commonwealth Moot

BY SARAH MCEACHERN

At a competition in London, England this September. Mark Elton (Ill) and Yousuf Aftab (IJI) argued their way past 12 teams to achieve victory in the Commonwealth Moot Championship, '' ith Aftab also winning honours for Best Oralist. The thirdyear mootcr~ won first place at the Fraser Milner Casgrain Gale Cup in February 2005, which meant they were

the Canadian quali tiers for the Commonwealth :vtoot. The duo was up against tough competition from teams from Asia. Africa. Australia and New Zealand. However. after coming out with the highest points after the first round, Elton and Aftab were successful in the semi-finals and beat the English team in the final.

Elton remarked that going into the first round, the team didn't know what to

expect: .. We were nervous, but also confident." After the scores were announced at the end of the first round, they realized they had a good chance of winning.

The moot problem related to two Canadians who were arrested m the hypothetical landlocked count!) of Thainam and ~harged with attemptmg to smuggle cocame. If convtcted of the offence, the >CONTINUED ON P.2

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OSLER_

2

NEWS

ultra vires

18

October 2005

NEWS

3

Bomb threat causes evacuation of law school

Grand Mooters dazzle during health care debate

Extra precautions taken due to arrival of Israeli Supreme Court President

Distinguished judges show humorous side in advoca~y showcase

BY GEOFF MOYSA

always take precautions and check the of the building." buildings," said University of Toronto . In this case, D'Angelo "You've got a bomb." That was the message Campus Community Police Inspector Sam acknowledged that the evacuphoned in to Faculty of Law D'Angelo. Campus Police's normal proce- ation was due to the arrival of Aharon Barak, Communications Coordinator Cheryl Fung dure in the event of a bomb threat on cam- Justice at II :32 a.m. on Tuesday, September 27. pus is to confer with the Toronto Police President of the Supreme Twenty minutes later, both Flavelle House Service and the Dean (or whoever is in Court of Israel. Barak was und Falconer Hall were evacuated, leaving charge of the faculty) and decide ""hether or scheduled to teach a session of confused la\v students standing in the park- not to evacuate based on the information Constitutional Courts and ing lot between the two buildings while provided in the threat and what is currently Constitutional Rights from roronto Police Services and Univel"iity of happening in the buildings. However, 2: I0 untiiS:OO p.m. ·•we knew Toronto Campus Community Police con- D'Angelo says that it is uncommon to call that [Barak] was going to be in the building. nnd because of ducted a search. Finding no bomb and con- for an evacuation.

"It's not the norm to evacuate," he his status, we took the position cluding that the threat ow"as not real. they allowed students and faculty to re-enter the explained. "but if there is a VIP in the build- to evacuate and check," said ,.. buildings jus1 before I :00 p.m. ing, or something going on that may cause D'Angelo.

"As with many of these threats, there was us to think twice. we evacuate based on a [nterim Dean Brian Langille, responsible nothing to suggest that it was real, but we consultation with the main players in charge for consulting with Campus Police. says he took a deferential approach to police expertise in deciding to evacuate. "U ofT police argued that 'just because the Americans have quite a bit of experience with this," are doing it d<X.--sn 't mean we should do it." said Langille. "My understanding is that they call the Toronto Police and make an Professor Leaves for Osgoode assessment of the threat by talking to the After I 0 years as a professor of internaUorr to Get J.D. Degree person who received the calJ, and focusing tional and human rights law and UoiT, Beginning \\ith the class of2001, Uoff on the exact language of the threat. Then law students ow ere given the option of grad- Professor Scott Craig left for Osgoode Hall they do a sweep of the building and advise Law School Scott stated that he found uating with a Juris Doctor (J.D.) degree me on what decision to make. We take the Osgoode a better "cultural fit." rather than a Bachelor of Laws (LL.B). advice of both police services."

Specifically, he cited Osgoode's approach · Dean Daniels felt that the change was "a The sweep of Flavelle and Falconer to decision-making and human relations as wonderful way of signaling that law is a turned up nothing unusual and D'Angelo being "distinctly different" than at Uoff. second degree. It is simply designed to reports that the threat was not credible or enhance the status of the Uoff degree and Scott also expressed concern that Uoff specific enough to cause a large degree of was ''unrcflectively drifting towards an make it absolutely clear that it is a second concern. "It was a very generic threat and it dewec." He predkted that "lhe J.D. w\\\ be Americanization of\egal education,'' and wasn't directed at anyone," he said. we\\ ~...:e'wen l>nfl we\\ Tel!,atded b)' \he wa.s engal!,cd \n ..?<:rpetua\ !;C\f-ce\ebra.} pub\ic and the profession."

Whi\e infrequent, the law school and lion." Scott warned that there were as Students were generally in favor of the other campus buildings do receive bomb many <IS ten professors '>+ho had similar threats at somewhat predictable intervals experiences. change. However, ProfDenise Reaume during the school year. "This seems to hap-

Five Years Ago in Ultra Vires

BY ANIZ ALAN I

pen a couple of times per year," said Langtlle, "usually during exams, or at the beginning of the year. for some reason. I've only been through it twice - once in September, and once during my term as Acting Dean. The first time I was involved, there was no evacuation."

The last bomb threat directed at the law school was received in March 9, 2005, and also resulted in the school being evacuated.

"To date, we have never had a bomb threat on campus where anything was found," said D'Angelo. "On campus. the law school is not targeted frequently. It used to happen quite a bit, especially during exam periods, but it is a rare thing for us to get a threat these days compared to ten years ago, because technology allows us to identify cal\ers much more easily."

The call IS currently under investigation by the Toronto Police Service. No charges have been la1d.

I

First Canadian win at Commonwealth Moot since '93 CONTINUED FROM P.l

death penalty would be imposed within 24 hours. The Canadian Government refused to intervene. The mooters were charged wtth the task of arguing an appeal from the Supreme Court decision refusing to order the Canadian government to provide diplomatic protection in terms of the conditions of detention, the right to a fair trial before an impartial court, and that the death penalty not be imposed.

The team faced two main challenges with the moot problem. Although one might assume that the problem's focus on Canadian law would be an advantage for Canadian teams, the mooters said this was not the case. According to Aftab, "the danger lay in getting too technical with Canadian jurisprudence. We were, after all, addressing those who were rather unfamiliar with Canadian law, and we knew that we had to keep our judges interested.''

The second key challenge was one whtch all teams faced: the problem appeared one-sided in terms of law for the government respondents. but justice was clearly on the .side of the individual appellants. Noting that the U ofT team argued for the appellants in three out of four rounds, Aftab remarked that "it's good to be fighting for justice."

A highlight of the experience - apart from the London nightlife and winning the Turnbull Sh1eld - was the calibre of the

judges present at the Championship. The final round judges conststed of a Court of Appeals of England and Wales judge, the President of the South African Supreme Court, and a Court of Appeals of Australia judge.

Initiated in Hong Kong in 1983 and held every second or third year, the Commonwealth Moot emphasizes the unique bond Commonwealth countnes share. It is held in conjunction with the Commonwealth Law Conference, an international conference designed to foster cooperation and dialogue between jurists and lawyers of Commonwealth countries.

As Elton puts it, "The advantage is that because we share the common law we can collaborate at a higher level than we would otherwise be able to. We can debate domestic law, administrative law. even private law. Also, we share precedent from the House of lords.''

All Commonwealth countries are allowed to send a team to the moot. This year, teams competed from the West Bengal National University of Juridical ~ctence Kolkata, Srt Lanka Law College, the University of Malaya, the University of Nairobi, the University of Melbourne, the University of Pretoria. Ahmadu Bello University in Nigeria, the University of the South Pacific and the University of Canterbury, New Zealand and City

University, representing the UK. A composite Caribbean team also attended. The last Canadian team to win the Commonwealth Moot was from Dalhousie University in 1993.

Part of the success of this year's team was thanks to coaches Ellen Snow ('OS)

and Sidney Mclean ('OS) and reserve mooter Amy Salyzyn ('05). They also received help from professors Jutta Brunnee, Karen Knop, Jean-Francais Gaudreault-DesBiens and Lome Sossin.

Mark Elton UJJ> and Yousuf Aftab um !back left.l win commonwealth moot

applicatton of the Supreme Court of On Thursday, September 22, the law Canada's recent school hosted the Grand Moot, an annual decision in Chaoul/i. exhibition moot showcasing the advocacy When Justice skills of four of the University ofToronto 's Feldman appeared top upper-year mooters. unsure of how to The moot was held in the Faculty's correctly pronounce Moot Court Room, \\hich, as in past years, "ChtJoul/i", Hasan \\'aS filled to capacity with spectators. The wryly offered that he four mooters this year, selected through a didn't think anyone in the room knew competiti\e try-out process last March. were third year students Nader Hasan, how to pronounce it.

Paul [skandcr Alexander, Tamara Kagan, When later chat· and Michael Kotrly. The panel of three lenged by the bench on the impact of judges consisted of the Honourable Mr. Supreme Court deciPeter Cory, a fonner puisne justice of the sions countering his Supreme Court of Canada; the Honourable Paullskander Alexander (UI), Michael Kotrly (Ill), Tamara Kagan (Ill), position, Hasan confiMadam Justice Kathryn Feldman of the Nader Hasan (Ill) dently reminded the Ontario Court of Appeal; and the court that "the Honourable Mr. Justice Todd Ducharme of ing knee replacement surgery. Hasan Supreme Court of Canada is not infallithe Ontario Superior Court of Justice. argued that the Government of Falconer's ble.'' As all eyes were redirected to the This year's moot problem involved a refusal to fund available out-of-province Honourable Mr. Cory, Hasan corrected claimant who could not afford private treatment violated section 7 of the htmself by stating that "it ceased to be health insurance but faced lengthy waiting Canadian Charter of Rights and Freedoms. infallible in 1999," the year Cory retired times in the public system. Written chiefly Hasan's plea to the court to recognize a by third year student Evan Thomas, with from the Court. hmited positive right to government action Paul lskander Alexander then presented contributions from Professors Sujit to protect the appellant's physical and psy- the appellant's submissions regarding the Chaudhry. Colleen Flood, Kent Roach and chological well being was interrupted by appropriate section I analysis. Citing arbiLome Sossm, the timely moot problem an anecdote from the Honourable Mr. trariness in current government spending, dre\\ upon the Supreme Court of Canada's Cory, who remarked that Parliament's Alexander suggested that funding wine recent decisions regarding public health power to control spending and set public and cheese events was not a fundamental care funding including Chaoulli and policy dated back to the beheading of King right. Justice Ducharme, \n tum, queried Auton.

Charles I. Hasan quickly moved to redirect the impact of the appellant's submissions Nader Hasan opened the mooting showthe Court's attention, conceding that he on the setting ofJudges' salaries. case on behalf of the appellant, David was til-equipped to distinguish the facts of Mtchael Kotrly followed witl1 his arguDaniels, a 54-year-old self-employed carthe appeal to the case of Charles I ~~ ment on behalf of the respondent, the penter and tradesperson who was required England.

Provmce of Falconer. Noting the exodus of to wait for over two years before undergoHasan's submissions turned to the

some audience members during the makeshift intermission following the appellant's arguments, Kotrly began his submissions by grumbling about the government's apparent lack of popularity.

Kotrly pleaded with the Court not to accede to the appellant's position, owhich he likened to "court-imposed communism.'' When confronted with Supreme Court of Canada judgments v.hich arguably left open the door to posith·e rights under section 7 of the Charter, Kotrly replied, "With respect, the Supreme Court of Canada has never ruled anything out."

Kotrly argued that there is no freestanding right to public health care under the Charter. When asked by Justice Ducharme whether the voters were aware of the government's position, Kotrly noted that scrapping health care would be "a really jerky thing to do," but not unconstitutional.

The Honourable Mr. Cory asked Kotrly whether the government's scheme amounted to cruel and unusual punishment. Kotrly replied, "it would not be, justice.'' In response, Mr. Cory offered a humorous tip on emphasizing comma placement, stating, "I agree it ~ould not be justice.''

Kotrly was followed by Tamara Kagan, who presented the respondent's submis!\\on<;, regard\ng the sect\on \ ana\'j<;,\<;, and

appropriate remedies under section 24. ln advocating for a deferential view of the government's spending priorities, Kagan was asked by Justice Duchanne whether > SEE MOOT P.6

Dean: financial aid meeting the needs of students TUmON HIKES CONTINUED FROM P.l

rate at the $16,000 mark.

Despite evidence suggesting that current tuition rates are limiting middle-class students' access to law school, the University of Toronto Faculty of Law asserts that higher tuition rates are not atfectmg accessibility at this school.

Interim Dean Brian Langille said that the study was a "good one for the law school."

He argued that the faculty's needs-based financial aid program has been working properly and has effectively made students "indifferent to price.'' He maintains that our financtal aid numbers demonstrate that there isn't a problem with accessibility at this school. "Law schools in the aggregate might show this trend," he said, "but we have no data that suggests the financial aid system [at the U ofT Faculty of Law] isn't doing what it is supposed to."

In the 2004-2005 school year, 353 U of T law students applied for Faculty Financial Aid. Of these 353 applicants, 274 received some financial assistance.

However, added Langille, "it's not really the numbers that matter, it's whether you're meeting peoples' needs. If someone said, 'I applied and you didn't meet my needs,' that would be different. But that isn't what is going on."

Some critics argue, however, that there

are several problems with looking at data from the frnancial aid program to determine whether the Faculty is accessible.

One critique leveled is that by focusing only on financial aid data, we are only considering those students who have already gained access to the law school,

"I'm stuck borrowing the rest from Scotiabank" effectively overlooking those who have chosen not to accept a U ofT offer or perhaps chosen not to apply to law school in the first place because of high tuition rates.

Eve~ if middle-class students decide to attend and are awarded fmancial aid, it is argued that they will still be forced. to borrow additional money to cover the1r costs.

One self-proclaimed "middle-class" fi~t year student explains his situation thts way: "My parents are both teache~s.

Despite the fact that I receive ~o fi~anctal support from them, their combmed mco~e means 1 only get about $8,000 in financtal aid from U ofT and about $9,000 from OSAP. Since u ofT advises incoming stu-

dents to budget about $31,000 a year, even with financial aid I'm still short $I 4,000.

So, I'm stuck borrowing the rest of the money from Scottabank. I figure I'll graduate about $60,000 in debt, and that's assuming tuition rates don't rise above above $16,000. While the financial aid program has helped me out, I can tell you that I am definitely not indifferent to the price of tuition. Having to take out such a huge loan did make me think twice about law school.''

Another issue raised by those concerned about keeping law school accessible is the capacity of the fmancial aid program to continue meeting students' needs in the event of rising tuition rates. In 2002, before the tuition freeze was introduced, U of Ts Faculty of Law had committed to a five-year plan that projected tuition to increase to $22,000 by 2006. In the wake of Dalton McGuinty's recent announcement that the tuition freeze will end next year, there is speculation that tuition rates will once again resume their upward climb. If this is the case, will the financial aid program be able to meet increased demand?

Interim Dean Langille maintains that there are no defimte plans to increase fees, since it remains unclear whether the government will completely deregulate tuition. Questioned about plans to resume

Students' best friend, worst enemy the five-year tuition increase schedule, Langille said "our plan is still the only plan we have. The real issue is how the government is going to respond to the Rae Report. We have had no tuition increases for the last two years- we're frozen, but still delivering on all of our commitments to students. The plan bas not ground to a halt, but the tuition component of it has, which has definitely put a strain on our resources."

4

NEWS

ultra vires

18 October 2oos

NEWS

5

Most U of T students succeed in articling search

Computer lab exam option revoked

It's not over yet for students who are still looking for articles or summer placements

Students not consulted by previous administration before decision

these LFO assured that it is not over. "Our office has positions met at least once with almost every student help fill a currently looking for articles to ensure that Securing an articling position may be the gap that they arc ready with an updated resume and last truly stressful experience in law exists in cover letter, and to work on interviewing school. With applications due in June, calls the variety and networking skills if needed," she said. for interview issued in July, and inten iews of articling Krakaucr also noted that frequently jobs taking place in August, a student \\-hO is come up over the course of third year, positions searching for an articling position at the including government pos11lons or posiavailable. end of second year may find h1s or her tions with law clinics that may be uncer0 n c summer subsumed by the process. remarkable tain of their funding until as late as spring.

University ofToronto law students were d1fferencc Docs the process work, at the end of the very successful once again. As of the end between day? "I have faith in the process" comof September 2005. the current third year the second mented one student. "Most people who class had approximately 137 of its memyear job really wanted to work in Toronto at a big bers working in private practice, a categosearch and firm have found jobs." Other students ry that includes full service firms and firms the arti- commented that the process is certainly that specialize in areas such as cling job efficient. Some students were more labour/employment, immigration, crimisearch is ambivalent: "It's a flawed process, certainnal, family and litigation. This figure ond-year summer. Students were surprised that a number of U of T students were includes 20 students for whom the Career ly, but I can't think of a better one." Other at many of the high-paying jobs with firms already working in many law firms where Development Office helped secure firm students were very critical: "Although that had side-stepped the summer hiring their peers were applying. Thus, at times placement levels are high, so arc attrition positions over the summer. Outside of priprocess altogether. "The only reason my students were able to review their peers' rates. It would be nice to place students vate firms, the CDO reports that I I stufirm isn't as well known is because they resumes, offer advice as to whether to where they might actually end up." dents are going to government, agencies, don't take summer students" one student or public interest positions and I 6 students interv1ew the applicant, and in some extra- Krakauer's reservatiOns about the process noted. "The money is the same." are clerking. At this point, about ten perordinary situations, give input as to are more bcmgn. She wished that more Of note, very few students moved cent of the class is still looking for artiwhether the firm should hire the applicant. pubhc mtercst opportunities were availbetween firms. Kra.kauer reflected that if cling positions.

One student in this situation was thankful able and said she would like to sec every there is a move between firms, it's to have other options, being troubled that student with a job earlier on, to avoid Lianne Krakauer, Acting Assistant Dean typically a jurisdictional move between the students who were already employed at rejection and disappointment.

Career Services, expressed excitement provinces, or a move to a firm that offers a the firm "were way too involved in the about the results. "It's been almost ten practice area that the summer firm did not. process.·· years that we've been able to collect really Some students decide to go home to see if As for the remaining ten percent of stuso\\d data about \)OSt-graduate plans," said the-y could build a career there but decide dents who are stil\ searching, Krakauer ¥-.ra~auer. "\nere \Sa eons\sten\ \)attem of U of T students successfully obtaining to remain l.n Toronto, or vice versa. Others employment." In comparing data with her who move might go between governments colleagues at other law schools, Krakauer and firms. Finally, some students move noted that U ofT students tend to do better from firm to firm because they fall in love earlier m the process by securing summer and follow their partner. One student comjobs after first or second year. For exam- mented, "It's very difficult to move ple, over half of the second-year class usu- between frrrns. It's hard to know after only ally has secured summer positions by the one month [when applications are due1 that you are going to hate a firm."

Toronto end of November.

Two big successes this year were the U The high employment rates for U of T Attention: students in articling positions on Bay ofT students who obtained articling posiScott Whitley, Street also demonstrates that summering tions through the newly created Law Di rector of Professional on Bay Street is not a prerequisite for arti- Foundation of Ontario articling fellowship cling on Bay Street. Several students who program. Of the six new LFO positions, Development secured Bay Street articles did very the two positions obtained by U ofT stuBCE Place diverse things over the past summer. A few dents were with the Lake Ontario Suite 2500, 181 Bay Street were research assistants, a few moved Waterkeepers and the Barbara SchlitTer Legal Clinic.

These positions enable stuToronto, ON M SJ 2T7 from smaller firms and a few were working non-law jobs - remarkably, one stu- dents to truly do social justice work in the Tel.: 416-360-8600 dent was a construction worker in his sec- non-profit sector. Krakauer noted that BYNICOLE RICHMOND

Where the Future

Comes

to Grow

Fax.: 416-365-1 719

OCis by the numbers

Ottawa Attention: Wanda Phanor, Articling Coordinator 50 O'Connor Street Suite 300 Ottawa, ON K1P 6L2 Tel. : 613-232-71 71 ext. 124 Fax.: 613-231-3191

BYBRIAN DUONG & NICOLE HENDERSON Last spring, the Faculty of Law administration revoked the option for students to type their exams in computer labs. The decision went largely urmoticed until Fall 2005, but is now attracting significant student concern. The process by which the decision is made was also criticized by students, who were not consulted about the deciSIOn. Acting Assistant Dean Bonnie Goldberg explained the administration's rationale for the decision. "If everyone is typing [exams], they should be typing under the same circumstances." These 'same circumstances' require all students to install ExamSoft, a program compatible with Windows designed to let students write exams on their laptops without allowing them to open any other software for security reasons.

The issue, explained Goldberg, has to do with the securit;- of the numerous computer labs around the U ofT campus, in which law students have been allowed to write exams in the past, and which cannot run the ExamSoft software. Goldberg also pointed to the availability of the labs, which given the demand, could not accommodate all students, as a motivating factor behind the decision. Limited computer lab space, coupled with the problem of students writing

under different security features, and the challenge ofmanagmg exam invigilation at a multitude of different sites ran counter to the administration's goals of equitable exam writing conditions.

While to many students, the decision to remove the computer lab option appeared a marked shift in policy, both Associate Dean Lome Sossin and Goldberg insisted that the dec1sion represented a more gradual movement towards a long-term goal of all students wnting exams under equitable conditions. Computer labs were only initially intended to be a supplement for the small number of non-compatible-PC owning students who wanted to type their exams, and were never meant to accommodate the large number of students that now demand them. Sossin explained that the long-term goal was always to have every student who typed their exams managed under the ExamSoft program.

The new policy appeared particularly problematic for students who use Macintosh laptops, which cannot run ExamSoft, but which Goldberg acknowledged have seen a resurgence at the law school. This decision also affects users of PC laptops not compatible with the software, and students who do not own laptops at all, but wish to type their exams. Many students who do in fact own Ex.amSoft-

compatible laptops have also been electing to wnte in labs, due to the rumoured instability of the software, which students have complained tends to crash during exams.

Goldberg has been working on the issue since July, when she assumed the position of Acting Assistant Dean. On September 23, a memo and suney were sent out to assess how many students were affected by this change m policy. Although Goldberg did not elaborate on exact numbers, she did acknowledge that they were "significant enough to recognize that there is a group that needs accommodation." Goldberg also could not speak to the level of student consultation that occurred under former Assistant Dean Lois Chiang, who was instrumental in making the decision before leaving for the University of Pennsylvania this summer. Chiang could not be reached for comment.

This issue is a major priority for the SLS, which lodged its objection to the new policy at the beginning of the semester.

SLS President Mike Pal recognizes the administration's concern with equity, noting that there have been complaints from students in the past due to the fact that the machines m the computer lab, which do not run ExamSoft, also apparently a\\owed students writing exams access the internet, other Word fl\es, and old exams. Both

Goldberg and Sossm, however, eschewed rumours that specific student allegations of cheating prompted the decision While Pal regrets that there was "no consultation with the SLS" at the time the decision was made, he states that there is currently an open dialogue with the administration, and that they are working with together to find a solution. Goldberg described the dialogue between the administration and the SLS as "very constructive".

"Our bottom line is that everyone who wants or needs to write his or her exams on a computer be able to do so," says Pal. To that end, the SLS is currently working to ensure a short-term solution for December exams, which may involve providing students with borrowed laptops running ExamSoft, re-opening some labs, or a combination of the two. Pal is "confident" that any student that wishes to type exams will be able to do so in December.

Both Goldberg and Pal were careful to emphasize that no fmal decision has been made as of Ultra Vires's press time.

However, noting that students must declare their intentions to type exams in November, Goldberg stated that a decision wou\d be made in the near future, and wou\d be communicated to students d\rect\-y via a memo from the administration.

Student concerns vented at first SLS ~own Ra."\\ Need for transparency in faculty and student leadership emphasized cnteria for the selection yet, and asked the students in attendance what qualities they Financial aid, computer labs and the would like to see in a Dean. Th1s question search for a new Dean dominated the inspired a debate among students about agenda at the year's first SLS Town. Hall what kinds of vision and backgrounds arc held on Tuesday September 27. Des1gned desirable.

"Arc we looking for someone from a~ an opportumty for students to give their Yale?" asked Ran Goel (II). refering to the input to SLS priorities for the ye~r, the Faculty's shift to a more American pri~atc meeting presented a robust range of 1ssues model under former Dean Ron Damels. despite a relatively low turnout of 35 stuGoel smd he would rather see a Dean from dents just an hour a"ftcr the school was a public institution. Similarly, Christine evacuated due to a bomb threat. While the Shalaby (Ill) suggested that the candidate issues raised varied widely in subject and scope, most seemed to revolve around a should be more of a legal scholar.

Chris Glover (Ill), however, suggested central theme of increased transparency that the primary consideration should be and accountability.

Bay Street connections, since "at the en? of the day, people come here because 11 Dean Selection Process gets them the best job prospects." One first SLS Prcs1dent Mike Pal began the -year student agreed, confirming that this meeting by bringmg up the progress of the search committee for the Faculty's new was why he had chosen U ofT. Dean. Pal, Polly Dandy-Kaplan (Ill) and .

SJD student Martin Hev1a arc student rep- Computer Lab Exam Option Students also expressed surpnsc and resentatives on the Dean Selection confusiOn over the Faculty's decision to Committee chaired by the Provost. take away the option for students to write Pal sa1d that while the comm1ttce did exams in computer labs on campus due to have a list of "hundreds" of candidates concerns over security (see Computer Lab, from "very high caliber schools," 1t could not be shared before the selection is made, Page 5).

Whi le the new policy allows students to as candidates would be discouraged from continue writing exams on their own lapapplying if the process did not remain distops with ExamSoft software installed, creet. Students expressed frustration that many students either do not own laptops, they would be ooable to meet or hear the or have laptops that are not compatible v1ews of their prospective deans; however, w1th the software. An informal poll conone student suggested that as a comproducted by Pa l showed that half of the stumise, the new dean should circulate a condents in attendance were affected by the crete "vision statement" after his or her c hange in policy. appointment.

Andrew Winton (Ill) was also conPal said that the committee had no set

BY GEOFF MOYSA

cemed about ExamSofl's "small crashing problem", explaining that while he could use his laptop, he preferred to write on lab computers because they are more stable.

Dana Hnatiuk (JII) added that many students have become accustomed to writing their exams in computer labs, and should be allowed to continue doing so.

Pal himself expressed frustration over the lack of process and consultation involved in the decision, commenting that "instead of banning it altogether, they should have worked with us to change the process to be more fair."

Financial Aid Last September, students were shocked that their financial aid estimates in some cases did not match the amount of finanCial aid they actually received from the faculty. This year, students were left asking "Whcre's my financ1al a.•d?" In response to last year's co~fus1o~, the Financial Aid Office did not g1ve estimates this year - however, the aid's late arrival had left some students wondering how they would pay rent in October.

Although it was pointed out that the Financial Aid Office had to wait for students to report their final summer mcome, most students agreed that timing was a more important issue than substance at.th is point, especially since OSAP calculat~ons do not require this final income reportmg.

Student Affairs Oversight The Faculty Administration was not the only governing body scrutini~ed by s~­ dents. The SLS's Student Affatrs comm1t-

tee, responsible for allocating SLS money to student groups and endeavour.;, came under fire for devoting e:'Ccess funds to what Winton described as "'questionable line items" at the end of the year. Students were unhappy \\ ith the Jack of transparency involved in these budgetary allocations.

In response, Pal said later that the SLS has started publishing Student Affairs budget approvals on the door of the SLS otlice as well as in the Headnotes newsletter.

"The criticism was that people thought if we had anything extra, we just spent it," said Pal. "So we moved to a two-semester model where we can release more funds during the year as clubs need th~m. It's eas1er for us to have accurate proJeCtiOns that way." "[Faculty accountability1 is usually a big concern," said Pal, "but we don't usually hear as much about the SLS to be honest. Usually the problem is that people aren't interested enough, so it was great to have that level of enthusiasm."

Pal reported that additional SLS tran~­ parency initiatives include an SLS ema1l listscrv so that it will not be rehant on the faculty to send out emails to students.' and a website that Pal hopes will be fimshcd sometime in second semester. "We defimtely took the criticism seriously, and we want to do something about it."

6

NEWS

ultra vires

October 2005

HELMUT

7

Helmut: interview and school stress can be managed

Chaoulli revives public health care debate

BY AMY SMELTZER

Rights and Freedoms. Thn.--c j udges also said co-organizer. said the decision might force it violates s.7 of the Canadian Charter of governments to acknowledge that all peoThe Supreme Court of Canada may have Rights and Freedoms. The Court suspended pie. rich and poor, have the right to timely been wrong to strike down Quebec's laws its decision until June to give the Quebec health care. "It can't be that there's a coherbanning private health care msurancc the government time to respond by reducing ent way to say that because you're depenway it did in June, but leadmg law profes- wait times, revoking the law or invoking the dent on state. it's okay to subject you to lifesors and policy-makers said at a Univerity of Charter's notwithstanding clause that per- threatening wait lists, but if you're rich then Toronto conference last month that the deci- mits it to retain laws that violate human you get Charter rights. That's the abyss •• • where I don't think the court can possibly sion has a silver lining: it's forcing govern- nghts.

'J•' ments to pull their socks up, address long Several presenters criticized the Court for go," he said. 't ( t\W Still others condemned the Court for waiting lists and improve the health of accepting flimsy evidence in support of pri-I'\ Canadians. vale health care insurance. "One of the most engaging in political activism. They said the Chaoulli conference "The Court's decision should be a clarion unsettling aspects of this particular judg- Court should stick to deciding individual call to public and politician to get on with ment was the selective use, misuse and igno- constitutional issues rather than making the courts to solve problems they couldn't the badly needed [Medicare] reforms before ranee of research evidence," said Morris sweeping judgments about complex social win in the political arena. It's a sad state of those clamoring for its destruction gather Bbarer of the Canadian Institute of Health policy judgments about the reasonableness democracy," he said, adding that the Charter momentum," said Roy Romanow, who Research. "Is it little more than a crapshoot of wait times. hasn't helped courts deal with problems of "The Court has ventured beyond legal social inequality. "If we give up on the politheaded the 200 I Royal Commission on the depending on the judge and the day of the Future of Health Care in Canada. He said week?" Co-organizer Colleen Flood added principles and into complex social policy, an ical system, going to court on issues in the decision undermines the fundamental that the court ignored evidence that allowing area that has been the domain of lawrnak- which aJI Canadians have an interest, we Canadian values of equality and social wei- private health insurance would primarily ers," Romanow said. " [It] basically said that have failed ourselves and we've failed fare. "Here free markets define justice," be benefit the rich, drain resources from the the prohibition of private health insurance Canada." said, echoing the views of many others at public system, and not in fact reduce waiting enacted by a democratically elected provinPetter's presentation reflected the tone of the Sept. l 6 conference, Access to Care, times. Critics say that rather than strike cia! government was bad public policy ... the conference, which attendee Abe Access to Justice. down Quebec's laws as a constitutional This remarkable level of activism of the Iskander said was too critics! of the Court's The conference examined the legal impli- issue, the Court should have demanded gov- court troubles even those who are sympa- decision. Hartt agreed, joking, "This is the cations of the Supreme Court's 4-3 decision ernments improve the way they manage thetic to the end result." anti-Chaoulli conference, the pro-Chaoulli in favor of Quebec physician Jacques health care.

But Former Health Minister Stanley Hartt conference is next month at Osgoode Hall."

Chaoulli who said that if the public system All<)ll Hutchinson of Osgoode Hall Law disagrees. He says that if the governments Co-organizer Flood says it wasn't supcan't provide people with reasonably timely School said the decision resulted from a fail to provide adequate public care, it's time posed to be this way. "We definitely strove care, they should be able to get it elsewhere. "screwed up constitution" that denies that for the courts to step in. "Cbaoulli was a to have more balance," she says. "We invitThe Court said that when there are unrea- welfare recipients and autistic children have wonderful wakeup for our society. The state ed Senator Kirby, for example, and sonably long waiting times, Quebec's ban the right to have their basic needs met by has to now put its money where its mouth [Osgoode Hall dean] Patrick Monahan and on private insurance for publicly provided governments, but protects the rich who want is," he says. 'There's no reason you should they weren't able to come," she said. services violates rights to security of the per- to be free of government restraint But U of die because the government talks a Jot and Flood says she hopes the views presented son prole(:tcd in Quebec's Charter ofHuman T Law Professor Lome Sossin, a conference can't deliver." Hartt acknowledges that by the conference will help judges make a - - - - -- - - - -- - - - -- - - - - - - - - -- -- - - - , allowing private health will disproportion- better dec1s1on next time they face similar ately benefit the wealthy, but he says that it's cases in other provinces and to reconsider the government's job, not the courts, to their role in issues of public fmancing. ensure health care equality. The court's job That's especially important since with three CONTINUED FROM P.3 is to make sure rights aren't being violated. new j udges soon to join the Supreme Court. such an approach meant letting the gov- and, in some instances, wrote the Jaw." "The government should be blushing,'' he and with the decision already almost evenly ernment do whatever it wanted. Kagan For Hasan. a distmctly stre~sful feature sa1d, arguing that if the Quebec government spht, the Court's opinion may easily sway. candidly replied, "That would be our pref- of the Grand Moot was its audience. "I can fixes waiting lists, it won't need to change Organizers have sent a book of the papers erence." handle mooting in front of j udges," he the law banning private insurance. presented in the conference to judges at all As noted by the judges while giving said. "I've done that before. and, while But Charles Wright, a health care consul- levels across the country and Attorneys their feedback following the moot, the challenging, it's a lot of fun. The most tant, said the government IS reluctant to General, hoping that they will read the argumooters' impressive performance benefit- nerve-racking part was definitely being in resolve waiting list problems because of the menL'i or hear them through counsel or law ed from extensive preparation. After the front of a packed house of my peers. I political cost involved in reallocating clerks. "I hope that this book will be used by moot problem was fin alized m early knew that expectations ran high. resources away from less efficient services courts in the future to help them truly conAugust, the mooters diligently researched Moreover, in the competitive moots. that save lives but at great financial cost. sider what the impact will be of allowing a the issues raised and prepared the1r facta. you' re just trying to plead your case and "How do you get governments, politicians second tier," she send. "It portends the end " 1 ended up having to work a bit on it in answer quest1ons in a convincing fashion. to face tough decisions that may Jose them of Medicare" some smoke-filled Internet cafes in Paris But in the Grand Moot, we also wanted to the next election?" he asked.

The book Access to Care. Access to while on vacation," said Hasan. put on a show, so there was a bit of added Andrew Petter, Dean of Law at the Justice is avai lable for $35 from the After submitting draft facta in late pressure."

University of Victoria, says Parliament is University ofToronto Press.

August, the mooters participated in a The Grand Moot IS held early in the turning to the courts to make those decisions series of "run-through" simulations before school year to promote interest in mootfor them. "Politicians increasingly look to panels composed of faculty advisors, for- ing, particularly among first year students mer Grand Mooters. and lawyers from who may have limited knowledge of what sponsoring fi rm McCarthy Tetrault. For mooting or oral advocacy are like.

Make mark.

Alexander, the run-throughs were According to Ian Caines (I), the Grand The TOfOnto Stlldent Experieflete. demanding but increased the mootcrs' Moot was very successful in this regard. .., Clf~ tv FIUUN t(&ltiA.$( if tk confidence and fami liarity with the case. ·caines. who found his way to the Grand flufk ... lfM Jttyeli ~l&lt!A.Jl if "By the time of the moot, we'd already Moot via "a human river flowing from been hit with some tough questions and [his] Legal Process class," described himt-/..e/'1'1.. 'NJ...e/'l.;_'j'JW' ul./.e~"'-ti lfre.)'JW' frwvu, t-r »vtUJ ~ tv wurk. had a chance to think about how to self as "wholly unfamiliar" with the Jaw respond," recalled Alexander. "The run- on private access to health care. Although n·we ety!}lf4-k. Atvl vvri-J,. tk.}rMt; through judges . . . brought out the full initially unable to find a seat in the Moot mu- if itviwt.iw>tlr. tf...ere t1'14Jf U/1. t artillery to toughen us up. I remember the Court Room, Caines confessed to takmg a If Jtere"f)ft.&ltl Flf.JUN /J;r"(Jer." McCarthy's run-through as being especial- chair that was propping open one of the · ~...C::.:JON 1\J:l~ f''G·"""-'~rf, ,.,.. zooz. ly terrifying - in a good way." back doors, ostensibly to ventilate the In addition to honing their oral advoca- crowded Moot Court Room. 'The mooters www.fasken.com cy skills, preparation and familiarity with seemed to be well prepared and extremely the law were essential in presenting argu- quick on their feet," says Caines. "I was FASKEN ~ ments before the Grand Moot's distin- really amazed by how well they could MARTINEAU \Y For information contact: hsken MMtineau DuMoulin UP guished panel of judges. Kagan reflected keep up even under the barrage of quesBarristen and Sor!Citors Sally Woods on her experience "mooting in front of an tions."

Patent and Trade-marit Agents Director, Professional Development august - and intimidating - panel who cer416 868 3468 • sallywoods@tor.fasken.com tainly knew the law far better than we did,

FI\(Dll

18

Fl

Dear Helmut: limited number of interviews, I'm sure Ever since I decided to go to law school. I you've heard that having many interviews have really wanted to work on Bar Street. doesn't guarantee a student a job. The But nol~ I'm freaking out - none of my on- reverse is also true: many students with campus interviews went well. I didn ~ hm·e fewer interviews do get jobs. So try to elimvery many to begin with. and I think I really inate defeatist thinking. You don't know hlel1- them. One ofthe interviewet:\' confused how things are going to tum out; thinking me with one ofmy friends, and another one negatively is not going to help. a\-ked me really difficult questions that I had That being said, now is the time to consider no idea how to answer What should I do? a back-up plan of action if in fact you do not Is mr life o\w? get your dream job. Fortunately, the OCl Sincere(v. Wondering !f /will e\·er ha\e a process ts not the be-all and end-all of jobcareer htmting, even if Bay Street is your target area. It's easy to get caught up in thinking Dear Wondering, that OCI's are the only way to go, but As a student who has also been through the remember that many students apply for artidreaded OCI's, I definitely sympathize. The cling jobs on Bay Street even after not whole process can be overwhelming and securing second-year positions. Just because alienating - not a good combination But the OCI thing may not work out for you have no fear- your life is by no means over. docs NOT eliminate your future chances of There are several courses of action you can workmg in the corporate legal world. You take. First · and I don't mean to sound j ust may have to take the path less traveled patromzmg you have to relax, and not m getting there! In the meantime, look assume that you know already how your sit- around for other summer positions. uation will work out. Many upper-year stu- Consider working for a professor or an orgadents I have spoken to say that they couldn't nization; do an internship overseas. Also, tell whether fLrms liked or didn't like them think about whether you are more suited to until they actually got the job! In a situation other areas of Jaw- upper-years and practiclike a job interview, nervousness and feel- ing laywers alike have told me that someings of pressure can make it difficult (even times not getting what you think you want is impossible) to adequately assess your own instrumental in getting what you actually performance. In other words, even if you want. And finally, talk to upper year students thought you didn't come up with good yourself about how they dealt with OCI's answers to questions, the interviewer could and beyond - they can give you valuable have a very positive picture of you as a can- advice. Good luck!! didate. And as for your concerns about your Sincerely, HELMUT

Dear Helmut: I'm a first year student and am finding this year to be really overwhelming so far. I don~ have a job or anything, but everyone is involved in so many extra-curricular activities, and there~- all this pressure to sign up for everything. I'm finding that the schoolwork alone is filling up all my time. Is there any wm to balance all of this more easi(v?

Does it really matter ifI 'm super involved at school, from an employment perspecti\·e?

ThanJ.s. Bu.~l as a tJee

fall behind in your readings. These and other techniques will help you manage your workload efficiently, so you still have time both to relax and to do extra-curricular activities.

Speaking of extra-curriculars, it may be tempting to follow your peers m Stgning up for anything and everything. But Helmut's advice is to be selective and only sign up for stuff you're actually interested in. rather than feeling like you have to be "superinvolved" to get a job. In being selective about your activities, you will have more energy to devote to both the club:. themDear Busy, selves and your academics. No one want-. to Ah, the ever elusive balance. We all talk be over-committed and unable to get anyabout it, yet most of us struggle with it con- thing done! Look at your classlwork schedtinuously - including second and third- ule and the time you spend on academics. years! You mentioned you don't have a job, and then assess how much time you are willso I w11l tailor my answer to a situation like ing to spend doing extra-curricular activiyours. ties. Then, choose ~orne groups that are right First, in Helmut's humble opinion school- for you and that fit into your schedule. You work ought to come before activities. may find you have more time than you Grades aren't everything, of course we thought, or that you need to drop out of an law students need to have lives outside of activity: everyone is different with respt.>ct to academics - but they are often the first thing what balance works for them. employers look at when you're job-hunting. Achieving balance is very touch-and-go, Moreover, as a practicing lawyer, one wants and it will take time, especially since you are to actually know something about the law in first year and just getting used to the - hence the importance of doing at least amount and nature of the schoolwork. some work. But keep in mind that studying Rcrnemlx.~ that upper years - including the a lot is not the same thing as studying effec- members of Helmut have been through it tively. Talk to upper-years about their own and survived- and if we can, you can\ Good study strategies. If you're having trouble luck\ Sincerely, HELM\IT understanding something, go to professors as soon as the problem comes up. Form Need some advice'?! study groups wi.th classmates, and try not \o £ rna\\ dear_be\mu.\((i;b otma\\.com.

Grand Moot

your

I

Good people make us great. . · p visit us at www.goodmans.ca or contact Catherine Chang For more mformatlon on our Student r)ograc~s t lie Courtney (416 597 4202 ccourtney@goodmans.ca).

(416.597.4190, cchang@goodmans.ca or an e . . '

y, I eak to one of our UofT students: Ian Andres, Jason Galbraith, Evan Gold, Kyla ~a.marche, ou ca~r:gs~es~aich, Vanessa MacDonnell, James Rickert, Ryan Taylor, Lee Waxberg or Logan Willis.

GoodmanS Barristers & Solicitors I Toronto I Vancouver I Hong Kong I good mansca

¢

8

Co~rting

LEGAL ISSUES

BY JONATHAN SONG

Glancing through the recent news from the south of the border, one is struck by all the brouhaha stemming from President Bush's nomination of two new justices for the US Supreme Court. It's almost like the pr6idcntial elections, and although the rest of the world docsn 't \\1ltch with nerve-racking trepidation. many Americans certainly do.

Supreme Court appointments have a way of disciplining the two major political partie:. do\m there. The culturaLradical democratic socialist publication the Nation joined with the centrists Democrats of The New Repuq,lie to oppose John Roberts' nomination for Chief Justice. The Weekly Standard - neoconservative trumrt:ter of liberal imperialism - ~1ood alongside its bitter critics on the Old Right: The American Conservative, to support precisely that (pity Harriet Miers. who scarcely has firm supporters any\\here).

Why don't Canadian Supreme Court nominations excite such depth of feeling? Is it simply another case of what a fellow first year called "American populism vs.

Canadian statism'"? In a way I suppose it is.

Canadians don't have much wide-ranging debate about Supreme Court nominations largely because Canadians are still debating whether to allow such debate in the first place. Last year, Prime Minister Paul Martin promised to increase the transparency of the Su-preme CouT\ nom\nat\on process. ln practice, this means a pane\ composed of par\iamclllarians and legal professionals will

~e

BY CLAUDIA BRABAZON

filibuster. as the President's The Congressional allies can try to shut down a filibuster through a cloture, but can only succeed with the support of a majority of the Senate.

Such a process certainly imolvc:-. plenty of room for partisan interest<; to go on the warpath. Is it a more democratic process'? Well yes, but democracy is a political philosophy, not a religion.

America's founding generation often agonized over how to deal .,.. ith the fact that organi;~cd factions, rather than intellectually autonomous individuals, would dominate thc1r political scene. Factions, after all, had been condemned as injurious to the body politic by the most esteemed political philosophers in the history of their civilization.

Aha! The Yanks arc once again hoisted by their own self-righteous petards and shown to be the inferior Calvinist philistines we've always known them to be!

No Virginia, it's not that simple. Given uur O\'.m unimpressive level of voter participation, it cannot be said with any certainty that the Liberal Party agenda of mildly ncoliberal economics, cultural radicalism, and managerial bureaucratism commands enthusiastic support from an overwhelming majority of Canadians. Rather, Canada is in a situation where the factions that constitute the post-Trudeau Liberal Party and its brood of ideological progeny arc so solidly

Mudslinging, sensationalism, clouded

entrenched they arc able to masquerade as some sort of national will.

Is this a good thing'? Perhaps. Many if not most Canadians don't seem to mind.

Docility isn' t approval, but it is clear that while the Americans are still in the midst of their 1960s-induced Kulturkampf, we Canadians have a stronger societal consensus. But what would happen if Canadians adopted the US judicial nomination process? My inclination is that our famed national consensus would start unraveling.

Was there not a recent political-legal controversy in Ontario that has demonstrated to at least one of our emerging cthno-cultural lobbies that multiculturalism isn't always wielded as a scimitar, but can be a doubleedged sword as well?

And while we Canadians are told by our Federal government that same-sex marriage ha-; a firm foundation in our national culture. consider for a moment what would have happened had the issue been put to a free vote in the Commons, or even (God forbid) a national referendum?

So long as real debate about our Supreme Court nommecs remains verboten, s11ch pesky difficulties need not trouble us.

Sh~ria. debate

Like it or not, dispute settlement outside the mainstream legal system w1ll continue

BY DAVID KOLINSKY

Women of all faiths. or of no faith. settle for le~s than what they arc entitled to under secular law all the time. So do men. They may ha\'c any number of reasons for doing so, including pressure from family, concern for their children, or a desire to bring a quick end to what can often be a painful and prolonged dispute.

Critics of Sharia tribunals advanced a number of arguments against the establishment of Islamic family arbitration in Ontario. One such argument is that Muslim women \.,·ho speak limited English and arc unaware of their rights under secular family law will fall prey to men in their communities who will take advantage of their ignorance of the law.

However, to the extent that there are Muslim women who , lack English · skills and are ignorant of the law, there are surely just as many Muslim men who are in the same boat, and yet no one will ever shed a tear for them.

Further, even Canadian women who speak English fluently are often unaware of what they are entitled to in family disputes. Such women, and men for that matter, are confused by court procedure and remain ignorant of matters of substantive law. This is the raison d'etre of the legal profession.

The only coherent position in this

respect would be that of certain femimsts who argue that no woman should be permitted to settle in a family dispute, but rather that c~cry family dispute should be taken to trial. Otherwise, to allow women to settle their family disputes according to certain principles and not others is to treat women as being incapable of making an informed decision about how to resolve their divorce or custody matters.

A second argument against the implementation of Sharia law tribunals is that allowing mmonty groups to operate under separate legal regimes. however circumscribed. is offensive to OUT cherished institution of secularism. Writers such as June Callwood and Maraget Atwood wrote an open letter to Premier McGuinty saying as much. Such commitment to secularism is .,..hy Ms. Callwood et al raised such a vehement protest I 4 years ago when other groups were pcnnittcd to set up arbitration tribunals according to their own religious law.

If people really want to get the opinion of a Muslim that they trust on an issue of child custody or asset division upon divorce, for example, and settle their dispute accordingly, there is nothing that can prevent them from doing so. Abolishing faith-based arbitration will certainly not stop this, nor will it put an end to all the pressures, real or imagined, that are caused for Mushm women by their families and

9

Look to the EU for solution to health care

American circus?

question the Minister of Justice about the individuals the Cabinet has already nominated. fhe Liberal Party would no doubt strongly protest such insidious insinuations.

Docsn 't tmnsparency with Canadian characteristics allow us to avoid the partisan chaos of the American process? Be grateful that the Liberal Party has the best interests of Canadians at heart and so shield-; its children from the political pornography plastered all over that Babylon to the south.

Now in Canada, Reductum ad Amencanum seems to be a hallowed and true method of spiking one's political opponents with minimal cognitive effort (and is often cmploydd by those least capable of such ctfort). But wait, maybe there's something substantial to it this time around ...

After being selected by the President, the nominees to the US Supreme Court must be confirmed by the Senate. The Senate Judiciary Committee then holds a number of public hearings where the views of individual:, and special-interest (public interest, as they call themselves) groups are solicited.

The views of lobbyists arc not binding, but they do help to establish the political terrain through which the nominee must successfully maneuver if he/she is to be nominated ..

The nominee then appears before the Senate Judiciary Committee itself to be grilled on hi. 'her political, legal and moral opinions.

The final decision is made by a vote of the entire Senate. The -party in opposition can try to derail the President's nominations throug/1 extending debate, a method known

LEGAL ISSUES

18 October 2oos

the masses

Is Canadian secrecy better than

=

¥

selves would certainly have struggled to select arbitrators who would have been acceptable. For mstance, would an arbitrator have been required to hold a degree in common law, or Islamic law, or both?

Those who arc learned in both sacred and secular law arc extremely rare. Secondly, what would constitute valid credentials in terms of Islamic training? Would a degree from a secular institution have been acceptable, or only certification from a traditiOnal institute of Islamic learning?

Another important issue would arise if an individual dissatisfied with an arbitral decision applied to have the decision set aside. Of course, all decisions of these tribunals would be subject to the Charter. but there is st11l the inherent problem that Islamic Jaw and all its nuances are outside surprised to know that some of the Muslim the ken of any judge m Ontario. "leaders" who make controversial stateInterest in Islam m North America has ments in the popular media are either self- risen to the point where such prominent taught, lack formal education in the law schools as Harvard, Osgoode Hall and Islamic sciences, or are self-appointed to the Umvcrs1ty of Toronto now offer courstheir positiOn of authority without any es in Islamic law. What could have been a broad-based consensus as to their suitabil- fascinating dialogue about the interaction ity for the position. of two completely distinct legal methodThe selection of arbitrators would no ologies and the degree to which the state doubt have been complicated. The govern- should cede governance of the affairs of ment would have had to consult with the private sphere to pnvatc parties themMuslims to determine who is qualified to selves has broken down into an unfortusit on such panels. The fact that Canadian nate spate of mudslinging and sensationallegislators are unfamiliar with the Islamic ism. legal methodology means that they them-

friends that the opponents of Sharia assure us will be cxacc1 bated if Islamic law is ever used as the basis for family arbitration.

Far more relevant from a legal standpoint is how the arbitrators would be selected. Many non-Muslims would be

"Women of all faiths, or of no faith, settle for less than what they are entitled to under secular law all the time."

No one believed more in the Canadian Medicare system than I did. I mean it.

Nobody. When I saw the paint chipping from the walls in Sunnybrook emergency, I still supported the unique system that precludes private intrusion into anything but non-essential services. I say unique because even the most left-leaning of

"Chaoulli is not a great decision, [but] it has inspired great discourse and debate" developed countries realized a couple of decades ago that an all-pubhc system could sustain cost or quality, not both.

Terrified of the appalling state of affairs experienced by oUT neighbours to the south, who cover only the poorest and oldest (a little over 40 percent of the U.S. population), Canadian politicians and sympathizers have stood firmly against any private involvement in essential care.

Most western European countries, including France, Germany, the Netherlands, Norway, Denmark, Great Britain and Ireland, allow private health systems to operate for most essential ser-

vices, and their public systems typically fund a greater percentage of individual health care than in Canada. According to the Organization for Economic Cooperation and Development data for 2003, public expenditures on health care comprise 70% of total health expenditures, compared to over 80% for United Kingdom, Norway, Denmark and Sweden, and 76.3°/o for France and 78 2% for Germany. So compared with most countries except for the United States, Australia and the Netherlands, Canada has less public health expenditure. Dental care and pharmaceuticals are privately funded in Canada, except for the very poor. In most European countries, dental care and prescription drugs are covered to a greater extent by public plans.

But isn't our health care system better?

On all the basic measures of quality, Canada fares poorly in comparison with our friends in Enrope. We certainly spend as much money on health care, about $3000 USD per person, which is among the highest, excluding the aberrant American example. But when it comes to indicators like infant mortality, "physician density," waiting times and patient satisfaction, we are at or near the bottom of the list. Over the past few years, huge coffers of cash have been funneled into the health care system, with no visible, measurable improvement.

Patients are getting desperate. This desperation among ordinary Canadians who

do not have access to the poorly-pubhctzcd private health clinics that serve the very wealthy, is the reason for all the hype about Chaoulli. Many of us, myself included, are willing to try somethmg more drastic than pouring more money into a system that is sub-optimal, while

core services. If our leaders pay any attention to the world beyond the United States, many viable models exist, none perfect, but all seemingly better than ours.

At the beginning of th1s article, I said that I used to be a big supporter of the public Medicare system. and the Canada Health Act requirement of public del ivery of essential medical services. What changed my mind? Seemg my husband collapse in our living room with acute abdommal pain, arriving by ambulance at Mt Sma1 Hospital, waiting two hours on a gurney m a packed waiting room full of people who probably were not having heart attacks or strokes or other life-threatening emergcnctes, then waiting another three hours to see a physician, before the pain finally subsided and he checked himwatching our over-worked and underpaid self out. Did I mention he never saw a docdoctors and nurses stampede south of the tor? I was frightened not only because I border. didn't know what was wrong, but by the The significance of the Chaoulli deci- utter indifference of the staff, so clearly sion is not about the unansY~Cred academ- inure to this kind of staff and resource ic questions, understanding the ratio deci- shortage that they could not afford to dendi, or the end of public health care. become vested in any of these unfortunate Chaoulli is about a chance to make things lives. better. This does not mean that creating a Chaoulli is not a great decision. It is not two-tiered system as in France or Ireland - a decision that really technically applies even if those systems work better than ours beyond Quebec, and now it is a suspended - would result in better quality and health decision. At the same time, it has inspired outcomes. We could create a single system great discourse and debate which requires as in the Netherlands, in which all patients a\\ of us to become far better informed are cared for by the same poo\ of about mode\s of quality hea\tn care so that providers, but the rich peop\e pay (usua\\y when tne \\me comes to make a cnan~e, through emp\oy=ent benef\ts) for non- we can tt\a'l<.e a ~~'IOU one.

Carbon trading benefits

earth~ business

But is international harmonization just a pipe dream? ,~..,.....,~~

BY TRAVIS ALLEN

our Kyoto target. For policy makers this is major a

Blank stare: "Yeah, but why would you want to trade Carbon?" Th~t was t he response I got every time I concern, one that has the described my summer job. Tru.st me, if you have heard about emiSSions Federal trading, or Kyoto in general, and Government found your eyes glazing over, you are looking for not alone. The question of why any- any opportubody would want to trade greenhouse nity to reduce gasses, things we supposedly w~n.t to emissions.

This is a reduce, might initially seem ndiCUwoefully lous. .

The Kyoto Protocol i_s. a multi- superficial description of the Protocol's evolution, bu~ nation treaty aimed at attammg global It is enough to brings us to the ~e~y stuff. greenhouse gas redu~tions based on . . tradl·ng· The Protocol . . IS mterest-. widespread internatiOnal concerns emiSSions . ~..~.. aJonoside its amb1IIOUS scope, It t::f'' • • • ired related to global climate change. As mg ~. makes use of innovallve econonucs-msp you may have heard, our neighbors to rules, known collectively as_ the "Kyoto ~­ the south and the Australians have nisrns." which give eotmtnes the flextbility .to decided to opt out of the proces~. implement a variety of schemes (such as cnusAdditionally, the Protocol does_n t . trading) to meet their Kyoto targets wtth . 1be cover many nations in the developtng SIOOS reduced cost to their national ~es. world. Nevertheless, Canada and a basi 'dea behind emissions trading and the other number of other large nations have mec~ is thateotmtries that have high~ ratified the treaty. for reducing emissions can pay other oountnes Under the Protocol, each country comwith lower costs to reduce more greenhouse gas mits to a net national reduction of green. ions than they otherwise would The ~y­ house gas emissions. For example, Canada ~countries can then claim these reductions . . . ets 1be has promised to reduce its natio~allevel of mg against their own nattonal erruss1on ~ ·. . greenhouse gas emissions to SIX percent same process applies for comparues _wtth.in below 1990 levels for the years 2008- countries allowing the use of the mechanismS._ 2012. The Canadian government has preFor example, if a widget f~ctory m dicted that based on emissions of green- Kingston was required to redu~e Its ~een­ house gasses over the last couple of years, house gas emissions by one urut, but It had oUT 2010 emissions would be 45% above

a very high cost of reduction, then it could contract with a sprocket factory in Edmonton so that the sprocket factory would implemen t new technology reducing its greenhouse gas emission levels and then transfer the difference betwc~n its own target (which we c~n assume it already met) and its actual eml~­ sions (which we will assume are one umt lower than the target after the ~ew technology is implemented) to the Wld~et factory in Kingston. Holding everythl~g else constant, this leads to a lower social cost of meeting Kyoto targets. .

Some commentators have felt t~at emissions trading is unfair because It allows companies to buy their way out of ~mis­ sion reductions. It would be undesirable for a factory to be able to pay ~ore ~oney to be allowed to dump chemicals mto. a Manitoba town's water sup~ly, ~hllc another firm dumps fewer chemical~ rn~o a stream 1·n the Northwest Temtones. . , However, the Kyoto .Protocol mvolves "high atmospheric mixmg gasses, meaning that emissions are a concern on a global, as opposed to a local level. Thus, for the

purposes of reducing ~lobal "'-am:ing, proponents claim tbat 1t shouldn I matter where reductions occur. .

The situation starts to get reaiiy mteresting when companies trade not ?nly on an inter-provincial basis, but also mterna-

tionally, which is the starry:e.>-:ed goal ~fa number of international emJsswns b~okcrfirms. The potential rewards available age 1 . . l "h from such a step, called mternatJOna .armonization," are very attractive: tradmg internationally could lead to even greater net savings in meeting reduction .targets: as well as spread out rewards for ·~creasmg environmentally friendly production.

Despite the benefits it offers, however, harmonization is not assured. Because of different domestic trading fr~meworks. rules, and concerns over th~ envlr~runental integrity of credits created m fore~g~ countries. there are a number of re.stnctJons or outright barriers to internahona~ t~dc.

Also the development of alternattve systems' in the United States, which do not necessarily conform to basic Kyoto rules, means that there are likely to be _paral~el, but irreconcilable, systems d•_sto~mg world emissions markets, even ~lth Ideal harmonization between the parttcs to the Kyoto Protocol. .

If you are interested m Kyoto ~nd would like to find out more inf~rmatton check out http://unfccc.int. For mfonn~­ tion on Canada's position, go to www.chmatechange.gc.ca.

10

ultra vires

LEGAL ISSUES

18 October 2oos

SPORTS

11

Sharia dialogue, or shouting match?

Young talent boosts intramural "excellence"

Debate stereotyped Islam while ignoring key issues

Law teams off to strong start despite injuries, OCis

BY IMAN ABOKOR AND NAASAH CHOWDHURY A year and a half after the issue of religious arbitration in the family law sphere fll'St made headlines, the Ontario government finally responded w1th a definitive answer on whether arbitration tribunals ought to proceed. On September II th, 2005, Premier Dalton McGuinty officially announced that his government would move to end all legally-binding faith-based arbitration.

As Muslim women who closely followed the Sharia controversy, we had major concerns about how this entire debate was carried out and how the decision to end religious arbitration in Ontario was made. Before you react, this is not an article that seeks to promote or oppose Sharia arbitration but rather to explore some of the major problems that we had with the nature of the debate.

The debate did nothing to improve understanding of Sharia law. At this point, many of you have probably overdosed on the Sharia discourse after endless media reports, protests and roundtable discussions. But after a year and a half of listening to the dangers of religious arbitration, ask yourself, what exactly did you learn about Sharia law? Most importantly, do you know what it is as a normative system?

Or do )'OU }u-,;\. know that Sharia \aw is fun~amcnta\\)' op-po\;cd to women's rights'? OT tlJat Muslim men are oppressors of women? Or did you learn that most Muslim women have little or no agency, rendering them incapable of making decisions for themselves? If your answer to any of the last three questions was yes, then this lends credence to our concern that the debate did not provide a fair reflection of the beliefs, practices and characteristics of Canada's Muslim community. By failing to explain the normative tenets of Sharia law and by neglecting to separate religious legal norms from their various cultural and political manifestations around the world, the media debate in Ontario only served to cement stereotypical images of Islam.

The one-sided nature of the debate was also problematic. For those of you who followed media reports of the Sharia contro-

vcrsy, you probably noticed that the critics of arbitration were given so much coverage that many were surprised when Marion Boyd recommended that religious arbitration be allowed to proceed. When the proside did get heard, it was often the most conservative proponents of Sharia law that deemed themselves the voice of the Muslim community. There were hardly any voices of moderation seeking to find a common ground. One point that the proponents of Sharia needed to vocalized better

"The debate reinforced the stereotypical image of the oppressed Muslim woman."

for individuals' religious convictions and their freedom of choice in making an informed decision. In the debate surrounding Sharia law, Sharia in particular and Islam in general were often so harshly criticized that many people in the Muslim community felt hurt and stigmatized. There is nothing wrong with voicing criticism about aspects of Islam and Sharia provided that one does so in a respectful manner that is cognizant of the fact that what is being discussed is an important and cherished part of many people's lives.

In addition, there was often no consideration of the fact that we allow individuals who make informed and considered decisions to give up some of their rights under Canadian law to do so and that denying this right to the Muslim community was suspect as being discriminatory. One valid concern that women's rights activists had was whether Muslim women who are newly arrived in Canada and fmancially dependent on their families and communities for emotional and financial support were capable and free to make such a decision. But this was not a problem created by Sharia law but rather the socioeconomic conditions of immigrant women, the lack of resources made available to help new Canadians Jearn about their legal rights and

coercive cultures that force their members to act in a certain way. The debate should have focused more on these issues and how to deal with them rather than remaining fixated on what was wrong with Sharia law.

Finally, there was no public discussion and consideration of the Boyd report by the Ontario government who commissioned the report in the first place.

As Muslim women who are involved in human rights projects in Africa and the Middle East, we recognize that Sharia law has been used to negative ends by agendadriven politics. We also recognize that there are parts of Islamic Jaw that might be considered unequal. In critiquing the way that Ontarian society approached the Sharia law debate, we are not arguing for the perpetuation of the status quo in Afghanistan, Pakistan or Iran. Rather what we are arguing for is an educated, sensitive dialogue that looks at the unequal parts of Islamic law within the larger framework of Islamic equity and that better engages the Muslim community, particularly its vulnerable elements. This is exactly what was missing from the Sharia debate and what is needed to make a fair characterization of whether religious arbitration is appropriate within the Canadian law context.

and that needed to be addressed was that regardless of government positions, informal religious arbitrations have, are and will continue to take place in Ontario and that creating accountability, regulation and transparency through government action would likely have better protected vulnerable elements of re\igiou~ communities than a\\owing it to take place underground.

Furthermore, the debate reinforced the stereotypical image of the oppressed Muslim woman. In following the reasoning of opponents to Sharia arbitration, we were struck by how much the stereotypical image of the oppressed Muslim woman remained a running theme. Muslim women were Apathy towards academics perceived as immigrant, poor, uneSocial disconnectedness ducated, oppressed, and voiceless.

While we certamly recognize that Willingness to join clubs there are vulnerable women within Attempts to make eye contact with anyone and everyone around our community both at home and Burning while you pee abroad, we also know pen;onally of many women who are the very antithesis of this characterization.

Then you might be suffering from TEAS: There was also a lack of respect

Submit to Ultra Vires even a cat can do it!

Word limit: 850 ultra. vires@utoronto. ca

ATTENTION THIRD YEAR

STUDENTS!

Do you suffer from any of the following symptoms?

T

hird-year

E

xchange

A

bandonment

S

you

yndrome

Facts: TEAS occurs during the fall term, as a result of many third-year students (known as "joiners") goi ng on exchange.

Friends left behind are those most susceptible to TEAS and its effects.

Each year, over 1/3 of the graduating class suffers from TEAS. ' You're not alone. Help exists.

To join the TEAS support group, meet at Trudeau's hands every Friday afternoon at 2 PM* *Please note: TEAS is not real. Don't show up.

BY JENNIFER MARQUIS It\ a great time to be a sports fan. NFL teams arc moving towards the Super Bowl, Ml B playoff.-; arc underway, NHL hockey is back, the NBA season is about to start, and U ofT intramurals have begun. Could it get any better'?? Living at a time when the Red Sox fail to defend their title past the first round, the Maple Leafs • season begins with a shootout loss, and Shaquillc O'Neal is ass1stmg Miami police m making an arrest .. Anything is possible in the world of sports. The start of the U of T intramural season has displayed a number of similar eccentricities and news-worthy stones that involved the Law teams. The first few games of the intramural season for the Law School had to compete with such events as the traumatic OCI process and the many gifted athletes in second year dedicated to showing up to their interviews well-researched and uninjured.

Nonetheless, the fall intramural season is off to a strong start and the following is a quick update of how our teams are doing.

I team began their season with a loss to (did I hear right?) the Faculty of Engineering. llowever. it should be noted that two or the team's returning players were unable to make this game and I'm sure the season will quickly tum around.

Aller scrambling to find enough players for the 10 o'clock game on the night between the two OCI interview days, the Division 3 team began the season on a winning note with a victory in two straight sets.

Women's Volle}ball The day before the big opening game the Women's Volleyball team appeared as though they may not be able to put together a team, but after a dozen or so c-mails and calls to friends they managed to put together a tough team made up of a number of different faculties. Starting off the season against a Scarborough team that Men's Hockey game of the season to last year's defending had a few line-ups, a coach, and seemed to Puck-injuries seem to be everywhere champions, the team responded with back- have done some practicing, did not leave this hockey season and the Division 1 to-hack wins, and the team's offense is our girls intimidated in the least. The team Men's Hockey team didn't escape the said to have been stronger in the fll'St few played a consistent game that ended in a trend as the season's opening game ended games of this season than all of last year first set 25-22 loss followed by a nail-bitMen's Basketball about ten minutes into it with one of the put together. Combined with some aggres- ing win in the second set 27-25. With no The new members of this year's Men's refs suffering a sizeable cut as a result of a sive fll'St year students (or "young guns" as time left to play the third deciding set the Basketball team have big shoes to fill due puck to the face. The result was the game Ryan Taylor referred to them), and anum- game ended in a tie. Unfortunately the new to the graduation of a number of key play- being rescheduled to November and I look ber of enthusiastic returning players, the volle)'ba\\ rules don't give out ties, so the ers from last year's team. After watching forward to seeing this team out on the ice buzz on the Men's Soccer team is that the)' team ended up with a -point Sl>Tead \oss, but in our e)'eS the season started off on the the opening game I think the rookies are then as I hear only good things about the don't leave their fans disap-pointed. n&\)t foo\ am~ the fum'l:e \ooV..s bn¥,b.\ fo'[ group.

Rumor has it that there is also a up for the challenge. Victoria College did\ne """'""· J>... ..,....n:,cu\~~ n\'i!)'\\\~\ ~-" '"""· Wotnen'" s~~er Division 3 Men's Hockey team out theTe n't stand a chance as the final saw our boys The Women's Soccer season is one of game was the consistent left-handed servsomewhere that is getting ready to start victonous with a score of 69 - 42. Some the toughest and demanding of all U ofT ing orEiiznbeth Acorn who proved to he IJ highlights of the game included (the still their season as long as they find someone intramurals, with the games starting at valuable late addition to the team. sun-kissed) Todd Orvitz's stunning brave enough to play in net.

7:30 in the morning. It takes a lot of dedidefense and the constant hustle of fin;t cation to get out of bed for this season, but Men's Football team The season is just starting for these .~tars year player Dylan Smith on both ends of Women's Hockey The Women's Hockey season begins on our girls have still managed to put a team of the gridiron. The scouting report is that the court. Th1s year's Men's team looks the team is in solid shape. strong and I look forward to seeing Mr. :v1ike Pal back in action with the team in In my first column I made a haphazard the coming weeks. pledge to select an athlete of the month, but with some seasons not quite underway Women's Basketball yet, and keeping in mind that I haven't had The Women's D1v1sion I Basketball the opportunity to watch a lot of the teams team began their season with high hopes of to make an unbiased judgment, I would defeating the Phys-Ed Faculty. With a like to instead select a "Most Ded1cated" great tum-out ofreturnmg players. trans.fcr athlete for this edition of Ultra Vires. This students, first year athletes, and a few g1rls athlete is an indicator of just how devoted borrowed from other faculties, the game the members of the Men's Soccer team arc began strong for Law, but in the end it was to the game. Even after havmg various Phys-Ed that came out on top. Although girls plead with him to come out for a f~w the season began on a losing note, I have a drinks on a Friday night, and after bemg good feeling that with more time on the called numerous derogatory names by h1s court together and once Gab1 Szerze is off male friends, second year soccer star Sma the injured list, there will be no stopping Akbari still refused to join in the weekend this well-rounded group. fun stating he had to be up early on Saturday for his soccer game. Some may Co-Ed Ultimate Frisbee argue that this is yet another instance of The interest in Co-Ed Ultimate Frisbee the "Sina ditch", but I think this is an this year was immense and the Law School example of what true athletes are made of. was able to put together both a Division 1 on the field for the ftrst two games of the Sunday, October 16, and the team is still Such is the update on how our intraand a Division 2 team. The Division 1 year. Playing short-handed and without a looking for more players to till the roster. mural teams are doing. If your team was team easily won their ftrst game against permanent goalie the Law team has ~en All girls who are looking for a great way to missed or if you have a story to share, Victoria College; while the Division 2 unable to pick up a win thus far, but I thmk show off their skating skills (or to learn please feel free to either blame your capthey still deserve a great deal of recogniteam had some trouble against UTM, but how to skate) are encouraged to contact tain for not keeping me informed, or take tion and wish them best of luck for the rest are optimistic they'll get a win on the Kathy Rivington matters into your own hands and e-mail board in the next game. The Law School of the season. (kathy.rivington@utoronto.ca) for more jennifer.marquis@utoronto.ca. A special has had much success with Ultimate thanks to the intramural captains who told Frisbee in past years, winning the league information.

Co-Ed Volleyball The Law School's Co-Ed Volleyball me their game times and let me know the two years ago and losing in the playoffs results of the games I missed. I look forMen's Soccer teams have proven dominant in past years last year, so if you're looking for a team to I've heard much about the Men's to watching more of our teams in ward and this semester there are both Divis1on l bet on, this is it.

Soccer team and its various captains and action in the corning weeks! and Division 3 co-ed teams. The Division antics on the field. After losing their first

12

FEATURES

ultra vires

BY SAM AULT & JULIE BREAU

18

October 2005

FEATURES

Death of a tree

Profs from Famous People

BY BRIAN DUONG

--

+

Boromir (From Lord of the Rings)

+

+

3:44pm October sth: Crews cut the rest of t?e tree down in order to facilitate the production of sawdust.

Thursday, September 29th: The tree in front of Falconer Hall falls victim to the last remnants of Prof. Phillips

Richard Branson

~urricane Rita and sustains its 2nd major fracture ~mce the beginning of the school year. Apparently 1t nearly fell on someone.

10:36 am October 6th: The last day. Large stumps lay on the ground before crews come in to finish the job.

Onlookers shake their heads in disappointment on their \'>'ay to Torts class.

5: 15 pm October 6th: Only a stump remains.

There is no circle of life in this story. But Jet us all take a moment of silence to remember FH tree . ..

-

Prof. Benson Jeremy Piven (The Dean in Old School)

Mark Wahlberg

Eugene Levy

Jason Alexander (George Costanza)

Rick Moranis

Prof. Roach

2:15 pm September 3oth: Crews strip the beloved tree of its leaves, and saw off the rest of 1ts major branches. The tree can no longer hurt anyone. The crew takes the weekend off.

+

--

+

A Slightly Different Picture of George Costanza

Doc (From Back to the Future)

Michel Foucault (French philosopher dude)

Prof. Weinrib

That's the way the cookie

cru~nbles

BY LEE-ANN SIU AND ZIMRA YETNIKOFf

moment of weak- Ho\t Renfrew ness), and had to Z & L: Soooo yumm)'\ We ended on a \\ve wl\.h m)' (o\\)' go\d\\ocks note: th.i.s one wa.<:, '}u.<;\. n\l,n\.

Chocolate chip cookies! Crispy, chewy, cozy, calorific craving-inducing chocolate,

My career is not a

a me.

I

l

chip cookies! And not only do they taste good. they're good for you' Following the logic of the Canada Food Guide, chocolate chip cookies represent all four essential food groups: fruits & vegetables, grams, protem and dairy. Chocolate comes from a plant.

Cookies are also made with flour, eggs and butter. All covered.

Gtven all the profound, deeply-embedded assoctations many have with chocolate chtp cookies, it is important to preface this ranking with an explanation of the places these two authors are coming fi'om, especially since we didn't exactly see eye-to-eye (or taste-bud to taste-bud) on our selections.

Hopefully, letting you identify with our pasts will allow you to better orient your own tastes and preferences.

Zimra:

To learn more about why Ogilvy Renault is the right strategic fit for you, visit:

ogilvyrenault.com/students TORO N TO · MONTRtAL · OTTAWA· QU~ B EC · VANCOUVER. LO N DON (U K)

13

OGILVY RENAULT LlP I S.E.N.C.R.L, s.r1

Sporting Loyalties: I will always be a Habs fan. The intensification of my loyaJty has its origins in the 1992-93 season when the Habs, which at the time included Vmcent Damphousse, Kirk Muller, Patrick Roy, Lyle Odelein and John Leclair, last won the Stanley Cup. This loyalty has not been the least diluted by my move to Toronto. Just the other night I cheered and jumped around the room like a demented rabbit when the Habs scored two goals in less than 2 and a half minutes to defeat the Leafs 5-4.

Favourite fatty treat: Chocolate glazed donuts from the Montreal Kosher Bakery.

Crispy on the outside, doughy on the inside and not the least bit cakey parallel optimal characteristics of a good bagel.

Previous hairstyles: shaven head (buzz cut #2) dreadlocks and a mullet (growing out stage in grade I).

Breakfast basic: Cereal, preferably a plain one like Special K or Com Flakes,

foT \he n"lun\\\.

\\e'!.\ \:ecA.\-\0-~<>UT•<lU~ 1!<"><:>\.;.\e <>"oo::r.>.\\~

next

Brenkfa.'t bm;ic: UV-fimdt.>d

coffee and ciJOco-

late chip cookies,

Me like cookie with fruit cut up inside, preferably bananas, blueberries and/or strawberries, and coffee.

Lee-Ann:

Chinese take-out leftovers. I eat cereaJ for dinner.

Now that you have ascertained whether you are a "Zirnra'' or a "Lee-Ann", proceed to assess our review.

Second Cup Z: Not too big and not too sweet, these cookies hit the spot L: These were. by far, the worst cookies in my opinion. They were too soft! And I couJd taste the coconut oil more than the chocolate. Extremely disappointing.

Sporting loyalties: Sorry to hate, but Vancouver will always surpass Toronto in all things important, including hockey.

Sure, we may have not won a Stanley Cup since time immemorial, and goaltending/uniform choices have sometimes been dubious, but you have to love them for Whole Foods trying. When I was 14, I was convinced Z: While these cookies were pretty good, utterly convinced - that someday I would I could only eat three quarters of one before be Mrs. Trevor Linden. Of the colJegethe sweetness began to make me nauseous. sports variety. I will always cheer for the L: What are you talking about?!? These UCLA Bruins over those fancy-pantsy USC were totally better than the Second Cup TroJanS (even though they'll never win). ones. Overall, probably my favourite ones.

What the hell does a demented rabbit look like, Zinky-poo?

Favourite fatty treat: when my mom Starbucks Z: Way too big to satisfy a snack craving, baked cookies, she would always forget and you can really taste the butter after a about them and they would emerge from the while, which starts to make it taste gross. oven slightly, urn, carbonized. But I grew to Even Danny Kastner thought so. appreciate them, and to this day, I will L: For sure. I'd like some cookie with my always bum mine a little and I hate soft FAT please! It's good for about 3 bites. cookies.

Previous hairstyles: after being told, at Lettieri Z: Very sony, sub-standard cookie. It the age of 10, that the boy's washroom was tasted manufactured and not a little bit like the next door down, I have never willingly sawdust. I think it may have been a bit stale let my hair stray above shoulder-length. And despite my mantra never to cut my own too. bangs, I took kitchen scissors to my head after a particularly disastrous torts exam (a ----~-

NUN\•.\ (..;.\"luo:.u\a\.e. \l> -p<>\.'M.l\\.OU'S. \:\)1: ~· 11t..·st fccd-it-to-yuur-em:n1y cO<>kit.•: A1n• of"thc:m. if"your goal is to maJ;.e lJ lilt t..•nt.•m>~

Be!it smuggle it into class cookie: Holt

Renfrew.

Best cookie to throw at Leaf; fans: Starbucks variety. They will explode on contact and create a large greasy embarrassing stain.

Best "I baked these myself, really I did!" cookies: home-baked chocolale chip cooktes They're unmistakable.

Speaking of home-baked cookies, here's a really good recipe: !tl cup sugar !tl cup brown sugar !tl cup oil I egg I tsp vanilla Y1 tsp salt Y1 tsp baking soda !tl cup chocolate chips I 1>) cup flour Preheat oven to 375 degrees. Cream sugars and oil, and egg and vanilla. In a separate bowl, whisk together dry ingredients. Mix dry ingredients into wet Shape dough into cookies or logs (my favourite). Bake for 8 (logs) or 13 (cookies) minutes. For logs, when they are cool enough but still warm. cut them lengthwise to form bar cookies.

Random Facts About Chocolate Chip Cookies: Ruth Graves Wakefield baked the first chocolate chip cookies in the 1930s.

The Chocolate Chip Cookie is Pennsylvania's official cookie. Ontario does not have an official cookie.

August 4th is national Chocolate Chip day in the U.S.

14

FEATURES

Partners and parasites options. I won't disguise my disappointment that The proposed health regulation that would it was written by have required sushi restaurants to freeze a secretary and the raw fish used in sushi in an attempt to not an associate. prevent the transmission of parasites is no It could have longer on the table. Earlier this year, the provided a valuOntario go':ernment backed down from able sneak-peak the freezing regulation after reviewing the for upcoming summer and articling stufood distribution system for raw fish and dents, something to look forward to other under criticism that there had never been a than disputing the parking tickets of partreported case of a sushi-related parasite ners. But I think it is fair to assume that the infection in this province. task would have been given to an associate As an avid sushi consumer, the whole if it was a little more complex. Imagine if d1scussion sparked my curiosity and I a memo on dining-in rather than take-out came across some disturbing infonnation. was required, just think of the variables: First, there are recorded cases of anisakia- location, ambiance, cleanliness, service; sis, an infection caused by an infestation that work surely demands the finely maniof one-inch Anisakis worm larvae, being cured hands of an associate. linked to raw fish consumption. Scary Then again, an associate, let's call him sushi stories abound on the internet. The Paul, is carbon copied in the memo.

Meguro Parasite Museum in Japan even Perhaps, the task was originally given to has exhibitions of parasites removed from Paul and he passed it on to the secretary. people and other animals, including an So if you looking to prepare for life in the 8.8-meter tapeworm pulled out of a person finn, sharpen those pencils and begin writand claimed to be from sushi. I also came ing memos on all the topics a partner is across a picture of a Japanese man, Shota likely to ask for: where to find cheap parkFujiwara from Gifa Prefecture, who loved ing, what movies are playing and reviews, his sushi, started complaining of etc. I encourage everyone to send their headaches and was found to have worms memos into Ultra Vires for peer review. I in his brain. This picture is enough to know I've brushed up on my trivial topic make anyone give up sushi, though its memo writing skills. I've almost finished authenhcity is questionable. For me, it's an two: one on law school lunches and the ongoing battle between that picture and other is on procrastination through internet the spicy tuna ro\1 at Sushi on B\oor. surfing. \'m trying to match the Sushi HoVIevet. \\ VIas ano\b.e'l: \\em \hat d\s- Memo·~ \>even footnotes - not an easy task turbed me more than any snapshot of a but something I'm working up to. worm: the "Sushi Memo," an August 2003 As for the ongoing debate on the safety memo from a prestigious New York law of sushi eating, I think I'U continue to take finn. It seems that a corporate law partner, my chances, just with a little extra wasabi let's call her Weiss, was not pleased with and green tea. More importantly though, I her take-out sushi. So, Weiss did what any now know that unless I'm prepared to normal person would do in the situation: write a memo on it, I won't be telling any she requisitioned the writing of a memo on lawyers where I ate lunch. take-out sushi. The result is a three-page footnoted memo weighing sushi take-out

BY DYLAN BUDD

ultra vires

An Aftab in Paris

The Forced Adventure Series

BY JARED T. KRLY

For those ofyou who missed Book I, here:~ how things work: every issue my editor (Limra) gives me random street directions, completely without my input. ffith this minimal info, I go, I explore, I meet people, and I write about my adventure. Here we go ... again.

that all th1s effort cannot be for naught.

But you must never forget, mes amis, that the French administration is rarely here to disappoint: my (albeit spacious) place is ideally situated to reinvigorate long-forgotten Scarface-esque ambitions. They call it Stalingrad. If this conjures up images of war-ravaged, Soviet era-style dilapidation, you are according my wouldbe 'hood too much credit.

Notwithstanding my well-honed street smarts and tough-as-a-Nutella-coveredcrepe persona, much agonizing deliberation leads me to conclude that I would rather forsake my $1,000 advance payment and leave a rusty fork permanently embedded in my left armpit than spend my Parisian semester in this portal for Lucifer's imminent arrival. Eight days, three homes, 61 sheets of paper and 258,007 high-pitched 'non monsieur, je peux pas vous aider' later, I am safely sheltered at last in Amelie-ville, viz. the cobblestone streets of Montmartre.

As I write to you now, I am interrupted only by the gentle tapping of leather soles on burnished stone and the occasional hom of a mildly belligerent Vespa-man.

Peace. Of course, life's vicissitudes are far less cumbersome with a freshly baked croissant from the comer bakery to accompany one's morning espresso. Just one itsy-bitsy little thing left to take care of: courses. Croissant anyone?

15

FEATURES

October 2005

Book 2: Surely you must be bluffing

BY YOUSUF AfTAB

« Qu' est ce que vous pensez monsieur?

Ce n 'est pas un hOtel! II faut payer avant de voir votre studio. » And so the tale begins. Paris, France, 2005. A place where the rules are, well, different. A world where inefficiency and ineptitude are the grand nemeses of iniquity. A world where one never knows whether to root for Batman or the Joker (for what it's worth, I side with evil: at least it has a mission statement).

An anecdote to illuminate. My first rendezvous with the State. I arrive in this fair city five days before classes are to begin.

As instructed, on my first morning I make my way to the international house for an introduction to all things exchange. I remain unsure of whether I have a place to live, despite having sent three ''urgent" requests for information. As I will soon learn, residence officials here believe that a message confirming your place in residence is superfluous if you have a place in residence. Brilliant.

So of course I have a place. The absence of any communication is indisputable proof of that. Alas, while the kind lady at the international house knows where I have been assigned to live, she is honour-bound not to divulge this top secret information. Nonetheless, when I leave I can take comfort in knowing that I have a letter to take to the central housing office authorizing them to write me a letter to take to a peripheral housing office authorizing the office's sole occupant to meet me to make an appointment to meet me again at another office to get the key to my residence. Oh, and one little detail: I cannot make this appointment without first signing a lease and paying a month's rent and deposit in cash. Mais bien sur.

One might be forgiven for believing

18

The "My Editor Hates Me" Section Some of you may remember from Book 1 that I was at times questioning the motivations behind my editor sending me to a petting zoo. And if that doesn't ring a bell, at least you may remember how my little adventure ended. Let me refresh your memory. I am in Regent Park, a low-income housing project, about to meet the locals ... and a large, skin-headed white male says: "What the fuck are you looking at? Go back to your fuckin' side of town!!!"

Well, if the proof is in the pudding, then .. .well, we have a lot of pudding on our hands. Take this week's directions for instance: Directions (Stated) I . Take the subway to Victoria Park Station 2. Get on the number 12 bus 3 Get off the bus at Highview Avenue 4. Walk southeast on Highview Aveunue , untit Glen Everest Road 5. Walk south on Glen Everest Road until F1shleigh Drive 6. You're there!

Proof I My first hint that something was amiss should have been the blank stare that met me when I asked the No. 12 bus driver for Highview Avenue. My second hint occurred when I realized I could walk for perpetuity along Highview and never hit Glen Everest Road. So there I was, working on a tight deadline, walking back and forth on Highview, wondering just where I was supposed to be going.

Proof2 Suspicions about the Zimmer's apparent disdain for me were confirmed when I finally found the intersection of Glen Everest Road and Fishleigh. I pan to my left.

Nothing. I pan to my right. Nothing. 270 degrees of nothing. I turn around .. .look up . .. and what do I see? That's right, folks, another low-income housing project.

have really intended.

There, one can see rugged, you could even say beautiful. coastline as far as the eye can sec in either d1rec tion. There arc even little deserted sandy beaches where one could have a picnic and whittle away some hours. I left after five minutes.

~.-:;, ~..:.;~.::-

:vtc and the high boys chillin' in the garden

The Spliffs Next door to the hole in the fence entrance to the bluffs are the Rosetta McCain Gardens. It is the fonncr estate of some well-to-do, ncar-to-death, rich lady who gave it to "the people ofToronto." And as testament to her dying words, the people of Toronto are making full use of it.

Milling around, I came across a wedding ceremony where lots of pretty people were getting their pictures taken in pretty poses, surrounded by pretty flowers, on a pretty day. But it was when I let my journalist's nose lead me to a story, that I found the real people of Toronto. It was the odour of BC's largest unofficial export that led me into a dark comer of the gardens. There, I saw four local residents standing in a circle with the culprit m hand. So naturally, I approached them (with a camera and notepad in hand).

"Hey guys. what's going on?" I get the "oh ffl%k stare." "It's cool, I'm not here about that. I was just wondering what there is to do around here?"

time around here. What would they be thinking? Ok Unpause.

"Go down there, man, there's girls down there!"

Me: "Girls?" (Quizzical look on face.)

"Yeah man. grrls! Not hookers, not bitches- girls!"

Me: "I don't want girls, I want to talk to you guys."

Hindsight Moment #2 Clearly, whatever my high friends were previously thinking just got worse.

I proceed to chat with the one guy who The Cliffs seems to take a liking to me, and was even Jim Hannon, a 60-year-old man with a so kind as to offer me his roach (to which I dog, was my saviour. He kindly filled me in promptly responded, "No thank you. That on where I was, what could be seen, and be an offence under s. 4 of the would confrrrned that the large building behind me Controlled Drugs and Substances Act.'=) really was what it appeared to be. As it turns Then, his friend approached ... out, there really was something worth com"Alright buddy, time to go." ing here for: the Scarborough Bluffs.

Me: "Why? Do I scare you?"

"How do I get to the Bluffs, Jim?" "No man, you don't scare me."

"You see those poles down there? Well, Me: "Am 1 creeping you out?" take a left, and you'll find a hole in the fence. ''No man. lt's just time."

You can scamper down from there." Hindsight Moment #1 \ndeed. lt was time. Leopard s'K\n Apparently, "hole in the fence" didn't make Let's pause for a moment of hindsig,ht: notC\)ad \n hanO., re}ected once av,a\n, \ it on to the Zimmers directions either. men \>moking up, metro~ex.ua\i~h man so\cmn\y O.e"\)arted.

Fo\\owmg. a beat-up. forested road down approaches w\th. caTn<OTa and \eo"\)ard ""-'"' to \he water \ed me to what the Z-dos must notq>ad; asks what he can do for a gi.JOd

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

''Tort law is like love ... ''

BY MATHEW GOLDSTEIN

Can you believe what they tell us in firstyear classes? To be fair, this was Ernie Weinrib, and, yes, there was context. We were talking about Coase theorem and its challenge to the idea that courts can ever be effective in allocating resources efficiently. Coase basically states that courts do not understand economic logic and should stop trying to consider it when arbitrating disputes. lfwe accept that, I pointed out, it leaves open an important question: what, then, should courts be trying do? That is, there must be some purpose to law; I mean, we don't just sit get together and set out all sorts of rules in our society without some greater objective in mind .... do we? "Well," Ernie Weinrib responds, "tort law is like love. Why look for external justification when the inherent beauty is so apparent?"

What the heck does that mean?

Anybody?

Here's a shot at it, though I'm not certain I understand it by half. For starters, my point of departure in asking the question seems to have been wrong. Why

assume that a coherent body of thought, like tort law, should have to rely on some external purpose in order to be sound?

Rather, one can relate to the system on its own terms, analyze it on its own principles, see it as complete within itself.

Forget abstractions like "purpose" or "function"; those concepts are only holding us back. Think outside the box, Ernie seems to be saying, focus more on the 'what' than the 'why'.

Ben Shaer pointed out that Chomsky's theory of language acquisition operates similarly. Forget what you know about

language's outside functions and purposes; it can only be understood in terms of the logical structure inherent within in it. And if this reasoning seems circular, don't worry, it's actually quite helpful. Get outside of the box by getting away from straight lines. Keep the constraints of the borders from keeping us in.

Let's look at a practical example. Two parties dispute, each deeming the other a nuisance. Depending upon the court's perspective, the case can be approached in a number of different ways. For example, the court can debate whose actions are more important to the public good, whose sanctioning will better change people's behavior in the future, how best to force individuals to bear the consequences of their actions, how to achieve economic efficiency through adjudication. None of these approaches, however, say anything about which party is right and which party is wrong. All of them look towards external principles to guide and inform their decisions. They do not make use of the logical structure inherent within tort law.

They use extrinsic reasoning instead of looking inwards.

0

Professor Weinrib's approach, by contrast, operates differently. He calls it a rights-based approach. This model focuses on law as the only source of principles upon which legal decisions should be made, rather than utilitarian, economic, or behavioral modification considerations exemplified above. Think of it as a "lawgical reasoning" model. The focus of the court would be on which party has the dominant right, and which party does not.

Forget public interest, economic efficiency etc - those aren't for the courts to interpret.

Only intemallegal standards would appropriate guiding lights to adjudication.

Leave the other considerations to the political realm. As a bumper sticker might summarize: 'Settle them all and let the legislature sort 'em out.'

It's only been a month, and we're just scratching the surface. But so far our discussions have been interesting and they promise to get better. After all, tort law is like love ... with that as our slogan, how can we go wrong?

0

0

0

0

0 Strongly Disagree

Strongly Agree

cb CASSELS BROCK lAWYERS

To subscribe to Connect _ our new student e·newsletter - visit www.casselsbrock.com/connect •

o 2004-2005 Cassels Brock, Blackwell LLP• Cassels Brock lnd tne CB 1ooo are trade-marks of Cassels Brock & Blackwell LLP. All rlqhts reserved.

16

17

UV INVESTIGATES SALARIES

Ultra Vires investigates: faculty s3laries

Table 2: Cumulative increases of professors with at least four years of service

BY KEJR WILMUT

emia]. I'm happy to Table I : Salaries at a glance accept that barga in ver the past five years, because I belie ve 2000 2001 2002 1999 2004 2003 the salaries of profes- that accessibility is $217,696 $253,917 $257,833 $279,365 $170,655 $285,402 Ron Daniels sors at the Faculty of more important than $158,695 Michael Trebilcock $216,478 $211.755 $198,368 $195,818 $187,143 Law have escalated driving a Porsche." $210,183 $205,507 $192,120 $189,570 $189,020 $152,520 Em est We~nnb dramatically: some facThe proposal was $146,850 $171 .450 $168,900 $160,850 $210,183 $205,507 Ste'phen Waddams ulty members have seen their salary almost accepted by the $164,727 $164,677 $149,544 $112,693 $207,364 $195,264 Brian Lang1lle double. While the administration defends University adminis $203,883 $170,338 $116,858 $110,338 Ed Iacobucci these raises as merit-based increases neces- tration, and the sum$107,606 $202,009 $198,387 $185,000 $149,263 $115 ,232 Bruce Chapman $155p00 $153 ,550 $141,750 sary to recruit and retain top-quality facul- mer of 2000 marked $193,968 $172,821 Kent Roach $167,750 $126p26 $133,479 $118,971 $188,821 ty, some professors claim that raises are the beg1nning of th e Dav id Dyzenhaus $145,100 $142,550 $161,299 $156,237 Jutta Brunnee of awarded almost exclusively in response to escalation $136,729 $122,846 $139;2.79 $160,536 $148,813 $102,686 Macklem Patn::k offers from American institutions, a salaries. Junior fac $143;2.05 $128,571 $114 ,687 $156,592 Peter Benson $159,902 "destructive practice" which has reduced ulty saw thei r $159,576 $161,838 $148;2.00 $144,050 $139,117 Tony Duggan the value placed on Canadian law at salaries increase $157,973 $144,910 $116,532 $125,976 $105,269 Arthur Ripstein Canada's premiere law school. almost $30,000 $124,929 $134,829 $156,886 $135,570 $124,537 Jeffrey Mac~ntosh $108 ,879 The administration funded these raises (starting salaries $149,939 $154,688 $163,544 Donald Dewees $123 ,889 by creating a $1. 7-million recruitment and leapt from $72,000 Brenda Cossman $154,018 $158,096 $131 ,375 $114,942 retention fund, which was made possible to $1 00,000), and $151,109 $140,865 $120,978 $109,031 $109,428 Rebecca Cook and by more than doubling tuition over a four- intermediate Jim Phillips $150,479 $147,241 $117,421 year period. There is evidence that the senior professors Arnold Weinrib $147,352 $133,796 $117,851 $117,301 $114,334 $108,751 salary escalation has benefited male pro- received raises of HamiSh Stewart $145,186 $124,504 $1()5 ;2.49 $104,775 Lorrarne Wernrib fessors su~stantially more than female pro- $15,000 and $5,000, $145,023 $141,675 $131,138 $118,302 $110 ,452 $109,238 Douglas Harrrs $143,562 $143,750 fessors. respectively.

Alan Brudn er $143,540 $130,940 $132,928 $131,278 $122,178 $1 ()5,928 Examining the salary data (see Table 1), In February 2002, Denise Reaume $142,406 $110,449 $100,799 $108,453 the escalation of salaries is evident. a committee chaired Lome Sossin $140,753 Sf30,679 $1()5 ,300 Whereas in 1999 the highest paid professor by Dean Daniels Karen Knop $140,228 $124,654 (M1chael Trebilcock) earned $158,695, released the Report Carol Rogerson $138,201 $133,794 $120,327 $117,777 $109 ,027 today twelve professors earn more than of the Task Force on Dav1d Schneiderman $135,450 $125 ,532 $107 ,128 $105,439 this, and six professors make more than the Future of the Mayo Moran $135,932 $144 ,360 $133 ;2.22 $1 35,672 $125,122 $200,000. In comparison, the highest paid Faculty (known as David Duff $135,366 $103,332 $109,002 $107 ,476 law professors at Queen's and Wmdsor the " Five-Year Ed Morgan $135,206 $144 ,185 $135,363 $126,325 $111,127 earn $129,491 and $117,586, respectively. Plan''). ln addition to J-F Gaudreault-Desbiens $132,807 $127,157 The Dean has a\so seen a si.zeab\e increase recommending that Su}it Chaudhry $127.246 $117,998 $107,128 $105,439 in \\\s sa\ary ~w\\\cb. \S set hy the ?rovost), tui.t\on \ncrca\'.c to J Jenm~er Nede\s\<.'1 $126,386 $112,554 $115,452 $109,014 Aye let Shachar $125,811 $115,642 $106,301 from $170,665 in 1999 to $285,402 in $22,000, the Plan $121,291 2004 The Dean of Osgoode Hall Law called for the creMartha Shaffer $113,353 $106,300 $104 ,825 Darlene J oh nsto n School earns $194,014, while the Dean at ation of a $1.7-mil$121,152 $115,932 lan Lee $120,051 $115,225 Queen's takes home $143,503. " Faculty lion $1(l)p56 $109,463 $115,344 $119 ,971 Trudo Lemmens Although the average salary has grown Recruitment , Andrew Green $119 ,342 23.3%, from $121,651 to more than Retention and $1(6 ,570 $104 ,885 Abraham Drassinower $118,350 $115,451 $150,000, the gams have not been uni- Reward Initiative," Colleen Flood $114,610 $116,937 $107,128 $109,439 formly distributed. While Bruce Chapman, to be funded largely LISa Austin $110,198 Ed Iacobucci, and Brian Langille have seen by increases m Audrey Macklin $120,a:E $102,950 $101,475 their salaries almost double (Iacobucci's tuition, in order to Bernard Dickens $127,829 $126 ,377 $124 ,842 $122,916 salary has done so in only three years), the "ensure that internaRon Daniels' ta xable benefrts $24,549 $25 ,517 $50,045 $5,311 $32 798 $28,368 salaries of nine professors have risen by tional level perforless than a th1rd. Annual raises have been mance. .. will comas high as 45.8% (awarded to Iacobucci in mand nominally 2003), and on twenty-two occasions a pro- competitive internaUnd~r the ausp1ces of the The Public Sector Salary Disclosure Act, 1999, the Province is required to fessor has received an annual raise of more tional salaries." "To publish the salary of any public employee who earns more than $100,000. Note that some caution than 15%. be blunt," stated the shou~d b: used ~he.n interpreting this data. Salary information has been taken directly from the Plan, "law professor Provmce s pubhc disclosure records, and has not been corrected for sabbaticals, administrative benefits salaries at Toronto leave, or other such factors. ' are, at every level, not competitive with the salaries offered Professors who earn more than the range of this university-wide system. If In November 1999, the Faculty's by Toronto's world-class peers." $139,550 arc deemed to be in the Senior the Dean agrees with this request, he can Teaching Association, supported by the Salary Group, and do not get an automatic recommend the increase to the Provost.

De~, brought a proposal to the University ATB increase. Instead, their annual raises The Dean of the Faculty of Law has thus to mcrease professor salaries. The push to are determined on a case-by-case basis by gained a great degree of flexibility to award increase salaries was largely driven by conthe Provost, based on an assessment of certain members of the faculty with what cerns that the Faculty was at risk of losmg ment and a recommendation provided by arc often substantial increases in salary. professors to more lucrative positions at Understanding the changes that have the Dean. Each Dean is given a limited While the precise process by which this American institutions or Bay Street. As occurred at the law school requires first pool of funds to allocate to the Senior occurs remains murky, some professors then-Dean Daniels noted, "Our faculty is in understanding how salaries are determined Salary Group in his or her department. argue that it driven primarily by offers very high demand ... ln order to retain and at the rest of the University. A professor Prior to 2002, this is also how the from American institutions, causing the attract top talent, the pay levels must be elsewhere in the University earning less process worked at the Faculty of Law. With type of work done by some professors to commensurate w1th other top schools." than $139,550 receives an automatic the introduction of the $1.7-million reten- become more lucrative than that done by While Bruce Chapman, identified as a "Across the Board" (ATB) raise, a univertion and reward fund, however, the Faculty others, leading to inequity and a distortivc key player m bringing the proposal to the sity-wide percentage set by the Provost. In added an extra layer of complexity to th1s effect on scholarship.

University administration, suggested that addition, she is eligible for an individually process. While the ATB and PTR process the proposal "[enjoyed) the overwhelming determined merit-based "Promotion still operate for professors earning less than support of members of the faculty," the Through the Ranks" (PTR) increase, which $139,550, and those earning more are conmove was not without its critics. One averages between $1,515 and $2,655. The sidered individually by the Dean, all memanonymous professor argued, "Education Office of Provost recommends merit be bers of the Faculty now have the option of is ... publicly provided and that means that measured based on 40% research, 40% petitioning the Dean for an increase outside The Five-Year Plan specifically warned Bay street salaries are not feasible [in acad- teaching, and 20% service.

0

-

History of the Escalation

The Process for Determining Salaries

Retention Bonuses and US Offers

Bruce Chapman Ed Iacobucci Bnan Lang1lle Ron Daniels David Dyzenhaus Patrrck Macklem Arthur Ripstein Jeffrey Macintosh Stephen Waddams Peter Benson Hamish Stewart Rebecca Cook Em est Weinrib Kent Roach Michael Tre bilco ck Arnold Weinrib Alan Brudn er Brenda Cossman Lorrame Wernrib DeniSe Reaume Jim Phillips O::avirl

~hnAirlArm::an

Carol Rogerson Ed Morgan Tony Duggan Jutta Brunnee Mayo Moran

2004 187 7 184.8 184.0 16i2 158.7 156.3 150.1 144.1 143.1 139.4 138.6 138.1 137.8 1368 136.4 135.5 134.2 134 0 132.8 131 .3 128 2 1?7 ~ 126.8 121 7 114.7 113.2 1086

2003 184.4 154.4 173.3 163.7 141 .0 144.9 137 7 124.5 139.9 136 5 118.8 128.7 134.7 121 .9 133.4 123.0 122.5 137.5 129.7

125 4 117?

122.7 129 7 116.3 109.6 115.4

against awarding salary increases based on offers from US schools, suggesting that " if retention bonuses in response to concrete offers from U.S. law schools are the prima~ ~eans of achieving special salary recogmllon, we are concerned that this will have a distortionary impact that will jeopardize the Faculty's role and relevance in Canada.

If colleagues believe that special in come

gains cun only be realized from securing JOb oflcrs from the U.S., they will artifi-

cially skew the1r research agenda towards the laws and institutions of that country."

To avoid such a result, the Plan rejected a matching process in favor of a " . .. salary structure that recognizes mternationallevel scholarly and teaching performance irrespective of the subjects on which a colleague is writing."

Interim Dean Langille denies that raises arc being awarded solely on the bas1s of offers from American institutions. "It's definitely not the case that you have to get an offer from a US school to get a salary increase." While the Faculty "docs respond to concrete offers," he insists that "it's not 'I've got this offer, you have to match it.'

That's not the way it works. With the exception of ATB rises for junior faculty, merit is driving it for everyone m the law school."

Instead, he suggests, the policy of reactmg to offers from the US has increased salaries for everyone at the faculty by " [putting] pressure on the entire system.

When [professor] A gets an offer from a US school, it also puts pressure on [the salary of professor] B when B is just as qualified." Indeed, in October of 2003, Dean Daniels suggested that a result of the escalation of salaries has been to actually reduce the incentive for professors to court offers from American schools.

Professor Jim Phillips, however, a member of the faculty since 1988 and former Associate Dean, disagrees with Daniels and Langille's characterization of both the process and effect of the retention strategy.

"Professors who have gotten US offers have been able to get large increases based on that fact. We don't 'match' the offers in

2002 171 .9 105 .9 146.2 151.1 106.4 135.6 110.7 114 4 116 8 124.9 101 4 110.6 1260 109.8 125.0 100.4 124.3 114.3 120.0 101 .8

1nn n 110.4 121 .8 106.5 101 .8 11l5.5

2001 1387 1000 146.1 148.8 112.2 133.2 1197 1238 115.0 112.1 100.0 99.6 1243 108.3 123.4 107.9 122.8

2000 1999 107.1 1000

132.7 127.6 100.0 119.6 100.0 114.7 109.5 1000

1000 123.9 100.0 117 9 105.1 114.3 100.0 108.3 101 .1 100.3 100.0 100.0 108.0 113.7 103 5 1000 108.4

100.0 100.0 100.0 1000 1000

100 0 1000 100.0 100 0 1000

100.0 100.0 100.0 100.0

some precise way, but the school has given large increases when this happens, and it has not given similar increases to people whose research and teaching record IS as good or better (but who haven't received US offers)."

Echoing the concerns of the Five-Year P\an, Phi\\ips criticizes what be \'.ees as the retention policy at the facu lty. "Giving large salary increases outside of the normal merit pay structure on the basis of US offers is a destructive practice. Domg so rewards people who do the kind of research work US schools are interested in, and that doesn't include Canadian topics. Moreover, it also puts a premium on research over teaching - nobody ever got a US offer based on their teaching evaluations. And the practice also encourages people to put effort into seeking such offers, which is not good for this law school."

Professor Denise Reaume agrees that an effect of the policy has been a de-emphasis of Canadian law. She believes that "the salary policy is just one clement in a larger cnvironmt.:nt of forces encouraging people not to spend too much energy on Canadian legal issues unless they arc directly comparable to trends elsewhere and unless one is doing the comparison ." However, she states, "Th1s larger environment means that people may not experience themselves to be shifting their research in order to solicit offers; rather they are shifting because it seems like the thing to do, and having shifted, the option of spending time elsewhere as a visitor opens up, and with it the possibility of offers that m turn allow one to bid up one's salary."

Langille strongly rejects the suggestion that salary increases are being unevenly distributed to certain areas of research. "I think that's absolutely wrong. I think (the decision to award a salary increase] goes to the merits of the scholarship: I don't think it's a discipline perspective phenomenon at all."

Although the data is hardly conclusive, there are indications that professors who conduct research in certain fields are benefiting financially to a greater degree than

those who work in other areas. Indeed, the members of the faculty who have n.'Ceivcd the highest salary increases tend to be those who publish in areas that one would expect to be most of interest to schools in the United States.

Consider the top ten positions of the cumulative salary increase rankings (see Table 2). Of these ten members of the faculty, eight conduct research in the general fields of law and economics, contracts, abstract theory, or internatiOnal law (Patrick Macklem and Stephen Waddarns arc the exceptions). ln contrast, the bottom seventeen spots in the cumulative rankings contain only seven professors who can be placed into these categories of scholarship.

Professors who conduct research in Canadian law - especially in the areas of family, constitutional, feminist theory, legal history, and discrimination - dominate the bottom of the rankings.

If raises are being awarded based solely on merit, and not on offers from American schools, the conclusion must be that individuals at the bottom of the list have been deemed not as meritorious as those at the top. Considering the credentials and publications of some of these members of the faculty, such an assertion is difficult to JUStify. Carol Rogerson, for example, a member of the faculty since 1983 and former Associate Dean, is among Canada's preeminent family law scholars, and is often cited by the Supreme Court. Her teaching evaluations are among the best in the faculty, and she has been honored with a University of Toronto Teaching Award. Yet, she ranks ncar the bottom of the cumu\ative ranking tab\e. Given her obvious merit; it is difficult to explain her below-average salary increase if the retention process is not largely driven by offers from American schools. Professor Rogerson declined to comment.

The Gender Divide In addition to indications that the escalation of salaries has not been uniformly distributed across areas of research IS evidence that the escalation has not been gender-neutral. As previously noted, there have been twenty-two annual raises of more than 15°/o since 1999. Of these twenty-two raises, however, only three were awarded to women (Brenda Cossman and Rebecca Cook in 2003, and Demse Reaume in 2004). Women make up approximately forty percent of the Faculty.

Given that male professors have tended to receive higher annual ra1scs, it is not surprising that the cumulative increase m salaries has also favored males. When the cumulative salary increases of professors are ranked (see Table 2), men occupy the top ten pOSitions, and sixteen of the top twenty.

Overall, the gap between the average salary of a male professor and the average salary of a female professor (earning more than $1 00,000) has increased. In 2002, the gap was $16,832, but by 2004 the difference had grown 32.6% to $22,321.

Langille expresses surprise at the suggestion that women's salaries have not increased at the same rate as men's, and suggests that any gender dJfferentiation is the result of the functioning of the university-wide process for determining salaries.

"It seems to me that [salary increases] would be dependent on where women are

on the salary scale. This is a merit-driven process that goes through committees. It's an across-the-university ranking of performance. The fundamental dnver m where people are on the scale IS that process."

Without suggesting that women professors are consciously less valued by the Faculty, it does appear that they tend not to do the type of research (identified above) that is most likely to attract US offers. Of the seven women on the cumulative salary increase rankings, only one, Jutta Brunce, conducts research in an area (international law) considered likely to draw interet from south of the border.

Langille strongly rejects the idea that women arc less likely to receive offers from American schools. While he is unable (for reasons of confidentiality) to reveal specific examples of such offers, he insists "it's not a gendered phenomenon."

Bay Street Pay, Academic Career?

Another of the effects of the escalation is that law professors have become, m general, significantly higher paid than professors in other disciplines. Whereas the minimum salary for Associate Professors in other disciplines is $55,000, law professors start at more than $100,000. The stated rationale for this difference is that unlike English or History professors, for example, Law professors have the option of a career in the more lucrative private sector; if the facu\ty wishes to attract top-rate profesSO£\;, \t must offer sa\aries c\oscr to the range of \hose aval\ab\e on Bay Street. As Dean Damels stated in 1999, "We' have to make pursuing an academic career a reasonable alternative to private practiCe." Not all professors, however, agree that law professors should be pa1d outs1de of the normal University salary structure. " I think all faculty at U ofT should be well paid, and see no reason why law faculty should be paid so much more than our colleagues elsewhere in the University," states Phillips. " If you want law practice salaries, go to Bay Street."

While 1t IS without dispute that some members of the faculty could earn a higher salary working on Bay Street, focusing only on the salary from the University ignores the fact that many of the professors at the law school maintain lucrative con-1 suiting practices on the side. Former Dean Daniels, for example, sat on the CanWest board of directors. These secondary sources of income can bring an established academic's salary up to (or beyond) that of a private practitioner, while still retaining the lifestyle benefits of academia.

Furthermore, working as a University professor offers many non-pecuniary benetits over the corporate world. Hours, working environment, and creative freedom are all significantly better as an academic than as a corporate lawyer As Phillips notes, "Being a university professor is a different jOb."

see Editorial (page 18) for uv·s take on the salary debate> >

•• ultra vires

OPINION AND EDITORIAL

18 EDITORIAL

Five-year plan must be re-evaluated here are indications that the Government of Ontario is planning to lift the freeze that has held law school tuition at $16,000 since 2003.

Interim Dean Langille says that that if this happens, the administration has no plans to deviate from the 2002 Five-Year Plan.

Given the unsettling infonnation r_ecently published about the hannful impact of tuition increases on the middle class, and indications that faculty raises are not being detcnnined based stnctly on merit, the administration cannot legitimately continue on the path set out by the Plan until there has been an evaluation of what has been implemented, what has been delayed, and what the effects have been.

A recent StatsCan study (see p.l) has shown that the enrolment of middle-class students at professional schools in Ontario has significantly declined. This is troubling, and suggests that critics of the escalation of tuition were correct when they predicted that many students would be barred from furthering their education.

Langille argues that this study was an aggregation of many schools and many programs, and that this law school has not seen a change in student demographics. He may be correct. However, based on anecdotal evidence from students tt is clear that tuition continues to weigh heavi\y on the minds of students, and fuat most of us are m no way '\.nO.\«:eten\ \o \\s effec\s.

T

~c~ote \u\'.\on

\nctc=c.., an'J \:urtheT, \nete

must be a full and public review of the impact on the student body.

Since 2002, salaries have escalated nearly as dramatically as tuition (see Salaries, pp 16-17). Without question, the professors at

this law school deserve to be well-paid: academia is hard work, often involves long hours and pays less than private practice.

Our faculty is first-rate. If we wish to maintam this level of quality they must be fairly compensated.

That said, there are problems with the current process for awarding raises, starting with the lack of transparency. As Professor Reaume points out, "One of the problems with the current policy, if you can call it that, [is that) if it is having any sort of deleterious effect, there is no way to track it because so " much is secret."

What is clear is that this is not a strictly

merit driven process. Merit alone cannot e:xplain the va'it difference in raises awarded to different members of the Faculty over the past five years Without question, the professors who have received large increases have merit, but many equally worthy professors have not received anywhere ncar such largess. If raises are strictly driven by desert, then the administration has a low opinion of the merit of some members of this Faculty.

It's more likely that many of the larger increases over the past six years have been awarded because those professors received an offer from an American institution. While there is nothing wrong with wanting to hang onto valued professors, there are several problems with retaining professors this way.

First, basing raises on US offers rewards some professors over equally deserving others. A professor of Canadian family law, no matter how meritorious he or she may be, is less likely to receive an offer than a law and economics scholar. Professors thus have an incent1ve to shift their area of research to internationally "trendy" subjects and to court offers. Ne1ther activity adds value to thts mstitution.

Second, US offers do not provide a meaningful measure of a professor's value to our Faculty. Quality teaching, participation in school \ife and ~h into Canadian areas of law are made subordinate to the do\\ar va\ue {)\aced on a professor by the

Ultra Vtres is the independent student newspaper of the Faculty of Law at the University of Toronto.

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KeirWilmut GeoffMoysa GeoffMoysa Ben Reentovitch Sarah McEachern Zimra Yetnikoff Angela Chu Stephanie Giannandrea Laura Bowman Amy Smeltzer Anne Weintrop

Communications Centre, Falconer Hall 84 Queen's Park Crescent, Toronto ON M5S 2C5 ultra.vires@utoronto.ca (416) 946-7684

OPINION AND EDITORIAL

October 2005

19

Law and the City: The Wooing Game Landing a firm is a lot like landing a man

faculty pcrfonnance." Rather than responding to US offers, that is precisely what the Faculty should be doing.

Some say we should av01d critical analysis like this because it hanns the sptrit ofthe Faculty. At Ultra Vires, we believe exactly the opposite: to move forward with the Plan without first looking backward at its effects would be to risk the, yes, excellence of this institution.

This is a sigmficant period of change at the Faculty: a new Dean, a new External Review, and possibly a new building. It is not the time to blindly move forward with .. an old plan.

BY RUBY SINGH

Correction An article in the September Ultra Vires incorrectly stated that last year's orientation committee punctured an underground water main on the back lawn. The main was punctured later in the year at a separate event not connected to Orientation.

UV regrets the error.

Who is steering the LAWS ship?

school or not pursuing post-secondary education. The Harbord model, on the other The Law in Action Within Schools (LAWS) hand, involves all 250 Grade 10 students program is seen by many as a great leap for- regardless of whether or not they are likely to graduate and continue on with their studward for accessibility. ies.

The program, spearheaded by former First of all, 1t seems a little odd that the Dean Daniels in a time of significant confrom Central Tech, whose program students troversy over diversity, is loosely modeled better reflects the faculty's vision, only on similar programs m New York that dramakes up eighteen percent of the total nummatically increased both high school graduation rates and the number of students con- ber of students in the program. Secondly, what exactly is the goal of Harbord's model tinuing on to post-secondary education. ln an article published by the Toronto if it is applied across the entire grade? If Star this past April, Daniels sees the pro- they see the purpose of the LAWS program gram as giving students who, for example, as actually promoting education for both Unwc~\\'j o\: \exas. Merit mus\ be defmed may be the flrst in their family to go onto "at risk" and non-"at risk" groups, then this more broadly and the interests of students university a sense of entitlement to higher is something that the faculty should be takconsidered when determining a professor's education. In particular, he notes that "[t]he ing a closer look at. value.

Without getting into a debate about idea isn't to make more lawyers, but rather After all, the escalation of salaries bas to get students who might not otherwise whether or not the faculty should be supcontributed to skyrocketing tuition. In addi- consider university to see it as a realistic porting a program that seeks to enrich the tion to giving students a legitimate interest option." But should we really be trumpeting high school educational system in general, in the salary issue, this means there is a ten- this program as doing just that? It is ques- the law school administration, student volsion between retention and accessibility. tionable how closely the administration is unteers, and the high school administration While it is undoubtedly preferable to retain monitoring the LAWS program to ensure should really be on the same page about as many faculty members as possible, there that it actually is consistent with the facul- what the program is seeking to accomplish. may be a price at which the cost to accessi- ty's goals.

For law students who are devoting their bility is simply too high. A substantial reaThe program has been launched at two time to the LAWS program because of the son that schools south of the border are able Toronto high schools: Central Technical implications for accessibility, this misalignto make such generous offers is that they School and Harbord Collegiate, chosen for ment of goals cuts against the credibility of charge upwards of US$30,000; in this their diverse student bodies and for their the program- the idea is not to provide respect, we should be proud that we are not proximity to the law school. At Central resources to students who would eventually able to compete with them.

Tech, 55 students were selected by teachers end up in law school anyway. It would be In 2002, the Five-Year Plan argued that and guidance counsellors to patticipate in nice if the LAWS program was truer to raises should be awarded "on the basis of the the voluntary program on the basis that they what Daniels set out to accomplish.

Faculty's longstanding criteria for assessing were "at risk" of either not graduating high

ultra vires

18

BY ANGElA CHU

Contributors

lman Abokor. Yousuf Aftab, Aniz Alani, Travis Allen, Andrew S. Anthony, Sam Ault, Claudia Brabazon, Juhe Breau, Dylan Budd, Nafisah Chowdhury, Tara Doolan, Brian Duong, Jon Ellison, Klran Gill, Mathew Goldstein, Nicole Henderson, Sarah Horan, Danny Kastner, Malcolm Katz, Jared Kelly, David Kolinsky, Alex MacMillan, Jenn Marqu1s, Ada Mole, Tiffany Murray, Nadir Nunnohamed. Nicole Richmond, Hadiya Rodenque, Katherine Rogozinski, Dave Seevaratnam, Fredrick Schumann, Christine Shalaby, Adam Shevell, Ruby Singh, Lee-Ann Siu, Jonathan Song, Sayran Sulevani, Alexa Sulzenko, Adnenne Sum, Lee Waxberg, Emma Williamson 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 VU'Cs 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.

The next issue will be published on November 22.

The deadlme for submissions is November 12th.

Submission limit: 850 words.

l just got dumped, and apparently it's not me, it's him. So with my new found predicament, it occurred to me that a boyfriend isn't that different from a law finn. I was reminded of the infamous articling recruitment week. So with my fair share of experience, interview experience that is, and with the November interviews just around the comer, I realtzed that choosing a guy is a lot like choosing a law finn.

The same factors come into play: money, size, and are they a Bay Streeter? But while these initial factors were the first point of attraction, and landed you the interview, what is going to make this relationship last is the tactics played by both you and the finn.

Most law fmns spend the majority of the interview selling you the finn. They talk endlessly about themselves, and for the most part you smile and nod, and agree.

However, unlike the conceited, self-centred guy who only likes to talk about himself, you actually want this to go further. This is

Letters Please Don't Litter!

where you have to throw the comphments back and feed their egos. You have to reciprocate the love. You have to listen carefully, look for the key features that they arc selling, and restate those very reasons as what has attracted you to this firm, and you have to do this with excitement. They want to know who is really interested, and who actually wants to be around for the long haul, versus who is just a gold digger. Make sure you do your research, understand the key areas, and how you, and your background, make you the ideal candidate.

Secretly, they too are looking for Mrs. Right. We are just more up front about it. So forget all that stuff about Mr. Right Now, it's all about Mr. Right For You. You don' t want to be in this situation come the end of your articles. You want to be hired back and moreover, you want to find a fmn that you will want to continue to work with. So ask the important questions, frnd out about the past relationships, why did they end, who ended it? What is the associate turnover rate? How many articling students were hired back? Openly ask why if any weren't

hired back. Ask the long tcnn questions, the come off as too desperate. Either way, you track to partnership, associate work life etc. have to do what suits you, and is in your This is not the first date. That was the OCI, best interests. Law firms, at the end of the and now is the time to find out the home entire process, discuss all the candidates.

They want to know who has shown consistruths, and to decide if this fmn is for you.

Remember the old speech on how tf he tent int~rest throughout the entire process. pressures you, it means he doesn't really Therefore, the slightest holding back on care about you or your feelings? Well, it's your part could be the deal breaker. They not so different here either. Pressure tactics want to find the right candidate, but even come in all ways, shapes and sizes. Some more so, someone who wants them as much firms will try to fmd out what you are thlnk- as they want you.

So with another failed relationship under ing, and may put you on the spot, and even my belt, or, as I prefer to call it, one less make you feel uncomfortable. They need to know who is serious and who ts not. The dilemma in my life, and my articles secured, last thing that they want is to call you with all I know is what worked for me in one an offer only to get rejected. Even law finns aspect of my life, failed for me in another. can't handle rejection. So you know the guy Law firms are regulated by the Law who dumps you first before you can dump Society; they can't openly say what they're him just to make his ego less wounded? feeling or thinking. It's harder for them to Well that's all they're trying to do, and to express their feelings and instead have to some extent you can't blame them. There apply different tactics to get to the same are really only two ways you can play this: conclusion. As individual law students, we be open and honest, or hold your cards close are not regulated by any society. Therefore, to your chest. The latter could kill all you I recommend that when you find the right previous efforts you have made to show firm, or something close to it, wear your interest, but the fonner might appear to heart on your sleeve.

reason is quite simple, people put food in the refrigerators, and if you unplug a refrigerator it doesn't keep the food cool.

This tends to result in unwanted food spoilage. Second, try to avoid blowing the fuse in the same "cafeteria." Though l realize a fuse may be b\own without intended malice, it is rea\\y not that hard to walk out of the room, over to the fusebox, and reset fuse 23. If this is not done, not only will the microwaves not work, a problem easily rectified, but again the refrigerators will not work resulting in food spoilage.

Dance This Way:

llook forward to eating unspoiled food in the weeks to come.

-Bradley Bullock This morning I saw a pile of dirty tissues on the floor of the MCR. That was the last straw. Something inside of me, maybe my heart, broke just a little bit. I just didn't understand ... Why is it that in the same rooms where we discuss issues of equality and social justice, and train to become respected professionals and leaders of our communities, do we lack to decency, respect for our colleagues, and respect for ourselves, to throw our litter in the trash?

Before I came to law school I thought this was pretty basic civilized behaviour. Silly me. And now I fmd that not only to I have to avoid spilling your cold coffee on my papers and fish through your used newspaper to plug in my computer, but I also have to somehow protect myself from your infectious disease. Ifl've said it once, I've said it a thousand times (or someone has) ... Even a little litter is a lot. Litter not.

-Stephanie Giannandrea

Cafeteria woes

" Gang warfare" ?

We read the "Forced Adventures Series" by Jared Kelly in the last edition of Ultra Vires and were surprised to discover that Regent Park was beset with "gang warfare". This was particularly disturbing seeing as how we live a block away from it.

Both of us have walked through Regent Park and surrounding area on numerous occasions to catch the streetcar, or on the way home, at all times of day and night.

Neither of us have experienced any problems. To the best of our knowledge, there is. no "gang warfare" in Regent Parle It is made tip of people, who, yes, earn lower incomes (it is subsidized housmg). Many of them are recent immigrants working to provide a better life for themselves and their families (much as Malcolm's grandparents started in public housing in New York) - and are certainTy not criminals engaged in ''warfare" of any kind. It is unfortunate- even unintentionally (as we are sure it was)- to imply otherwise.

-Susannah Howard and Malcolm Katz.

Please do not unplug the refrigerators in the "cafeteria" next to the SLS office. The

One of the best things about culture is sharing it study. It is ridiculously embarrassing to only understand pieces of a culture you Worst Aboriginal student ever. That's what call your own.

This past summer, while working with I thought as I tried not to sneeze during the eloquent and thoughtful opening prayer of an Aboriginal rights laWJ'er for a PBSC the Aboriginal Student Symposium con- June Callwood fellowship, I began to ducted at the Law Society of Upper understand a bit more. During trips to Canada last year. Prayers are accompanied visit clients on two different reserves, I with a smudge, burning either sage or was not only welcomed, but embraced by sweetgrass, and I happen to be allergic to the community. It was only in experiencboth. Overwhelmingly sensitive to my ing the culture that I began to understand. own sense of identity: I wondered what it Aboriginal cultures are something that are meant if my body was physically rejecting all encompassing, and something that one of the central spiritual practices of needs to be shared.

In this spirit the Native Law Students' Aboriginal people.

Association has organized a social for My family moved off the Six Nations October 25, 2005 from 4-7PM. Tuesday, Reservation in the 1930s, settled in the Niagara Region, and has not moved since. Please join us for light snacks in the The closest thing to a traditional meal we Rowell room and experience dancing and have ever shared is the Friday night tradi- drumrrung on the back lawn. Come for a tion when we order pizza. I've never study-break, come to feel the drumming, attended a powwow, for fear that I might or come for the strawberry juice. And just dance the "wrong" way. Not only because in case you feel like dancing, just ask I'm coordinationally challenged, but we'll show you the way. because different Aboriginal cultures have different traditional ways of dancing including direction. Frankly, with my smudging allergy I think it would be adding insult to injury if I headed the wrong way. Don't get me wrong, there were times when my culture has shone though, but I'm reserving these anecdotes because each merits an entire chapter of a large book.

I've struggled to re-learn the ways of my ancestors and pursued Aboriginal issues throughout my post-secondary education. Raising awareness of these issues remains one of my most important endeavors. Still, understanding and being a part of culture requires more than just textbook

BY TIFFANY MURRAY (ON BEHALF OF NLSA)

20

ultra vires

OPINION AND EDITORIAL

NYC summer student spills secret of his interview success •

BY NADIR NURMOHAMED or some reason I have had very little class to attend in October, and I am looking forward to another week off in November. These weeks have been pretty productive: some time in Las Vegas, and upcoming trips to New York and Montreal. .. really this is a great time for a third year law student.

However, today you won't be reading about my fun times, instead I thought I would impart a few words of wisdom to those wonderful second years, who I have to thank for this time off.

F

Recruiters Recruiters are a funny breed of people.

It's their job to look good for you and entice you into applying to their finn .

Some of them do it by showering you with gifts, others with their winning personality, and still others just tell you how you do it for them. The good recruiters make you want to work at thetr finn, but don't let recruiters be your only reason to accept or reject a finn .

A good friend of mine likened recruiters to cheeseburgers. Some cheeseburgers arcn 't all that appealing at first glance, their buns may be a little larger than you had hoped the toppings are not as bounti' other cheeseburgers, but you fu l as some give it a chance anyways. When you finally bite into the cheeseburger you reahze it's everything you wanted the ketchup has the right amount of s~eetness, the meat is tender and juicy and you fall in love with the cheeseburger. You talk about how great this cheeseburger is ad nauseum. What I'm trying to say is, recruiters arc not the be all and end all of the law finn, take your call back opportunity to learn about the firm from both associates and partners.

Associates and Billable Hours These arc the gems of the finn, the people who will give you the best and hopefully the most reliable infonnation about what you are getting into. My summer experience was quite good although there was one project that didn't go quite as planned. Project Rose was something where I docketed a ton of billable hours. I

· · · h 1 was bllltng on Saturday mg ts, ear Y Sunday afternoons, during lunch, really anyt1me you could think. I was getting · th great s1gnals from the associates on e deal, telling me that Rose was about to close, only a coup1e o f more days. Then wham, out of the blue, the deal is off: no closing celebration, no satisfying fcehng for a job well done, just wasted hours. I'm sure that after r left, someone has reaped the benefits of ProJect Rose, just not me.

One important question that one should consider is balancing pro-bono and billable hours during the summer. Most finns and their billable clients are quite accommodating when it comes to pro-bono during the summer, however, be forewarn~d that billable work takes precedence at most places.

Client Types The finn l worked at had a very diverse range of chents: some long standing relatiOnships, and other clients who were there for one deal, getting it closed, and then moving on. I worked on two files that were of the latter variety. I found these to be much more interesting, since both parties

ry aware of exactly what the were vc h' ld b I bounds of the rel~tlons tp w~u bl e. ~ both cases the partieS came todt e tab de an 1 'd out exactly what neede to e one, at h b h that the deal had t~ close and t at ot parf1e.shad to be w1lhng to do what was necessary to get the bus~ness taken care_of. .

1 Long standing clients were com~n~ ~ for advtce for a number of aspects ? t etr business •. and often wer~n 't looking for any spectfic d~al. T_he btggest benefit to the long standmg chcnt howe~er, IS th_at they arc often very_Ioyal, and wtll. be avallable for repc~t ~usmess. These chcn~s also seem more wtlhng to try new strateg~es out since they arc quite comforta~le With the work _you have done for them m the ~ast.

Thts aspect of a firm o~en won t be known right away. Often tJm~s, further investigation may be necessary m order to get a full understanding of the type of business the finns is involved in. These are the types of things that I would recommend asking partners They are the people who arc bringing the business in, and are dealing with the pros much more closely than associates.

Good luck, and thanks for the holidays.

Mondays are the delight of virtually no-one B'Y "tUlREW S. ANll\ON'Y

ate no\ eas'j. Monda.' j momi.n'I!,S neat\':f \tn\>0' ·\'\)\ e. \">e"\>'\e 'oe\n\!. tn<)\\ vated and energetic for most of my life, Mondays are not easy. Considering the reasons for this, what follows is a best practice strategy for making Mondays easy, if not merely a little less impossible.

First, Mondaj' begins with the weekly battle between my mind and my body.

This battle inherently allows my body the early advantage as my fmger hits the snooze several times, keepmg me in bed at least 30 minutes longer than my mind usually allows. The result of this 30 minute battle is an additional 30 minutes in bed which, ironically, only adds to Monday's exhaustion.

Second, the Monday rush hour train helps to suck the soul straight out of me through that metal bar I am forced to clutch. I hate this train. It is filled to the doors with people I don't know and don't Mono:a.~Y. a~e

care to know, especially since it is Monday morning. My ride to schoo\ takes 30 minutes every momi.ng. On Tuesday, \ buy a <:.<)\\e~ "\ \'n.e "u'ow""Y s\a\\On 'o<:".fote \!,C \tin\!, on the train. I get to sit down, listen to my iPod, read the paper, and generally enjoy myself on my ride to school. But on Monday, I am forced to stand in a stagnant mosh pit surrounded by people who don't realize the consequences of not holding on to something when the train comes to a stop in each station. Finally, there is the long week ahead, demotivating me and standing starkly opposed to my youthful conception of freedom.

Taken together, these rationales are more than enough to predict a weekly bad mood, largely contributing to Monday's relative difficulty. For hundreds of years, since the advent of school and work, it has been so. There has been no remedy for this recurring plight, and while it likely affects all of us, no one is willing to do a single thing about it; however, the reason we dis-

regard th1s egregious cycle is preposterous, smce there are many steps we can take to quash or at least quell the hardships \ncvitab\e to Monday. It is as simple as changing a few individ ual and group behaviors to help counteract the mindbody battle, the rush hour headache, and the long week mentality.

First, the Monday morning triplesnooze must be defeated. The easiest way to do this is to follow your mother's instructions from when you were I 0 years old and go to bed early on school nights.

While this is a simple solution in itself, it is nearly impossible to implement. So, I prefer (and fully advocate) the alternate solution: set your alarm clock one full hour earlier than you intend to get out of bed.

This allows you to snooze on your own time and makes you feel as though you've gotten your money's worth out of your sleep.

Second, although it cannot be avoided, the Monday morning rush hour headache

can be softened by heading to school with a friend. Companionship within a crowd will help you feel like a beautiful and unique individual rather than a cog in the metropolitan mechanism.

Finally, on the idea of the long week ahead serving to demoralize and demotivate, it is essential to analyze our actions on Monday that contribute to this result.

Most notable of these actions is the weekend debrief. Talking about the weekend after the weekend highlights the fact that the next weekend is a full five days away.

Therefore, weekends should only be discussed in advance, when planning purposes override the need to remmisce.

Of course, most of these recommendations wtll not change the fact that Monday stinks. No matter what your week has in store, it cannot compare to your weekend.

So, if you are dead set on improvmg Monday, there is only one proverb to remember: The person who enjoys Monday is the person who dreads Friday.

A LAW DEGREE WON'T GET YOU INTO A COURTROOM. WE WILL. If litigation is your passion and becoming a top counsel is your goal, make sure you work at a firm that has built its reputation on advocacy.

Lenczner Slaght is one of the leading Canadian litigation firms, highly rated by both Chambers and Partners and LEXPERT. For more information contact Perry Hancock, Student Co-ordinator: 416.865.3092 or phancock@lsrsg.com

www.lsrsg.com

You want to be on our side.

18 October 2oos

OPINION AND EDITORIAL

21

STATLER & WALDORPS CORNER

Damn it, I want a Fruitopia BYLEE WAXBERG, ALEX MACMILLAN & SARAH HORAN

Minimum number of emails received from U ofT administration m September: 60 Minimum number of cmails received from Merrill Boden: 39 If there's ever a cutback in the law school's budget, I think we know that Ms. Boden has a promising career as a spammer ahead of her. Even so, I think the prize for "email which had the least impact on my life" goes to Assistant Dean Bonnie Goldberg's email of September 26th infonning us that there was a first year with chickenpox.

Unfortunately, I think the blitzkrieg of emails has deadened our sensith:ity to any announcements the administration sends out. The school needs a new way of getting our attention. Maybe they could start pinning notes to our shirts, like they did for the dumb kids m elementary school. If that fails, acting Dean Langille could always walk around handing out leaflets attached to free samples of Pert Plus.

One final note about cmails: in the time Just wait until the machine gets a little it took to send out the September 22nd worn in and stops recognizing cards. email telling us the pop machines were We're in for a bumpy ride. Here's a sugunplugged, maybe the admimstratton gestion that comes too late: maybe, when could have called someone to go plug .the electrician was installing the lnterac them in. Speaking ofwh1ch ... machine he could have plugged in the Minimum number of days that have bevy machines downstairs.

Rank of the library Jumbotron of passed since that email: 30.

Man, am I ever dying for a Fruitopia "Things that will one day fall and cause from a scaled refngeration unit. Too bad death or serious injury": 3 Number two is the Khngon bird of prey the pop machines haven't been plugged in.

Even more importantly, too bad those milk hangmg from the ce1hng at the Paramount machines haven't been plugged in. I can't theater. Number one is the airplane hangeven begin to count the number of times ing from the ceiling at -\J's Hangar. If you I've heard people complaining that they don't get this one, speak to an alumnus of wished they could find something to wash Queen's University. Or, try visiting down that Big Turk and/or oatmeal cookie http://www.ajshangar.on.ca/ and take the they just ate. While we're talking about virtual tour. Look up. But seriously, I half-assed work, how's everyone liking can't wait for the inevitable December ethat cue-less pool table? And how's the mail from Cheryl Fung telling students not investigation into the law school book to walk between the pylons they've set up below the flat screen when the library thtcf going? That's what I thought.

Minimum number of minutes you have admmistration realizes that it's been hangto wait to buy a bottle of water at Grounds ing by a single nail for 3 months. I have a feeling they just had extra money left over of Appeal: 7 I can't figure out why, but the lineups at tn the budget when Ted Tjaden went on the food kiosk seem longer this year. Arc leave. Ever since Ted Tjaden went on there more people at school? No. Do peo- leave, that whole place has gone into the ple suddenly have a rismg interest in tuna crapper. Who's gonna do my research for sandwiches? Likely not. Oh wait, I know me now that T2 ain't here? I \\ant what it ts: they've installed an lnterac answers. Speaking of the Jumbotron (but machine! Now I dpn 't just have to wait for not really) when are we going to get some the six people in front of me to get a latte, quality TV on that thing?

Mimmum number of episodes of I also get the pleasure of watching them swipe, and then re-swipe their debit card. "Prison Break'' that should have already

been ~hown on the Jumbotron: 6 lias anyone been watching this show?

IT''5 Il'.CREDIBLE. The only thin~ more dub1ous than the show's ridiculous premise is the way they it actually unfolds.

If you haven't been watching, let me ruin the first six episodes for you. Dude's brother is on death row ... and he's only got a month to live! So the lead character (who's name eludes me) decides to break him out by tattooing a map of how to escape from the prison onto his entire torso. Then, he commits anncd robbel)' just so he can get in to the same prison, and break him out. All the while, the brother's girlfriend (a gutsy and succc~sful lawyer who has no discernible practice of her own) is trying to clear the guy through more legitimate legal channels. l'm pretty sure the show's concept was invented when one of the staff writers for 24 stayed up late one Friday to watch The Shawshank Redemption on TBS The lead character is something like Jack Bauer and Andy Dufresne's love child. The show's such a car wreck - I hate it but can't stop watching. l haven't felt this way about a show since America's Funniest Home Videos. The really tricky thing is, I can' t figure out how the show's gonna end. Oh wait, yes I can. They'll get out! Anyway, the second I hear that they're going to Zihuatanejo, or the dude's got ca<;h hidden in a box near Buxton, I'm calling copyright infringement.

22

DIVERSIONS

ultra vires

Restaurant Review: law students get spicy

The Host, 14 Prince Arthur You can eat very well as a vegetarian at The Host.

Here's how: order butter chicken (Murg Makhani. $13.99), neatly remove the chicken and SUCK DOWN THE SAUCE!!!! You see, while there 1s a wtdc array of perfectly pleasant veggie dishes to try. nothing even begins to compare to the rich, fenugreek-scented creaminess of the greatest sauce that has ever been whisked. You might open the meal with tasty tandoori cheese (Do Ranga Panir Tikka, $12.99), you might gulp down some fine ricotta balls in cashew curry (Kofta Dilkush, $10.99), but the vennillion ghost of butter chicken sauce will haunt your quivering taste buds ... forever ...

-Malcolm Katz When I first arrived at the Host Fine Indian Cuisine in swank Yorkville I thought «yes: Dow this is more like it."

It was the style I had wanted to grow accustomed to from the Ultra Vires food critic gig, but had despaired from ever being allowed after my let's-review-the-best-restaurantsin-Toronto-for-dinner idea was shot down by our parsi-

monious Divers1ons Editor, Angela. Walking into the restaurant, I was not to be d1sappomted. Well dressed Yorkvillers gossiped (apparently Sarah thinks too highly of herself) in a plush atmosphere as soft music played in the background. The service was prompt. the food, delicious. As an appet1zer, I had I larc Patey Ki Chat ($7.99). a yogurt. potato and vegetable dish which was pleasantly spicy and far more tasty than the description would suggest. This was followed by my daring choice of Murg Lababdar ($13.99). a chicken dish which was not* butter chicken (although it was still in a creamy sauce). For those of you who only order butter chicken at Indian restaurants (you know who you arc). if Murg Lababdar is anything to go by, Indian chefs really can cook more than just that one plate. Be adventurous. The chicken was fabulous, and great with a mammoth piece of Nan ($2. 75), the scrumptious, fluffy Indian bread that quite frankly is great with anything. To dnnk I had a Mango Lassi ($4.95) which (being a Mango Lassi) was also very good. If there is one criticism of the Host: it is perhaps too polished, almost to the point of sterility. It is a very nice restaurant, but I could have been in any very nice restaurant. It lacks some of the gritty authenticity of Indian restaurants in Little India, but then Little India is hardly close to school like the Host.

-Danny Kastner The Host is a touch closer to school than other restaurants, but much much much pricier. This is a good restaurant for a special occasion, perhaps a dinner since there is no price difference between the lunch and dinner menus.

While the butter chicken ($13.99) was delicious, the vegetarian dishes I tried (Kofta Dilkush, ricotta balls in

cashew sauce for $10.99 and Channa Pindi. Punjabi chickpeas for $9.99) were a little bland. Definitely save room for dessert because both the Rasmalai and Kulfi Pista were excellent ($5.99 each).

- Alexa Sulzenko

Banjara Indian Cuisine, 750 Yonge Banjara Indian Cu1sine, JUSt south of Bloor is a great place to go if you're craving lots and lots of Indian food but can't detach yourself from the wireless wonders of school. The main decor in this restaurant is the signs proclaiming the free wireless internet for laptops. For $9.95, you get access to the all-you-can eat lunch buffet featuring a dozen Indian dishes (both veggie and meat), a whole section of random spring rolls and Asian noodle dishes, as well as coffee and exceedingly sweet ice cream. The food is fairly standard but tasty, and definitely a good deal if you have a large appetite.

-Alexa Sulzenko

''Who's Who'?''

BY JORDAN NAHMIAS

In a quick, and possibly shallow attempt to get to know people better in this school of sometimes seemingly social awkwardness, I have taken on the task of asking one faculty member and one student the same set of II crucial questions.

Below is the first of (what I hope to become) many side-by-side question and answer sessions. In this month's feature, 1 had the pleasure of interviewing Richard Luft (a first year JDfMBA student) and an omniscient in the field of property law.

Professor Jim Phillips.

Q: Who would you rather fight in Mike Tyson's Punch Out...King Hippo or Soda Popinski?

Luft: Soda Popinksi Pbilljps: No comment [1 don't think Phillips was a big Nintendo buff] Q: What did you have for breakfast this morning?

Luft: A two week old baguette (toasted), which then feU apart in my mouth Phillips: Granola and a banana Q: Which album should DO music collection be without?

Luft: Diesel - Sbaq Phillips: Hymns in the 49th parallel kd lang Q: Related question; if you could put together your dream band with members of different bands, what would it be?

Luft: Vic Wooten from Bela Fleck on bass, Steve Vai on guitar, Robert Plant on vocals, Page Mconnell from Phish on the keys [Richard couldn't decide who was a good enough drummer to play in his band] Phillips: The Chieftains and Ashley Macisaac

Q: Where would you rather be than U ofT Law right now?

Luft: Traveling through India Phillips: Nowhere Q: Favounte sports moment?

Luft: Every time the Leafs exited the playoffs since 1967 Phillips: England winning the World Cup of Rugby in 2004 Q: What's the best concert you've ever been to?

Luft: Beck at Varsity Arena. 1996 Phillips: Eric Clapton in Minneapolis Q: If there was a Royal Rumble between the entire faculty here at U ofT Law. who would be the last person standing?

Luft: Waddams Phillips: Me. now that Hudson Janisch is retired Q: If you were on death row. what would you order for your last meal?

Luft: 12 suicide wings from Duff's, 3 pack~ of Sk1ttles. a 16 oz. steak from Moishe's m Montreal. 4 Oreo Double Fudge cookies. And to drink, 3 shots of 92.5 Absinthe and a glass of milk ' PhiUips: Hemlock Q: Do you like plaid, and if so, what's so good about it?

Luft: No. Who would be crazy enough to like plaid?

Phillips: Yes, because its my favourite color Q: Now that I've asked you these absurd questions, what are the chances I get an A in Property I? Luft: Slim to nil Phillips: I in 10

23

DIVERSIONS

18 October 2oos

The Naked Movie Reviewer Hits Back Clothing replaced for history of violence

BY JARED KELLY Facts: In last issue, anonymous editor removes panties from Goya's Maja pamting, despite movie reviewer giving The 40Year-0/d Virgin 4, not 5, stars (i.e. clothed in panties.) Confusion results.

Issue: Honest mistake, big fan of movie, or overwhelming voyeuristic appetite?

Held: Horny voyeur.

Reasoning: Personal knowledge of anonymous editor.

To clear up any confusion, the rating system is as follows: Fully Clothed: Movie sucks wind.

Avoid at all costs.

Partially Clothed: Go if bored or in 3rd year.

Nearly Naked: Take a break from studying and go.

In the Buck: Better than a good _ _ History of Violence For a movie that advertises history, History of Violence is remarkably short in script and in length. I assume the cast was psyched to do this movie because they thought they could get it done in a weekend shoot, and they likely did. But something tells me drawing out a skeleton plot and sparse dialogue over 90 minutes was intentwnal.. .at least that would justify all the positive reviews this movte is receiving.

The story can be summarized as follows (nnd

th•s isn't a simplification)

family

man kicks robber's ass, shady men begin to stalk family man, family man may have secret past, family man and shady men do not get on well. This is an ideal movie for washroom/popcorn breaks. Feel free after each of the movie's 3 scenes, to get up, go

phone a friend, write a summary, smoke ity of violence through gripping. yet simsomething, whatever, but just make sure ple choreography. If you loved watching you come back within a half hour or you Viggo Mortensen kick ass m Lord of the Rings, you will not be disappointed here. will miss the next scene.

But really, there must be some hidden One of the film's best scenes starkly interdepth and meaning behind this trio of mingles sheer violence with raw sex, powbloody scenes, or why else would snob- erfully suggesting that both acts may stem bish moviegoers be rushing to see it? from not so dissimilar origins.

Nonetheless, if you subtract a few gripHmm ... ok, I'll give it a go (picture tongue moving towards cheek): in History of ping flashes of violence, you arc left with Violence David Cronenberg has mastered some TV-movie acting (save William the art of understatement, by letting a Sim- Hurt, who rocks), predictable writing, sevple script and powerful acting perfor- eral holes in heads, one naked lady, and a mances drive a story that is as human as it skeleton of a plot. I found myself searchis raw. The film uncompromisingly delves ing for some deeper meaning while watchinto our personal pasts, revealing the deep ing, trying to justify the movie's hype, but inner struggle that we all must face in really, if you have to look that hard, then overcoming our own demons. By contrast- something is missing.

Although it sounds like I am trashing ing the actions of a loving family man with this film, I actuaUy liked it. Compared to those of cold-blooded killers, Cronenberg the plethora of crap out there, this is lures his audience into his trap. We feel disgust and hate towards the one-dimen- refreshing take on a theme that is constantsional killer, and love and respect towards the family man. And just when we are starting to get comfortable in our perfect black and white world, Cronenberg turns the tables on his audience and forces it to rationalize the contradictory forces that lie within each of us. Such characters are too

BY SAYRAN SULEVANI often left off the screen in film today, and instead are replaced with easy to underDavid Cronenberg's A lhstory of stand one-dimensional characters.

Violence doesn't sweat bullets but 1t And for that, Cronenberg deserves does deliver that which its name promispraise. But effort ain't gonna win you no es. The film avoids gratuitousness by prizes, and alas, neither should the llistory using a pervasive theme of contrast to of Violence. The movie had its moments communicate \ts meaning. and the final message was there, but I didIt starts out as a campy small town n't enjoy the journey enough to warrant drama surrounding a family that is calling this movie a must-see. And really, annoyingly functional. Tom Stall it was predictable from start to finish. (played by Viggo Mortensen), his wife Where the movie does deliver though is Edie (Maria Bello) and their son gather with violence, and it is here where brevity early on in their young daughter's room and simfor a collective battle against monsters plicity are in closets. In another scene, Tom and more effecEdie declare their love for each other tive. Rather urgently as though they're hanging than stage on to somethmg impermanent. Tims the ridiculously atmosphere is sweet but portentous long and when their apocalypse begins. unrealistic The first violent episode pushes n big f i g h t red buttort somewhere and creates scenes, opportumt1cs for more camage, fulfillCronen berg TOMADioMS. ~-""'"ing nnd recreating perpetually its own powerfully prophesy. This isn't violence begetting ··~· ~~";!'..., portrays the !Hs_GJ<~t .. «>->Nw<l _ .. -",...,....,.q,.,..,..,... stark brutal-

Violent Disagreement

EXPLORE PUBLIC POLICY ISSUES

• A unique opportunity to hear and question leading policy experts • Explore the issues in lively discussion groups • Learn, discuss and network

ly depicted and glorified, but seldom studied - and for that, Cronenberg deserves credit. But just because a movie is an improvement on the sorry state of most films, doesn't mean it is good, it just means it's better than the rest. Or as my friend Go Go likes to say, "same shit, different pile."

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violence in the sense that the perpetrator has to go on killing the witnesses to his crime to preserve his secret until the man in the sunglasses yells out "don't shoot I'm blind" (ah, but how did he know you were going to shoot him?).

Rather, the first v\o\ent act makes the next one easier (no matter how unintentional the first act was). This techmque worked in the context of the film to generate entertaining, affecting scenes.

The film also looks at the nature of identity: whether who we are JS who we are perceived to be or something more static. The theme is framed such that no answer flows from the scenes, but contrasting and compelling arguments are given subtly on each side.

The dichotomy that IS eventually communicated makes sense of the slO\~ start (and makes up for it). As a warning or recommendation (depending what you're mto): it also has the amount and quality of sex and violence that you've come to expect from Cronenbcrg. Good film: seeable.

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FASHION

24

SPECIA~

October 2005 · FASHION:

18

.they're well polished so that they fit in with the professional look you're gomg for. that one should be aware of. For women,

BY ADA MOK & KIRAN GILL For bags. stick to somekeep in mind that the shorter you are, the thing s1mple and not too When it comes to fashion adv1ce, this arti- shorter the jacket should be in length. Only worn. Leave the flashy pink cle IS already a couple of weeks too late for tall women could (maybe) get away with beaded bag at home. A simsome of you. But not to worry: even if wearing jackets that fall to mid-thigh. Also ple black purse will suffice OCT's are over, articling interviews, work pay attention to the length of your sleeves. for women and a black functions, or court dates are just around If your wrist is showing, it's too short. If messenger bag for men. the comer. However, in the spirit of OCI all that's visible are your fmgers, it's too Briefcases are a little over madness, this issue, we'll focus on "busi- long. The optimal length is about an inch the top considering that at ness formal" attire, otherwise know as The past your wrist. this point m your career, Most importantly, just because you have you really don't have anySur!.

Fven if you've avoided OCT's like the it doesn't mean you have to flaunt it. This thing of substance to put in plague and are planning to work at an applies to sk1rts as well as shirts. Save them. organization with a conscience, chances those mmisk1rts for Saturday night and the are you'll still have certain occasions, like long skirts for Sunday morning. Ideally, Final Words of Advice a trial or a refugee hearing, where a ~uit your sk1rt should fall to just below the We'd like to end with three will mevitably be required. So for all you kneecap so that when you sit down, you final p1eccs of advice. Firstly, don't wear fashronably challenged people out there, don't end up inadvertently showing more anything you're not comfortable in. or worse, for those of you who don't think of your personality to the interviewer than Ladies, if you're used to wearing pants, you're fashionably challenged but actually you had intended to. Same thing goes for don't wear a skirt suit because you'll probare, here are some words of advice to take v-neck tops, again, save your low cut tops ably end up feeling awkward in it. And if for a night out on the town. Finally, if you feel awkward, you'lllook awkward. the guesswork out of suiting up. you're wearing pants, when you go to the If you intend to forget this article as tailor to get them hemmed, bring along the soon as you've read it because you believe Navigating "The Suit" Spending a lot of money on a suit will shoes that you intend to be wearing. The it can be put to more useful functions, such not guarantee a professional look if it back of your pants should almost touch the as lining your kitty litter box, just take doesn't fit properly. There are countless floor but not drag. away this one thing. The whole point of people out there whose professionalism is Men should also be paying attention to this article is to allow you to reach the undercut by Jackets that are too baggy, and the length of their sleeves and particularly point where what you wear is Jess memoto the length of their pants, since many rable than what you say. At an interview, pants that are too short.

This being said, the most important men suffer from the "over-hemming" syn- you want the interviewer to remember thing you can do when buying a suit is to drome. This problem is unique to men your statements and accomplishments invest in a good tailor. When we say since, unlike women, their shoes tend to be rather than how you dressed. You should "good" tailor, we're obviously not refer- flat. So when you hem your pants to fall be professionally attired so that your clothring to your local drycleaner who just hap- JUSt short of the ground, your ankles and ing is not distracting the interviewer, the \)ens to do a\terations on the side. Like any possib\y your who\e ca\fwi\\ end up being judge or the board member from what

Civil Suits

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exposed wben you sit down. Avoid this

f.1shion faux-pas by having your pants hemmed so that there is a little give at the bottom and so that, when looking down towards the front of your shoes, your pant hem falls halfway between your ankle and the tip of your shoes.

a

a

~ood

not an easy task, but put in the effort to ask around and we guarantee that your tailor will fast become your wardrobe's new best friend. So, our advice is to forget the name brands, and pick a suit that is made of quahty material, works with your frame and that you're comfortable in.

Men are blessed with 11 variety of sutt options so there should never be any excuse for polyester or rayon. However, a common problem for men seems to be buying suits that are too big. This is especially true for men who are tall, but shm.

Again, a good tailor should rectify the problem.

Women, we feel your pain. Finding that perfect suit is a lesson in futility. Not only are women restricted to the very few shops that cater to the professional woman, but our curves can be a curse in disguise. Our advice is to go with the one that flatters your shape and just get it altered to better fit your body. It'll save you a lot of time, effort, and aggravation. Another common mistake is to get a suit that is one size too large, or too small. If your jacket is stretching across the back when it's buttoned or you're unable to move your arms, it's too small. If on the other hand, the jacket is too loose around your chest and hips, you might want to go down a size. Broad shoulders or baggy sleeves can be easily altered, so long as the body of the jacket is fitting your torso. Also, in case you're looking for a wool suit, unlike mens ' suits, very few women's suits come in wool.

You'll probably end up having to buy a polyester blend and that's okay.

Size, or should we say Length, really does matter: When deciding on suit style, or on alterations, there are a few tips on lengths

Why BritneY Spears is not an inspiration for my halloween costume

BY KATHERINE ROGOZINSKI

Strangely, no callback. you're saying.

Finally, if you are interviewing with a non-profit organization, it is a good idea to call ahead to inquire about the dress code.

Although non-profits tend to be more casual, some will prefer that you show up in a suit for an interview while others will prefer that you follow their dress code.

When in doubt, just ask. Otherwise, you'll be known as that summer/articling student who showed up in a totally out-of-place three piece.

Hopefully this article has given you an idea of what dressing to impress involves.

Please feel free to forward your fashion questions to UVfashion@yahoo.ca.

Otherwise, next issue, we'll just rant about our favourite fashion pet-peeves. Until then, do good, and do it in style!

I've given it some thought over the years and I've come to the conclusion that Halloween is my favountc holiday, assuming you can call it that. It's arguably the only time of the year where ridiculousness and tastelessness in dress are applauded.

Social nonns are inverted for a weekend and it's the ."normally dressed" \\ ho find themselves feeling a bit self-conscious at partie:. and at bars. Most people with a healthy sense of adventure and sense of humour love Hallov,:cen, and I love them for it.

But I've been noticing a strange trend in llalloween costumes over the past few years, at least among the fairer sex. Apart from there being a disproportionately large percentage of women dressing as schoolgirls since Britney Spears started (and 1 shudder) making music, a lot more women have been using Halloween as an excuse to wear hardly anything at all. Woah Katherine, that's a controversial thing to say. Of course I agree that we're all independent women who should be allowed to wear whatever we want without being ostracized for it. But then why is it that on any other night of the year dressing like a you-know-what will definitely get you noticed by hoth sexes but probably not in a very encouraging way (unless being judged by women and harassed by horny 81-•}s is your idea of a good night and it very well might be)?

Maybe on Halloween women dress skimpily because guys won't automatically assume they' re looking for action and girls won't look down on them because, it's llallov.:ecn. Or alternatively maybe there's a guy from Securities Regulation to whom you 'vc been dying to shO\\ your wild side: "hy not usc Halloween as an excuse to finally get his attention'! But whatever the psychology behind this phenomenon. whether you're letting the "inner you" loose or you're looking to score w1thout being too obvious about it (as counter-intUitrve as it seems). I suggest to you that using Halloween as an excuse to "skank it up" is getting tired. First, if llallowcen has anything to do with being imaginative in your dress or in general, going as a half-naked nurse or devil is, in my opinion. not original. Let's just say it's become akin to wearing Ugg Boots or Juicy Couture sweatsuits (R.I.P.). If you do value originality, Halloween is the perfect opportunity to explore different ways of being sexy. I can assure you that T&A have been obviously hot since the dawn of (hu)man, but Audrey Hepburn could do sexy with barely an ankle exposed. And who said that Halloween has to be about being sexy anyway? I would argue that Halloween is your one night to look truly ugly and not have to worry about what people will think or say about you (heck, you rn.ght even win yourself a nice prize).

Moreover, why should the career paths of Bntney Spears and Christina Aguilera be

our standards for anything, even something as trivial as llallowcen?

Maybe I'm coming down too hard on us women. Fifty years ago a girl could ha\e been raped or stoned or imprisoned for wearing what a good percentage of women wear to modem day Halloween parties.

But no matter where Halloween trends go next (hopefully towards more rather than less clothes) I think I'll always be sentimental for those Winmpeg Halloweens of yore when we had to integrate our costumes '' ith a winter parka.

I Ialloween was just about having fun with friends and accumulating as much candy as humanly possible.

Or, at \cast unti\ our and toes fingers tumcd numb.

...

"Tits McGee".models what not to wear on Halloween!

Cyborg: Getting ahead of ~he fashio": trend this fall

Just for Men: Guys, leave the white sweat socks for the gym. They should never, we repeat, never, be worn w1th dress shoes.

As for ties, as long as it's not fluorescent pmk or floral (or worse, both), you should be fine. The art of matching ties to shirts could justify a whole article in itself.

If in doubt, stick with a white shirt since everything goes with white. Or you can always bring along a fashionably conSCIOUS friend or ask the salesperson for advice. As for bowties, unless you're James Bond, or auditioning for a Broadway show, there is never any justification for wearing one of those hideous things. You'd think this would be common knowledge by now but we have seen it happen before .....

Accessories: Brown+ Black= Not Cool If you're wearing a brown suit, don't wear black shoes and vice versa. We know you've heard that black goes with everything and that brown is the "new black" but these two staple colours just don't mix.

As for the style of shoe you wear, there's no ideal type, but definitely test drive them before the interview. Take it from us, those pointy three-inch heels may have looked really cute in the store, but they might not feel so cute after spending a day in them while at court or going to an interview. In fact, one of yours truly almost missed an interview due to gorgeous, but ridiculously impractical footwear. Also, make sure

25

FASHION SPECIAL

BY ADAM SHEVELL

:;~~~~~~-=-r~ ~ iE=~~

r,

,-- ~~

"Why I want to work for BLG when I grow up.

1 11

By Suzie Hettderson • • All rights reserved. Copyright 2004.''

A good lawyer never stops learning. At BLG, we passionately belteve in continued education as a way for all our lawyers to be eble to offer the very best legal counsel in today's constantly changing business environment.

From national student tratning programs to Intensive learning programs for a~ates on t~ path to partnership. At BLG this commitment means we are always able to provide our clients with the very best service. For mot1! lnforiNition, visit the BLG website at www.blgcanada com.

CALGARY

MON'TUAl

OTTAWA

TOIIOHTO

VANCOUVU

WATUII.OO a!GION

I

aoaoEN lADNU GUVAIS

IT BEGINS WITH SERVICE

Some of you UV readers might be exited about 80s fashion again, but that's because you're law students. 80s fashion?!

Soooooo 200 I. Let's be honest, the sight of skinny tics, black and white chequcred accessories, florescent or pastel highlighted stnped t-shirts has become so damn commonplace that one might as well be wearing a pair of Gap khakis and a plaid shirt from LL Bean. 80s fashion is about as cutting edge and risque as those t-shirt dresses they sell at Amencan Apparel. Let me guess, you're going to order a cosmopolitan ...

For you bold spirits out there, the ones searching for the next trend before most people arc even aware that it exists, I have one word for you: Cyborg. Forget the safe advice about side ponytails or Flashdancc outfits (though I highly condone bright pumps), the fashion-savvy of today arc pionccnng the trends of tomorrow, and those responsible are taking wearablcs to a whole new level. Domo arigato, Mr. Roboto ...

Don't tell me you've never seen a foot soldier of the cyborg fashion movement walking on Queen West at 4:30 am, looking altogether inconspicuous if it weren't for the tubes and wiring connecting their shoulder pads to their wrist. Or perhaps an individual in a pair of sun glasses with a

beeping antenna, sporting a computer console on their knee-high boot'! Maybe you're spending too much time in the libntry or some other tame environment (like Little Italy) and not enough time exploring the edge where people devote their ncsh and blood to personal expression. Literally.

Everything black-retro may be in today (and it is), but cyborg fashion takes black back to the recent past of sci-fi experimentation and makes a statement that clothes can take the wearer beyond their biological limitations into a new realm of inter-operative synergy with artificial creation. The confident cyborg fashionista exudes optimism at a brilliant future for the humancomputer experiment without the decidedly uncool saccharine of appearing to be friendly or interested. After all, the cool and unfeeling world where computer and steel meets lifestyle choice is one of cold chromatic undertones, dark electro punk overtones, and where a future ilber-productive race of beings is possible.

Think I'm making all this up? Maybe you should take a trip over to visit Professor Steve Mann of the EyeTap Personal Imaging Lab at the University of Toronto. According to its website, the Lab's mandate is "to research wearable computing and cybernetic concepts and to channel developments into practical, market-driven products and processes." The

EyeTap Lab's research strengths mcludc wearable computing hardware and 'Open · Source Mediated Reality' software. These are the people making the next wave of functional fashion that brings a whole new experience to the realm of prct-a-portcr. And if you want to be on the inside before everyone else, now is the time to make your move.

So next time you're wondering how to spic'e up your wardrobe, forget bland 80s fare: it's been done to death, and if you \veren 't in law school the writing would have been on the wall long ago that 80s is decidedly dead.

Again. If you really want to be a pioneer in the annals of fashion fever, if you want to exude the confidence that only comes from knowing that other people are so ignorant and clueless that they will only begin to understand your genius in five years' time, it's time to get into Cyborg.

Sure, trying something new and fun can be difficult and scary, but why not try on

So "m" right now something very new before you're resigned to the boring office attire that will deaden your remaining fashion sense for the rest of your life? Cyborg fashion is your route to an tiber-cool future, today!

26

ultra vires

DIVERSIONS

18

Smoking Hadiya' s Picks with Ellison This week's theme: music

BY HADIYA RODERIQUE We law students spend a lot of time discussmg a plethora of important subjects, from issues ofliability to equality and access to medication. However, we doni spend nearly enough time talking about the real issues. You know. like what are the greatest guitar solos, or where is the best place to find a really good slouchy boot.

Each month I will bring to the table two "top" lists under a unified theme, one that is 'Toronto oriented' as to inform you about wme of the great things in this city, and one that is general. Nm~~ as a disclaimer, all "top lists" are merely my own opinions, intended to spark great debate and controversy because of course most ofyou will think I'm wrong. But really, rsn i that what law school is all about?

This week's theme: Music.

Top of tbe Pops: Best of tbe 80s

Overheard ramblings of Jon Ellison, (II) resident UofT chain smoker and Philo~opher King.

Macedonian proverb: "Kissing a man without a moustache is hke having a coffee without a cigarette."

It is common knowledge that no nation could rival the ancient Greeks in their ability to pierce the veiled mystery of human existence while simultaneously invoking images of the utmost hilarity.

This joke, translated from the original, is a perfect example: Wishing to teach his donkey not to eat, a pedant did not offer him any food.

When the donkey died of hunger, be said "I've suffered a great loss. Just when he had learned not to eat, be died."

Here is a gem of an anecdote related to me by a certain alumnus: Arthur Ripstein and Ernest Weinrib once went together on a voyage at sea.

Weinrib carried a supply of bread, and Ripstein carried a similar amount of bread and in addition a reserve of flour. At sea, they used up the entire supply of bread and had to utilize Ripstein's flour reserve.

Weinrib then asked Ripstein - "Did you know that this trip would last longer than usual, when you decided to carry this flour reserve?" Ripstein answered, "there is a star that appears every 70 years and induces navigational errors. I thought it might appear and cause us to go astray."

Weinrib then exclaimed "You are so knowledgeable and you nevertheless have to travel to make a living?" Ripstein replied bitterly, "How come you are so surprised? Don't you know that two of your own students, who are so smart that they can tell you how many drops there arc in the ocean, have neither bread to eat nor clothes to wear?"

I} THRILLER, MICHAEL JACKSON: Despite Michael Jackson's penchant for strange behaviour (the boys, Neverland, his face}, he wrote some damn good songs. The song alone is a pop classic, but the video takes it to a whole new, magical level. I remember being \hree and hiding behind my sofa when the video came on. 1 was so scared but 1 had to watch, because it was that crazy. The zombies, the cute version of Michael Jackson, the dancing, the 'whoo boo hooos' ... pure pop magic.

2) WAYJj ME UP BEFORE YOU Go-Go, WHAM: Oh George Michael. This song is so awesome that I have two copies of it on vinyl just in case something happens to one of them.

3) BLAME IT ON THE RAIN, MILLI VANlLLJ: Now, many of you may be questioning the inclusion of this song.

"It's from the 90s," you cry. B ut no my friends, this pop gem is from ... wait for it...\989. Other honourable mentions from 1989: Straight Up by Paula Abdul, Buffalo Stance by Neneh Cherry, and My Prerogative by Bobby Brown. I can see the surprise on your face.

4) SOMEBODY'S WATCHING ME, ROCKWELL FEATURING MICHAEL JACKSON: Again, another appearance by MJ. The ominous lyrics, foretelling of an Orwellian Big Brother future, are just so brilliant. And the fact that right now we actually are being watched makes the song that much cooler.

5) HUMAN, THE HUMAN LEAGUE: Despite the strangeness of writing a song with part of your band name in the title, this is a beautiful 80s ballad.

Honest lyrics, soaring falsetto, the spoken word section, wicked synth lines and programmed drums. Gorgeous.

6) 1999, PRINCE: Remember when the millennium seemed so far away?

-

October 2005

DIVERSIONS

27

Out With Cool

BY ANGElA CHU

Despite the fact that this song reminds me that I'm old, the beat of this song is just so awesome, with the synth line making me want to shake it something crazy. And a side note for all those who have seen the Dave Chappelle skit with Prince playmg basketball, it's TRUE! One of the grad students in my Jab was Prince's recording engineer in the 80s and she verified the story!!!!

7) HIT ME WITH YOUR BEST SHOT, PAT BL'-IATAR: For an 80s rock chick song, most would go with 'I Love Rock and Roll'. But once a song has been ruined by becoming a Britney Spears cover, I don't think I could go back to it. Pat Benatar sings this song with a mean sexy little growl. And how can you beat a line like 'come on with a come on'?

Honestly.

8) LIVe>J' ON A PRAYER, BON JOVJ. This song is enough to forgive Jon Bon Jovi for being so narcissistic that he had to name his band after himself. For some reason, this song makes me think that deep down Bon Jovi is Canadian. This song just goes hand in hand with flannel shirts, a pitcher of Keith's and watching Hockey Night in Canada.

Honourable mention in the 'Rock' category goes to Back in Black by AC/OC and Every Rose Has lts Thorn by Poison. Rock on.

9} I WANT To KNow WHAT LovE Is, FOREIGNER: I love ballads, and this song makes me cry. No joke. Girls and boys, wouldn't you want your crush to sit on your bed and play you this song on the guitar while staring deep into your eyes? Sigh.

I 0) BORDERLINE, MADONNA: What would any list be without Madonna?

I'm not going to be cliched and choose Like a Virgin; I'm going out on a limb and choosing Borderline. The best part of this song is the hom hits right before and during the chorus, "bah da ba ba da, bah da ba ba da". Knowing that those aren't real horns but probably synth horns doesn't even detract from the greatness.

Honourable mentions: CLOSE TO ME BY THE CURE AND THIS CHARMING MAN BY THE SMITHS: If I wasn't trying to be somewhat objective, every song on this chart would be from one of these two bands. Marry me Morrissey (Sorry Robert Smith, you're just not cute enough).

INDIE DARLINGS: BEST OF THE TORONTO MUSIC SCENE ESTHERO: Breaking on to the scene with the gorgeous trip-hop album Breath from Another in 1998, Esthero dropped her long awaited sophomore album this year. This girl has a voice unJike any other. Run, don't walk, to pick up her mus1c. Standout tracks: Fastlane,

Breath from Another.

FnsT: A guest on a few Broken Social Scene tracks, this lady is now a rockstar of her own accord. Beautiful, beautiful album with beautiful songs by a beautiful girl. Standout tracks: Gatekeeper, One Evening.

METRIC: If you haven't seen Emily Haines on stage, you are missing out.

Out with a new album, Metric rocks and hops and pops you into a indie rock frenzy of awesome bass lines, crystal clear vocals and clever lyrics. Standout tracks: Succexy, Torture me.

1979: I gotta give a shout out to my boy Sebby G, he's come along way from playing the part of the Prince in our high school mw;ical. Death from Above is a two member band with Sebastien handling drums and vocals, and Jesse Keeler on Bass.

These boys rock harder than anyone I know. Standout Track: If We Don't Make it We'll Fake it.

DllAfll FROM ABOVh,

BROKEN SOCIAL SCENE: Local darlings the Broken Social Scene have their hands deep in the indie pool. This collective, which includes Feist and Emily Haines from the Metric, write great, mellow rock music to listen to on a rainy day.

Standout Tracks: Cause=Time, Anthems for a Seventeen Year old Girl K'NAAN: Originally from Somalia, this awesome awesome hipbop artist should be on your radar. Intelligent, rapid fire What's flow.

Standout tracks: Hardcore, My Old Home.

STARS: Okay, so they're not really from Toronto, they're from Montreal, but they're so good and they come play in Toronto so I feel like inclusion on the list is okay. More melodic indie rock often featuring guy/girl tandem vocals: Lovely lovely music. Standout track: Time Can Never Kill the True Heart.

-- -- -----------

Enjoying the new Wolf Parade release really requires you to see the movie before you read the book. (And even then, I'm not too sure Apologies to the Queen Mary deserves all the critical acclaim it has been getting.) For those who did have the luxury of getting a hold of Wolf Parade's first 4 song e.p. (self-titled, I guess, and burned onto CDRs), listening to Apologies to the Queen Mary is like being at the tail end of a dying relationship. You know what I mean: it mostly sucks but is bearable (only just, though) because all of your relationship memories are from the fever-like beginning stage and these memories are capable of creating enough warm, fuzzy feelings m your heart that you don't have the will to break it off. Or in thts case, to

tum down that sorry excuse for a fulllength debut dlbum. Listening to Apologies to the Queen Mary is especially painful because Wolf Parade made the mistake of redoing two songs from their first e.p., "Modem World" and "Dinner Bells". These watered-down, average rock remakes felt like sad attempts to relive the past and just made the experience all the more disappointing.

The problem that I have wtth this album is not that it's mediocre (don't get me wrong, it's truly ordinary); my beef is that in spite of this, it will probably sell pretty well because Wolf Parade is a band assoctated with so many of the "cool" pop bands that have managed to sweep thetr way into mainstream homes via the curse of accessibility and marketing. The debates that go back and forth as to whether the Arcade Fire are truly genius or merely pretty wrapping for bland music goes to the heart of the problem of when indie bands gain widespread popularity. What's particularly tricky about popular music is that it can be very hard to tell the difference between good and bad music. Often times a marker of bad music is how it was created. When mainstream pop used to be nothing more than manufactured boy or girl groups, you could in good conscience indulge yourself with a guilty pleasure like the Spice Girls because it was obvious that the music was

produced for a very simple, consumptive and purely entertainment-based purpose.

This is even true ~hen record producers tossed out the bubblegum and brought in the faux teenage angst. It was easy to dismiss Avril Lavigne's music as nothing more than clever marketing. She wus an especially easy target after everyone discovered that her fin;t big break came by winning a Shania Twain contest. (It also didn't help her street cred that she claimed to have wntten her own songs. Note to self: apparently penning terrible Iynes for company-produced tunes makes you a songwriter.) ¡ But what happens when bands like the Arcade Fire started out over 4 years ago, playing to half-a-dozen kids at Barfly?

Does it suddenly become possible to listen to good music on Chum FM, in additton to the amazing regular rotation of Elton John? (By the way, I'm not being sarcastic: "Honky Cat" seriously rulz!) It's hard to tell because with mainstream music, so much of a song's success will depend on how many times it's driven it into our heads by being played over and over. And over again. There comes a point where you're so oversaturated with an artist that you can't tell whether or not you started liking them of your own volition. And now it's bleeding over into other areas of entertainment. Does anyone find it strange that

it appears the producers of Jennifer Love Hewitt':. ne~ psychic-trytng-to- olvemysterics drama hired the artist:. \\ho designed the cover for Ftmerul to create the opening credits for the show'! Nice try, industry big. wigs. I'm not falling tor that one. (Ok. so I did watch the first episode.

And cried when the dad told hi~ dead daughter that he always loved her. But that's it! No more J-Love for me.} But it can't be true that mainstream l>UC¡ cess automatically turns art into entertainment. Ntrvana didn't become a guilty pleasure when some nitwit decided to make a Muzak version of "Smells Like Teen Spirit" to play in department stores across America So what is it that irritate:. the snotty mdie kids when small bands become big? For Wolf Parade, it's probably that they don't really deserve all the attention they've been getting any more than Nicole Ritchie does for being pretty and riding on Paris' coattails. The Arcade Fire, however, is a different case. Perhaps there is a fear that they won't be able to tell the good from the bad anymore. Or maybe it's simply bitterness from not being able to exclude others from good music. Beats me. All I know is that it was awesome in both a fantastic and appalling way when Rory Gilmore asked her mom if she wanted to bring the Arcade Ftre CD on her camping trip. Hu-larious!

28

ultra vires

DIVERSIONS

Faculty Smackdown: Round 2

TELEVISION:

Television. Without Watching. savvy staff they employ. These writers inject snarky commentary into nearly More than just a new way to induce male every sentence, lampooning characters, sterility, the laptop favored note-taking actors, writers, and storylines. For a prime tool of today's law student - offers us a example, check out the Gilmore Girls glimpse into how we distract ourselves. recaps: poor Rory never saw it coming.

There are plenty of opportunities for The only concrete evidence that we used to have of in-class distraction was the bap- you to get your snark on, too. Each hanrd doodling of our neighbour or the recapped show has several related chat occasional note passed across the row. threads: the Apprentice even bas one for Now, we see our classmates reading news Donald Trump's hair. And polls throughand sports headlines, clicking away at out the website will keep you chuckling (a Solitaire, or chatting with friends on MSN recent one mentions Michael Vartan 's latest T. V guest appearance, and asks, "What or through email.

But what ifyou find the news a little too should Vartan play after that?" The top depressing, or you throw like a girJ? What response? "Footsie, with me").

You can join the recappers in grading if you'd rather poke your eyes out - or •gasp• listen to the lecture - than subject each episode, something that's sure to yourself to tedious card games? What if delight many an embittered law student. If your only on-line pen pal is Merril Boden? you thought our grading curve was harsh, For many of us, the only medium that is check out the recap archives of TwoP's truly worthy of our distractive energies is flagship show, Dawson's Creek, episodes television, and no laptop alternative will of which consistently drew Cs. Joey Potter do. On the bright side, if you look closer, simply would not have gotten into you'll notice that a few of your classmates "Worthington" with grades like these. have discovered the next best thing: televiWhen it comes to TwoP's critical sion websites. onslaught, nothing is sacred. Sex and the The most popular one is Television City, beloved by critics and the masses without Pity (TwoP). It recaps episodes of alike, is described by TwoP writers as havnearly thirty current shows, including ing "the shelf life of an open bag of chips House, E.R., the West Wing, and the O.C. on a rainy day." The oft-deified Carrie The recaps describe just about every sec- Bradshaw is deemed "a neurotic, skinny ond of an episode. This could grow a bit shrieker-monkey who had bad affairs for tiresome if not for the witty, pop-cu\ture reasons inexplicab\e to her three mis-

BY DAVE SEEVARATNAM

...

matched friends, Slutty, Prissy, and Bossy." Usually hailed for being a fashion trendsetter, SATC drew a different assessment from these writers who "thanked the stars above that [they] never, ever left the house looking like that."

If all of this is a little too much negativity for you, there are other, milder alternatives. TV.com has less clever, but more comprehensive, summaries of shows, with a collection of trivia and a list of guest stars for each episode. Bet you didn't know that Jon Cryer (Duckie from Pretty in Pink) was originally asked to play the role of Chandler on Friends (whether you cared is another matter entirely).

One of my favorite sites is jumptheshark.com. The phrase "Jump the Shark" is an allusion to a Happy Days episode where "The Fonze" jumps over a sharkinfested patch of ocean on his water-skis, a moment considered to have ushered in the demise of that show. Hence, to "Jump the Shark" bas come to refer to a turning point where a show starts its decline. Every program imaginable has its own page, where viewers vote on its definitive "Jump the Shark" moment. There are some "Jump the Shark" categories that are common to a few series, such as "Same Character, Different Actor" (a stunt, you 'II recall, pulled on both Roseanne and Fresh Prince of Bel-Air) or "A very special ... "where

The Results are inl Round 2 semi-Finals Phillips v Roach Benson v Flood

a struggling sitcom attempts a socially poignant episode, only to go out in a blaze of triteness.

These are just a few of the TV-related websites that you can visit while your more conventionally-amused peers play their tired games or chat with their insipid online friends. Partake in a little "Television without Watching" (yes, I know, *groan*), and find out what it really means to goof off in class.

man - but not reasonable. Oh no. Never reasonable .. . in love. "Love does not shine in our lives with the borrowed light of an extrinsic end. In that way, private law is just like love."

The "Nice Headlights" Guy The tort law textbook has been getting actions since before you were bornJ. M. Tory, stud\iest studmuffin in aU the

actions in tort that is.

class of 1951. And 1952.

J. M. Tory (Class of 1951-52) Even today, J. M. is a sensation. His tiny black-and-white likeness on the Class of 1951-52 composite photo still attracts throngs of girls from across the law school who stop and sigh dreamily, playing with their hair, obstructing the entrance to locker room 1043, bewitched still, a half-century on, by his sculpted cheekbones, wheaten hair, strong but graceful chin, and wicked eyes. And this photo only hints at his former appeal: imagine the swathe he cut through these very halls: a living statue, a young Apollo! But don't take my word for it. Just ask Miss A. P. Bacon, Class of 1951-52. "Oh, J.M. is divine!" she cooed when interviewed. "The way he Jooks at me, I feel like I'm the only girl in the whole law school!"

The Torts Textbook For the discerning lady with an eye for quality, the Torts textbook eschews the showy bulk of your Constitutional book or Criminal Code for subtler temptations.

Slim and fit, dignified with age and expe-

Miss A. P. Bacon, who really was the only girl in the whole law school.

"Nice headlights!" The Rebate Guy throws his signature pitch out there. rience, but with a youthful twinkle in his eye, he approaches the nubile young firstyear law student. "Muscle is not sexy," he says, his classic navy-blue garb concealing his tortly charms. "Come my pet, let me teach you. Which tort shall we commit today? Negligee - oh my! - I mean negligence? I contain only the most vivid and interesting judgements for exciting reading." It is with such smoothness that the Torts textbook devastates the bookshelves - and hearts - of the ladies of first year.

"You look just like a model, my dear ... the rights model." With him, tort law is not just a discipline, but a pleasure, which will be all yours. He is, after all, a true gentle-

Some guys will try to avoid him. They walk into the washroom and see the poster above a urinal and feel awkward. Perhaps all the other urinals are occupied. Perhaps they have no choice but to face him. A guy like this might even use a stall: the· ultimate indignity. But soon he'll realize that there's nothing to be afraid of. It's not a big deal to use the poster urinal, not so bad to stare up into the face of the $750 Rebate Guy, enticing with his stubble, closecropped hair, seductive smile, bedroom eyes, his offer of a rebate on the purchase of a Hyundai at graduation. He looks at you Iike the rebate is a secret between you and him. A dirty and naughty and wonderful secret. Next time you might even choose the poster urinal on purpose, and gaze at him unabashed the whole time.

"Nice headlights," he says. "Thanks," you reply, blushing.

Next time: The Law-comotion: Is everybody doing a brand new dance now? Will we get to like it if we give it a chance now?

?•

?•

"The Fonze" in happier days

V of T Law's most eligible bachelors

BY FREDRICK SCHUMANN

29

DIVERSIONS

18 October 2oos

/ / ?•

The Provost, sitting in his fancy ivory tower, thinks he gets to pick our new Dean. Time to pick the People's Champion!

In the end, there can be only one.

Log onto www.ultravires.ca/smackdown and cast your vote in the Round Two of the Faculty Smackdown!

Next issue: analysis of round two, and the thrilling finals.

The Smackdown: Know your gladiators

BY CHRISTINE SHALABY

Many ofyou may think you know your teachers. Some ofyou will have :;pent hours sucking up and visiting their offices with the mgue hope that one day. just one tantalizing tidbit of information will slip out enough to seal your pe1ject academic record and clerkship. But enough about me. The majority of law students know jack about their professors, save for their coffee preferences, their favourite TV shows, and which appellate judges they think are the most misguided. Now you can see the softer side of the U ofT law faculty members through these lillie-known facts from their lives. Read on and learn about those professors you have come to know and love. They, like us, are human, with shady pasts and dubious distinctions. Embrace the humanity, and vote accordingly.

Jim "The Chairman" Phillips Roadie and would-be backup singer for k.d. lang Knighted in 1977; title stripped after the "Marmalade Incident" of 1989 Plaid Shirt Spokesperson for York Region Briefly dated J.K. Rowling while attending Edinburgh University

1979 Edinburgh Fringe Festival HaggisEating Champion (43 and still standing!)

Holds a Master's Degree in Musical Theatre Playwright for Dalhousie Law Follies 7 years in a row

Kent "The Coach" Roach Hart House Scrabble Champion, 1980 Self-Appointed "Boss" of the Springsteen Legal Fan Club, Toronto Chapter

Peter "The Philosopher King" Benson President of the U ofT Macrame Club,

1981 Motivational Speaker and Time Management Coach

1980 Shearing Champion of Half Moon Bay: Fastest Clippers in the South Pacific Finalist in the Starbucks' "Venti is Voluptuous" promotional campaign spokesperson tryouts

Treasurer of the Toronto Portuguese Water Dog Owner's Society

Co-Wrote "Canadian Health Care: Enough Meaningless Drivel, Already!" with Timothy Caulfield

Referred to as "Petey" by the late Chief Justice Bora Laskin

Volkswagen-Certified Beetle Mechanic and Racing Driver

Buckingham Palace Tour Guide, 1977-78

Won the 1987 Senior Prize in Geography at the University of Auckland, New Zealand (this is true)

Division: "Ride Along Roach"

Member of the Citizen Task Force consultmg with TIC officmls to improve consistency, punctuality, and predictability in subway travel services

Workshop Facilitator: "The Real Meaning of the Legal Blood Alcohol Level" with demonstrations and breathalyzer-interactive seminars

Defeated Stephen Waddams in Contract Professors' Arm-Wrestling Showdown, 1999 (Trebilcock disqualified for using performance-enhancing drugs)

Co-Wrote "Tales of the Sweatbox" with M. Friedland after spending 62 days locked m the basement of Flavelle House, an experiment undertaken in solidarity with those held without charge under Canadian Anti-Terrorism legislation

Winner of the 2004 SLS "Best Dressed Professor" Award

1989 Mascot for Toronto Police 52

Colleen "The Great" Flood

Recrpient of the "North Island's Biggest Smile" Award, 1990 Lead Singer for hit band, the Free Market

..

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GAMES

Across:

Down:

1. Quite funny 7. N'est ce ?

10.

And flow 11 No room here 12. Brew 13. Could be the Red 14. Hidden campus creek 16. Absolutely and definitely all right,

1 Very tough meat, which cowboys

2. An extremely wide belt 3. A statute 4. The last name of an amazing action star

5 Occasionally found in one's pants 6. The very first genetic material 7. Useful for taking notes, but only if

17. Great cards 20. The end of an electronics compa-

UV Phooo Capt;ion Contest! send your proposed caption to ultra. vires@utoronto.ca $50 prize!

on the head

you have a pen

8. Everything 9. Spot 13. Lots and lots of time 15. Departed Dean

26. Species related to a law school

18. An explorer or a jeweller

building

19. A different kind of summertime 21. Describes a relationship between

29. Deep Throat 30. Not from around here 31. A cable channel 32. A man behind "Funny Face" 34. Extender 37. Something quite endless 38. Could be a factor for you 39. North of OC 40. For instance, maybe 41. Lucky 43. Nothing

Gene Simmons and Shannon Tweed

24. Gets you in 25. Not unlike 40 across 27. Same as 46 across, also a letter of the alphabet

29. To catch 31. Such a lovely and exciting show of voices 33. It also pours

35. Unfamiliar

The World Turns

47. Ride to see some Bears

36. "Tis the season 38. Captures a moment 42.

Solo

48. The tiniest of things

43. Author's initials!

wright

45.

49. Could be done in 33 down, sort of.

J'umb\ell

Why was the articling student late for work?

Because He

------

Words to unscramble:

RABDE

PHAYP SSCEA LETAS

The administration has announced a new salary scheme for professors whereby large portions of their salaries will be comprised of "deemed contributions" trom external sources. "Professor Waddams earns $210,183," explained Langille, "but we're only going to pay him $100,000. We\ e deemed him to have saved the n:st from his summer job at Arby's." Ben Alane's salary has been reduced by $28.000, representing the nllo\\ance the faculty has deemed him to n..-cch e from his parents. Lorraine and Ernie Weinrib protested the change. 'They nrc deeming us both to be receiving $70.000 from the other," said Lorraine. "So \\C'rc out S140,000." The majority of Professor Austin's $110, 198 salary has been g1ven to her as an interest-free loan from Scotlabank. "'!Vc arc meeting the needs of all our faculty," said Langille. "Our financial aid program has made them indifferent to salary."

KeirWilmut

Overzealous editors trying too hard to "spice up" paper contents

Some UV contributors reported!) furious over the profuse editing of their submt sions. In the Diversions section, N1cole Richmond's (III) horoscope was mysteriously j:X"J'pct'OO by phrases such a~ "If you \\ant to get your drink on. call 416-9467684." Similarly, the picture of Franklin the tl.rtle that was supposed to accompany Dave 5ee\aratnam's (II) t.v. column was replaced by an explicit photograph of a law student gettmg busy with Bora Laskm 's bust.

When questioned, editor-in-Chief Keir raged second year exclaimed in front of Wilmut (HI) replied: "I have no idea how Tort law revolutionized Bora's I lead sometime yesterday. "I mean, I that got in there. Seriously. Hey, look over heard about the UPenn thing in spam sent there: it's Dean Langtlle with a pair of tighty by first year out by Boden - after the whole deal was whities on his bead!"

Tort law scholars across the country have already done. This ex-administration has no -Angela Chu Associate Dean consults been set abuzz by the cunning legat insight respect for the opinions of the student provided by John, a first year student at body!" Bob, another second year, agreed.

Uoff. In a recent 9am class, classmates and "Apparently he didn't get the message when Miniature Superhero professor alike were enraptured as John out- we protested last year. I say we organize an Daniels: UPenn "excellenter" Associate Dean Lome Sossm has been lined his theory of justice. "Like, why anti-Penn demonstration this year and really found secretly communicating with a minia- should she have to put up with cricket balls show him that the ex-administration has to Second year impressed with firm's ture superhero in his office. When asked whacking against her bouse? :rhat's totally start taking us students seriously! It's time commitment to professional excellence what he was sharing with "Electric Blue," unfa1r," he elucidated. '"They should like we say 'enough'!" This suggestion was Firll>l yean; now only 87% idealistic Dean Sossin admitted that even he some-- have to Dut up a net or something." "Miller greeted by Huzzahs and other general cheers _ times needs guidance from a higher power. v. Jackson was thought to be settled law," of assent all round by students nearby.

Communist claims property is rights Malcolm Katz "Superhcros give me perspective," he said. gushed an exc.ite~ Professo~ Weinrib, "but "Although I associately run the school, the profound ms1ghts . prov1~ed by young Nadir attempts awkward mating ritual teach 2 courses each term, and deliver con- John have turned doctnne on 1ts head! I can Student Seeks Money, DufT-Aiaric wedding ends in bloodshed fercnce papers each month, advising stu- only wait with baited breath to hear his welldents in their academic Jives is just too damn considered thoughts on Donohue v. Prestige; Asks About Pro Man-sticking opportunities at OCis a much. How am I supposed to know whether Stephenson." Other recent subjects of panbit limited John should be allowed to take 17 credits tificating by John include his insight that the Bono, Work/Life Balance Sensibilities oflended this term? Can he handle i~ or will it ruin his Charter is "stupid." and a critical exam inaBob Sm1th, a second year student at U ofT already limited type-A personality qualified tion of whether property is, in fac~ rights.

Articling student lets self go Law wants to work for a big prestigious life? Electric Blue lets me know what peo- - Keir Wilmut finn. "Yeah, I want to be loaded. I mean, the "Brief question" neither pie can really handle." When asked whether House don't suddenly chicks at Brunswick he could control whose subconscious brain Assaad attends class Major faculty change think I'm hot when I wear my Law sweatwaves Electric Blue has access to, Dean shirt because I'm going to be able to take Iverson ask:. Andres for jersey back Sossin brought the meeting to an immediate made without student paternity leave or represent some poor guy halt, citing important research for another consultation Students lose constitutional challenge somewhere on some 'worthy cause'. But article that "was due yesterday." to have wireless access in Moot Court you really can't say that in an interview," - Zimra Yetnikoff Room As a final slap in the collective face of U of At OCls he queried fmns' commitment to T Faculty of Law students, ex-dean Ron Pro Bono and a reasonable work/life bal'Getting dnnk on· great way to be cool and make friends Daniels decamped to UPcnn without any ance. "It's like a mating dance, you know. I pretense of student consultations. "At least say I'm interested in Pro Bono - they say Bomber threatens explosion, eau es we had five minutes to voice our concerns they have diversity m the work place. They only cancellation of free lunch over the first year elective change~," an out- know I'm a sell-out- I know they're going

...

Financial Aid applications "Processed"

Briefly Noted

28. Shift

Thompson, a Canadian play-

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to ride me from behind like a five-dollar whore before they kick me out ll<;ed and abused at the first downturn in the IX.'Onomy."

- Malcolm Kau

Deemed Salary Contributions Irk Faculty

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FRASER MILNER CASGRAIN UJ' MONTREAL • OTTAWA • TORONTO • EOMONTON • CALGARY • VANCOUVER • NEW YORK