DLS controversy - interviews pg 4-5, timclinc pg 5, opinions pg 20 Intcvicw ~";th Prof. Alaric "Mr. Lex Clean, pg. 14 Student Exchanges pg. 18-19 W.F. Walking's Life Advice for Young Men pg. 32
Law Games! See pages 16-17
VOLUME 8 ISSUE 4
JANUARY
16, 2007
WWW.ULTRAVIRES.CA
Students shocked by sudden resignations at DLS Actions of Executive Director, Student Executive Members and Dean called into question
like an overreaction to the situation." The resignations also came at the same time that review lawyers and McCormack were disputing a change made by McCormack over the method of g rading students in DLS credit program. After an unusuall} htgh number of credit students fruled to meet 'their mid-term requirements as assessed by the clime's re' Iew lawyers, \fcCormack, who is the course instructor, decided to re-assess the perSTEPIIE." ' BIR.\tA:-: formance of students in the class. i\lisener, Litkowski and Sherazee disOn November 21,2006, members of puted changes to their assessment the Do\\ ntown Legal Services (Dl..S) method and un~uc~.:cssfu\\y attempted to community were shocked by the sudden secure a joint meeting with McCormack
.rcsi~lations of two
long-serving criminal
review lawyers, Mary Misener and Richard IJtkowski. The resignations followed Dean Mayo Moran's cancellation of a scheduled meeting that .l\fisener, Litko\"ski, and a third review lawyer, L\mina Sherazee, had requested in order to discuss their concerns about the clinic. A public debate and exchange of letters followed as the two former review lawyers and Sherazee expressed "very grave concerns about the management of the chmc by the Executive Director Uudith McCormack]" in a November 24 letter to the DLS community. In the same letter, Misener, Litkowski and Sherazee claimed that "the Executive Director was systemically blocking repeated attempts by staff and students including the students on the Executive, to undertake a meaningful examination of the allocation of public resources in the clinic and the areas of law which we practice." McCormack says she was surprised by the resignations which she says "seemed
to discuss
their concerns. In
:1
complained and I thought there was nothing to it, I would have said 'sorry'. But I thought they were right." McCormack admits she turned down a request from the review lawyers for a joint meeting to discuss their concerns regarding the credtt program. "I didn't think we could have a reasonable dialogue that way. I didn't think there would be listening going on. I didn't think it would be an actual exchange. I suggested we meet individually and they refused to meet individually." As a result, Lttkowski, Misener and
Sherazee arranged a meeang with Dean \ioran. However, this meeting was cancelled only days beforehand by the Dean in a letter sent to each of the three review la\\1·ers. Litkowski, Misener and Sherazee claim they were told therein that they would be contacted to attend individual meetings with the Dean and McCormack, "to ensure that DLS remains a professional working em ironment," and that the Dean expressed disapproval of their "unprofessional tone." 1\Iisener
DLS continued on pg.3
No,·cmber
6 letter addressed to McCormack and copied to Dean i\foran, 1\fisener, Litkowski and Sherazee obJected to the new policy Imposed after students had recei,·ed their mid-term reviews. They say in the letter that "the procedure [McCormack has] imposed has the effect of dissatisfied students reviewing review counsel in a disguised lowering of the standards br which we are to grade them. B} inviting the credit students to list their non substantive work for credit, you are advancing a fiction that we, review counsel, out of the blue, and out of orbit, for the first time, this year, erred in our as sessments. None of this conforms tore· ality." i\fcCormack says she intervened be cause "they assessed 90% of the class as being below requirements. That's a red flag if 90'Yo of the class is being assessed that way." She notes as the course instructor it was within her ambit to make these decisions, and says "if students had
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16, 2007
OLS continued from pg.1 v1ewed this as a letter of reprimand, call1ng it "the straw that broke the camel's back." She and Litkowski resigned fro m their positions at DLS shortly thereafter. When asked whether she referred to the review lawyers' co nduct as " unprofessional", D ean Mo ran responded, " that is not exactly what I said, but let me say this more generally: I think it's inappropriate that there is so much public discusSion about private discussions." When pressed further o n the issue, Mo ran added " I didn't think it was unpro fes( )ut with the old and 10 with the new! While it mar not be the beginning of a new academic· year, it's still nice to tlip a page in the calendar. And, except for the tirst year students, January does present a completely fresh slate of courses. The paper that was your albatross all last term is finally finished and handed tn, for better or worse. 2006 is gone, and it's on to b1ggcr and better in 2007. f iowever, January is also a good time for rctlection on the past, and this issue has no shortage of that. This issue's articles include reflections from students about exchanges taken in the fall term, la\\' games, the execution of Saddam Hussein , sports
Daan Moran ralaasas 2006/07 Faculty of Law budgat
in 2006, and more. Along with reflection comes renewal and ideas for imprO\·ement. This month, the staff at Ultra Vires has put our heads together to try to make some suggestions for the new year. Specifically, in "4 ideas for a better law school", we have made suggestions involving leadership, testing methods, class sizes, and the admissions process. Obviously it is harder to implement change than to recommend it, but the starting point is in identifying where the problems may lie. This issue of UV also profiles the problems that have been plaguing our legal clinic, Downtown Legal Services. \\ ith lawyers resigning, and letters flying aro~nd beN.e<:n the ,-arious parties, this may represent our first internal look at lawyers in action and the downside of the business of legal aid. It's hard to know who dropped the ball, ''~th everyone covering their asses so effectivclj. Some students feel that ultimate responsibility rests with Dean Moran, whose reaction to this conflict has been lacklustre: haY1ng meetings is an encourap:ing and desirah\c, a\bclt \ate, dcvc\oprncnt. But liquahbhng back and
forth about whether to classifying issues as personnel or non-personnel is pctt}' and wastes time and resources. .Moreover, it avoids finding a solution: If all of these problems are strictly personnel matters and therefore not open for discussion, how can we find solutions for them? There may well be certain aspects to this problem that must remain private, but this doesn't mean that the entire situation has to be shrouded in secrecy. There must be room for si!,rnificant conversation and group solutions. Otherwise, having "meetings" looks suspiciously like posturing, rather than a meaningful attempt to ameliorate the situation. The point of DLS IS to help as many people who desperately need legal representation as possible. That's where this conflict originated initiallY, and focussing o n this is what will lead the way out of 1t. Rather than simply stating that ultimate authorit\ rests With her, Dean Moran, one year into her appo10tment, will need to show that her participation in this matter is considered, that she is sincere, and that her wo rds go b eyond lip service.
\X hile RI'JYJIHI' ~"lltJI'u/ion/h7JK NJNi't'r.ri_/J• ..~/tnaJN(_.(. h1ck1np in component of the transfer is base fund011/ JlWior.rb/j>f flt{f?fltJfll alldJtrcmlf.for R Is detail, tile budget summarr includes figing from the pro\'lncial government, with doun }8purml ures for rc,·enue allocation from the Unithe Faculty's cut o f tuition payments acfor only the second time, the Faculty versity of Toronto, salary expenses for of Law has released a bare-bones copy faculty and research support staff and counting for the second largest portion. Howc\'Cr, uni,·ersit}·-imposcd budget of its annual budget for public scrutiny. scholarship and bursary levels. The cuts appear to be eating into this rc,·cnue, J\ftcr years of rebuffing SLS pleas for budget document obtained by UV apmcreasing to fh-c percent of the base greater transparency, former Dean Ron pears opposite this aruclc. Daniels finally agreed to prO\·ide a sumEven with the limited mformation budget for 2006/07 from two percent in man of the budget in 2004. Current provided, some figures stand out. Re,·- 2004/ 05 and representing nine percent Dean Mayo :'\1oran acceded to a request cnue allocation from the unh·crsity (your of total Faculty re,·cnue on a cumulative by l rttm l"ires and released a similar tuition is paid to the University of basis. The budget cuts arc bemg spread breakdown of the Faculty's sources and Toronto, not the Faculty of Law) has in- over a number of years. "\X'e arc struguses of funds for the 2006/07 school creased 13 percent from 2004/05. 1\c- gling with that," admitted the Dean. She year. cording to Dean ~loran, the largest added that the Faculty "will tr) to sup
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I lAVE .t\C:TED [~) THE SA..\fE \\'AY AS THF EXEC .... THERE ARE ME\1BERS \X1TH OTl IER
INTERESTS WITH
SLS A..'\ID
AD\HNISTRATION A~D THE INTERESTS NEED TO BE SE PARAT E D AND IT'S NOT
CLEAR TO ME THAT PEOPLE plcment lthc budget cuts] with other sources of revenue." Despite the growth in total revenue, scholarships and bur!'aries ha\·e increased onh one percent O\'er the past two years. Dean ~loran informed UI ' that while grams have been stagnant O\'erall, needsbased awards have increased significantly. ~he noted that donors are being enco uraged to put money into needs-based financial aid "because that's consistent with University polic)." Dean Moran also
BUDGET continued on pg. 7
Anat Arono\\ 1cz, Greg Barker, Andrew Binkley, Chris Burr, ~lark Firman, Bryn Gra , Damell Iolden, Sanad Hotiana, \fsoon Donna Houshidari, Anita I--loush1dan, Joanna Goldenberg, Ke, 10 (,rccmpoon, I ric Lwcrs, Ali Mian, Roxana Olivera, Chat Orn·ed, Lance Paton, !\Joel Semple, '\Ctl Shap1ro, Adam ~ht:\ ell, Chloe Snider, rJliot Sm1th, Danielk Stone, Daniel ~tern, Sarran Sule,·ani, David Thompson, Ruth1e \X'a hl, ~lelame \\ebb, Lmma Williamson, Ryan Zalis, :'\1tchelle Zimmerman Da\ . Ultra .Vires is an editorially autonomous newspaper. \X'e arc open to contributto~s wh1ch refl:ct diverse points of \ICW, and our cont<..nts neccssaril) reflect the news of the bculty of Law, th<: Students' L'lw Societ\ (SLS', or the editorial board. \X'c welcome contributions from students, faculn, and other interested persons. Ultra Vires reserves the right to edit contributio~s for length and content. \dvertising inguirics should be sent to the attention of the business inanager at ultra.vires@utoronto.ca.
1
Communications Centre, Falconer Hall 84 Queens Park Crescent, Toronto 0!'. \ISS 2CS ultra.vires@utoronto.ca (416) 946 7684
":MAYBE \'VE ALL \\Ol!l D
A~ A LWAYS .ACTING IN THE
Contributors
ULTRA VIRES
sional." Misener remain s perplexed abo ut the meenng cancellation. She asks, ' 'When [the Dean] has aU the lawyers saying there is something wrong, why don't you just hear w hat they have to say?" Moran says she cancelled the meeting because, "When I read the memo I tho ught it would be mo re helpful to meet with
The nex~ is.sue ~ill be published o n February 13, 2007 and the deadline for submiSSIOns IS February 6, 2007. The submission limit is 800 words.
BEST INTEREST OF
DLS
EVEN IF THEY DON'T K.'\JOW THEY ARE NOJ:, Jr-'>SICA NoRMAN, FoR..\fER
DLS EXI:CUTIVI---
\lli\ffiER
'"D CREDIT STI.'DhNT
them individually ... that was my judgment about the best way to try to respond to the situation." In the days immediately following the resignations, students learned that Misener, Litkowski and Sherazee were distressed about numerous issues at the Clinic beyond the changes to the credit program. Misener had raised concerns abo ut the shortage o f cnminal law resources, and the number o f hours allocated for criminal law review at the clinic's Annual P lanning M eeting in July 2005. Jessica Norman (3L), a member o f that year's student executive, reflects o n hearing these concerns at that time. "We were shocked about the fact that this problem had arisen, we were shocked that o ne of our crim inal lawyers was so upset and there was a significant problem ." N o rman says that student members o f the Fxecutive came out of that Jul) 2005 meetmg with a sense that, ''Oh my G od we all have to put our heads together, ' we' need to galvanize and ftx this." ~fcCormack's response at the time \vas to Implement a moraton·um o n cnmmal · .
files, which turned out to be bnef. "\lo r- ecuti\ C dec1ded to fo rm a tas k fo rce to man says the 1ssue cildn't co me up agmn review the cbruc's areas of law and to update its strategic for the rest of the plan . McCormack year because of says the task fo rce's "[TilE l~ThRIM I.A\X YFRS] this mo rato rium, work began in Sepand that she sus\\ERE HIRbD SO FAST, tember with surveypected that "Judith THERE IS , 0 WAY THEY ing summer preferred this reWF.REN'T 0.:--.l A SIIORT LIST. students, however, spo nse ... It [even"we were waiting to tually] got lifted Or-.E OF THEM IS Pl\~tEI.A start the discussions without increasing SHI\1E [.1. 1 ATIO~AL DIRECuntil the other c1vil pay hours." The TOR oF PRo Bo::-.:o STureview lawyer [Cirlifting of the mo ratllo] came back on o1~'lT · CAN r\D \rs to rium was a result :\.o\em ber 21, be of objectio ns bv BROTHER t\ .. ' D THAT IS cause the proposi Misener and PRETTY SKbTCHY. TilE non was to take Lttkowsk1 to turnFACI' THEY \X ERE lfiRI~D ~0 m one} from her ing awa} needy and give it funding FAST A ' 0 RROUGHT I. If\1clients when stuto the crim inal dents were willing .MEDIATELY \Vl \S WEIRD, IT lawyers." and able to take on MAKES IT LOOK LIKE SIJE Misener raised their cases. As a reQUDITH] WAS \VAITINC, FOR frustrations regard sult, they would 11 ing the task fo rce's THE.\1 TO I.hA\ h o nce again find progress at the Nothemselves workCHRIS Bt RR, DI~<; SHII'I' Lt:.ADI R vember 3 executive mg far beyond meeting. Acco rcilng their retained to the minutes of that meeting, the issue hours. was raised of whether to wait o r m ove At the clmic's next Annual Planning fo rward with the task fo rce at length. Meeting on July 20, 2006, Misener again raised policy issues with respect to the Misener wanted the process to move fo r· role of criminal law at the clinic and the ward, while \1cCormack was o pposed to setting it up unul after the law school allocation of funding between the crim inal and civil law divisions. While retained co mpleted its academic review. Student and paid for eight hours of work per executive member Hadiya Neddweek, Misener says she was wot\ung "2()
Rodenque (,2 L) pointed out that the \aw
or 30 hours easily," which was attributa- school's review did not prevent the execble w che mcreas1ng serwusness of utn·c from looking at the clinic's practice charges faced in her flles and was further areas right away. Concerns were also compounded by civil review lawyer Lisa raised about the still-ongoing criminal Cirillo taking leave. McCormack ac- m orato rium which had an effect o n the knowledges that Misener was working ability o f credit students, shift leaders more hours than her retainer. and upper year volunteers tO take on new McCormack files. It also severely again dec1ded to restricted the impose a moratoclinic's ability to rium on criminal serve the commufiles, which began "(TI:iE JUI.Y MEETI~G] HAD nity. According to on July 27 and ran the minutes, MisBEEN TflE FIRST MEETING until N ovember 3. ener argued that WHERE MARY I IAD SHOWN She sa}S, "The the fact we have LP AND BROUGHT Tl IOSI~ moratoria are our both willing sturesponse when the ISSCES TO OUR KITENTION. dent caseload 1 lawyers are at cawo rkers and needy lT \XASN T A SURPRISE TO pacity." Misener potcnoal clients CONCEIVE TIIAT Tt!ESE objects to the imcalls fo r an examiCOULD BE ISSUES, BUT TilE position of moranatio n o f w hether tona on principle, we are using our reM \GNJTUDE A D EXTE~T "because I am sources effectively. OF ISSLES WAS A SURPRISE., turrung someone Fo r the fll'St time all Kn~~~~ \ CHJ\'rmRJH., away not because semester, McCorDLS E."Xl:C:U'IIVI. ~fbMBI R there isn't a student mack lifted the but because I am mo ratorium . no t volunteering In the period bemy own time." Mctween the NovemCormack doesn't ber 3 Executive like moratona either, but says "the reality Meeting and the "Jovember 2 1 resignais that there arc thousands of peo ple oo ns o f :.\1isencr and Lttkowski, tensions every year that can't get either legal aid at the c!Jnic reached a point so high the\ certificates or legal clinic semces. T his is became ev1dcnt to the students at the a svstemic access to justice problem (and) clinic. A gro up of five stude nts, including o ne little clinic cannot fLx tlus." As a result of ~11sener's concerns Jessica .l\.o rman, becam e co n cerned by rumours Circulating aro und the clinic that raised at the July 20 meeting, the DLS ex
r--------------..
Mat) ~1isener was abo ut to ~ fired. This "Group of Five" hoped to b nng any po tential crisis to the atten tion of the student m em bers o f the D LS Executive. The} arranged for an off-campus meeting on Friday, ovem ber 17 with members of the Student Executive. At that meeting they requested and wer~ given assurances by the Student Execuove that a General M eeting would be called to address their concerns. Accordi ng to Norman, who attended that meeting, "the big concern was (that] we were worried Mary was going to be fired ... this seemed to be a symptom of a b1ggcr problem. \X'e needed to have a meeting where the students' voices could be heard before anything happened." Two members of the Student Executive were asked for comment regarding the off site meeting. One member, Kisha Chatterjee (3L), said that a "concern was brought up by non-Exec members," and
"I THOUGHT THE D
EA'\,
BRINGI~G \LL O F THF
AssiSTANT Dr..Al\S \!\.D
THE KEY PLOPLE IN THE AD:\HNISTRATIO'J (TO THE D ECE:'\lBHR MbF..'n,
5 GENERAL
G1 W<\S BO TH
lN'nMIDATlNG, SURPRISING .t\1.'\D UN:"\ECESS.\RY.
IT H -\D
AN EFFI!CT ON STUDENTS' ABILITIES TO RAISE 1
CONCER~S. ' BRYN GRAY, CREDIT STlJDEr-..'T
while a m eeting was held, "it wasn't a meeting called by the Executive and I d o n't kno w who was invited and didn't sho w up." She also po ints out that two members o f the Student Executive cancelled sho rt trips to attend this m eeting. Ano ther Studen t Executive member Tanya Tho mpson (3L), refused to con~ firm w hether any m eetings of this sort took place, only saying she could not answer the q uestion because " certain students have entrusted me with confidences." At the off-cam pus m eeting, par ticipants agreed that the Student Executive mem bers would call a General Meeting. f lowever, over the weekend hundreds of em ails were exchan ged between Student E.xecutivc mc~bers and the Group of f ive as they tned to negotiate the structure and protocol for their meeting. According to Norman, by Mondav, November 20th, talks had broken dow.n and no General M eeting had been called A last ditch effor t was made to try and get the Student Executive member s to call a meeo ng. Norman says, "Some of
DLS continued on pg. 6
t
4
ULTRA VIRES
I\I WS
DLS Interviews Judith McCormack }lldith MrCorfl/ack U'dS hired as rr. .·emlil't Dim/or in 2001. Jhe is thr firs/to ass11n1t that rolt al thr rlinic. She has bun at DLS smct thallifllt' rxp·pt for a sabbatical lakrn dllnf{P, 2003-2004.
"This is a small clinic and there is a huge amount of clients out there. \X'e need to make decisions and priontize who we are going to sen·e because there are thousands of people that we could serve. Criminal law funding in the last 5 years has gone up 70 percent. At a certain point, we have to say these are the limits of our resources and we had hit that point after raising the criminal rev1ew 70% ... lawyers are supposed to manage their caseloads to ensure that the caseload is neither too big nor too small in terms of attention." "The reason why I intervened [in the credit problem] is because there's a red flag if 90% of the class is being assessed that way. I hadn't been involved the year before, and I am the professor on the course and it's up to me to set the requirements and this was work that absolute!} should have been counted. My pomt was that it doesn't actually matter what you have done in the past. I have to make sure that it bas to be fair to the students in the class. There is all this work that should [be] counted."
"1 didn't feel it would be useful to meet all together because I didn't think we could have a reasonable dialogue that way. I didn't thmk there would be listening going on. I didn't think 1t would be an actual exchange. I suggested we meet
when they don't."
individually and they refused to meet 10 dh·idually. I discussed it with the Dean and we talked about what was g01ng on and the method I was doing and she was satisfied that it was appropriate."
"On e\·ery objecti\·e measure the clinic is extremely well managed and that's the
"I was surprised [b\ the resignations]. It seemed like an 0\erreact.Jon to the situation. I know those la\V}'ers and they aren't mean to students and they don't have any des1rc to be nasty to students or anything like that. It seems odd that they were so wedded to this only method of assessment. The reasons seem to have changed over the course of time. It happened right at that time [credit issue dispute) and then they posted a letter saying that it was really because of criminal review and later on they said it was all of these other things."
DLS Interviews Mary Misener
"When I complain, Oudith] says 'just work your hours so you have [only so many] files as we can work' which I find offensive philosophically because I am turning someone away not because there isn't a student but because I am not volunteering my own time."
"I know these (Dl.S) students and I think that they are well motivated and I think that they have been advised that somebody IS victimized and they have been advised that Mary has been victimized and I think they have rushed to somebody's defense and I respect that motive; that' s the kind of concern and motive
"It's not that we need to take it from somewhere else, it's that we need more money for criminal review, (for) the whole structure supporting the criminal side of our work." "We had
and intention and in!>rincr that we like to
rhoughr nhout going t o tl w
Dean earlier because of the problem with the way she Qudith) would never meet with more that one person at a time. This is not a new thing."
have ar the clmic (that) caring for the underdog. I think they have been misinformed about who the underdog is."
"I do trunk people should be thoughtful
"We felt there was an element of mis-
about these things and recognize when they have objective information and
I
representation in the course, because the course is always the same and the same things that were done in 2004, we pretend you are doing the same thing [now], but you are not."
discussion [which has] wounded people in this room." Her main point was that there are ample reasons why students at the clinic should not be given input into 19 Members Support Resolution to Invite Misener and personnel-related decisions. She pointed Litkowski Back, Majority of Remaining Students Abstain out that "it would not be frur for students to be supervised by people who know with ultimate authoncy under the Consti- those students are evaluating their jobs" On January 12, a DI....S gmtral muting was tution, acknowledged that the clinic has and said that, consequently, it made sense hrld atlht lou• school. Approximate!J JO of thr gone th r0 ugh a " rough pateh" w hich was for there to be a proverbial 'wall between 207 DLS' mrmbm, including members of thr exacerb a te d b y the f act th at Dl.S memthe issues.' txemlil'e, u•rrr in attendance, along u·ith mml- hers "are sensitive; you're law students." Prior to the vote taking place, students bm of tbt Famlry's adnumslration, DLS .Exdebated the feastbilicy· of inviting :\.Iary rculit't Dirrctor }tidith McCormack and Dean and RJchard back. Adam Ship {3L) sugMoran. The nmtmg uas moderated l?J 1ssoa OF THE THIRTY EIGHT MEl\fgested doing so would create an impossiatt Dean l...omr ) omn and lasted m·o hours. BERS, ~I!\.ETLE~ VOTED IN ble working environment that would also be tantamount to "an indictment of JuSn vlll' WLRIFR PAVOR OF INVITING MARY dith and the two new criminal rev1ew Ten resolunons had been drafted by AND RICI I \RD BACK, WHILE counsel" while Mark .Myhre (2L) claimed Dl.S members for the meeting, including ONLY FIVE, INCLUDING A that the inevitability of such an untenable one resolution calling for ousted criminal situation was not a foregone conclusion. MEMBER Of· THE STUDENT EXlawyers Mar} Misener and Richard Despite the Dean's cautions, the memLitkowskl to be "invited back to their forl~CLTIVE, VOTLD AGAINST. bers present dec1dcd to vote on the permer retainers." This resolution would sonnel related resolution. Of the 38 prove to be the most contentious one on members, 19 voted in favor of im·iting the table, and the Dean, in an opemng She voiced concern over "the extent to Mary and R1chard back, while only five, address, attempted to address thls issue whtch private and confidential mformaincluding a m<.mber of the student exechead on. tion has been the subject of broad public utive, voted against. Fourteen members Dean ,\foran, who is the head of Dl.S
5
DLS Interviews
Do you now think their conduct was unprofessional? I didn't think it was unprofessional.
Dean Mayo Moran
Why didn't you meet with the Review Lawyers collectively? \\hen I read the memo I thought it would be more helpful to meet with them indi,·idually ... that was my judgment about the best wav to try to respond to the situation. .
"( Jndl..--r nil of rhrs •-uus ·' p h i l nsuphic.~t l
Is it true t h at you inforn1 cd the lawyers that you were cancelling the meeting through a letter where you alleged the lawyers were behaving
diftl:n:ncc between the lawyers and the director. I think the vision that lawyers have is that [the clinic] will be really robust and do a lot of work and students will be actively mvolved and I don't feel like the Dtrector shares that vision."
I
abstained, leading Sossin to rule a tie. This meant that the resolution did not pass because the abstentions and dissentions added up to 50%, ·while the
unprofessionally? That is not exactly what I said, but let me say this more generally: I think It's inappropriate that there is so much publlc discussion about private discussions. I responded to their memo in terms of the substance. I sent them private individual memos on purpose.
fh.tt hn>kc the. <.•anlC..~tt. h..,u.-k
"I'M SURE THAT
THIS IS OBVIOl:s, BUT EVEN THOLGH Tl IL RESOLUTION FOR
!\.1 \RY AND RICHARD
A Til~, THAT Dh~TS
THI~
\X -\S
NET EFFECT \X'AS
19 Ol'T OF 204 STU\T TilL CLI"JIC VOTED
MEETING continued on pg. 7
ncH
\.V.Ililt
they chose that one. That's their decision to make.
It seems there must have been some mistakes from the point where lawyers are supervising students, to resigning, to the public situations we have arrived at. Do you feel you made any mistakes here? I would want to reflect on that more carefully. I think I would want to be fa1r
Dnalla: Kay Ev.ts T hursd ay, July 20, 2006: At the DI..S Annual Planning ,\leeting, :;\fisener raises concerns, first raised the previous year, about funding allocation. She is now working close to 25 hours per wee~ while compensated for only 8. A decision is made to create a task force which will look at the clinic's areas of operation and strategic plan.
FOR IT."
DLS Constitution appears to require majonty support. Whether this was the right method of calculation was not fully certain. \IcCormack contacted UV to say, "I'm sure that this is obvious, but even though the resolution for ~IarY and Richard was a tic, the net effect w~s that
'\VIIS
I \\as thinking. They had a lot of options,
MC(ORl\iACK CONTACTED
UVTO SI\Y,
and get the whole picture in this Situation. It's extremely hard when personnel matters arc being discussed in pubhc. I feel it's so important to respect privacy and to make sure these discussions don't get into a forum where these things end up becoming damaging. Damaging to whom? Probably lots of people inYoh-ed. Certaml) m} sense is that all of the students involved found this all very stressful. !:>tu dents arc not supposed to be 10\'0h-cd m personnel issues for good reason.
that jthe clin1c) 1s functioning the way it should be. Some of th1c; seems to be jha ed on) policy concerns which I share about inade<..juacy of funding for people who need access to legal senices. ( >nc of things we talked about was establishing a task force and I ha\'c asked Le&>al Aid Ontario if they will have someone jon] that task force, and they agreed.
So it's one year into your term and we have sat here a couple of times and What was your reaction to the talked about personnel issues. We resignations? talked about the unfortunate incident What were your overall plans regard- I was ver), very surprised when they reing DLS prior to the resignations? si&rned. They had a lot of options when But where do you draw that line be- in the admissions office with Judy 1 \ \ har I had done before. any of this kathey heard from me. 1f they thought I tween what students can and can't Finlay and Farah Yameen and now fuffle with DIS was thou~ht [that] It misunderstood what the central issue discuss? It seems that everything at a we arc talking about another incident would be useful to look in a more over- they were raising was, then I think ther clinic like DLS could be linked in at DLS. What have you learned from arching way at our clinical programs. could ha\ c come to me and said ,,.~ some way to personnel. How do you these experiences? That it's hard ;J.nd It requires a certain dc.:l There is a lot of interest from students would actually like to come and talk to define what is a personnel issue? and I thought it would helpful to have an you not about the way we [gi\'e) credits, I guess some things seem to be straight- icacy and diplomacy when you are in the o\'crview. I established a working group but about some bigger issues. But they forward, like conditions of hiring, termi· public eye. We are in a culture in the Uniassociated with [the] academic plan and arc adults, and they make decisions about nation, job reviews and those are all versity where it's open. It's a culture of Professor Roach IS chairing that. what is the best thing to do m the situa- straightforward and personnel issues, deliberation and debate, yet you come up performance reviews, that sort of thing. with these issues where there arc some Can you explain why you cancelled a tion. The way I would look at it is that there concerns about pnvacy and personnel scheduled meeting with the Review How do you feel about allegations arc obvious conflicts of interest and is- etc., and it's hard to balance thoc;e things. Lawyers prior to their resignations? that the clinic is being mismanaged? sues of privacy and worries about power I don't know if I haYe always done it I bclicn: what happened was that the Do you believe the meeting cancellaimbalances if you ha\'c situations, and nght, frankly. l think overall, l like workmeeting was booked before I saw the tion was, as Mary Misener puts it, staff who are supervising students ing \\;th people, it's a good working em i[l':m ember 6th] memo, and when I read 'the straw that broke the camePs shoultl not feel that they have to be care- ronment, but most admimstrators say the memo I thought it would be more back'? ful ahout the way they evaluate students, that pcrsonnc\ issues arc the most diffiproducti\·c if [we] discussed it indi\'idu- I talk to tons of people in the clinic sys- or they get ne~ativc iob performances, cult pan of their \obs. ally ... lt in\'oh·ed kind of private and em- tem. 1 am on one of the advisory boards nor ~hould o;tudcnts fee\ their evaluation Moving {orwat:d, do you nave any ployee stuff. I thought it had nothing to for Legal A1d Ontario and l ha\'c ncYcr depends on \aw·ycx's performance-.. conce1:n!'\ abou'- mo~:a\c a'- '-he e\\nH~! do with n1c. It 'l.vas a concern about the heard any critiei:>ms of Juuith ~\cCor Dncs eve~;tt.\,\n~ that. "V~~Cn\ un \ ·._\.8\ Y.c.- \ '-\:\'''\\. ,,vc..-oc~\\ ,nc c\\.n\.c '"" v,.~e:a.\.. ,,~, U \\ay ~tudcnt work 'l.vas counted for the tn.u:.k. l!.VCX")OOC n"l.akcs sonl.c tnts.takcs.. \nester need to be tcvicwcd by n \n- far the \most) outstandmg d1mc 1n \\ e but the thought that this \\·as the straw dependen t p arry.· •• ,. sorne t u tlt•n t .oJ pn'' Jnc;;t:!'. l>ur 1 an1 cc~nc~rnr,--1. I cl~~,.t; f?Ut pose nf file srntus.
"I think that it's public money so how it's allocated should be transparent and students should be actively involved in the clinic in figuring out how to meet community needs and student needs. Funding allocation is everything, that's what students get and that's how communicy· needs are met or not. ... And it isn't right that one person [can] control how the whole place runs without any type of check. It would be different if it was pnvate money, but it's public."
All interviews conducted and compiled by Stephen Birman
16, 2007
What are your responsibilities at DLS? Under the statute 1 have the obligation to ensure that we meet our obligations. I am responsible, under the statute, and the Dean has total authority [for the clime] and I delegate authorit) for ordinary operations.
Mary 1Hismer u·as a Criminal &virw lauyer at DLS mrtil her rmgnation on i'\.ot•ember "\Xlhen we tried to raise our concerns 21, 2006. S be had bern at the clinic sinct its :vith the Dean, we got a letter back sayincrption rn 1994. During 2003-2004 s~t tog the way the course runs is up to the held tht positiOn of ExrCIItive Director of Director and that your tone in your letter is unprofessional and we will meet DLS in an intenn1 capaci(J•. individually with each of you on how 'There is a fundamental refusal to ad- to move forward, which we took as a dress the structure of the clinic and I reprimand ... This was the straw that have been asking for that for years. In- broke the camel's back ....When [the stead of ever doing that, Oudith) took it Dean] has all the lawyers saying there is off the table by saying I have a person- something wrong why don't you just nel issue." hear what they have to say?"
"It's probably not the decision the Dean would have made (releasing the August 4 letter to Misener). There is a spectrum of reasonable thought in this area and I respect the Dean's... We have discussed her general approach to this whole situation, she is concerned this be dealt with in a classy way."
DLS General Meeting
\'iew of those that are in a position to know ... Legal aid says we are the 'gold standard' for student legal clinics in Ontario. They are m a position to kno\\."
}A:-.JUAR'Y
Friday, August 4: DI$ Executive Director Judith 1\tcCormack sends Misener a personnel letter discussing Misener's career intentiom, financial situation and summarizes private discussions between McCormack and ~Uscner. Friday, November 3: At the DLS Executi\'C n~ecting. Misener raises concerns about the o;tatus of the task force. i\k-
Cormack wants to wait until after the academic planning review committee completes its own review. Monday, November 6: Rev1ew lawyers ~1isener, Litkowski and Sherazee ~end a letter to McCormack \vhich is copied to Dean ,\loran expre.,sing their concerns. Fnday, ~m·embcr 17: Rumours circulate that ,\hsener might be fired. Concerned members ("the group of five") meet with the student executive, who agree to call a General Meeting the following week. Weekend of Novemb er 18-19: After an email-filled weekend, no progress is made regarding details of the proposed meeting. Tuesd ay, November 21: Concern_ed students meet with student executive members in a final attempt to arrange a
J u n ·c calle d £or?
I rhink 1·ou dun 't l10ld an invc1;cigation
unless the;e Js good reason to think there is something wrong. I think there have been a lot of different concerns expressed on the moratorium [and] caseloads. [There are] a lot of issues, and what I would say is that as head of chnic, I am obliged to make sure that the clinic is funcooning properly and I am ensuring [that] and talking to Legal Aid Ontario and making sure they are comfortable general meeting. T uesd ay, N ovember 21: Misener and Litkowski re<:ign, gi\'ing 2 months' notice.Concerned students petition for a general meeting under section 8 of the Dl..S Constitution.
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wlkc:d to students on ,d] ,,Jcfc:., oJ" thl.,
about rhese events and I think the1 found it very stressful. I think DLS is great and there is a lot of commitment and energy and zeal and I am committed to making sure we get through this in a way that is productive. I am in contact with Legal Aid Ontario about this siruation and makJng [sure] they are comfortable with everything.
M o nday, November 27: McCormack announces the hiring of 2 interim review lawyer:;.
Frid ay, D ecember 1: An Executive .\leering ts held using a town hall format. There is disagreement about whether ,\lisener agrees to allow .McCormack to release the personnel letter from August Wednesday, Novemb er 22: ,\{isener 4. The letter is released after the meetami Litkowski issue a statement to the DLS community with the reasons for mg. their resignation . .McCormack responds Tuesday, December 5: A DLS General to the statement of resignation issued by ,\leering is held. The Dean is an attenMisener and Litkowski. dance. ,\lembers resol\'e to hold :mother meeting in Januar}' and for a task force Thursd ay, November 23: :1\lisent'r, to be snuck to examine the clmic. The I.itkowski and Sherazee respond to :;\lc meeting ends before all of the resoluCormack' statement. uons arc considered, and a petition is brought for another general meeting. F riday, November 24: ~lcCormack Friday, January 12: A second general contacts members of the DI..S Executive regarding the hiring process for in- meeung is held. terim review lawyers.
6
ULTRA VIRES
NL\XS
Working group looks to curb use of Hotmail in class Cw.or S:-..1mR There is a new working group tn town. It's a working group that may have direct relevance to your classroom expenence as it explores ways to get you to pay attention in class and stop your endless stream of messaging, emails and solitaire. This fall, Dean Moran established a new facult} working group to tackle ISsues relating to pedagogy. The working group will rake on a number of initiatives to look at how teaching is done and try to enhance the quality of engagement in the classroom. The Working Group consists of Professor Carol Rogerson, Professor Martha Shaffer, AssJstant Dean Bonnie Goldberg and ,\ssistant Dean Lorne Sossin. The working group is currently working on four main issues. One endeavor is getting upper years more invoh·ed in the f1rst )Cat C)i.pct:ience. J\.ssoc\ate Dean Sossin explains, "The Pedagogy Working Group is exploring whether some form of discussion group or other framework could be set up to allow third years (on a voluntary basis) to play a constructive role in the first year legal education program at the Faculty." The working group is also evaluating learning objectives and initiatives in the classroom, weighing the merits of more problem-based learning rather than the conveyance of material in abstract wayc;. Additionally, the working group is exploring the option of alternative evaluation methods to exams and papers, such as more regular homework-type assignments. Finally, the workmg group will be looking at technology, where one of the more relevant issues has to do with technology in the classroom. The administration wants to set policies for prc,·enting students from checking cma1l and 'surfing the web' during class. Sossin notes that the use of technology JS changing as, "Increasing num hers of faculty are moving to TWEN, Blackboard or other courseware supports and the. \Xorking Group may look at how
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OTIAWA
DLS continued from pg.3
i\leanwhile, ~lcCormack began an us were very concerned and asked the immediate search to replace ~1isener Student Exec if we could meet with and Litkowski. On ~tonday '\ovember them again at a coffee shop [the next r, \fcCormack sent a nonce to the day]. That's the point it became the Stu DLS community announcing that two dent Exec saying 'Can't we JUSt watt mtcnm criminal review lawyers had until the regular Executive Meeting been hired. (scheduled for December 1)?'" A rcgularl} scheduled Executive J\s it turned out, the following day, meeting on Friday, December 1 took on 'the cnore DLS community would learn an unusual town hall format. McCorfrom \1Jscner and Litkowski that the\ mack's dec1sion to h1re two new interim had g~vcn their m·o months' notice and review lawyers drew the wrath of some would be resigning. students in attendance. However, i\kAn outcry from students and a pub- Cormack says the speed of these hires lic airing of documents and statements was not out of the ordinary for interim followed. On November 23, McCor- appointments. She also says the transimack issued a statement to the DLS tions had to happen qwckly, "because Communit}·, which was responded tom [Misener and Litkowski] posted this noa statement made by Misener, tice, that among other things, attack[ed] Lakowslo and Sherazee on November the Executive for not having been re24. (These statements are available on sponsive enough to their concerns the Ultra l "im \'{'ebsite.) about criminal review." Students were desperately craving inEach member of the Executive was formation and shared their thoughts in asked at the December 1 meeting if online forums and blogs. Norman, they were consulted in the interim hiralong wah Shannon Black (3L) and ing process, as consultation is required \bigrul Deshman (2L), penned a letter for "major decisiOns" under the DLS expressmg their concerns and re- Constitution. Responses were mixed as quested sJgnatures from at least 30 DLS some members of the Executive felt members in order to initiate a general the} were adequately consulted by meeting under section 8 of the DLS emaJ!s on the Friday, November 24. Constitution. Others felt they were not given an adeK.isha Chatterjee says she was sur- quate chance to respond to the email. prised that these three students chose Amina Sherazee, who shares an Executo pursue a petition. "I wasn't offended tive position, said she only received the by it, but l was surprised that it had Monday email which publicized the been the course of action that had been hires. chosen 10 light of efforts we had made Following this emotwnal December as amicably and non-formally as possi- 1 meeting, McCormack published a ble." Norman says that by this point she personnel letter she had written to Mishad lost confidence m the Student Ex- ener on 1\ugust 4th. The letter revealed ecutive members and felt that this time ver} personal information about i\lisa peotion for a General Meeting was cncr's employment status, career ambinow urgent!) reqmred. "At that point tions and financial situation. ~11sener we sent a letter [to all DLS members} had granted McCormack permission to because we were starting to feel like, to publish the letter at the December 1 be honest we didn't really trust the meeting, however, Misener and McCorExec, because they failed to call this mack dispute whether this release was (general) meeting." to include an opportunit}' for Misener
best to use these on-line resources." Sossin also addresses the efforts to curb 'web-surfing' in class. "Concerns continue to be expressed by facull) and students alike on the question of wireless access in classroom settings and a draft policy on the use of technology in the classroom was circulated at the last Faculty Council meeting for comment." Generally speaking, Dean Sossin says that that the working group 1s "looking at ways to assist students through in-
TORONTO
CALGARf
VANCOUVER
creased access to mentorship opportunities. Our goal is to enhance the quality of the classroom experience at the Faculty for instructors and students alike." \X. h1le many of the facuJt}• committees also count students as members, this workmg group has no student members. Dean Sossin cxplams that is because the workmg group will be exploring areas of faculty workload and the grading process, "it was felt that student membership on the Working Group Itself would not be
NEW YORK
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LONDON
to respond to the letter with an attach-
ment of her own. Mtsener would publicly respond to the letter on December 8th by calling sc,·eral of the allegations contained within it "slanderous." When asked 1f ~ilsener was pursuing legal action in thls matter, Misener issued a "no comment" (These letters are also available on the UV website). The General Meeting that Norman had peotioncd for was held on Tuesday, December 5 with Dean Moran, who is the statutory head of the clinic, and several members of her administration in attendance. Associate Dean Lorne Sossin moderated that meeting. Several students say they found the presence of so man} members of the administration, many of whom do not have a direct role with the clinic, out of the ordinar}. Credit student Bryn Gray (3L) says, "I thought the Dean bringing all of the Assistant Deans and the key people in the administration [to the General Meeting] was intinudating, surprising and unnecessaf}. It had an effect on students' abilities to raise concerns." The meenng carried on for close to three hours, which was still not enough time to consider all of the resolutions. However, it was resolved at that meeting that another general meeting would be held no later that January 21 and a task force would go ahead to re\·icw the clinic. However, the task force's specific mandate was not determined. A group Of Students began a petition for an other general meeting to address concerns that were not addressed at this meeting. Their petition received 30 signatures and a general meeong was scheduled to be held on December 20th. However, given the proximit}· to exams, it was decided to hold this General ~lceting on Friday Januar) 12, 2007. Ultra Vires will continue to keep you apprised of ongoing developments in this story all semester.
appropriate." I lowever, Sossin assures that there will be ways for students to give input. ThL SLS \\ill run rwo focus groups this semester to learn more about the priorities and concerns of both first year and upper year students in relation to pedagogy. The SLS w1ll also hold a town hall on genua! issues regarding pedagogy. Of course, you could always send Sossm an email with your ideas. Just don't do it during class!
BEIJING
joinblakes.corn
1Ar-< uARY 16, 2007 BUDGET continued from pg. 2 says, "You have to decide where you are going to put your efforts 10 terms of fundraising. I definitely put m} effort into things like financial aid over more general awards because I think that's most meaningful." Soli, it is troubling that the overall figure is stagnant at a time when the general economy is performing relatively well and law firms are recording substantial profits. The Faculty's building fund has been an important focus of the Law School's fundraising efforts, but it is not clear whether scholarship and bursary donations have been impaired as a result. Another figure that will resonate with students is the
7 Revenue and expenditures for 2004-2005 and 2006-2007 ~
~
FACULTY SOURCES OF REVENUE University (before budget cuts) Annual Gifts Bursaries & Scholarships Endowed Income on Chair Positions TOTAL REVENUE Research Grants TOTAL REVENUE INCL. RESEARCH GRANTS
15,413,422 477,844 3,386,210 1164,931 20442,407 2 096982 22 539 389
FACULTY EXPENDITURES Cumulative Budget Cut,,, Faculty Salaries & Research Support Library Other (Admin, Plant) Student Services & Academic Program Support Development Publications & External Rotations Bursaries & Scholarships Endowed Income on Chair Positions Reinvested TOTAL EXPENDITURES Research Grants TOTAL EXPENDITURES INCL RESEARCH GRANTS
5.65% 1,150,405 8,176,066 (48 84 FTEa) 40.14Yo 10.51% 2,139,874 10.22% 2,081,039 12.94% 2,636,537 188% 381,891 2.04% 415,441 16.63% 3,386,210 0.37% 74 94-4 100.00% 20 367 463 2,096982 22464A45
75% 2% 17% 6% 100%
17,413,700 481,285 3,422,091 1,307.749 22 824 825 1 292 565 23 917 390
2,065,310 9,090,995 (50.11 FTEs) 2,482,547 1,994,113 2.902,199 483,390 508,434 3,422,091 22 949 079 1,292 565 24,241 644
77% 2% 15% 6% 100Yo
900% 39.61% 10.82% 8.69% 12.65% 2.11°.4 2.22% 14,91% 0.00% 1oo.oo•;.
Notes: (1) The budget cut for 2004/05 was $220.106, 2% of base budget, cumulative to $1 .150,405 from 2002103. The budget cut for 2005106 was $250,937. 2% of base budget. The budget cut for 2006/07 Is $663,968, 5% of base budget.
level of research grants, L-------------------------------------------------:==~ wruch has fallen 38 percent Dean Moran said that much of the de- salaries expense over the past two years. MEETING cont'd from pg. 4 from 2004/05 to 2006/07. Trus has resulted in part from an increase crease in research grants is due to a large According to the Dean, these grants are 19 out of 204 generally given to professors, but are five-year government grant for the Cen- in the number of employees at the Fac· 11 students at the clinic voted for it. used to support their research assistants tre for Innovation coming to the end of ulty, but is mainly due to salary raises for Another resolution passed called in helping with academic work. As well, its life. Nevertheless, with fewer funds facull)' members. However, the Dean told l'V that she thought "eight or rune available, there may be fewer paid refor future meetings to be facilitated some grants are received by professors percent over a couple of years would not search positions for law students. Colleen Hood, Trudo Lemmens and Re· by a neutral third party to be selected 10 1tsc\f be a large salary increase." Also of note is the 8.5 percent in hccca Cook to support research projects by the Dean. Its passage spells the crease in faculty and research support by graduate or JD students. like!} end of' Sossin's tenure as moderator. At times, the meeting sidetracked into squabbles over scemmgly mean ingless legal minut1a. Students argued about issues such as whether resoluSn:PHE:\ BIR.\H:-; who calls this an "issue for every CanaBut Dean Moran is not going to stop tions should include the terms "best dian universil)·, as Canada has not had as purswng fund raising goals in a variel)' of efforts" as supposed to "reasonable With fundraising efforts toward the law much of a culture of publtc giving [com- different areas. She says she is out there efforts." One student YOlCed his genschool's new building gaining steam, pared to American schools]. We have talking to a lot of grads and alumru and eral skepticism by asking ''\X'hy are we Dean Mayo :Moran told Ultra km-s that tended to have the view that the govern- making sure they feel connected to the having all these resolutions? Aren't we she is open to putting naming rights for ment would pay for all of these kinds of law school, and people seem to be aware just formaiJZmg what has already the building and perhaps the law school things, [but] governments are not fund- of the need for a culture shift towards been happening?" on the market should the appropnate ing many things like that and we arc in giving back. So far the Dean has found Third year student Shannon Black, donors come along. the midst of a culture shift in this area." alumru to be pretty receptive, but she emwho drafted some of the resolutions The Dean is optimistic about fundrais Clay 1lorner agrees that histoncally phasJzcs the need to start early because which were tabled at the meeting, was ing prospects for the new buildtng, saying the level of ongoing donations have not the "research suggests that people start not overly opumiscic about its results, that alumni view this project as "kmd of been what is necessary to help the school as smaller donors." saying that while the meeting had fullike a great moment of renewal; people with its mission. However, he notc:s that One wa} to focus attention back on fiJied its stated purpose of providing arc saying you should do something re- monumental donations for the library bursancs and scholarships as weJI as the a forum for the ,·oting on the resolual!} great not just something mundane." and endowment chairs were very suc- school's ongoing financial requirements tions, the recent events surrounding However, as alumni get ready to sign cessful campaigns. Horner says, "We would be to find a couple of significant the clinic ha,·e been a "reaJiy fraught cheques for the building, ongoing need to find a way to transfer from big donors to invest in the new building. SeJI process." fundraising targets should not be over- irreb>ular hits into something where indi- ing the naming rights to the buildmg rc J\nother meeting is scheduled in looked. Historically, Canadian schools viduals feel more inclined to provide on- mains a strong possibility. The Dean says the ncar future. A central issue of that have done poorly in terms of generating going annual support. 11 Horner says that that "Flavelle is a named building and mt'etJng w1JI be the composition of a the ongoing alumni contributions which one of the issues is that we have condi- every major project would have naming proposed task force which will invesarc important for sustaining bursanes tioned people to donate at times of mon- opportunities associated with it." Dean tigate the pertinent issues surround:'\loran predicted that a "lead gift would and scholarships. Last summer's External umental ambition. ing the clinic. ,\ concern is that one-time fund raising mvoh-e naming a part of a building," and Rene\\. cited alumni donations as low relauve to top flight US law schools. The rc· for the building project might usurp do- said that, "anyone who wants to give a willing donor come forward, the Dt:an Yiewcrs suggested that alumni were not nations towards financial aid, bursaries lead gift we would [have to] talk to about sap we would have that discussion colmaking the contributions necessary for and scholarships. J\ look at the current those [options]." 1\s for renaming the law school, the lectively :H the appropriate time, "but my U of T to emerge in the top echelon of budget may not help mitigate these fears. instinct would be (that] this is not generIn the last two years, revenue generated Dean is less committal. While not closed global law schools. ally seen with leading law schools." This trend has not gone unnoticed by through bursaries and scholarships has to the idea, she sees no donor with the Alumm Association President Clay stagnanted while the economy prospers capacity or interest in naming the law school as a whole. However, should a Horner or by Dean of Law :\1ayo Moran, and a new building is on the horizon.
Fundraising efforts intensify
I \NUARY 16, 2007
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Law school • rematns friendly to the • envtronment 0\:\IH.IImms
In the spring of 2006, the Ia\\ school adopted its first e\·er Environmental Sustainabilit'l Polley and formed the Em 1 ronmemal Sustainabilit} \Xorkmg Group to advise upon and Implement more environmentally responsible practices. In the short amount of time since then, the \\orktng Group has taken many steps towards realizing the ideals and goals articulated in the school's Sustainability Policy.Chief among these efforts has been the Working Group's collaboration with the Project Committee in charge of planning the construction of the new law building. This past fall the \X'orking Group pro\·ided extensi\·e information and advice to the Project Committee and as a result, the Committee's interim report, which is current!) being finalized, contains a length) section detailing what would be required to make the new building adhere to the principles of environmental sustainability.
In preparing for their collaboration sun·er clearly show that the vast majorit)' \\ ith the Project Committee, the Working of the student population favours conGroup dealt closely with the U ofT 5us- tinuing and improving environmental tainability Office and learned from the sustainability in the law school. \ large current building practices of the uni\·er- percentage of those surveyed supported sity, which adhere to many environmen- adopting measures to dramatically detal standards. l\lany of these green crease the waste produced in the prov1 sion of food and communi() events. building practices have already been bud Further, almost all students surveyed afgeted for tn the new building. \s well, Bonruc Goldberg, Assistant firmed their desire for 1mproved green Dean of Students and Chair of the En- pracnces in the school as a whole, includ \ 1ronmental Sustainability \X'orking ing ha\·ing all papers, handouts and asGroup, stated that in constructing the signments pnnted double-sided; having new law building the law school is "ab- less packagmg at the Grounds of Appeal; solutely committed to making better and instituting a commitment to miruchoices" including ensuring that all proj- mizing newspaper waste within the facect teams include at least one LEED cer- ult)·. On·itz says that "each of these meastified member. The LEED ceroficaoon system is an internationally accepted ures, in addition to other practices curbenchmark for the design, construction rently being looked at, will be addressed and operation of high performance and worked towards within the Environgreen buildings and the law school hopes mental Sustainability Working Group". to incorporate many of those practices Goldberg notes that the accumulation into the construction of the new build- of such perspectives is very important in mg. determinmg what changes can be impleIn addition to assisting the Project mented most quickly and efficiently and Committee with the plan for the new law in learning how to bring about sociologbuilding, the Environmental Sustainabil- ical changes by "changing people's mindlt) \Xorkmg Group has also been very ac- sets". For example, while the surver ove on many other fronts. 1\ survey of mdtcates that students are concerned over 140 law school students, led by with limitmg unnecessary paper usage, \X'orking Group member Todd Onitz, Goldberg explained that "students are was recently performed to determine stu- quite keen of keeping the newspaper dents' perspectives on ecological 1ssues. subscriptions" and as a consequence, the Orvitz mdicated that the results of the \Xorkmg Group is engaged in a process
of "marrying student comfort with environmental sustainabilit)·". In addition to their input in the planning of the new building and the preparation of the student survey, the \X'orking Group's efforts have paid off in a number of other ways. The law school has now confirmed Its paper purchasing pol icy, mandating that all paper must be 30% post-consumer recyclable. Assoctate Dean Lorne Sossin has e-mailed all professors requestmg that they consider using double sided printing and smaller line spacing for all papers, handouts and assignments. As well, all school equipment IS nO\\> set to energy-saving settings by default, new bins for recycling batteries have been obtained and Facilities 1s looking at reducing lighting in unused rooms. Further, the Working Group has asked that the university use the law school as a guinea pig for any upcoming sustainabilit)• projects and has requested that the U ofT Sustrunability Office perform an environmental audit on the law school to identify any other potential areas for improvement. As i\fs. Goldberg puts it, "no idea is too small or too big" for the Environmental Sustainabilit)• \X'orking Group to consider in its efforts to make the U ofT law school into a leader in environmentally responsible pracnces.
Outstanding Opportunities .
F' m of the Year 200_5_ c~dlan Law I~ \ F" ncia\ Law Review ·r--- Internat1ona
Exceptional Colleagues
ma
We're always proud to be recognized for o ur many awards and special achievements. But what's really important to note is what our students say about Torys: How our collegial environment - one that brings together individuals with diverse backgrounds, personalities and styles - creates an atmosphere of friendship and t eam spirit. How our dedication to professional excellence and a client roster of prominent Canadian and international corporations provide an exceptional platform for learn ing and professional growth. To find out more about what Torys can offer you, please call Deborah Dalfen, Director, Student Affairs, at 416.865.7544 or visit our website at
www.torys.com
l\ JiWS
9
Law school sends out first round of offers "I do~'t know what you're talking about," Adm1ss1ons Office Assistant Effie houtsogiannopoulos says in to the phone. "No, you can't convert a (Bachelor of Arts] degree in to a law degree. You have to get the law degree separately." This is one of about 25 phone calls Effie Koutsogtannopoulos receives from potential law school applicants on a busy day at her desk in the law school admissions office. Starting this week, however, the phone calls should slow down. C of T's law school admJssions com mittee sent out its first round of offers to law school candidates last Monday. "It should quiet down now," Koutso giannopoulos says. ''The questions will at least change. I'll stop getting calls about the application requirements. Now they call to find out if we received everything, and when we're going to make decisions." The decision-making process has been in the works since Kovember. The law school admissions committee has been busy reviewing applications and determining who will get early offers to the school. Applications were due on November fi rst. Since that time, the com
More women apply, but fewer admitted BRTh GRAY
For the third straight year, the Faculty of Law at the University of Toronto made fewer admissions offers to women in proportion to the total number of female and male applicants, according to the 2006 AdmJssions and Enrolment Report. Last year, the Facult)• received 951 applications from women (52.6%) and 857 applications from men (47.4%) for the 2006/07 academic school year. Despite having almost 100 more women apply, the Faculty extended admissions offers to 15 fewer women than men, a breakdown of 144 men (52.7%) and 129 women (47.3%), respectively. This unequal gender balance grew statistically larger among the number of students that actually accepted offers at 101 men (53.7%) and 87 women (46.3%). Although the Chair of the Admissions Committee, Professor Arnie \V/einrib, has acknowledged that the numbers over the last three years have gone in the same di·
mittee, which includes facultY, adminis- the committee has been making phone Fcbruary 16. tration and third-year law st~dents, has calls to each of the prospective students In the meantime, the admissions comread almost 1900 applications and dis- since m1d November. "The phone calls mittee is dealing with files that have been cussed dec1sions on final offers. arc one of the most t1me consuming, but on hold for the last two months. The ")'wery fil1e IS . read by at least t\vo easih' the best part of the process for committLL 1s \\aiting for scores from Demembers of the Admissions Commit me," Goldberg says. For example, "I have cember LS \Ts before finalizing decitee," \ssistant Dean Bonme Goldberg fifteen calls to make tonight. It's great to sions on these files and ranking them says. "Readi ng every file completely and talk to people...!\.me times out of ten with the additional files that are not part thorough!) is one of the the reaction _is pure joy of the first round of offers. most important things tempered by questions As students decline the early offers, that we do in the admisabout whether this is a the school will continue to roll out offers sions process." "E \LRYI'IJI ISRE\D prank phone call." to additional applicants. Assistant Dean Competition for spots 8) -\T LE.\ST T\'\'0 MF\1-\ssistant Dean Goldberg says offers \\.ill continue. to go IS tough. While the law Goldberg won't sa\ out until August if necessary. All that BERS OI THE ADl\115school recei\ ed 1808 aphow many offers hav~ time, Koutsogiannopoulos will man her 11 SIONS COMMIITEI:-., plications last year, only been made in this first phone in the admissions office and con182 students made 1t in to ASSISTANT D EAN round, but she does Sa} tinue to answer questions from anxious the 2006 class. This early it is about half of the students and parents wishing for a spot at B ONNIE GOLDBERG round of offers goes to offers the school plans U of T law school. SAYS. those with the highest to make for the 2007 "I remember th1s one girl who called LSAT scores and Grade entering class. "If and vistted the office for four years bePoint Averages (GPAs). everyone who received fore applying to school," KoutsoThe school also wants an eclectic mix of an offer in this first round accepted, the giannopoulos says. "She had so many backgrounds and experiences, adds 2007 class would be almost full," Assis- questions. At one point she asked me if Koutsogtannopoulos. ''\Vhen we think tant Dean Goldberg says. • it would hurt her chances of becoming a about the classes, we want to make them Prospective students have until April Supreme Court Judge if she took part in interesting," Koutsogiannopoulos says. to accept the offers. Assistant Dean a make-over feature in a Canadian mag''\V/e look at people's interests and back- Goldberg says the school doesn't expect azine. .. l\:iost of the questions are not grounds so there are different perspec- to receive any acceptance notices until necessary and man)' of the question!'. are tives in the class." the school's "Welcome D ay" for app \i- \ust bh.au e." Assist ant D ean Bon nie Goldberl!; "ays c.antl'o. \t takes ~lace at the \aw schoo\ on rccuon, h e suggested ro F ac ulty Cow1cil that there is no particular reason for this trend, "I can't believe that there is a systematic b1as towards men, if that were true the numbers would be entirely different .. .it seems to me that the process is the same as its always been. The fact is that nobody says I am looking at 12 files and you need to accept an equal number of men and women. I assume they are all treated as mdividual applicaoons." Professor Wetnrib went on to say that "the more important question would be is there anything in the system that would be discriminatory and I can't think of anything that would be." Despite these assurances at Faculty Counctl, Professors Jim Phillips and Demse Reaume both raised concerns
''I CA:t\i'T BELIEVE THAT THI·RE IS A SYSTL~fATIC BIAS TOWARDS MLN, II· THAT \X'ERE TRLE THI:. NLMBERS WOCLD BE ENTIRfo LY Dif-FERI~NT" (SAYS P ROFESSOR
WEINRIB].
about this gender gap. Professor Phtllips indicated that, "if this trend connnues to turn up then we need to worry." Profes· sor Reaume also suggested that tt would be helpful to look at whether other law
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and, if they are not, we sh o uld be taking a closer look at this issue. Aside from the gender gap, the report also prov1des information on a number of other admissions related issues. Despite the reputation of the Facult) m Canada, the report reveals that 51 students turned down offers of adm1ssion and 34 students chose to defer their acceptance last year, the latter being up from 21 1n 2005/06. Professor Weinrib has indicated that the majority of students that declined offers did so to either attend law school in the United States or to go to another Canadian law school due to personal, family, or academic rea sons, such as McGill's jotnt common/ civil law program. Wh1le acknowledging that some students have cited fmancial reasons, he said that this is usually only one of many factors and that most people who are solely concerned with financial costs still end up attending U ofT. 'He could not, however, say that no student has declined an offer from U of T based on financial reasons. In addition, the report also highlights the growing diversity of the first year class- with 29.3% of students being visible minonties and an increasing number coming from universities tn other provinces and in the United States. Although the majority of first year students have been admitted after four years of undergraduate study, the report reveals
t h ._lt 2-l. .._ljt'o 11/.o;o h.1t ·c
~radu.1 tc < lrgr·c-..·~.
up from 1 7.5°/o i n 2004/05. T h ese s tu dents have studied a full gamuc of s ub-
jects, wich pobtical science leading th e
PROI"ESSOR PHILUPS INDICATI·.D THAT, "If THIS TRE!\0 CONTI~UES
TO TLRl\ UP Tllr~
\X h NHm TO WORRY."
pack, followed b} b10logy /sciences and business studies/ commerce. Finally, the report also reveals that admlsstons standards have increased slightly in the past year with the average student having a 167 median LS.\T (up from 166) and 85.3% average ,up from 85%). Professor \X'einrib told Faculty Council that there is no difference between these numbers on both accounts but acknowledged that standards ha"\·e been increasing, pointing out that 12 years ago the average LSAT score was 164. I Ie suggested "the important thing is not the numbers but the class itself... there is no question that at this stage of the game it's a good class. If you ask me in 6 months I will tell you what I really think of the class."
}\NLARY
16, 2007
LI·G \I.
Isst r~s
Time for electoral reform in Ontario
The Immigration and ·Refugee Board and LlOyd Fournier ROXA '\u\ OUVERA On October 2, CTV t\.ews broadcast a video with lmmigranon and Refugee Board (IRB) member Steve Ellis al legedly inferring he would gi\·e a positive decision to a refugee claimant in exchange for a relationship. IRB chairman Jean Gu} Fleury immediately issued a statement indicating that an investigaoon had been launched. Interestingly, another member had been suspended from ilieiRB shorcly l~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~J pnor to the airing of the Ellis scandal. In September, the board informed Toronto People waiting to fall through the net of the Canadian refugee sytem member Lloyd Fournier he could no longer hear refugee claims, and he wa~ documentation dld exist," it added, "it employer? denied access to IRB premises. More would be exempted in ItS entirety purClearh, Fournier IS not an employee over, the IRB ordered several of his cases suant to Section 19(1 )." Section 1 0(2) but a Governor-in-Council appointee. re-opened. states that, "the head of a government Section 153(1)(a) of the Immigration and Asked to provide details, IRB spokesmstitutton may but is not required to in- Refugee Protection Act (IRPA) stipulates woman Domimque Forget stated this dicate under subsection (1) whether that members of the Refugee Protection was an mternal matter, calling it an "emrecords exist." And section 19(1) speci- Division, mcludmg the chairperson, "arc ployer-employee" issue under mvestigafies that the head of a government insti- appointed to the Board bv the Goyernor uon. tuuon shall refuse to di.sclose any record in Council, to hold office during good Fleury told much the same in October that contains personal information. behaviour for a term not exceeding seven to the standing committee on cidzensmp While the IRB remains tight-bpped on years, subject to removal by the Goverand immigration. "In the case of Mr. Fournier, an unidentifiable source said nor in Council at any time for cause, to Fourruer," said fleury, "it is not the same that Fournier's suspension resulted from serve in a regional or district office of the issue [as Lllis] at aJI. lt has to do with an alleged incident of "sexual assault of Board." labour relations, an employer-employee a Spanish interpreter." According to that \!embers are deemed employed in the relation issue 1nside the board. It has source, Fourruer is also alleged to have public senice only for the purposes of been mvestigated." The results of the sat in refugee hearings with a lawyer with the Public Srmce Superamrualion Act, and, I ·ourruer mvestigation remain unknown. whom he had a consensual romantic re- in the federal administration, for the purThe IRB would not disclose any lationship. poses of the Government Empk?Jus Comrecords related to any improprieties of The IRB's reluctance to disclose infor- pensatiotr Act and any regulations made this kind requested through access-tomation raises a number of questions. under section 9 of the Aeronautics Act, information. "This Department neither Accepting that the Fournier episode is s.153(1)(f) of IRPA. confirms nor denies records exist puran internal "employer-employee" issue, The alleged complainant is not a recsuant to Section 10(2) of the Access to who arc the employees and who is the ognized employee of the board either. As Information Act," wrote the IRB. "If the
Iraqi Justice hangs by a thread On December 30, as we aJI made our finaJ preparations for our New Year's celebrations, Iraqi authorities were making their final preparations for the execution of Saddam Hussein. Suddenly, the dictator whom Western television had put forth as the image of aJmost superhuman evil appeared as a frail elderly man, uttering prayers during his final moments. Saddam's legacy of oppression and violence is well-known. Nevertheless, Saddam's notoriety must not preclude a frur and impartiaJ trial. Such a trial would
both convict Saddam and prove to the world that the fledgling Iraqi regime was indeed an improvement over the one it had replaced. Accordingly, in the past two years all the world's eyes fell on the Supreme Iraqi Criminal Tribunal, which was established to try the crimes of Saddam Hussein and his government. In fact, the TribunaJ only tried one of Saddam's crimes, the 1982 killing of 148 Shi'ites in the village of Dujail in retaliation for a botched attempt on Saddam's life. A conviction for this crime was sufficient to send Saddam to the gaJlows. But was this Tribunal the fair and impartial institution it was touted as? Numer-
ous commentators, including Amnesty International and Human Rights Watch have criticized the proceedings as unfair and illegitimate. From the beginning, the process of Saddam's trial was marred with disturbmg Irregularities. In the first place, the Tribunal failed to ensure adequate security. Three defence lawyers were assassinated and a number received death threats. Amnesty International has also reported the intimidation of witnesses and the failure of authorities to ensure their safety from reprisaJ after testifying. Safety may be something of a luxury in modern-day Iraq, but it is crucial that, in order for a trial to be fair, all members of the legal system can feel that the1r lives will not be endangered as a result
per the Arocles of Agreement between Interpreters and the board, the relation sh1p of the Interpreter to the board is that of an "independent contractor." The IRB IS not defined as an employer under the provisiOns of IRPA. Nor, naturally, is its chairperson. Fleury, as a Governor· in-Council appointee, is a member of each Di\ision of the Board and the ch1ef executive officer of the Board under s.159(1) of IRPA. On the allegations of sexual assault, why has the Fournier incident not been referred to the police (like the Ellis case) if sexual assault IS indeed the accusation? Where is the board's jurisdiction to investigate a come? IRPA (sections 176 to 185) prescribes that when a member has "become incapacitated from the proper execution of the office by reason of infirmity, has been found guilty of misconduct, has failed in the proper execution of that office or has been placed, by conduct or othctvJiSL, in a positi< u1 that as
an<;on'\p ,
ible with due execution of that office," · the chairperson may request the minister of citizenship and immigration to decide whether the member should be subject to remedial or disciplinary measures. On rece1pt of that request, according to section 177, the minister rna} adopt one or more of the following measures: (a) obtain, informally and expeditious!), an} information that the l\.1inister consid ers necessary; (b) refer the matter for mediation if the Minister believes that the issues in relation to the request may be so appropri-
IRB continued on pg. 11
of simply taking part in the judicial process. Furthermore, any criminal court must be imparuaJ. Judlcial bias is bad enough in ordinary circumstances, but it is all the more unnerving when an accused's liberty and even life depend on the judge's decision. I certainly cannot know the hearts of the judges that presided over Saddam's trial, but I can say that it appears to undermine the integrity of the Tribunal that the initial judge, Rizgar Muhammad Amm, resigned just four
Sec also: On the e.;wCIItion of Smldam Hussein on page 22 IRAQI continued on pg. 11
11 IRAQI continued from pg. 9
months into the trial. More un ettling arc Judge Amin's own allegations that the Iraqi authorities h.1d pressured him to deal with Saddam, the Au ML\'-: defendant, more forcefull}. Political representation from Eastern Ontario "Why should I vote when there is no based on Its proportion of the \"Ote in meddling with an ongoing trial depossibility of my party's candidate being strop; the impartiality that it is so cruthe region. The Progressive Conservative elected in my constituency?" This ques· cial in any trial process. Few could (PC) Parn appears to be a rural party tton and questions like it point to prob respect a justice svstem that had its \\hen it should have recetved representa!ems with Ontario's current outcomes dictated to It from the polit· tion in the metropolitan centres of first-past-the-post (FPTP) electoral sys· ical powers that be. Indeed, this was Toronto, Ottawa and Hamilton based on tern. In March 2006, the Ontario governthe very sort of meddling that characits proportion of the vote in these c10es. ment established the Citizens' Assembly terized sham trials under Saddam's Other deficiencies that FPTP causes on Electoral Reform to study and even or exacerbates include the lack of gov regtme. propose historic changes to the problems There were still other problems ernmentaJ accountabilit} dunng legisla associated with how we currently elect with the Tribunal. Saddam was held in cive sessions, the paucity of diverse ideas Members of the Provincial Parliament custody for a full year before he was tn the legislature, and the limitation on (MPPs). gtven access to a lawyer. It is impera· value voting. Our current electoral system has seri uve that a fair justice system provide These serious problems with our Clocky sez "time flies when ous defects that need tO be corrected. an accused, even one charged with democracy can be alleviated through dunking about electoral reform!" The major problem with FPTP is that crimes against humanity, with timely electoraJ system reform. For a presenta most voters usually have no impact on access to counsel. Presumably, Sad A second negative effect of FPTP is tion of three specific electoral system electoral results. These voters 'waste' dam was initially demed counsel so that some voters are valued more than models for Ontario and a discussiOn of their votes either by voting for a losing that the CIA could question him unthe effects of each model on the future others in determining the composition candidate or by voting for the candidate hindered. The results of this extended of Ontario's democracy, see: of the le~slature. In the 2003 Ontario who has already attained the minimum period of questlomng and how it was Lawrence LeDuc, Laura Hodgins, All election, Liberal Party Yoters were over number of votes required to win an eleccarried out are unknown, but even if l\.ilan and Azin Samani. 2006. Three Op· vaJued while all other voters undervaJued. tion. For example, in the 2003 Ontario it led to valuable tactical information, Under a proportional system, virtually nons for Electoral Reform tn Ontano, election, 64% of voters in the con can these ends justify the means? available [online1: every voter will have equal voung power. Docs the severity of the charge gi,·e stituency of London-Fanshawe wasted http:/. wv;w.fu:eweeddemocracyproA third adverse effect of FPTP is that the authorities license to flout the their vote by voting for a losing candidate ject.ca/ media/Publications/Three Opit causes regionalism. Regionalism refers right to counsc\ tOt many months? 'to tions for Electoral Reform in Ontario while 57% of voters in the constituency to a party's caucus under-represenung or nave a fai.t: and \Ul'.t \c.~a\ ~)S.tCm, v..'C (2).pdf of Thunder Bay-Superior North wasted nvcr·represenung certain regions of ()nmu1:-'t an~')..'t::.'C u.no'' t.n \\'\c.sc. fO.:\\.\e~t\..'\n.~ As each of these mn<.\c\s ~hQv..·, a ~ro their vote by voting for a candidate who tario. ~otah\v, after the 200'\ c\ccnnn, the rcgarok~5 o\ wnat mon~\Ct: \ uo.:.~ng portional electoral system i.n Ontarm w\1\ had already won. In the final count, a Lihcral Par;,, was m·errepresenred in brrn1_qhr h<.·f'i_,rc- ir. ~o n long n"lll" to ...;;trr:-n..s.,rthen our clcnu>c st .tggc..·nng H'>" ~~ <>f '\()fc.-.nt 111 •l'hund<.'t
Ba'}-Superior North had no impact on ele~toral results. Under a proportional s\·stem, almost all of these voters would have had a direct impact on electoral results.
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parties were underrepresented m nearlr de,;tcd referendum on Ontario electoral ever) regwn based on voung numbers. srstem reform in the making, Ontario The '\lew Democratic Part} (NDP) ap- v~ters must be prepared to strengthen pears to be a party of Northern and ~en our democracy. tral Ontario when it should have rece1ved
••••••••••••••••••••••••••••••••••••••••••••••• IRB continued from pg. 11 ately resolved; (c) request the Governor in Council that an inquiry be held under section 178; or (d) advise the Chairperson that the Minister considers it unnecessary to take further measures. Then, on receipt of a request from the mimster, "the Governor in Council may, on the recommendation of the Minister of Justice, appoint a judge of a supenor court to conduct an inquiry, s.178 of IRPA. To date, it is unclear whether the IRB has observed any of the remedial and disciplinary measures required_ under IRPA. When asked if the fourmer matter had been referred to the minister, Forget said, "Whatever action the ~hair takes is personal information. There IS no public information on this." Rocco Galati, speakmg on behalf of Fourruer, told The Globe and Afail that his client derues the allegations of sexual misconduct and believes, instead, that his dismiss~ is "payback" for earlier clashes with IRB officials. In addition, Galati told The Globr and
Mail that after Fournier began dating refugee lawyer Debra Shelly, he recused himself from refugee proceedmgs that involved her or her law firm.
To DATE, IT IS UNCLEAR \X'HETHER THE JRB HAS OBSERVI:.D ANY OF THE RE~ILDI \L AND DISCIPUNARY MEASC"RES
REQUIIlliD t:NDER
IRPA.
If Fournier did indeed withdraw from cases that involved Shelly, or her firm, why did the IRB order that his cases be reheard? Accordmg to Forg~t, the decision to re-open those cases was purely administrative in nature."(Fournier's] cases were reheard simply on the ground that they had been started but not concluded. It was a matter of not keeping claimants
waiting," said Forget. . . At this stage, whether the IRB likes It or not, it must satisfy the publlc's right to know. It has to explain where its staff gets the authont}' to investigate me~bcrs for misconduct, let alone alleged cnm1nal offences. In failing to explain, the IRB is 1gnoring the statutory framework (pro v1ded under IRPA) that is reqwrcd to ad· dress allegations of misconduct by Governor m Counc11 appotntees. After all, the IRB claims it is committed to enhance public confidence in the integrity and competence of board mem· hers. As Fleury told the standing committee on ciozenship and Immigration, "\X'e [at the IRB] work everyday to earn the trust and confidence of Canadians." And, as he put it in his pubhc statement when news of the Ellis scandal broke, "Canadlans have a right to demand that the lRB's processes are conducted in an ethical and fair manner."
Ro.>:ana 0/iiJfra is aJmlancejournalist. Sbt is an intmraltonal relations specialist and tbe tht LAtin America co"rspondmt for Prensa Latina.
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problematic. For all the t];Jws in rhc trial process, many argue that the rc.·-~ult was just. Dutch-Iranian Ja\\' pro· fessor Afshin Ellian has voiced his
view that death by hanging was entirely JUStified. He likens Saddam Hussein to Naz1 war criminals, many of whom were also hanged without much protest. Death, though, is ultimately an unsatisfactory outcome. Saddam's death has not quelled the violence in Iraq. Nor has it prO\ided closure for so many of his v1ct1ms. As I have mentioned, Saddam was tried only for the DuJrul massacre. Victims of his other cnmes rna} therefore neyer get a chance to tell their stories in court. They will certainly ne,·er re ceive the satisfaction of having Sad dam's crimes against them vindicated by a guilty verdict in a democratic court. Their chance for closure died w1th Saddam on the morning of December 30, amid the execrations of hangmen and the dawn of yet another bloody day in the Iraqi nation. In the end, the TribunaJ was simply unfair. Future proceedings must rem· ed} the deficiencies that arose during Sad dam's mal. A free and democratic Iraq cannot exist without fair and im· partial courts. It is critical that no au· thoritv subvert the courts for short:term political expediency. Even when the accused is Saddam Hussein.
•
LrG \L IssL 1 !:>
12
Turkey and the EU: A TurkishCanadian perspective JO~t\TH -\'\J
SO:--..G
ULTRA VIRI.S JS: \Vhcn one thinks of the Turkish Republic's traditional pro Western orientation, one usually thtnks of Kemalist secular politics. \\'h) then, IS an Islamist party like the Ak also pursuing EU membership for Turkey? Does this ha\"c anything to do with the acrimonious relationship between the religious parties and the Turkish mihtary? RT: There is immense suspicion within the Turk1sh military's ranks that the AK Party is up to no good. Some of it may be justified and some rna> just be paranoia. The m1litar) has always been pro\X'estern while the same cannot always be said about the politicians. The AK Party's efforts to join the EU have put the military in a most difficult position. On the one hand, the military does not want to hinder efforts to become closer with the West, but on the other hand they know all too well that in doing so their power would be curbed in which case the real agenda of the AK part) might surface.
fa1r. Smce the time the Turks voted in JS: The role of the army in Turkish polfavor of the UN plan to unify the island Icies is also often brought up. Can and Ray Turkhan i.r a 1itrh.rh-Canadiall bu.rithey have acted in good faith. The should the Turkish army be a purely apoJi,JJIHtJ/1 fro"' Edmonton, .- tlberta, and a longtime obsmv:r of Titrki.rh politics. In the u'Oh of Cypnot Greek side, however, has been litical force as the EU wishes? Or does it rrmrtlenrion.r behntn the EU and Tur~· or•rr exerc1s10g Jts ne\\.'found leverage as an still have an important role to play if and the latttr's nmnbmhip applicahon, I a.rhd hitn EU member to pressure Turkey to attain when po!Jucs in Ankara goes off the the largest concessiOns possible. I don't rails? for hiJ pmpectire on the issue. believe Turkey will cave into this pressure RT: Every nation needs checks and balances to ensure it runs smoothly. Some Jonathan Song: How long has Turkey and it shouldn't. nations need different kinds of checks to been trytng to get into the European address their unique situations. Turkey is JS: Part of the Copenhagen criteria is a Umon? Ray Turkhan: Turkey has been trying to . fairly substantial degree of minority democratic but the military keeps an eye rights. But whenever there is political on the government to ensure that it stays get 10 for approximately 40 years. news about Turkey here in the West, the true to the constitution. The Turkish milJS: Do most Turks in Turkey support matter of Turkey's Kurds is often promi- Itary is the 1nsotution in Turkey most JS: One of the most popular arguments entn mto the EU? nent. \'V hat IS the present situation re- trusted by the majority of the people. for Turkish entry into the EU is that it RT: \ majority of Turks were initially re- garding the Kurds 10 Turkey? Can some will help bridge the dt\ ide between the ceptive to joining the EU. This, howe\·er, sort of soluuon be. attained that would JS: \X'hy does European public opinion West and the l\lus!Jm countries. Do you has dramatically changed in the past year. satisfy the Kurds, Turkey, and the EU? oppose Turkish entry into the EU? Is it think Turkish membership would ha\·e .Many Turks are beginning to feel the Eu- Or is the situation so intractable that an economic anxiety? Islam? Or something such salutary effects? Or is this argument ropeans do not want them and that the endgame would mean a radical redra\\;ng else? bad!) oversold? process is nothing more than an elabo- of the region's borders one way or the RT: Europe is predominately Christian RT: Absolutely it is oversold. I don't beand Turke\ is 99°'o Mustim. Por almost l.leve for a second that Turkey will be able rate game of "Simon Says". Most Turks other? \,000 yca;s the huropeans have been to brid~~ thts divid(.; between the \.".;est arc kccnl\ aware that certain groups are R"t~ "Then.: arc cet:tam realities that per using the l:.U entrance process to further plex the Turkish nation but none more fighting the Turks and I think this has and the Mus lim countnes. Europeans so than the Kurd1sh matter. There are fostered an image of a Turk as being a don't trust Turkc\ and netther do many rhcir own agend<IS, 11·hich are contrar; to Turkeys best mterests. those who hope that the situation can be ternble barbanan, a brute or tyrannical Muslim nations. 1 recall there was this remedied through compromise and by person (wh1ch until recently happened to huge uproar when Turkey offered to JS: \X'hat has Turkey done to fulfill the giving more rights to this minority group. be the definition of Turk in a few Euro- send troops into Iraq to help with the sitCopenhagen cnteria for EU member- But in my opinion this is a futile ap- pean Dictionanes). Frits Bolkestein who uation. Saudi Arabia, Jordan, Iran, and ship? And have these reforms generally proach. The Kurds are the largest group used to be the Dutch European Com- even the Iraqis were all against Turkey been good for Turkey? of people in the world without a home- missioner was quoted as saying that if the sending in troops. To be able to mediate RT: Well for starters the death penalty land and Turkey has more Kurds than EU admits Turkey then the 1683 Battle between opposing sides you need to be has been abolished. ~iarket reforms have any other nation. Added to this is the fact of V1enna would have been fought in trusted by both and Turkey due to its hisbeen instituted and today Turkey can that their population growth is consider- vain. The Europeans have been able to tory is not. You can find Anti-Turkism boast of having one of the highest eco- ably higher than that of the Turks them- forgive each other over the two world amongst many Muslim nations as well. nomic gro~1:h rates in the region. For the selves. Given enough time, this problem wars but they will not forgive the Seige most part the reforms instituted in an ef- may become the single most challenging of Vienna. Of course, other factors JS: The Turkish writer Orhan Pamuk has fort to join the EU have been to the ben· one Turkey will ever face. In the past, come into play such as the Turkish econ- become very famous in the West. He is efit of Turkey. Turkey has attempted to assimilate the omy, human rights, etc. But all those the often quoted as saying that the most Kurdish population. By coining names Turks can address. The Anti-Turkism beautiful view of the Bosphorus is not JS: Recently in the news one hears that a for them such as "Mountain Turks", not many Europeans have in their hearts is from the European s1de, or from the major, 1f not the most important, stick- allowing them to speak their language, much more difficult to tackle. Asian side, but from the bridge in being point in accession negotiations IS and even dispersing them all over Turkey tween. Is this a desirable and viable Turkey's rclationslup w1th Cyprus. Why in the hopes they would mix and lose JS: But in spite of public opposition, metaphor for Turkey itself? Is being such is it such a problem and what do you their identity. All efforts to date have many, perhaps most European statesmen a bridge a glorious destiny? Or do think Turkey's position ought to be? failed, as the government proves to be sound supportive of it. What do you bridges just get stepped on by those who RT: Back 10 2004, Turkey put its support inept at finding a lasting solution. I have think the EU hopes to get out of Turkish walk over them? bdund a Ul\. plan that would see Cyprus a proposal but it is more radical and that membersh1p? Or do they want to main- RT: While I do believe Turkey has one unified. The Turks of northern Cyprus is to help the Kurds establish an inde- tain the present candidacy situation into foot 10 Europe and the other in Anatolia, voted yes in a referendum in favor of the pendent nation in northern Iraq. There the future? its heart has always been with its ancestral plan, but unfortunately the Greeks voted ts no chance that Turkey would allow any RT: I think EU statesmen realize they homeland in Central Asia. Ataturk told against it. i\ clivided Cyprus was admitted group to challenge its territorial integrity have leverage over Turkey. In the past bil- the Turks to look to the West but times to the EU where the Greek side spoke thus why not take advantage of the situ- lion dollar contracts were awarded to na- have changed and Turks are explonng for the entire island. Though the EU ation tn Iraq? If such a nation were ere tions who supported Turkey's efforts to other options. Of these options I believe promised to help end the economic iso- ated then Kurds living in Turkey would join the EU. 1 think they will continue to the most viable is to form an economic lation of the Turkish side of the island, now have a choice to either accept the use this to their advantage as long as federation \\ith other Turkic nations. In little to nothing has been done to date. Turkish national identity or relocate to Turkey allows them to. \\'hat you have to so mam• wavs it makes sense since they The primary reason is the successful northern Iraq. \X'hile this approach rna\ understand is that the people of Europe all shar~ the. same culture, language, hisGn.:ek effort in blocking aid to the Turk- seem overly harsh, over 30,000 people will make the final decision. As long as tory and religion. ISh Cyprus s1de. Do I think a solution is have already died in Turkey due to the the public does not want Turkey to join then there IS no hope for Turkey. impossible? Sure, IF both sides don't play Kurdish issue.
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15
FEATURES
·----------------------------------------------------------------------Caesar Salad from Scratch Serves one (as a meal) or two (a~ an ap· pwzcr)
Dr. Ruth Rl.TfHII
W\111.
Dear Dr. Ruthic, In the last few months, I have had many of my male friends fall for me, to my great ::.urprisc. It ts actually very hard for me to deal with because 1 often do not reciprocate and in some cases, that has damaged or ended friendships. It is making me wonder whether men and women can actu:tlly be friends at this age. Is lf'lx11 Hart)' Mrt.S~II/y right? Ilclp, Irresistible L-.dy Dear Budding :\fate Magnet, Some things need to be clarified before we begin. While you are probably a great girl, you probably arc more often the object of your male friends "needing some lo\'in"' rather than "l\·e found my soulmate." Likewise, your guy friends suddenly turning the tables probably has more to do with where they are 10 life than what you arc about. But anyway, it is really best not to give in to their attentions or ac.\vanccs unless 'jOU are sure \·ou want something. Hooking up with t"rit'nd.,· is Jik,· Pandora:., Box -once: you\ c .~c:cn in.~ide, you arc nc,·cr the
same. The same goes for seeing people naked. Dear Dr. Ruthie I hkc assholes. The bad boy. The hot guy in the bar who just oozes attitude. You know who he is. The truth is, I love the challenge they give me and I get off on the fighting. Yet in the end, I often get hurt, and I find myself longing for something more secure. How do I reconcile my long-term needs with my short-term attractions? Thanks, Hopelessly Devoted to Rebels
An interview with Ben ''Massive'' Alarie
This month's recipes are all about se!findu(~mce in the kitchl'll. Each isfor a dish that is 1nll-liked and 1Videfy consmmd, but lbtJt/llost people htll'e onfy tt't'r e.'<perienced in an adulteratedfor/11. The 1111111ber of people 11 bo hat't nel'er bad Caesar salad dressing or A(!redo sauce that didn ~ originate in a /Jollie or a 111i.v (enn ulm1 t'f11m at res/au· mnts) is alarming. Try 111aking the111for)'OIIrse(! andyou u·i/1 be surprised 0 the remarkable difftrmce in quali!J andjlal'our.
.\I ARIA ZUJ)IS A:-.:D D.\:\ bl STLR..'\
5. How would you recommend cleaning up the income tax act? Excuse me but I don't think it's ,·ery dirty. A note on traditional Caesar dressing: This traditional dressing is made with raw egg. If you choose to make It this way, please be sure to use very fresh eggs, straight from the refngcrator. If you would prefer not to usc the egg raw, you can coddle (partially cook) it before usc by immersing it in boiling water for exactly one minute.
Lightening Round: Cats or dogs? Dogs Coffee or tea? Coffee
1. What is your favourite chore? I like takmg out garbage because I like to go outside for 30 seconds of fresh air.
Uncle ]me or U11de Jory? Joey Grq sA 11alo!J~)': Addidire or mmoying? Folloll' up: McDreafl~)' or McJtea!I!J? Huh? For that tllaller, McFI11rf)· or Blizzard? Bllzzard!
2. Do you wear gloves to clean the
Lord Dilhome or Lord Drmcku:erts?
toilet? I don't do toilets. I have cleaners. \1. though now that I think about it, 1t's not very smart because the transaction costs exceed the beneftt. Plus, when l \)a'i them the)' t>ay taxes ... imputed in come . .. this all makes cleaners a loss.
Danckwerts
You are asked to cast Leave it to Beaver with members of the law faculty. Who would be ... n \Xard~ Stephen \.Xaddams o June? l .orraine \X'cmrib o Wally? Brian Langello o Beaver? ;\ndrcw Green 3. What do you have to say to the fact that a vacuum cleaner can suck If you were on Millionaire, and had and blow at the same time? Actually there is a one-way flO\'- from to pick four "phone a friend" peoone part of the machine to the other ple, who would they be? which docs not violate the sucking and I d Iacobucci, Ian Lee, :\lichael Trebilcock, Ccha. \\an actually take out Ian blowing metaphor. Lee and put m Effie because Effie actually knows ever) thing. \\'a~t, take out 4. What is yow hair care routine? Trebilcock and put in Arme \X'einrib. I go to I lart House every second Monday morning and the; shave my head there. A men's haircut is $14 but shav ing IS S 12. So l spend $366 a year which is a dollar a day. But really there arc 365.2422 days a year so my calculations arc not prcc1se.
them have, and all of them have not.
Annoying
What's your favourite game on The Price is Right? Plinko! Follow up: Have your pets been spayed or neutered? I don't have an;, so yes and no. All of
Dear ;\tasochistic ~1ama, The first step is admitting you have a problem: you know you get hurt and you (cause I am doing the same...except with downshift into makeup mode. The best know the guys aren't very nice to you. girls), but deep down, I am feeling that I medicine: find a girl who IS twice as hot, Don't sacrifice whom you are attracted "want to find her and murder her." smarter, funnier and take her home. to out of fear, but recognize that the guy Should I let her know how I feel, and ask Then you won't care what poor schlub who "oozes attitude" is also throwing his ht:r to stop? Or should I deal with it in ended up with your leftovers. junk around the bar and seeing who it another way? Dear Dr. Ruthic, lands on. I lc is likely not sharing your Smcercly, I have not done a thing since I started dreams of white picket fences. And that roaming-at-the-Mouth Ex here. I had a 179 on the LSAT and a 4.0 guy who sort of stays to himself and isn't Dear Rab1d Romeo, in undcrgrad. I figured that this would be all up on you, might both treat you right and be an animal worth fighting \\rith Somenmcs, man, you just gotta let her easy, but now I am realizmg after my B go. lf you know you arc happy about the on the small group paper (and subsewhen the lights are out. breakup then you have to banish all quent nervous breakdown) that I might thoughts of other guys pawing at your have to start working for real. \X'hat do Dr. Ruthic, ex. If there is some lingering doubt you suggest so that I can get caught up, \1} ~rlfnend and I just broke up recently, and I suspect she is already seeing other about ending things (which I don't think get m} \s, and not off myself? Smcerely, guys. I know this is not a really big deal there is since you are seeing other girls instead of pining away) then you could Standard First Year Student
As far as bald men go, who is yow favourite? Jean-Luc Picard. He's my fa\'ourite. If you became Dean and had to replace "Mayo's Muffin Madness" with your own alliterative food related event, what would it be? Ben's Barbecue Bunanza.
Approximately 'lz of a head of ro· mame lettuce 1/3 cup toasted croutons 1 /z tsp mmccd garlic
2 tbsp. good quality olive oil Juice of Y2 lemon Y2 tsp. \X'orcestcrshire sauce A dab of anchovy paste (optional) 1 egg, beaten Salt, to taste (be generous) Freshly ground black pepper Crumbled bacon (optional) I ·reshly grated Parmigiano-Reggiano
and pepper, and toss to coat. Spnnklc on the cheese, bacon (If usmg, and croutons.
Authentic Fettuccine Alfredo for One
Cook the garlic in the olive oil over low heat until softened. Be careful not to burn it, because it will make the dressing bitter. Allow to cool. M.tx the lemon juice, anchovy paste (if usmg), egg and \\'orcestershire sauce. Add the olive oil and garlic mixture gradually, whtle whisking vigorously to emulsif). Dnz zlc over the lettuce, season with salt
125 g fresh or dried fettucine I tsp. unsalted butter 2 rhsp. freshly grareJ Parmigiano-Reggiano (plus additional for sprinkling) I /3 cup heavy (35%) cream 2 tbsp. lemon ju1ce Salt and freshly ground black pepper, to taste (don't be shy) Cook the fettuccine in a pot full of salted boihng water (use about a teaspoon of salt for every litre of water) until al dente. Strain the pasta, lea\'ing about a t.1blcsp<xm of water in the pot. :\1clt the butter in the pot, then return the pasta, and toS!i. Add the cheese, cream, lemon juice, salt and pepper, and combine well. Allow to simmer over medium heat for 2 3 minutes, until sauce is thick. Spnnklc with additional cheese and serve immediately.
\ ubmilyourfarorite recepies to the Epimrean Adrocale at ultra.rires@utoronto.ca. If )'Our recipie is printed,J'OII nil/ reciere afabulous 'Joodie" gjft certifi· cafe..
'\ \ \ \ \
I
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Dear '\Jamclcss I L, The sooner you embrace being a\·eragc, the better you will find life within U of T's hallowed halls. Think about it in terms of bra size: A is nice, B IS better, and C has even more people turmng their heads. Everyone here is smart (except the people who talk in class, clearly) and they all excelled wherever the) were before getting here. Just gcr down to work and keep a tank of oxygen handy the next time grades arc handed out. By the way, grades don't always land you jobs and a sparkling personality (like mine) can make up for any shortcomings in the GPA department.
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SMART&.. BIGGAR Intellectual Property &. Technology Law
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16
FEATURES
Law Games 2007: U of T a winner in friendship
17
FEATURES
U of T winning streak ends at 2007 Law Games CRI·G B~RKI R
On \'\'cdncsday January 3, U ofT descended on London, Ontario for the four-day sports and partying extra\·aganza known as Law Games. I had the pri,·ilege of being a member of the te:tm. In typical U of T style I went to "win," even though I had no tdea what the conditions for victory were. It turn~ out that 1-1\\' Games is really one ultra-endurance event. Between partying Ltke a cowboy until the wee hours and rising at 7am for tests of athletic (and constitutional) prowess like inner tube water polo, the only limit ts your own energy level. In the end, just like the dairy challenge, nob<xly really wins. Gl\·en the already intensive n:tture of the e\·ent, I was cspccialh intrigued by the two hearty (or maybe foolhardy) souls that captained our squad. S ephanie White and Greg Barker dealt with e\·erything from keeping us checkil) clad to not getting arrested. When explaining her reasons for captaining the U ofT squad, Stephanie nailed the real reason for Law Games, camaraderie. "The decision to run Law Games this year was an opportunity to meet some more absolutely f.1ntastic people that we go to school with that we wouldn't have necessarily gotten to know otherwise. It was a chance to build a greater sense of community within our school." I for one completely agree with Stephanie. Law Games really engenders a sense of belonging that can't always be found m the classroom, even if that is achieved partially by emphasizing our (alleged) superiority. Greg echoed this sentiment saying his f.·n·ourite moment was ''walking into the ballroom at the convention centre for the final night." While the event was semi-formal, most of the U ofT team sported tank tops exclaiming, "Your Problems are ;\ly Porsches". Rounding out U ofT's arrogant atttre were shirts that read, "L of T, You \\'iSh you were me." '\.o wonder that Jesse Dallal remarked, "If we can't go as cowboys we might as well go as assholes." \\'hile the U of T squad wasn't as triumphant as in years past, we were still a dominant force on the field, in the pool and on the court. The football team vanquished all comers. It took \'\'estern three \arsity water polo players to subdue U ofT in the
,\s most students were spending the hst part of the holiday break enjoying some sun or playtng with their new toy:;, a team of 70 ''athletes" from the Unt\·crsity of Toronto headed to London, Ontario for La\\ Games 2007. llostcd by the University of \\'estern Ontario, this year's event was atte nded by 800 :.tudentl> from 17 law schools acro~s the country. The lJ of T contingent was composed of 26 first-years, 38 second-years, and 6 third-year students. ,\!though the Uni\'ersity of 1ontrcal broke l! of. T's four-year winning streak when it came to the overall athletic award, the 'loronto team had a ,-cry strong showing. The showing was particularly strong in tlag football, where quarterback Rich Luft (21.) led his team to \':icwrr m·er Osgoode in the Championshtp game. lie was aiued by the lightning speed of Gavin Cheung (IL) and the incredible catching of Kiran Patel (I L). Toronto also made it to the finals of innertubc waterpolo and basketball, but the tLams were ultimately defeated in close-fought games. In waterpolo, C ofT faced \\L~tcrn for the second time during the tournament but was unable to shut down the 1 \arsity players \'\'estern had fielded. Nonetheless, the team was happy with its play and grateful for the leadership shown by coach, Kaz • ejatian (21.), and star-player, Andrew Binkley (1 L). In basketball, C:tptain Gabi Szerze (3L) led her team to <.lorn· inating victories throughout the tournament, despite playtnr with a broken finger. llcm·e\'er, in the end, the speed, finesse, and teamwork o ')zcrze, Kien La (2L), Khaliu Janmohamed (2L),Jesse Dallal (11 '• ~u 1n ~ewell (1 I.,, Sarah Young (l L), and the rest of the team just couldn't compete wnh the size of Sherbrooke. Apart from making the finals of the above-mentioned sports, U of T also m:u.le it to the scrru-finals of ultimate frisbee and dodgeball. The dodgeball team, Led by cap· rains Melissa Serbin (2L) and Julie Breau (2L), made a huge comeback on the fiml da) of competition but just couldn't pull out the last two wins they needed for the Championship.
water t~o\o fma\s lnc.h for i.nc.h, the \.: of 'l baskctba\\ t<.:am was certainly the most
,\.\though the Uni....·cr\>\ty of Tornn\o w\\\ have to work even b.atdcr nc"ll.t )Car tn re-
able at the tournament. And while it wasn't an official event, \Jex Kenjeev won Je'l'al
gain the athletic troph;; the team should be commended for its winning-attitude.· and
wr;mgling for U ofT when he wrote on a wai,·cr " I don 'r consider this lcgallJ bmd-
the sportsm anship shown b; its
ing." But in the end we all won in fnendshtp. It turns out other uniYersities are happy to hang out with us, despite our self-appreciating attitude, and that 'Coff students can be a lot of fun.
member.~.
\'t;1 hilt.· some schools threw dodgeh.1/ls 111
a referee's head, injured other players, and argued with officials, U ofT played fair/); respected the officials, cheered on other schools, and generally had a lot of fun. E\'eryone on the team should be very proud. Finally, the entire law games team would like to thank Fraser Milner Casgrain, the DL'lln's office, the SLS, and platinum sponsor Paul, Weiss for the support the) recched. Without the support of these firms and indi\iduals, it would not ha\'C been possible for the team to compete.
ULTRA VIRES
18 change semester in Paris may not be for longer a city but rather a grandiose muyou. If, however, you not only scoff at seum, carefully manicured and cordoned these cautions but salinte at the very off to even most Parisians - only the thought of greeting strangers in a smoke- petit bourgeoisie can afford daily life in filled den of beef-served-rare with a the core. ,\s far as Universite Pantheon-Assas bisou on each check that leads to lingering com·crsation over abundant wine, (Paris II) is concerned, my experience AD.\:\1 5HI \ FI.I. was positive overall. I was allO\ved to take well ... what arc you doing later today? an: courses offered at the undergraduate Paris is abm·e all a caricature of itsel( Caveat lector! - if you arc: (i) obsessive ,\11 the stereotypes you c:~n conjure about Qargc amphitheatre lectures, or graduate about amiding fatty foods or cholesterol; the City of Lights are not only true but (medium-sized seminars) levels. The (t~ arc unable to enjoy yourself in an en- are in fact regimented by an all-powerful, biggest advantage to Paris II is its Exclosed area when filled with second-hand centralized bureaucratic agency to assure change Programs Oftice, which operates smoke; (iii) cringe at the thought of their quality and authenticity. Hence the w1th '\.orth .American style administrative greeting a stranger with a kiss on both dilemma: on the one hand, Paris is in- efficiency and fncndlincss - a true diachecks; or (tv) h:J.\'C an allergv to deed a feast for the senses, a cornucopia mond in the bureaucratic rough of bread/wheat/gluten/American orJapan- of beauty that lures one into a state of France. The EPO made life at university esc tourists, then read no further- an ex- intoxication. On the other hand, it is no sane by taking care of course registration
Eu.toT S:-.trlll People seem to think an exchange to Amsterdam is all about the tuhps and windmills, but there's much more to it than that. The Unin:rsity put me up in a foreign student residence, which consisted of a mostly furnished bachelor apartment that looked like a page ripped out of an lkca catalogue. The residence was a 15 minute bike ride from pretty much e\·ery attraction of interest, which is important since bicvcles are an integral part of Dutch life. Once all of the exchange students got their bikes, walking anywhere became a rarity. I started feeling like I lived in Amsterdam when instead of being a pedestrian getting ringed at by cyclists, I was the one doing the
ringing. The University of Amsterdam offers classes in European and International
Law. The two most interesting ones I took were International Humanitarian Law, a course in the laws of war, and a seminar on war crimes that invoh-cd a biweekly trip to The ]Iague to watch sesSions of the International Criminal Tribunal for the Former Yugoslavia. The class discussions on the la,,·s of war often got heated, particularly when it in\'oh·ed foreign students from countries on oppo$ing s1des of armed conflicts. Between classes, papers, and exams, I was also able to squeeze in the odd trip. ,\long with a few other exchange students from U ofT and Osgoodc., I drove to Munich to celebrate Oktoberfest. There was also a week-long excursion to the south of Spam that coincided with the U ofT reading week, and a few other weekend jaunts around the Netherlands and neighbouring countries. If you're looking for a change from U of T, then I highly recommend doing an exchange to the Uni\·ersity of Amsterdam. It's a much more relaxed term that will help break up the "bore you to death" year of law school.
A:sJT.\ I Iot"SHID.\RI
This past semester, I was fortunate enough to take part in an exchange at the Unh·ersity of ,\msterdam. When I was heading over there, I didn't really know what to expect but in the end, it ended up being a great academic, cultural and personal experience. On the academic s1de, the exchange prm ided me and the other nine U of T students with the chance to take all kinds of new classes specializing in European law. \\'e took courses on European Union law, the WfO, the economic law and policy of Europe and other aspects of international law. It was pretty amazing to see a legal system that promotes the free movement of people, goods and capital all over Europe. All EU citizens have the right to enter, reside and work in
1\NlARY 16, 2007
and exam scheduling for exchange students. The verdict: if your goal is to improve your French (and there were plenty of exchange students w1th barely recognisable fran.yais), spend time familiarizing yourself with French gastronomy and oenolog}; or simply want to better understand the ri~-,>ldity of French methodology, an exchange semester at Paris II may be perfect for you. But make sure you have an additional goal besides 'spending a few months in Paris'. \\"hile there's certainly nothing wrong with that, it's nice to get something more out of your $8000 tUition tab.
any EU country as if they arc all citizens of the same nation. This is pretty amazing in light of the fact that for much of history, and not too long ago, these states were often at war with one another. On the cultural and personal side, going abroad was a fantastic experience. All in all, I tra,·eled to London, Paris, Barcelona, Istanbul and Prague. Everything is so close .. . Paris and Amsterdam arc only a four hour train ride apart. It was gn..-at to meet people from a variety of cultural backgrounds and experience life in different countries. One especially memorable Dutch phenomenon was riding a bike eYerywhere (yes, a bike!) on a daily basis to get around, never mind that 1t was raining pretty much all the time. Everyone in Amsterdam does it, from busmcss-pcople to moms carrying their tots in wheel barrels attached to the front of their bikes. So, one piece of advice: if ever in Amsterdam, watch out for the bikes! They definitely rule the roads and don't have much patience for mere pedestrians!
19
FEATURES
E\1:\1 \ Wll.I.I,\:\ISON
FCUK. Shopping there isn't the only way to make a French connection. Try an exchange through our \Cry own Faculty of Law! OUJ, oui, the Sorbonne IS one of U of T's exchange partners in Paris, France, and it o ffered me an invitation too tantalizing to resist. So, off I set last September to that nile de lumieres to discover a city and a university whose history alone is a ,·ast mine of riches, to say nothing of its art, culture, energy and inspiration. And now, nearly four months later, I listen to Francis Cabrel and can't help but echo h1s calls for. "encore et encore." Alas, promenading through the charmmg streets of Paris-starting out at my apartment next to the Bastille, strolling past the Notre Dame, traversing the Seine, and finally reaching school at the Pantheon-passed altogether too quickly. In hopes of passing the torch, then, let me fill you in on the delights and the deceits of the exchange experience in Pans. The Pantheon-Sorbonne is one of two of the nine Cnin:rsltcs de Paris at which U ofT students can study. J\fter a rocky start trying to select courses (the ad min is nowhere ncar as prcpareJ in a(h a nee as U of T), classes were under way and I looked forward to my courses, which boasted a uniguely French edge. Take fi>r example, Droit Public du Patrimoine, or the law of public heritage and culture, in which my long-tressed artist-turnedlawyer prof ranted about the legacy of the French Re,·olution and its relationship to regulating historical monuments. ~[y Droit International Public professor impressed us with her expertise and sense of humour. Learning torts under the Civil Law regime was especially interesting: poor Mrs. Palsgraf would have had a different destiny ala franc;:a.ise. Located in the heart of Paris, and with
Eighteen days after landing in Toronto from four months in the ~etherlands, I can still smell, feel and touch .\rosterdam. I remember what it was like to ride my bike to school or out with friends, enjoying the sights and sounds of a different world. I rcc11l m\ first se,·eral weeks there in the earh S<.:ptembcr heat, trying to rid myself of )Ct lag . and meet new people. And I remember the exact day that I woke up and realized that Amsterdam was home. Dutch culture is an interesting mix of the 'well-known' (the infamous RedLight D1stnct and 'special' coffee·
lecture halls resembling rooms of the Louvre, the 800 year-old Sorbonne lived up to expectations. ~onethelcss, any sort of paperwork demanded a tolerance for bureaucracy previously unimagined. The professors don't ha\'e office hours-or offices for that matter-and interaction with them is non-existent by ~orth American standards. Lectures (read monologue:;) arc the :-;tanda rd
fare:,
though certain brave souls (other wideeyed ~xchange students) \'entured the ocC:lSI<>nal question. Another surprising obsen·ation: line ups for the library) You could think there were cinemas in there, but no, everyone vies for 20 inches of table space at which to work in peace. Don't let this fool you, however, as the concept of Robarts-stylc 24-hour libraries is incomprehensible; rather, 8:30pm closures arc the order of the day. f ..est I give the impression of complaining about this fact, let me quickly add that much learning was done in the halls of innumerable museums, in the company of other students (both locals and foreigners), and in the constant stream of
shops) and the undisco,·ered (less touristy, more interesting!). Dady trips to the local grocery store or market and ll!ss dtning out- became normal. i\ly friends and l biked e\er)'\\here: no waiting for cabs, no spending money on public transportation. Trying to decipher food packaging and various street signs was an interesting experience, however; I'm embarrassed to say that for all my 'worldliness' I know about fiye Dutch words! People in the '\.t:therlands generally speak better l,;,nglish than we do - which 1s great when you consider that lh':ing in Amsterdam for only four months doesn't afford a lot of time to learn Dutch. 1\nothcr wonderful thing about doing an exchange in .Amsterd:~m is that it's so easy to tra\'el elsewhere in Europe. Because of its location and the presence of relatively cheap airlines, I was able to explore Poland, France, Spa1n, Germany, Belgium and the
Czech Republic. One weekend, a group of us rented car:; and went to Luxembourg. There's nothing like spending }OUr days vismng art galleries and museums, learning about cultures other than your own and eating traditional food - and getting to return home to what is in my opinion the best European city of them all. (Of course, you still have to go to class, people. Don't think you're getting out of it that easily!). I would recommend going on an exchange to anyone. If you don't think you can do it, or if you're anxious, go anrway. Everything I\e mentioned comprise · only my own experience, and you should have your own! Just realize that when you return, you might be in my position: missing your favourite cheese and bread from the corner shop and the awesome coffee with that unpronounceable name. And my bike ... ~Ian, I miss that bike ...
cultural events offered by international organisations headquartered in this most cosmopolitan of capitals. For those who speak French, all th:~t comes not only with studying, but just linng, in Paris for four months, is in my opinion worth the extra dip into that Scotiabank \inc of credit. 'I:tkc th.tt with :1 ~r.1in of
salt, howc.•,·cr, since, a chacun son gout, and 1f you haYc something in particular against afternoon strolls in immaculate gardens whilst savouring chocolate croissants and contemplating the realities of life, Paris might not be the right place for you.
A:-;AT
ARn:-.;owtcz
.My travels took me through the center of the countr} by train, to Eyre's Uuru, to Katherine (!'.itmiluk) and then Dam·in and Kakadu.
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21
0PI~IO'\iS \.NO EDITORI \LS
Point-Counterpoint: First year December ''exams''
DLS less inspiring these days At the end of my first-year summer at D owntown Legal Services (DLS), I was asked by the Execuove D irector for a single word to describe my experience at our clinic. I replied immediately: "Inspiring." The last few months at DLS, embroiled in internal conflict, have been less so. At the end of my third and last year at this law school, 1 leave the clinic with a profound sense of loss. I refer not simply to the physical loss of Mary Misener and Richard Litkowslci-two highly esteemed and devoted clinic lawyers who departed under disconcerting circumstances-but to my personal loss of confidence in the management of this clinic. Though I fully appreciate that there are issues of privacy and confidentiality, the clinic's personnel issues are, if you will forgive
the pun, personal. As a student, I have found many aspects of the various revelations regarding "personnel-type issues" to be cause for great concern, particularly the manner in which the clinic's administration has dealt with the clinic lawyers. For example, the DLS Executive Director recently distributed a memo she had written to a clinic review lawyer in August. I found the tone and content of this memo deeply distur bing. D ean Moran has stated that it is her opinion that this memo should not have been made public in the first place. With all due respect, that is not the point. If it is fair to cons1der this memo indicative of the deterioration of the clinic work environment, then this is serious cause for personal concern. This is my workplace, where I was employed for two summers, and where I continue to volunteer, lead shifts, and participate as a part-time
credit student. Par from being the manifestaoon of a mere personalit} conflict, this memo, along with the numerous alleganons made public m further letters and memos from clinic staff in recent weeks, raises senous questions regarding management and professionalism. Review lawyers are a critical element of any D LS volunteer's experience, and we should all have confidence that they will be treated with respect. The DLS review lawyers have indicated that they are prepared to waive their rights of privacy and confiden tiality in the interest of having a meaningful public discussion. So why can't we have one? T he administration's response has been that these issues may touch on the employment concerns of other parties who have not waived those rights. I find this argument underwhelming. However, I invite those with more expertise in these matters to clarify and substantiate the validity of this claim. Further questions confront us. There have been calls to move on, or move forward, but should we move on without righting past wrongs? Or can we at least acknowledge that wrongs have b een
done and mistakes made? And on that note, can there trul) be accountability, given the constant spectre of confidentiality and privacy 1ssues? There have been serious allegations made, and a plethora of hurt feelings to go around. Can names ever be cleared and reputatwns exonerated? How can we restore confidence in this clinic? This question was posed to me during a recent meeting with Dean Moran and Associate-Dean Sossin regardmg the state of affairs at DLS. I have no easy answers, but I would submit that the constraints imposed by the continual reiteration of the overriding importance of privacy and confidentiality regarding "personnel-type issues" do not help matters. How can we trust that a self-examination and review by the administration of past conflicts and issues regarding clinic operations will be fair and thorough, particularly if the results are never disclosed? Moreover, while there has been discussion of a "mini-Task Force," a venture I support
DLS continued on pg. 2 1
In defence of • practtce exams SH.\RO~ Sn.m RT
1\lthough the current model for evaluating first year students' progress at the Facult}' of Law is admittedly far from perfect, first year practice exams arc nonetheless a useful exerc1se which we should not be too quick to criocize. From the time we began our studies at the Faculty, professors and upper year students alike warned the first year class that the writing of law school exams is a unique skill that must be learned apart from, and in addition to, the actual substance of our course materials. I can now say from experience that I agree. Law students come from a wide variety of ac ademic backgrounds and many, if not most, of us have never written an exam of th1s St) le before. Having someone else explain the process to you is one thmg, but writing a law school exam yourself is something else altogether. Like riding a bike, the best (if not only) way that we can learn to do it well is through practice, and December exams m first year pro\'ide the opportumty to pracuce m the most effective way poss1blc.
LS con tinued from pg. 20 m theor y, 1 <.JUC,tto
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and mandate could fully address the issues and concerns raised in recent months. I do not pretend to be able to provide a solution, but undoubtedly, the values of communication, consultation, transparency, and accountabilit}· are crucial components. Finally, it is no secret that interpersonal tensiOn at DLS has reared its ugly head in recent weeks, and has not entirely dissipated. I wonder if it is possible to measure the impact of this discord and tension on the mechanisms of the clinic today, and in the future as well. I further wonder how this division (and, in some unfortunate instances, outright hosttlity)has affected the psychologicaltntegrit}· of the staff and students. What can be said of the reputation of this clinic today, not simply for the incredible work it does for its clients, but for Its management of internal affairs and stability? The fact that there is dissent and disagreement does not mean that there cannot be respectful dialogue. Actively engaging in discussion with all- including but not limited to credit students, shift leaders, student Executive members, past and present re.,iew lawyers, the Executive Director, Dean Moran, and fellow student ,·oluntecrs - is crucial to acknowledging, understanding and hopefully reconciling multiple perspectives.
Past exams posted on the library website are certainly useful, but without feedback from professors, it is impossible to kno\\ what you are doing well and which aspects of your answers need improvement. And while the one hour time limit certamly increases the challenge, it is a necessary evil, for it enables students to understand, through expenence, the necessity of developing good time management skills and the abilit}' to think clearly under pressure. December practice e;xams provtde first year students with a valuable opportunit}' to familiarize themselves wtth the style of examination that ts used at the Facult} (for better or for worse) and to gain a better understandmg of the characteristics each professor looks for in a good answer. Granted, the format and scope of the December exams are not exactly the same as those to come in April, but their differences in no way make them exer cises in fuolit}'· After three and a half months of law school, we are not ready for the t}pe of exams we will encounter in April. Apnl-style practice exams administered m December would
A£ . } f e s ttva 0 fu tillty AsDRb\ H ,\..<>l ~'nAt-;h.
The structure of first year exams fails to reflect the actual process of learning in Jaw school, and it 1s onl) vagucl} con· nected to the body of knowledge and skills that we are seeking to butld. The current exam model, 10 most cases distilling an entire year's worth of work into a single final, should be changed to inelude more grades from a much widerrange of work. It 1s doubtful that the December exams were taken serious!) by anyone other than a handful of top ach1evers. They are roo brief, too closely spaced, and offer no incentive to devote long pe riods. of study at a very busy time of year. Even the faculty appear to treat this first round of testing lightly, some offering no more than a few comments as prepara tion, and even Jess on their return. \s they stand, December fail-safe exams offer little m the way of meaningful as· sessment, mostly serving as a sock to goad careless students
r--------..a.----,
simply make no sense. However, by writing shorter exams covenng the matenal studit:d tn first term,
we put ourselves in the best possible position to succeed when it's time for 'the real thing'. few students would disagree with the argument that a morc varied framework for evaluation, mvolving an increased number of assignments and a decrease in the weight of final exams would be more reflective of students' actual knowledge and abilities. However, the administrative realities of our school cannot be ignored. Changing the system to one where grades are distributed over multiple assignments would be nice in theory, but in practice would greatly mcrease the workload for professors and students alike. It is hard to imagine that first-years would take kmdlv to such a change. It is more likely that they would simply shift the object of the1r complamts from the arbitrariness of exam marks to the overly taxing workload. Even if the evaluative framework for first year students were changed to in elude (as in small group classes) more hea\ ily-weighted assignments, \pnl exams would doubtless remain part of the picture. Unless and until ;\pnl exams change or disappear completely, December practice tests will remain vital to prepanng first-year students for their end-of-year evaluations.
into more studious behaviour. I understand that these are meant mainly as personal gauges, and as a wa'} of \!,Cnt\') easing students in before the \pri/ onslaugh t. I agrt.:c thilt I
did find some value in the process of studying: if nothing else I managed a sohd re view of the term while power-processing pages and pages of my disjointed notes - and my fragile self-esteem has certainly been shattered by the returned papers, replaced with guilt and vows to improve. rlowever, fear and soul·crushing pressure may not be the best method of engagement. As well, the connecuon between December exams and finals is tenuous. One hour, on o ne question and basic concepts does not compare to three protracted hours synthesizmg en-
tire en cbooks; one cannot hope to apply the same stratc~es. 1\s practice, the December exam is like a run around the track compared to April's tri:lthlon. In the interest of fairly and fully evaluating students as individuals, and to address skills beyond speed regurgitation, the exam system as a whole should be restructured. As lawyers, our work will involve a great deal of methodical research and careful writing, as well as speaking and meeting with people; these tasks arc not reflected in the pressurized environment of the exam, but would be better de,-eloped through essays, presentations, and discussions. The fail safe December exam is not itself the problem, but it is a symptom of a system violently skewed towards final zero-sum performance. Although we are told repeatedly not to worry about these early indicator grades, this message 1s frequently undercut by the emphasis on final grades for summer jobs, second year OCis, scholarships, and awards. furthermore, these can be pro,·isionally secured on the basis of December grades, despite the fact that they are supposed to be for personal knowledge only. Thts is deceptive, and violates the 1dea of free practice. Coming back, an appreciation of where we stand is entirely dependent of tbe qu-ality of \)to£essors' feedback and "·illingness to prm·ide direction. 1 would much rather ha\·c my grade distributed across a number of smaller assignments throughout the year, and be given an opportunity to different tasks that might offer better scope for my skills than an exam alone. As well, I would rather have my instructors evaluate my legal development over time. The material could be engaged with more closely, and in a number of different contexts, rather than being flung at a single arbitrary exam question that may not even address half the course. December exams should reflect grades that do count, but they should not be the only way to chart students' progress, nor should they be the only passage between me and my career as a lawyer.
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0PI"JION5 A~D EDITOR! \LS
of Canadian legal education because of information, and we won't tell you how our great, highly paid, world renowned we e\·aluate it or what's important, but we professors, then why aren't we putting will give it our best subjective assessment them to good use in classes that reflect and then provide you with a result. There are several issues to be looked their ratio to us students? And if we did at with regards to admissions. Our adtake this step, wouldn't it be easier to deministration prides itself on taking a hoL l"ST\£11 schools and legal climes. Since the last ac- \·ise better testing methods, classroom inlistic approach to admissions. Yet, ademic plan, the political and social envi- teraction and thus an enhanced learning we remain the only law interestingly, \ new year and we have all made our ronment tn which the law school experience? The only conclusion that can school in Ontario without a special cirpersonal New Year's resolutions for operates has changed dramatically. There be drawn is that too much of our tuition cumstances category. U of T undergrad2007. It seems appropriate, therefore, are big decisions on the horizon includ- ts being used to fund professors and their uate student, Billeh Hamid, has one year into Dean Moran's mandate, ing tuition, the new building and peda- research time and not nearly enough is gogy. The Dean can express her ideas on going to the classroom experience that challenged the law school on this point. that the law school make some resolu tions of its own. These are our tdeas for these issues and we need to see signs of we, the students, actually care about. that vtsion soon. The upcoming acaa better law school. demic plan represents the Dean's first 4. Re-evaluate the Admissions opportunity to imprint her vision on this Process 1. Clearer Vision from our If there 1s one thing that's clear about school and we look forward to her new Leader the school's admissions and entrance for- IT'S NOT OFfEN THAT CURRENT \X'e l.tke Dean Moran; she is nice and tdeas. mula, it's that it's pretty undefined. Cancaring and keeps us well nourished at STUDENTS TALK ABOUT AD~fiS dJdates are told the personal statement is least once per month. However, one year 2. Better Testing Methods SIONS BECAUSE AFTER ALL, WE into her term we don't really know what If the administration were to recog- important (okay, we all believe that), as ALL MADE IT HERE. ONLY THE she stands for or how she intends to nize that we don't actually need grades in are the reference letters (sure), and of make the law school a better place. We Jaw school, it would not be news to any- course the grades and LSAT make the BIGGEST NERDS ARE STILL are not sapng she doesn't have great one, since for years the faculty has hap- cake. GLOATING ABOUT THEIR GREAT Now it's not often that current stuideas, we just don't know what they are. pily run pass/ fail courses, pass/ fail LSATSCORES There is talk of a new academic plan, but . intenstves, pass/ fail moots and once had dents talk about admissions because after why has that taken well over a year just pass/fail bridge week papers. all, we all made it here. Only the biggest to get started? We now know that many That said, employers need grades to nerds are still gloating about their great of the problems at DLS were linked to assess us and most of us need grades to LSAT scores. So, in the grand spirit of the absence of an acaderruc plan a full push ourseh-es. So why are the exams being law students we ignore those future year into the \loran Deanship. But why and testing methods at this school so candidates who hope to be like us and v.-ill the ncv.: plan be lirruted to one or two poorly de\'eloped? How many of your forget how tormenung the admiss10ns Although the admissions process inyears v.:hen previous acaderruc plans have exams last semester or last year failed to process once was. Howe\ er, doesn't the cludes personal statements, which go run on fwe-year cycles? capture major pans of the course? l low school deserve better than a mish- some way to providing for applicant', <..oxoften aTe que!'.tions ~epeated "crhaum ma!'.hed candidate assessment process planations about their vanous circumfrom exam to exam (thereby testing which ensures places for the top num- stnnces. is this enough? We may indeed Ilc>thmp;)? .<lncl ho\V often arc you asked bers perf(>rmers and /caves everyone else require another class of applicant. UV to answer a ridiculously open-ended poJ- to the whimsical hands of the admissions will be watching as this issue unfolds over committee? Oh, and by "admissions the next few months. JC} question m 20 minutes or less? The \X'L ARfo, OT SA\1.:\G [DI:.A answer is: too often. committee", we really mean Arnie \VemFinally, there has been decreasing fen-foR\:'\.) DOES~'T HAVE Professors don't put enough effort rib, who for years has been what George male representation over the last three GRE.-\T IDL\S, \\"E. ]CST DO~'T into dev1sing their exams or on fmding \X: Bush would call "the decider" on mat- years, which is of concern. \X'hile this innovative ways for grading us. Exams ters of admissions. ~o offence to Arnie, may onlv be a statistically non-signifi~OW \'\HAT THEY ~\RE. are far too heavily weighted to material but this glaring lack of transparency is cant occurrence, we need to make sure covered near the end of the semester and completely out of touch with the study that there is not a systemic problem the policy questions (if necessary) should of law. Try to think of any legal test emerging. be left for take-home essays that could be which proceeds as follows: Give us your handed in at anytime throughout the seAt DLS, we witnessed first-hand the mester. Too much of law school can be consequences of a clinic that trted to boiled down into twiddling your thumbs move forward without a clear vision. At all semester, borrowing someone else's least 18 months ago there was a need for summary three days before the exam, the clinic's structure, caseloads and fund- copymg it onto your examination answer, ing to be looked at. This need was evi- and getting a B orB+. Is this really the dent to the Executive Director, who learning expenence the school is aiming attempted to convene a task force to look for? Can't we do better? at the clime. Similarly, Dean .M oran has recently dectded to have all of the 3. Decreased Class Sizes school's clinics looked at, including DLS, Accordmg to the Faculty website, we in association with the upcoming aca attend a school with a 9 to 1 professor to demic plan. However, the concern is that student ratio. The school makes a pomt the problems at DLS were known 18 of repeating this fact over and over again months ago and both the Dean and Mc- when selling itself to prospecuve stuCormack's responses appear reactive to dents. We know, it's one of the best in problems that manifested many months North America. But we also know it is completely unobservable as a student at ago. We attend a law school where the re- the Faculty of Law. How many law sponse to every problem is a new com- classes you have sat in with only 9 stumittee or task force. Just like any dents? That's what we thought. So why then do we have so m~y proorganization in real life, big ideas tend to come from the top down. That's why we fessors listed on the facult} website, all appoint the smartest and most compe- earning big dollars? If we are going to tent people to lead institutions hke law tout the school as the 'be all and end all'
4 ideas for a better law school
J
ULTRA VIRES
On the execution of Saddam Hussein
l \NUARY 16, 2007
0PI!'-IIO~S \l'.D EDITOR! \LS
23
CDO: Stop Assisting the NYC Migration "-01 I. '-II \IPLh
The Career Development Office (CDO) has to be one of the best-run bits of l of T. Efficient, compassionate, and knowledgeable - these people do a great job. I can only think of one thing that would make the COO better: they should stop helping Amcncan firms hire our best graduates. The COO shouldn't advertise \merican jobs, host American OCis, or do anything else to encourage our graduates to work outside the country. 15 members of the class of 2007 intend to take up American jobs after graduation. Each of these 15 will pay their taxes primarily to Amencan treasuries, with little if anything stapng m Canada.
They'll each make about S90K a year, and pay S35k apiece in tllxes. That's o\·er half a million dollars between them-in their first year out alone. \ btg chunk of that half.million will dJsappear into Iraq, the War on Drugs, or some other futile sinkhole. Some of it wtll make Amencans' lives better. What the half-mtllion won't do is any good at all for Canada or Cana clians. Eventually, these 15 will contribute more to societ}· than their taxes. lf the 1\;ew York firms are as selective as they're supposed to be, then these people arc the cream of the crop. They'll shape and contribute to the law. They'll e\·entually write ground-breaking articles, if not ground-breaking judgments. If only Canada could hold on to them, they'd
eventually grace our Benches and our the scholarship which burnishes the Cabinets. In the all-too-likelr event that School's reputation. The Faculty of IM'lW they remain American resident~, Canada owes a great deal to Canada, and encourloses out on aU of this enormous potcn- aging our best and brightc:.t to leave is a lousy way to repay the debt. ttal. ln a 2004 Clo/Jr and Mail article, Why should the COO care about this? Because the faculty of Law should, ~tichacl Valpy took an optimistic\ ic'W of along with serving students, also serve htghly sktlkd Canadians moving to ~cw ) ork. Valpy expressed his hunch that Canada. Patriotism is a good enough rca son. \'V'hat's more, Canadian taxpayers most of the ne'W·est brain drain cohort deserve something from us in return for would only briefly dall) Stateside, before returning north. Like Canada geese in the millions which Queen's Park and Ot tawa pump into the school each year. In addttion to direct funding of the Uni\'erLIKF C \I\ \D.\ Gl I SL IN PINStt\, government OS \P and ~lillcnnium S1RIPL SCITS (Tfll~ fHEORY Scholarship mone} allow the School to get away w1th charging the tuition which RL~S), OuR LLITI (,R\DU\Tl .S it does. What's more, tt's government H ·WE SOMr. ~fYSTLRIOLS grants to facult}· that let them produce IIO~UNG INSTINCT \X'IIICII WilL RETURN THbM TO US t\FTf· R
Pri at 33 St. George St. They'll show you how to do repairs yourself. One of the reasons I want more peoabout to open in front of me or when ple to start biking year-round is that the DA\ JD THmn>so:-.; more of us there arc, the more momenride my bike all winter. I am often someone is about to cut me off. You detum there will be for needed pol.tt1cal acasked how I can be crazy enough to do velop very guick reflexes. Sure, there is tion. The city needs to add a lot more thts. It's fine as long as all m} extremities an element of danger. Last week I hit bike lanes. There especially needs to be are covered, and because I'm mo\'ing, it some black ice going around a corner, a good East-\'\est b1ke lane on Bloor fell and cut my chin open. I have been keeps me warm. I would get colder walking to school. \s I'm writing this, it hit by cars a couple of times, but just Street. Cyclist advocac} groups have been pushing for thts for a while now, looks like winter wtll never come agam, lightly clipped. However, compared to and many "critical mass" ndc\i have so I thought: when could be a better the odds (you're JUSt as hkcl)= to he m time to encourage you all to hike yenr- jured while driving or attacked by a been held along Bloor Street to bring atmentally i/J person on the TTC), biking, tention to the issue. The ultimate solu round. There arc, of course, obvious ad vantages to biking, such as exercise, relatively speaking, is not that danger- tion would be to do as in many European cities and divide sidewalks in fresh air, saving the emironment, and ous. Some basic tips if }OU want to start half, one side for pedestnans and the saving time. Riding my bike allows me bikmg again arc to wear a helmet, get other for cyclists. In the meantime there needs to be more respect for existing bike lanes, and better enforcement against cars that park or drive in them. Snow removal should not be dumped in btkc lanes. If you decide to bike, help build up a positive reputation for cyclists. Obey traffic laws and don't be a jerk. I was really impressed one time when I was stopped at a red light, and when one C} cltst started to run the light, a couple other cyclists yelled at him for it. I think we should hold ourselves to a higher level of decency than drivers. I don't give anyone the finger. When a driver does something stupid I JUSt give him or her "the look" and ring my bell. I don't need to stoop to the level of road rage, but 1 also am confident in my rights. I won't be afraid to take up an entire Jane with my bike if need be and I won't allow their honking to veer me off to the s1de of the road. I am a vehicle and to leave from home for a 10:10 class at bike lights, and a bell. Especially relevant I know it. 10:05 instead of 9:50 and make it there for winter biking is to get mud flaps so A couple years ago on Valentine's you don't get water and slush spraying almost on time. Day I stopped at a stop sign on my bike Many people are afraid to start biktng up in your face and up your back. Get a and someone handed me a Bntney good lock, a U-lock. You'll probably 10 Toronto. You just have to try it. It's Spears valentine and a Hershey's kiss, scary for the first couple of days, and have to pay a lot for Jt but it's worth it. and said: "Winter biker, we love you!" then you just develop some t}·pc of If you need to get your bike fixed up So get back on your bike; you'll feel the sixth sense that protects you. I some- you can go to Bikechain, which is free love too. how know seconds before a car door is to U ofT students and open 12-5 Moo-
Bike this winter!
WINTER CYCLIN,..,G~l--~-~~· ~
SHORT SOJOURNS IN Tf IL SOUTH. pinstripe suits (the theory runs), our elite graduates have some mysterious homing instinct which 'W-ill return them to us after short sojourns in the South. Valpy's faith was bolstered by his convc.rsaoon w1th A.B., son of two Canadian public servants and a -:\1.cGtll Law graduate working in ~ew York. \.B. spoke flatteringly about how much more openminded, egalitarian, and gcneralJ.v nice Canadians are than Americans. He told Valpy that he was "certain" that he would be. coming back to Canada soon, to work for a university, think tank, or Ministry. Very reassuring stuff. So I googled A.B.. Three years down the road, surely he's realized his dream of coming home? Err, no: It turns out that A.B. is currently practicing antitrust law at Constantine Cannon LLP, of ):\;ew York Cit): If AB. marries, buys real estate, and makes partncr, Canada's hopes of getting him back Will dwindle steadily. My guess is that A.B. is entirely typical of the 15 we're about to lose. Whatever they may say now, most of thc.m will be gone for good. After all, according to Valpy's article, there are 250,000 Canadians living 10 New York Cit)· alone. I low many of them will ever come back? \X'e wouldn't want to interrupt the free movement of people across the border, and some people will leave no matter what we do. But the Facult)· can decide whether or not it wants to encourage the brain drain. Each of the 15 grads we're about to lose is an extremely valuable resource- as a taxpayer, as a creator, and as a leader. There's no reason to suppose that these golden Canadian geese will return; it's much more l.tkcly that they'll lay a lifetime of golden eggs in the American nest. It's time to stop encouraging their southward migration.
-..
my tax
I
professors Tax classes can be very taxing. Having studied business and finance and found them boring, I had turned to law to escape numbers and accounting pnnc1ples. Lo and behold, in the tax class I was again to be tortured by LIFO and FIFO accounting and calculations of terminal losses and recaptured gains. As if that was not enough, I.T. Act (the "Act") itself is splendid maze demystifying which can cost you a total or partial hair loss as evidenced by most of the tax professors and practitioners. U of T has done a good job of engaging Tax Professors who are keen to minirruze the agony of their students by a fine sense of humor and antipodean gifts of clear dunking. Two of such professors are Davtd Duff and Benjamin Alarie, whose classes I had a chance to attend this fall. Duff is an authority on tax law but completely identifies himself with bewildered students sharing their frustrations as one of them. He would demystJfj
ULTR.\ VIRES
0PI1\.IO~S \~D EDITOR! \l.S
24
~cct1on
after section of t h e Ace by
picking key operational words and linking them to related cross sections. At times this looks hke a frustrating, annoying and never ending game, enough to piss off all but the most resolute students. Duff knew how to diffuse this moment. With flashing eyes and floating hair he ran from one end of the stage to the other pulling his hair and screaming melodramatically reflecting the feelings of his audience. It works. Uproar of laughter eases the momentary stiffness in thought and the student IS reengaged. He had a lot of anecdotes and interesting stories which added flavor to an otherwise dry subject and made the tax class a fun to attend. If you didn't laugh on his jokes, he blushed so innocently that you couldn't help laughing. !\ear the end of our term, Duff was to be out of town for a week and Benjamin Alarie was to be his substitute. Before he left, he told the class that we are going to have a tall broad and handsome replacement. As, I entered the next class, I witnessed a Herculean figure before a mesmerized class. There was no murmur that normally preceded the start of the class. The new Professor was more tall and broad than my expectation and I heard a subdued whisper from a girl on the back row: "\Vow, We have a wrestler". Alaric started moving to and fro on the stage with measured steps (the stage was not XX-Iarge size). The black board had neatly noted provisions for business ex-
pcnses and he had something funny to sar about almost everything. After a whlle he would ask the class if there were
anv questtons or comments but invariabiy met with silence "\X'dl, I suppose either you have understood everything I have said or understood nothing," and then he would continue with his minimarch on the stage. By the next class, he was able to engage students asking ques tions mstead of wondering how such a small stage could carry such a mammoth figure. He had a terrific sense of humor with intnguing examples to demonstrate the m1suse of business expenses. I wondered how bormg tax law would have been without such interesting professors.
·ru trade you the m eaning of hfe for of tax law.'"
a dear
One comes to law school to get an education as much as a career. The agony of first year is as much about understanding the thought process necessary in a legal mind as it is the mtricacies of standards of proof or the doctrine of unconscionability. Perhaps more. The upper years, though, while continuing to hone the legal thinking skills founded in first year, should also allow students to explore the more practical aspects of the area in which they intend to practice. For the many students interested in Bay Street, therefore, courses \ike
ness Organizations and Securities Regulation. For potential litigators there's Trial Advocacy, Alternative Dispute Resolution and Advanced Legal Research and Writing. A whole and thorough legal education consists of not only the academic understanding of the various basic areas of law. There's a pragmatic aspect, too, in which we as students need to be learning the actual skills that are required in our profession. Why is it, then, that at the school that considers itself the finest in the country I can't get into any of the practical courses? Why are there long
waiting lists for all the courses that offer hard skills? Here are some examples, from the course list near the end of last semester: Advanced Legal Research and Writing, 2
sections, wait/isis of 26 and 20 Alternative Dispute Resolution, wait/is/ of 27 Art of the Deal, u•aitlisl of 33 Likewise this fall, Trial Advocacy had a line-up virtually out the door, as did Negotiation. As a case in point, I recently
PRAGMATISM continued on pg 25
5 Ways
th e Art of the Deal, Negotiation or even Venture Capwll Financing sup-
plement the core of Contracts, Busi-
XECUTION cont. from pg 22 assume that Saddam Hussein weighs 196 lbs, no more, no less. If the Official Table was properly consulted then upon the breaking of the 2nd, 3rd, 4th, or 5th, vertebrae the spinal cord should rupture causing instant deep unconsciousness and rapid death, or "comatose asphyxia." If, however, in a rush to the gallows, one forgets to consult their Chart and the drop does not produce the requisite force, then the second mean may be the result. When this occurs the rope will cause the carotid arteries to stop supplpng blood to the brain. The lack of oxygen to the brain results in, among other things, herniation of the brain. Herniation of the brain (see Wikipedia), though a process called "coning," causes the bram to be forced against the foramen magnum and lodged in the spinal column. This method can often take several minutes and could result in some struggling, however, death is certain. (I) http:/ /www.ome.com/time/magazinc:/article/0,9171, 1569514,00.html "Time's Person of the Year: You".
spoke to a graduate now working at a b1g firm in Toronto who, in spite of wanting to pursue a career 10 litigation, never got into Trial t\d. It's unacceptable that people can graduate from U of T Law having been denied access to courses that teach skills that mar be integral to a modern practice. \Xe come here to get the best education money can bu) in Canada, and that education should include more than fundamental knowledge and an ability to think like a lawyer. It should include at least some of the skills necessary to work like a lawyer. The solution may be to require more prerequisites for popular classes, which would ensure that onl} those serious about the skills enroll 10 them. Or perhaps just offer more sections of the classes that clearly matter to students. Regardless, it can't be a coincidence that the classes that offer practical skills, taught by practitioners, arc the ones with the longest waiting lists. The law school needs to accept that balancing pragma tism with the traditional curriculum in the upper years is integral to a thorough legal education. And it should make sure its students have access to those practical courses.
to
Spot an U ndergrad in the Library ERIC L\\'l ·RS
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This I freely offer: I spend probabl; more time on the third floor of the Bora l.askin Law library than anybody else. In my estimation, that qualifies me to offer five, at times unscientific, at times ridiculous, ways to spot an undergraduate, lurking around in the stacks trying to snag himself/herself a future sugar mama/daddy. So, in no particular order, here goes ... I. Smart-casual dress. If I spot somebody who clearly broke the bank buying c\·ery piece of warm-up gear on sale at the campus bookstore, chances are she's not distraught about getting PFO'd by Davies. (Well, to be fair, no law student who can claim such distinction is broken up over that one either. But I digress ... ). The point is that Lululemon doesn't pass Ba\ Street muster and every law student knows this. So even though we all own something from Lululemon, it belongs squarely to the species of gwJty pleasures that are best enjoyed in the pnvacy of
25
nonymous
PRAGMATISM cont. from p 25
Waiting on pragmatism CHATORTVED
0PI~IO\I~ \"!D EDITORIALS
L\~ L \RY 16, 2007
This Month's Topic: Assorted Flavours You know, a month of vacation is a long time to get pissed People who get way too drunk lt I \\ Games, and then tell off, over a vanety of things. It is also a long time to not think other pL'ople that they lo\'e them. !)hut the f*** up, 1 know about writing anything, and instead immerse myself into an you don't love me. alcohol-induced haze for two weeks. '\;ot like 1 did that- I A bookstore that is really not a store at all, but more a hole didn't. That would be bad for me, and h1ghly suspicious. in the wall in the dungeon-like area of a building which there Anyway, back to me being p1ssed off. \'(hat I was saying is is a good chance will collapse at aO\' moment. that since 1t 1s so hard to narrow Mother Nature - that bitch won't down a month's worth of rants deliver on the snow. \X'e just get rain into one single, s1mplc topic, I and cold. Bitch. decided I would run off a whole list of things that reall} annoy 80 pages the first day of class. the sh*t out of me. Some arc Yeah Alaric, I'm talking about you. school related, some are not. The feeling you feel waking up after I lope fully we will agree on some a night of getting wav too drunk and of them. Hopefully, some of meeting somc.;one who you arc not them will offend you. And hope· really attracted to, but continue to fully, all of them will make us ............ talk to anywa) cause you think you laugh, and then sing from the - ,. 'j'>"'' . J • have a chance, and then realizing you mountamtops With a family /') do have a chance, so you decide to band. (\Xell, maybe not that last make a move and subsequently take ~ ----------------~· part - that could be awkward. them home but realize the mistake But you get the picture.) So here you have made, vet continue to go we go: ahead with the already .terrible plan, alo~g with the subsequent torturously awkward three days of seeing that same New Year's Eve -what the f*** is the big deal? It is one person, and inevitable, equally terrible conversation consistrught, and they think 1 am going to spend 100 dollars on a ing of "!ley, so yeah, how are you? Yeah ....that's great ... " ticket to some fi''''*ing party with people I don't even want to see? Sure, buddy. And then the cabs want to charge me extra Course waiting lists. Just tell me already. to ~et home 'cause its New Year's? Listen man - take the Writing UV articles the day l get back from vacati()n. f***ing money that the meter a!'tks for and take me home. Thanks , tc\·e.
.AANjt~:)~j-~
, \ ss.
one's own home, kind of like being a secret fan of the Gilmore Girls. 2 S(.minallegal texts. The short term loan desk, or more specifically the books being held hostage there, is a legitimate reason for law students to study in the library. Referred to simply by their author, these books are, quite frankly, the only reason I passed many (most?) of my courses last year. "Can I have volume two of llogg, please?" "You have three hours." "Tell you what, I 'II bring it back 10 s1x once I figure out what the f***k is going on with the modern trade and commerce power." Clearly, somebody in the library not makmg frequent reference to llogg or Waddams or Kindred is more likely than not an undergraduate. Perhaps he's majoring in kinesiology or contemporary philosophy. I don't actually care how he wastes his time. 3. Celebnt) blogs. These days it seems like every student has a laptop, with wireless access, of course. As a result, the absence of one is insufficient by itself to give away an undergraduate trying to fly under the radar. However, as c\·erybody knows how valuable a law student's time 1s, the use being made of the laptop should, at least in theory, be definitive. Surely - surely! -writing case summaries
is a better usc of one's time than reading cclebrit)• blohrs or updating faccbook pro· files or instant messaging. Surely nnybody in the librarr caught doing one of these things when they're supposedly :.tud}in~ is not a Ia\\. student at the best law school in Canada. Surely ...
undergraduates. They're either far more respectful in general or else somehow intimidated by the law hbrary. E1ther way, their innocence just stokes the embers of m\ conceit and I laugh inwardly at them. !)tupid undcr!-;rads, you're so sweet and unspoiled. '\.ow get out of my library.
4. Sleeping/Food. Law school changes people and, no, not for the better. Beyond the professional arrogance and ruthless competitiveness, there's my pe~ sonal favourite: the unrepentant scns<.. of
5. Boyfriend/girlfriend. This one is tricky and relates to the real purpose for being in the library. On the one hand, maybe you're there because the temptation of a warm bed at home is too much for your already corrupt soul to endure. Or maybe law school has just become your e\'crything to the pomt that is it simply inconceivable to be anywhere else. These arc both perfectly valid reasons for law students to be there. On the other hand, maybe you're an undergraduate, your grades don't mean shit, and going to the library is just an excuse to throw on matching shirts and make out with your boyfriend/girlfriend. Get your damn hand back on the table where I can sec it. I'm serious. You might also think about shaving off that disgusting beard because you're not fooling anybody.
GET YOUR Dr\.\f""' Hc\ND
o;:-.. Till· WHERE I C ·\~ Sl BACK
fr\BLE I IT.
I'M
SERIOLS.
entitlement. Why shouldn't I be able to do whatever whenever. I've paid my dues. I deserve it. When I'm 10 the library and I get tired I'll sleep, and when I get hungry I'll eat, and when I get a phone call I'll take it right there. This kind of selfish behaviour is largely unknown to
Actually, I think the best way to spot an undergraduate is to just look into their eyes. They give everything away.
DI\ 1 R~ l O'\~
27
Television:
Returning shows heat up January jo.\S'\ \ Gmni-.SBl·.RG
Movie Review:
'Little Children' not suitable for children S:\YRA:\' SLL.EVA:-.il
.Ah the joys of childhood. It was a time when umcorns still roamed the earth, when Strawberry Shortcake and the Smurfs were at the top of the agenda, and armpit farts were a fun form of play. 0 the anxiety and medicated depression of adulthood. Unicorns are near extinction, but, according to my research, which included watching the French version of March of the Peng11ins, which featured \\."a)" more penguin sex than the Amencan version, and doing a unicorn colouring book with my young sister, I'm pretty sure there are a couple left, frolicking with the baby Jesus on the receding polar ice caps. Armpit farts, on the other hand, continue to be a cheap source of amusement. As Littk Children unfolded,
however, I realized that this film wasn't of qwrky and interesting characabout ch1ldren at all. The plot of the film ters. This is a woman whose jib I like the actually relied on the innocence of the cut of. Sarah (Winslet) is short, over-edchildren to allow the adults in the film to ucated and unhappy. Married with a do their dirt)' dirt)' deeds. I'm on to you, daughter that frustrates her, but for whom she refuses to hire help, Sarah title. On to you like the wind. spends her days at the local playground, with the other stay at home moms. But she doesn't quite fit in. Enter Brad (Patrick Wilson). Brad is a tall, handsome I'M ON TO YOU, T ITLE. ON TO drink of water with a young son, who is YOU LIKE THE WIND. a regular at the park. Brad is dumb and beautiful. Later, we see his ass. In fact, we see a good amount of T&A, which was a welcome change from some of the long, The matn character in the filin is unnecessary scenes in the film. Patrick Wilson is enjoyable to watch, played by Kate Winslet. This is an actress who has been known to wax her hus- as Brad, the lawyer who can't manage to band's back. She has a curvy, womanly pass the bar. Rather than spending his body. And in films, she has played a series evenings studying, he chooses procrasti-
nation, reliving his youth, and outright debauchery. Although I understand his procrastination, and support his debauchery, he is flat, and unsympathetic and consequently, not a believable character. The lV'onder Years-style narrator used in the fUm adds dry humour to the script, although he is inexplicably silenced in the middle of the movie. Although I liked this film for its quirky and interesting characters, it was too long for what it was worth. There was a whole thriller side-plot about a local perv which didn't fit the flow of the film and the overall theme was unclear. The ft..lm seemed to want to be intelligent and send mixed messages, but I think it got confused in the process.
A Good place to be. Good mans is a different kind of law firm, rich in culture with a deep commitment to quality and client service. It is a place of good humour and good will with an uncompromising reputation for top-notch legal work. Talk to the people who work here you'll come to understand why Goodmans took the honours for being the top-rated firm in Canada three years in a row, according to the Canadian Lawyer law firm associates' survey. For more information on our Student Programs visit us at www.goodmans.ca or contact Chantelle Courtney at 416.597.4202 or ccourtney@goodmans.ca.
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I don't remember January meaning new shows or the start of seasons when I was younger (but then again, I wasn't really allowed to watch TV). Or, if there were, they weren't qualit), but second string shows filJjng in where there were holes in the schedule due to cancellations. But lately, it seems like more and more networks are hopping on the bandwagon of making a deliberate choice to go for quality in January. Whate\'er the reason, \Vhether it's so there are less gaps in the season, because reality shooting schedules allow and demand different timelines, or because they're following the lead of the specialty networks (Show ttme, HBO, F /X), it helps to liven up the otherwise dull start of the year.
The Apprentice This season, they went for some t\'-·ists on the theme. For one thing, the show will be in LA, wh1ch should make it ... sunnier? I'm not exactly sure what's that is supposed to do, actually. Thcy\·c also set it up so the winning team gets to live tn luxurious accommodations, but the members of the losing one have to ~:amp out in the backyard. \X'h1le this seems more than a little silly, it could proVIde som e a1n u s 1n~ n loJncnts as :;on1e of the no doubt pnssier players struggle with the oh-so-harsh rigours of camping in an upscale backrard m·erlooking I..A. It also brings a little bit of Sun·it•or into the show, as the last finale promised that their next season (set in Fiji; coming in February) would also divide the tribes into haves and have nots, with one tribe
living luxuriously and the others abandoned with nothing. For The Apprmlite, ho\Vcvcr, it seems like an unnecessary distraction from the main concept. The change that seems like it could really pro· vide some moments of interest is the fact that (thanks to the loss of former sidekicks George and Caroline - loyalty thy name ts not Trump) the Project ~tanager of the winning team gets to sit in and help make the decision about who should be fired. 1\s has already been discovered on the shO\\~ this puts them in the awkward position of trying to help Trump figure out who the weakest link is, even though it would be in their interest to keep that person around. And, gJvcn how temperamental and "shocking" Trump is in the Boardroom, I ha\'c a feeling this season we could sec him turn and fire the person siwng next to him. A lot of these changes may be an attempt to liven up the show, but it seems like it might not be paying off -- ratings for the premieres were the lowest c\·er for Tht Apprmtice. That'll teach Trump not to tick off Ros1e O'Donnell.
American Idol One of very few shows that 1 can watch without getting passionately committed to. It's good fille r for when w hatever I'm really watc hing is on a commercial break-- it's enjoyable enough to tunc to for a few mmutes of singing (or a few seconds if it's one of the poor people the} only show to embarrass). Unlike The Apprentice, they seem to be sticking with the tried and true format, which means we'll probably see a whole lot more of the same. Maybe this will be the season that they decide to focus on talent rather than humiliation in the preliminary rounds. Maybe this wtll be the season that they deviate from the songbook of the overplayed and a few of the contestants will have the guts to smg something little known that they really happen to love. Maybe this will be the season that Paula retires the seal clap and choose to give some helpful critiques... or at least comments that make sense. If they take care of those things and get back to me, maybe I'll consider watching more rehrularly.
24 While the return of those doesn't really rock my world, what docs is the return of Jack Bauer on 24. It has problematic politics (apparently, torture 1s always the answer), annoying characters (and wildcats), and the plot-hidinga-plot-hiding-a-plot device that has been used to keep the suspense up through the whole day gets repeciti\·e and annoying. And yet? I'm addicted. It's in part to do with Kiefer Sutherland as Jack, a man who apparently won the Tour de France
on a unicycle just to prove to Lance Armstrong that it wasn't that b1g a dt.-al. It's in part due to the compelling characters on the show, like Chloe, the computer hotshot who recently proved she could wield a weapon with the best of them. It's also because of the fact that, even when I !Jkc the characters, I watch in fear because l know there's a chance that they could be killed on the show. Even Jack. Although he doesn't let that
keep him down for long. The pre\"lC\I:S for the new season get my heart pounding and my blood racing, and I can't wait to sec what he'$ going to be thrown into, and how exactly he's going to kick trouble's ass. Just remember: if you wake up in the morning, it's because Jack Bauer spared your life. And he might not be inclint.'<i to do so if you don't watch.
On Ugly Betty of their show by hiring a lead actor who must be uglified before she becomes Allow me to preface this commcn· the character in gucstion. I assume that tal) by staung that I have nc\·er seen the being ugly docs not mhibit your abilit)• show which l will now attempt to dis· to act; and that some actors might even cuss. I have seen commercials and vis· be considered ugly (Ros1c O'Donnell itcd abc.com, which I believe will be was an actress once, nght?). So why not sufficient for me to judge this new "hit" hire an ugly person? I suppose It would hurt that woman's feelings to be conshow. stantly referred to as ugly. But it seems U..e!J Bet!fs titular character is played like Ugly Betty would rather have their by America Ferrera, who I remember as the girl who magically fit into the same audience fall for a beautiful girl pla)ing pair of traveling blue jeans as three an ugly girl rather than making a real super skinny actresses. Since Betty is leap and asking the audience to love an ugly girl playmg an ugly supposed to be ugly, gu\. the makeup departL.\r-;CL P.\TO:-.:
m ent outfi ts Ferrera
.'\ :oncthcless, this show
with braces, big glasses, D ! .SPITE T/ II ~SI: SUPER- 1s succecdmg wildly; being one of the top 25 a reject's . wardrobe, I-ICI \L PROBLI MS, shows almost every week and, most importantly, vcrr bushy eyebrows. It BETIY WINS OVI~R HI·R -the top-rated new show of the season. Is it the is well known that CO-WORJ.-.1 RS \NO creation of this 'ugly' bushy eyebrows, G \INS main character that led to though an apparent ACCPPT\1\.CI~ \1\.,D such fantastic ratings? I sign of virilit)·, are ugly. Of course, glasses PROB.\BLY LOVi l ROM suppose one of the tenequal "four Eyes" and SOMI .0!'-.L (AT LP AST dencies is to pcrcch·e Bctt)' as more real than braces cgual "Railroad TH \T IS \\ H ·\ T I I~fAC,her prettier counterparts. Pace." And Ugl} Bctt)' INh Tl II~ SIIO\V IS J\s such, if one popular is supposed to work. tn trend were to blame for some sort of fashion ABOuT). (or to be cred1ted with) job, so I suppose her Ugly Betty's existence, it terrible attire is inwould be Rcaluy TV Retended to isolate Betty further from the 'norm' and make her ality television made stars of people an immediate subject of ridicule. De· who as a group arc not as typically spite these superficial problems, Betty beautiful as your typical television k·ad wins o\·er her co-workers and gains ac- actor or actress. That is not to say that ceptance and probably love from some- reality television has been dcvotd of soone (at least that JS what I imagine this called beaut)'· But more often than not, show is about). Some nonsense about in reality television, beauty is not the detrue beauty being on the inside is likely terminative factor of who prevails. Perhaps that is what allows Ugly Betty and another theme this show trots out. l\ow, if any of you have ever looked reality television to flourish- the ability at p1cturcs of \mcrica Ferrera without of the alleged underdog, the normal the Betty garb, you will quickly realize person, and the genetically ungifted she 1s not terribly ugly. J lowevcr, she is person to ~ucceed, enter the spotlight, apparently perfect for this ugly role. I :md become the belle of the ball. think she might be nominated for a Golden Globe, and might have already won some other aw·ards. I fail to understand why the creators of the show felt the need to undermine the basic point
,
l \"I'< l ARY 16, 2007
29
Dave's Diversions: Law and (Chick) Literature 0~\ I·
Prayer for our library D.\NIE!. STJ:Rt-:
b.:ams arrive and Wlth them stress, isquiet, fear, and some duress. In Bora's still and quiet air lne palpable sense of despa1r oth permeate each desk and chair 1\.nd so I say a little prayer: gods of law school, thee I praise,
I ask you not for only As, h1t just a wee request or two (>
help me out, to get me through.
ring me lulu lemoned snails :\' hose tightass sweatpants match thei
ails, X'ho gab and yak on telephone, \nd act as though they were alone.
X'hy think of the community? ust act with brash impunity. 'o I can stare; so I can gawk,
d bring me each and every Ugg, ~or
I am haughty, proud and smug.
I will not cease to patromze
nd cast \\'ith high and mighty eyes
1won't adapt; 1 won't make nice.
our
uc ess
starts s
i hour d
nts
X/ith each and every ringmg cell, Please, law school gods, damn them tt
ell. But if you'll not fultill this prayer,
I still have one more plan to share: X/hen l::twbucks isn't open late, But we've got late night thirsts to sate, If you'll not damn these snails to hell, Instead perhaps, just have them sell
Us coffee hot and cookies sweet? \ welcome cup and bite to cat.
www.fmc-law.com/careers
For if these snails love Bora so J'hen have them do their part and sho\\ \ love of law, simpliciter: arista and solicitor. gods of law school, thee I praise,
I ask you not for only As. ust get me through, with me abide Let me commit not homicide. De minimis non curatis thee, But give me quiet; let me be. Let me consider Borstal Boys
FRASER MILNER CASGRAIN LLP
X11hout dtstracting din and noise. o give us silence, peace, and then let us say Amen. Amen!
MONTRtAL. OTTAWA· TORONTO· EDMONTON • CALGARY • VANCOUVER· NEW YORK
.~
St
I ARAT~ .\~1
If there's a common thread connecting law students, it's probably a love of rt.':lding. It's definitely not a love of the law; I know too many law srudents who hate almost eycrything about the field. But we all se<.m to, at least grudgingly, admire words on a page that try to tell us something. Look, you arc reading the~e words right now and proving my point Some of you tend to go for mindless fluff ltke this. Others read the Nro• York Ti11m and the Globe and Moil, or scholarly journals, for reasons that arguably go beyond selfimportant posruring in the Rowell Room. Sull others spent their winter breaks polIshing off impressive tomes such as tr'flr and Peace or U(yssts. Like members of this last group (from which 1 will soon distinguish myself), I loves me my fiction. I often think back to my first day of law school when Professor Austin told an incredulous batch of newbies that not only was it possible to read for fun in law school, but that doing so would help us to be wellrounded. \Vh1ch, of course, is a sure-fire way to snag an uber- prestigious job. Mayo and her minions even try to incorporate fiction into our legal education with a course in Law and Literature. 1 toyetl with the idea of taking the class, especially when I was assigned to work on its content as a summer RA. I quickly found out a few things. For one, the course description used the word "hermeneutic." Another the law and literature section of the library catalogue includes the page-turner "The Jurisprudence of ]ant F.J~re." And secondary writings in the field often made reference to the likes of the Bible and Great Expectations. Coincidentally, I had started reading Great Expectations earlier in the summer. It took me five months to finish. I have only read chunks of the Bible, mostlv having had its contents interpreted for me through instructional comics (second Catholic school shoutout of the year!) I've come to know of Jane Eye but will die happily if I learn nothing of her effect on legal doctrine. By the time I had willed myself to the end of Expectations, the Law and Literature course was chugging along without me. 1 concluded that the dominant substance of this supposedly cutting-edge field was as staid and orthodox as that of property or contracts law. \'fhether or not you think this is a fair analysts of Law and Jjteraturc, please indulge me as I suggest a neglected genre that offers several illuminating intersections with the la\\: That genre is Chick Lit. This realization came to me after speeding my way through three quality novels in the two-week period known as December exams. I started off with So-
phic Kinsella's Tbt Undomeslit Coddm. Kinsella is better known fur her .\'bopaholif books, but the belea!,>uered law :.tudent \\ill more readily identify with heroine ~amantha, a young associate at a nameless, faceless law firm who forgot to register a charge for a cltent bank (perfect Bus. Org. review!). She is subsequently fired and "accidentally" becomes a housekeeper. ~amantha finds herself happier scrubbtng toilets and romping in the backyard with the dishy gardener than she ever was drafting research memos. The lesson? Choose law as a career only if you have an aversion to romance, joie de vine, and general personal contentment. J'.;eedless to sa}, that one didn't leave me m the most posttive frame of mind for the m1ddle of exams, so I followed It up with two books by Emil} Giffin, fome· tbit~~ Borr01nd and S'omtlbm._P, Blue. The pn mary legal connection here is that G1ffin was herself an associate at a b1g New York City law firm before decidtng to take a year off to try thmgs out as a novelist. The rest IS ~ew )ork Times Bestselling history. Yet another ringing endorsement for legal practice. As for G1ffin's novels themselves, Somelbin._~ Borrowed is about every girl Rachel, a lawyer who steals the fiance (D ex) of her vindictive and spoi\ed be!'.t Friend, Darcy. The reader rallies behind the winsome homewrecker after learning how she Js first dazzled by Dex tn Torts class, when he goes head-to head with the professor m a discussiOn of Polsf!.raf t'. LOll/!, Island Roilrood Co. ·Swoon* The take-away message here IS that a love born from the srudy of law cannot to be held back by conventional morality. Some-
2006 Sports Recaps '\JFIL SH.\PIRO
The arrival of 2007 brings with it an exciting new year in the world of sportS. \X'h1ch teams will end up on top? \\hich teams players will excel and which will pull a Tony Romo? In order to move forward and get ready for this new year, let us first look back and reflect on the year in sports that was 2006.
National Hockey League: The year 2006 marked the first full year to the era of the ":\ew Nf IL". The first ma1or news came tn february from Turin, where the Olympic gold medal was captured by Sweden in the finals over Finland. These Games were a true disappointment for Team Canada, who
<>nmeth1ng
SOPHIE KINSELLA
ttorrO"t:d
\ f! I I 10
Captions arc cool. tbi11g Blnt recounts the same events from the perspective of Darcy. In it, we learn that Rachel has left her empty, stressful private firm job (knots in stomach again) to work at a legal clinic. Believe it or not, I picked these three novels at random. There is yet another legal connection in Helen fielding's BridJ!,fl jones~ Drory, the Anno Karmina of Ch1ck La. Who can forget the gallant Mark Dare}, Bridget's Prince Charming, a noble. barrister who saves clients from deportation to torture? I can envision a whole course on Mr. Darcy and section 7. Even if I end up bombing those first term exams afte,r my Chick Lit extravaganza, I learned so much more about myself as a law student and lawyer-to-be, and about the trappings of the legal wor\d, than l cou\d have by reviewing cla.o;s notes more dosdJ: W'hat arc.· my recommendations for possible further trashy Law and Literarure connections? Start off with a retrospective doubleheader: the Hardy Boys for its Evidence law lessons, and Babysttter's Club collection, for its insights into Children and the
Law. llappy reading!
never managed to get on track and who \vas almost overshadowed by the gambling controversy that surrounded the team's GM \X'ayne Grctzky. The 2006 playoffs were both exciting and unpredictable, with the Edmonton Oilers pushing the finals to seven games, before ultimately losing the Cup to the Carolina llurricanes. The 2006-2007 season kicked off 1n October and has been characterized by the continuing emergence of young superstars like Crosby, Ovechkin, the Staals and others. I leading into 2007, ffi} ~lontreal Canadicns look like Canada's best bet to make an impact in the playoffs, while Buffalo and Anaheim arc clearly the best warns in the league.
National Football League: Superbowl 40 was ""'~•u•ou in late January 2006, wtth the Pmsrgh Sreders dcfcatng th<. Seattle
SPORTS continued on pg. 30
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DIVERSI<)~S
31
Ultra News Jew , .Muslims offended by weak "Trailblazer" Stereotypes MAl COlM KA'r/.
Last year's "Trmlblazer" exhibit, showpioneering female U of T Faculty of Law graduate~, continues to gcnemtc controversy among the faculty's Jewish and i\tuslim alumni, "The photographs in the exhibit prominently feature gratu · itous ethnic and social stereotypes," said Rachel Goldstein ('86), a Jew. "The Alxl· riginal Trailblazer is posed in a trnditional fringed leather jacket and bare feet. The le~btan Trailblazer is in a leather motorcycle jacket in front of a bike, e\'en though she apparently has never owned one in her life. \'\'hat really burns me is the 1\sian Trailblazer shown eating noodles. 1 mean, come on. The emir thing better would be if they had her chomping on seaweed \\.'ith buck teeth while doing math in front of a car wreck. 1\nd what do we get? Lorraine \X'einrib? Please. She is not e\·en close to being hunched or scheming-to-control-theworld enough. I don't understand it. It's not like we don't have great racial ~tereo types. \\'e have centuries of them! It was like the administration didn't e\en try. I mean, they didn't even pose her in front of bags of money!" ~luslim alumnt were equally offenJed. "The community is outrageJ!"said one Musltm alumnus, w h o wished to remain anonym()US. "\\'c ca~ing
SPORTS continued from pg. 29 nddled wtth mtstakes. The game marked the end of the career of the Bus Qerome Bettis) as well as the beginning of the end of Bill Cowher's reign in Pittsburgh. The 2006 season began in Sep tember and was followed by seventeen weeks of outstanding regular season football. The season was marked by the rise and dominance of several teams that failed to e\ en qualify for last year's post ·season: the San D tego Chargers and the NFL MVP Ladaman Tomlinson, the Baltl·· more Ra\·ens and their dominant defense, the '\Je\\. York football Jets and their coach I .nc Mangenius and most notably the 'ew Orleans Samts, who went 3-13 last year in the wake of Hurricane Katrina, but who under coach Scan Payton and with the arrival of Drew Brees, Reggie Bush and Marques Colston have emerged as a real Superbowl threat. On the other hand, while some things changed others remained very much the same; over fifty NfL players were arrested in 2006 and Terrell Owens still remains a complete piece of sh*t.
Major League Baseball: ®
.Major League Baseball entered
2006 under enormous scrutiny as a result of the steroid scandal that was brought out by Congress. The League introduced a stricter steroid testing policy and increased the penalty for those found to have been in violation of the league's policy. ~o notable players were caught using sterotds. The 2006 season brought with it the interesting story of the Detroit Tigers, who only 2 years earlier had lost the most games in MLB history. The Tigers were the most consistent team all season, and continued their success in the playoffs, knocking off the Yankees and the Ns before ultimately falling at the hands of the St. Louis Cardinals and the best hitter in baseball Albert Pujols. The 2006 winter meetings pro\ided minimal excitement, \\·ith many half-assed players receh·ing ridiculous contracts (ie. Ted Lilly making over $10 million a year).
National Basketball Association: The year 2006 could be called a black-eye on the face of the ~BA. \X'hile the year should be remembered for the continued emergence of young stars such as Lebron who led his Cavs deep into the playoffs, Carmcllo, Chris Bosh, Chris Paul and obviously Dwayne \X'ade, who along with Shaq, helped the :\liami Heat cap-
ture the title, it will certainly be remembered for the violence that ensued. The first episode came in Detroit, where the Dctrott Pistons and the Indiana Pacers engaged in one of the worst brawls in t\BA history. This "Malice at the Palace" will be remembered not so much for the altercations by the players, but rather for the altercations between the Pacers players and the D etroit fan's. T he image of Steven Jackson and player/"rap superstar" Ron Artest charging into the stands and attacking random fans can never be erased. Jackson was suspended for 30 games while r\rtest was suspended for the entire season. In late November of 2006 another brawl took place, this one between the New York Knicks and the Denver '\uggets. \X'hat I'll remember most about this episode was the bitchslap/sucker-punch thrown by Carmello Anthony and the ranting of krucks coach Isiah Thomas.
Miscellaneous: The 2006 PGA Tour was once again domi· nated by one Tiger Eldridge Woods, who won 9 times in 14 starts, including 2 majors and six tournaments in a row to finish the season. Howc\·er, there is good news for the rest of the field in 2007 in their pursuit of the new
FedEx Cup; Tiger's wife Elin is pregnant, which means Tiger won't likely be playing a full schedule. Lorena Ochoa emerged as the new leader of the LPGA, though she \\.ill have to contend with rising stars such as Morgan Pressel, Paula Cramer, Natalie Gublis and one Michelle \X'te. Roger Federer continued to dominate the men's tennis circuit, even if no seems to notice. Federer continues to be the most dominant athlete in his sport and eventually he wt!J get his due. Though he failed in his bid to capture the point race on the Fl circuit, ~1tchacl Schumacher retired as the most successful driver in rt history. Vince Young Jed his undefeated Texas Longhorns to the Nauonal Championship in college football 10 a victory over esc 10 one of the most exciting bowl games ever. The Florida Gators (who just captured the 2007 College Football 'Ja tiona! Champt onship) won the '\C \A men's basketball tournament.
sen cd as they attend the Ronald MacDonald Centre for Kid Who Can't Do 1 w Good. The butldmg of cour e 1 named after former Dean Ronald amt John i\lacDonald and comctdentall) provides a great opportunitr for the fast food francluse to get on board a well. As part of the agreement to rename the law ~chool, .\kDunald's Canada is offering at least 20,000 !lapp}' Meals and 10,000 "2 can dine" coupons for each of the next 15 years. The new building will feature its very own i\lcDonald's ktosk. Dean Moran, as part of the deal has also promi ed to revamp her muffin madnc s into Moran's i\lcChicken Mayhem. According to the filet o' fish loving ~1oran, "it's a tribute to a great (former) Dean and excellent fast food sen ed quickly; together this c.Jeal :tllo~·s us to Super-Size your legal education as you pass through the golden arches to law and learn new legal f\[c\ nuvgets."
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Ultra News Not Funny Anymore L I IR ~
VIRL.~ STAll·
\X'hile Ia\\' students and faculty don't agree on much, it seems they ha\'c concurred on one critical matter -- Ultra 0:cws ain't funny anymore. Said James (2L), "It sucks more than a busted library chair. But 1 can't look away: it's like watching a Padel debate. Said Dean Moran, "\\'e're stumped. \\'c don't know what to do." Students suggested forming a committee to study the problem, but the Dean refused, citing personnel issues. knm\· it m ight have been a l>it mucl! to 'or helping matters is U\' sr:tf( wllo ask for a Muslim Trailblazer in a full r(maJncd committed to their appalling C)sam a beard, gi\'en that the award \\1lS unfunniness: "\Xc suck, and we know we meant for women, but surely they could suck and - mark my words- this semester have found one female alumnus with at we arc going to make it our goal to suck least a little facial hair. \\'e will not stand as much a~ can possibly be sucked." said for our stereotypes being ignored!" U\' Editor Stephen Birman. Convocation on Wed nesday, to Administration's Relief D. WE SH\'1\Rt\TNAM
'To the third year class, facultr and staff, I am thnlled to announce the date for the law school com·ocation will he on \\'cdnesday, June 13, 2007," Bonnie Goldberg wrote in the first edition of J leadnotes for the new year. Goldhcrg innially feared that the con\'C>Cation would be scheduled on pretentious Tues day, June 12 or flat-out lame Thursday, June 14. "With some well-placed phone calls and sincere campaigning, we were able to a\'oid the embarrassment of a Tuesday or Thursda) convocation" said Goldberg. "J lump day is the most sought after day of the week fi>r all comocations -for oh\·ious reasons," she explained. ''It shows this law school's continued commitment to e.xcellence that we were able to secure convocation on the most excellent day of the week." New L aw School Nam ed ST:.PI!E..'\; BIR~L\N
OGilVY RENAUlT UI/UH.C.JU..•'l
School administrators haYe finally stumbled upon a name for the building that satisfies both its academic and commercial requirements. Starting in 2009, students will join the millions already
I:.ditors Note: Jtop the madnm! J'md rn Ultra ultra.tireJ({!)utoronlo.ra, the J best subn1issions in Febntary and Marrh m/1 rertit~t prizes ... and that's nojoke.
1\'rii'J rntries to
Briefly Noted Dean Moran: "Tell them to CJther be qwet or qutt.'' Third-year invites )OU to adverscl) sess hts pants.
pos~
Student suffers post partum depression follo\'<1ng J.abour exam. Sossin found, north of 401, confused and disoriented.
11. c.Jtscovers land of ~onders be}ond staircase in l·alconer. 2L peppers convcrsauon \\ tth L:ttin, impresses no <>nc. Admtmstrauon to announce wmncr of Mcrril Boden 2006 Paper SubmissiOn Dcadlme Raffle shortly.
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Good students rewarded wnh B's, bad students punished with same. 1Ls resolve to do ' 'much better" Apnl.
tn
Grade release date designed to pro\ tde optimal time period for student selfdelusion.
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32
0 IVERS10, S
UcrRA VIRES
W.F. Walking's Life Advice for Young Men sparkling \\ine, preferably champagne, chilling in the refrigerator and a borde of Throughout a )Oung man's life here- ,·odkn tn the icebox. J\ good choice for ceh es advice from a number of quarters. champagnt· is Perrier Jouet Grand Brut Ha\1ng lh ed a life rather different than (LCBO $59.95). For those who dislike most, one suspect:; that the ad\·ice one champagne, Bellini, a sparkling mixed has rcce1\·cd, and made good usc of, is drink from Italy (LCBO $12.95) is a derntht·r d1fferent as well. J\ s such is the cent substitute popular with women. The ca~c. and as one thinks that it might be vodka one has in one's icebox ought to useful to others to hear these things, the be a premium brand, capable of being author prm•Jdcs this ad\'ice free of ~ervcd neat. charge. The author wishes to add how4. When im·iting gue~ts to one's home, e\·er that should this ad\-:ice be found par- one must aJways ha\·e some sort of alcoticularly useful, a small token of hol other than vodka or champagne to appn.:cJatton would be very much appre- serve them. ciated. Said token can be left within the 5. One may serve Canadian Club, hollo\\ of Bora's head for the author to Johnny Walker Red/Black to one's accollect at his leisure. quaintances, but never to one's friends. 6. Tequila shots are for vacations in 1. When one invites a woman back to MeXJco, sororit) girls and nineteen-year one's home for tea, one must be prepared old boys who go to the Madison. to do more than simply drink tea - one 7. One ought to know how to make a must be prepared to serve biscuits as good Bloody Mary. The author's recipe well. is available upon request. Leave said re2. '\e\'erthcless, should o ne invite a quest in the hollow of Bora's Head With lad) to one's house for any kind of bev- a stamped, self-addressed envelope and erage, one must be in a position to pro- five dollars. vide that beverage to the lady on the off 8. Gm is for alcoholics, soccer hoolichance that she does in fact want the gans and the Bntish. beverage for which she '\vas invited to 9. '\.e'\er fake a British accent when one's home. meeong new people unless you are pre3. One always ought to have a bottle of pared to continue faking said accent in-
The first of three installments
1
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clefinitcly or fare the ridicule of your peers. 10. Collecting rare books when one knows nothing about rare books is a costly and pointless endeavor. II . ( )nly admit to reading poetry after the thm1 date, never before. 12. ~ever admit to writing poetry until one has been marned for se,·eral years, and even then tread softly. 13. One's socks tell more about that person than his shoes. 14. Ne\'Cr admit to having watched Star Trek, re'ld Star Trek books, attended Star
Trek com·entions, owned Star Trek merchandise, dressed as a Star Trek character for f lalloween or otherwise, or to having played any kind of role-playing game whatsoever. I 5. One's LS \T score should not be used as a p1ck up hne, placed on one's resume, or d1scusscd with anyone other than admissions officers to law school~. Discussing LSAT scores with others is like bragging to people about the size o f your pems.
If so, you should probably definitely come to our meeting, Wedenesday January 17th at 12:10 in FLB. Reasons for attending said meeting include: (1) free food! (2) Assorted awesomeness. (3) Opportunities to merge your awesomeness with the school paper. And who doesn't enjoy some good merging?