Ultra Vires Vol 8 Issue 6: 2007 March

VOLUME 8 ISSUE 6

MARCH

WWW.ULTRAVIRES.CA

20, 2007

Securities Moot Team (left to right): \fark Myhre (2L), Chris Burr (3L), 1\ndrcw Parley (2L), and Adam H1rsch (3L). Full story, pg. 4.

Chris Graham (3L), Brian Duong

Tuition is going up again: Yay! S I \F. \Vi-RJbR For the second year in a row, tuioon at the Faculty of Law will rise by 8 percent for incomtng students. But unlike last year, there will be no broadly issued 4 percent rebate.

The raises arc pursuant to the Dean's pre,路iously announced plan o f annual tu路 ition hikes, which were implemented last

year after Ontario's Education :\.!inister creases will have on prospective students.

Chris Bentley lifted the province's rwo- The Dean suggests that any risk of stuyear freeze on post-secondary tuition. dents deciding against attending V of T Pursuant to the lift, the faculty is permit- on account of the rising tuition will be ted to raise tuition up to 8 percent annu- minimal becau.;e tuition, irrespective of ally for the entering class, and 4 percent the raise, pales in comparison to that at annually for upper year students. the top American schools, from which Both the Dean and SLS President k.tm the Faculty faces its "greatest recruitment Haviv downplayed the effect the in challenge." !!aviv believes that the raise is

not a surprise to students. She notes that "The coming tuttlon increase isn't really a decision that was made this year - it's been part of the Faculty's long term planning for some time. I think students came here knowing that tuition was high and likely rising."

Last year, citing the lateness of the gO\路ernment announcement, the Dean implemented two measures to accompany the raises: First, students in the 2006路07 incoming class who applied for

YAY' continued on pg. 5

YOURE ABOUT TO START YOUR

LAW CAREER LET'S TALK RETIREMENT. Consider Osler, Hoskin & Harrowt I.LP. We p1are a premium on ment~ ~ innovative ~ btmlie row a QR!fl" <Evek:p; ci!pends vay nu:h a1 lnv it ~

. ....... .. ..... .. .,

OSLER

:MARCH

20 2007

3

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Mary Misener demands an apology from Dean Moran )

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f!Jrff CV/ni~" .111fTnc:i§IT tit tJII litis is.fllt:S pttr.IS!il§ mat!m:J·

W'ell ir sure has been an interesting year at the Ultra only...

Vires \\'orld '\;ews Headquarters, also knO\vn as the To be fair to Dean Moran, this was her first year closer in the basement of Falconer. .\fake a right, as Dean; the nse from legal academic to lead adminwhere you would turn left to head to the bookstore, istrator (of a faculty with a multi-million dollar follow that mysterious smell of lefro,·er Indian food budget) was certain ro contain a speed-bump o r two. and sushi gone wrong, and you'll find us.

The D ean's g reatest challenge will continue to be creThis year we had some real personnel crises at the ating an environment where faculty and students feel lav.: school, from Judy Finlay's mysterious 'leave of free to openly debate the key issues. Whether its pcdabsence', to the mass exodus from DLS- which began with rumours of a termination and then evoh·ed ro voluntary resignations, a posstble 'constructive dismissal', and now posstbly a lawsuit or ARE STUDENTS I FWOCR OF \ two.

VERY 'UN-MODEST' 8% TUTION Other issues included the 'boat crwse brawl,' Financial .\id complamts, the Academtc Plan, concerns INCREASE OR DID SThDfNT \P·\THY about class sizes and emerging debates on pedagogy RE.\CH A HIGH POINT 1?:\. A YE.\R and curnculum change. The D ean remains focused \\'HEN THE SLS PRF.SlDh T \X'\S on a bu1\ding proiect that continues to fly under the t~uat ~., docs the Dean''> tccent tu\t\on announce-

ment which came and went with little student proresr. Are litudents in favour of a very 'un modest' 81% tuition increase or did student apathy reach a high point m a year when the SLS President was acclaimed and SLS towns halls were sparsely attended?

It was an odd academic year indeed. How ironic it was for a Jaw school, of all places, to find itself em broiled in personnel fights, with employees question ing management's judgment and expressing frustration over their inability to obtain meetings.

Strange to see employees filing grievances and allegtng legal wrongdoing against a group that is supposed to know the law all too well. If only this were some sort of new pedagogical experiment designed to show students labour law beyond the abstract ... if

ACC1.Al"'\F.D AND

S1 .S T( )\.'<. NS

\ l '\I 1.5

WERE SPARSELY ATJ'ENDED.?

agogy, curriculum, class sizes, tuition, financial aid or the host of other issues that a faculty such as ours faces, no decision can be made without collective input. This places mutual obligations on staff and students.

To the credit of the student body, the fight and commitment displayed over the unfortunate events at DLS demonstrated a commitment to the greater spirit of this institution and to the clinic's collective constituency. We applaud them. And yet, there rc-

mained many students who felt thetr voices went unheard and others who were afraid to express their opinions and thus avoided the debate entirely. It's a credit to their courage that students spoke up at the meetings, spoke to the student newspaper and continued to push the issue and to defend their vision of the clinic, even when the} thought nobody was listening. If you arc someone who continues to harbour concerns over the clinic, the financial aid program, the manner in which tuition increases are imposed, or have other pressing concerns, then we can only encourage you to write arttcles in U\~ attend town Hall Mcetmgs, and run for the SLS. I f you don't, who will?

As for our administrators, they continue to manage in an environment that is in recovery form the Dean Ron Daniels Era. The faculty divide that grew in the past may not ha\'c been helped by this year's personnel cr\~.(;;·-

'\.'(;c.; c.·c•n''''~nd fnc\.tlt) 1"1\cn-..llo""'""• cl,n.•

contmue to speak up for student interests on issues like class sizes, faculty salaries and tuition.

Dean Moran's greatest challenge over the remainder of her term will be to demonstrably prove to both students and faculty members that she is interested in these ideas and open to including the perspectives of all facult) members when making management decisions. This will not be an easy task in an administrative structure, where there are so many vo1ces and egos, but only one 'decider.'

So, it's another year in the books! That is, except for those of us who have yet to hit the books and now must start prepanng for April exams. Enjoy your summer, add your classmates on Pacebook, and please don't forget to share your summaries!

ULTRA VIRES Ultra Vires is the independent student newspaper of the Faculty of Law at the Universit} of Toronto.

Editor- in - chief Stephen Btrman News Editor Steven \X'ener Opinion and Editorial \leghan Riley Legal Issues Jonathan Song Features Jordan Nahm1as Diversions Dave Seevaratnam Production/Creative Directors Kate McGrann and Bntt Braaten Business Manager Josh Lavtne IT/Website Managers AustinActon and Sam Ault Copy Editors Andrea I lasenbank and Sharon Silbert First Year Content Maria Zeldis Games Mistress Stephanie Giannandrea Photographer Eric Lavers

Communications Centre, falconer Hall 84 Queens Park Crescent, Toronto ON MSS 2CS ultra.vires@utorontq.B .(~ J 61 946; 7p~4. ~ •••

Contrib11tors Saad Ahmad, David De Groot, Hilary Dudding, Jeremy Glick, Joanna Goldenberg, Mathew Goldstein, L·tura Hague, Kim Ha\·iv, Sajjad Hotiana, fern Karsh, Malcolm Katz, \li Khan Sundeqi, Lianne Krakauer, Shannon Leo, Tiffany ~1urra}, Lance Paton, Adam Shevell, Stephen Shore, Sayran Sulevaru, Ruthtc Wahl

. Ultra. I fires is an editorially autonomous newspaper. We are open to contributJo~s whtch reflect diverse points of view, and our contents necessarily reflect the v1cws of the Faculty of Law, the Students' Law Society (SLS), or the editorial board. We welcome contributions from students, faculty, and other interested persons. Ultra Virts reserves the right to edit contributions for length and content.

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

........ ,................. The next issue ......will be published in September, 2007.

It's been three months since Mary Mts cner left DLS after 12 years as a revtcw lawyer at the clinic, but she has not forgotten the events which led to her, Richard Litkowski and t\mtna Shtrazcc lea\ tog the clinic last semester. '1\o\\ ~fi!i­ ener is looking for an apolog) to clear her name.

In particular, Misener remains outraged by the public dissemination of a 'personnel letter' written to her last J\uh'ltSt by the clinic's Exccuti\·e Director Judith ~tcCormack. ~Iisencr blames Dean ~lam Moran and Associate Dean Lome Sossin for disseminating the letter at the December 5 DLS General \leering and she has asked Dean \loran to apologize.

"The memo stnkes out everything I did there for 12 years," says Misener. "The memo basically says you arc greedy, you are not collegial; it's insulting on so man) levels. It says I tried to get more mone) out of a povert} law clinic. I feel like they kicked me and they slandered me and thev should say the truth about me." \X'htle .Misener has moved on to new employment including two da}S a week at the Crown Attorney's Office and a new practice with for mer OLS co\league An1ina Sherazee,

~1iscncr

say:; the n1cn1o

continues to "permeate my whole life."

She relays a stoq from her daughter's vi olin concert in December when, a ver} happy event for her friends and family was disrupted by a lawyer from another legal clinic who came over and asked her what was going on at DLS. At her daughter's school she runs into a lawyer who is friends with one of the law school's administrators. "\X'hen I see her 1 think do you think I am having trouble on my home payments? Do you think I am self ish and greedy?"

Misener has contacted the Dean rc· questing an apology. "I told her that she

distributed a letter that she knew I took serious objection to and contained state· mcnts that were ,·cry offensive to me and that I had demanded the right to reply before dtstnbuung it." Thus far, .Misener says that Dean Moran has responded with a letter saymg that Misener had consented to dissemination of the letter.

1IO\\'e,·er, the memorandum represents the type of personnel information that law school's administration has been adamant about keeping away from the studc.:nts and the public. \hsc.ncr doesn't know what her next sttp will be if she doesn't receive an apol· ogy, but she isn't ruling out the possibility of a defamation actit>n against the law school. She has requested a tapt of the Decc.:mber 5 meeting where dtscussions were held regarding the memorandum.

She says the tape was made to resolve situaoons like this but she is now being told that no such tape exists. There is also a possibility that 'vllscner's colleague Sherazce is considenng legal acuon agatnst the law clinic. While Sherazee could not be reached for this story she has previously emphasized that she did not resign from the clinic and was in fact 'constructivc\y

d1smissed.'

!\.\i!'.cnet: '<a)'!'.

memory at all (at the law school); I have already seen the historical recreation (that) happens." \\ htlc students petitioned for one of their former review lawyers to take part in the clinic's re\ iew, onlv Lisa Cirillo v.:ho has recently retur~ed from a sabbatical was included in the Task Force's membership. "You would think they would ask me or maybe Amina as (Lis:t) was on leave through most of this and is Judith\ clmc friend.

I know Lisa doesn 'r sp<..-ak for the Ia\\') crs who were there through the breakdm\ n of the clinic," says :\liscner. Ch.:arl~ \Its cner bclie\·cs that Executive Dtrector McCormack should take blame for last the clinic's breakdown. But, "blame Judith? They didn't eYcn inquire ... this is

someone who is not e\·en allcl\\ed to be criticized," ~lisencr says.

In the end Misener is clearlr nearing the 14th stage of her DLS recovery program but it seems unlikely she wtll get there without an apologr from Dean :\loran. ~fisencr misses working at the legal clime; it's clear the work is in her blcK>d and it's a passion she shares with Sherazee. It's been a hard time for l\lisencr but she is willing to rake out some of the positives, "This has not been all bad for me; I've learned a lot different things. I am much stronger; l don't care as much (about) what people thmk about me, I used to be more of a worrier."

Year-end wrap-up with Dean Moran

that

Amina is missing the clinic and already asking about when they will be able co in elude summer students in their prtvatc practice. "Amina would still like to be at the clinic, she loves working with students and helping people with nowhere else to go (and) Arnina hasn't moved on.

She is worse than me; there are 14 stages • of DLS grief and I am further along the path," says l\1isener.

As for moving forward at DLS, \fis ener has no confidence in the Task force recently created to examine the clime.

She \vorries that all will soon be forgot· ten because "there is no instttuuonal

UV sal down u.ith Dean Moran as she completes herfirst academicyar as Dean. lf'e disCIIssed 11extyear's t11ition increase, the academicpkm, contentio11s perso11nel iss11u and tbe Deafl 's plans for nextyear.

UV: Can you give us the details re- beyond the 30 percent in the first year garding next year's tuition and how because one of the noteworthy aspects is that the burden is on the first )'OU appt:oachcd the dcc\.,\()n' DM: There will be an 8 percent (in- year (class). That's standard because crease) for the mcommg class and 4 some people sa} the first yea r class percent on the upper rears. That's can choose (whether to attend), but \\hat we did last year and that's what last year I consulted with SLS and we will do this year. Last year one of others and we did this twtlon rebate the things the government regulated for the first year class. This year I framework did was it eliminated the spoke to SLS and the Financial Aid mandatory amount set astdc for fi- Committee about what the best way nancial aid, but I thought we should to use that additional re-investment maintain that, obviously, and actually ~:as, and this year decided it would go put a little more money into financial into the general pot. aid (and) this year I did the same thing.

UV: Are rou concerned that some The one difference this year is that students will protest the necessity of last year we put the addittonal amount more tuition increases?

DM: Nobody likes increases in the cost of anything but I think people understand that if we are going tc> run a good institution then we need to get resources in.

International Advisory Committee Recommends "Thematic Term Away"

destgned to provide third year students with the opportunity to focus their The Faculty of Law International \dvistudy-abroad experience on a particular sory Committee released its Final Resubject area. port on ;\larch 14. Chaired The Committee's report

by Professor Karen Knop, outlined a number of key the Committee's mandate HIGHLIGHTS Il\CLliDED THE RC.QL IRI~MENT OF differences between the was to recommend to the CERTAIN CORE COURSES, THE INVOLVEMENT OF current exchange proDean a strategy for collabFACULTY, WHO WOULD PARTICIPATE II\ THE EXgrammes and the TIA. oration with peer mstituHighlights included the reCI lANGE BET\VEEN SCHOOLS, AND A CERTIFIED tions that would guirement of certain core supplement existing rela- CONCENTRATION THAT WOULD BI~ NOThD ON STUcourses, the involvement of tionships and build upon DENTS' TRAJ'..SCRIPTS. facult}·, who would particithe current student ex· pate in the exchange bechange programs. tween schools, and a The Committee's pncertified concentration that would be mary recommendation was "to create a reflecting our (and their) areas of exSHARO:\ Sn.BtRT

Ject group of designated partner schools representing leading law schools across different geographic regions and

Thematic Term Away (ITA) with a se-

pertise." This new program would be

THEMATIC continued on pg ..5 '

j'

•' • •

' L

UV: Can you explam how the tuition tncreases works 1n terms of how it gets allocated to the Universit}· and the Faculty?

DM: It's a complicated time to answer that because the University is bringing in a new budget model. This year the} are running two budgets -a new budget and a shadow budget - and the new budget is changing how the money comes back to the Faculty.

Part of the problem is they don't fund us as a graduate program, they fund us like an undergrad program .

UV: What about the concern of los-

MORAN continued on pg. 5 1 ,:,· ; ......,.,

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March moot madness "It's a cow's opinion. It's 'Moo'."- Joey Tribbiani Sn \ H \X'J:RIER

In the intra-faculty Callaghan \foot, the Best Team award went to the duo of Khalid Janmohamed & Alexa Sulzenko, who wi!J hope to duplicate their successes at tht: professional level when they both j01n Pahare Roland tl-tis summer. The Gale .\foot team of 2Ls .\Iarrhe\\ Gourlay, Joanna Goldenberg, Fredrick Schu-

\X1hile this month is often anticipated for the drama and excitement rhat is the college basketball extravaganza known as ~larch Madness, it also marks the apex of the mooting season here on campus.

Throughout late February and early .\larch, student:; from the Faculty competed in a widearr.ty of mooting events, taking on their fellow LIKr \ "\1 ~CAA TI' \\f GEARI'\iG UP I 'OR students the intra-Faculty Callaghan ,\loot, and goin~ up against other Canadian schools in the l\f. \RCH ~L-\D:"\LSS, Tf IE \IOOTI RS Jessup, ecurities, Labor Arbitration, and a range I VESTED \ S1GNII lC"-~T T11\fb of other tourneys.

PRI:.PARI'\JG FOR THF.IR EVENTS, l.1ke an '\,C \A team geanng up for ~larch RESE.\RCHING F\CTT..:MS AND \Iadness, rhe mooters invested significant time preparing for their e\·ents, researching factums PRACTICING AND GOING TO FIRMS and practicing and going ro firms throughout the THROUGHOUT THE BEGINNING OF THE beginning of the term, until the moot in late FebTERM, U~TIL THE MOOT IN LATE ruary.

Highlights from this year included the U ofT FEBRUARY. Secunties ~foot team, replicating the l\.ftchael Jordan CbJcago Bulls, winning the national title for a thud straight year. Members of this year's Fab Four included juniors (2L) Brian Duong and Mark mann, and Emma Ruby-Sachs, made it to the Final Four Myhre and seniors (3L) Adam Hirsh and Andrew Par- and ended up placing third overall. ley. The team was coached by Chris Graham and Chris This year, the law school hosted the Jessup Moot, and Burr, neither of whom were compared by theJr proteges student Andrea Harrington (2L) capitalized on the to Bobby Knight. home court advantage to capture the sixth place ora\ist

title. In the Wilson Moot, Sarah Hudson (3L) took home Top Oralist honours, and, for the first time ever, the school captured the Labor Arbitration title.

On the down side, the Jessup team received a technical foul from which they couldn't reco\'er. They were penalized for not getting their factum submitted on time and consequently were, like the Memphis Grizzlies, mathematically eliminated from the title bunt well before the final stretch. \X1 hen asked what was the key to a successful mooting season, Moot general manager Vasuda Sinha (3L., \\ ho oversaw the entire operation along with Chris Burr (3L) was quick to stngle out the \'Olunteer student coaches. "\X'e had awesome supervisors," she said, adding that "the upper years who help out are the key to passing on the torch of excellence."

For those interested in following in the footsteps of Sinha and Burr in managing a successful roster of mooters, the) offer these words of wisdom: "Learn how to delegate. This is way more work than people kno\\."

Davies Congratulates U of T

r

•

Davies Ward Phillips & Vineberg LLP congratulates the U ofT Team for winning the 2007 Corporate/Securities Law Moot.

The Team also received the second place factum prize.

The U ofT Team members are Brian Duong, Adam Hirsh, Mark Myhre and Andrew Parley.

The annual Davies Corporate/Securities Law Moot brings together top students from Canadian law schools to debate current legal issues in corporate and securities law.

MARCH

20 2007

Tuition rise no surprise?

YAY! continued from pg. 1 and received financial aid, also received

5

NEWS cessor, Dean Ron DanJelc;, who in 2002 implemented a fi\'C. Y<:ar Plan to raise tuition to $22,000. This plan was thwarted by the ~icGwnty go\'ernment's tuition freeze. Daruels' plan was enabled

vided to students who appl!ed for but dJd not qualify for financial aid as a result of a combination of personal circumstances, assets and parental income HWIV BELihVLS THAT TilE THE D EAN SUGGESTS THAT and those whose parental income was RAISE IS NOT A SL RPRISb TO ANY RISK OF STUDENTS $140,000 or lower. Eleven students fell STUDENTS. SHL :1\0TFS THAT into this category. This bursary allocaDECIDING AGAINST ATTEND"THE COMING TI.;ITION INoon will now be discontinued, following ING U OF T ON ACCOUNT OF consultaoons between the Dean and the eRr~ \SC ISN'T Rh,\LLY \ DLC 1THE RISING TUITION WILL Be SLS and the Financial Aid Committee, SION TH-\T WAS ~fADE THIS MINil\.tAL BECALSI-. TLITION, IR- wluch has endorsed the measure.

YEAR - IT'S BEEN PART Of THI~ The raises will bring first year tuition RESPECTIVE OF THL RAISE, FACLL1Y'S LO:NG TER.\1 PL\Nat the Faculty up to S19,535 (including PALES IN COMPARISON TO TIIAT $872 tn ancillary fees), the lughest of any NING fOR SOME TIME. l THlN"AT THE TOP AMERICAN law school in the country. Second year STUDcNTS CA..\.fE HERE KNO\X.tuition will be pegged at $18,845, while SCHOOLS, FROM WHICH THE ING TllAT TUITIOl'-. WAS HIGH third year tuition will rise to $18,178. AsFACUL1Y FACES ITS "GREATEST AND UKELY RISING." suming the raises continue under at the RECRUITMENT CHALLENGE." same pace, by the 2009-1 0 academic year first year students will be faced with a bill for $22,639. by the decisiOn of the Mike ll~r.ris a~­ a tuition rebate equal to, on average, Moran, following her installation as ministration to deregulate twuon m 50% of the tuition increase. This trans- Dean, pledged to be "modest on tu- 1997, which saw tuition rates soar from lated into a bursar} in the amount of ition" and suggested that annual per- their previous levels in the range of $640 being given to 1OS students. Sec- centage increases in tuition should be $4,000 a year. ond, a tuition rebate equal to 50% of the below "double digits." This stance was increase to incoming students was pro- in sharp contrast to that of her prede-

THEMAnC continued from pg. 3 noted on students' transcripts.

The rationale for the Thematic Term Away was based on a desire to prm ide "exchange opportunities that are more cloc;cly related to the Faculty's academic mission." The report also stated that "for a peer institution, the prospect of collaborating along thematic lines might be more appealing than a rebrular exchange programme, and themes might thus expand the Faculty's options for partnership."

The themes suggested in the Report were: Law and Economics (including corporate law), Legal Philosophy /Legal Theory, Transnational Law (Including tnternationa\ law, International human rights, EU law, comparative constitutional law, immigration law and national secu~ty la~), and Law, Regulation and Soctety (mcluding administrative law, health law and environmental law).

In addition to the Thematic Term Away, the Committee also recommended an annual joint conference or workshop with partner schools as a more research-focused model of partnership that would "help ensure that relationships with our partners remain dynamic and would facilitate new linkages among faculty and students across th~ range of partner schools."

class size and we will look to modestly in- ter in which she basically questioned crease our faculty complement but this \S the manner in which the Task Force ing students to other less expensive a short term plan and on the facu\ty side ws proceed\ng and your commit· we will look to increase a b1t and we did ment to addressing the clinic's probCanadian law schools? lems. How do you respond?

DM: The incommg class is looklng great have a penod of enormous growth.

DM: She decided what she thought this year; we face our greatest recruitsense of where we should be going on ment cha!Jenge not from other Canadian UV: And on class sizes some people are was best for her in the circumstances and things like thematic exchanges with stulaw schools but from American law wondering why they continue to be large 1 wouldn't presume to comment on her dents. I am hoping there will be (an) augschools. Twenty years ago students only despite the high faculty/student ratio that own decision-making. In terms of the mentation in the legal research and applied to Canadian law schools and now the school promotes. There are some Task Force, it's up and coming and it has writing program depending on what the most of the students that apply to us also concerns that despite all of these tuition met. In January there was a DLS General Curriculum CommJttee recommends. apply to American la~ schools so now increases the size of the first year pro- Meetmg and at the meeting there was support for the Task Force and what It's what we get are a lot of questions about gram remains relative)} unchanged.

UV: Tell us about the highlights and lowDM: I don't know the actual numbers so going to consider. 1 respect her opinion clinical experiences and exchange proI would want to be careful. We have cer· about tt; it wasn't the opmion of the lights of your first full academJc year as grams.

Dean. tain things that we didn't (previously) General Meeting in January. The Task DM: There have been lots of highlights UV: Changing gears, two issues that can have 10 first year. We have the first year Force has a Director at Parkdale who JS the listening tour was really great, just be linked to tuition increases are faculty elective which takes places in smaller plugged into legal clinic issues we have talking to so many different alumni about sizes than the first year sections and we someone from Legal Aid Ontano, and hiring and class sizes. What can we ex what they are doing, I reall} enjoyed that peer to see in the Academic Plan on these now have run more sections of legal Mtchacl Code is on the Task i-'C.>rce. and the feeling about the school Js very process. The first year is very faculty 10 issues? positive. In terms of m} own accomDM: We talked about class sizes and tensive; we use more professors in the UV: Amina was careful to say that she plishments, I think that (v.:ould be) getlooked at different ~a)S we could 1mpact first year program. One of the things we d1dn't resign but was 'constructively dis- ting the building project moving fol'\\."3rd. talked about is does It matter whether missed.' Would you agree with this asIt's great to feel action and forward atwe have 12 or 15 or three sections of scc;sment? tention. The lowlights are dealing with contracts. (Also) we often now ha\'e DM: '\o, obviously that's a legal charac- the headaches that one has with a job like three sections of upper year classes tcnzatton. this. whereas we used to have two."

UV: If it's a legal characterization can we UV: You get lots of headaches? \X hat do UV: How about bridge weeks? They re- presume she initiated litigation against you do when you get them? main unpopular and we understand one the clinic or law school. Has any litigation DM: J\ fe\\: I take a walk. of this year's bridge weeks was can- he<:n mtiated?

DM: !\,one that l know of. celled.

UV: Any last words for the graduating DM: I am still waiting to hear from the class?

Curnculum Committee on that one. The UV: Can you outline your goals for next DM: Bonne Chance! It's been really ma 1or change which I am quite commit- year? wonderful. There are a lot of really great ted to is enhancing the support for legal. DM: '\ext year is going to be more fun students that l am going to be sorry to with the building; we have a design comresearch and writing. sec lea\·e and lots of people whoc;e capetition which I think is going to be reers I will \\.'atch with interest. I feel very UV: Let's talk about personnd issues. great, that process will be underway in lucky to be Dean here.

Since we last spoke Amma Sherazee re- the fall. The International J\d\'isory signed from the clinic. \\e obtamed a let- Committee has been giving us some MORAN continued from pg. 3

6

ULTRA VIRES

NEWS

11ARCH

Financial aid changes on the way 1\fature Students to be most

tancc. In particular, if a single age cut-off RRSPs up to this amount. For example, were adopted there would be strong in- under the existing policy a student with centives for mature students to delay SSO,OOO worth of RRSPs IS deemed to affected I!J lleJJ' policies their admissions to avoid the parental liquidate up to the value of their assessed D\\'10 Dh GRCX)T (approximately deeming rules altogether. Under the pro- budgetary amount o,·er the past several months the Finanposed approach, mature students receive $30,000) to finance their schooling. Howcial Aid Committee has been quietly conrelief without creating abnormal finan- ever, under the proposed policy the stusidering several potential changes to the dent would be required to deem S1 0,000 cial inccnti,·cs for admissions. financial aid program. Two of these proin first year and Sl 0,000 in second year.

Last, the proposed approach continposed changes arc responses to last year's As with the parental deeming changes ues to reflect the idea that even mature student survey on financial aid. In particstudents ha,·e a safety net, if only to a these amendments are linked to clear raular, the committee considered whether limited extent. While the safetv net of tionales. First, the existing policy creates the parental deeming formula should be mature students is Jess extensive, it taxation 1ssues for students having to use more nuanced, and whether the pohcy should be recognized that students from the1r RRSPs to finance their educations. towards RRSPs should be amended. higher income backgrounds are often Using the example from above, and asAfter dc.baong the issues extensiVely the provided wJth Intangible benefits that suming_no other income or deductions, financial aid committee is proposing the lower income students are not. Accord- this student would be required to liquifo!lowtng changes: (i) adding an "incluingly, the committee thought that there date more than their assessed budgetary SIOn mdex" to reduce the level of had to be a minimal level of parental amount because of the tax consequences parental deeming for mature students, deeming even for the oldest students. of withdrawing the money to cover their and (u) changing the RRSP policy to parThe proposed approach will continue to first year expenses. allel the Incom e Tax Act's Lifelong capture students from very wealthy backSecond, students with RRSPs are Learning Program. grounds while allowmg students from more likely to be mature students, and If accepted by Faculty Council the more modest backgrounds to receive the therefore the amount of time that they "inclusion index" will result in parental support they need. As such, it reflects re- have to save for retirement after compledeeming bemg inversely related to a stuality while also maintaining the underly- tion of law school is reduced. This redent's age according to the schedule ing safety net justification for those duction in time creates the need for these below.: students who may possess such a safety students to save at higher rates to attain Age Inclusion Index net. similar levels of financial independence < 30 100% The committee also considered how upon retirement. By sheltering some of 30-34 75% the proposed policy would affect other the value of the RRSP this problem is 35-39 50% student!'. . .t\.fter fmanc1al modd ing, i.t was avoided 1\!; the 11'\VC!;tmcn ts con nnuc t<> ~ <\() 25% determined that the proposed change re- increase in value. Moreover, by the time For example, if a 37 year old student's sults in a modest redistribution from all students reach retirement age, all of parents are currently deemed to connon-mature students to mature students. them will have similar opportunities to tribute $5,000, under the proposed policy In particular, each non-mature student attain financial independence without this student would only be required to will receive approximately $27 less per straining their fmances during their workdeem $2,500. This approach was adopted year in bursary support, which will be ing years. for several reasons.

Third, financially responsible mature used to increase the financial assistance First, at a certain age the "safety net" a,·ailable to the limited number of rna- students who take advantage of govern1ustification of the ex.~song policy is unment incentives for investing in RRSPs ture students at the f-aculty. realistic. Indeed, the safety net may be inThe second policy change considered will not be penalized for their prudence. verted for many mature students. \X'hile is to adopt the Income Tax Act's Lifelong Whllc the polic} creates some incenth·es parents support their children when they Learning Program when deeming RRSP to put current assets into RRSPs prior to young, children often care for their parassets for educational purposes. \X'hile coming to law school, the committee ents when they are elderly. By adopting the current financial atd policy requires concluded that such situations are likely the ages outlined in the schedule above, that students deem 100% of their RRSPs rare, and that if they exist there are likely the committee sought to realistically capin the1r year of admission, the proposed other mechanisms to capture these stuture when these changes occur. amendment will reqUire that students dents' income and assets.

Second, the proposed approach avoids deem a maximum of $10,000 worth of G1ven that the rationale of having creaung strong incentives to delay attendRRSPs each year to a maximum of two RRSP contribution space is to encourage ing law school to acquire financial assisyears ($20,000 cap), provided they have people to sa\·e for retirement, these stu-

Five years ago in Ultra Vires Curriculum Committee proposed decreased class sizes, semestered first-year courses The Curnculum Comrruttee released a dis· cuss1on paper serung a plan that would call for nine semestered first-year courses, w1th classes limited to 45 students each. The new curriculum would include a constitutional rights course and a course on law and government in first year as well as a compulsory moot in first year. The suggestion ro decrease class sizes was met wah resistance by several professors includmg SuJit Choudry who was

concerned that the plan called for a disproportionate amount of resources to be Invested in the first year. Associate Dean ~loran reassured faculty who were sceptical about the large commitment of resources to the first year class. "Dean Daniels and I have examined the numbers and it's possible. It's undeniable that this initiative would require a slight increase m teaching load. We arc equally stnvmg to decrease the upper-year class sizes," she explained.

Students File Human Rights Complaint against U ofT Law School Twenn-rwo students representing every law school in Canada filed a complaint to the Ontario Human Rights Commission against

the University of Toronto Paculty Of Law and other Canadian L:m Schools. The complaint attempted to highlight the disproportionate effect of tuition increases on visible minority students. "Tuition hikes while vtsibly neutral, will affect black people disproportionately," stated Louise James (2L).

James said the applicants were asking the Commission to find out if "the tuition increases will affect African Canadians the way we claim." James also pointed out the African Canadians represent only 1.5 percent of the Canadian legal population

Faculty Council Endorses Restrictions on First- Year Recruitment Paculty Council approved a CDO and Re-

dents are simply investing in a manner that society has alread} accepted as beneficial. As well, if students with RRSPs withdraw more than the $10,000 allowed by the Lifelong Learning Plan they permanently lose the contribution space, thus limiting the1r ab1lity to invest in the future as compared to their younger counterparts. f-inally, to attain the benefit of the sheltering these students would need to invest more than $20,000 in their RRSPs. The poliq creates equity between prelaw school occupational choices. In particular, some indh iduals are provided w1th employer sponsored pension plans (e.g. teachers, nurses), but in other professions individuals arc required to save individually (e.g. independent contractors, entrepreneurs). While pensions for employees in occupations in the former category arc simply commuted values until the age of retirement, in the latter occupations there are actual investments that the individual controls. To deem the latter while excluding the former is inequitable considering that the funds are ear marked for similar concerns.

While the effects of this proposed change have not been published, the redistribution is similarly mino r. Ho- cver, t\'\t..: f"<.: ~1.\\

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20 2007

Legal research and writing course to be open to all takers STI.PHE'\ BIRMAN

In an academic environment where 100% exams are the norm, there is concern among faculty members and down town research lawyers that students aren't getong adequate training in legal research and writing skills while in law school. As a result, the Curriculum Committee has been considering new approaches to legal research instruction and will be presenting its findings to Faculty Council on March 28.

As an interim measure the law school will offer the current legal research and writing course to all students who wish to enrol by opening five sections for next year and promising to watch enrolment closely. That·should mean no more waiting lists for the high-demand, 2-credit pass/fail course.

While some law schools like Osgoode and Ottawa require students to take a re-

NT \\'S search and writing class in their first \'car of studies, some are suggesting th~t a similar requirement be imposed on U of T l.'lw students in either their first or second year of studies.

Potential opoons, which mclude introducmg a formal legal research and writing reqwrcment into the curnculum were presented for discussion by Curriculum Committee Chair I lamish Stewart at the February 14 Faculty Council Meeting.

Stewart noted that there 1s a "wtdesprcad sense that what we're domg Qn this area) is not helpful for what the students require."

Currently, there are very few legal writing and research requirements needed to graduate from the law school. A student should write a research paper in thetr first year small group course, however, there is concern that not all small group pro fessors are adhering to this requirement.

Students also have the option of taking a legal research and writing course in upper years, but this 2-credit course is often difficult to get into because of small class sizes and limited course offerings. Additionally, although the extended paper requirement is intended to promote high-level research, several faculty are concerned that the extended paper has simply become a regular paper where students bulk on an additional 15 pages without distinguishing it from a course'!'.

7

standard paper requirement. One professor summed up the debate mw the extended paper by asking, "If it's become a paper plus, what's the plus?"

Chief Jjbrarian Beatrice Ttcc told Faculty Council that the second year of law school is the appropnate time to intro· ducc a mandatory research and writing course into the curriculum, "when people ha\'C the background and cxp~.;nencc

such as student exchanges. 1\nother hurdle to introducing a mandatory re t.>arch and writing course would be finding instructors. Stewart wasn't sure faculty would be enthusiastic about teaching a course which would require seven or eight sections to accommodate all students. \\'h1le the normal candidates pracuuoners and graduate studcnrs were raised for discussion there were concerns about the variable range of instruction from practitioners and limited experience using graduate students .

Professors voiced a range of com... ALTHOUGH THE EXTENDED plaims about research and writing requirements at the school. Deruse Reaume PAPER REQUIREMENT IS INsaid that legal research writing is "not just TENDED TO PROMOTE HIGHa matter of finding stuff," while profes· LEVELRESEARCH,SEVbRAL sor Lorraine \X'emrib said that, "we can't FACULTY ARE CONCERNED THAT assume that people are learning legal arTHE EXTENDED PAPER HAS SIM- gument at a high enough quality." These concerns extend beyond the formal PLY BECOME A REGULAR PAPER course requirement into the albatross WHERE STUDENTS BULK ON AN otherwise known as the extended paper.

Several faculty members requested guideADDITIONAL 15 PAGES ... lines for the extended paper which would include draft requirements, date timetables, and incentives for students to publish and present their research. that they can draw on." However AssooAs far as addtng legal research and ate Dean Lorne Sossin and Assistant writing as a mandatory course and other Dean Bonrue Goldberg noted that there specific changes to the extended. tJaper were administtative hurd\es to introd.uc- format, stay tuned. for t'he Cutt\cu\um Cnmm\ttec'~ U"QCom\nv:, t:C'Q<)t:\., in~ mandatory course!'. in uppet: )Cars

uppe r yc:.a.-

StudentS who must now deem $10,000 in their second year. However, this issue is caused more by an anomaly in the current financial aid policy rather than any unjust outcome resulting from the proposed changes.

Overall, both of the proposed changes benefit mature students. However, the Financial \id Committee thinks that these changes are modest redistributions that benefit a segment of the student body that is not adequately represented in the financial aid policies.

While there are still opportunities for change m the future, the proposed changes arc a good start to ensuring a more just dtstribution of financial aid resources. If students have any questions the} should contact David de Groot, Khalid Janmohamed or Akash Khokhar. cruitment Committee proposal ro restrict contact between law firms and first-year students. The plan called for U of T to approach other Ontario law schools with a plan to prohibit recruitment activity in the first term of first year. However supporters of the change in policy questioned a very liberal definicion of recruitment activity that would permit firms to continue the1r tnvoh-emcnr in specific law school and studtnt initiated acth·itics. One Career Commlttc.;c member stated that "it seems like we have such an innocuous definition of recruitment activity that 1t would be pointless to go forward \\ith the initiative." Faculty member Patrick :\lacklem was in favour of the new policy, "I'm alltn favour of putting the firewalls up. Keep the bastards at bay as long as possible," he said .

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OGILVY

RENAULT Ul' I SLN.CJlL. u I

~L\RCH

Driskell Inquiry: Interview with Professor Code MC: Criminal trials are a competitive business. The prosecurors down in the tr<.:nches, prosecuting a dirty murder trial, can be particularly competitive, and cut corners. Especially where you arc dealing With protected witnesses, it becom<;s easier to rationalize... \'\'hether that is what went on here, I am not sure. The justice system depends on senior officials to be checks and balances on the trench warfare that sometimes goes on in the courtroom, so what was panicularlr of concern in this case is that even after the conviction had been obtained and the Saskatchewan matena1 came into senior levels of the i\timstrf, disclosure was still not made. Chief Justice LeSage felt that the blame had to be shared e<.juall} b,· everybody: the trial prosecutors, and police officers and senior officials in the .\finis try, who were all collectively part of this miscarriage of justice.

HD: The police organized immunity for Zanidean, Jim name was added to the growing list of wrongfull} com1cted Canadians in January 2007, with the release of the Driskell Inquiry Report. Jim Driskell served 13 year'> of a life sentence for first degree murder 'bdote ~\an\toba ~u~tke ~ta'jed tne c.natges aga\n~t bi.m,

their key witness, for the arson he commmed. In return, he provided what was later shown to be false testimony.

Is it unethical or risky to provide accomplices immunity for their comes in return for testimony?

HD: Hair sample analysis was used to link hairs from Driskell's \'an to the deceased. This e,·idence was later shown to be much less probative than it was taken to be at trial. How can courts approach scientific evidence to avoid this pitfall?

MC: \fany of these wrongful conviction cases have 10,·olvcd faulty science. \Vc saw it in Truscott with the stomach contents evidence, we saw it in \!orin with the hair and fibre ev1dence, and we sec it 10 Driskell with the hair evidence... \\that this points out is that forensic science has not be(;n subjected to the same standards as ordinar} science. Before some drug or med1cal procedure can be accepted in the scientific community, it is subjected to the veq rigorous scientific method of approval through peer review and double blind studies.

They have never done that in forensic sc1ence. The report is extreme]} helpful by insisting on really rigorous challenging of scienufic \·alidity of the theory behind the evidence, as opposed to just challenging the particular example of it in a parucular case. There is no question the scientist in this case looked throu!!;h tht;

20, 2007

LEGAl lSSL I S

While Geneva Slept ••• lV[ATHEW GOI.OSTEJN

In the universe of international humamtarian law (IHL) there are only two subjects - civibans and combatants. Every partJcipant in hostilities must be one or the other. At the dawn of IHL, the two were easily distinguishable. Combatants wore uniforms and carried arms openly, everyone else was a civilian. But the lawyers of yes terday planned poorly for tomorrow.

While Geneva slept, enemy fighters stopped wearing uniforms and stopped carrying arms openly. They actively sought to blend in with the civilian population, rendering the distinction between categories increasingly meaningless.

With the advent of the so-called 'Global War on Terror', state-to-state combat has now been eclipsed by con-

fliers between states and organized armed groups. In this latest mutation of international armed conflict, the armies of states are 'combatants'. But as a matter of IHL; what about the militant groups with whom they are at war?

A handful of decisions in the courts of vanous nations indicate a profound lack of consensus on this crucial <.JUes tJOn. On the one hand, the US Supreme Court, in a trio of cases known as Hamdi, Padilla, and Rasul (all released on June 1, 2004), suggested that enem} militants were Indeed com batants, albeit 'unprivileged' from the protection of the Geneva Convenoons (also known as 'unlawful combatant', th1s term dates back to Ex Parte Quinn, a 1942 decision, in whlch the US Supreme Court held that four German soldiers attempting to enter New York City in civilian dress were 'unlawful belligerents subject to trial and pun ishment').

In contrast, a recent decision by the Israeli Supreme Court reached the opposite conclusion. In the case concerning the legality of targeted assassinations, the Israeli Court characterized members of Palestinian rrulitant

groups as 'ci\'ilians taking direct part in hostilities.' By such participation, those civilians were deemed to ha\e lost their protection against military targeting, subject to the customar} international law coclified in Article 51 of the 1977 Additional Protocol I to the Geneva Conventions. If captured, the Court ruled, they could be arrested and tried hke ordinary criminals, and were therefore protected by all of the safeguards of the domestic law-enforcement regtme.

If the Israeli Court is correct, it will be possible for hostilities between militants and a State to reach the level of internauonal armed conflict without both parties bemg considered combat ants. This would mean that militants can lawfully be targeted by armies, but it would be a criminal act for them to fire back. On the other hand, if the US Supreme Court is correct, and 'unpriv ileged militants' are indeed a new category of combatant, no international treaty or customary law spells out the rights and protections with which they are endowed. The Geneva Conven tions only describes which humanitarian norms apply to combatants who meet certain conditions (article 4(2) of

9 Geneva III - "Prisoner~ of war are persons who ... fulfill the following conditions: carrying arms openly, conductio • their operations in accordance with the laws and customs of '-'tar, etc.); for all other non·ci,·ilian participants in warfare, Geneva law is Silent.

The current US admmtstration has exploited this lacuna by detaining prisoners indefinitely without charge or prosecution, treating detainees to the worst of the two worlds of ci\·ilian and combatant. The silence of Geneva surely does not connote consent to the impermissible contempt for the rights and dignity of detainees manifested by current LS policies and practices.

Sooner rather than later, the nations of the world will have to get together and dev1se a new set of legal standards that takes mto account the modern conduct of war. Gaps in IHL should be filled with legal substance, lest the US mterpretations entrench themselves as the dominant state-practice. This Jmmensely Important project should command the immediate attention of lawyers, philosophers, military experts, and other thinkers. In the meantime, longstanding humanitarian norms and human nghts progress axe at stake.

rrucro~copc. and thou~ht the.::. two h.,irs lonkc.:d a.l1kc..·. '"·"

finding that a miscarriage of justice had occurred.

MC: Assuming you're giving him or her immunity for they had some points of comparison, but the question some Jesser involvement than what you are pursuing the is: what is the value of that? This is a very difficult area Driskell was alleged to have killed Perry Harder to accused for, I don't think it is unethtcal ... But is very im- for lawyers and courts, as we arc not scientifically prevent him from testifying against Driskell m charges portant to finalize those deals before the trial and then trained. stemming from a 'chop shop' bust. The key Crown wit- put them on the record, so that it is transparent and the ness at Driskell's trial was Ray Zanidean, who, with juC} can evaluate what was done. One of the fundamen HD: Are wrongful convictions an inevitable by-product Dnskell, had committed an arson in Saskatchewan in tal failures of this case is that the immunit} arrange- of our justice system? the months before Harder's body was found in Septem- ments with Zanidean were not completed prior to his ber 1990. Zamdean demanded immunity for the arson testimony. The finding of Chief Justice was that the MC: Only in the sense that the svstem is flawed; it is in exchange for testimony implicating Dnskell in the whole arrangement was to leave it hangmg over his head human, and human systems are prone to mistake... The murder. whde he testified as an incentive to stick to his state- way the system is des1gned, is to have a series of checks ments, and that's the exact contrar} posmon to what and balances in it, and you really need a fairly broad The Dnskell Inquirh headed by former Ontario the common law has always insisted upon. based failure in the justice system for a wrongful convicChief Justice Patrick LeSage, uncovered numerous intion to occur. Everybody, m some way, has to do less stances of Crown and police misconduct in the prose- HD: One proposal made at the inquiry was the estabthan a perfect job 1n order for it to happen. cution of Dnskell's case: The pohce and Crown lishment of "Innocence Hearings" which could allow Attorneys did not disclose Zanidean's arson confession the wrongfully accused to prove their factual innocence or immunity arrangements to the defence, foreclosing and clear their names. What do you think of this proan effective attack on h1s credibility; Zanidean perjured posal? himself on the stand, and no-one rrused the alarm. D1s closure problems continued post-conviction. Phone M C: The criminal law has records linking Zamdean to an anonymous recantation never concerned itself with were not d1sclosed, and material that conclusively proving factual innocence proved Zan1dean's perjury was concealed by senior of- it has always put the burden University of Equ1p yourself with the skllls and expenence necessary ficials at :\faniwba Justice for almost a decade. Hair on the Crown to prove to excel as a tax professional and JUmp start the next sample analysis which was used to implicate Driskell guilt, so the 'not guilty' verphase of your legal career. V1sit www.mtu.ca an6 was later found to be less than reliable. dict restores the presumpd1scover for yourself why success starts at the top non of innocence. The mWaterloo's Master of Taxation program.

Professor Michael Code was heavily involved in the Chtef Justice had concerns Dnskell Inquiry, acting as counsel to the Commissioner, about the practicality of an Justice LeSage. I asked him some questions about the innocence hearing where accountable expert faculty t . I . t .

I I t t I t case. you are tr}1ng to reconstruct a very old mal, and also MASTER OF TAXATION HD: It is tempting to judge the prosecution in this case about the potential for with the ad\·antage of hindsight. Is there something stigma it would cast on the about the context of a murder investigation which can 'not guilty' verdict as somehelp us understand why they acted as they did? thing less than restoring the presumption of innocence.

accelerate your career.

Waterloo

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Waterloo

The Israeli Supreme Court is onto something Jo:-.sATHA:-o. So:-.G The veC}' success of guerilla warfare depends on blurnng the distinction between combatant and non-combatant, while the laws of war that restrict (one hopes) lawful violence to the combatants depend on clear distinctions between the two. Not surprisingly then, war between guerillas and regular armies tends t~ ~~ve a higher rate of atrocities as the ~JVilian population becomes the very terrrun over which the combatants fight, rather than a bystander as is more the case in convenuonal warfare.

Can anything be done to mitigate this problem? Perhaps. It has been suggested that a thorough revamping of the laws of war so as to take into account of t~e new conflicts between states and guerillas. Theoretically, this has potential. But an important truism stands in its way.

Historically, while most governments have at least professed to adhere to some notion about the laws of war, they hav.e excluded guerilla enemies from the appli cation of such laws on the grounds that fighting them does not constitute wa~ at all but are instead banda-suppressiOn ca:npaigns. As the English poet Sir John Harington put it: "Treason d~t~ never prosper: what's the reason? For If It prosper, none dare call it treason." After hun-

dreds of years as the pre-emin.ent sou~ce of temporal authority, states will not Will· inglv concede equal legitimacy to any rival form. Even today, countries harshly critical of the US Gitmo policy are also keen to prevent the legalization of ~ri­ vate war-fighting parties like mercenanes.

Fortunately, this long-established practice may also mean that a thorough revamping of the Geneva Convenuon may not be necessary.

Civilians fighting against their national army are rebels, and when captured, are normally tried under some m.anner of treason law. If a foreign army Js present in support of a government, then that government's treason laws may apply (assuming no effective legal challenge to the legitimacy of that government).

But of course, in contemporary Afghamstan and Iraq, such an approach could prove practically insoluble, not to mention dangerous for the occupymg army.

The Israeli approach seems to be to treat captured Palestinian Arab militants as civilian defendants under the normal Israeli law, not charged with treason, but with whatever other criminal offense would apply to their actions (us~~ ~~r­ der). Presumably, if the lsraeb cmban courts have or are becoming accustomed to putting foreign civilian militants on

trial, the American courts can figure it out as well.

Criminalizing armed resistance will likely raise howls of protest. Why should one side's battles against the other's fight· ing forces be counted as criminal simply because they don't belong to a state organ?

Because first, as a matter of law, if the guerillas prove victonous, they will no longer be guerillas, but will become a state authority of their own that would not recognize most crimes com.mmed against the occupier. Release of pnsoners is usually part of any peace treaty, and.t~e conviction of their comrades under Civilian rather than military law need not be an additional obstacle to their repatriation. If on the other hand, the guerillas are defeated, then their jailed comr~des will remain outlaws unless the victonous occupier proclaims an amnesty for the sake of mollifying the conquered population.

Second, as a matter of politics, an occupying army is also a ruling power, and as such is responsible for law and order.

If a civilian raises a rifle against that army, regardless of the right.eousness o.f his cause he is violating the laws of hJs ruler. Bu: since he is not in uniform, he cannot be determined to be an enemy until he is proven to have so fought. Such

a determinacion could be made in a court of Jaw. Emergency laws might be passed to streamlme evidentiary procedures, but the presumpoon would still be that all civilian common Jaw protections apply ro the defendant unless constitutionalle~~­ lation states otherwise. Furthermore, It ts rarely advantageous to lock. up e\·cry civilian suspected in the shghtest of guerilla activity. When guerillas are vanquished, it will be because they fade away, and not because they were abruptly destroyed. Under the right conditi_ons, a man who had earlier joined the resJstance against the occupier could even~ally ~e­ cidc to stow hls nfle and reconcJle htm· self to the new order.

The alternauves are either to continue with the US Gttmo approach, or to simply release the guerilla captive.s since there is nothing to charge them Wlth. The problems of the former are well kno~n.

The latter, besides being so self-defeaung that no commander would obey such orders, would if actually enforced, encour· . age armies not to take guerilla pnsoners in the first place. It would be painfully ironic if the result of the effort to uphold a certrun legality in war encouraged the whole affair to be even more savage.

+ !\l ARCH

20, 2007

11

LFCJJ\L ISSUES

Course Review (OMPILI [)

Clash of the Titans check that - when the final npples had dissipated, one side emerged from the Three years ago, in its inaugural cam- shadow of the carnage they had just paign, the t.:T Law lnnertube \\ater Polo wreaked, victorious and gracious in their team could barely muster a goal let alone \'ictory. a win. But the tides of change are not As the final whistle sounded, the cries easily len:t-d and an unyielcling spirit will rang out, "Three cheers for the Meds! ne,·er be denied. EYery lcingdom Three cheers for Law!" .t\s much cries of foundni rises from the rubble of a Icingdum dtspatchcd. This year our side progrc:;sed through the entire regular season undefeated, largely unchallenged, and with swagger to spare.

On \\'cdne~Jay, .\fnrch 7, our fearless combatants engaged the Med Students in the tirst round of the postseason- and I had the pleasure o f ,,;rnessing the entire skirmish. The air was thick when I arrin.·d poolside slightly after 8pm. The all roo familiar din had given way, supplanted by a kind o f subdued rumour of what was to come. Bo th sides were comjJlaccnt to the inevitable clash o f titans, understanding perfectly the magnitude of the occasion. One side would lea,·c ERIC 1. \\'I•RS

anguish as o f relief, the mutual respect each side held for the other was, in those cries of battle, laid out for all in atten dance to see. The contest on W'e dnesday, March 7 was honest and resplendent, and we fought hono urably - we fought like warrior poets. The stro nger side no doubt carried the da}, but the greatness

of victory is derivative on the agony of defeat and each actor in the annals of histOr) stands as equals. So we stood after that contest \\<Jth the Meds, equal befo re their eyes, them equal before ours.

Undo ubtedly we bo th got equally sh ·rfaced drunk later on that night.

the \'~On\ th:~.t d a)' h:~."'\n\;!, won \!_lOT)' fm th..:m !<.chcs an l\ thc.\1: \acu\ty. ' f h c oth..:T wo ulcllcan: w1rh only unquenched asp i-

Dear f'vttd to Ez·ac, Ending things is always a bit tricky. I'm not going to be one of those people who tells you to do thtngs as cleanly as possible. Break ups are messy and I think you should be prepared to get knee deep. Decide whether you want visitation rights (or just conjugal visitation as you are moving on) or whether you want to just cut and run. Then say that you don't think either of you have been happy and

FIRST SEMESTER I P ( Drassinower} Th1s was a fantastic class. There was one huge downside though- it is at 8:45am.

I only missed one class, but l think that as long as you d1d the readings, you could get a good understanding about the law.

It's also cool because you could read cases about i\lr. Sub, or 1 hermos, which are names you know. There is e\·en a case about the Ewoks, which arc prett) cute fuzzy little creatures. 0"-., maybe that is not so exciting, or cool. But, it is nice to know something about the cases you read, and for some reason, it makes it more interesting. However, Prof. Drassinower did a great job of elucidating the theory and reasoning behind what seems to be mostly statutory law. Along with how much he encourages in-class discus· sio n, this class was a great explication of a fast growing area of the law.

Law and Film (Cossman}

Dr. Ruthie Dear Dr. RJfllm, \ 1y girlfriend and I have been having a terrible few weeks (or months) and I think I want to end things. What is the best way for me to do this wi th the fewest repercussiOns? Thanks, Pullirt~ the Chute

'/.t;rb Morris rf Jared 0• the Hell hu11e once .raid ''! like sd10ol it'sju.rlloo bad classes gel in/be In!)'· "lf7rll. .rome people St!J tbe SaliN think about Lau• Srhool, /)/// .ritlrt• )'Oit are rtqHired lo lakt das.res, here an• SOII/t' 1/'0IIdofu/ 1//~P,~ets of ad!'iceJro!JI the ur? Staff' Teall/.

1 \H:nt •nto this course thinkmg 1 would

ra tions of g reatness.

Rig ht from the firs t whistle the action \\as furio us. Relentless we were, like mbid wolverines, as we peppered their net with shot after dcious sho t. \\'e pressed and they rallied; they counterattacked and we stood firm. As though partners in a savage dance, the scene before my eyes played out, back and forth, unnl the day was \\'On and the pool was streaked crimson. And when all the dust had settled -

Advice from the Wise

B\ t:V ST\11

that you need some space. Space entitles you to late night phone calls, or even after-bar visits if you decide you want them. O r space can mean, "don't call me .. .I'll call you," giving you time to decide. So long as you don't mind getting a rep for stringing someone along, you're in business.

Dr. RJ1thie, I was recently at a btg event, sponsored by the fir m where I will be working in the coming summer. I think I might have gotten a bit too drunk and done some things which might not be conducive to my future job prospects. Any advice on how to find out how big of an ass I was, as well as what the future holds for me at this firm?

Eek, Shot-Happy Solicitor

Dear Drunk and Disorderfy, Firm events are tough. You walk in thinking, "I'm not getting that drunk, this is work," and the next thing you know shots are lined up and you are knocking 'em back like a frat boy at a toga party. Chances are if you haven't heard about it yet, you didn't embarrass yourself as much as you thought you did. Though maybe you got u p and sang or something and people are just too scared to tell you. A sk other summ er students h ow drunk th ey got and you'll have some sense of whether you were way out ahead of the pack.

Just be sure that next time, you under drink so that you don't get voted the guy in the summer class

most like!} to end up in AA.

Dear Dr. Ruthie, I am going on exchang e next sem ester, and I am a little nervous. The first reason I am nervous is that I am the o nly guy wtth a crew o f girls, and I am worried that there will b e no common gro und between u s. I am also nervous about leaving the country for a full fou r m onths and leaving behind m y friends an d fam ily for so long. What should I d o ?

Sincerely, Stranger in a Strange Land Hello Globe Troller, I think the nerves are totally unnecessary.

Granted rrussmg people is tough but at Ruthie cont'd. on pg.11

watch mO\·ies - in class. T he ob, ious conseq uence of that, is that I could ei ther a) not go to class at all and watch the movies at home, and/or, b) go to class to watch mo,·ies and basically just chill. \\'ell, I was wrong. Horribly, horribly wrong. I actually had to go to class, listen to other students do mediocre presentations (at no fault of their own, as the rest of the class was not paying any attention whatsoever, and therefore, there was no participation), and then listen to a kcturc, which I would inevitably not usc in my essa). The upshot of this is that it was an incredibly casual class, which exposed me to some mo\'ies I probably never 'would have seen otherwise, but which really enjoyed. The essay component was also great, because you could really write about any movies you wanted to, as long as there was some tic to the Ia\\: \\c had a lot of creati\'e freedom in that regard.

So although it fell short of my expectations, it was a pretty good course nonetheless.

Real Estate (McLellan) Real Estate is capital B rutal. To no real fault of the professor, the class was three hours long but general!\' ends a li ttle early. T he room was scorching hot and packed like Burrito Boys after a night on the town. The material was devastatingly boring unless of course the Planning Act suits your fancy. The professor had a dry sort of delivery whtch wasn't so bad, but

nobody ever asked questions so the cia s dragged on and on and on ..... Defimtcly one of the law school's most boring classes although to be fuir this probably isn't one you are taking for the excitement ,·alue. There was that one fun case where the lawyer did an incorrect tttlc search and somebody got sued .... wait, actuallr, that's kind of e\·ery case. '\or the law school's worst class, hut probably a topic that you can saYc until it becomes mandatory dunng bar ads.

Generally, Professor Oosterhoff assumesd that we were awake enough at 8:45 on a i\londay to take in all the technicalities of a Trusts course\\ ith a lw:n'} dose of jargon, and that we could complctl' 100-pagc reading asstgnment:. between lectures. Didn't anyone ever tell him what happens when you assume?

Roman Law (E. Weinrib} Those who tmmedJately dismiss this course out of hand - you know exactly who you are - usually do so for one of two reasons. First, the subject matter is Business Organizations (lac} Ernie Els m1ght be. the 'Big Easy', but Biz thought to be too archaic (read as "imOrg is the 'B1g Sex\''. That's right. Busi- practical''). Second, the subject material ness Organizations. lt's cool. It's fun. is tholll~ht to be too esoteric (read as "dif,\nd except for the odd douchebag ask- ficult") \X'd! netther of these assumping a question in the last mtnute of class tions bLu out in reality when it comes to time, It's all good. Wanna learn about this jewel of a course. 1\s to the first con"rights theories" or the "second wa\·e cern, our legal system is full of little post modern femimsm"? Go somewhere phrases like adus 11011}u-it moll 11i.ri 11/fll.f .rit else (or ask Jordan r-..ahmias). But if rra that we now call maxims. Do you you're into the hot stuff, like hostile think tt's just coincidence or conYenience takeo,·ers, poison pills, and deriYatiYe ac- that we do this? .And as to the second tions, then step right up, lea,·e your lap- concern, this is a culture that adort'd fatal top at home 'cuz there ain't no internet blood sport and executed debtors. Sen ously, how complex do you thmk the 10 the MCR) and JOin the party. Because let me tell you: it don't get no better than Roman legal system could haYe been?

Iacobucci. Can your prof casual!) drop a But the real reason to take this course is line like "The SCC cited my essay. \nd it that two credits is a very respectable rc· was nice because the judge citing me was- ward for a very minimal amount o f work (unless two pages o f reading a week is n't ffi} dad"? D 1dn' t think so. too much). Nor only tha t, but with less Once you go Iac, you ne,·er go back.

I f you weren't in Jt th1s rear, put It on than five law students enrolled in the your to·do list. It's wor th it. Literallr Be- class, Ernie \\'einrib's e\·aluati\'e discrecause, as Robbin Banks answered when tion is completely untrammelled ... that asked why she does what she does, " It's means there's no fucking curve so the As where the money is." tlow as freely as h1s student's unjustifiable contempt for his rights-based conception Trusts ( Oosterhoff} of pri\·ate law. Oh yeah, that's the other Professor Oostcrhoff Isn't a bad prof reason to take this course: it's taught by p<.:r se. I Ic's brilliant (he wrote the book!), Ernie \\'einnb. '\eed I say more? and h1s inappropriate remarks ("the girls were deaf and dumb") made the lectures SECOND SEMESTER amusing at times.

But the problem with Trusts was that he Evidence (Thompson } assumed a lot of things. I le assumt:d that This is easil) the worst course I have ever all students were enrolled in the course taken. That doesn't make much sense bein August, wh1eh \\as the only time he cause most people who have taken Evisent out the course syllabus and an 11- dence at our school really like it. So what page propertr law review. lie assumed went wrong? I will tell you- they invited that the topics in thts review- such as a professor from Dalhousie to teach it.

"The I·ee S1mple Subject to an Executory Big mistake. I will gt,·e him the fact that he is very well-respected, he has had a lot Umitat.on" were tn fact review for s; u of im·oh-cment in family law reform, and dents who spent months discussing J" S v. AP and/or St. Catherines ;\filling m e\ en apparent!) started the legal aid clinic at Dalhousie \Ia} be he should have their first year property courses. stuck with that though, because I don't lie assumed that, because he wrote the think teaching is his thing. \\hat could (1219-page) text book, most every detail in it is important and should be covered and should be very mterestlng material in lecture as well. But, in the text itself, and cases, is ruined b) h1s incoherent he also omits important details and as- ramblmgs, irrelevant stones from Halisumes that "the student will have studied fax, "mile a minute" pace of spealcing, (perpetuity rules] elsewhere" and there- and inability to make things clear. \ s you fore they need no explanation. (I'm in- can probably tell, I really, really don't like clined to agree with the guy who had the thts guy or this class. So, whatever you do, book before me, and scrawled in re- don't take evidence if a certain prof. sponse "I suspect you are omitting the from Halifax ts teaching it next year. rules b/ c they are so fuclcing complicated.")

Governing Governance (lac) ror anyone who has taken Biz. Org., you arc ~ware of all the wonders of corporate govern:1nce. And, if you enjoyed i~, the~ thts is the right course for you. hrst ot all, there is little, if any reading. It is also n seminar course. Finally, Iacobucci teaches it, which is probably the best thmg about. it. This guy knows it all. The one downside to the course is doing a group presentation, which as law students, is about the worst thing that can happen to someone. But e,·en those ha,·e been rclatiYcly pain free so far. 1\ll you really haYc to do is show up, and come up with some questions to get your participation mark. Pinal!:; you can also cover your extended regutrement in this course, ;nd if you like corporate anything, then this is the best way to get those 40 pages of shit out of the way. The course, professor and discussion offers much more insight into corporate law and goYernance than Biz. Org., and at a much more detailed level. Definitclr one I would rec om mend for anyone ''- ho is into corpo rate anything.

ALL YEAR Legal History Workshop ( Phillips) The onh thing you really need to know about tht class is that you get free dinner and dnnks at the Duke afterwards.

The bad news is that you haYe to read and comment on papers \VIth such attcntion-grabbmg titles as "Rehabilitating L.:nitcd Canada's Bar through Criminal Law Codification, 1847 to 1852." But as far as two-credit workshops go, you could do a lot worse (i.e. stale sandwiches in the Solarium).

Ruthie cont'd. from pg.1 0 tht. sam~.; time you are headt..:d out for a wild and crazy adYenturc. Phones and emails keep you in touch, and I can pretty much guarantee that you will barely have time to think about what people back home are doing.

Also, try to think of the bright points of going abroad with a group of girls.

G1rls are excellent wing(wo)men because lady travelers assume that a guv who is out on the road with bunch ot" ladies must be a good gu). Whether or not you actual!} are, perception is e,·erything. Other reasons this is a perk: girls don't smell as bad in a hostel room and they attract the coolest guys to play tour guide, which can translate into a new gro up of budcties for you. My feeling is that you haye nothing to worry about.

12

ULTRA VIRES

FEATURES

l\1ARCH

Interview with John Papadopoulos MARl.\ Zl lDI~

(only?) love song ever written about a big firm Iawver.

3. Consh;utioflal ".Mandela Day" by Simple M.inds 4. Criminal"Is it a Crim e?" by Sade 5. Proptr!y: " Run's House" by RUN DMC - "Whose house????"

JAP 1\, HOD POLO SOUP

In last month's issue, we published a sur- Slop poop. I like "a loan Judo pop shop". vey in which John Papadopoulos was I loved going to the Pop Shoppe owned '* Cast/be Bealles with U of T law professors: voted most under-appreciated staff b} the former hockey player Eddie 1. John Lennon: Sujit Choudhry member at the Facult). Little is known Shack. You could pick 24 bottles of 2. fungo Starr: Lorne Sossin about the inconspicuous yet vitally im \\.hatever flavours you wanted. I would 3.

Paul McCartney: Martha Schaffer portant Information Services Coordina- take them home and then never drink 4. Georgt Harrison: Patrtck Macklem tor at Bora's. \\'e dec1ded to find out them. more about this man. Our invesrigaoon * !Pbati tbt btal'iestlau.• b~ok. in the libra!)'? led us co conclude that John Papadopoulos is not only master of the library, he is * Pide the ulhinale 80s/90s songfor eachfirst Physically, the Supreme also king of pop music trivia.

Court Reports from the 60s or 70s. Metaphorically, II 'blfh of thefollollifl.gfo"'ous people I always feel stupid reading U<IS '\OT a libranim at soffle point? professor Dyzenhaus's 1. Dat·1d H11111e stuff.

2. Casai!OI'a

3. Mao Tsr-THfl.t: 4. J F:dgar Hoom

* wrbati the /Jest row in the library lo make out in?

5. TS. l;"ll'ot I know Casanova HoO\·er?

[A: T S. Lliolj

was

I've never witnessed anything even close to this at the library. This means one of two thmgs: either people never do it because there isn't really a good spot, or the spot is so good that l never catch them ... hmmm.

one.

*I bear)'Oil are a b{e,fim of 1980s If/liS/(. Hury uu.is said iii hip lo be square? Discuss \ tn\n\1.. Hue') Lew\'& wa'> wmng.

His ~·ersion of square was himself - which is /arne. So I don't agree.

* What tt'OIIId be the bardrst CD to l/t•e "P for Lent?

* lt7 bat u•ere the most legai!J significant bands of thr 80s/ 90s?

Bad!~ Drawn Boy, "The

llour of Bcwilderbeast"

1 ~e Snuths and their royalties dispute. It's a partnership law caseassumptions as to how partnership earnings are shared. I use this case in a class I teach because the English Court of Appeal talks about how "difficult" Morrissey is as part of their judgment.

If you have time to waste, search famous people on Lex.~s/Nexis and you'll find cool petty disputes among band members.

* Ifyou had 2 ticket; to lr"ham uvo u·ouldyou takd Bullet Questions: 1. Pm orpmcil? Pencil 2. Paper or elutronic resources? Paper 3. ll7utlau• orQuickiaw? Westlaw 4. Britnry or Cbristina? Neither. I dislike them both.

*Ifyou wert in a rot!fr band, what would yo11r band name be (i.e. Hootie and the Blouftsh, john and tht ?

5. NSync or Backstrert Bqys? Backstreet boys. "I Want It That Way" is actually a good song regardless of who sings it.

6. u·rhose lips are bigger, Stmn Ijleror Mick Jagger?

MickJagger

"John and the Plagal of the Fourth Tones" is what I'd think is cool but only a Byzantine musicologist or chanter would get that one!

1. George •' fkbael or Bqy George? Boy George 8. Stroumboulopoulos or Sttujalapagus? Stroum-

* fPhat would beyourpse11doname for a

9. Dell'!]·decimal or Library of Congms f]Stem? u-

smallgroup paper?

boulopoulosll! He's representing for the long name Greeks! For those of us whose name curves in a rainbow on the back of our jerseys. brary of Congress

"BadlyDrawnBoy"

* 90% of the anagrams foryour name involve the wordpoop. Which of thefoUoUJing anagrams ofyour name do you like best?

LAD JOHN POOP SOUP A LOANJUDO POP SHOP

year class: 1. Torts: " You Give Love a Bad Name"

by Jon Bon Jovi. That song is an actionable wrong.

2. Contrads: '1aime" by Weezer - The best

l like the Wham songs that ha\·e Andrew Ridgley (a.k.a. "the other guy from Wham"). I would totally take my wife because we would both find it funny. Wham Rap is a fine p1ece of music regardless of who performed it.

* If you had to create a toundtrack for your life, which songs wouldyo11 pick for the 4 most significant events inyour lift?

1. Birth: "Bittersweet Symphony" b} The Verve 2. Law school: "The Emperor's New Clothes" by Sinead O'Connor because there's a line "how can I possibly know what I want when I was o nly 21"

3. Working in the library: "Wrapped up in Books" by Belle and Sebastian 4. Death: ''Tonight We Fly'' by the Divine Comedy

20, 2007

Advice from the CDO

should also start focusmg your energy on preparing to get back on the recruitment horse, so to speak, in time for articling interviews. As students said at a recent Articling Panel, try to put the OCI bag gage behind you and start with a clean slate.

All is Fair in Lova

Know what you're dealing with in advance

and.._Work? Job

Saakar Advica SH.\:-.;~o:-J Lr:o AND LL\"-:Nr KRAKJ\t.,ER

The term is wrapping up and while you are taking a break from studying and contemplating }Our next career move and life in general, we thought we could spark some excitement about \.\.·hat can often seem a Yery daunting task finding a summer or aruclmg job.

Spring is in the air, and so the CDO 1s taking a fresh approach to describing the job search process. We mean no offence by th1s analogy, but the truth is, looking for a JOb IS like lookIng for the right mat<.: an<.! 'hould be approached with the same thoughtfulness.

The comparisons are boundless.

For example, the On-Campuslnten·iew process 1s often equated to speed datmg 1.e. it's a rushed and often awkward first encounter; there's a lot of pressure to make a dazzling first 1mpression, yet the conversation seems superficial and It's hard to know exactly where you stand when it's all oYer in less than 20 minutes. On the other hand, non-OCI interviews whtch take place at the emplo}'er organization usually offer a lot more information, allow the participants to get to know each other much better, and can result m a much more meaningful and long-term relationship.

For second year students about to go through the arncling recruitment process, rest assured that these interviews are the latter type of interviews.

The process ttself offers a greater variety of potential matches and you will have a chance to meet with people in more natural settings right from the start.

For those of yo u who went through OCis and your egos are feeling a bit bruised - don't despair! There are many more (and potentially better) options on the honzon. Although it is still important for you to clunk about what you are gomg to d o this summer if you are looking for a job, you

COO continued on pg. 13

COO continued from pg. 12

Like dating, it's important to make sure you know what you're getting your self into in advance, or to "do a background check." In preparing for arocling, it's also important to assess the situation to determine the best course of action.

Timelines: Think ahead about articling rimelines in planning your summer. For example, if you are going away on an internship or traveling you'll want to make arrangements in advance regarding logistics, such as delivering applications and handling call day. Also think about the timelines in terms of flexibility - it will take some rime to put together excellent articling applications, deliver them, and then interview- so you may want to take a job this summer that has more flexible hours, such as a research assistant position.

Be aware that various junsdicrions out-

FEATURES side of Toronto, from ~tississauga to Calgary, recruit earlier in the summer while Toronto and Vancouver recruit later in the summer. -\11 of the recruitment dates are av:ulable in the 2007 Articling Handbook on L'Tiawcareers.ca and it's a good idea to get familiar with them now.

Background Research There IS a huge vanety of articling employers that may not have hired during fall recruitment so you'll want to start becoming familiar with the increased and diverse employers who you may not have known about before now. Generally it's a good idea to apply broadly, so you'll have the most choices and opoons for interviews. To fmd out more about who IS hiring see the employer packages currently available in the CDO and on UTLawcareers, or you can do customized searches on UTLawcareers by choosing the "arricling" option in the Employer Database.

Application/Interviews: You'll want to revisit your resume and cover letters to determine what worked and what might need revamping for articling recruitment.

It's Important to think in advance about how you tailor your applications to appeal to various articling employers of different sizes, with different practice areas,

13

anJ different work environments. One you ha\'e to offer an articling emplo)cr. size fits all doesn't alway~ make for an ef- If you aren't sure about the areas of law fective strategy. \'\'e under~rand that it can )OU arc interested m, this summer may be daunting to create a whole new slew he a gooJ opportunity for you to get of applications for this process, but it is some exposure to areas of interest and important to put the right amount of test those waters. For example, one tuthought and energy into this. Like dating, dent at the recent Articling Panel dcno employer wants to feel like you aren't scnbed the benefit of working with really interested in them or that they're PBSC's Family Law Project which congemng recycled goods 1.e. cover letters firmed her interest in litigation and exyou've used a million omes before. '\ou'll posed her to lawyers who told her about also want to start thinking about how you their practices. can work on your interview skills. This is your opportunity to put some additional What to do in the meantime? thought into interests you may have deFor some people, fmding a mate can veloped and skills you may have honed over the last year. Plan on conung to the be a process of trial and error, while for summer COO sesston on Preparing for a lucky few they find the right person easily and quickly. For most job seekers, Arocling Interviews. it's also a process. The vast majority of you will have several job changes during Making the right connection your life. For now, look for a summer or In the dating world, they always say articling job that suits you at this point in you should start by knowtng yourself be- time based on the best information availcause the better you do the more likely able to you. If you do not have a summer you'll end up with the nght person. The job that will lead to arocles, consider same could be said for the job·search: the finding a job where you will acquire new more confident you are with your abili- skills or have a new experience that you ties (which are dictated by your interests can parlay into an articling job. and skills), the more appealmg you'll be to employers. Take some rime this spring to think about what you want to get out of your articling experience and what COO continued on pg. 21

INT ELLECTUAL PROPERTY

REACH & REWARD Meaningful work is in your grasp at Bercskin & Parr.

One of Canada's foremost IP law firms, it's also a place that values its people - and your input.

And that makes Bereskin & Parr a great place to grow.

We invite you to join us.

Bereskin & Parr INTELLECTUAL PROPERTY LAW

www.bereskinparr.com TORONTO

MISSISSAUCA

WATERLOO

MONTRtAL

\1 \RCH 20 2007

15

The Epicurean Advocate <.,If Ro:-;

Su UJ·RT wrn 1 <.t

J:Sr' HI· I .\11\RK PIC O:'\J·

This month's recipes come to us from Chef Mark Picone, B.A., C.C.C. of ~lark Picone Culinary Studio In Vineland, Ontario. Located in the hL'art of N1agara \\'inc Countn', and housed in an intimate, impeccably decorated addition to his home: .\lark's studio pn;\·idcs guests with a pri\'ate dining experience unpar;tllcled in the region. \lark has been working in the culinary field for \'irtually his entire life. I lis upbringing gave ~m an early start in culinary appreciation, as his family operates a specialty food shop In Dundas, Ontario called Picone's Foods. ,\ l ark obtained a degree in hotel and food adminiStration from the Uni\'crsity of Guelph, and tramed in a number of fine res~aurams_ in Ont.1rio before moving to Europe to where he continued to de\'clop his cultnary sk11ls for six years. \\'hilc in France, he worked at such restaurants as Trianon Palace (In Versailles), Perraudin 0n Biarnt%), and Chez Camille (in Burb'1Jndy). He then tra\'cled to Italy, where he worked at Antica Dnlceria Bonajuta (In .Modica), Ristorante Timli (in Cortina), and Ristorante Arnolfo (in Colle di Val d'Eisa).

Subsequent to his time in Europe, ~brk was recruited

by John I loward to lead his new restaurant at Vineland Estates \X'inery, where he became renowned as a pioneer of Canadian culinar)' excellence. In 2002 he was appomted to the Order of Professional italian Restaurantcurs, in recognition of his clc\·ation of ltahan culinary standards to a new level outside of ltalv. ~lark has also b<.:cn featured in a \\Ide \·aricty of print and broadcast med1a, inclucling appeara;ces on the Food ~et\\·ork and City-TV's Breakfast Television.

The Cuhnary Studio 1s ~lark's latest \'enture, through which he enables his guests to "experience a cuhnary JOUrnC) that makes a statement about the very best of the Region and the verv best of the seasons, with spectacular \ 1ews of a vineyard setung." · For more information: ~'V.'W.chefmarkpicone.com

r-----------------------------------------------------------------------• I I I I I

Pan-Seared Steak with Caramelized Fennel Relish

' Belle' Fromage Cheesecake Fennel brings the flavours of this d1sh to life. As an alternative to beef, try the relish with grilled halibut.

o r s ccess r arts t d nts

· 3 tbsp olive oil . 2 lb. fennel - sliced v." * 1 lb. onion - sliced 1/ . ' ' * V2 cup white wine vinegar * 1 cup white wine * 1/2 cup honey * 1 cup golden raisins * 1/2 cup capers * zest of 2 lemons * 2 tbsp fennel seeds * 2 tsp salt * 2 tsp white pepper

www .fmc-law .com/careers

* 2 8-oz. strip loin steaks

* 1 tbsp olive oil *salt and pepper to taste For the Relish: Heat oil in large pan and saute fennel and onions until soft. Add vinegar, wine and honey and cook about 15 minutes or until thick. Add remaining ingredients, reduce heat and simmer for 5 minutes.

'Belle' cheese comes from Monforte Dairy in Millbank, Ontario (W\V\\~mon­ fortedairy.com). The owner, Ruth who exudes that wonderful spirit of country living, deals directly with the local Mennonite farmers and trades the milk from sheep at fau market price. This rec1pe IS simple, straightforward and delicious. Try "servmg 1t with your favounte sauce or fresh berries.

'''

* Sugar for coating ramckins * 8 oz cream cheese * 8 oz ' Belle' cheese * 1/2 C sugar * 1/2 vanilla bean, split * 12 C cream, 35% * 1 Tbs lemon juice * 1 tsp lemon zest 1

Pre heat the oven to 350 F. Butter or spra} 6 ramekin dishes and coat with sugar.

Tap out excess. In mixmg bowl, combme cheeses and sugar. Beat until smooth.

Scrape seeds from the vanilla bean; add cream, lemon juice and zest..Mix well.

Divide batter between 6 dishes and place m baking pan, adcling hot water to come halfway up the sides. Bake 20 minutes or until slightly puffed. Cool and chill. These cheesecakes are best prepared a day in advance.

For the Steak:

FRASER MILNER CASGRAIN LLP MONTR ~ AL ·OTTAWA· TORONTO· EDMONTON • CALGARY· VANCOUVER. NEW YORK

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Spnnkle steaks on both sides with salt and pepper; press to adhere. Heat oil in heavy medium skillet over medium-high heat. Add steaks; cook to destred doneness, about 3-4 minutes per side for medium-rare. Serve with Caramelized fennel

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16

ULTRA VIRES

FE\TURES

'Twas the best of times, 'twas the worst of times: UV surveys graduating students If you want advice on law school don't go to Lawbuzz, choose the source that counts, the source with real stories and real experiences. Ultra Vires went directly to this year's graduating class and asked a randomly selected group of students for their thoughts on the law school expen cncc. These arc their nicknames and sto rics.

DE: First year for two reasons: First, the marks arc a whole lot more mearungful than any other year. Second, you haven't figured out that required readings aren't really requtred.

IB: Second year, because there ts so much else going on Gobs, moots).

lt/'hirh yar of /au· school 11•as the easiest?

(Pitase stale ui!J)

AS: Adam ne ~lapelle') Shevell MR: Meghan (''The Future is Smiley') AS: Third year, assuming you go on an Riley exchange and haYe employment lined up KS: Kevin (''Sruhng My Own') Shipley KB: Kathryn "'I ly like a') Bird MR: Third year. I took all courses for inDE: Daniel ("Raoul is no fool'') Engel terest. I arranged my schedule to suit my IB: Ian ("Don't Rmg The") Bell lifestyle. I began reading more fiction and going to the gym and basically reclaimed Jr'hich year of law school was the to11ghut? other parts of my life that I had put on (Pitase stale uqy) hold for the past few years. Also- I've made choices that make me excited AS: First year, because you don't know about articling and the future. the lay of the legal landscape yet and you have few points of reference to gauge KS: Third year. There are no real worries, where you stand. provided you have secured an articling job already. You just have to make sure MR: Second year. I totally fell in love you try and stay focused: easier said than with the study of law in first year and although I worked my ass off, I enjoyed done.

IB: I spent most of my adult life in an academic or quasi-academic setting-either as a undergrad with a clear intention to go to grad school, as a grad school student, or as an actual employed or quasi-employed member of academia.

After all this time you're bound to assume that the academic world is lcind of normal. Law school was a bracing reminder of the incorrectness of t!Us vic\\~

A popular sapng about U of T law s/11dents is thatthry are 'competitivl or 'mtthroat'- inyour experience hm is that tme? If not, is that sqying a nryth?

AS: People here are competitive, but it appears to manifest itself with self-driven students striving for good results and accomplishments. Students are competitive with themselves, indirectly competitive with others (meaning they care where they stand, but not enough to use cutthroat tactics to gain an advantage). Between students, U of T students demonstrate collegiality and are downright helpful.

every class and every prof. I worked at a KB: I found first year the easiest. There firm in my first summer, and by second are a variety of reasons why this is the MR: I heard that before I came here. My year, the bloom was off the rose a little case; Relative to the exttacurriculars l honest opmmn 1s that it can be a little b\t. l ~ca\h..ed that \ltactlcmg \aw might be took on m second and thlrd year, l had a competitive, especially m the first half of nothing like the theoretical learning I had minimal amount of commitments, I was the program. But by this point, everyone enJoyed so much. able to lean heavily on those around me (in 3L) seems pretty relaxed and supportto support me m my studies, my schedule ive. Basicall), .1-..arma is a boomerang. If It was hard to make myself keep up the same pace and, aside from my moot was organized for me, and I had a long you are loolcing for competition, you will (\vhich I enjoyed immensely) and my break in the morning that I used to com- find tt. But if you are more chilled out criminal procedure class ~1ichael Code plete a crossword (with help) and this and looking to make some fnends, you can make you passionate about paint dry- gave me a sense of ha\'ing a "life of will find that too. I am Yery competitiYe leisure". by nature, but I don't atm that at classing), the whole year was pretty terrible. mates. I aim it at people talcing me on in KS: hrst year. The whole experience was DE: Third year. For the opposite reasons scrabble. completely different than m) undergrad. as #I. Legal reading and writing IS very differ- IB: Third year (by a substantial margm), KS: This is an absolute myth. I have ent than the science background I had assuming you have your articling figured never seen any behavior that even reand some of the concepts (like what's a out (and assuming you don't somehow motely approaches the 'cutthroat' threshtort?) were completely new. get it into your head to write a 75 -page old. Books 1 need arc always aYailable, people share their notes, people study in KB: 1 found second year to be the most paper for 50 pages worth of credit) . groups to help each other and there arc challenging. Somehow I managed to get some great law school events and parties. through first year entirely oblivious to the 1f1bat one tbin._~ about either /au! school or the Law school is not cutthroat. fact that job hunting was going to be a proftssion, do you know now tbatyou lllish you primary part of my law school experiDE: Half-and-half. I've never met anyknew beforeyou began /au•scbool? ence! I really did believe that it would all one that is cutthroat and I've never had a just "work out". I found that I spent AS: It's a criminal offense to fraudulently problem with getting notes from anyone much of second year agonizing over perform witchcraft in Canada. if I've missed class. But I t!Unk there are what I was doing at the law school, what MR: I wish I knew that the profession is people who take themselves too senlcind of person I was turning into, what as diverse as the thoughts in class. There ously. sort of future I wanted for myself. It was is no need to wear blinders.

IB: There are obvious incentives to hydjfficult to not get caught up in the OCI process, which led to a lot of self doubt KB: That I didn't want to be a lawyer. percompetitiveness, especially the job and internal questioning. I t!Unk that sec- Probably would have been a good t!Ung market and the curve. But the nature of the profession also creates strong incenond year was the most challenging be- to know prior to talcing on $100,000 of tives to play well with others, so to speak. cause I had great difficulty separating loans. Oops.

Tlus seems to create a balance which is in what I needed and wanted from a law de- KS: There really are lots of good opporline wtth most people's natural inclinagree from what those around me ap- tunities and careers that don't involve Bay nons. I'm personally grateful that lots of peared to want. 1\.ow, in third year (I Street or OCi s. I know most people have people were willing to send me electroruc hope) I have managed to figure out heard tlus, but it didn't really sink in for sets of notes from classes I missed, where I fit and how I can reconcile where me until third year. It really is true, but knowing full well that I'm a Luddite penI came from with where I want to go.

I'm not sure how you convince potcnnal

,............. .

•

_ tt. t t.t.t.f.tt.t.t_t_t ,t.t,t).t~•.t.t.

PJ.t.t.tl

and-paper person who no sane person would want to get notes from.

students.

Tbe proftssor who has had the greatest impact on my /au' school txperimce i s - - - - - - ' and wby?

AS: Prof Reaume's high expectations in first year have impacted me most. \X'hile I've enjoyed and been entertained better by other profs, somethmg about the combo of Reaume's high classroom expectations of her students and her unequivocally principled approach to law that had lasting scholastic merit for me.

MR: Michael Code. He taught me criminal procedure in second year. Hands down he has had the greatest impact.

He's the guy who throws a party for his whole class after the exam and makes sausage and plays Neil Young records.

He's the guy who will accept you into his office two days before your moot to run through your submissions, even when he had no notice. He's the guy who's unafraid to be open about his personal life and who never boasts about his many accomplishments and high profile legal involvements in his professional life (when

r,t,f.',f,f.f,t,t,f,t,t.t,f,f,f,~.f.f.t.t.f,f,t,t.f.f.t,t • • •• .-••

l\1\RO I

20 2007

of the "law" were questioned and I had the opportunlt~ to voice my concerns about the world\·iew expressed through the judbrmcnts of the tirst rear curriculum. Prof Johnston encour;ged her students to think critically about the law and reminded us continually that just because the Supremes were the smartest lawvcrs in the country d1dn't mean that they \~·ere always right or free from bias and prejudice. Prof. Johnston has continued to prodde moral and academic support throughout my time at U of T and I am forever grateful for her encouragement and guidance.

DE: .:\1artha Shafer - really did a good job of tcachmg us how to write a law school exam.

IB: 1 had the good fortune to work with Lorraine \X'einrib as an summer research assistant and with Hamish ~tcwart on a directed research project. Both were very rcwardmg experiences.

lr'as the slutfy of lml' more or less dmllwding tbm]OII e. . .pected it to be? IF'hat doyo11 attri/J111e your response to? (i.eyo11r exceptional smmts) AS: Less demanding - probably due to m} exceptional smarts and cunning intuition.

17

FEATURES MR: It was more demanding. 1 was not used to being challenged, and 1 think I had grown a little complacent by the time I nrri\'cd at school.

KS: Less. Every year in undcrgrad I had about 30 lecture hours a week, plus assignments, tutorials, labs, midterm~ and exams. Law school ts approximately 14 lecture hours wtth no assignments, tutorials, labs or midterms. You don't actually have to do anything 10 law school until tht last couple weeks of the semester. ~urc., reading for class is helpful and starting your paper early might help, but it isn't necessary. This makes law school much less dcm:tnding.

KB: 1 ha,·cn't found the study of law that challenging, but 1 suppose my grades would attest to the fact that I dearly don't g<.:t It, or work hard enough. I thought that studying law would in\'olve much more critical analysis, but l find that I spend much of my time fi!-,ruring out how to spit back at the Prof the thmgs they said in class in the way that they want to hear them. My undergrad was much more challenging. But then again, I think that I might just be too lazy or uninterested to figure out exactly what I am supposed to be learning.

tiona! marts. Ju~t kidding. I dunk it was as about as demanding as cxpccwd.

IB: It was about what 1 expected.

en urc that teaching future legal profe sionals is done to the best of the law school's ability and the admimstration doc n't appear tO be responding to the student critiques and concerns.

Is tbr AdiiJinislralion at U of T I...au•mpon· Stl'r to s111dent totuems( Is therr m!)tbing the admmislmtion cottld do to be more respon.ritd

KS: ~o. '!'hey say they're listening, and perhaps ther<-= arc some slow changes, but they certainly aren't quick to act.

AS: I think the area in which the J\dmin could do more is in the area of tinancial aid. ' ot onl) prm·id1ng financial aid to ~tudcnts, but assuring that back·end debt relief is a functioning, helpful program and not a lip-service sham. If lJ of T \\-.lOts to step up and play with the big guns like Han·ard and Yale, they'n= got to provide programs that work

IB: I don't know.

MR: '\.o comment.

KB: I am part of the jaded group of stu· dents that has difficultly separating RonOIL D's reign of terror from the current administration. 1 suppose that the current administration is better than it was in my first yt...u, but student concerns arc still not g~vcn adequate consideration.

Teaching and the student expcncncc still appear to be low on the hst of concerns.

There is great resistance to making faculty prm·idc feedback, be available for office hours and pro\·ide extra assistance to DE: Less demanding due to my cxcep· students. A lot more needs to be done to

Tbe tbing tbat bas disftppointed nJr tbe 1/JOJI ahoul /au •scbonl is _ _ _ _ _ _. AS: Students don't gi,·e a fuck (grades excepted) ..Mainly about participating in class -- no one (except Chris Graham) comes to class prepared and ready to get mvoh-cd in discourse. \\'hat a waste...

MR: That I wasn't able to take certain courst..\ due to the lottery system.

KS: The lack of meamngful feedback and constructive t.valuanon. I don't th ink my reasoning or writing slcills have impro\·ed at all during my umc here - only my perspective and W>cabulary ha\·e chan~ed.

DE: Steve Birman (Editor's t':ote: Pretty l ....mc) TIMES continued on pg. 19

he could). He's one of only a few professors that gets JOvolvcd 10 Law l'ollics. 1 ~<-

cares about teaching and he cares about students.

KS: NA. I don't really have a strong personal or academic connection with any particular professor. ~\rnold Wcmrib was my small group prof, Karen hnop ga\'c me my first 'N, Trevor farrow gave me a 'C+' these arc all something, but I wouldn't say any of them arc. a detining moment. Law school isn't about the profs.

KB: I get that we arc only supposed to pick one - but I can't choose, so I am going to talk about two people.

Prof. Reaume. was my elccuvc prof in first year. She was a wonderful professor, but more importantly, she truly supports students and wants to help us succeed.

Prof. Reaume is exceptionally supportive of student events, she attends many of the activities that she is mvited to and provides a constant support system for female students. She is willing to discuss any concern rrused by her students and is truly engaged in ensuring that people grow as students and human beings throughout their nme here. She made me feel as though I was part of an academic community and not merely a professional puppy mill. Her support of students ts unmatched by any other faculty member and this is something that has deeply affected many of the students that have come through the law school.

Prof. Johnston taught me Aboriginal Law in second year. It was the first class in which the fundamental assumptions 1

.,

The Cult of Che: Guarding the Fault Lines of Social Isolation d All-Inclusive Globalization A photo essay by Adam Shevell What a relief that Che Guevara died in 1967 - at least for Fidel Castro and the political establishment of Cuba. For absent his death, the Cuban regime would have been robbed of their priceless poster boy of the Revolution. Forever young. Forever persevering. Forever fighting for ideas that are just. If Guevara was an unrelenting ideologue, his survivors are even more unrelenting in exploiting his legacy, frozen in time. After all, if Che were alive and well today, would he not be the same old tired face of defiant Cuban communism as his one-time comrade Fidel? ... (story contin ued on p g. 21)

IB: Yes. Law is intellectually fascinating if you ~tudy it m the right way, and U of T pro\'ides an idc:tl academic atmosphere

TIMES continued from pg. 17 IB: It has a more than passing resemblance to high school.

to do 'o.

IFhm somrhot!J• asks 111r if thf)· sho11/d J!.O to fall' school, "!Y mwur u AS: Check your head -· do you have concrete plans th:u need a legal education or are you just a smart, talented person with no direction? If the latter, law school will create more existential angst, not less.

AS: 60'Y<, •• but I 00% until 4 years from nO\\. I thmk the 5-year mark will be time to e\'nluatc my desires for the next

.1' Ire)'Oil

decade.

MR: ~ot sure at all. I am intercstc.:d in

KS: Surt, why not? I t can't hurt.

goes.

KS: Prett\' sure. 1 don't really have an awesome ~lternath·e career goal in mind.

I guess I'll sec hem things play out.

KB: r am pretty positl\'e that I will not be a Ia\\ yer. I f 1 am, someone should check whether or not I have been lobotomized. I hope to be doing PR work for Charities and First :-..auons, or lobbying the go\'ernment for \\ hiche\·er cause strikes my fancy at the time.

DE: 50%

DE: Only if you kncl\\ what you're get-

IB: Pretty sure, gm.:n a sufticicntly wide

ting yourself into. '-.ot because law school is that stressful but because if you fa\\ -:ictim to the go\dcn handshake, you

definicion of the practice of law.

'i\lu

\t \n \l) ~~>u\u

~eats.

\v.\.\1<! .•,

g~>·.ll

\n m\nd. \\

If

thne is one thillJ?,J'OII could of 'I' law n·lwt ll'tmlcl it be?

cot!fidmt i11 yo11r abili()· lo gain j11t11rt' rlllplq;w;ent nou• that)'Oil hal't' a U of T Lall' Df.!!,m? .1' Ire)'Oil CO!!fidml that)'Ott art' lt'tll'ilze, u·ith tht• skills necma!Jfor that mplf!)IIJt'llt?

AS: Yes and res

MR: '\ cs. Some people would ha\·c preferred more ci\ il procedure and/or more legal research and writing. I liked the program the way it wa~.

KS: I am confident that I will be able to gu a law job with my degree- but I think I would be just as confident with a law degree from any other school. I do not necessarily feel that tJ of T has given me a large set of useful practical skills that will help at work; but I'm not sure that is the purpose of the degree. I do feel that my thinking has changed- perhaps that's

ested.

ffi\).'') tc~tct

IB: Somehow thc.:re's a natural tendency for tirst rcMs to buv into some artificial 1dea of \~'hat a "typical" L' of T law student is. This should be acti\·ely discouraged.

many thing~. I'm articling at the department of justice and we'll see how that

KB: Thmk really, really, hard about it. .\fake sure you want to be a lawyer, and Me w11ling to rake on the debt load. 1 also advise them to actually im·estigate the school they sign up with, just because U of T has the highest tuition, doesn't mean we arc actually the best school. It IS important that students ensure that the school they chose to attend proYides courses, faculty and clinical education in the area of law in which they arc inter-

arc exceptionally needing, or exception· ally wealthy IS my top priority for change.

I loll' Jim' areJOif thai;ou uii/IH practici11g fall' 5 }'t'ars jro111 /lOll'?

M R· Absoiutcly.

"\.~·.

U LTR:\ \'I RES

FExrURI ~

20

enough.

cbatl}!.t a/Jout U

/aw $Choo//ooks like the right way to at· AS: Holy f**k, I really have a hard time with thl~ one. ,\ social gathering place.: t.1in thM goa/, go for it. that scn·es alcohol is an invaluable gathering point for sharing and discussing; it Do )'Oil tbif!A!)Oil Hlade the ~e,bt drcisiofl logo al!'o nourishes student-prof interaction to /au• schook If ys, did)OII choose the right out of class. Think of all the cash wc\·c sunk to keep the Duke and 1\cadcmy schook atloat. Imagine. \\ l).,.t kind of student AS: Yes and yes. I considered ~1cGill, but programs the SI .S wuld fund if they ran it's still hving in the 60s. I considered their own in-house.; pub???!!!

UVic, hut Cofr offered me more money.

MR: I would lower the tuition, and admit MR: Yes and ye.;. I'm sure that I would students from more diverse socioecohave enjoyed any ~chool, and l hate nomic and regional backgrounds. school snobbery, hut l ha\'l! made some wonderful friends and I have had a blast. KS: Lower tuition or- actually get something of additional \'alue for the money KS: Yes. Yes-ish. I really have nothing to (i.e. actually have a smaller class size as compare UofJ' with, and I ha\·c secured adYcruscd). All the fancy financial aid an arucling position that I like- I can't :;chcmcs that the faculty is so proud of complain about my choice of school. wouldn't be as necessary if tuition was KB: i\o and ~o. I didn't really think lower. I'm not com1nccd that a U o tT about why I was coming to law school, it degree is worth twice as much as other seemed like the most "mature" and "re- schools. sponsible" thing to do after undcrgrad. I KB: We need to haYc a better financial d1dn't really consider the debt I would aid programme. The back-end debt relief have to take on, or the fact that I was needs to be beefed up so that students going to be a lawyer when I was done. ;\s who accumulate debt ha\'c a way to get for schools, I think that I probably out of it while working oYerseas or in should haYc gone to a school \\lith less of non-~raditional legal posttions. It makes a "Corporate" focus, or one that was no sense to have a restriction on funding cheaper, probably just one that was that says that if you don't qualif} for supcheaper. I don't think we actually get a port on the way in, you can't access it on better education for the extra money we the way out. If you graduate With large spend. amounts of debt, you should be able to DE: 1\.iot sure if I made the right choice access backcnd debt relief, regardless of to go to law school. I think that can only if you qualified for financial aid in the be answered after I work for a fe\\.' years. first instance. Providing all students with But yes, 1 did choose the right school. adequate financial aid, not just those who

KB: HaYing a professional school degree from anr institution is helpful when searching for employment. 1 don't think that it gi\·cs me any skills, but it dctinitely gi"es me "Street Cred" and makes n1e \ook hke a r esponsible member of soci-

ety.

DE: Yes IB: Yes. There are a lot of things )OU can learn on the job, and U of T rightly focuses on the kind of education you can't get on the job.

MARCH

20, 2007

FEATURI .S

CHE continued from photo essay centre spread, pp. 18-19

Judy Finlay Takes Early Retirement Last semester we learned that Judy Finlay was on a leave of absence from the 1\dmissions Department following allegations that she had directed insensiti\·e comments towards her former co-worker Farah Yamecn and her decision to wear a hijab. \X' hen l"inla\ left last ~Ia) "neither her co workers or the admtmstration knC\\ 1f she would be returning to the Ia\\ school. How(;ver, Finlay had informed L'ltra Y1rcs that she was in the process of tiling a grievance against the I acuity of Law. At the same time, Dlan ,\loran informed us that she \\ :1s unwilling to comment on pc.rsonncl issues inn>lving Judy Fiola\. Smcc that time the admission's office has hired two new full time employees and Judy Finlay's name has been rcmoYed from the \ ·acult\· website. \Xe contacted Finlay to find out about her status at the school and asked her to retlect on her many years at the law school. Finlay left us wnh the following response: "I ha\·c decided to take early retire-

21

Cubans remain unimaginably kind and warm; wuh each other, ~ith stranger tourists. Cuban culture is one of community values and of sharing both the burdens and benefits of hfe.

Chalk it up to socialist egalitarianism or human ~>Urviv:ll through tr}ing times, but Cubans share a sense of fraternity ~ith each other that is quite unimaginable in Canada. People look after each other, and they are eager to :;hare stories and histories with outsiders, who for them arc a window to the world beyond thdr island. Dc.-,.;pitc.· the archaic srmproms of Cuba's social and economic woes, it is the warmth and genuine ho~pitability of Cubans that imprcssc~ most on the unsuspecting traveler.

That, and the enduring image of Che . ..

Traveling through Cuba, one comes across Che's mug shot more often than hitchhiking to~nspeople: on a btllboard ~~oclairning lofty revolutionary idt.'a!s; on an apartment budding adpcent Plaza de Ia Revoluc1on where Cubans gather en masse to listen to Castro's famous oratones; looking over left field at Havana's maJor baseball stadium; on nearly everything being hawked to tourists; on the 3 peso bill.

But even the mystique of this revoluuonaq may not be enough to keep the boat of Cuban socialism on_ cours~. After 30 years of splend1d 1solauon afforded through their alignment With the Soviet Uruon, Cuba faced intense economic shocks 10 the early 90s. With the fall of the Sovtet Union came an overnight halt to the economic support from the1r ideological brothers from the north, causing the Cuban economy to shnnk b} a dramatic 60 percent. The 90s were lean and trying rimes 10 Cuba, with intense economic and social restrucrunng carried our by the strong-armed government.

Part of tlus restructuring has included the slow but steady opening to tourism to replace the hard currenC) transfers during the Soviet years. But this welcoming of foreigners has been an uneasy dance for the Cuban government. While the government 1s keen to bring euros and dollars to the island aboard airplanes full of sun·loving vacationers, at the same orne, the powers-that-be strive to mruntain the former social isolationism intact. From strict controls on locals who work in the tourist industry to dissuading Cubans from consorting with stranger tourists, the government has been attempting to maintain their island's former isolauon while at the same time carving our a niche for tourists to spend their money.

An untenable situation, but one that persists.

Castro's socialist revolution was fueled by the resentment felt by Cubans at being second class ciuzens in their own country; a country overrun with wealthy Americans who owned the major sugar and fruit plantations and who decadently amused themselves across this tropical paradise. The Revolution was meant to remed} this tnequality that Cubans endured under the corporatist government of Fulgencio Bausta. And it largely did.

Yet, tn today's Cuba, there is a new sort of exclusion en v1gueur. The development of the toumt mdustry while at the same time attempting to mruntrun social isolation has meant that once again, Cubans ftnd themselves second-class citizens in their own country. The irony of this pragmatic form of quasi-opening IS not lost on many Cubans. Some of the most pnsrine beaches on the island are guarded off from local Cubans (except those that work in the mdustry) for the benefit of all-inclustve vacauoners. The disparity of means between tourists and locals, not to mention some government pollaes (such as forbidding locals from eating lobster so that tourists can pay to eat It), makes it all too clear to Cubans that they are at the losing end of inequality. Again. Much like in the Batista days, peace and order under such conditions of inequality is enforced by the ubiquitous presence of the police.

Despite this bungled form of concurrent social isolationism and tourist-buck courting,

COO continued from pg. 13 Is legal experience necessary?

Whtle tt would be beneficial to ~et some law related experience in a summer job, it 1s certrunly not necessary to work at a firm tn order to get an anicling posinon. In fact, one student at the, \rttcling Panel said that his second year summer job as a research assistant was appealing to firms during intervtcws because of his extensive re searching and drafting expencnce.

Another student worked in construction after second year and he impressed a Bay Street firm with his capacit) for hard work and hls positive outlook on life. Also remember that law related experience does not ha\'e to come from patd work - you can learn a lot and make amazing connections by volunteenng with legal organizations. If you are looking for advice on organizations that match your interests, approach

Look for the "set up"

Be proactive by Introducing yourself to people in the legal community and

asking them about possible wo rk or Yoluntcer options for the summer.

There is an art to this, so if you feel uncomfortable please come in to the COO for a meeting or refer to theThe Information Interview hando ut on UTiawcarccrs. You can meet these people at COO sessions, through your commurut) and extracurricular involvement (PBSC, DLS, etc.), and by talking to your professors. In other words, ask people to "set you up" with lawyers who might have inform'ation fo r you based on your interests. If you prefer the more traditional route, a number of jobs \vill contmue to be posted on UTLawcareers well into the spring and summer.

We wish you luck and don't hesitate to come 10 for a meeting!

PBS C. \

ment from the UniversitY and I am enjoying retired life. I am doing some \'oluntccr work along with m) passion for hikmg, biking, windsurting

1-"ina/ Tho11ghts

and hopefully snowshoeing, hackAS: Keep it real with yourself-- maintain your indi\•tduality and commit to things that keep you happy and sane, C\·en if they take away from valuable study time. lf you can't culti\·atc a healthy 'work' / life balance in law school, how the f+'*k arc you going to do It when you're practicing law?! Usc your time now to tigure out wha"t you need in your weekly routine to keep you e\·en-keclcd and health~~ You ha\'C the tlexiblc ume now-- take advantage of it.

MR: To my classmates: Thank-you for opening my mind. If any of you swing through Winnipeg, please look me up.

Sec you at graduation!

KS: The C\' editors arc great. (Editors '\otc: \X'c agree)

DE: \h a<h ICC

future years of U of T la\\ students: Don't take yourseh·es too seriously. to

I B: Thoughts??? Sorr~; after almost three years of wriung exams and papers, I'm all out of thoughts. :)

country skiing and downhill skiing. I am abo in the process of searching for a job in a non-profit organization to round out my semi-rcttrement years. I started working at the UniYersity of Toronto in 1981 and came to the law ~chool in 1989. I was hired by The llonourablc Judge Joan Lax when she was Assistant Dean at the law school. I had I(> wonderful years at the Faculty of Law rcprcscnung the law school at career eYcnts across the country and managing the Ad missions ( )fticc. I spent c\'ery work-

At McCarthy Tetrault, we are leaders in providing our clients with a unique depth and breadth of expertise that spans the country and all areas of law.

We attract the best and brightest talent to our ranks, fostering a diverse and exciting professional environment that offers many opportunities for growth.

ing day speaking with applicants and it was exciting to sec a new crop of the best and bnghtest students in the country join the law school eYcry September. The students were what made my job so interesting and worthwhile.

In ending, I wish the law school a bright future and continued success to all the law students who graduate from the law school and go on to take on challenging and dJycrsc career options."

By striving for excellence, rewarding creativity and promoting initiative among our people, we build on the successes of our impressive past to help develop the leaders of the future.

To inquire about articling and summer student programs, log on to mccarthy.ca/ leadership.

Do you have what it takes?

McCarthy Tetrault

The right people. The right results..

VANCOUVER

CALGARY

--· · --·-·--· ·-- - -·· J

LONDON

TORONTO

OTTAWA

MONTR£AL

QUtBEC

LONDON. UK

MCCARTHY.CA/LEADERSHIP

l\1 \RCH 20, 2007

0PI~l0'\S \ '\JD EDITORI \LS

23

Point/ Counterpoint: Ann Coulter and The F-word goals and open to other people's goals when they were different than their own.

Thank you to th1s rear's UV Masthead team, which operated as a team \\<itn each member filling what would have otherwise been a huge Yoid in the entity. Our then how? I must na\'e. What normal production editors Britt Braaten and person phrases questions like a t\vo part Kate \lcGnnn ha,·e gone above and beCharter analysis anyways? Law & Order yond the call of duty with their amazing sure is more entertaining now, although I work ethic and creativity each and every do miss Jerry Orbach. month. <)ur section editors, ~lcgnan ,\ friend of mine once told me that Rtlt:\, Stc\'t:n \\'cner, Dave Seevaratnam, she didn't think she would ever change.

Jonathan Song and Jordan ).ahmias h;n·e This \\'aS a point 1 debated vociferously. come through each month with top qualI said that was ridiculous because we are always changing, and while the differ- It}' journahsm and humour (ok maybe just humour). Our administrative dudes, ences may b,e subtle, change is one of life's few constants. Like most of my Josh La\ inc, Austin Acton, Eric Lavers conversations with the oppostte sex, it and Sam Ault nave been there every step of the wa\. \nd our first years, Andrea was a losing battle. '\Jevertneless, I do think that law school changes everybody Hasenbank, ~lana Zelrus and Sharon Stlin diffc.rcnt ways; nopcfullr it's for the bert, nave been excellent 1L _\mbassa dors. Thank-you also to all of the better. Don't try arguing with me.

I regr<.:t being one of the many stu- contributors, especial!) those that dents who got caught up m grades and granted personal favours for deferred stress during the first year experience. I consideration. \X'hlle I don't belie,·e think it's a natural tendency in this envi- these contracts are binding, I nave a long ronment, but the faster you reahze that list of 'IOUs'; keep them, the} are as betng o rdmary in this environment is good as cash. l will continue to respect this school c_xtra ordmary outside of Flavcllc and and our administrators and their form1 Palconcr, the. qwc.kcr you will learn to apdable task in balancing their obligations preciate law school and the nuances of to students, the University and the comthe study that may or may not snow up munity.

However, these obligations don't on your transcript. I trunk you need to aJways guarantee that our administrators are singularly focussed on our interests.

Thus, it is imperative that we nave SUIdents and instirutions looking out for srudents who will remain vulnerable because of the pressures of law school, the focus on grades and jobs, and the fact WE \RE ALWAYS CHANGING, that our time here is short. This school AND WHILE THE DIFFERENCES will always need students who take leadMAY BE SUBTLE, CHANGE IS ership roles and who are committed to ONE OF LIFE'S FEW CONSTANTS. voicing their ho nest opinions; even if it sometimes means creating a few ruffles along the way. I hope that srudents, faculty members and administrators show a willingness to express unpopular opinions. What better place than in Ultra I fires?

Farewell from UV Editor Stephen Birman cited anything; we just made things up.

So, I went to the librarr and John P. helped, so did Ted T.; they said, 'don't worry, not all of the professors are ilke that'. l had Benson for Contracts. A brighter, more disorganized, less punctual man, there never was. I had .-\rnie \\'cinnb t\vtce, an experience that should be mandatory. He gave three explanations for ev<.:r} thing but the third was always a no· explanation theory. I sun·h·cd a moot, barely. I worried through an extended paper (was it 40 pages or the same page written 40 times?). I took some upper year courses, read some "Game, set, match - time for a beer!" sratut<.:s ... and baba-boom, here's the finisntng gate. Arc you telling me that's it?

I had Rt:aume for small group; I found You can't be serious? I still don't na\·e a ncr mnmtdating, but effective. \ly first \lcGtll guide; it's a good thing Reaume assignment was rerurned without a grade \\Ould likch read the National Inquirer -never a good thing. Every footnote had before been crossed out in red. l was ordered to Dtd l change at all in the last three rc do them and get a }...kGill guide. l was )·cars, and if the answer to that is \eS, a C'.nmmc.tc.c. v;raduate, \_>\c.a~e\ We never

uv.

"

FIIOH THE MOMENT YOU ARRIVE AT BLG WE W ILl PI\OVIOE YOU WITH THE TRAINING THAT WILL HElP YOU TII.ANSITION INTO THE ~ACTICE OF LAW WE ARE COMMITTED TO ENSURING YOU GET THE LEGAL SKILLS AND KNOWLEDGE YOU NEED TO NAVIGATE THE WATERS OF PRACTICE. TO FINO

OUT MORE. VISIT USAT WWW.I LGCA NADA.COH/NEWL AWY U OR CONTACT ANY ONE OF OUR STUDENT RECRUITMENT DIRECTORS

I . . . .. ut•u Wf T H

nwMI

SIII YICI

set your own goals here; it's never healthy to look over your shoulder. After December first-year exams I had friends who knew everybody else's grades, who had already sized up the entire first year class. They asked me but I told them nothing. And they did what's only naturaJ for law students and assumed the worst.

If there is one thing I find frustrating it's that many of us do too much assuming by projecting our own vaJues on others. Don't judge others, judge yourself. ~eer pressure is a part of life always, but tf there ts o ne thing that's sure to make you unhappy it's choosing a law firm extracurricular activity, school, etc, b~sed on other people's impulses. I respect the people who stayed true to their own

Someone told me I had to leave this paper with words of wisdom, so here goes nothing: Be firm in your ideas, b ut not stubborn; be willing to step back for introspection, but not too much; admit when you are wrong, especially if you are usually right; take risks of the calculated variety, but don't over-calculate; find activities and companions that bring out the best in you, but don't rude the worst.

Finally, laugh at yourself and each other; it's a mark of strength. Best of luck to everyone. Stay Idealistic; enjoy the Journey and "Don't Stop Believing."

Cheers!

Revisiting the Sticks and Stones Rule Let's n ot overreact to a bad joke ln high school, most of my friends were either guys on the football team or girls with eating disorders. In undergrad, most of my friends were guys on the alcohol team or girls with eating disorders.

Presumably, this is now I "got by" as a conservative for so long. (Believe me, most of these folks were just elL\ <..r enough that they'd have thought "\tuffin ~1adness" was a mental disorder that dc,·cloped after a bout of Chlamydia).

Despite having free reign to ,·nice whatever opinions I had in my past, I lc:uned qu1te quickly in law school that acceptance as a serious person, with ideas and beliefs worth) of consideration, demanded that that my bundle of thoughts nm mcludc such oddities as: "pre-cmpti\"e war to remove barbaric ethnic cleansers from power is occasionally justified" or ",\nn Coulter and Rush Limbaugh might have a point."

wards is not gay. Coulter knows he's not gay. So logic would lead us to the conclusion that Coulter used the word "faggot" to descnbe Edwards' character as being unsatisfactory because it is akin to that of a homosexuals.

Is that right? I'm not sure. Let's look again at what she actually said: ''I was going to nave a few comments on the other Democratic presidential candidate, John Edwards, but apparently you ha,·e to go Into rehab if you usc the word 'faggot.' So .. I can't reallj talk about Edwards".

If \'OU read the quote with a touch of ob1ect1\ 1ty, its prett) clear Coulter was making a comment about societr •'

~Lions. Though righteousness is one of

A TOUCH OF OBJECI'IVITY, ITS PRETfY CLEAR COULTER WAS MAKING A COMMENT ABOL T SOCIETY

f I ere's the quote: "I was going to have a few comments on the other Democrauc presidential candidate, John J~dwards, but apparently you nave tO go Into rehab if you use the word "faggot".

So ... I can't really talk about Edwards".

Coulter's crime, of course, was the use of the word, full stop. John Ed-

.\h Gil:\:-; R11 h y

I grew up in a household with a mother who is empathetic to a fault. If I came home from school in tears after being tormented by the school bully, my mother's first response was, '\ou don't know what's going on in ;heir life.

Things may be very bad in their home," Sm1tla rly, if I had felt wronged by a tnend, my mother's initial reaction was, "maybe you did something that they felt slighted by. ~1aybc they were having a bad da\·." 1\nd to this dar if I talk to

.

·'

""'"''""!>~ua\\'1:"). \'- ""''-'' no\. a c\<:'1<:~ ,_a\.n

kd me to rethink both of those propo-

II· YOU READ THE QUOTE WITH

asshole. Period.

I agree that before we go getting offended by the use of a word, we should look at the context and we should look at the intention. But I don't bclie\"e that this actually absoh-cs 1\nn Coulter at all.

In defence of ,\ls. Coulter, Stephen points out that '>he wasn't actually calhng John Edwards a homosexual, when she referred to him as a "faggot" and that she had used this 'joke' in the past against Bill Clinton. Both of these men arc m:uried with children, therefore, where is the harm? This completely misses the point. In both of those contexts, the injury was not done to those individuals she chose to attack. The injury was done to the homosexual community and to society at large.

Ann Coulter was using a word which people know refers to nommexuab Qn tts modern meaning) and which has an ntremcly neganve and violent association / connotation (originally it meant bundle of sucks to be burned on a fire).

The word, as used by Ann Coulter, cannot be construed to have meant anythmg, hut a derogatory comment on

\\'irhout question, recent e,;enrs have

my favourite past-times, I have ret to be able to usc that fun phrase "I ~old you so" when it comes to the \X'ar in Iraq.

Coulter recently put herself in the spotlight by suggesting the word "faggot" as an appropriate descriptor of Democrauc presidential hopeful (and slip and-fall lawyer) John Edwards. To be fair, that doesn't cover the whole nuance of what Coulter said.

Ann Coulter is an

and was saying little, if anything, about the dignity deserving of homosexuals.

If you watch the entire speech, you realise pretty quickly it's not meant in a homophobic way whatsoever. In fact, Coulter spends time promoting Republicans as the pro-gay party as they are "anti-crime and pro-tax cuts" (I don't entirely get this connection, but so be lt ...).

Further, if you think about the quote with any knowledge about Coulter's reputation, it's pretty dear she's making a joke. She's used this joke in the past, mind you. After referring to Bill Clinton's "latent homophobia," she called \1 Gore a "fag" on national television.

That she had made the joke in the past, doesn't, of course, make it okay for her to use it again. It does, however, ratse suspicion as to the media's selective outrage.

Finally, if you nave any background knowledge of popular culture generally, and gossip on the Grey's AnaiOfiiJ set

COULTER PRO cont'd on pg. 24

ical point. The word is a slur, spit out hatefulh to attack and humiliate, in the same ,·ein as "nigger". She, along with others who use this word, connote gayness with wrongness, weakness, or inferionry. There is no doubt about this.

Sure, she was perhaps also making an additional point about the current climate, and the absurdity/ ineffecoveness of sendmg someone to rehab for using a particular word. But that point could nave been made in many ways (she is an

mother about someone, with a judgemental tone, her response is, "we're all human. We're all just trying to muddle our way through". My mother also subscribes to both the "kill people with kindness" and "turn the other cheek" schools of thought. My mother is a class THIS COMPLETELY MISSES THF act.

As frustrating as this was at certain POINT... THh INJURY WAS DONE TO THE HOMOSEXuAL points, the older I get, the more appreciate these lessons. And, ltke many of COM~fL'NJTY \ND TO SOCIETI' my female fnends, as 1 age, I fmd myself AT LARGb. sounding and reacting more and more like my mother. The other day, I heard myself telling m) husband, "maybe he's not an asshole. Maybe he's just awkward and you misinterpreted his tone." This rece1ved a snort. My husband said to me, "Meghan, sometimes people are just attorney, right?). She chose to make it in assnoles." And I nave to agree With him a way that has the effect of legitimizing there. For example, Ann Coulter is just attacks on homosexuality, even if she an asshole. The only reason why I am didn't mean to (which I believe she did). spilling any ink on her, is because J want She was asserting her right to use that to make a point to some people who word. The effect is to normalize, and may not nave fully appreciated the make acceptable, hateful sentiment harmful result of using the word she COULTER CON cont'd on pg. 24 chose.

-

MARCH

0PI~IOI\.S \ND EDITORI.\LS

24

How to rejuvenate the Family Law Project

\.net:e wen~ '2.?> ·a.uenmng the )axv\':>

to en!'>ut:e !'>upp\-s of funds to sustain salar\es and perks of the "Coordmator"

Courts. i\s evidenced by attendance sheets, since early 2007 (in the middle of the program) only about 6-7 volunteers now attend Jarvis court. The result is that while initially some two or three volunteers attended each of the ten weekly sh1fts, now, all shifts are partly attended, and three or more shifts are totall) unattended. Th1s is gtving a bad name to the program and addmg to the hardships of unrepresented litigants who come with an expectation, but see the place deserted. I do not blame those who decided to wuhdraw; instead, I consider hired management policies and attitudes nonconducive for volunteering.

elite. However, a volunteer is driven by community service and acquiring legal expenence; not unproductive paper filling. Bringing a smile back on a diStressed clients' face is what turns them on, not sustaining paid jobs of project coordinators.

The coordinator role should be both administrative and inspirational, serving as a bridge between the volunteers and the project bureaucracy. Coordination, at least at Jarvis, has demonstrated complete indifference to volunteers. As soon as you mention a personal problem the response is icy cold devil-may-care attitude. As soon as you ask for help, the game is to tell you to ask somebody else. Volunteers are bombarded with unwarranted warnings. It appears as though the pritrutive mindset IS that showing stick all the time is a good management strategy. Will volunteers communicate/ offer feedback in this bossy environment? \Vhile asking students to donate substantial amount of their time for volunteer work, FLP does not give a single piece of testimonial acknowledging a year of service. You may get a reference from the helpful Supervising Duty Counsel at the court, but will get nothmg from the FLP itself. To reenergize the program, the key is to use Coordinators who are volunteers, not hired employees. Coordinators may be appointed on rotational basis from amongst volunteers. The current funds used to

"\n \.ne \a\\ o\

'2.()()()

u·.lin~u vo\unu:.~'t':>

Why did the FLP lose over two thirds of Its v~lunteers? The present FLP ts as much about filling up unnecessary bureaucratic forms as It is about servicing the unrepresented. There are at least three forms that have to be filled with reference to every client served, consuming virtually half of the volunteer time.

In addition to that, a full separate weekly

COULTER PRO Cont. from pg.23 specifically, you would understand the ular context, on this particular show, full context of the joke. Isaiah Wash- with its particular audience, is more ington, one of the show's stars, re- harmful then Ann Coulter saying it, cently went "into rehab" after calling jokingly, in relation to the Isaiah Washgay co-star T.R. Knight a "faggot". ington- T.R. Knight situation.

There have been many jokes made Ann Coulter is a satirist, a comeabout the ludicrousness of this action dian, a pundit worthy of attention she and the attempt bv Washington's pub- gets because she is so good at what she licist to find some publicly-suitable does. She reminds me of why I wanted penance for his client's transgression. to be a lawyer. You get to craft interest1t should be clear that this was a ing, clever arguments in order to perjoke aimed at both the absurdity of the suade people to your posicion. Often, word police (she calls it "semantic to- unsurprisingly, this involves the use of talitarianism"), and the silliness of a words (sometimes 'inappropriate' person saying that they are "going into ones), analogies, ironies, humour and rehab" as a punishment somehow fit- even sometimes, logic. ting nf the crime.

There are enough things in the Moreover, the word Coulter used, is world to anger yourself with. A nn a word which is often trotted out for Coulter should not be one of them. the sake of humour. On South Park, a But, if people insist on holding up f.'lvourite of my more liberal fnends, their moral outrage at Coulter's poor :\frs. Garrison expresses her dtssacis- joke, all I can say is, "that's so gay" .... faction with Mr. Slave and Btg Gay Al's Oops. marriage plans by retorting, "You can't get married! You're faggots!" I submit that the use of the word in this partie-

I• 1~~........._

Everyone seems to think Macs are so great. They are wrong. They have been won over by hilarious Apple advertising and equally terrible Microsoft advertising.

As someone who was tricked into buying a Mac by Steve Jobs and his casually dressed pitch man, I have a lot to say on this topic. It all boils down to this: while Apple has supenor marketing, they are by no means supenor to the PC. Below arc seven reasons not to buy a Mac (1 had three more but they weren't funny and I wasn't allowed to publish them).

The Mac gets really hot. Since typing that first paragraph, my palms have sweat enough to leave any CSI a huge palm print and tons of DNA to track me down.

The \XIiFi is terrible wherever you are in the law school. In BLH, be prepared to Sit next to PC users chatting away on MSN while your ~1ac claims the mternet IS just an illusion. In MCR, watching PC users access the Hydro One signal makes you feel like the only guy in a strip club who the stnppers won't talk to. The internet expenence is possibly the most frustrating aspect of the \1ac.

Oh wait. You'll get more frustrated when you realize the Mac doesn't even come with solitaire. So while you're sitting in l\1CR with no internet, the only

=

wmdow, you have to do it all over again.

Instead of remembering which \X'ifoi signal I like to steal when I'm at home, the Mac mocks me by randomly using the weaker signal from Hydro One instead.

game you can play is chess.

Mac users love the spotlight search. A less useful version of Google Desktop, it indexes files, emails, and anything else on your computer (includmg their file names and the words they contam) and allows for instant searching.

It's great when you have six sets of summaries and want to instantly determine which ones have a certam case. Spotlight would be great except it constantly lies. \1acs don't respect you. Well, they don't respect your idiosyncrasies. A PC \vill remember how ... anal suck.. you hke to view your folders. Macs don't The hst goes on. care. They give you the option to change What'!'> the dca\ wi.tn the 1\.pp\c key" your view style, but once you close the

I'm PC

25 You have a control key. \X'by do you need both? It just means less space for the other keys and probably why the backspace key is too small. When trying to delete typos caused by the small keys, I make matters worse because I hit"=" instead of "delete". This is a time consuming price to pay for a useless feature that was only installed as a try-hard attempt to be different.

The Mac environment is \1St\ "-fessenger unfriendly. Even though Bill Gates is busy touring the third world media circuit with Bono, this o\·ersight is not his fault. It's because of the way the Mac expects you to work. Because of how it minimizes windO\vs, if you close your contact list - good luck trying to find it agam. SJmtlarly, if you minimize a • conversation m the wrong way, the program won't notify you if you have amessage. If you don't use MSN Messenger you won't care. But if you're smart enough not to use Messenger 1n class, then you were probably smart enough to avoid the :\1ac.

Hopefully dus helps some of you. I'm sure a lot of you will buy a Mac anyway because they look cool and like a white guy afro- they have the instant effect of making people think you're a nice person.

That's why I'm keeping mine.

Outstanding Opportunities Canadian Law Firm of the Y_ear 2005 view ~International Finanetal Law Re

COULTER CON Cont. from pg.23 against one group in our population.

If you aren't gay, don't have a gay family member or friend, or haven't had exposure to the gay community, you may not have fully realized this.

A lot of people use "that's gay" as an equivalent to "that's s_tupid/wrong/bad". Most of the time, there is no malice intended and it's just a term they picked up somewhere along the way. But I urge you to be thoughtful about this. Imagine growing up as a gay child in a world where people are using this phrase, in this manner, and it's all perfectly acceptable. This sends a pretty clear message: Gay Bad. This kind of climate probably explains why the demographic with the highest suicide rate is young gay males. There is still a ton of prejudice and violence suffered by the gay community. Just because things are improving, and just because we're relativcl)' insulated inside the classroom, doesn't mean things are fine out in the

OPINIONS AND EDITORIALS

Why I hate tny Mac

By Aly-khan Sunder

This is a great program and cannot be pay Coordinators can be used to par report giving feedback and narrating ex left to the whims of a hired few. If this is periences IS demanded. One wonders transportation costs to volunteers. Too not done, the FLP might still figure as a what earth-shaking one could report much emphasis on bureaucratic papergreat paper tiger, but the FLP pavilion at every single week. This is over and above work will have to be curtailed, in favour Jarvis courts (and possibly others too) the two annual feed back opportunities. of more time for client services. Some will remain partly deserted, with many The volunteer application form clearly incentive to volunteers, in terms of acindicated that attendance was only re- knowledging their services and showing unrepresented eyes continuing to search quired at one session. As it turned out, respect (rather than bureaucratic arro- for the volunteers who are just not there. many mandatory sessions were called at gance and indifference), will need to be odd times (many volunteers having introduced in the project culture. classes at those times) to re-emphasize

Pro bono students Canada was established at Uoff law School m 1996. The Family Law Project (FLP), its' offshoot was also developed here m 1998. FLP drew its msp1ration from Judge Harvey Brownstones' remarks that 70% of family court litigants have no legal representation.

The FLP assists this unrepresented class with legal document preparation through pro bono student volunteers. In Toronto, students from Uoff and Osgoode Hall law schools donate four hours weekly for a full year as volunteers visiting family courts at THE PRESENT FLP IS AS MUCH Brampton, North York and Jarvis. The ABOUT FILLING UP UNNECESprogram currently has a national reach across Canada.

SARY BUREAUCRATIC FORMS AS The FLP hired its first employee in IT IS ABOUT SERVICING THE UN2001 and recruited many hired "CoordiREPRESENTED. nators" ever since. A gradual takeover of control by hired management has marginalized pro bono student volunteers in FLP who no longer have an effective voice in the program. Feedback from volunteers IS controlled by hired manage- the additional bureaucratic work asment wtth mterests, not uncommonly, at signed. variance with volunteers. As an FLP volWhy is project bureaucracy so paper unteer since September 2006 my analysis hungry? It needs to document its peris \imited to Jarvis Courts. formance to sell the project to sponsors

20, 2007

1----

world. You may mean no malice when you say, "that's gay", but unfortunately you are unwittingly reinforcing a negative climate for homosexuals.

Those of us who are not in this minority group cannot fully understand the difficulty of growing up with this conflict, of having mainstream sources in society equating you with badness.

But we can try. This is the power of empathy. I have empathy for the gay community, and I have empathy for people who haven't had enough exposure to the gay community to understand the points I've tried to make. As for Ann Coulter; sorry mum, she's just an asshole.

as

Exceptional Colleagues We're always proud to be recognized for our 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 team spirit.

How our dedication to professional excellence and a client roster of prominent Canadian and international corporations provide an exceptional platform for learning 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

'--

--~-

ULTRA VIRES

OPIN I< )l. ~s 1\~D EnrroRii\J..S

26

\I \RCH 20, 2007

0Ptl'-:IO\.~ \~D

f.-.1\1 H,\\'1\'

\\ 'hen I started writing this column back m September, I had this little vision of what the last one might look like. It would be contemplaci\·e, insightful, with lofty language and a touch of sentimentalil}: Thing is, 1 don't think this little vision came with a calendar.T his fmal issue of C\ - breaks right in the middle of the SI-S's b usiest season, with committee reports headin g to final form and resolution s on the Faculty Council table. So my last time hitting the printing p ress as p rez is going to be more unfmish ed sym\)nm-.')' tna n m a\!,{\.um o"Qus. \ 'm fcc\ing a h tt\e \ike u's Apnl 20th

and someones asked me to reflect on the experience of wn ting my extended paper. ,\ ccordingly, I'm going to resist the urge to pass along what meager wisdom I \·e acquired over the last fe\\ years, and will just focus on some highlights that those of you still around will sec next year..

The Financial Aid committee has put out changes for the financial ass(;ssmcms of mature students. Parental deeming will now be scaled down as age increases, and there \.\ 1ll be a new cap on RRSP deeming. The ~LS will also be workmg hard in the n(;xt fc\\ weeks to tt") to get one further change through, which would limit asset deeming for students with dependents.

A new kid on the block in future years \\ill be more developed exchange programs called "Thematic Terms Abroad" (IT1\ in the law school acronym lexicon).

These arc academic partnerships wi th other Institutions centered on particular areas of law, wh1ch will create exchange opportunities for both students and facultr The p lan fo r the fabled new building is making its way through the governance structures of the university, and it's been smooth sailing thus far.

T he current plan includes a substantial increase in student space, including a reading room, a large clubs office, and several student-dedicated meeting rooms.

W ith one mor~ Faculty Council m eeting on March 28th, a few big ticket items

the SLS wtll submit a position paper to the c;D() about taming the recruiung prm:ess. \\e're also gctttng to work on an audit of the master course schedule, to make n:commcndations on scheduling to the Assistant Dean.

If there was something pesky in this year's cour:-c layout, now's the time to tell us about it." Also in the survey vein, this time from the Affairs side, there will be a sun·ev for the club reps about tht JOYS and P,'lins of linng under the SLS umbrella, especially when it comes to funding. The big gig of Affairs has been primping for the most glam C\·ent of the calendar. On ;\{arch 24 we head down to the Boiler House (a lovely \·cnue with a robust electrical S) stem) for Law Ball.

I've rescn·ed this last plug, before I ride off into the sunset, to encourage you to think about running for the SLS.

\\ hcther or not you think you're a stu dent government type, I think you\e probably gi\·en some thought to one or more of the issues that I've mentioned abm c, and han: ideas about where the Faculty or the Sl .S should focus its energies. If you're interested in coming to work on it, I hope you'll thr<m your hat in the ring. ~ominations will close \X"ed .\larch 21 at 6 P;\L 1\ debate and the elections will be held the following week.

Best of luck to the candidates.

That's it for me, friends. Sincere thanks to my fellow SLS reps, and p<~.rtic­ ularh· to VPs \ asuda Smha and lladiya Rodenque, for the many hour!l spent in scrnce of the greater good. The office may be chill). and the nights may be long, but it's been a pm !lege and a pleasure, and I'm \'Cry grateful to have had the opportunity.

''B" is for Bridge Commission - but a bit of misplaced faith in the student body meant that more than 100 future la\\o}ers missed the final act where it all "came together." A note for future Bridge

27

Of heroes and sensualists

Farewell from the SLS won't go through until L \''s m mothballs for the summer. \\e'll tr) to keep you posted on till' results another way. \\'e c.1n expect to ~ee significant ch.1ngl'S to the first year curriculum and the cxtendnl paper reyuin.:ment to bol~ter our legal research and writing program.Thc Pedagogy \'\'orking Group will put forward a proposal to ha\'C all papers returned to students with comments.

They will also recommend ensuring consistency among small groups, encouraging the usc of hypotheticals through the semester, and suggesting alternative forms of eval uation within courses.

The SJ..S \vill p ush to make the pedagog) group a permanent forum, including the spot for the student rep that was added thts semester. Finally, there arc two student inspired initiatives that we'll be finishing up. In the next couple of weeks

Eon< m1 \I~

sure it docs. There were some theories tloating around about the marking scheme that can best be described as arbitrary. 1\ly personal favourite? The p apers were marked b y high ~chool students as pat't of th e l \\X'S program, "Be a Professor for a Day." This may cxplam the barely h.:glblc, and sometunes wholly irrelevant, commen ts scnbblcd in the margin of most. The losers in the first "grade lottery" took comfmt in the fact that there was a two out of three chance that their luck

If there's o ne thing l've karnea since starting at U of T L aw m the fall, it's tna.t you don' t get a g t"a d e fot' effort. ~·cek~: " D on't te l\ studen ts w h o h ave o matter how well-mt entioned o ne may be, it's the tina! p roduct that matters. By all acco unts, Bridge, the final prOduct, barely makes the grade- it sit$ .t\ HIT OF \HSPI \CED FAITH n\ not so co m fo rtably on the low end of THE STVDcl\ 1 BODY .\fEANT tha t m fam ous "B cun·e" th:tt I have come tO know so well. Let's examine, THAT ,\1URE THA~ 100 Ft:TURE shall \\C? I ha\'e taken it upon myself I..AWYERS .\11SSED TilE FI0:AL J\CT would change for the better. Everyone to conduct an informal !>Ur\'ey of the knows that 50/50 isn't nearly as good.

WHERE IT ,\I.L "CAME TO first year class, a "public inquiry,'' if you will. Here's w hat I h ave fo und: GET HER." r\nd on a final note, there is 4. ~omcthing to he said about ha,·ing not 1.

"Criminal law? No. To n Law? one, not two, but three pands on dis~o. Co ntract Law? No (go figure). crimmauon composed of almost enP roperty Law? Not real!)." ,\bout h alf 100% finals and 40% small group pa- tirely all·white speakers (don't worry of the student lX>dy- the half that J id pers, that the assignm ent has been can Professor Choudry, l haven't forgotten not sh ow up for the final installme nt celled ... until the e nd of the Bridge about )Ou). I bclie\e the term is of the Bridge sessions- has absolutely SessHm." "hypoc.nsr:' or maybe it's "de facto." I no idea that there actually is a way that understand that the pool of spe.1kcrs 2.

Or, the better alternative, avoid fundamcnt.1l changes to grade compo sioons altogether. Student reaction to A BOUT I IAI.F OF TIlE STUD ENT the e-matl announcing the cancellation TIIERE IS SO.\rETHI. G TO BE of the final Bridge assignment was BODY ... HAS ABSOLUTELY r\0 SJ\ID J\ BOUT HAVJ(\"G :-\OT nu xed. I, for one, was ecstatic - one IDE.A Tl IAT THERE .ACTl'AU .Y IS les:. item on my very long list of things O :NE, :-.JOT 'I\X'O, BUT TI IRF.F to do, and let's face it, one "B," two A \X'AY THAT ·nm LAW CAN BE PA, ELS 0!': DISCRL\fl~ATION " B ,"three ''Hs," they all add up to "B." USED TO FIGHT COMPOSED OF J\L:-..IOS"J I '\1O thers, howe,·er, used the term "negliDlSCRI:-.U~ATION. TIRELY AU.-\X'l IITJ SP£ c\f...ERS gen t misrepresentation'' and likened the situation to finding out that final exam s had been cancelled. A little dramatic, b ut the point is well taken. the law can be used to fight discriminawas limited to l! o f T faculty but that tion. It made sense to end big - with 3.

T his dissatisfaction rna) have really just leads to the larger issue of dian analysis of the uses of the Canadian something to do with the way the fim versity, or the lack thereof, in the facCon stitution and the Human Rights Bridge pa~rs were graded. In fact, I'm ulty - an ilier topic for anoilier day.

, \o\.\1

S11

\'HI

,~1/as,

I haN knoll'n noblr fllm uho lost thrir hit,hrst bopr. 1nd henceforth thry slandert'd all hit,h bopes. Hmcefortb thry /ired i111pudmtfy in /Jriif plrasum, and tbry bad bard!J an aim /JrJOIId tbr dqy. ~Spirit is also smmal piMmrr'th11s tbo· spokr. Tbm the ~~·ings of tbrir spirit /Jrokr: nou• it creeps around and 111akrs dir(J uhal itfords on. Once thry !bought of /JrconJil~f!. herors: noll' tbry are smsualists. To thrm tbe /;ero is an tiflliction and a /trror. But, I!)• "!J lol'r and bopr I entreatyou: do not rqectthe hero in )'OIIr soul! Keep holy )'OIIr highest hope.'

Thus spake Zarathustra -- Friedrich "\1uzsche What impresses me most about the study of law is that it is taken up by so many heroes; noble women and men who enter

Bye-Bye Law School For about 200 of us, the three-year journey through law school ts comtng t<> a culmination. \X'e\·e been through a lot: T\' time in Legal Process and l.aw & Fil m; the third world, arctic conditions of the ~loot Court Room (no wtrc:l s access); pumpmg up with llans and ·ranz at Follies; a 'pizza for cocaine' bargam at Ottawa l..aw Games; lca\'ing behind two of our teammates at Ottawa Law Games (who then hitched a ride home with Osgoode); half-attended bridge weeks

WJIOEVER's GOII\G I'\:To r AMILY LAW, KEEP IN TOLCH. I'LL MOST LIKELY BE RHQUIRING YOUR ASSISTANCE \X'ITJ l PRE UPS AND EVENTuAL DIVORChS.

(with respect to which the only things I remember are what 'bijuralism' and 'pluralism' mean); a Trial Advocacy performance so poor that the administration turned the class from pass-fail to graded; and hickey-inducing paintball competitions. Then there's the re cent grad photos for the compostte (theme color- hot pink). Kershaw and Zalis: 1 think it's great that the admin· istration allowed the two of you to take your composite photos together; the many months of couples counseling have clearly been a success.

G rad photos, grad trips, Law Ball, Bar Ads packages, and general apathy

the doors of Fla\clle with their highc:;t hope. Yet I am equally struck by how many law students-cum-lawyers let the flicker of such hope get lost in the archaic mess that defines much of our profession. Loftv spints descend inro sc.;nsuahsm, deriding those still guided by their noble hope.

The legal profession is full of broken heroes. lt would be hard to find a cohort of people more self-deprecating, more filled with dark humour about themsel\'es and their function, more indifferent about what used to mo\·e them. And who can blame them? Alas! Our judicial system is a mess, ci\'il justice is a lu\.ury item afforded by few, refugees arc sent packmg, corporate boards arc cnsla\'cd by the interests of shareholders; the list goes

.)

on .. ..And this speaks not even of the ltfestylc choices many of us concede in famur of billable ho!JrS.

amongst my classmates towards any- :tbout law school. For example: the guy thing academic, have all serYcd as re- in tirst) car who asked me almost once minders that the a dav if I was in his end is ncar. Or constitutional law maybe the beginclass. But there's much that I will miss ning 1s ncar. f lard to say bl·causc I'm ... like my old locker not sure what the that got broken into 'beginning' will last year h) a crimi 'begin', tn the sense na\ who's curn:nt\y that 1 think many sitting in prison for of us don't know totallr unrelated dowhere we'll be and lent cnmes. I'm what we'll be doing going to miss that e\'cn fi\'e years Chris Graham wears down the road, let bov..·ues on Tuesdays alone ten. Some 'because it's Tuesmaking our. fancy themselves L-----.-:.~----__J day'. .More imporplaywrights, others ... gold diggers. tantly, I'll miss that Chris's \\'ho knows, maybe I'll take Dave's lead well-dressed-ness garners more attcnand give uni·cycling a go. Dave: I may tion at law school than the first year need to borrow your helmet and night- girls who make out with each other 'bevision goggles. l\lo: if the law thing cause it's hot'. You go, Chris. doesn't work out you should consider I'm also going to nuss my first year working as a human megaphone; professors (if there was an Erme Wem you've been getting louder; I can no rib fan club l would be the founder and longer differentiate between you and president). I'll nuss the brand new library chairs that arrived after what Parley.

The fear is that we're leaving intel- must have been a herd of elephants or lectual stimuli and social agendas at the Jenn} Crrug members sitting in the old concrete foot of Bay St. Oh, the dread ones. I'll mtss my friends who pay for of due diligence, grey swts and equally their gym memberships with weed and grey hair, of health club memberships for their law school tuition with online that go unused, mundane water cooler poker winnings. I'll miss watching the conversations about the weather, SlS same homeless man run through the dnnks at Ki, $50 burgers at Bymark, law school every morning stealing all and prostitu tes at both (that charge the newspapers. I'll even miss the somewhere in between). But of course, clique of dentistry students who just one must acknowledge the upsrde to can't get enough of the Bora Laskin getting out of school and intO a firm: law library (I guess their library's chairs mcome, snazzy business cards, the op- are even more broken than ours are). portunity for in sider trading, and more It's been a colorful and litigious three designer p urses. (Ezgi and Linda, get years (te- l'm always threatening people Louis and Kate ready ... I'm starting with lawsuits). Whoever's going into the 'Gtrls wuh ~ice Bags' Group on family law, keep in touch. I'll most Facebook). likely be reqwring your assistance with There are things that 1 won't miss pre-nups and eventual divorces.

\Vhat happens to that implicit treaty with the self that gives brger-scale context for our endeaH>urs and that tixcs our

high hope? Arc the fruits of pri" ilege that accompany being a senuncl of justice too tempting? 1\re lawyers simply incapable of standing firm in the face of such a,h cr:;iry? \'\'e all breathe meaning into our li\ cs in different ways, retlecting our fundamental \'alues. Prestige, family, mone), honcstr. honour, spirituality ... we each choose for ourschcs what ascribes meaningfu\ncs~

to our

da~· ~.

1\nl\ there. \s so

much within the lej,ral professiOn that can nourish these personal \'alues. Being a good lawyer need not be di~cordant with notions of self or personal fulfilment.

Yet something happens not long after the law student becomes the legal professional. Indeed, it is against the 'normalis-

BI·Jl\j(,. \GOOD 1..\\X'YI ,. R

EI~D

NOT BE DISCORDANT \X'ITH NOTIONS OF SELF OR

Pl~RSOl\o

\L

f.ULHLMf.:.NT

ing' forces of the legal profession, the proverbial B-curve of career inertia and maintaining appearances, that many of us will find ourselves m the not-toodistant future. Caught in a web of rationalised self-validation - of self-defeat and shallow pleasures - we wtll be faced with difficult chotces. We will be in a position of privilege and power, and some paths will be easier than others.

And so 1 entreat you: do not reject the hero in your soul! Keep holy your highest hope!

28

ULTRA VIRES

OPINIONS \NO EDITOR! \I..S

watch this movie:

That's it! Back to Winnipeg! ~11-.GHA:-.; R11 I Y

These were people I thought were can'tsay no people. Surprismgly, a lot of them could say no. I cried out different tones and tactics here- ranging from flattering people ('you arc the leaders ... speak to the people.), to pleading and grovelling • ('I'm really in bad shape. You don't know how much I would appreciate it.'). All of these were marupulative, and none worked too well. I wasn't too surprised that a lot of people didn't respond to me.

B} third year, deleting emails is pretty satisfying. I should have gone after the first years ...

I would then resort to forcing friends of mine to write specific pieces on speAs this year's opinions and editorials sec- cific topics that I thought they had an intion editor, it was my task to solicit, terest in. ('you owe me.' Or, 'I'll owe gather, edi t and arrange interesting and you!) None of this made me feel too varied op/ed articles for each issue of good about myself. But it yielded some the paper. If there was not enough con- of the best content. You know who you tent, alarmingly, I was tasked with writing are. Special shout-out to Jess Norman the balance, sometimes at the last minute and Stephen Shore for being my two (this should partially account for my bru- most frequent victims . .. tally-written OCI counterpoint earlier Finally, in the desperate final months, thts school year).

I even resorted to using facebook to post In the few weeks before production, urgent summons to the law school comthis was my usual order of operations: munity. ('LAST CHANCE--- EVER') 1 would send out peppy mass emails Again, this did not trigger the flood of attem\)ting to stit:

U\) contributions. l \.nc:.u \.t> \~t ?O'>\Uvc:. and ene'tge.uc and op

timisric, always ending with my signature happy face and multiple exclamation pomts. Easy· breezy. ('Come on people!

Peace and love Op/Eds! Everyone's invited. Th1s am't no exclusive club!) Usually, this would peld 3 or 4 submissions.

It was kind of like using a huge wonky net to try to catch a few of the slow fishes (not to be confused with un-tasty fishes).

Usually, my next step was to send emails to smaller groups of individuals who I thought aught be susceptible.

WE•UOFT TIFI'A~'>Y MURRAY AND

D.wm Dh GRO<JT

Law students are really great at pointing out the flaws at the Faculty-the poor chairs in the library, the lack of lighting in the men's washroom, and the sad state of affairs that is the Moot Court Room. What we often fail to recognize, however, is the amazing experience that the Faculty offers us. We're not saying that things are perfect, or that improvements can't be made. Indeed, both of us have tried to make small changes to improve the Faculty for future years.

What we're saying is that there are really great opportunities here that are often overlooked, and it would be a shame for

O\)/ eds

that l had fantasized about. But it

drafting them and imagining people shaking their heads, thinking, 'whoa dude. Relax on this Ultra Vires thing'.

Working on the paper has been a tremendous experience actually. For all the jokes I am making, I would recommend it to anyone who likes laughing, stirring the pot, making new friends, wnting, reading, and generally being opinionated ... Anyone who has interest in being the op/ ed editor next year should email me.

The op/eds in this last issue are not as made me \augn preuy nard

negativity to overwhelm these great experiences that deserve mentioning before we leave this institution.

We've heard complaints about the lack of prominent guest speakers who attend the Faculty. Yet, this year alone Justices Rothstein, former Prime Minister Paul Martin, and former President of the Israeli Supreme Court, Aharon Barak, all spoke at the Faculty-to name only a few. At the Symposium in honour of Frank Iacobucci, the Faculty was filled with amazing leaders. lt seems like every week a different guest speaker is being brought in to discuss cutung edge ideas in law and economics, international human rights or comparative private law.

We've heard complaints about diverSJty since first year. Now, two years later,

varied as they could be ... there are too many artJdes from us third years going off about what school has meant to us, how we feel about graduating, and waxing poeuc on the meaning of life ...

Sorry about that, but the one issue where people want to write, I am not going to prevent them. In fact, I am going to add my nostalgic comments to this heap- because I feel like it, and you can't stop me.

HAHA. Unllke most of my friends, who will be articling in Ontario or heading to New York, I have decided to move back to Winnipeg for my articles. For me, this is a return home after 11 years away. I never thought I would want to do that, but find that I am 100% confident in my choice.

I am proud to be from Winnipeg, and I want to make a difference in that community. The only drawback is that I am going to miss my friends and school terribly.

I just want to say thank-you to all my professors and fellow classmates: I came into law school from the entertainment industry expecting to meet a bunch of boring, stuffy, stuck-up, competitive jerks. Instead, 1 have found some of the best people l've ever encountered. Along with being among the most intelligent people I have ever met, you are also funny, eccentric, intimidating, anal, silly, warm and wonderful. You are as complex as anyone I met in theatre schooland that is saying something. Thank you for prO\;ng me so wrong, and for making the past three years such a privilege. If any o f you ever come through Winnipeg, for any reason, please look me up.

it's difficult not to acknowledge the efforts that have been made for a more diverse faculty. The recent workshops for International \Vomen's Day, the support of the LAWS program, and the Aboriginal Law Student Association's fall feast arc great examples of efforts to bring more diversity into our law school. And the eXJsting journals, clinic, and working groups continue to offer all students the opportunity to engage in various aspects of the law. Sure, we can always work for improvement, but to not recognize the steps the Faculty has taken undermines our call to do so.

Frankly, we have experienced a legal education that has enabled us to be the leaders of tomorrow. At no other school in Canada would we have been exposed to such pre-eminent legal

BRITI 8RAATF•.._ AND KATh MCGRANN

Dog Soldiers (2002) is the story of 6 sol diers sent out on a routine training mission, only to be confronted with any soldier's worst nightmare - WEREWOLVES. Armed only with their brazen wits, and Jed by the tenacious Private Cooper [spoiler: their seargent is disembowled early in the film and becomes more of a liability - but he keeps morale up with his stones of no-nonsense battlefield glory and the sacrifices that must accompany it], these intrepid heroes try to fight it out until the healing light of dawn ..

The tag line for the film, "Six soldiers.

Full moon. No hope," encapsulates the essence of a film in a manner that is both simple and beautiful.

Highlights of the film include creative weaponry (pots, pans, hammers and a souvenir sword), mythical imagery (the werewolves reminded one reviewer of Egyptian gods), and the feeling that they were going to have to kill their dog companion at any minute.

This movie has something for everyone: - love story? check.

- wisecracking sidekick? check.

- suspicious government involvement? check.

- stickin' it to the Man? check.

- explosions? check and check.

- accents? check.

- dramatic death scenes? check.

- historically accurate use of superglue? check.

In all, we give this movie 4 out of 5 werewoh·es:

scholarship. \X'hat's more, we've had the opportunity to learn from each other, to hear different perspectives and contrast them with our own.

Each of us chose to be here, often with considerable cost, and we're no different. For one of us, attending the Faculty meant moving across the country to experience the academic environmental that the Faculty had (and still has) to offer. And the other spent first year taking the greyhound bus from St. Catharines to downtown Toronto every day; This meant waking up at 4:45 every day for the hour and a half trip to school, and spending two hours in commute again on the trip home.

Throughout it all, there has not been a moment of regret; that's how much we • U ofT.

DAVE'S DIVERSIO S: Dave directs diversions diehards to ditch the drama and dance dangerously! (damn!)

D •n S1 1 \'AR.\T:S.\\1

In less than a week, "anyone who ts anvone" will be attendmg Law Ball. Some are e~cited to get guss1ed up, gush fakcly about how great everyone looks, and cat some dry chicken over even dner convl;r sation. Others are there to bust a move.

I count myself in the latter group, but IN's face it: it's not really about us. Once Jancmg tim hits, everyone shuffles around awkwardly, still WCJghed down by the stiffness of the earlier procccdmgs.

This harkens back to how we arc introduced to dancing as a social accivitythrough "the dance." It's almost trite to say that dances aren't really about dancing. The first dances in grade school were defined by "boys on one wall, girls on the other." In high school, everything builds up to the prom, with our own versions of TV's "will-they-or-won't-thcy"s and crying in the bathroom after your date treats you like shit. In short, "the dance" was all about the hetero drama, which overshadowed the move-busting.

In my straight-laced, by-the-book cxis-

tcnce, this social ritual is one area where I'd like to think I\·c been a rebel. 1\t the grade 8 grad dance, I was in the front line for the mixed-gender ~lacarena. At prom, 1 left my anxious table m.ttcs to their neuroses and reguested the first song ("Fat Boy" by ~laximilian - don't pretend you don't know it) that actually got people on the dance floor. True, it's easy not to get caught up in the hetero angst when you're a homo, but still, my actions rc\·eal a deeper truth: \\ here there's dancing, I am ahvays there for that reason.

1\m I a good dancer? \\'ell, in the last month 1 have been told both that I am "a gay boy with no rhythm" and that I am "the best dancer [another person had! ever seen and [could he] parade [mel around the dance floor so that [he could! pick up ~rls?" l suspect the truth lies somewhere in between. Or, 1t's more ap propriate to say that, for better or worse, I try to dance like no one's watching.

There is a reason my parents call me "the Dancing Queen" (though they seem to onl} get the Abba-related dimensions of the phrase, so they miss out on us hilarity).

I hate to close my series of UV columns on a depressing note, but I\·c got to say that my time at law school suggestS that m} best dancing days are behind me. There has been one major dtsappomtment in particular. During my last term at McMaster, I started to head downtown to a seedy bar caJJed Ab sinthc. Every Wednesday, Absinthe put on a Motown night where they spun classics like Stevie Wonder's "I Was Made to Love Her," The Four Tops' "Reach Out

(I'll he there)," The Temptations' ''Get Ready," as well as se,·eral hits by the Supremcs. They also branchn.l out awesomely into '60s garage rock. Sure, someone got stabbed at the bar during the term, but that didn't stop me from having the best time I\·e eYer had on a

house mu:.ic and an tntcnscly macho break-dancing circle - definitcly not my scene. This is the kind of dancing where e\cryonc's watching.

It seems my Toronto ;\1otown experience was an audio-visual hallucination.

And what about living in Canada'~ gay centre of the universe? \X'hile there arc notable exceptions (sec Jordan's rc\'ie\\' of the Scissor ~Istcrs' concert, which I FoR B~<.TrF.R oR \VORSE, I also shook m) booty at), gay 'l(mmto has been a bit of a let-down for dancing.

TRY TO D.\1\.C 1 LIKE ~0 The Church-\X'ellcslcy scene is more O~J·.'S \\ \ rCHI"G. TIIPRE about standing around and staring at IS \ RL \SO'\, \f) P\RI rs people than moving to the beat. Looks like we've finally found an outlet for the c \LL .\lh "THL D \~( 1'-J(, homo drama ("is he looking at me?"

QLI·Fr-.:" (THOLGH THhY "should l ask for his number?" etc.).

SI H\l TO 0 L) GI;T TilE 1;or something that can make you feel ABB.\-REL\TED Dl\fbNso good, dancing is too often a source of disappointment and drama. But I'm deSlONS OF THE PHR.\SE, 50 termi.ned to dance awa') ffi'j dym~ ~tudcnt "11 \\ ·:-. MlS~ OFT ON n:~ days with reckless abandon, and you can HILARI1Y) help me. First off, if anyone knows of a Motown night in the downtown, fill me in! Second, if you're coming to Law Ball, dance floor, week after week. let loose and dance like no one's watchIf Hamilton has a Motown night, ing. you'd expect that, surelr, Toronto would •* have one too, right? So far, no dice.

After more than two rears of searching, ~cetng as I've written in tweh·c I thought I had finally found what I was straJght issues with zero research, maxilooking for one Wednesday at the "So mum navel-gazing, and no apparent hosc1al" (at Queen West and Dovcrcourt). tility from my audience, I'll try to keep Anyone around me saw the sheer joy the indulgent "third-year closing reflecupon my face when "Heat Wave" transi- tions" to a minimum. I just want to tioncd into "I Want You Back" and I was thank you all for reading and laughing hit with the realization that this was no with/ at me. Now I suppose I'll have to accident. I confirmed with the DJ that start a 'blog or grafittlng m the bathroom Motown nights were a wcekl} event! staJJs to get my thoughts out there. It Alas, I returned a few weeks later to find definitely won't compare to this.

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• ULTRA VIRFS

DI VFRSIO~S

30

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M \RCII 20, 2007

DI\ I R~IO~S

31

Spanish movies better if you know how to read Spanish movies. The} remind me of grade 11 Spanish class, where m, classmates and I were reqUJred to take Spanish pseudonyms in the spirit of the culture. I was Frieda, after my fan>Urite Mexican muralist's wife. A strict guard of gl;nder roles, my teacher wouldn't let me be D1ego. Frieda was later immortalized 1n film and previously immortalized in paint, along with a monkey. She. was a revolutionary, she participated m hot lady on-lady-action, and her paintings were slightly more attractive than the Can ·version of the picture of Donan Gray in Bora's entranceway. As Frieda's namesake in Spanish class I was glad to have a pronounceable name after having dreaded every first day of school since kindergarten. Anyway, in that class, I gained an appreciation for all things Spanish: flamenco, bullfights, Catholicism, marzipan, and of course Ricky Martin. I have since been told that several of those things are not in fact Spanish. But I prefer to keep my memories pure, and therefore I remrun scepocal of those claims Faces can be used to prove

thinp:s that arc even remotely true. \h love of all things Spanish combined with my ne\\ ~panish-speaking roommate has resulted 10 a rapid incrt':lsc: not only in the number of Interpretive dances I do to songs such as ''I .\teatloaf 's Would Do \nything tor Love," but also the number of Spanish-language films 1\·e seen, including some of my recent favourites: Pan's

of the goriest fi lms 1\·c ever ecn: A man stories, fa cinating characters, suspen e, is ht':lt to death with a wine hottlc, people and transgression make this tilm wo rth arc tortured, and a sold1er's leg is ampu· seeing. r:unl without anaesthesia. ~ · ith fantasy, Voker is the story of Penelope Cru~·s suspense, gore, and revolution, this ample hosoms, and their adventures in mmie is fun for \l.'nndcrland. Pedro Almot.l<)var' film the whole fam· about a strong group o f women, includil). Particularly ing one ghost, is entertaining and full o f a rag-tag family surprises. If you like Almod<),·ar's style., of, say, Kurdish you will probably like this film, altho ugh refugees who it is somewhat lighter and less suspensearc not mindful ful than some of h1s other films. of 14A ratings.

I'd like to give an honourable mention Talk to I fer to the low-rent Spamsh film lA I..~~z had me singing Prodigiosa (the ~fystery IS Solved). De"Cucurrucucu spite apparently having a budget smaller Paloma" for a than m} month!} grocery budget, or that Labyrinth, ! 'olver week. Another of YfV's hit show, Catwalk, lA Ll1z was and Talk lo Her. qu1rk) effort a charmmg and mteresting mov ie about VOLVER IS THh STORY OI· PENEPan's LAbyrinth from Pedro what happens when you dwell on, or in LOPE CRUZ'S Al\fPLE BOSOMS, AND is based on Almodovar, this case actively harass, the past.

THeiR ADVENTl RES IN events surroundTalk to Her is ing every revoluactually about \X'ONDI:.RLAND. tionary socialist's an ongoing wet dream: the conversation Spanish Civil War. While the main story and developing fnendship between two surrounds a little girl who sees a fairy on men, whose loved ones are in a coma. her way to meet her new stepfather, there Naturally, the circumstances surroundmg are many layers to the plot. This is one th1s situation are bizarre. Overlapping

>

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32

D IVERSIONS

Kate and Jeremy use Ultra Vires deadline as an excuse to get drunk 1-....\n McGRANN A'SD jEREM) Guo:

It is 8:31 on a Friday night as I write this.

Kate McGrann and I are sitting m my sitting room staring at six bottles of scotch - five of them opened and one unopened - about to begin a scotch tasting for the benefit of the readers of Ultra Vires. We have eaten herb-encrusted ol.rves, blue cheese infused with pear and an olive-sundried tomato tapenade while waiong for our dinner from Dangerous Dan's Diner to arrive. Kate ordered chicken fingers, fries and a chocolate shake. I ordered beef ribs and fries.

Kate begins pouring. She selects Te Bheag ($35.95 LCBO# 949172) (pronounced chey vek, not tea bag), the only blend 10 the group. Kate asks how one is supposed to describe scotch. I have no 1dea. I suggest that I can taste toffee and peat. Kate asks what "unfiltered" means.

A quick Google later, we have an idea I\.t this ~oi.nt 1et:emy \e-aves to go and retncv<:. me \00<.\, and

~am \eft. in the sl.tung

room listening to Jeremy's iPod, and wondering how much of each of these different kinds of scotch we should drink. "Good Vibrations" by Marky Mark and the Funky Bunch comes on. I decide we should probably drink a lot.

The food is here and Kate likes her chocolate shake. I suggest that her puke \\:ill look like the grossest thing ever.

Kate demands I put this in the article.

Norah Jones comes on and I somewhat shamefaced!} am forced to get up and change it to something more masculine.

Except Jeremy doesn't change the music; instead, he sinks to the floor with a distant and dreamy look on his face. I suddenly feel somewhat uncomfortable being in the room, like I should give Je remy some pnvate tlme. I down most of my chocolate shake in one awkward slurp and wait for Norah to finish her song.

The ribs are excellent, and having barely made a dent in the meal, I am stuffed.

Time to return to the scotch. Having fin ished Te Bheag, we have come to this conclusion - it IS drinkable. Jeremy upends the catsup bottle into his crate of fries. I haven't quhe decided why I like single malts best, but I do - this blend tastes surprisingly like a single malt, and Jeremy agrees. Elton John is pia} ing, Jeremy is lying on his back staring at the ceiling, and there is food EVERY\XHERL Its time for the next scotch. We choose the fifteen year old Dalwhinnie (S68.70

vers1on (16 year old) sells for $128.15 at the LCBO. \X'e ha\·e given up on the French fnes. Paul Stmon is playing. Kate provides an Interesting musical fact

LCBO# 238097). Dalwhinnie's bottle says it's "the gentle spirit". We dec1de to start toasting with each different scotch, the blend not being a toasting occasion.

The Beatles come on. \X'e toast "Come Honour" and drink. It's sharper but less rich than the blend. There is a distinct bite to it. My armpit lymph nodes hurt.

It tastes sort of like apple brandy but neither of us care for this scotch very much.

I think we need to clean our palettes with some pipe tobacco.

ULTRA VIRES such bad luck with boys because of my bad taste tn music.

I tr} to convince Kate to go to a store and bu} me spring water from Scotland.

Kate wants a small piece of chocolate.

Her taste in music is atrocious, much like her taste in sweaters. Who the fuck is "Jay· Z"? Kate asks if I like T.V. on the radio. I don't understand the question.

Kate wants to cut all her hair off. I offer to assist her with that. We move on to the fourth scotch, the one we know will not be that good. It is McClelland's 16 year old which they do not sell in Ontario apparently. Kate continues to mourn the loss of the Bowmore. There is shouting from the apartment below. We toast and the klezmer music begins. Kate doesn't realize she is slowly being converted. She does not hate the scotch but it wasn't her favorite. I have stopped being able to tell the difference.

I dig out my pipe while Jeremy puts away Sadly for our readership, but probably all the meat. We decide that the fries can which I ignore. Kate gets mad and starts fortunately for us, my camera runs out and should remain out for our future criticizing my furniture; I urge her to of batteries. I have convinced Jeremy to snacking needs. The "r" key on Jeremy's drink away the bitter. We interrupt the put on his skinny jeans and he is demoncomputer is broken. I think that my pipe toast to turn off the Phantom of the strating the Sisqo dance for me - it's reis better than Jeremy's pipe, and I tell him Opera song. markably accurate, and I have the same so. He agrees, and I We have a brief thought that I had the first time that we get less satisfaction argument about went to swim laps together-Jeremy can from the taunting whether or not move much faster than you would guess than I thought I we should be that he could. The scotch is passable, but would. Have l adding any it's gomg down a lot easier now than it l PLAN TO DRlNK ENOUGH OF \cat:ned a lesson? water to the would have three scotches ago. I w1sh we \'>otenu:illy. The to- IT TO NUMB MYShU AC.AINST HIS scotch (we had could switch back to my computer for bacco to be COUGAR JOKES AND HIS MUSIC been adding a the music, but Jeremy won't let me. I smoked is Peterson bit of water to want more of this scotch - it isn't bad, CHOICES. WE'LL SEE HOW IT Irish.

Sarah this point): I say and we don't have any Bowmore left. I GOES. McLachlan comes decide I am saving myself for the Lano, Jeremy says on Jeremy's iPod gavulin.

Jeremy tries to play me his yes, because it and I briefly con"happ] walk to school song" but can't "opens it up". sider punching myfind it.

We do a brief self in the face. search, and find It's more like my "tmperial walk to school Jeremy corrects me- it's actually Imogen that tap water contains chlorine which song" and if Kate heard it she would unHeap. My mistake. We didn't like the Dalwould ruin the taste. I give a toast that Je- derstand. Kate's downing her scotch like whinnie, which is a shame because the remy doesn't like, we don't clink glasses, a cougar at last-call faced with a bunch name IS fun to say. and drink. Ths scotch is excellent - so of first-year law students.

I tell Kate to stop looking at porn and excellent that very little hilarity ensued gtve me my laptop back. She does. We while we drank it. It was strong and rich Jeremy is just getting defensive because I decide to try the Bowrnore 17 year old but not difficult to drink; Jeremy sang a am ready for more scotch and he is still dreaming of ice cubes so he can get the rest of his down. If his observations seemed like an uncannily-eerie prediction for what will be 10 years from now, I don't want to hear about it. As for this scotch, it is passable - better than the Dalwhinme, but not as good as the Te Bheag and nO\\ here near as good as the Bowmore. Some old Fugees comes on Jeremy's iPod- I am rerrunded of at least four bad drum 'n' bass rem1xes and am ready for the next scotch.

single malt. I bought it in Alberta a few visits ago and it is almost empty. It is not sold 10 Ontario so I cannot price it for you. Scotch being cheaper in Alberta, it can be had there for $75. A 1989 vintage J'•'l.•l

rt ..

~.,,

..... ,

small portion of a Broadway musical in sheer unadulterated joy and appreciation of the taste. \'\"e recommend it. I trr to get Jeremy to listen to "Clap Your H;nds and Sa~ Yeah". He says he thinks I have

The next scotch IS Bruichladdich Links 14 year o ld ($84.70 LCBO# 600817). It is Kate's turn to toast. She gets nervous, having been as of yet unable to b<..at my first toast. Glasses up. Jeremy, may your luck with the opposite sex always be better than mine. She likes it and starts swaying to the music. I get awk·ward for

DRUNK continued on pg. 33

M \R( H 20, 2007

Frakkin Television L\>;CE P.\TO:\

DI\ I RSlQ'\jS

33

Scissor Sisters at the Kool Haus joRO.\:-; '\ \ · 1\IIA~

When I was rounger, I played a wide vaI la\'ing not been to a concert in a nety of sports - both organiled and while, and eagerly awaiting unorgamzed. You name it, I probably the spring/summer concert tried it (except cricket, because only imseason to begin, I really migrants play cricket). By stating this, I nl'edeJ this one. Following do not intend to brag about my the signiticant hype surprowess, because I was not particuhtrly rounding their latest album worth) of praise for any of my athletic Tt~·Dah, The Scissor Sisters ad\'entures. In hindsight, I like to be(note: only lead smger, Ana lie\'e that I engaged in these sports to ~fatronic, is a woman) han: gain some common ground \\ ith the bem touring Europe, the other children my age. Slowly but l S and Canada. With music surely, sports became less useful as a sothat can only be described as cial de,·ice. People's interests matured an eclectic mix of 1\bba, and sports became decidedly less popuQueen and Elton John lar. Or maybe I just got tired of playing (read: gay), The Scissor Sis with people who were better than I was tcrs' song list 1s Irresistibly and actually had a chance of making the dance-worthy. lromcally, high school team. Given the void that their latest hit song "I Don't team sports left 10 my social interacFeel Like Dancing," creates tions, somethmg else had to nse up and the exact opposite sensafill that space - tele\·ision. \X'h1le in tion. high school, shows like f'runds, .Jrinftld It was with that song that and E.R populated my conversations as they closed the night at the episodes were broken down and jokes Kool Haus two Wednesdays ago. revisited.

Luckily, the hour and a half of music HoweVer, university life brought on precedmg that closer was unbcliev the downfall of television's usefulness able. Pull of energy, great stage pres as social device. Where it was once ac ence, fantastic lighting (especially for cepted that almost everybody watched a small stage) and their signature 'hos most popular of shows, residence high-pitched vocals, the Scissor Sislife removed m.any students' ability to access shows with regulanty. But more importantly it seemed like a lot of stu- of it, it is usually because, if a film falls dents just did not seem to care much apart, the audience is never shown any about television. L1vmg at home during of the material (if any) that was comundergrad, my access to television was pleted. Unlike a failed teb·ision shO\\~ uninterrupted and despite not dis- which is often aggressl\·ely marketed cussing my favourite shows with other during its run but before an entire seapeople, I remained captivated. How· son is completed, ftlms are primarily ever, as the shows wh1ch E\'ERY0'\.1-. marketed once the product is finished. watched came to their respective finales, Television shows are not complete I sought out new shows and apparently when marketing begins, a large number my tastes diverged from the main of shows receive minimum orders until stream. I am not about to turn th1s ar it can be determined whether the show tide into a platform for me to laud the pulls enough of an audience (read: Are efforts of these shows because I think there enough people watching so we It's pretty clear that this arttcle has no can sell advertising space?). Thus, it purpose. seems that yanking the carpet out from However, a problem soon emerged. underneath faithful viewers is unique to '\o longer watchmg the most popular the medium of television. teb 1sion shows means you cannot deJ\s an avid consumer of this product, pend on your favourite characters even I find it hard to justify getting invested being around the following year. Even in a particular show if tcle\·ision is so though with each episode your invest- inherently unstable. I suppose I could ment in the story and their characters just watch lAw e::."'Ordersince that show deepens, most television shows do not will only go off the air when Sam \X'ahave the advantages that your favourite terston dies and, by that time, it is just as novel docs. It is hard to imagine an au- likely they'll CGI him mto new thor being refused the ink to finish the ep1sodes. I could just watch the most final portion of his or her latest novel; popular shows on television e\en if especially if the audience has already they are not the best shows. I may not read chapters one through twenty. be entirely satisfied, but at least I would Even in fllm, it is rare to hear of an in- avoid uncertaint]. Or maybe I should complete film (though Tern Gill1am's just take up cricket. efforts to adapt Don Quixotr come to mind). \X'hen I say that 1t 1s rare to hear

tcrs (note: the band name is also the name of a lesb1an sex act) managed to outdo anything I would have ex-

'\umb.'' From the latest album, they performld ongs including "!lair B.tby," "Shl 's My .\Ian" and "I Can't Decide," among many others, of course. J\lthough I \lo"aS disappointed not to hear the acou~tic "~lary," I was still \'cry impressed with the choice of set list, gi,·en their ltmited discography.

Along with one of the best concert-going crowds I have seen in a long time, which included some great costumes, drag, and even a group of people dressed as flight attendants, the night was a non-stop peered from theu concerts. Runnmg show of drinking, music, and as exthrough almost their enttre song hst, pected, dancing. It was a great start to they played songs from their self-ti- what concert-goers are anticipating to tled debut album such as "Take Your be an exciting concert season 10 t-..\arna Out;' "Ti.ll\ on the Radlo" and Toronto this comi.ng summer. their runaway hit in England, a remake of Pink Floyd's "Comfortable

DRUNK continued from pg. 32 her. Good mus1c though.

Jeremy- wtf. I said that he could wear the: skinny jeans out of the house - now he is getting all skittish [I said awkward] - like I might pounce on rum a few more glasse:> of scotch - trust me Jeremy- the jeans arc passahie, but not that flattenng. (Ouch] While I meant the toast, I certainly d1dn't mean it the way that he seems to have taken it (I think you misunderstood the: last paragraph ... ].

Anyways, he is swaying to the next song that I have chosen and the: awkwardness has passed (or spread]. This scotch is very easy to drink - It goes down easily and opens up after you have S'W'llllowed it. Th1s one beats the McClelland's, but it's no Bowmore 17.

The thing about Bowmorc: is that you n:ally have to buy the older stuff for it to be worth drinking. Otherwise it is way too mcdicmal. I'm not drunk but seem to be fcchng the: effects of blue: cheese, beef ribs, I rcnch fries and a lot of scotch. Kate p1ckcd a good song though this time. This scotch is good. It IS a very pleasant drink and g~ves the Bowmore a run for its money.

The Bowmore though is far more: mtc:nse feelings though than this one: 1s for; this one would be good for the: end of a pleasant evening. Kate says the Bowmore JS for great cc:lc:brations or for great mourning.

She lights her pipe. It is a Peterson church\1 arden. I want one:.

I bought my pipe: while: I was visiting family m Dublin. I was 21, and I had a shaved

head with fuschia bang.;, Oga cars and facial picrcings (PRI~TI" 1'\TIOGS!) [SC ·\RYJ - Jeremy now fc:c:ls drunk. 1 found my way to the flag~hip Peterson store: in Dublm and went in and a~ked one of the aged men behind the counter to help me sc:lect a pipe a

a ~ouvenir of my trip. It took some convincing, but once: he got behind the: mi~­ ~ion, so did the rest of the: men in the store.

I walked out 'With a beautiful, long·stemmed chuch·wardc:n pipe ("very lady-like:," according to the men in the: store), but not until afrc:r they had closed the store for lunch and taken me: upstairs to the smokmg room to show me how to pack it, and sent me: off with a generous hc:lping of "vanilla flavoured" tobacco, which apparently ladies love Jerc:mv ha~ now turned off my music,

DRUNK continued on pg.34

34

ULTRA VIRES

DIVERSIONS

~L\RC!-1

TV: Joanna's Year-End Rundown I get about how the writers can claim that there is a master plan and that thts is all leading somewhere which won't be a letdown. I 'II go back to what I said before it's the social interactions that arc interesting, and how these tribes of people deal with their culture clashes is the best thing. It's when you add in li\'ing fog (and now apparently, a rime tra,·eller) that I start to lose patience.

joA:-;'- \ C.OLDI,_'\BIJRG

The Losers ••• 24, dc~pite the awesomeness of Jack Bauer, has turned into an rehash of past plots, aptly demonstrating that the issue with escalation is that eventual!), there is nowhere good to go. Studio 60 on"the Sunset Strip is now on hiatus (read: in serious trouble) possibly, because, even more than others, it turned into an exorcism of Aaron Sorkin's personal issues.

American Idol. I belie\"C that this show is now officially a parody of itself !Ed note: blasphemy! Melinda Doolittle 4cvcr!!]

The Winners ...

The Vast Middle Ground ...

""'

New ::;ince I last wrote, The Dresden Files is a science fiction series based on the adventures of a modern da) wizard, loosely based on the novels by Jim Butcher. ·\!though it's painfully low budget at times, part of that means that it's shot JO Toronto, which means episodes can turn into a fun game of spot the landmark. \X'ith respect to Sur- vivor, my problem with the whole ncbtribe, poor-tribe plot is that it automaticall) creates a group of underdogs that DRUNK continued from pg.33 you want to root for, but then systematically eliminates them. It makes episodes dec\anng It "the Frank Sinatra pomon tl()wnright painful to watch at tlmes, cs ()£ the c-.en\n~'. l nave n oth\ng to o£fct in that area. pecially coming off last season (one of my personal favorites) where the under· She seems to know the words though. I dogs Aitu, despite only having four peowant to keep listerung but someone has ple to Raro's eight, managed to hang decided she has had enough. And now together and make it to the final four, the Sinatra portion of the everung IS over. picking the others off one jerk at a time.

Sadness. Is what we are listening to The same split between the teams conmus1c? I hear noise. Make the noise stop. ~lake the noise stop. ~lake the noise stop. cept also isn't working well for The Ap~lake the noise stop. :\fake the noise stop. prentice, just because of how ridiculous '\take the noise stop. ~lake the noise stop.

1t makes things. I know, I know, how can :\take the noise stop. :\fake the noise stop.

I expect reason or legitimacy from a \.lake the noise stop. Please ... Time for sh ow hosted by someone who refers to the last scotch. himself as "Th e D onald"? But the l am offended. I have put on "Blue Line Swtngcr", which is one of my favorite "end of the night songs." After this, I am just going to let Jeremy have his run of the music, because I can't please h1m. I am still looking forward to the Lagavulin, the most expensive of the scotches that we have partaken of this everung. 1 plan to drink enough of it to numb myself against his cougar jokes and his music choices. \X'e'Usee how it goes.

It is now 12:26. I can barely move and I am forgcmng to breathe. I'm smeUing your sweet. Should I spend the next six hours trying to get you off of your feet?

O H! Yeah, I like this song. WeU done Kate. The last scotch. Lagavu!Jn 16 year old ($93.50 LCBO# 207126). Amber and clear. SmeUs of the bogs and the glen. It IS my turn to toast. Quote Robert Frost.

The scotch tastes like smoke. Our theme song from the summer of 2005 is played.

I lost fifteen pounds to this song that summer. Good times. This scotch is intense. I think it comes in fifth for me this evening. But it was a good evening. Too bad Huw drank all the Bowmore.

straight job interview concept worked when the contestants had strong personalities and actual skill sets (and tasks to which they could apply them). r-...ow, it's just peo ple making a mockery out of themselves.

House had a weak fall with the torturous Tritter storyline (House could go to jail! Because he met and insulted someone as grumpy as h e is! Who happens to be a grudge-bearing cop! With nothing better to do with his time than devote his life to dogging House's tail!), but with his recent faking of cancer for the drugs, my favorite TV doctor seems to be back in fine form. Lost has been pretty actionpacked this season , with a lot of great cliffhanger moments. However, the more we find out, the more incredulous

Heroes managed to keep things consistently interesting and unpredictable. I can't wait to see how it all turns out, and am not sure \\hethcr it would be more awesome to have New York decimated by II"P·tPr·.a..... n.~- nuclear or sa\·ed in the nick time (with apologies to those who plan on working there). Apparently, plans for next season include a completely new story with a new cast of characters, although there will be some cameos from people that we li.ave come to know thts season, which wilJ hopefully be an effective alternative to expanding the show past where the story can legitimately take you (*ahem* Lost and Pn on Break). I also just got hooked on Ugly Betty. It's like candy in television form, complete with brightly coloured wrapping. And the story (odd girl out makes her way 10 the shallow fashion magazine industry, while staying true to herself) is just the type that doesn't make you feel guilty about snacking while watching. It's a great blend of wacky moments and heartfelt plothnes.

GAMES!

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Find all the listed case names, which appear in the puzzle vertically, diagonally, and horizontally.

G v L L y R A N T s v A N D ' R E w s y T E w L 0 N D 0 N D R u G s L p A L s G R A p H E I R w I N T 0 y y K A E A F R N p A 8 H L 8 v D J L w A K I J L 0 L A v A L L E G s A y E A p v E s s M v R E E X w T s H E L F E R D 0 R s E T y A c H T IRWIN TOY BIGM LAW LONDON DRUGS GALLIE V LEE

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20, 2007

DIVERSH >NS

Ultra News See the winners of our Ultra Nelvs contest!

Dean Issues Facebook Policy Last week faculty members receiYcd their annual likeability ratings.

Attention was focused on Professor l ~d Morgan's record low likcability factor of 1.38 (on a scale of 10). At thc other end of the scale was staff heavyweight, charmer and the extremely good·looking Ben 1\larie who scored an astounding 9.74. It was after receiving this score that Dean ,\foran did some investigating: "I asked myself, 'Could Alaric really be 7 umes more likeable than ~forgan?' Even though the answer to that question is clearly 'yes', I thought l should still look into it," said Moran.

It turns out that the staf( with the highest likeability factors were using services like Facebook to communicate with students. Moran says when she discovered this, "It seemed a little underhanded -it would be like if I were to raise tuition \\:ithout telling anyone."

In response, :\loran has forced Alaric to shutdown his Facebook account, and has forbidden any faculty from setting up

her graduating year, has submitted a formal complaint to the Faculty alleging that the name 'cougar' further propogatl's the l\t('reotypc of o lder women students and makes integration within the younger student body ncar 1mpossible. ( >thers n·main sausficd with the current arrange· mcnt. f lm\'e\·er, most ~ecm rclic\·cd that new names arc assigned each yt-ar. "!Ia\. ing survived being 'Dillweed' all of second year', noted Thomas (3L), 'I'll take H1ppo any day.'

Some have gone as far as to bhme th<.1r assigned pseudonyms for their poor academic results. Dave. (3L) wouldn't agree with the saymg 'slow and steady wins the race'. He noted: "As a 'tu rtle' I paced myself at the beginning of the exam, and yet I still found myself franti· cally typing for the last half hour. It's just not fair."

The concerns raised aren't limited to students' on-campus experience however as alleganons that some have adopted their pscudonvms as an off-campus persona. Janice, a second-year medical student who attended the recent inter-faculty Profac mixer, was disgusted by the advances made by a th1rd vcar \aw student, stating: "This guy approached me saying that there was a good reason the law school named 'Stallion'."

The Faculty IS investigating students' concerns. Associate Dean Sossin observed that this is not the first orne that the Faculty's efforts to retain anonymity have been contested. The pseudonyms were introduced in response to student complaints that reliance on numbered code made them feel like inmates 10 what some dubbed, "a legal prison". Sossin added that the flora and fauna ref(;rences

Alarie's former faccbook "friends" arc very upset about these events, calling the Dean's decision, "short-sighted," "a great travesty," her "worst decisiOn since taking 1m t <:job." Hamish Stewart gave the de cis1on, "2 (emoticon) thumbs down."

One Alarie "friend" commented, "One day, it's me and "Big Ben," tagging each other in photos, poking each other with case, the next, I can't find h1s proftlc.

How am I going to remember h1s birthday now? Or find out from wall-to-wall stalking what he and his real friends have planned for the weekend? It's more than a little distressing."

Sn.PHJ·'l BIR\1:\:-..J \:\D Dw1 SJ·J \,\R.\'JX\\1 were intended to be light-hearted and more easily memorable. "I didn't suspect What's in a Name? stu d cnts would rna kc such a big d cal out The Faculty is revismg of wildlife names"' its allocation of student L\LR.\ Hi\GH pseudonyms over concerns about the1r Impact Satan: Moran is on student morale. CurSatan rently, every student is randomly assihmed Lucifer, the Prince of Darkness, · confirmed a pseudonym at the beginning of every academic year to ensure the anonymity today that Mayo ~loran, of written exams and submitted assignDean of the U of T Fac ments. Traditionally, first-years arc asulty of Law, is in fact signed names of plants, second-years Himsel£ "Yeah, okay, you got me. Moran names of birds and third-years names of is me. I am .Moran. What gave it away? animals. The system has come under re- Jackmg up tuition? cent controversy following the release of "Slaughtering the DLS staff lawyers? a student survey conducted by Helmut Or doing it all with a smile? You clever indicating that the pseudonyms are im bunch you," Satan responded when pacting student morale as well as per queried about reports that Dean Moran formance. is really his earthl} avatar. Remember Although the administration assures when your mother told you never to trust Students that the pseudonyms are ran- people who smile all the time? Well, she domly generated and are relied upon was right. You shouldn't. They're Satan .M.\LCOI.\f KAr/. solely to ensure anonymity, many remain 1sceP.tical ..Michelle a mature student in rtrrt rrrrr'rrrrrrr ,,,

35

Daniels: Moran is Daniels Ron Daniels, ex-Dean of the ll ofT Faculty of l.aw and sex addJct, confirmt•d toda} that 1'11a)O 1\loran, Dean of the U ofT Faculty of J..:l\\; is in fact himsdf. "Yeah, okay, )Ou go1 me. i\lornn is me. I am ~loran. I personal!} think 1t was my best idea yet," Daniels responded when yucricd about report:- that Dean ,\loran is really ex-Dean Daniels. "\Vho knew that losing the dick, plastering pictures of chicks c::\'crywhere, and gJ\'ing away muffins would make it okay for me to jack up tultJon, massacre the DI~') staff lawyers, and push ahead w11h new building plans instead of impro\'ing fi. nancial aid. If I had known how well things would go, I would ha\'e said I was from a trailer park ages ago." ;\L\J.COI.\1 K\lZ

Building Plan Dean Mayo \loran has announced a massive new fundraising drive to alleviate the faculty's space constraints. The plan calls for a S6.7 million extcn sion and upgrade of York's law library, and IS expected to clear significant space in the Bora Laskin law library.

Said Dean Moran: "The Building Comrruttec got together and decided that the cheapest way to create more space for our students was to fmd some way to get all the Osgoode students w leave."

Da\ e (2L) was enthusiaStiC - "lr's about time, now we just need to get rid of all those people in scrubs." In related news, Dean Moran also announced that the Commtttee IS currently studying plans. to construct a rephca of the Rowell Room in the ~fus1c School.

S.\.\0 AmtAD

Finally, UV acknowledges its editorial bias \Xc've heard the whispers, and we\·e read more msinuations on lawbuzz than

Briefly Noted Third year sull not back from "reading'' week Fla\clle foyer turned into Trailblazer obstacle course Dean .\lornn raises tuition, forge1 to tell students

DLS lawyer demands apology, gets LJ\' sub~cription instl'ad Glickl' normalized through mtensi\ e therapeutic procedure Goldberg goes on sick leave, cites 'Committee Fatigue' SLS mired in its own superiority Librar} staffer turns against its own 'rock star' Papadopolous Financial Atd Committee finds new ways to screw students Dean turns down Sossin's offer to model topless to ra.IS(: funds for new building DLS Task Force gives Fxccutivc Director a raise says, "Browny is doing a heckuva JOb" Goodman and Carr not so good, man Michael Trebilcock down to three teeth Dean lowers Zalis' and Kershaw's grades amid suspicions of steroid abuse Facultv declares Ma} 17 Michelle L1mmerman Day !!aviv predicts another close presidential race Student takes it too far \\1th Shdden thong Sav Falconer denizens: All hail, ,\nt Overlords!

1J. still wondering what transnational we can handle. And really, it was inlaw has to do with cross-dressing evitable. I mean, take a look at the rosBenson emerges from hibernation, ter of L'V editors and It's copiously predicts early spring clear that a certain group 1s over reprc scnted compared to the general popula tion. You know who we're talk10g about here. It Isn't new. And its not just at l TV; they're everywhere. You see it if you look at the big five bank C.bO's; two of them, including CIBC's Chuck \X'inograd are from this tribe, as ts One:"'s Gerald Schwartz. Same Wlth the media; these people, hke Can\X'est's Aspers, control it in a way utter!} disproportionate to their percentage of the population. And don't get us started on the student body at tlus school. If you look closely around Flavelle, you can see them congregating, complete with their ideologtcal slant, thier peculiar sense of throw political correctness out the winhumor, and their shared sense of loss dow, we're coming out and admitting it: derived from their loved ones having The UV editorial staff has way too been exiled to the desert many years many. ....... Winnipegcrs. ago. It's getting out of control. And so 5n \h \X'1 Rli-R, MI-.GHAN RIIJ:.Y AND today, in our final issue, when we can .

DAIF. H :\WI:.RC:HUII:

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