ULTRA
VIRES
THE STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW
VOLUME 10, ISSUE 1
WWW.ULTRAVIRES.CA
SEPTEMBER 16, 2008
First-years give Orientation Week two thumbs up
More on this year’s Orientation Week festivities: see page 10 for a photo spread.
UV
INDEX •DEAN MORAN INTERVIEW.....P. 3 •FIRST-YEAR SURVEY.....P. 6 •SUMMER JOBS.....P. 8
•FIRST-YEAR SURVIVAL GUIDE.....P. 17
•DEAR UV.....P. 25
•GAMES.....P. 24, 26
Asper Centre open for business
As U of T Law students will know, alumnus David Asper (LLM ’07) made a $7.5 million gift to the Faculty of Law in November 2007 – the largest ever given to a Canadian law school – to establish the David Asper Centre for Constitutional Rights. Since last November, administration, faculty and staff have been working hard to get the Asper Centre off the ground and to shape a vision for its future. Now that the official opening is past and the Centre’s work is beginning, UV got in touch
Love law?
BY TINA YANG (2L)
with Director Cheryl Milne and Dean Mayo Moran to find out a little more about the Centre, and how students can fit into that vision. Overall, the Asper Centre will look at a broad spectrum of constitutional law, including issues from every section of the Charter. In particular, there will be a focus on litigation where the advisory committee feels that the law school setting, and the participation of academics, will bring something important to a case. Given that many who launch con-
stitutional litigation do so with inadequate resources, the Centre will represent a unique opportunity to take the intellectual resources of this law school and apply them to interesting constitutional arguments. Milne hopes that the Asper Centre will serve as a catalyst for students to learn about public interest work, as well as a site for collaboration between faculty and the private bar... CONTINUED ON PAGE 5
And the promise of challenge, mentoring and opportunity? Osler, Hoskin & Harcourt LLP. Our students know. oslerstudent.com | Toronto Montréal Calgary Ottawa New York
Masthead
Ultra Vires staff weigh in on this issue’s pressing matters
The year ahead: elections, articling, the end of the world?
As a new school year begins, a fresh crop of first-year students begins the year with excitement, hope, aspirations, and debt (although a lot less than they’ll end up leaving with). The excitement will rise as the professors encourage creative thinking and promote idealism; it will then quickly dwindle as the students realize that the workload leaves little time for actual thinking. The hope will wax and wane periodically over the course of the degree, with exam time predictably coinciding with a low point for this particular attribute. Fortunately, aspirations of some sort, will remain with the students at all times. Just precisely what these aspirations are will likely to shift and adjust as students realize that their interests may lie in areas of the law other than the ones they had anticipated at the outset of their degree. Not unlike entropy, debt is unidirectional; it will never decrease and instead tends to increase whenever possible. At least until you finish school, in any event. **** It is an interesting time to be in law school: Elections – both Canadian and American – are imminent, and both have the potential to shape the future and alter the arena in which we will practice. As students (and to a certain extent, this is true for as lawyers as well), we find ourselves well-insulated from the global economic downturn confronting most or all the G8 nations. Closer to home, things at our little school are changing as well: the Asper Centre is now up and running. Also, the New Law School Building (codenamed “NLSB”) plans are well underway, and UV hopes that this does not mean that current students will be relegated to second priority. Tuition is – as usual – increasing, along with corresponding claims of increased accessibility emanating from the administration in brochures and the like. Comfort is doled out in the form of customary assurances that – counterintuitive as it may seem – in fact, higher tuition means greater accessibility, as more money is supposedly siphoned from those students able to pay and delivered as aid to those students who cannot afford it. Strange, then, how most students, both wealthy and impecunious, would probably just rather have tuition stay where it is than embrace this wonderful system. But maybe this is just the cost of doing business; we don’t know for sure. The Law Society of Upper Canada continues to mull the fate of what is to be done with the licensing process in Ontario, with passionate defences of the value of the articling process coming up against an increasing backlog of students unable to find articles on account of the shortage of positions. This is coming to a head, and something must be done, whatever that may be. Regardless of what it is, it will likely have implications for this current first-year class. The Moot Court Room still does not have wireless. This, we are told, is deliberate. After all, it only stands to reason that we should waste our time on the internet in all of our other classes – just not those conducted in the MCR. The UV is as confused as you all are.
ULTRA VIRES
is the student newspaper of the Faculty of Law at the University of Toronto.
Editors - In - Chief News Editor Opinion and Editorial Features Diversions Production and Design Business Manager IT/Website Manager Copy Editor Photography First Year Content
Rano Daoud & Ari David Kopolovic Kalvin Sie Jeffrey Rybak Karin Sachar & Elie Goldberg Sharon Silbert Lisa Chuyow & Danielle Stone Sam Ault Sam Ault Tina Yang Google Images TBD
Communications Centre, Falconer Hall 84 Queens Park Crescent, Toronto ON M5S 2C5 ultra.vires@utoronto.ca (416) 946 - 7684
And maybe none of this matters: With the Large Hadron Collider up and running at CERN, some forecast the end of the world.* As law is only relevant in the context of the world, maybe none of what we’re doing really matters. But until this CERNinduced Armageddon occurs (and the UV is not holding its breath), one thing is certain: it is the students that make this school great…or crappy, for that matter. It is up to you to decide what you want to make of this experience. Until next time, then, we’ll be at the bar. *Note: Scientists assure us that this is ridiculous.
Future site of the NLSB?
Contributors
Sam Ault, Lisa Chuyow, Rano Daoud, Kevin Dorgan, Mark Edelstein, Karen Esslen, Elie Goldberg, Javier Gonzalez, Mike Hamata, Jeff Kang, Ari David Kopolovic, Brendan McCutchen, Amanda Melvin, Dan Moore, Jeremy Opolsky, The New Anonymous Ranter, Jeffrey Rybak, Kalvin Sie, Emily Silbert, Sharon Silbert, Jennifer Simpson, Alykhan Sunderji, Aneesa Walji, Robin Whitehead, Tina Yang Ultra Vires is an editorially autonomous newspaper. We are open to contributions which reflect diverse points of view, and our contents do not necessarily reflect the views of the Faculty of Law, the Students’ Law Society (SLS), or the editorial board. We welcome contributions from students, faculty, and other interested persons. Ultra Vires reserves the right to edit 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 on October 16, 2008 and the deadline for submissions is October 8, 2008.
NEWS
SLS presents, pro bono expands, a sit-down with the Dean, and more...
An interview with Dean Mayo Moran BY ARI DAVID KOPOLOVIC (3L)
In September 2008, UV sat down with Dean Moran to discuss ongoing matters at the Faculty of Law.
term.
two obvious things – The [David] Asper Centre [for Constitutional Rights], which we received a gift for last year, is getting off the ground: we’ve hired an executive director, and a clinical course will give students the opportunity to work in a practical sense; also, we had a colloquium with hundreds of lawyers, judges and Crowns. The other big new thing, I guess, is the Transnational Legal Centre in London – we’ve got 9-10 students going there this year; there will be a launch in October with people from the House of Lords to sign the documents and such, and we have two professors there: Professor Rittich is there now, and Professor Waddams will be going second
D.M.M.: Now, we’re doing two things: [1] Architects are taking the conceptual design which was selected last year and turning it into actual schematic drawings which will be the basis of two other things: the actual building, and getting zoning approvals – we’ve been working on that. We started, as you might remember, late spring/early summer to work on actual schematics, which involves a lot of consultation with students and staff to find out where things should actually go. That process is well under way; my guess is that it’s probably another few months on that process. After that, the schematic drawings will be the
Effi’s still here. Ed Morgan got a haircut. And there’s internet in Falconer. Oh, how good it is to be back at the law school. Whether you were fighting for refugee rights or corporate welfare, it’s always nice to see old friends and reminisce over a cup of Lawbucks’s signature coffee. Need something to talk about other than Bonnie Goldberg’s sudden departure? How about your student government’s priorities for the year? Miranda, Steven, and I are confident that the SLS will accomplish quite a lot this year and this is a preview of what we hope to tackle this semester.
sources. Stay tuned for further updates.
Last year, the SLS distributed over $16,000 to various clubs for events, conferences, and speakers. We have the kind of school where students are exposed to a number of ideas through student-run initiatives and it’s our job to support that environment. However, the SLS can’t pretend to be the sole source of club funding. The school’s recent reduction in event sponsorship and its policy on restricting firm funding is limiting the full potential of our students. But the administration is coming around on this one. The SLS has already begun talks to liberalize the policy and make it easier for clubs to obtain funding from outside
Better Website
Q: The new building: tell us about it. What stage is the Question: What’s new at the process at? When will it be comFaculty of Law this year? plete? Will any of the current stuDean Mayo Moran: Well, there are dents be able to enjoy it?
Club Funding
basis for going to get the zoning changes, which should take about a year even if the changes are uncontroversial. [2] At the same time, right now we’re just starting the fundraising campaign because we now have a more specific design and we’re now having more serious conversations about the project and that should take about 12-18 months – we’d start construction in 2010 or 2011 depending on how those various things go.
Q: As you know, beginning this year there will be an unprecedented shortfall in the number of Q: How was fundraising in the articling positions relative to the last year relative to previous number of law graduates in Onyears? What can you tell us about tario, and this pool of students is the breakdown of where the expected to grow as candidates funds were coming from and who did not find articles return where the funds are going to be to seek articles in subsequent going? What do you have years. What are your views on planned for this coming year? this, and what has U of T done D.M.M.: We did well – because of to protect the best interests of its course we had the Asper gift, which was students? as most know, the biggest gift to a law
Law school, meet your SLS BY ALYKHAN SUNDERJI (3L)
Quality of Life
We are committed to maintaining the quality of life at the law school while resources are being accumulated for the building project. From talks with the administration, it’s clear they saw the appreciation of students after the resolution of “Bathroom Gate” last year. We are working with the administration to address the infrastructure issues that can be dealt with in the short and medium term. Right now we have a few things on our radar (kitchen, IT/email, handicap access) but plan to gather student feedback in the near future. The SLS is currently engaged in revamping its website. We are hoping to include sections where students can post summaries (take that, Google), retrieve model answers to the past exams on the library website, and barter with other students via U of T Law classifieds. We will be reaching out for student suggestions, so keep an eye on Headnotes.
Affairs – Take it to the limit
SLS Affairs is launching a new mechanism for students to suggest event ideas and work with SLS reps to get those ideas off the ground. The SLS has a lot
school in Canadian history, in terms of funds committed. The Asper gift was half capital and half program, so half of it was for the clinical course and workshops and programs. I think that over the course of the whole year, we raised about $10 million.
of infrastructure and experience in arranging school-wide affairs – and we want students not otherwise interested in student government to use this mechanism to ensure a diversity of events at the law school.
Caucus 2.0
With more than a couple reps going on exchange or away to business school, the Caucus has undergone quite a change in membership. Anticipating the opportunity that comes with 12 newly minted reps, VP Academic Steven Hoffman arranged for a day-long session to get everyone up to speed on institutional memory as well as chart priorities and strategies for the upcoming year. On our hotlist of Faculty policies to tackle: enhanced services at the CDO and Financial Aid, an examination of our evaluation methods, better communication of the school’s vision, and a more focused effort on increasing international opportunities.
We expect this to be an exciting year. On the Affairs side, we hope to increase club funding as well as provide a mechanism for new events. On the Caucus side, the administration heard a lot of concerns from students in the record number of town halls arranged by the SLS last year. This year, the administra-
CONTINUED ON PAGE 18
tion has expressed a renewed commitment to addressing the concerns of students and we can’t wait to get started. In the meantime, keep an eye out for SLS announcements, and as always, feel free to email me, any SLS rep, or the SLS directly at sls.law@utoronto.ca.
List of Representatives (as provided by the SLS)
President: Alykhan Sunderji (3L) Vice-President (Affairs): Miranda Spence (2L) Vice-President (Academic): Steven Hoffman (2L) Caucus: Lisa Chuyow (3L), Tony Navaneelan (3L), Jackie Vandermeulen (3L), Meghan Vuksic (3L), Cassandra Florio (2L), Isaac Tang (2L), Bruce Rose-Innes (2L), Melissa Kim (2L), Jennifer Sorge (2L), Ayan Hersi (1L), Tuca Bihari (1L), Aaron Levenstadt (1L), Karim Amlani (1L) Affairs: Alex Gorka (3L), Kate SangsterPoole (3L), Nick Shkordoff (3L), Chelsea Miller (2L), Annie Pyke (2L), Laura Wagner (2L), Katie Ionson (1L), Lauren Rock (1L), Sarah Hamilton (1L)
4
Spotlight on: Law Help Ontario BY: PRO BONO LAW ONTARIO
Last December, Pro Bono Law Ontario (a private non-profit organization) launched Ontario’s first civil litigation self-help centre, called Law Help Ontario. Located at 393 University Avenue, right where the Ontario Superior Courts are located, Law Help Ontario provides civil (non-family) litigation help to self-represented litigants in the low-income bracket. Pro Bono Law Ontario’s partners include, to name a few, Blake, Cassels & Graydon LLP, Borden Ladner Gervais LLP, Davies Howe Partners, and Gowling Lafleur Henderson LLP. There are about 150 volunteer lawyers that lend their expertise to Law Help Ontario. Law Help Ontario’s mandate is to help people help themselves. The volunteer lawyers help qualified litigants understand their rights, asses the merits of their case and wade through the often overwhelming number of forms. Clients can speak to a lawyer, get help completing court
NEWS
forms, find plain-language procedural information and get referrals to other services like dispute resolution or the Law Society’s Lawyer Referral Service. Starting September, Law Help Ontario is opening its doors to law students attending Osgoode Hall Law School and the University of Toronto Faculty of Law to gain some valuable civil litigation experience while contributing to public service. This comes at an opportune time for students attending Osgoode Hall since the faculty recently instigated the Osgoode Public Interest Requirement. Starting with the Class of 2010, all Osgoode students must have 40 hours of public interest, law-related work in order to graduate. It is not clear whether or not other law schools will follow suit but having such volunteering experience will definitely benefit any law student.
ULTRA VIRES
Five years ago in UltraVires
Students’ Law Society restructures
The old Students’ Law Society and Faculty Council student caucus have merged into the inaugural “new form” SLS. The Student Affairs branch organizes social and charitable events, adminsters funds, and oversees all student activities, while the Student Caucus branch handles all policy issues that arise within the Faculty and the university as a whole. The new SLS will focus its energy on bringing together administration, faculty, and student representatives, as well as making itself “more visible and relevant to students”, including initiatives such as a newly launched website.
Provincial election sparks tuition debate
With Premier Ernie Eves dropping the writ for an October 2 election, law students have organized a rally calling for a cap on tuition at the law school and increasing support for education. While one first year student commented that the rally seems “really undignified”, support for the event extends from the student representatives on Faculty Council to law school professors, as well as local Liberal and NDP candidates.
U of T Law prevails through the end of the “match” program
Acting Assistant Dean of Career Services Lianne Krakauer reports that “the [articling] results for the class of 2004 are impressive.” Based on feedback from 150 students, 125 will be articling with law firms, ten will be at clinics or government agencies, and fourteen will be clerking. Although the majority of students chose to remain in Toronto, other destinations include Ottawa, Vancouver, Calgary, Halifax, and Hamilton, as well as associate positions in the United States.
Bora Laskin fully stacked
After a difficult time of shortages, the Bora Laskin Law Library has added three new faces to its staff. Sooin Kim began as the Centre of Innovation, Law and Policy Librarian and Administrator in April, alum John Papadopoulos is the new Information Services Librarian, and Esmé Saulig started in July as the Access Services Coordinator. All three have extensive experience working in legal reference for Toronto law firms. In addition to the new “dream team”, library additions inclue new chairs in the computer lab, upgraded Law Commons computers, and new e.legal content.
Hang Your Hat Here… We are looking for students with diverse backgrounds, eclectic interests and entrepreneurial spirit to hang their many hats with ours. Be a part of one of the most dynamic legal practices in Canada. Contact our Assistant Director of Student Programs, Leigh-Ann McGowan at lamcgowan@casselsbrock.com or visit our student website at www.casselsbrock.com
© 2008 Cassels Brock & Blackwell LLP. Cassels Brock and the CB logo are registered trade-marks of Cassels Brock & Blackwell LLP. All rights reserved.
SEPTEMBER 16, 2008 ASPER - from page 1
... in litigating human rights and social justice issues. Both she and Dean Mayo Moran speak of contributing to a “broader constitutional vision” beyond the law school, with the latter emphasizing that “the overall goal of the centre is to enhance the legal culture of constitutional rights.” All parties involved are dedicated to the idea of raising the national and international profile of constitutional initiatives, with a focus on enabling student involvement at the Centre as much as possible.
NEWS
5
professionals from the constitutional bar. The workshop series will exist in conjunction with the clinical work to help to bring attention to the constitutional work already ongoing at the Faculty, as well as raising its profile significantly in courtrooms. Also in keeping with the idea of improving the discourse of constitutional rights, another project which may be available through the Centre involves the workshopping of legal arguments. Beyond working on actual cases, interested parties will be able to, under student and faculty scrutiny, craft and
Could we be looking for you? fmc-law.com/students
Big smiles at last year’s Asper Centre announcement
The most obvious means for students to participate in the Asper Centre’s work is through the credit course, which will begin in January. Similar to the other clinic opportunities at the law school, upper-year students will be eligible to apply to the Asper Centre for a term, where they will carry caseloads under staff supervision and gain practical skills in legal research and constitutional advocacy. Although the Centre’s mandate is still developing, there is already a commitment to providing an intensive pedagogical experience for students, and the decision to take on a case will involve an assessment of its educational value. For those seeking clinic work on a non-credit basis, Dean Moran describes a variety of alternate ways for students to “feed into” the clinical work, mentioning a structure similar to the working groups of the International Human Rights Program, ideas of directed research clusters, as well as opportunities for first-year students, possibly through pairing with upper-year students for work at the clinic. Beyond the constitutional rights clinic, it is anticipated that there will be a range of other activities to engage students’ interest. For example, students, as well as others, will be able to attend the Centre’s workshop series, which will present academic speakers, as well as
refine oral arguments before they eventually reach the courts. There are also ideas afloat regarding analyzing the constitutionality of legislation, and advocacy in a variety of other spheres. Overall, the atmosphere surrounding the Asper Centre is one of general optimism and excitement for student participation. Those interested in constitutional litigation or constitutional law scholarship, as well as those who have ideas or suggestions for developing the student program, are invited to get in touch with Cheryl Milne with their thoughts. You can reach Cheryl Milne via e-mail at cheryl.milne@utoronto.ca, or by phone at (416) 978-0092.
FEATURES
O-Week, the 1Ls speak, what we did last summer, and more...
UV first-year survey results BY AMANDA MELVIN (1L)
Although soon enough the world will know the entering class’s average cumulative GPA, LSAT score and other academic and demographic statistics, many refuse to accept that the first-year law class can be compartmentalized into such clear cut and informative categories. This survey was devised to inform the first-year and upper-year students, and the rest of the world, what these students really think and do. Disclaimer: This survey was not conducted in a scientific fashion. It is merely a collection of the opinions expressed by those first-year students who opted to participate, just over ¼ of the class.
On International Women’s Day, the law school was bursting with the energy of feminists who came together to envision a different history for s. 15 of the Charter and its guarantee of equal treatment before and under the law, and equal benefit of the law. As the self-appointed Women’s Court of Canada, twenty feminist scholars, activists and litigators took the Supreme Court of Canada head-on, reviewing and rewriting their decisions to articulate a complete framework for what legal equality could mean in Canada. Their decisions push the boundaries of doctrine, breaking the retaining walls of the current law to see how far another law could go. The W.C.C. decisions in Law v. Canada and others, by taking on the basic premises of the current s. 15 jurisprudence, suggest some tools for how to do the work of re-envisioning the Charter that was emphasized at the launch of the new David Asper Centre for Constitutional Rights. At that event, a number of new mandates for the Charter were articulated. The Charter must be made to provide more effective remedies, Cynthia Peterson commented. Michael Code insisted that a coherent structure for the enforcement of Charter rights is needed. Marlys Edwardh argued the Charter should account for poverty
The survey showed that first-year stu- taking 15.7% of the vote each. Not surdents are, in general, very proud to be prisingly, based on U of T’s strong acamembers of U of T Law, with 96.1% of demic-oriented background, a full 40% respondents of the opinion that U of T of people plan on being in the top third is the best law school in Canada. Fur- of the class at the end of the school ther, if they could go anywhere in North year. In contrast, only 2% of people, America, the vast majority of students probably intimidated by all the smart would choose U of T, with Yale only a and obscure comments people make in distant second. To class, voted that get into their first they would be in choice schools, stuthe bottom third of dents spent an averthe class. With 45% “ 96.1% OF RESPONof people “caring a age of 4 weeks DENTS [WERE] OF THE studying for the lot” about grades, OPINION THAT U OF T IS LSAT, with a range some people are THE BEST LAW SCHOOL IN going to be seribetween 0 and 16 weeks studying. ously disappointed, CANADA.” come April. They hail primarily from Ontario, with In terms of fuBritish Columbia a ture aspirations, noteworthy second. 66% of students plan to work for a “big Academically, the entering class’s fa- firm” at some point after graduation, vorite subject (according to 45.1% of with 43.1% of people intending on staypeople) is Torts, with Constitutional ing within the field of law, and an equal Law and Contracts trailing in second, number of people unsure of their future
Re-envisioning the Charter BY KAREN ENSSLEN (2L)
and racism, and change the demographics of whom our society criminalizes. Creative thinking will be required, they said, to make the Charter’s promise of rights fulfill our expectations. Ultra Vires asked Denise Réaume, jus-
Leading Ladies: law rofessors, founding members, and justices of the WCC
tice of the Women’s Court of Canada, for her reflections on the creative work of re-envisioning the Charter.
Question: In your words, what is
the Women’s Court of Canada, and what is its vision?
Denise Réaume: It is a response to mounting dissatisfaction with the level of analysis and engagement with the principle of substantive equality that we have seen coming out of the courts. There is something fundamental that the courts are not understanding about what the appropriate vision of the Charter should be, what substantive equality really means. When you confront that serious a problem, you have to think about what is the best way that you can respond to it in a constructive way. Lots of articles have been written that slammed them for this case, or criticized that case, but they didn’t seem to be having very much effect. The project of criticizing the court may be academically constructive, but it’s not doctrinally constructive. It might not really give players in the field the kind of input they need in order to see how to do it better. We thought that the best way to articulate an alternative vision was just to articulate an alternative vision, and not to do it in a piecemeal way, but by going back to the beginning and asking, well, what did we think substantive equality meant? And in light of that vision, how would we articulate the principles that
career paths. Upon graduation, firstyears had an extremely wide range of expected salaries, with responses ranging from $0 (for someone continuing in grad school) to $160,000. Many students responsibly expressed a desire for “enough” to cover debts. Students find the entering class to be generally likeable people, and 80.4% of people are involved in clubs, clinics, teams or journals, with average expected involvement in approximately 3 activities for the year. In addition, 15.7% of first years plan on holding a... CONTINUED ON PAGE 10
ought to guide adjudication? In 1985, our legal system didn’t have a very deep tradition of thinking seriously about how to use equality as a legal concept to bring some oversight to bear on government behaviour. It’s not surprising at all to me that if everybody is approaching a brand new set of legal issues that are really politically challenging, without a groundwork in legal culture for thinking through those kinds of problems, that there are going to be a lot of false starts, and a lot of bad directions. That’s not the least bit surprising. What the Women’s Court was trying to do through taking on the same task that the judges were taking on was precisely to share the colossal burden with them of having to start from the beginning and actually try to articulate a coherent vision for a whole new area of legal thought. And I think that is the best way to try to make a contribution. It was one of the most challenging things I’ve ever written, to rewrite Law v. Canada, because to really take seriously the intricacy of the legal issue and to work through all of the angles to make sure that you’ve really brought it all to a conclusion that you thought was satisfactory, was an enormous task.
CONTINUED ON PAGE 12
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8
Wanna know what FEATURES
Independent lawyer BY ELIE GOLDBERG (2L)
This summer, I worked for a young Toronto lawyer who runs his own firm – that’s right, he has no boss, no dress code, and no annoying coworkers. Working for a sole practitioner gave me the chance to see an alternative to the ‘big firm’ experience. Because I was the second most seasoned “lawyer” in the office, I was asked to perform tasks, like appearing before masters on ex parte motions, that someone with as little background as a first summer law student has no business doing. Sometimes, it was intimidating. Sometimes, it was rewarding. Overall, though, I was just thankful to get some
practical, legal experience under my belt and a little cash (emphasis on little) in my tuition-depleted bank account. One of the drawbacks of working for such a small firm is the lack of variety. Almost none of what I studied in first year was relevant. No cricket players, adverse possessors, or aiders and abettors came into the office. I did learn a lot about certificates of pending litigation, but in the interests of brevity and not boring the readers I won’t go into more detail. All in all, my summer job was fun, educational, and gave me a behind-the-scenes glimpse into running a law firm.
Large firm - Blakes BY JEREMY OPOLSKY (2L)
I spent this past summer working at Blake Cassels & Graydon (Blakes), a fullservice business law firm. I had no idea what to expect when I applied but I ended up having a really rewarding (and fun) summer. The student program tried to treat us, as much as possible, like articling students. That meant I had access to really interesting work, from working on a big class action to lastminute insolvency filings. The lawyers were very open in providing lots of opportunities for me to shadow them in court. I also made sure I took advantage of the large amount of pro bono work that goes on at Blakes. I got to do research on law reform issues and a case
for the Supreme Court. I even got to spend a day with an associate acting as duty counsel at Small Claims Court, which was quite an experience! Finally, everyone I worked with, both lawyers and students, were fantastic. The lawyers, especially my mentors, took a real interest in what I was doing and took lots of time to help me understand things, make sure I had interesting work – or just to chat. But it was largely the students (all 45 of us) that made the summer so much fun. From regular pub nights, games nights (rock band at the firm) to cooking classes, we all had a great time together.
Research Assistant akes proudly sponsors B J G the (2L) I worked this summer as a research as- footnote checking. Some less fortunate 10th Osgoode sistant for Annual Prof. Mariana Prado, who RAs also did a great deal of scanning was writing a thesis about privatization and photocopying. Moreover, the flexin Brazil. I had a& goodSports time because Law ibility of the schedule often made disntertainment the topic was interesting and the pro- cipline hard to achieve. Further, I felt fessor was great to work with. There that while my friendsat DLS and Bay Association Conference. were deadlines to meet, but I generally St. were learning the ropes, my summer Y AVIER
made my own schedule and worked wherever I pleased. This flexibility also allowed me to enjoy much of what Toronto summers have to offer. Moreover, even though it was a rather lonely enterprise, I forged a bond with several of my fellow researchers, with whom I enjoyed innumerable breaks. However, there were also drawbacks. Many tasks were boring, especially
ONZALEZ
was in many ways an extension of the school year. I recommend the job, but only to those who don’t mind reading a lot when it is nice out, and who manage to find a professor whose interests they share. To the more restless, I would suggest something more hands-on outside of school.
ULTRA VIRES
Pro Bono Students Canada BY ROBIN WHITEHEAD (2L)
When I began my summer job hunt in first year, I had three goals: 1) I wanted to work in public interest law; 2) I wanted a 9-5 job; 3) I wanted the freedom to wear my jeans and birkenstocks to work. My job as National Coordinator at Pro Bono Students Canada (PBSC) allowed me to reach these goals and gave me an opportunity to work with dozens of other law students, lawyers and members of public interest organizations across Canada who work to promote access to justice. U of T houses the PBSC national office, which coordinates public interest volunteer placements at each law school in Canada. Each year thousands of stu-
dents and hundreds of lawyers volunteer their time to promote access to justice through PBSC programs. As National Coordinator, I worked with the Director and Associate Directors at the national office to develop and promote PBSC programs across the country. My work was extremely varied: I attended networking events, I learned the fundamentals of website design, and I planned our national conference in Montreal. Best of all, I got a chance to work with some amazing people across Canada who share the goal of promoting public interest law.
sign on with Where great work and great people come together.
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I did last summer? FEATURES
SEPTEMBER 16, 2008
LAWS Youth Summer Program BY DAN MOORE (2L)
One sunny day in July, there was a dead body in the Rowell Room. Timothy Stevens had been bludgeoned to death with a baseball bat, and a gruesome blood spatter (not “splatter”, as it is frequently but erroneously termed) reached 8 feet up one of the walls. The law school was enveloped in yellow crime scene tape as a large number of unusually young investigators pieced together the complicated events leading up to the murder. At 5 p.m. the day was over, so the students went back to their residence, and I went home. Eleonora Dimitrova, Erin Rose and I were among the five first-year students hired in March to help run the various initiatives undertaken by the LAWS Program during the summer. Together, the three of us ran the Faculty of Law’s first-ever Youth Summer Program (YSP).
At the YSP, high school students from around the world came to Toronto to spend a week learning at the law school and living on campus. Using a curriculum that we designed, we taught the students advanced legal concepts by involving them as Crown or defence counsel in a fictional criminal proceeding that included a simulated crime scene, set date, voir dire, and mock trial. We also heard from many special guests and went on trips to courthouses and law firms. The excitement of building a new program, combined with the privilege of teaching and getting to know some incredibly talented and engaged youth made for a fantastic summer experience. We also got to have an office and keys to the law school, which made us all feel really important.
Toronto IP boutique BY JEFF KANG (2L)
We showed up for work at 9:00 a.m. sharp. Four crisp suits in a row – Bay Street Blue. But this wasn’t Bay Street, and we were told that we should considering going home to get changed. So began my summer at Unidentified (Leading) Toronto Intellectual Property Boutique. By 10:00 a.m., I was writing a memo on the nuances of international trade-mark law. Having just completed 1L and only clutching a vague notion of what intellectual property was about, my first question was: what’s a trademark? (My second question was: what’s a memo?) By the second week, I was submitting my first legal memo – a moment of great joy (and fear) in the career of any law student. By the third week, I had figured out what a trade-mark was. The rest of the summer disappeared in a flurry. There were highs: endless antics with my officemate “Peaches”,
dressing up as a Cabbage Patch kid, drinking contests with the partners. There were also lows: delivering the wrong treatise to my mentoring partner – twice, being stabbed in the ear (charges are pending,!). Along the way I also learned a great deal about intellectual property: the art of patent drafting, the science of pharmaceutical litigation, and the cutthroat world of ice-cream marketing. I learned that there was something satisfying about working with clients known the world over – Fortune 500 companies that make your cold medication or the microprocessors in your laptop. And I learned that there was something satisfying about being home for dinner at 6 p.m. and not worrying about Constitutional Law readings. Such was life at Unidentified (Leading) Toronto Intellectual Property Boutique. I can’t wait to go back.
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Downtown Legal Services BY KEVIN DORGAN (2L)
This past summer I had the opportunity to work at Downtown Legal Services in the Family Law Division. There were 16 summer students in total, spread throughout the clinic’s various practice areas (Criminal, Family, Refugee & Immigration, Tenant Housing and University Affairs), with some students splitting their time between two divisions. In the Family Law division I represented lowincome mothers and fathers in custody, access and child support cases. Family law has a reputation as being an area of law where everyone is stressed out and unhappy, but I think this is an exaggeration, at least in the context of the work done at DLS. You’re always kept on your toes; each
case is as unique as the personalities and stories you encounter. Much negotiation and writing is involved and you get to be creative in this regard. The family law court judges are also some of the most interesting and entertaining judges out there, despite the unfortunate context of their work (one judge once described himself to some students as a cross between Judge Judy and Dr. Phil). It was rewarding helping single moms get much-needed child support, helping non-custodial dads get long-awaited access to their children, and, more generally, advancing the best interests of children often caught in the crossfire of family conflict.
International Human Rights Program BY ANEESA WALJI (2L)
This past summer, I completed an internship with the United Nations Refugee Agency in Bangkok, Thailand. This regional office houses the world’s largest resettlement program for refugees. Since January 2005, more than 30,000 refugees have departed Thailand for countries like the USA, Australia and Canada where they have begun new chapters in their lives. Resettlement is the only long-term solution for many refugees, as they cannot return to their country of origin, nor can they integrate locally. Thailand is not a party to the 1951 Refugee Con-
vention and those outside camps are regarded as illegal migrants. As a resettlement intern for the urban caseload, my primary task was to interview urban refugees for resettlement. These urban refugees are nationally diverse, originating from over thirty countries such as Iraq and Sri Lanka. While interviewing candidates for resettlement, I confirmed refugee claims and gathered additional information required to complete Resettlement Registration Forms (RRFs), which were subsequently sent to resettlement country embassies for review.
Advocates for Injured Workers BY BRENDAN MCCUTCHEN (2L)
I spent this past summer working with Advocates for Injured Workers. During my first year of law school, I volunteered there every week, doing a three-hour shift. And while I always enjoyed volunteering at AIW, that weekly three-hour shift did little to prepare me for just how good AIW would be to my stomach and my ever-sorefined palette in the summer months. We had ice cream, we had pizza, we had Indian food and multigrain tortilla chips. Most importantly, we had pie. On several occasions, too. The AIW environment was ridiculously friendly to the gourmand in all of the student workers. To be honest, many of our legal endeavours there lacked the sweetness
that characterized our lunches. We argued with claims adjudicators, we argued with functionaries at the Appeals Tribunal – all for people whose injuries and whose struggles with the Workplace Safety and Insurance Board had often placed them well below the poverty line. But we did good work. We went to hearings, we wrote submissions, and we often won. We represented people who needed the help and attention that AIW has always striven to provide. And we did it all with full bellies. Just before my second, and last, hearing of the summer, my client bought me a muffin and an apple juice. That simple act might just have been the best part of my AIW summer.
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SURVEY - from page 6
... part-time job during school, in addition to their extra-curricular fun. Now that’s ambition! In terms of study habits, 77.6% of students say they “work hard during the semester, but make time for friends, family and other activities”, though a full 18.4% claim to cram before exams, but do little else in the term. Getting into the fun questions, to relax and de-stress, students responded with a diverse array of pastimes. Many people included going to the gym (with many of you citing running as your workout of choice), listening to or playing music, reading, watching movies and cooking. Also, about 17% of respondents cite alcohol and marijuana as preferred leisure activities (Ed. – We can only presume that the remaining
ULTRA VIRES
83% prefer good, clean living). For those (36.7%) of you single people, be warned, only 14.6% of you are looking to meet your special someone in this smart and diverse group. In addition, the class’s tastes in food are quite diverse, with 51% of people “liking all food”, and a full 15% separating out Thai food as their cuisine of choice. At least you have a strong likelihood of enjoying the same food out on your first date or just out on the town getting to know your classmates! Finally, and most importantly, when it comes to superheroes, the jury is still out on the Batman v. Superman debate, with a perfect tie in response to the first-years’ favorite superheroes. Other notable responses included Iron Man, Judge Dredd, the Queen Mother, and Alex Mack (I used to love that show!).
Check out the COLOUR center spread for more orientation pictures!
SEPTEMBER 16, 2008
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REACH & REWARD Meaningful work is in your grasp at Bereskin & 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.
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12 WOMEN’S COURT - from page 6
... I think that everyone on the Women’s Court ultimately came to have a greater degree of sympathy than they might have had before for the task of judging in these kind of contexts. But the ambition is precisely to – by undertaking the very same task – to say it can be done differently, we know how hard it is to do it differently, but here is all of the thinking that needs to be done in order to make it come out differently. And it’s out there for everyone to think about, agree with, criticize. The point is to say, here is an alternative vision that we tried to work out in very concrete detail, if other people want to say, “no that’s wrong, it should have been like this,” then we say, “Great! Write a dissenting judgment! Pick a new case that you want to rewrite that shows your alternative vision.” What we want is to multiply the creative thinking around equality rather than just criticizing the court.
Q: How can students and professors tap into the project, this idea of re-envisioning the Charter?
D.R.: To start with, quite a few people in the aftermath of the launch and the conference, including students, said there ought to be courses in various law schools that are carrying this project further. That is the idea behind the Rewriting Equality seminar, which is trying to take people systematically through the Women’s Court jurisprudence alongside the Supreme Court jurisprudence in order to get people to think academically about what it is that is different between the two streams of jurisprudence.
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Because I think that stands to be quite a fruitful academic exercise, to ask the systematic question: what is the difference between the vision that these people see and the vision that the Supreme Court has been functioning under? Where is the fork in the road, what is it that has pushed the Supreme Court that way, and has led these other people to go off in a separate direction?
Our very own Professor Reaume, Justice of the WCC!
Because it is really by getting to a reasonably firm grasp of that that one can understand what is really at stake in litigating equality issues. What are the different political visions and which ones are better than which other ones and what are the obstacles with treating a particular substantive vision as “doable” – not just a good idea, but one that can be dealt with on the ground. Part of what the Women’s Court wanted to do in our individual decisions was take on all of those challenges, to say that it’s not good enough to just criticize this aspect of that Supreme Court
decision, or that aspect of this other decision. One really has to say it could be different and I am going to show you, move-by-move, through a whole case, how it could have been different. Then another person does it in another case, and another person does it in another case, and to extent that that enterprise should provide any person who engages in it – whether it’s the next generation of academics or litigators who are going to write more judgments, or whether its students studying the cases – it should be a great way for people to really think very creatively, but also very concretely about what is possible in terms of actually making substantive equality a real phenomenon in the legal system.
Q: To wrap it up, do you have any advice for students who are reading reams of cases, and who want to question the doctrine but don’t know if they have the tools?
D.R.: I think the advice I have for students in the equality context is the advice I have for students in any context. I say this to first-year students in torts all the time: if you read a case and your gut says there’s something I don’t like about that, or your gut says that can’t be right, then your gut instinct is the best place to start in thinking about how it could be done differently. But it’s only a place to start. The process you have to go through is to say, why do I think that? Why do I react as strongly as I do to this judgment? From that point you can start articulating, start looking for what it is about the reasoning of the case that you find disturbing and start formulating the alternative line of analysis. But of course one’s gut instinct,
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whether you are a judge or a student, can’t be the only line of analysis, that’s just the starting point for getting you thinking about a problem. At the end of the day, whether your solution is better than the judge’s is a matter of whether your argument is better than the judge’s, and the only way you can test that is by really working out the argument. Which, of course, is really what the legal enterprise is about: the best arguments are supposed to win. Of course, they don’t always win, but the only tool we have is to make the arguments better. And the only way you do that is by rolling up your sleeves and saying, what is it that I don’t like about that, and what is it that I think instead, and what might someone disagree with me about when I start down this path, and how can I respond to that? It doesn’t matter if we’re talking about equality law, or contracts law, or labour, or tax, or bus org: it’s the same enterprise. The first set of decisions of the Women’s Court of Canada is published in Volume 18, Issue 1 of the Canadian Journal of Women and the Law (2006). They are available in hard copy on the second floor of Bora Laskin Library and on HeinOnline. The full proceedings of the Women’s Court launch conference are archived on the Faculty website at: http://www.law.utoronto.ca/visitors_content.asp?itemPath=5/7/3/1/0&con tentId=1707
LAUREL HILL ADVISORY GROUP proudly presents: 13th Annual Rock & Roll Bash IN SUPPORT OF
Don’t miss this chance to schmooze with over 1200 Legal Professionals! - Painted body models - Dancers - Performance Art
FRIDAY, OCTOBER 3RD 2008 Koolhaus 132 Queens Quay E., Toronto with special guests: Mark Ho Holmes lmes (The Mod Club Club), ), Miss Universe Canad a and more! Canada
T ID! N E D U T S $15 WITH
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UV Eats Top 10: the team’s favourite places to eat in the neighbourhood SEPTEMBER 16, 2008
4. Panago: Sweet sweet pizza. A little more pricey than archrival Pizza Pizza and also-rans Pizza Hut and Domino’s, but well worth the extra pennies for the budding urban professional. 44 Gerrard St.
1. Future Bakery: A favourite hipster student hangout, Futures features a variety of cheap food, a generous patio, and massive cake slices. Also has breakfast all day & is open late; makes a great postbar hangout. 483 Bloor St. W
2. Spring Rolls: Invented or at the very least popularized “pan-Asian fusion cuisine”. Whether you like pad Thai, Vietnamese Pho, or the obviously-authentic Tornado Rolls (shrimps wrapped in deep-fried noodles), Spring Rolls has it. Add the trendy restaurant décor, the fast food version of the restaurant one store over, and you’ve got Spring Rolls. 693 Yonge St.
3. Whole Foods: Gourmet groceries and a great hot counter where you can get home-cooked style meals. Also, when you shop at Whole Foods you’re obviously saving the world, so you can feel good about yourself too. 87 Avenue Rd.
hungover, Over Easy is the place to be. 208 Bloor St. W
8. Wymilwood: Given that it’s a school cafeteria, it’s not the best food, but it’s really, really close, and convenient. 150 Charles St. W (downstairs)
5. Fresh: For all those who thought vegetarian food was bland and healthy, Fresh is neither of those things. Even most sworn carnivores will find something they love at Fresh: try the sweet potato fries and the house mayo; you won’t be disappointed. 326 Bloor St. W
6. Sushi Inn: The original Yorkville Sushi restaurant that made sushi cool, Sushi Inn is the reason that you’ll now be given weird looks if you don’t know what ‘nigiri’, ‘sashimi’, or ‘temaki’ are. Go with a bento box for variety or get a Seafood Deluxe for an authentic experience. It can get super-busy, so if you want to go at dinnertime, be sure to make a reservation. 120 Cumberland St.
7. Pho Hung: Vietnamese food. Cheap. Authentic. Don’t go for the décor; go for the Pho. Serves food quick and is one of the closest restaurants on the list. 200 Bloor St. W (upstairs)
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9. Over Easy: Crazy-thin fries and breakfast all day. Whether you’re there to get a good meal to prepare for a day of studying torts or whether you’re just
10. Burrito Fresh: It’s like Taco Bell, except that at Burrito Fresh, they don’t squirt meat out of a tube. They have an arcade game. ‘Nuff said. 208 Bloor St. W Ed. – If any restaurants would like us to reconsider their ranking, they are welcome to offer free dining for four UV staff at their earliest convenience.
Welcome to
Orientation
La w Sc hool
2008
Thank you to the sponsors of Orientation Week 2008!
Hutchins Caron & AssociĂŠs
Cassels Brock & Blackwell LLP
Fogler, Rubinoff LLP
Pillsbury Winthrop Shaw Pittman LLP
Proskauer Rose LLP
Minden Gross LLP Sidley Austin LLP
SEPTEMBER 16, 2008
Bowling: pastime of gods
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BY MIKE HAMATA (1L)
While those expecting a week of demeaning group chanting and synchronised dancing may have been disappointed, this year’s Orientation Week served as an introduction to law school. An introduction not only to the school itself, but also to some of the people we’ll be spending the next 3 years with. Let’s get this straight: teamsynchronized-extremedancing/cheering is a favourite hobby of your faithful reporter. However, it remains an activity best left to a darkened night club and not to Queen’s Park on a Tuesday morning. The first day came with a swag bag, a name tag, and a Canadian Lawyer “4 students” mag. I think the origin of replacing actual words with a numeric homonym reached its peak of coolness in the late 90s with boy band “b4-4” and their eponymous masterstroke debut album. Unfortunately, it wasn’t cool then, and as a recommendation to the publishers of Canadian Lawyer: you should probably go ahead and spend the extra cash on printing the word “F-o-r” in its entirety. Unless you are going to start a boy band… which might be awesome… Let there be bowling. If there is a creator watching over us (the official position of this paper is to “hedge our bets”), then surely his pastime of choice would be 10-pin bowling. It is the perfect balance between skill and confidence, finesse and power; just like in life, a small initial miscalculation can become the difference between dancing the happy dance and lolling in the gutter. The bowling night was a success; you could even say that the bowling night was a “strike”. (Boom! That just happened.) With inhibitions dropping faster than the pins, new friendships were made, and the noble lanes thundered well into the evening. I’ve been told that law school is all about identifying recurring themes, and applying them in a consistent manner. After our first two “lun-
cheons” (a good noun… a great verb) I thought I had identified the first logic pattern of my new academic career. We had listened to an argument in support of the right to masturbate, and one in favour of the decriminalization of marijuana. When I showed up for the third day expecting a lecture on skipping school and hanging out behind 7-
Eleven, I was sadly disappointed. Since the inaugural “Bar Review” (officially, lawyering puns are still funny) and the semi-formal have already begun to blend into one long night in my mind, I feel compelled to blend them into one paragraph for your consumption. As the orientation week was coming to a close most of us had run out of small-talk, and on Thursday night the conversation finally moved towards more serious debate, mostly “How do I get into the Winnebago on the patio at the Bedford Academy?” The Hollywood semi-formal was a success, and the dance floor will probably never recover (reports remain unverified, but some of the dancing may have been synchronized). In actuality, Orientation Week was a lot of fun, but most importantly the skills we learned will translate directly into success in the classroom… or not. “If you get down on me, I'll get down on you” – b4-4 (4 Life!)
How to survive first year BY JENNIFER SIMPSON ( 2L)
Congratulations, 1Ls! You’ve made it to U of T, you survived O-Week, and you’re firmly embedded in your first few weeks of classes. Perhaps by now, you’ve realized that law school is kind of hard - it’s about learning a whole vocabulary, new analytic tools, and research/writing skills, not to mention having to balance it all with extra-curriculars, relationships, and normal life. Here are some of my personal suggestions for getting through your first year of law school, from someone who learned the hard way. #1. No matter what, do not forget who you are. You came here as a complete person, with values, opinions, ideals, interests, and goals. There are a lot of pressures here, many of which come from Bay Street, and at some point you will feel it, whether you want to or not. Either way, don’t forget what makes you you. #2. Do not forget how to think for yourself. Your profs will tell you that you need to learn to “think like a lawyer.” This is true. However, it does NOT mean that you should leave behind all you learned before coming here. It got you this far, after all. Legal analysis is a tool to add to your toolbox; it shouldn’t replace anything you’ve already got in there. #3. Breathe. Relax. Repeat. Often. Find an outlet, people. Make sure you have some kind of stress-relieving activity, preferably other than the law school pub night every week. This is a highstress environment, so find a way to blow off some steam. #4. Find your own way to study. Whether in a group, on your own, or with a partner, whether you read every case or use summaries, whether at home, a coffee shop, or in the library, find what method of study works for you. (Keep in mind that there are tonnes of great libraries around campus - you don’t have to spend all your time here.) #5. If you find a class consistently confusing, frustrating, and disheartening, stop going. This one isn’t going to be popular with the faculty, but let me tell you a story. Last year I had a brilliant prof whom I respected and liked very much. However, every time I went to class I left more confused than when I went in. I suffered through months of classes, feeling stupid and stressed, and worried I would fail. The best thing I did last year was stop going to that class. I wish I had stopped going earlier. I taught myself the material (with the help of a very patient friend). And, I did very well on the final. #6. Understand that your profs often teach a critical perspective of the law. Our profs are brilliant people, extremely well respected and leading thinkers in their fields. When you’re in first year, sometimes you just want to be able to
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wrap your head around the cases and figure out what the current state of the law is. Many profs teach from a critical perspective: how they think the law should be rather than how it actually is. Bear this in mind. You will need to know both. #7. Keep your commitments to one hand. Extra-curricular volunteering is a significant part of legal education. Clinical work, journals, student clubs and student government offer great opportunities to get involved and give back, whether it’s to the law school, legal scholarship, or the larger community. Do it! But don’t over-commit. Keep it to what you can count on one hand. I say this with your sanity in mind. #8. Make friends. Your friends will help sustain you here. They will help you gather materials for your small group papers, give you notes from missed classes, study for exams, and offer moral support when you’re stressed out. They might one day help you get a job! They are interesting, caring, dedicated, smart people. Find one or two you can really count on, and lots more you simply like being around. And reciprocate, for Pete’s sake. Be a friend to others whenever you can. And, make friends with upper years. Many of us are pretty willing to sit down and chat with you. #9. Talk to your professors. Go visit them in their offices. They love it. Seriously. Profs love to help students. They will chat about any problems you are having, questions of clarification, ideas you’ve been rolling around in your head, thoughts about papers. They love to talk to you about their own research and work. As I said before, we have a worldclass faculty here. Take advantage of the opportunity to get to know them. They are generous, kind, and genuinely care about you and your success. #10. Use treatises. Casebooks are only so helpful. Reading a case can be confusing and frustrating. Treatises give a broad picture of the state of the law, its development, historical context, and common criticisms. It is often like someone turned on the light switch. Waddams for contracts, Hogg for constitutional, Stuart or Roach for criminal. Most treatises are on reserve in the library. Use them. In closing, I had a terrible experience in first year. I was overwhelmed and frustrated most of the time, and I hated all my classes. I doubted my decision to come to this school in particular, and to law school generally. I honestly hated first year. But, I learned a lot, made great friends, and survived. There is no need for you to have the kind of experience I did. Your experience is what you make it. Hopefully these tips will help you, but you have everything you need to succeed here. You will survive. You will not flunk out.
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as to what types of reforms –if any– should be made to the liD.M.M.: I don’t know the exact num- censing process in Ontario?
MORAN - from page 3
bers; nobody does. I don’t understand this to be a new issue. From my discussions with law deans, this issue has been going on for some time. It’s a result of some law schools significantly increasing their class size, and also of some offshore law schools teaching Canadian law. There are two issues to this: 1: The impact to law students at U of T: While it has been an issue for some time, students here are in the very fortunate position. U of T is fortunate to have only a small number students having difficulty with this –I don’t want to say NONE, but there are very few– who don’t get the articling positions they want. 2: Also, I think here, students have an amazing array of different opportunities available to them. U of T Law students are very strong – we go to a whole lot of different places– and we have a very developed career development office. Some of the other schools have had a larger problem with this, though. There have been discussions among some of the law deans advocating the abolition of articling. I am not one of them – I think articling serves a really important function.
Q: What is your personal opinion
D.M.M.: It is a matter of a lot of discussion with the Law Society Task Force. There have been discussions about the abolition of articling and I think that would not be a positive solution; I’m on the record for saying so. I think articling offers students a much better transition to the profession, and most students I’ve spoken to in discussions think it’s valuable. One argument in favour of getting rid of articling is that it would benefit students who are disadvantaged. But, and I’ve said this to the task force, the studies I’ve read show that it’s actually members of disadvantaged groups and racial minorities who are impacted most when there is no articling. Firms have to decide if they want to take on a student for a full-time position, so it makes things harder, and the lack of articling actually has an adverse impact on members of racial minorities and others who are less well represented in the legal profession. I am in favour of expanding the number of articling positions rather than abolishing articles.
Q: How has your commitment to diversity manifested itself at the
Faculty over the last year? Are there any new programs or initiatives along these lines?
D.M.M.: I tend to think that in almost everything we do we attempt to be attentive to diversity – in terms of how we support our students and faculty, and our admissions process. We did bring together the accessibility and diversity committees to bring together some of the views from a student perspective. Also, the creation of something like the Asper center: Lots of these [diversity] issues end up manifesting as constitutional issues and this will be a great resource for that. Overall, I think that in everything we do we’re looking hard at what we do to make sure we’re being attentive to diversity.
Q: How do you feel about the increase in interest from law firms in NY and the increase in the number of students going to NY? Are you at all concerned that these young Canadians are moving to NY in their prime and seeking a career there?
D.M.M.: We’ve all noticed increased interest in international opportunities; we have more international students here. When I look at the program relative to when I started teaching in 1995, there are
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many more students here now who were not born here, so I think our student body itself, by virtue of its own composition, is more connected to a wide array of places… New York, but also London, and Hong Kong, and elsewhere –students now come from a more diverse array of undergraduate and graduate institutions and want to have more international opportunities. I think students often tend to come back to Canada – Canada is a great place to live. Many come back, there is a lot of flow across boarders and I think we continue to expect that.
Q: What advice would you give to a student just beginning law school at U of T?
D.M.M.: I think it’s really a great experience. First year –I know– is very, very stressful, but people look back and view it as a life altering experience. I think that to the extent possible, try to enjoy it, and obviously, I want them to read –I do teach a big section of tort law, which I love– but I also think that people should not work all the time; they shouldn’t work constantly; doing other things is good for the soul and good for the brain.
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SEPTEMBER 16, 2008
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When the government steals your name
What would you do if you were a corporation and some other corporation used your name to launch a new program or product of theirs and called it their own? Conversely, what would a renown company like Lululemon do if you started using their name for your own commercial purposes? Indeed, what can people do in situations like this? They could and most probably would start a civil action to reclaim their coveted brand name, that which are both likely trademarked and copyrighted. This is what makes it so great about living in a country where there are intellectual property laws to protect individuals and corporations from this sort of ordeal. So the question becomes, what can you do when the government or party representing the government essentially steals your name? You would sue them all the same. This is what Jennifer Wright, the owner of Green Shift Inc. has done to
BY KALVIN SIE (3L)
the Liberal Party of Canada. The Green Shift Inc has been around since 2001 as a company that helps businesses and other companies adapt to more environmentally friendly products and practices. The Liberal party has used The Green Shift name to refer to its carbon tax plan, aimed at curbing greenhouse gas emissions. So what is the big deal here? Wright claims that her company is being confused with Liberal’s gas emission program and that it is hurting her business. People are getting the wrong message and they think that her company was taken over by the government. Other clients want nothing to do with the Liberal Party and
they have threatened to boycott Wright’s company. This sort of thing is hard to undue and this is why she is seeking the court for an injunction for the Liberal Party to stop using that phrase. It’s because there is so much in a name, and there is so much at stake. A corporation’s public image means everything and that includes what it represents, how it carries itself and what things it is associated with. And when someone else comes along and takes that away from you, it could mean the worst. There’s a bit more to trademark and copyright infringement that comes into play here however. The fact that The Green Shift is an approved trademark but not yet registered is still an
outstanding issue and furthermore, the popularity of the phrase itself and the context in which it is used also stands out. The Liberals’ position is that the phrase ‘The Green Shift’ is commonly used in the environmental movement and as such, they did nothing wrong in using it in their political campaign. Stephane Dion, the leader of the Liberals, has stated that he sees no legal problem in using the name, as the Liberal Party is not a commercial company. This law suit comes at a very volatile time during Canada’s election period when essentially, ‘no news is good news’ for any political party trying to gather as much support for itself as it can. There are some that question the timing of this law suit and still others that question the Liberal’s choice of the name for their new plan. What is clear is that someone’s name was used and that someone being Ms. Wright does not like it one bit. And the solution? A law suit of course.
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You want to be on our side Some of our professors bear striking resemblances to famous people. Which U of T Law professors are created by the equations below?
Fill in your answers and then go online to www.ultravires.ca and look at our online version of the newspaper to the see the answers! Good times!
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OPINIONS & EDITORIALS It’s election time again, and for some that means more than others. Some are loyal to the same party, and already know how they are going to vote. For others, they might be considering between Liberal or NDP, maybe Green this time as they are gaining momentum. But what about the last party, the one that seems to foster much resentment around this campus: the Conservatives. We Canadians pride ourselves on living in a democratic society, but what does democracy mean? Does it simply mean that I can vote for the party that I want, or does it mean that I can vote for the party that I want without suffering any consequences? You can’t say it is democracy if I can vote for whomever I want, but that I will be shot if I vote for a certain party. General reactions have been a lot more hostile towards Conservatives. The Liberals were in power for 12 years, but you rarely saw (aside from political campaigns) attacks on the actual Liberal voters. However, since the Conservative party took over, there has been much anger and ridicule towards Conservative
What really grinds my gears BY RANO DAOUD (3L)
voters. You often hear about how the Conservatives are destroying what it is to be Canadian, hurting this country, and leading us towards disaster. But practically speaking, things haven’t been very different from when the Liberals were in power. There haven’t been massive changes to the legislation, or policies. That is not to say that the political party does not have any effect on our day to day lives, but the anger that people seem to have towards others’ choices makes about as much sense as brand loyalty. Then we come to the other side of the problem. One important aspect of democracy is freedom of speech and freedom of expression. Of course, one should have the right to vote for whomever they want, maybe even without suffering ridicule. But doesn’t the other side have freedom of expression as well. Ridiculing one’s choice of political affiliation is a form of expression. But should we recognize some sort of reasonable limit. Not one imposed by the government or any institution of course, but one we impose on ourselves. If ridicule has the effect of scaring oth-
Thank goodness for small electoral mercies BY MARK EDELSTEIN (3L)
The most important electoral contest of our time is, after a nearly two-year process of mudslinging, showmanship, invective, guile, and outright chicanery, hopefully coming to a close. Meanwhile, in true Canadian fashion, we get to squeeze this whole process into just over a month. Given the sad fact that some of you, distracted by Sarah Palin’s good looks, Barack Obama’s lofty rhetoric, or the John McCain mortality pool, may not have been paying addition to the Canadian election, a brief (and hopefully impartially offensive) survey of the political landscape might be in order.
The Liberals
The main policy of the Liberal party is their “Green Shift” plan. The essence is the imposition of a set of “carbon taxes” accompanied by a set of income tax and other cuts. The plan is to be “revenue neutral” by having the new carbon taxes accompanied by income tax cuts. While this is supposed to be the centrepiece of the Liberal campaign it runs into two main problems: 1. Even assuming that the plan
would in fact do all the wonderful things it promises (and of course political promises are definitely inviolable), explaining the plan properly takes longer than the average voter is willing to listen—and “revenue neutral” and tax increases are a tough sell in the best of times 2. Stephane Dion’s reputation as a decisive and skilful leader able to implement such policy is so low that the Liberal’s have been reduced to putting about a “This is Dion” website devoted to making Dion look like a manly, floor-hockey playing, everyman. ...
CONTINUED ON PAGE 21
ers from sharing their thoughts and opinions, then it has gone too far. Proper democracy must encourage respect of other people’s opinions, even if we disagree with them.
The question is, do we really want democracy? Ask most people on campus and they will give a definite yes. However, people saying they want democracy, and people actually wanting democracy are two different things. Everybody wants democracy – at least, until their party loses. Then, suddenly, something has gone wrong in the system. The system has failed. But the system hasn’t
failed because your party didn’t win; in fact, that’s exactly how the system works. This might seem like an over-simplification of democracy, as our notion of democracy isn’t based simply on majority rule. Minority rights are important as well. But people disagreeing with you, and not doing what you want, does not mean the system has failed. Conservative, Liberal, NDP and Green voters are among all different brackets of intelligence, brackets of income, ages (although this does seem to be a big factor), and genders. All voters have their own reasons for their choice. There is rarely the “smart” choice to make. That choice will largely depend on one’s own beliefs and priorities. If you find someone who votes for a different political party, maybe one that you don’t respect, it doesn’t mean you lose respect for that person. It could mean that they have a reason for voting for that party that is worth your respect. Try asking them about it. While it may not change your mind, it might at least give you a better understanding of their choice.
Dr. Henry Morgentaler: why we honour him
BY Jeffrey RYBAK (2L) This past summer, on July 1, Dr. ice to the nation.” If Dr. Morgentaler Henry Morgentaler was named to the were recognized only for performing a Order of Canada. Controversy fol- large number of abortions, such as an lowed, various opinions and views were obstetrician might be recognized for aired, the abortion debate was substan- performing a large number of delivertially rehashed, and Chief Justice ies, then this certainly might be an occaMcLachlin was accused of interfering sion to reopen the debate on the nature with the politics of Canada by unduly of abortion as a service to the commuinfluencing the decision. As head of nity. Some may believe it’s a valuable the advisory council that selects recipi- and important professional service, ents, it’s accurate enough to suggest she some may view it as necessary but could have had some influence, but she somewhat disreputable, and others may has since stated that as a matter of pol- believe it’s tantamount to murder. But icy she does not weigh-in for or against in fact there’s been no indication at all any candidate, and simply guides the that Dr. Morgentaler has been honprocess. There’s an interesting side de- oured simply for the scope of his aborbate here about the appropriate role for tion practice. Instead, he was honoured judges outside the courtroom, bearing for “his commitment to increased in mind she’s actually required to par- health care options for women, his deticipate in this process, but that issue is termined efforts to influence Canadian for another day. What I wish to address public policy and his leadership in huhere is a fundamental misunderstanding manist and civil liberties organization.” about the nature of the honour Dr. In other words, he was honoured for Morgentaler has received, why he re- his role in changing the Canadian legal ceived it, and how our legal system in landscape. Canada is structured. As students of law, this is a very apThe Order of Canada “recognizes a propriate time to consider what we lifetime of outstanding achievement, know of the legal process... dedication to the community and serv- CONTINUED ON PAGE 22
OPINIONS AND EDITORIALS
SEPTEMBER 16, 2008
ELECTORAL - from page 20
Unsurprisingly, as the campaign begins, Liberal prospects are not looking terribly bright.
The Conservatives
The main thrust of the Conservative campaign is based on three pillars: 1. Conservative Economic Competence (i.e., tax cuts) and Skill in Dealing with Issues of Federalism (i.e., keeping soft nationalists happy) 2. Revealing Stephen Harper as the warm, sweater vest wearing guy we know he is
Showing his cute and fuzzy side.
3. Mocking Stephane Dion Sophomorically These three pillars do not always sit well together and are not, it seems, really based on any coherent policy platform. On the other hand, given who the Conservatives are facing, it is perhaps unsurprising the Conservatives are currently leading handily in the polls.
The NDP
The NDP campaign is also twopronged: One prong is aimed at championing investment into social programs and worker protection, combined with a hearty dose of price controls à la Chavez …sorry I mean “Making life more affordable for ordinary families by ending price gouging.” The other prong is to cast the Liberals and especially the Conservative party as indistinguishable Canadian branches of the Republican Party. Variations of this approach in the past couple elections has helped the NDP leap out from its place as the fifth largest party in Parliament to become the fourth largest party in Parliament since Jack Layton became leader. Meanwhile, the NDP has ensured the Canadian welfare state continues to do a slightly better job of protecting the
poor and vulnerable than Mississippi, South Carolina and even Louisiana.
The Bloc
One thing for which the NDP should be grateful is that they are not the Bloc—current polling suggests the Conservatives (perhaps due to the popularity of sweater vests in the Saguenay) are taking enough of the Bloc vote from soft nationalist voters that there may soon be a new fourth largest party in Parliament.
21 The Greens
The Green Party has, in recent elections, gained an increased share of the vote, and its leader, Elisabeth May, managed to gain the opportunity to participate in the televised debates. Alas, regardless of Ms. May’s appeal and accomplishment, the only English language debate is on October 2, the same night as the debate between Joe Biden and Sarah Palin. I suspect even the UV editors could write 500 words on the importance of the upcoming American election, which suggests viewership for the Canadian debates might be lower than the Green Party hoped. This little summary might seem to be only a superficial gloss on the often deadly serious (as Ryan Sparrow has found out) business of politics. But, dear reader, you should be comforted: UV’s election reportage is as thorough and focused as both that of the New York Times and the Washington Post.
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MORGENTALER - from page 20
...and how laws get changed. Dr. Morgentaler has not only been charged with performing illegal abortions in the past, as a necessary step in overturning those laws, but has also acted as a litigant in several actions to challenge other laws and policies. He continues this role to the present day, as he is currently involved in a challenge to a New Brunswick policy that extends health coverage only for abortions performed at a hospital with the approval of two physicians. Dr. Morgentaler’s critics naturally assert this is only self-interest, as he would like to see his own clinic covered for these services, but there’s no question this is a battle he has willingly elected to fight – as he has done so over the course of many years and successive legal actions. The role of a litigant, in cases such as these, is expensive and thankless. There’s no need to go into the physical risks Dr. Morgentaler has assumed as an abortionist, as these topics tend back to the relative morality of abortion as an act. Let us simply concentrate on the fact that at great personal expense and trouble, not to mention the risk of incarceration under laws that were subsequently overturned (he did in fact serve a prison sentence in Quebec), he chal-
OPINIONS AND EDITORIALS
lenged the legal status quo in Canada more particularly, and the Constitution and he won. Time and again he won. above all. And after all of that we’d preTo suggest that the legalization of sume to accuse Dr. Morgentaler of abortion (and recognition of abortion as somehow leading us all astray? He set a right) is something that was done to the machinery in motion. No more and Canada – perhaps something that was no less. He deserves praise and recogniinflicted on us by Dr. Morgentaler and tion for that, because it was done at other abortion advocates – is fundamen- great personal cost. But it’s a mistake to tally wrong. Our system of law making, either blame or credit him with the acdemocracy, and justual results. tice is premised on Abortion is a divithe belief that we all sive and complex participate in the deissue. It goes to cisions that shape our many deeply held society and then we convictions about all take responsibility what is right and for the consequences. what is wrong. But The changes that ocone does not need to Dr. Morgentaler says... curred in Canada’s support abortion to laws regarding abortion are the result of agree with and support recognition for many complex forces that culminated in Dr. Morgentaler’s efforts. As a society several Supreme Court decisions and we’ve made a decision. It may or may they cannot be “blamed” on Dr. Mor- not stand the test of time, but for now gentaler without repudiating the essen- we owe something to the man who astial premise that we all participate in this sumed the thankless and costly task of society together. litigating that issue. Perhaps in the fuWe elect the politicians that form the ture, as a society, we’ll make some other government that authors our laws. This decision. Perhaps increased recognition government appoints judges and may of fetal rights will lead us in the opposite even modify the Constitution – the new direction. Perhaps some future litigant Charter was a key component of Dr. will appear to assume the risks and costs Morgentaler’s victories. The Supreme of changing our laws again. And if that Court renders judgments that reflect the should happen, and that litigant should common law generally, Canada’s laws be successful, then that person also will
ULTRA VIRES
be deserving of recognition! When Chief Justice McLachlin was accused of interfering with the politics of Canada by promoting Dr. Morgentaler’s candidacy for the Order of Canada she very wisely gave the only possible answer. She said she never advanced a view about any candidate. But if any candidate were ever deserving of her support Dr. Morgentaler surely was – if only as a representative of Canada’s legal profession. Every member of the legal profession should applaud the fact that Dr. Morgentaler’s efforts have finally been recognized and must soundly reject the claim that this appointment is in any way “political.” It is only political for those who wish to take credit for the aspects of Canada they appreciate, and to distance themselves from all else. It’s a shame this recognition for Dr. Morgentaler has become yet another ball in play for the abortion debate. It’s unfortunate that certain vocal opponents of abortion choose to demonize one man rather than accept that our laws, for good and for ill, are a product of Canadian society generally. It’s very sad that at this late stage in his life Dr. Morgentaler is still a target. But then, this is a role he voluntarily assumed. And that, paradoxically, is exactly why we must honour him.
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Faculty Anagrams, Dear UV , and more...
Mmmmmmm SOMA Chocolatemaker
I am a freak for chocolate. If I tell that to people, they nod their heads and confess that they, too, love chocolate. They’ll consume bars on the fly, as meals, or by ritually eating them layer by layer, scraping them with their teeth just so. I do this, too. However, my obsession goes beyond these rituals – I lose my mind when it comes to chocolate. I keep a tasting journal. I have taken overnight flights and had cabs drive me directly from the airport to the best chocolatemaker before I go to my hotel. My chocolate philosophy is this: the fewer ingredients, the better. Chocolates that go directly from pod to palate will be more unique than chocolates made from an imported base (Valrhona, Callebaut, Cluizel) simply because the variation in taste has been tailor-made to the artisan’s wish and fillings are then paired to the chocolate. SOMA Chocolatemaker in the Distillery District is one of the few places in Toronto where chocolates are treated artisanly; where pods are imported, roasted, winnowed, ground, blended, refined, conched, tempered, and molded
BY EMILY SILBERT (GUEST CONTRIBUTOR)
into their final forms. For this alone, I respect the chocolatemakers who chose the name SOMA after the food of the gods. But their chocolates are also good. Really, really good.
we’re all used to, like caramel, almond and hazelnut. To tempt your palate a little more, try the spiced chai tea truffle which transported me immediately to the banks of the Ganges (where I never
Visit SOMA Chocolatemaker at 55 Mill St. Building 48, Unit 102 - http://www.somachocolate.com
A recent visit had me tasting a variety of their chocolates, as well as indulging in their Mayan hot chocolate on site. The chocolate « lab » is located on site and separated only by a wall of glass, so you can taste paradise and watch as the mélangeur crushes nibs or truffles are dipped, getting ready to give someone else their tiny brown glimpse of heaven. SOMA carries chocolates with fillings
did get good chocolate), the beurre noisette (burned butter) which tastes like the beginnings of a chocolate chip cookie recipe before the dry ingredients are added, or the truly spicy Mayan dome which gently blooms in your mouth and lasts nicely on your palate. If you want to push your own envelope try the cone-shaped « Arbequina » estate olive oil Venezuelan dark truffle
and note the superimposition of the oil’s green grass taste with the Venezuelan chocolate’s dark red fruit core. The cone shape allows you to ease yourself into this lush garden with a peek (if you’ll pardon the pun) by biting off the cone’s tip. For another taste adventure, try the 8-year aged balsamic vinegar truffle, where this time the red fruit of the Venezuelan chocolate tames the balsamic slightly into a truffle with great mouth-feel and only slightly piquant filling. SOMA also offers chocolates of the week, and I stumbled upon a chocolate with pop rocks the day I was in. What a treat! If you enjoy biting into a chocolate and chewing with gusto, this one isn’t for you. The pop rock filled chocolate exploded slowly in my mouth as I sucked on it, little sparklers going off right until it dissolved in my grateful mouth. SOMA has been voted best chocolate in Toronto numerous times, but unless you’ve been there and tried it, you won’t know why. Go. It truly is the food of the Gods.
The Raptors: a beacon of hope for Toronto sports fans
This is a bleak time to be a Toronto sports fan. The Blue Jays season became interesting only once they were all but mathematically eliminated. The Maple Leafs are gearing up for what could be their worst season in years, and, given their recent performance, that’s saying something. The Argos sport a losing record, and nobody really cares about the CFL anyways. So aside from the one game in December that the Buffalo Bills will play in Toronto, local sports fans have almost nothing to get excited about. Other than the Toronto Raptors, that is. Now don’t get me wrong, I don’t think the Raptors have improved their roster enough to win the NBA championship. I do believe, though, that this year’s squad will at least be entertaining and competitive – two things the other Toronto franchises have not been for years. After a disappointing 2007-08 season, the Raptors traded their starting point guard T.J. Ford, for Jermaine O’Neal, a six-time all-star who has recently struggled to stay healthy. Ford had worn out his welcome in Toronto due to selfish play, earning the derogatory moniker Me-J Ford. In O’Neal, the Raptors acquired the strongest post presence and
BY ELIE GOLDBERG (2L)
best shot-blocker in the history of the franchise. O’Neal’s skill set should nicely compliment the more offensive minded Chris Bosh, the Raptors best player, who is coming off a summer where he was a key contributor to the gold medal winning USA basketball team in Beijing. For all the excitement surrounding the Raptors’ new addition, there should be equal concern about t h i s t e a m ’s three m a i n weaknesses: Swingm e n : Championship-calibre teams tend to have elite players at the shooting guard and small forward positions. The Lakers have Kobe Bryant; the Celtics have Paul Pierce; the Spurs have Manu Ginobili. By contrast, the Raptors’ top three are Anthony Parker, who was playing in Israel just a couple of years ago, Jason Kapono, who
can’t guard a pylon, and Jamario Moon, a career journeyman who played more years for the Harlem Globetrotters than he has in the NBA. Coach: True, Sam Mitchell was named NBA coach of the year two seasons ago, but many critics believe that award was due in large part to General Manager Bryan Colangelo’s complete, and successful, overhaul of the roster. Additionally, many feel that the club underachieving last season was due in large part to Mitchell’s ineptitude. The pressure is on the coaching staff this year to regain their 2006-07 form. Depth: With Ford’s departure, Jose Calderon finally gets his chance to prove that he can be a starting point guard in the NBA, and he has shown every indication that he will be an excellent one.
However, his backups are Roko Ukic, an unproven rookie who has yet to play an NBA game, and Will Solomon, a veteran who has been out of the NBA for five years. If Calderon struggles with the increased workload or gets injured (he missed Spain’s last two games in the Olympics with a groin injury), the Raps are in trouble. Further, Bosh and O’Neal have both struggled with injuries throughout their careers, and O’Neal is coming off major knee surgery. Backing up those two big men are Andrea Bargnani, who had an awful sophomore season and has shown little evidence that he can be a decent NBA player for more than a few games at a time, and a couple of role players, like Kris Humphries and Joey Graham, who can’t be expected to contribute much. So while Raptors enthusiasts shouldn’t begin plans for a parade down Yonge Street just yet, the team’s prospects for the upcoming season are encouraging. And even if O’Neal’s balky knee acts up, Calderon struggles in his new role, and Mitchell continues to coach as if he thinks a 2-3 zone is a dance from the 70s, the Raptors should still be the most exciting team in town. Nowadays, there isn’t much competition.
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Insane villains and flawed heroes
To comic book fans (and according to box office sales, movie fans in general), this has been a great summer. This summer had the highest, in quantity and quality, number of movies released based on comic books. The best two movies from those, Dark Knight and Iron Man, were not just great comic book movies, but simple great movies. Even so, they were true to their comic inspiration. The two stories in this article helped create a basis for the grand characters that made those movies great. If you have not seen the Dark Knight and Iron Man, do NOT read this. Not simply because there might be spoilers, but really you should be putting this paper down and go see them.
Arkham Asylum – A Serious House on Serious Earth
DIVERSIONS
Few people deny how great a movie the Dark Knight was, and even fewer deny the brilliant performance Heath Leger gave as the Joker. There have been many movies, shows, and cartoons that have focused of Batman; as he is a great hero. However, the Dark Knight was the first movie to put a heavy focus on the villain. Appropriately, this graphic novel does the same. Through the great use of art and symbolism, Grant Morrison and Dave McKean created one of the eeriest and darkest Batman stories. The story is quite simple, the Joker and the other villains have taken over Arkham Asylum, where the most insane and disturbed villains in Gotham are held for psychiatric treatment. They hold the staff hostage, and will only release them in exchange for Batman. At the same time, the story explores the origins of Arkham Asylum. Amadeus Arkham’s (the founder for Arkham Asylum) first experience with the world of insanity occurs when he witnesses his own mother slip into madness. The story explores how he started with the goal of curing the mentally insane in Arkham Asylum,
ULTRA VIRES
BY RANO DAOUD (3L)
but slowly finds himself becoming one of them. Showing that those who fight madness are often consumed by it, gives credit to Batman’s fears of what the halls of Arkham Asylum will do to him. Batman is concerned about his own sanity, as he is in constant battle with the likes of the Joker. The Joker tries to break what little is left of Batman’s sanity. While there are a few fight scenes, the story is more of a mental battle, than a physical one. What makes this story different is on how it views the villains; while they are disturbing, grotesque, and simply creepy beyond all belief, the story humanizes them. It shows they are not just evil human beings out to hurt the world, but as disturbed individuals with a mental illness. This leaves the reader with mixed feelings. On the one hand, they are seeing horrific creatures, and innocents being harmed, but on the other, the reader understands and even pities the villains.
Iron Man – Demon in a Bottle
This is a hard comic to review. It is one of the original Iron Man stories from the 1970s. The art is not particularly glamorous, the story isn’t incredibly engaging and there are no hidden mysteries. The significance of the comic was the humanization of the hero through weakness. The story introduces the idea that Iron Man is an alcoholic, a first for comic book heroes. It does not undermine the potential harm that alcoholism can bring, by having him drink too much at a party, have fun, do some collateral damage but can overcome it the very next day. It shows that alcoholism is a serious problem. It almost destroys his life, hurts his company, and almost kills innocent people. A drunk person driving a car is extremely dangerous; now imagine a drunk person in an Iron Man suit. The story sets up for what becomes one of Iron Man’s greatest battles. Alcoholism isn’t some villain he can just punch or come up with new technology to defeat (well…maybe), or something
he can overcome at a moment’s notice. He has to struggle with it for years to come and try to fix the damage that has been caused by it. This addiction becomes one of Iron Man’s main attributes. While I would not recommend this comic to a new comic book reader, it is a great story for a fan of the Iron Man character and wants a greater understanding of him. This collection shows that if you are going to introduce something as serious as alcoholism to a character, it is not something you can throw in a couple issues and make it seem real. But the set up for it needs to happen through several issues and for multiple reasons. This way the reader can understand why the character is going through these problems, and can sympathize with the character.
Law School Crossword
SEPTEMBER 16, 2008
DIVERSIONS
Dear UV: 1L Edition
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BY MIKE HAMATA (1L)
It’s a new year at U of T Law School, and with the new school year comes a new batch of 1L faces, all cute and cuddly, like warm puppies fresh from the microwave*. In the spirit of the season, we answer all your first year questions here.
Dear UV How long do I have to be a law school student until I get one of those hammers, like Judge Judy? Thanks, Hammer Envy in Hamilton
-
Ummm yeah
Dear Umm Yeah Achieving global advantage parity is a truly worthy cause, and your sentiment of noblesse oblige is heartfelt and powerful. There are many great clubs to join here at the law school, including the IHRP, PBSC, DLS, LAWS, and the acronym club. If you are just looking to pad your resume, you should join Ultra Vires.
Dear UV What’s the best way to get a summer job after 1L? Sincerely Keener McKeenington
Dear Hammer Envy I’m no lawologist, but I’m pretty sure you only get those by proving your worth (Dear UV closes its eyes, plugs its ears, with feats of strength. I suggest challenging and hums very loudly‌ hummmmmProfessor Phillips to a hula hoop contest. mmm)‌. Why are you still here? Alternatively, you could make your own out of an old toilet paper roll and a stale If you have any legitimate questions veggie dog. Voila, instant authority. for future issues, Dear UV would be
Dear UV I want to like, ummm, help disadvantaged people, how can I like, do that? I mean, like, I feel like, ummm, extra-advantaged? And I want to, like, even out the global advantage level‌
happy to belittle you in front of your peers. Please send your questions to ultra.vires@utoronto.ca, Attention: Dear UV. *Please don’t put puppies in your microwave; it’s totally not cool anymore.
Precedent’s student parties are back! It’s our first anniversary, so we’re taking Precedent magazine on tour, and our first stop is Toronto. Osgoode and U of T law students are all invited to drop by The Pilot Tavern in Yorkville to celebrate.
that’s today! 56&4%": 4&15&.#&3 q 1 .
5)& 1*-05 5"7&3/ $6.#&3-"/% 453&&5 (&5 0/ 5)& -*45 "5 -"8"/%45:-& $"
5IBOL ZPV UP PVS FWFOU TQPOTPS
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The New Anonymous Ranter: Architecture like a fox… a stinky, new age fox
Last year the law school unveiled with much fanfare the designs proposed by three architectural firms for the New and Exciting Home of the Faculty of Law. The finalist was announced with additional said fanfare. Why does all this fanfare not make me happy? The law school is not the Art Gallery of Ontario. As far as I can tell, it is not a College of Art and Design. Neither is it a Royal Museum. Perhaps the geographic proximity of that last one causes confusion for tourists, but since cab drivers can tell them apart, I trust that people who actually spend time here can too. So why the hell is the proposed new building a weak impression of the lovechild of Frank Gehry and the Michael Lee-Chin Crystal? (And yes, I do mean Frank Gehry, and not one of his buildings. Why shouldn’t architects and architectural creations make each other happy?) Don’t get me wrong – I understand the attraction of natural light, although maybe it scares me a little bit after spending a summer toiling from sunrise to sunset on Bay Street. And yes, no classroom outside of Falconer currently has a window. But still, the glass house that Law built is a teensy bit of
10. 9. 8. 7. 6. 5. 4. 3. 2. 1.
overcompensation. Remember brick? Remember stone? Remember… not plastic and glass? Forget for the moment that if the law school really thinks it can raise sixty million dollars for a new building, maybe it could calm down with the remarkably frisky tuition increases. Or just make our financial aid program suck a little bit less. Sure, law is a field of imagination, and maybe even whimsy. But it is also rooted in history and tradition. A law school is allowed, god forbid maybe even supposed, to asymptotically approach majestic. Respectable, impressive, and classy can take many shapes. None of them, however, look like a toy out of a happy meal. As we mourn the pending disappearance of Falconer Hall, at least historic Flavelle House will survive. But instead of incorporating its bold and timeless style, the new design leaves it stranded and alone as a classy tumour juxtaposed onto a giant mistake.
1
Faculty anagrams
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Match the professor with the anagram of his or her name! A. Red Mango
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B. Iron Lessons
3
C. Chemical Ode
4
D. Hack Tenor
5
E. Bare Alien
6
G. Maroon Yam
Top ten reasons you should tune in to the New 90210
Nat and the Peach Pit live on The mom from Arrested Development is in it Main character Annie Wilson is played by Toronto’s own Shenae Grimes Although slicker and sexier than the original, it still maintains an aura of wholesomeness Brenda Walsh and Kelly Taylor share the screen once more! Need I say more? Kelly’s alcoholic mom, Jackie, makes an appearance, and her half-sister Erin, who now goes by “Silver”, is one of the main characters Everyone loves a good prime-time soap opera! The unforgettable theme song Donna Martin has not joined the new cast The father of Kelly’s four-year-old son has yet to be revealed – will it be Dylan or Brendan?
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DIVERSIONS
SEPTEMBER 16, 2008
Ultra News: not-so-real news from the dingy basement of Falconer Hall
Citing Slow Lines, Grounds of Appeal Reduces Hours and Increases Prices The law school’s cafe, Grounds of Appeal, will be reducing its hours of operation because of long lines and a lack of customer throughput. As students expressed their concern, manager Doug Peabody offered some context: “We have tried everything: we added 12 extra staff to work the single cash register simultaneously, we created new and more complicated coffees - heck, we even put some of the most popular food at the very back of the cafe in hard-to-reach places. But for some reason, there are occasionally massive lineups.” At 10:25 a.m. on a Thursday, with an awkward U-shaped line of 26 people snaking in and back out of the cafe, it certainly appeared that something was not quite right - but Peabody insisted that he had exhausted all possibilities. “I'm sorry, but there's just no obvious solution here - it's not like there's a bottleneck by having just one cash register,” he said, sipping a quadruple latte espresso with cream foam and a dash of cinnamon, “and if I only knew which products take the longest to prepare, I might be able to divide customers into two separate lines. But even after six years as the manager, it's still a total mystery to me.” Although Peabody has yet to make a final decision on the new hours, he explained his methodology: “The only way to manage this increased demand is for us to increase prices and reduce supply. So we’re going to close up shop in between classes, which is when we get the unwanted influx of customers, and we’re going to increase all prices by 20%. This might seem counter-intuitive, but it’s just common sense to a U of T JD/MBA graduate like me.” Peabody is confident that the cafe will stay in place for at least another year.
“Don't worry - we know that it's important to provide this vital service to law students. The cafe will continue to serve law students every day, except on weekends and at night. And we will probably cut hours back further when the library is full of students, such as during exams. And we’ll also reduce service when other nearby restaurants and cafes are closed. There’s just too much demand for our products during all of those times.” ~UV Staff
Briefly Noted
27
First-year students arrive at law school with naïve optimism; Bridge Week looms
Second-year students label first-years “annoying”; fail to see any hypocrisy High correlation found between false sense of superiority and number of NY OCIs Law School considers expanding “Pioneers” display into fullfledged “Pioneer Village”
Hardest item on Orientation Week scavenger hunt list: a power outlet in Falconer
“Trust games” at Ultra Vires retreat result in loss of three editors due to “serious head injuries”
Internal law school survey shows higher grades for classes held in the Moot Court Room; lack of wireless internet cited as “not a causal factor” Asper Centre declared “fully operational” After years of construction, it appears that Lord Goldberg stayed true to her word that the Asper Centre would be completed on schedule. As a show of force, Emperor Moran has begun testing the weapon system on nearby buildings. Critics have pointed out that the primary weakness of the Asper Centre is a small thermal exhaust port, right below the main port. The shaft leads directly to the reactor system. A precise hit will start a chain reaction which should destroy the Centre. The shaft is rayshielded, so any attacker would have to use proton torpedoes. When asked for comment on this sensitive issue, Moran expressed bewilderment and then begged UV staff to avoid making the idiotic suggestion that the Asper Centre is remotely similar to the Death Star, insisting that the two have “very little – if anything – in common”. ~UV Staff
SLS President cleans law school refrigerator; asks UV to tell students to have more respect for law school refrigerator Please have more respect for law school refrigerator - unless, of course, you would like to see the SLS president clean it again Toronto International Film Festival courts LAWS and IHRP Acting Directors; Acting Assistant Dean doesn’t make the cut
If you have any ideas, submit Ultra News and Briefly Noted to us at ultra.vires@utoronto.ca, or stop by the UV office in the basement of Falconer Hall (yes, right by the men’s bathroom).
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Osler Ottawa – IP Summer Student Recruitment For more than 20 years, Osler’s highly regarded Intellectual Property Department has assisted companies in virtually every business sector in the acquisition, commercial exploitation and protection of IP. Osler’s IP practice includes: • litigation in the areas of patents, trade-marks and copyright; • a significant pharmaceutical litigation practice; • a significant patent and trade-mark prosecution practice, including preparation of patent and trade-mark applications. Osler’s IP professionals include lawyers, patent agents and trade-mark agents. Osler’s Ottawa office joins with other Ottawa law firms in a coordinated recruitment strategy for 2009 Summer Law Students who want to specialize in intellectual property law. We will be delighted to consider applications from first year students with science or engineering undergraduate and graduate backgrounds, particularly in the chemical or biochemical areas. A summer with Osler’s Ottawa Intellectual Property Department provides you the opportunity to learn from lawyers who are acknowledged leaders in their fields, and who share a passion for intellectual property law.
2009 Summer Student IP Recruitment Schedule • Friday, October 10, 2008 Deadline for applications from students with a technical background and interest in intellectual property law • October 20-24, 2008 Interview week • October 27-30, 2008 Interview week • Friday, October 31, 2008 Call day for offers of 2009 summer student IP positions, beginning at 8:00 a.m.
Contact Information Please log onto oslerstudent.com for more details about our firm, our student programs, and the application process. Michelle Gould Human Resources Coordinator Osler, Hoskin & Harcourt LLP Suite 1900, 340 Albert Street Ottawa, Ontario K1R 7Y6 Tel: 613.787.1053 Fax: 613.235.2867 Email: mgould@osler.com
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