Ultra Vires Vol 14 Issue 1: 2012 September

the independent student newspaper of the university of toronto faculty of law Second Edition September 12, 2012 Vol. XIV, No. I ultravires.ca

Feature Number One U of T Q&A

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—and then left for Harvard.

News, PagePage 3 4 Features,

Feature Two Canada Number Food Guide

Feature NumberSystem Three New Grading

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Features, Page 5 News, Page 5

Features, Page Opinions, Page713

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Opinions, Page Features, Page 9

Faculty to Announce Temporary Building Construction on New Building Begins Summer 2013

josh stark

T

(3l)

A rendering of the new building

his fall begins the last year that students will attend class in the law school’s current building. Next summer, construction will begin on a new home for the Faculty of Law. The new building, designed by Toronto architecture firm Hariri Pontarini, will feature a new multistorey wing extending south along Queen’s Park crescent. Bora Laskin library will be heavily renovated, and Flavelle house will receive minor upgrades. In total, the new building will add 66,000 square feet to the law school, increasing our size by 50%.

Construction will be complete in time for fall semester 2015. However, for the next two years the Faculty of Law will have to find a new home.

Temporary Space Hopes to Replicate that Law School Feel The Faculty has not yet settled on a temporary space to house the law school during the two-year construction phase, though they are reportedly close to a decision.

See news, Page 3

O-Week Photos

See features, Page 10

LETTERS

2 | September 12, 2012

ultravires.ca

The King is Dead, Long Live the King patrick hartford, editor- in - chief (3l)

W

elcome to another year of law school.

After a year of self-imposed exile in the Munk School’s Global Affairs program, I am back in law school proper.

Matt Brown left me with some big shoes to fill as this year’s Editor-in-Chief. But then he put

those shoes back on and decided to stick around as Editor-in-Chief Emeritus. Sure it’s a made up title, but every firm has a kooky old partner who refuses to leave.

Try to humour him.

As the actual Editor-in-Chief this year, I’ve been working with the Editorial Board on some big changes. We’re going to experiment with covering real news this year. I spent some time digging through the uv archives, and apparently this used to be a thing. With the new grading system and a new building, there should be lots to talk about.

We’ve also upgraded the website – www.ultra vires.ca – which has significantly increased the likelihood of our bad ideas going viral and of me getting sued. Please take pity on me when this happens.

You can even follow us on Twitter @UVires.

Wild.

The paper is a big part of our school community and it’s whatever you guys want to make it.

I encourage anyone who is interested, especially 1Ls, to get involved.

You’d be surprised by how low our standards can be. Maybe not. Either way, should be a fun year.

Yea, I’m Down Here Now matt brown

(3l)

W

hen Patrick seized the reins this year he promised some big changes. Like covering actual events that really happened. This is called news. News is something I really tried to avoid last year because I mean it’s just so depressing. I just thought everyone shared my preference for low-level dick jokes over serious articles about the erection of a brand spanking new building.

I guess not.

You’ll also notice the beautiful new layout and the lack of egregious typos (except those in this editorial. I refuse to have my work proofread because well, does the New York Times force Tom Friedman to have his column proofread??)

But despite these changes, the soul remains.

By soul, I of course mean a large photo of me on the second page and naked self-promotion throughout the paper. This is still the uv you know and… well this is still the uv you know.

To the 1Ls who don’t know uv, it’s a lot of fun and one of the few enduring institutions we have at this school (besides that creeping sense of loss you are no doubt already experiencing.) It’s a joy and a privilege to be part of it.

It is also easy to get involved. uv is low commitment but with very high social recognition. It’s like the exact opposite of… anything that helps people. So if you are lazy, selfish and vain you will be among friends at Ultra Vires. And the entire U of T community.

L’École, C’est Moi

Ultra Vires is an editorially independent publication. 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, or the editorial board.

Editor-in-Chief Editor-in-Chief, Emeritus News Editors Features Editor Opinion Editor Diversions Editors Special Content Editor VP Finance Web Editor Layout Editor

Patrick Hartford Matt Brown Josh Stark , Luke Gill & Lee Webb Emilie Lahaie & Jacquie Richards Michael Portner Gartke & Josh Mandryk Emily Debono & Rebeka Lauks Bhuvana Sankaranarayanan & Katherine Georgious Daanish Samadmoten Kevin Siu Alyssa Howes

Errors

If you find any errors in Ultra Vires, please email ultravires@utoronto.ca

Advertising

Advertising inquiries should be sent to Business Manager Jonathan Bega at ultravires@utoronto.ca

Submissions

If you have an article submission or a tip for us, please contact us at ultravires@utoronto.ca.

The deadline for submissions is October 5, 2012. Ultra Vires reserves the right to edit submissions for brevity and clarity.

ultravires.ca

NEWS

September 12, 2012 | 3

See new building, Page 1

Finding a suitable temporary space poses many dents think this raises concerns about the challenges. While the current building has some school’s relationship with its donors. obvious shortcomings, it does have many shared areas and large spaces. The Rowell room, “I think the debate on the appropriate extent of lower rotunda, and Bora’s head all serve as essen- corporate influence and sponsorship in the law tial spaces for social, club and academic events. school is important and worth having. This definitely raises concerns about privatization The administration hopes to find a suitable and corporate influence. Subtle pressures toward space that accommodates student needs. Alexis Bay St are already present, but this takes it a bit Archbold, Assistant Dean of Students, said that further”, said Josh Mandryk (2L). the Faculty has these concerns in mind.

Others didn’t think it would have much impact “First priority is looking for space that will keep on students. students and faculty together. We want the library, classrooms and the student social space “If they don’t sell them to firms, they sell them to to be close together. We’re also hoping that the individual donors. I guess the concern could be temporary space will be close to our current that firms are using classroom names as an ad space. But, to me, room names lose meaning location. We’re really working hard to make sure that students are not scattered across campus” pretty quickly”, said Giselle Chin (3L).

The Faculty will be making an announcement “In the long run I don't think it makes a huge in the coming weeks, once a temporary space difference, people at the school barely know has been finalized. After the announcement, what the names of buildings or rooms are anyway.

Archbold hopes to begin more specific consulta- Nobody tends to refer to the Moot Court Room tion with students. “We want to get quickly to a as the Abella Room, I certainly don't know who specific discussion of ‘where is the microwave Bennett is”, said Jeremy Ozier (3L). going to be,’ ‘where are the bike lockups…’ so that students are not inconvenienced in any big Assistant Dean Archbold said that this practice ways with this space.” isn’t out of step with how the Faculty has treated donors in the past, pointing out that Bennet Lecture Hall, Flavelle House, and the Rowell Classrooms and Spaces to be Room are all named after important donors.

Named for Donors

Since November 2011, the Faculty has raised more than $40.5 million to help fund construction of the new building. Many of the larger donors – many of them Bay St firms – will be rewarded with branded classrooms and spaces. Some stu-

“Naming is an important way to recognize the contributions of donors, without whom the new building would not be possible. We are committed to ensuring that all donor recognition is appropriate, tasteful and consistent with University guidelines."

Photo from n-gon-stock.deviantart.com

LSUC Verdict on Articling Crisis Delayed lee webb

(3l)

T

he final report of the Law Society of Upper accountable status quo, shifting practical training Canada’s Articling Task Force has been to post-licensing by abolishing articling, and delayed from May 2012, to the autumn of this creating a law school-based practical legal year due to the overwhelming level of feedback training course ( pltc) to be delivered concurthat the group received. According to the Law rently or consecutively with law school. In their Society’s Communications office, word of when interim report, the Task Force notes that the the report will be released cannot be expected pltc has attracted the most attention. before the end of this month, but no firm time The Task Force has held 25 consultations, table was provided. including at all of the law schools in Ontario. lsuc began a review of articling in June 2011 in The student societies of 5 Ontario law schools, response to an increasing shortage of available including the University of Toronto’s Student articling spots. The question has since grown Law Society, made submissions directly to the so that an interim report, published in May Task Force, along with over 100 other individuals 2012, identified the concern as being how Ontario and groups. can fairly train competent lawyers. This focus Law students across Ontario held a spectrum of was confirmed by lsuc Treasurer, and Task views on how articling should be reformed.

Force Chair, Thomas G. Conway. In a recent Generally, though, students have expressed a statement to uv, Conway wrote, “the Law Soci- desire that fairness be top of mind in whatever ety’s focus as the regulator is on ensuring that solution is reached. According to the Financial the public is served by lawyers who are fully Post, this can mean making the solution affordable competent and professional, while also ensuring for students, avoiding solutions likely to stigmatize that our licensing requirements are fair and new grads, and ensuring that the entire profession accessible.” is invested in new lawyer development.

The Toronto Lawyers Association suggests that The submission of our Student Law Society the articling shortage is unique to Ontario, focused on the pltc option and advocated that where law schools have increased their enrollment “students who complete clinical legal education by 15% since 2001. The number of students (“cle”) courses during law school” should who go without a placement has doubled in the receive credit toward the training requirement last 5 years to 10% of new grads. The Career if it is selected going forward.

Development Office was unable to provide Current sls President, Albert Lin, declined statistics for the University of Toronto because comment before this year’s sls has had an their collection was being updated and compiled opportunity to discuss this topic. at press time.

The process has seen the lsuc Articling Task More information, including the original consultation Force consult with schools, students and legal report and an interim report released in May, 2012, service providers regarding five options that are available on the lsuc website: http://www.lsuc. cover a host of possibilities. These proposals on.ca/articling-task-force/. include keeping the status quo, creating a more

© 2012 Cassels Brock & Blackwell LLP. All rights reserved.

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NEWS/FEATURES

4 | September 12, 2012

SLS 1L Program Audit luke gill

(3l)

T

he volume of assigned readings in 1L varies so widely across courses and within sections of the same course that the Faculty should establish a set of guidelines outlining the ratio between out-of-class and in-class hours that are expected of students, an SLS report submitted to Faculty Council last March argued. The 1L Program Audit, which was conducted by the sls Curriculum Working Group, measured a number of components of 1L academic life, including the page counts of assigned readings for each course and course section.

One important finding was the significant discrepancy of the volume of assigned readings across courses. The data indicate that public law courses tend to assign many more readings than private law courses, despite the fact that these courses are worth equal numbers of credits.

The average number of pages of assigned readings for first-year criminal law, for example, was nearly double the average volume of assigned

readings for either tort or contract law.

In addition, the working group found the significant variation occurs not only across courses, but also between sections and small groups of the same course. In the first semester, one small group was assigned more than three times as many pages as a number of others.

Over the course of the school year, the difference between the student with the highest possible workload and the student with the lowest possible workload was 878 pages of reading, or 36.3% of the lesser value.

The working group’s report identified three potential adverse effects flowing from the inequality of workload, starting with general unfairness between students who expect to be graded on a level playing field. The working group also suggested that students with a heavier workload could be under increased stress and might suffer potential adverse mental health effects. Finally, the group indicated that students

might react to unmanageable workloads by not completing their assigned readings, consequently missing out on critical learning opportunities.

The working group also surveyed last year’s 1Ls to gauge how much time they spent participating in law-related extra-curricular activities, finding that students spend a considerable number of hours per semester engaged in law-related extracurricular activities. Furthermore, 80% of respondents felt they were expected to take on these commitments, and 39% of respondents indicated that, in their view, this expectation came directly from information received from the Faculty or Administration.

The numbers reflect what most students pick up after a very short time in law school: law-related extracurricular activities may be voluntary, but students feel pressured to take on a significant number of these commitments in order to have a complete resume.

The report’s major recommendation was that

ultravires.ca the Faculty develop a set of guidelines that outline approximately how many hours of work a 1L student should spend on out-of-class work for every hour spent in class. Such guidelines could help to clarify what is expected of students in terms of readings and exam preparation, and could also establish parameters for a reasonable workload. For example, a student would be able to compare the workload of a given course section with the time expected of them for that course and determine whether or not the assigned workload is reasonable. This would provide grounds for a complaint in cases where students deem it necessary.

Because of the significant impact of law-related extra-curricular activities on students’ workloads, the working group also recommended that the Faculty take into account the average number of hours students spend participating in law-related extra-curricular activities when making changes to the 1L curriculum that may impact student workloads.

For brevity’s sake, this article provides only a brief summary of the report’s findings and recommendations.

For further information or for a digital copy of the report, please contact the Students’ Law Society: sls.law@utoronto.ca.

U of T Q&A emilie lahaie

(2l)

Susan Wang was accepted to ut Law and created the University of Toronto Law Class of 2014, but then decided to go to Harvard Law. She remains a group administrator.

So, I was able to find you on Facebook because you’re still a member of our Facebook group? Why exactly?

It’s fun to peek in occasionally and see what’s going on north of the border. There are also some cool people from Welcome Day and elsewhere with whom I still keep in contact. I guess I still feel connected to U of T Law and would be a little sad to be cut off completely.

Does Harvard 2014 have as good a Facebook group as us? Did you start it?

Harvard 2014 has a pretty good Facebook group (that I didn’t start). It’s fairly similar to the U of T one and deals mostly with practical things such as apartments, textbooks, events, etc. Our 80-person section Facebook group, on the other hand, is more tight-knit. There is a chief meme-maker, a resident comic artist who chronicles our mad adventures, a handyman who installs/fixes/applies redneck solutions to everything from car troubles to faulty showerheads and a hunter/gatherer who informs us of the more ephemeral food sightings on campus, among others. It gets pretty hilarious, but I might be biased since yes, I did start it.

Why did you pick Harvard over U of T? U of T was really appealing to me, and I had actually been set on going there for a long time.

In the end though, going to school in Toronto felt a bit comfortable. I had lived in Kingston and Ottawa. I had friends in Toronto, knew the city, and could imagine my life there. I decided it was time to explore a little beyond what I knew.

What do people at Harvard think of us? Do they think of us at all?

Unfortunately, Americans don’t know very much about Canada besides the token images

of Mounties and polar bears.

Do you have a coffee shop in your building? How expensive is the coffee?

Ahh, the all-important coffee question. There is free coffee (as well as tea, hot chocolate etc.) in the mornings. After 9pm, there is also a coffee room in the library that serves free specialty coffees in a variety of flavors such as vanilla and hazelnut. Otherwise, the cafeteria serves Starbucks coffee at Starbucks prices and Peet’s Coffee at about $2 for a large. That being said, I am not much of a coffee drinker myself, so there might be more options I do not know about.

Hook ups among classmates, is it love or mainly lust at Harvard law?

It’s a law school. Has there ever been even a semi-reputable law school without a more than healthy dose of both?

On the scale of awkward work baby shower to Queen’s Homecoming, how fun are the pub nights?

Probably just shy of Queen’s Homecoming. It’s a little (well, a lot) tamer, but on the plus side, there are usually free drink tickets. Also, I count it as a plus that no one has set a car on fire yet. A new pub did just open in the law building last year though, so maybe the increased access to alcohol might make this statement premature.

Both Mitt Romney and Barack Obama are Harvard Alumni. Which way does the school tend to lean politically?

I think the political spectrum is much broader than I experienced in Canada. Just to provide a small sample, a couple of friends worked on the Obama campaign before law school and a lot of

people are currently working on the Elizabeth Warren campaign for Senate. There’s also a strong Federalist Society, and one of my roommates is working on Mitt Romney’s campaign.

Another roommate is focused on abolishing the death sentence, and several people in my section want to work for the American Civil Liberties Union upon graduation. People are all over the place and are very tolerant of starkly different politics. If I had to guess, I’d say that as a whole, hls leans more liberal.

Worst part about Harvard

What do you miss the most about Canada?

American Legal Celebrity Crush:

Poutine, beaver tails, and Timmies. I also miss a certain carefree feeling that comes from canoeing to school in Ottawa or sharing a campfire with backpackers on Wolfe Island.

Best part about Harvard The feeling that the whole world is open and full of possibilities. That if I am passionate about something and willing to work for it, there are many people who will do everything they can to help me succeed. Being constantly surprised by the accomplishments of even my closest friends, and the opportunities to collaborate with students in other faculties/mit. This year has been absolutely amazing in so many respects, but it mainly comes down to the people I have met.

The dorm complex that can’t be torn down because Walter Gropius built it in the 40s. I don’t consider it his best work.

Canadian Legal Celebrity Crush: Sorry guys, I don’t know how serious everyone gets up there, but my celebrity crushes run more along the lines of Ryan Gosling.

See above. Although, I have to admit, Scalia’s dissents are always fun to read if only because they are so deliciously scathing.

Coolest guest speaker you’ve seen: For me, it would be Justice Elena Kagan, who was our former Dean before being appointed to the U.S. Supreme Court. Around here, Justice Kagan is known as the “Coffee Dean” because she was the one who introduced free coffee on campus. She led a reading group and comes back for a couple of events each year. Actually, she’s here for an informal Q & A the afternoon I am writing this.

FEATURES

ultravires.ca

Canada Food Guide (for U of T Law students) hannah kingdom

(2l) & emilie

lahaie

(2l)

T

he Closing of Pho Hung on June 28, 2012 was a sad day for U of T law students. I know we’ll all miss the unidentifiable yet amazingly tasty meat, terrible service and $3.50 beers, but the mourning period is over and it’s time to move on. I’ll admit it’s easier said than done. When asked to write this piece I was at a bit of a loss. It seems my taste buds, like much of my dignity, never really came back from Southeast Asia and I have no idea where else to eat around the school. So, I enlisted the help of some law students who have had the courage to branch out beyond Vietnamese fast food.

A very special thanks goes to Hannah Kingdom for doing a huge portion of this research. Also check out Jason Chin’s amazing food post on the Lawgwarts website!

I present to you the 2012 Canada Food guide, UT law style:

On Campus: Hart House: Sammy’s Student Exchange: Smoothies, sandwiches, salads, wraps, bagels, pizza, curries, samosas, falafel, halal chicken, etc David Hoang describes it as “not terrible”.

They also serve an amazing $5 bi-weekly lunch.

I’ve actually ventured out and tried this and it is amazing.

Wymilwood Café Terrace at 95 Charles St W (cross through Museum Station): Quiet cafe that serves freshly made sandwiches, wraps, and bagels; soup and daily hot specials. Great place to study.

Innis Café at 2 Sussex Avenue: Fresh juices, fresh smoothies, salads (vegetable, bean, pasta etc.), burritos, burgers, sandwiches, bagels, soups and paninis. Jeffery Ma suggests the bbq chicken and salads for $6-8.

Harvest Noon Café and Co-Op at 16 Bancroft Avenue (gsu Building), a vegetarian cafe that serves a variety of meal options.

Hot Yam! 33 St George St Vegan sustainable food collective (options change weekly, always $4).

Café Reznikoff: 75 St George St: Fruit, salad, sushi, yogurt, muffins, bagels and daily hot specials (vegetarian options available).

Sid’s Café: 100 St George St: Food court with Spring Rolls Go, Pizza Pizza, Chicken Chicken, Grill Works, Bene Pasta, Euro Baguette, Grab and Go Express Cooler, Expresso’s Coffee, Bakery, Bento Nouveau Sushi Robarts Cafeteria: 130 St George St (inside Robarts Library, on the second floor).

Food court with Subway, Pizza Pizza, Chicken Chicken, Euro Market, Express, Expressos, Benne Pasta, Bento Nouveau Sushi

Veda Healthy Indian Takeout: Sandford Fleming Building: 10 King’s College Road and the Multi-Faith Centre: 569 Spadina Crescent, Curries, sandwiches (“curritos”), samosas, Halal, vegetarian, and vegan options available.

Independent and awesome places off Campus: Okonomi House on Charles near Youge. Josh Proulx writes “Unique type of food, filling, and only $6.50.”

Kristen Pennington suggests: Utsav at Bay and Yorkville. It has Indian lunch specials for under $10 dollars and lovely staff.

Varsity Deli at Huron and Glen Morris behind Robarts. Services really cheap Korean Food.

Khao San Road for Thai food and Guu Izakaya for Japanese were both suggested by Bobby Leung.

Asuka: Kelly Oksenberg swears it has the best sushi in Yorkville.

ROM Food Studio: 100 Queen’s Park (Avenue & Bloor St W): Sandwiches, wraps, salads, pizza, pasta, soup etc. b Espresso Bar: 273 Bloor St W (located in the atrium of the Royal Conservatory of Music, Avenue & Bloor St W): Salads, bagels, sandwiches, panini, pizza, coffee, small desserts etc.

September 12, 2012 | 5

Fresh: 326 Bloor St W (Bloor St W & Spadina).

Vegetarian restaurant with vegan options available. Smoothies, soups, salads, noodles, curries, sandwiches, burgers, etc.

Sandwich Box: 1200 Bay St (Bay & Bloor St W) Freshly made-to-order sandwiches and salads; soups

Grocery Stores with great meals to go: Bloor Street Market: 55 Bloor St West (Manulife Centre): Salads, sandwiches, smoothies, sushi, fruit, pizza, panini, hot foods, etc.

Whole Foods Market: 87 Avenue Road (Hazelton Lanes, north of Bloor St W on Avenue) Whole Hearth (street-level café): Sandwiches, salads, pizza, coffee, desserts, smoothies, etc.

In the Grocery store: salad bar (hot and cold options, pay-by-weight), prepared foods, sandwiches, stir-fry, pizza, bagels, breads, sushi etc Vegetarian and vegan options available.

Is a bit more expensive, but really excellent, healthy meals.

Fast Food Chains on Bloor: Subway, Starbucks, Second Cup, Tim Hortons and MacDonalds: Only appropriate on friday mornings and for eating your feelings during exams.

ultravires.ca

Move from the classroom to the courtroom.

If you’ve set your sights on a career in litigation, you want to apply all that you’ve learned so far where it really counts – in court. At Lenczner Slaght, you’ll spend more time preparing and presenting cases, guided by highly respected lawyers who can help you develop and polish your advocacy skills. As Canada’s leading litigation practice, we don’t just offer you more firsthand courtroom experience – we insist on it.

FEATURES

ultravires.ca

Guide to 1L emilie lahaie

Glossary: Places:

flavelle house:

The main law school building that houses Grounds of Appeal, the library, and most of your classes. Rooms in Flavelle House use the fl prefix. falconer hall: The smaller law school building closest to University Avenue. Houses the cdo, Financial Aid, and many other administrative offices. Rooms in Falconer Hall use the fa prefix. mcr - Moot Court Room. A Classroom that has about 6 different doors in it, only two you can use. It looks like a court room and chances are you’ll have at least two classes in it. The internet doesn’t work in this room and it is really cold all the time. I suggest bringing a strong coffee for concentration and a scarf. rowell room: The large room located to your left as you enter Flavelle House. The big windows and comfy wide cushioned couches make it my

pick for the best place to nap at school. Despite being a solarium, the Rowell Room is not the solarium, which is located in Falconer Hall blh - aka, Bennett Lecture Hall aka Big Lecture Hall. The other classroom you will have most of your classes in. The internet works, but use it sparingly. The windows at the back mirror to the prof what’s on your computer screen. lower rotunda : The area at the bottom of the stairs in Flavelle House. cdo: Career Development Office, located on the second floor of Falconer Hall. Potentially the most important people you’ll meet in the law school. the library - Also known as Bora. Is found on the main floor of Flavelle house and, depending who you talk to, is the social epicenter of the law school.

Events:

mayo’s muffin madness: First Wednesday of Every month Dean Moran feeds us breakfast!

September 12, 2012 | 7

(2l)

pub night: sls

(Student Law Society) run weekly night to let your hair down. fridays: No classes are scheduled on fridays!

This sounds awesome, and it is, but it also means that fridays are often the day picked for any make up classes, mandatory computer and writing sessions, or anything else to be scheduled. lunch time sessions: There is always some type of educational lecture or speaker event going on at lunchtime on any given day. Usually they involve free lunch.

Extracurricular Activities:

dls: Downtown Legal Services. A student legal clinic offering free legal services to people who don’t qualify for Legal Aid but still cannot afford a lawyer. Its a great place to volunteer and by second semester you get to start taking on your own files. ihrp: International Human Rights Program

laws:

Law in Action Within Schools.

Pro Bono Students Canada. A student-run organization of legal students across Canada.

Features numerous projects to get involved in from Corporate to Environmental to Aboriginal Law. intramural sports teams: You name a sport, we probably have a team that’s just waiting for you to join! Great way to meet people and get out of the library. law follies: The law school’s annual comedy review show. If you’ve ever had dreams of being on the big stage that’s your chance! law review: One of the school’s 4 journals. As a first year student you are responsible for reading 6-7 articles once a semester and discussing them with your cell group. You have to do ‘carriage’ on one, which just means you will be assigned one article to research the subject matter to make sure the information is accurate. pbsc:

OPINIONS

8 | September 12, 2012

Bring on the Star

ultravires.ca

Health & Wellness goes institutional at U of T Law hannah kingdom

(2l)

E

arlier this year, Assistant Dean of Students Alexis Archbold invited students with an interest in furthering health and wellness in the law school community to a lunchtime discussion in her office. Alexis emphasized that she wanted the ideas and drive for health and wellness initiatives at the law school for the upcoming year to come from law students themselves, and not from the faculty or the Dean’s office. We had a lively discussion about health and wellness in the law school and in the legal profession more broadly, and made plans to meet periodically into the summer months and thereafter. The Health and Wellness Student Advisory Committee ( hwsac) was born! [Ed note: great idea, horrible acronym]

is comprised of 2L and 3L students and meets with Alexis Archbold periodically to discuss and advocate for the health and wellness-related needs and goals of law students and the law school community. Over the past few months, hwsac and Assistant Dean Archbold have worked together to develop a health and wellness strategy for the faculty. hwsac

This comprehensive, multi-faceted strategy builds on the successes of other similar institutions. It is based on a survey of health and wellness initiatives in place at a range of second-entry professional degree programs in Canada and the us (including law, medicine,

business, pharmacy, and dentistry). The strategy’s primary goal is to promote a healthy community and a culture of health and wellness, inclusivity, understanding, and helpfulness at the law school. Other goals include helping first year students transition to law school, fostering resilience and coping mechanisms, actively encouraging help-seeking and helping behaviours, facilitating access to appropriate health services (at the university and locally), and working to de-stigmatize mental health issues.

While hwsac is not part of the sls, there are plans to work with it (and other student groups) to achieve these goals. At the end of this school year, hwsac plans to assess the progress of the various health and wellness-related initiatives and goals to help shape the strategy for years to come.

There will be a wide range of exciting (and superrrrr zen) health and wellness-related initiatives at the law school this year. I can’t give much away just yet but if all goes to plan, dogs will be making monthly appearances at Flavelle and I can’t wait to read what The Star has to say about it!

If you are a 1L interested in becoming part of hwsac , please email Assistant Dean Archbold at alexis. archbold@utoronto.ca!

Pictured: Cloudy Holmes Skinner (L) and Julius Faherty Dubber (R). Photo by Promise Holmes Skinner

OPINIONS

ultravires.ca

September 12, 2012 | 9

Word on the Street michael portner gartke

(3l)

Kaitlin Owens (1L)

Georgia Brown (3L)

I think it’s an interesting idea.

I’m not sure how different is from having a, b, c, d with prettier names but I’m open minded and willing to give it a go.

I haven’t given it much thought because it doesn’t affect me.

Meghan Bridges (2L)

Charlie McDonald (3L)

I’m glad it’s not happening to me.

I give the new system a pass. A low pass.

What are your thoughts on the new grading system?

Where should the law school hold classes while the new building’s under construction?

Hani Migally (2L)

Jamie-Lynn Smukowich (2L)

I think people already poked enough fun at it at law follies – it’s pretty useless.

Seriously though, I actually do like it.

I like that they have bins in which to put people rather than imposing a strict average.

I think it’s freaking sweet. I feel like it’s really easy to get a pass. It’s great for people who are in the middle of the pack or a little below the pack.

Matthew Griffin (3L) In the dinosaur exhibits at the ROM. Why? ‘Cause it would be amazing.

Andrew Max (3L)

Jacquie Richards (2L)

It sounds suspiciously like the old grading system.

I think the new grading system is basically a new naming. They could change the grades to different kinds of fish and it would probably have more or less the same effect.

It’s basically a fuss over nothing.

Chris Bamford (2L)

Robert Santia (2L)

David Morawetz (3L)

We do have that small old house on the other side of Queen’s Park, don’t we?

I’m what you call one of those hands on learners. I’m taking criminal law? Definitely at the Brunny. How funny am I? I’m a natural talent.

What’s the least profitable faculty at the university?

Where should the law school hold classes while the new building is under construction?

Bertrand Rivière (1L) I think they should have them here while it’s under construction. If you can get through a year dodging girders and power tools you’ll never have trouble working under pressure again.

Jenny Bates (2L) I think it would be ideal if it were around this area – if we could choose one of the colleges on the other side of Queen’s Park. It would be perfect if we could have all of our classes in a single space.

Danny Urquhart (1L)

Shauvik Shah (1L)

The most important thing is to keep them consolidated geographically so that you still have most of the law students in the same general area.

The Great Hall in Trinity College.

Fits in with the Hogwarts theme from orientation.

10 | September 12, 2012

FEATURES

O-Week 2012

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FEATURES

September 12, 2012 | 11

12 | September 12, 2012

The Wright Man

OPINIONS

“The First Thing We Do, Let’s Kill All the Lawyers?” louis tsilivis

(2l)

T

here’s a classic Simpsons episode where a featured a team of law students from a certain stressed-out Marge is on trial for accidentally school north of Bloor arguing that the world pocketing a bottle of Bourbon from the Kwik-E would be better off without lawyers. In a sort of Mart. The family hires local ambulance chaser “lost the battle [but I guess you aren’t wasting Lionel Hutz – the sole practitioner of “I Can’t your lives]” sort of way, the law students arguing Believe It’s a Law Firm!”, a firm that also offers for a lawyer-less world lost the debate and were “expert shoe repair” – despite his abysmal record bested by non-law students arguing that lawyers in court and his purported Princeton law serve useful purposes in society. degree (Princeton does not in fact have a law Should we really be surprised? The study of the school). Hutz impresses the Simpsons over dinner, law is the study of the rules that govern society, and after Bart tells him that he “wants to grow after all. Sure, one can argue that the existence up to be a lawyer just like [him]”, Hutz beams of lawyers may lead to rent-seeking and to a and asks the audience to “imagine a world with- disregard for creating laws that are easily out lawyers”. He shivers at this thought, picturing understandable by the general public. But a world where people of all races, religions, sometimes the law needs to be complicated. cultures, and nationalities literally hold hands Modern corporations are complicated. The and sing together in verdant fields under rain- state apparatus is complicated. Crime is complibow-filled skies. cated. Sometimes we deal with complex agreeThe Simpsons lawyer-bashing is usually over ments and multifaceted institutions and sometimes the top and a comedic hit. There’s the ethically a situation is not black and white but is instead questionable Hutz prepping Bart as a trial nuanced and intricate. Having a group of people witness: “There’s the truth,” he says, frowning whose job it is to understand these complex and shaking his head sideways, “and – the rules and then fashion coherent arguments and truth!” he says smiling and nodding. In another make judgments based on a dense body of law is episode, Movementarian cult leaders threaten probably a prudent idea, unless you want all of to call in “their deadliest weapon...the lawyers”. modern society to crumble.

But let’s be honest here. And I am being honest The clearest way I can say it is that specialization here and not just trying to reassure fragile 1Ls of labour is prima facie a good idea. It ensures or fragile 2Ls or fragile 3Ls with lots of spare that the people who actually interpret and use the law know what they are doing. The rest of time that they are not wasting their lives by entering law. A world without lawyers would be society can then concern itself with other lines a much, much worse world. of work or with leisure (e.g. watching cricket), instead of pulling their hair out while they A Canadian inter-university debate last year

ultravires.ca attempt to make sense of the law (e.g. by reading cases about cricket) [Ed note: 1Ls will get this joke by the end of the week].

But what about the rent-seeking? Surely the increasing litigiousness of society and the appeal of punitive damages just create a world where lawyers encourage us to sue one another frivolously. If you’re an upper-year making this point, then you really should have shown up to torts, legal process, and contracts. There you would have learned, respectively, that: 1) sometimes people have been civilly wronged and genuinely need to sue wrongdoers to get their just compensation (so suits are sometimes just and socially useful); 2) that courts are supposed to throw out frivolous cases; and 3) that punitive damages are only really given out in exceptional cases in Canada. (There’s a test for this in Whiten v Pilot Insurance Co, but like most upper-years I’m sure you sold and never want to read that casebook again). If you’re a 1L making this point, then rest assured that time will eventually ameliorate your ignorance.

Let’s face it: lawyers fulfill a necessary and useful role in our society. There’s a scene in Shakespeare’s Henry vi (Act ii, Part iv), where Jack Cade elucidates his idea of a perfect world: a sort of communistic order with Mandryk-ian undertones. Dick the butcher chimes in: “The first thing we do, let’s kill all the lawyers.” In case my paean to the necessity of the legal profession didn’t win you over, the reason why you should disregard the people who argue for a lawyer-less world is because they all quote that line from Shakespeare. This is probably because none of them have even read the play and think it adds colour and legitimacy to their points (it doesn’t). The idea behind a cull of the legal profession wasn’t to cut down on rent-seeking or encourage a simplification of laws; it was to kill anyone who might stand in the way of a contemplated revolution and a new tyranny. Shakespeare intended with that line not to bury lawyers, but to praise them.

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OPINIONS

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New Grading System Actually Makes Sense michael portner gartke

(3l)

T

he first thing you need to know about the new grading system is that it is not a cosmetic change. Your As will not become High Honours, your B+s Honours, your Bs Passes with Merit, and your C+s Low Passes.

At least not all of them will. The new system is a complete overhaul of grading at U of T and represents a thoughtful, sophisticated and positive change. Believe it or not, it actually makes sense.

The first misconception about the new system is that it was motivated by a desire to make the ubiquitous B/B+ students feel better about themselves. According to Associate Dean Ben Alarie, the new system’s primary purposes are: 1) to standardize grade distributions across all classes and 2) to provide accurate information about where students stand in each class.

Under the current “Letter” system, professors’ grades are dictated by a single consideration: a strict requirement to achieve an average of between 73.5 and 74.5 percent. Behind every letter grade is a number: C+s are 65-69 percent; Bs are 70-74 percent, B+s are 75-79 percent, and As are 80 and above. In small classes, such as small groups, the class average can be as high as 75.5 percent.

Associate Dean Alarie pointed to the twin phenomena of “lumping” and “spreading” that have consistently undermined the fairness of the current system. Some professors tend to lump their students into the middle of the distribution, giving most students B+s and some Bs. Other professors prefer to use the entire range and drop tons of As… and Cs. Because professors have so much freedom to distribute grades, the current letters fail to paint a consistent picture of what classes’ performance distributions look like.

Under the new system, professors will be required to assign student grades to “bins” that represent fixed proportions of each class. The new system’s guidelines suggest that fifteen percent of each class receive High Honours and thirty

percent receive Honours grades with the has seen As, Bs and Cs before. remainder to be split among Pass with Merit, It is this final point, however, that brought on Low Pass and Fail. the second – but most heavily publicized – Associate Dean Alarie estimates that fifty change to the grading system: the name change. percent of students will receive a Pass with Merit U of T Students have made humorous analograde in each class. Under the Letter system, it gies in various media – the Toronto Star, last was common for eighty percent of students to year’s Law Follies skits and this publication – receive B or B+ grades, with B+ being the most about how grades could be called just about common grade given out. anything and the effect would be the same.

Professors will be givWhile these statements en one or two percentare likely inspired by age points of flexibility ignorance of the new in larger classes and distribution rules, they several points in smallare correct on one er ones – just enough point: what we call our so that students on the grades is completely margins of each range arbitrary. At the end of are able to receive the the day, the fundamengrade that best aligns tal purpose of a law with their perforschool grade is to promance. vide information about For most students, the how a student performed drastic reduction in relative to his or her the availability of the peers. It is with this in second highest grade mind that the Faculty (which is now called decided on High HonHonours) will be the ours, Honours, Pass most visible change of with Merit, Low Pass, the new system. The and Fail designations. fact that grading will Even though all grade now tell a consistent names are arbitrary, story of where students these ones are at least placed in their classes not as arbitrary as they Associate Dean Benjamin Alarie is the most important and might seem. uc Berkeley has used a system with significant change, however.

These changes are not to suggest that the cur- five very similar designations for years, and Harvard and Yale use an even more restrictive rent system is completely without merit. The system: those schools have no “High Honours” Faculty is understandably proud of the fact that grade. it has managed to resist the pressure to inflate The decision to create five bins instead of four its grades for over forty years since the Letter was a significant one, as an important feature of system was implemented. Letter grades are also any grading system is its ability to differentiate familiar to students and employers. Everyone

September 12, 2012 | 13 among students. I spoke to several Toronto firm recruiters while researching this article, and while the overall reaction to the change appears to be neutral, recruiters expressed relief that U of T hadn’t gone full-Harvard on this one.

Some students might be concerned that a decline in the number of “second best” grades awarded will hurt U of T students’ chances at OCIs. Again, the firm recruiters interviewed were unanimous on this point: they only compare grades within a school when deciding whom to interview, not across schools. U of T students upset at this revelation would do well to note that most Toronto firms interview more candidates from U of T than they do from any other school.

The names of the new grades – High Honours, Honours, Pass with Merit and Low Pass – also make a lot of sense. High Honours represents exceptional achievement and is named accordingly. Honours also represents high achievement, as it indicates that you placed comfortably in the top half of your class. Pass with Merit is exactly what it sounds like: you have passed the course and met the high standards expected of U of T students. A Low Pass – like a C or a C+ – sounds bad. As it should.

Toronto firms’ ambivalence about the changes speaks to their familiarity with the quality of U of T students. Employers in other markets are not as familiar with the quality of our class, however – and will be forced to look behind the grade names to find out what they mean. This will prevent them from making lazy comparisons with grades from other Canadian institutions – and from assuming that a B is a B is a B. What is the standard expected from a U of T Law student? One might find a clue in the incredible accomplishments – academic, extracurricular and professional – that preceded every U of T student’s entry into our program.

Meeting that standard sounds a lot better than getting a B. Marks are imperfect assessors of quality and employers know this. That is why students’ cover letters, cvs and interview performances represent vital elements of their candidacy. Grades are, however, one of the only quasi-objective comparisons that employers can make. They might as well paint the most accurate picture possible.

The New Grading System Receives a Pass - Barely bhuvana sankaranarayanan

J

ust in case you’ve been hiding under a rock (and haven’t read any of the rest of this paper), the grading scheme at the U of T law school is about to change. The broad overview: instead of providing professors with a mean and nothing else, there will be mandated distributions of approximately 15% hh, 30% H, with the rest being distributed between P, LP, and F. Oh, and the names of grades changed, which is apparently the only part of this that the Toronto Star ever cared about.

So is the new system better than the old? Yes almost everything is better than giving professors an extraordinary amount of discretion with regard to how they scale grades, but not giving them any discretion with regard to the mean.

This previously led to the familiar phenomena of professors who ‘clumped’ grades (handed out very few As or Cs) or ‘spread’ grades (handed

(2l)

out comparatively fewer Bs). However, ‘is it better than the old system?’ is not a very good scale on which to assess new systems. The real question is, “Is the new system the best that we can come up with?”

at ut Law - it does now. In the past, trying to give 45% of people in the class a B+ or an A made it much more likely that a lot of people would have to get Cs; that no longer has to be the case.

There are positive things about the new system.

For one thing, the number of LPs and Fs that professors hand out is (basically) independent of the number of Ps, Hs, and hhs. This will mean that professors will not feel that they cannot hand out higher - or lower - grades without failing or passing other students. This means that professors may be able to more accurately reflect student performance in assigned grades.

A bigger problem arises because the faculty is assuming that every class will have roughly the same number of high achievers, and won't reward professors that may teach classes better.

This is especially a problem for smaller classes.

Grade distributions are based off the idea of large classes actually representing a ‘normal’ distribution - the idea that in a statistically valid sample, some people will perform better than others and others will perform worse. This makes sense in large classes that are (1) statistically valid in terms of sample size (normally meaning that they have at least 30 people); and (2) mandatory or that everyone takes. They do

However, there are many problems. One of the problems is that we now have a mandated distribution of hh and H. So for one thing, forget about the idea that grade inflation doesn’t exist

not make sense for small classes that people opt into, meaning that they have a special interest in these classes - it means that in general, a student must be much more competent and work harder to get a higher grade in a more focused, smaller class than in a general, larger class.

There are ways to make the new system even better. It would probably be better to exempt small group classes from these requirements and trust the professors to grade properly. In large classes, we could combat grade inflation by mandating both a mean and an approximate standard deviation rather than making lps and Fs discretionary.

OPINIONS

14 | September 12, 2012

Point | Counterpoint

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left :

MPG’s current Facebook prof ile picture Leo’s current Facebook prof ile picture

right :

Should 2Ls change their name on Facebook for OCIs? michael portner gartke

POINT

(3l) & leo elias (3l)

Some Bay Street firms will teddy bear in a baseball uniform, and 3) a receive over 2,000 applicants whole album devoted to gingerbread sculpture. for a mere 20 positions within their 2013 2L In other words, massive red flags. summer class. Students from U of T, the University Firms composed of very bright, very educated of Manitoba, and everywhere in between. Students lawyers can learn a lot of negative things about with straight As, straight Bs and straight Cs. you on Facebook. Firms would never want Students whose previous job titles were “Chartered to hire anyone who drinks or knows how to Accountant”, “ma student” and “struggling actor” have a good time, because that would clash (i.e. Leo). Do you know how firms decide which far too much with the staid, teetotaller Bay of these students to interview and, eventually, to Street culture. whom to give offers? Facebook!

Come on, 2Ls. No one on Bay Street gives a It makes so much sense. If you wanted to hire shit that you once drank beer or even that you the future leaders of your firm, wouldn’t it be once did a keg stand. Even more pertinently, no the easiest, most sensible thing to just illegally one is going to hack your account. If you have any privacy settings at hack into 2,000 people’s Ask anyone who has ever all , firms’ student direcFacebook accounts to deworked at a downtown firm tors, with whom you are termine whether they’re Bay Street material? It’s and they will tell you: law presumably not Facebook friends, cannot see not like lawyers are alfirms are pretty much the your profile. Got lines of ready putting in 80-hour drunkest places… anywhere. coke as your cover photo? weeks on real work.

Maybe you should change that. Racist and/or At the very least, firms can call up their 2012 otherwise offensive imagery? Yeah probably summer students, ask them to come back to Toronto, demand that they log into their Face- that too.

But ask anyone who has ever worked at a downbook accounts and scroll through the profiles of prospective applicants with whom they are town firm and they will tell you: law firms are friends. pretty much the drunkest places… anywhere.

Got pix of you holding a beer in your hand? Not Also, newsflash: if I google your real name, hired – party animal. Pix of you sitting on the your Facebook profile still comes up even after grass? Not hired – hippie. Pix of you smiling? you’ve changed your name. So…yeah.

Not hired – you enjoy life too much. Leo’s pro- Please, 2Ls: for the sake of all of your friends, file denotes wayyy too much joie de vivre. Some casual acquaintances, and impressionable 1Ls of the highlights: 1) a display pic in which he is who are trying to find you…don’t change your wearing checkered pants (pictured), 2) a stuffed Facebook names.

COUNTERPOINT

you wrote in undergrad be that reason. Change your damn name.

But, you ask, would that photo or comment really Hubris. Something mpg knows very well. Hubris be cause for them not to hire you? Yes. The answer refers to decisions made out of a misplaced is yes. Any thing that you do that firms wouldn’t sense of self-confidence that end up screwing you down the road. Some of you will be per- want on your official bio is “poor judgment.” fectly fine, but a handful of you will find your- And people with poor judgment do not get hired.

2. Zuckerberg Changes Things All the Time selves shaking your head late one night, half Do you trust Facebook’s security features? into a bottle of Prince Igor vodka and a box of I sure don’t. With the way the stock is tanking kd. Hubris. It sucks. Despite mpg's impressive I wouldn’t be surprised if Facebook started selling business acumen, he is essentially telling you to my information to advertisers. (Oh wait, they take a huge risk for no gain, solely on the trust do that already?) The reality is that Facebook he has in Big Law. constantly changes its security features and So here’s the deal: you have a line of defence? use . it. You don’t pull never tells anyone. Maybe Would that photo or comment you’re your star goalie in the totally fine. Maybe really be cause for them not you’re not. But I can tell third period, you don’t use a rookie to close a you this: I’m not taking to hire you? game, and you don’t let my chances.

Yes. The answer is yes.

Thomas Mulcair wear a 3. Why Worry When You cowboy hat five days before the election. You Can Change? just keep on doing what you’ve practiced so When I got Facebook I wasn’t planning on going hard: altering yourself to be exactly what Power, to law school. I did all sorts of crazy things in Money & Tears llp wants you to be. undergrad. Now I’ve settled down, got myself a And here’s why: long-term girlfriend [Ed note: she’s a babe] and 1. One Bad Move = Poor Judgment focused on getting a real job. I am not going to The firms, as my learned colleague pointed out, let some stupid pseudo-marxist comment from have 2,000 people applying for 20 spots. They 2008 prevent that from happening. Not all of us are looking for anything, anything, to get that can be a law school machine forged from a pit of pool of great candidates lower. Typo? Cut. tears like the mpg-Bot. Didn’t realize that Blakes has two other names?

I don’t know what’s on my timeline and quite Cut. History of working for social justice? Cut. frankly I don’t want to. Change your name.

Do not make it easy for them. Don’t let some hilarious photo of you or some stupid comment

DIVERSIONS

ultravires.ca

September 12, 2012 | 15

Intra Vires Investigative Reports: Fall Fake Facebook Names magnus jerusalem (xl) intra vires:

To make up for our paltry offering of “real” news, this year we will be writing fake news. Not just fake news, but fake sarcastic news which is about as close to art as news gets. Haven’t you read the Onion? Welcome to Intra Vires.

as a way to overcome your personal failings.

That has absolutely no place in the legal profession.”

Some students are more concerned that their political views might disqualify them from a high powered Bay street job.

“Look, I’m unabashedly left wing. I care passionately about the injustices in our society and I’m not afraid to say so on my Facebook “We definitely missed a few years” said Ms. page,” said everyone, ever. “I just think that the corporate world might be too conservative and Donahee, the student programs coordinator at patriarchal to accept me, and it’s very a Bay street firm. “We only caught on to the important for my self esteem to continue to existence of Facebook when that movie came out. And even then, the people who make im- believe that.” portant decisions about hiring policies stopped Some students cited the incredibly personal nature caring about broader society or culture before “God, one time I even posted a link from rabble.ca.” of their Facebook accounts as a reason to make any of you were born.”

“Of course, you also have to ask yourself,” said a the switch.

Bay Street lawyer, “if the students actually believe But once firms caught on, even senior partners these political things they post on Facebook, “As silly as it sounds, our generation really does realized how important Facebook was for their why do they even want to work for a law firm try to show the best version of ourselves through hiring process. that they clearly think protects and enables evil, our Facebook accounts,” said Oliver Smickle, socially destructive corporations?” a 2L. “Not only is it a photo and video record “Look, I’m a partner at a Bay Street law firm. I of how we actually live our lives, but it is also charge $1260 an hour. I manage a practice Of course, for some students, changing their group of associates who work 10 hours a day a meaningful reflective process that forces us and generate millions for the firm,” said a large, Facebook name is simply a way to stand out. to consider our own values, select the things hirsute woman. “But every September I make most important to us, and to share them with damn sure that we all spend several hours look- “Look, you just can’t forego any opportunity to the world.” present yourself as a unique, beautiful snowflake ing students up on Facebook and creeping to the world. I know I can change my privacy through hundreds of photos on the off chance “And this is why it is absolutely paramount that settings to unsearchable. I know I could just that we might find a photo of Johnny Student we hide this information from the firms that we intend to spend the rest of our lives working for.” sucking back a tallboy. It may not be billable, remove photos. But do either of those things let me flout my minimal understanding of a but what choice do we have?”

Intra Vires was initially skeptical of whether foreign script I learned in my year off before law such paranoia was necessary. Do employers acschool?” said a white person. tually care about students’ Facebook accounts? “God forbid we find that you use alcohol abuse

O

nce again, 2Ls across Canada have begun the annual ritual of changing their Facebook names. Hoping to prevent prospective employers from learning about their personal lives, many students choose to change their name to something unsearchable - a foreign script, a name-based pun, or substituting middle and first names.

Do they even know what Facebook is?

Poetry in Decisions article by bhuvana sankaranarayanan

(2l)

Think law’s dreary? Apparently, so do some judges. Here are two rulings that rewrite classic poetry into great court decisions.

(1) In Re Love This is a rewriting of “The Raven” by Edgar Allan Poe. (The judge was denying his own motion to dismiss a case under section 707(b) of the Bankruptcy Code).

In Re Love (61 BR 558): Once upon a midnight dreary, while I pondered weak and weary Over many quaint and curious files of chapter seven lore While I nodded nearly napping, suddenly there came a tapping As of some one gently rapping, rapping at my chamber door, “Tis some debtor” I muttered, “tapping at my chamber door – Only this and nothing more.”

Ah distinctly I recall, it was in the early fall And the file still was small The Code provided I could use it If someone tried to substantially abuse it No party asked that it be heard.

“Sua sponte” whispered a small black bird.

The bird himself, my only maven, strongly looked to be a raven.

Upon the words the bird had uttered I gazed at all the files cluttered “Sua sponte,” I recall, had no meaning; none at all.

And the cluttered files sprawl, drove a thought into my brain.

Eagerly I wished the morrow—vainly I had sought to borrow From BAFJA, surcease of sorrow—and an order quick and plain That this case would not remain as a source of further pain.

The procedure, it seemed plain.

As the case grew older, I perceived I must be bolder.

And must sua sponte act, to determine every fact, If primarily consumer debts, are faced, Perhaps this case is wrongly placed.

This is a thought that I must face, perhaps I should dismiss this case.

I moved sua sponte to dismiss it for I knew I would not miss it The Code said I could, I knew it.

But not exactly how to do it, or perhaps some day I’d rue it.

I leaped up and struck my gavel.

For the mystery to unravel Could I? Should I? Sua sponte, grant my motion to dismiss?

While it seemed the thing to do, suddenly I thought of this.

Looking, looking towards the future and to what there was to see If my motion, it was granted and an appeal came to be, Who would be the appellee?

Surely, it would not be me.

Who would file, but pray tell me, a learned brief for the appellee The District Judge would not do so At least this much I do know.

Tell me raven, how to go.

As I with the ruling wrestled In the statute I saw nestled A presumption with a flavor clearly in the debtor’s favor.

No evidence had I taken Sua sponte appeared foresaken.

Now my motion caused me terror A dismissal would be error.

Upon consideration of § 707(b), in anguish, loud I cried The court’s sua sponte motion to dismiss under § 707(b) is denied.

(2) Fisher v Lowe Fisher v Lowe (333 NW 2d 67) was about an owner seeking compensation for his oak tree, which was hit because of the defendant's careless driving.

The plaintiff lost the case, and the judge at the appeal court delivered his judgement in verse, in a parody of Joyce Kilmer's “Trees”.

J. H. GILLIS, Judge.

We thought that we would never see A suit to compensate a tree.

A suit whose claim in tort is prest, Upon a mangled tree's behest; A tree whose battered trunk was prest Against a Chevy's crumpled crest; A tree that faces each new day With bark and limb in disarray; A tree that may forever bear

This student has an articling position lined up

The author would like to remind readers that despite the tone of this article, changing your privacy settings is probably a good idea because, shit, who knows right?

A lasting need for tender care.

Flora lovers though we three, We must affirm the court's decree.

Affirmed.

The best part about this decision is that the Headnotes are also in poetry (!): A wayward Chevy struck a tree Whose owner sued defendants three.

He sued car's owner, driver, too, And insurer for what was due For his oak tree that now may bear A lasting need for tender care.

The Oakland County Circuit Court, John N. O'Brian, J., set forth The judgment that defendants sought, And quickly an appeal was brought.

Court of Appeals, J. H. Gillis, J., Gave thought and then had this to say: 1) There is no liability, Since No-Fault grants immunity, 2) No jurisdiction can be found Where process service is unsound; And thus the judgment, as it's termed Is due to be, and is Affirmed.

[1] AUTOMOBILES k251.13 Defendant's Chevy struck a tree, There was no liability.

The No-Fault Act comes into play, As owner and the driver say.

Barred by the act's immunity, No suit in tort will aid the tree.

Although the oak's in disarray, No court can make defendants pay.

[2] PROCESS k4 No jurisdiction could be found, Where process service is unsound.

In personam jurisdiction Was not even legal fiction Where plaintiff failed to well comply With rules of court that did apply.

16 | September 12, 2012

Mad Libs Noun - something you think is pretty cool - __________________ Plural noun - a place where one might meet a spouse - __________________ Past tense verb - __________________ Past tense verb - __________________ Past tense verb - something your mom does - __________________ Verb - __________________ Plural noun - __________________ Noun - everyone has one - __________________ Verb - ______________ Noun - any philosophical theory or concept - __________________ Noun - __________________ Adverb - __________________ Verb - __________________ Plural noun - __________________ Verb - __________________ Plural noun - something birthday parties have - __________________ Adjective - __________________ Verb ending in ‘ing’ - __________________ Plural noun – things you don’t like - __________________ Verb - __________________ Verb - something you do after a night of drinking - __________________ Plural noun - __________________ Verb - __________________ Past tense verb - __________________ Plural noun - __________________ Noun - __________________ Plural noun - __________________ Adjective - __________________ Adjective - how you might describe a roller coaster ride - __________________ Adjective ending in ‘est’ - __________________ Plural noun - __________________ Adjective - __________________ Adjective - __________________ Number - __________________

DIVERSIONS

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So You’re a __________________ !

Law school is different from other __________________ . As an undergraduate, you __________________ and __________________ while your professor

__________________ . Now, you are expected to __________________ . However,

unlike undergraduate __________________ , your __________________ counts for

little and everything you __________________ must be justified within the context

of the __________________ .

Preparation for __________________ is also __________________ different. You cannot simply __________________ the materials

for the __________________ . You must ensure that you __________________ the

underlying __________________ . This is made more __________________ by the fact that gone are the days of __________________ with your classmates.

Remember, those __________________ are rooting for you to __________________ .

Finally, __________________ everything you know about __________________ .

You can no longer merely __________________

what you have __________________ or answer broad __________________ .

You must now apply the __________________ you have learned to new factual

__________________ . You will find this both __________________ and

__________________ . You may also feel like you are the __________________ one

here, especially after having spent a year listening to your __________________ say

things that sound, on their face, very __________________ and __________________ .

Take heart! Every 1L believes this … but only__________________ can be right!

Send your answers to ultra.vires@utoronto.ca and we will feature the best mad libs on our website.

DIVERSIONS

ultravires.ca

Top 10 reasons NOT 4 to join Law Review (or any other journal) michael portner gartke

(3l)

E

very year, incoming 1Ls are faced with a seemingly difficult choice: whether to participate in the lamest extracurricular in the law school or whether to spend their time doing better things.

After struggling with this decision for several minutes, approximately 95% of you will sign up for Law Review (or some other journal). The remaining minority will regret your choice for the rest of the year. Don’t. Here’s why:

10

The work that assistant editors actually do sucks. What do assistant editors actually do? Read every paper that the editors assign to your aptly-named “cell” group; decide which, if any, don’t suck; and pass those up to people who know more about the law than you do. You are also individually assigned the privilege of reviewing one or two articles for originality and authenticity. If an article from your cell group gets passed up, you then get to check every footnote to make sure it’s correct. fun!

9

Nine out of ten papers that you read won’t even be good enough to make it in. The tenth paper will be critically flawed, but out of a sense that you must have read something decent in all that tripe you will pass it up to the law review “conference.” This is basically a forum for members of the legal intelligentsia to shit all over the papers and tell their authors what’s wrong with them. Which is a huge honour for the authors by the way.

8

There’s mad pressure. You’re the last line of defence in keeping Fareed Zakaria types from publishing under our esteemed

masthead. If Time and cnn couldn’t stop him, what are your chances of catching a cunning legal fraudster?

7

Because “everyone else is doing it” (although 95% technically isn’t “everyone”) is a terrible reason for doing it. Remember how you read Fifty Shades of Grey because everyone else was reading that, and how you strongly regretted that decision? Joining Law Review is similar, if not quite as boring and repetitive.

(Although it is arguably a toss-up as to whether making it through the trilogy is more or less of an accomplishment than toughing it out to make Editor-in-Chief in 3L.)

6

Because “Barack Obama was the first black Editor-in-Chief of the Harvard Law Review” is also a terrible reason. President Obama is very inspirational, but Law Review is not. Also, the utflr is not the Harvard Law Review. Just saying…

5

You spend a whole weekend per semester doing the most boring stuff imaginable (i.e. the stuff described in item 10). I can’t emphasize enough how boring this stuff is.

How I Failed Law School luke gill

I

(3l)

should probably begin this article with a disclaimer: I have no idea how to actually fail law school. I’m not sure if it is even possible. but, what I can offer you is the law school version of an F: a C. Yeah, I’ll bet you didn’t even know that they give those babies out here. But they do – I know because I got one. And thanks to the three pages of detailed feedback I got from the professor explaining how I answered every single question incorrectly on the final exam, I can teach you how to get one, too!

exam? yolo. You’ll know that you did it right if the professor comments: “no, that is really not why this case is important, nor an accurate statement.” Translation: “Can… you… even… read…”

Spell everything incorrectly and trail off midsentence. Because even if you did get something right, the last thing you want is for your professor to know that. While you’re at it, cite cases from the syllabus at random with no explanation as to why you did so. Classic misdirection. You’ll know that you did it right if your professor comments: “Apart from the typos and the incomplete sentence, clearly there is not enough to go on.” Translation: “Why did you even bother writing this? I want you to suffer as I have suffered.”

Begin each answer with a false assumption. After several paragraphs of faulty reasoning That way, you can’t get anything else right. I that do not directly relate to the question, managed to write a full two pages of legal arrive at the correct answer with no explanareasoning that had nothing to do with what the tion as to how you got there. If nothing else, question asked of me due to a false assumption this will confuse and agitate your professor about which statute applied to the issue. With even more than you already have. You’ll know any luck, you’ll get three pages! You’ll know that you did it right if the professor comments: that you did it right if your professor comments: “Some faulty steps in reasoning and some mis“Unfortunately that initial premise has restricted reading of the question. The main omissions your ability to answer the question properly.” are: [long list of omissions not included]… You Translation: “What the fuck did you just make do get the right answer.” Translation: “I tried to me read?” fail you but the records office wouldn’t let me. Best of luck in the real world, you will seriously need it.”

Cite a case with no knowledge of what it is actually about, and then try to summa- As you can see from this step-by-step guide, it rize why the case is important. I mean, it’s probably takes more work to get a C than it does like multiple choice: on average you’re going to get a B. So if you do manage to get a C, don’t to get it right once every f ive times. Do you be ashamed. You have achieved something truly want to spend the rest of your life regretting remarkable that most law students never have the time you didn’t take a wild guess on an nor will. Wear your C with pride.

You spend a single weekend per semester doing the most boring stuff imaginable (i.e. the stuff described in item 10). Firms do not respect this stuff and place zero value on it on a cv. Not only do you develop zero useful skills, you also commit very little of your time to it. (i.e.

“I will show recruiters that I’m good at time management” isn’t actually a thing.) To the 95% of students who do Law Review in 1L and not in 2L, expect firms to laugh at that pathetic paragraph (about cite-checking!) that you thought might buff up your résumé.

September 12, 2012 | 17

Intra Vires katherine georgious

(2l)

BREAKING NEWS: A book was signed out of Bora Laskin Library

3

In fact, firms care so little about the Law Review that you will never, ever be asked about it in an interview. Every single lawyer knows exactly what Law Review is, and realizes that there is not a single way to make a conversation about it interesting.

2

Legal scholarship is actually really boring.

A lot of people come into law school assuming it isn’t, but unfortunately they are wrong. Believe it or not, having a BCom and a keen interest in business does not make restitution, non est factum, or any other doctrine of contract law remotely interesting.

Sadly, it does not make those concepts any easier to understand either.

1

Because you have options. Everyone has different priorities when it comes to deciding the extracurriculars by which to over-extend themselves. Some people want to gain relevant experience while some just want to have fun. At the end of the day, if all you’re concerned about is having something to talk about during interviews (which is the primary concern of many 2Ls at this time), the latter approach is by far the best. Any interviewer can sense what you’re truly passionate about (although passion is a pretty strong word when it comes to law school extracurriculars). So do what you like!

2Ls spend days preparing off-thecuff anecdotes to prove to firms they are totally normal ontario, canada-

In an effort to prove they aren’t type-A perfectionists, 2L students across Ontario are heavily editing their online personas and meticulously planning 17 minutes of casual conversation for their upcoming On Campus Interviews (ocis).

After repeatedly being told the goal of ocis was to get a sense of a student’s personality, these students are eliminating all semblances of their online identities by changing their names on Facebook, editing down opinionated blog posts, and deleting all photos of themselves wearing anything orange.

Students have also been conducting mock interviews with each other, where they are seeking to gain much needed interpersonal skills like listening to other peoples’ ideas, refraining from correcting someone who misspoke, and shutting up when they are about to complain about getting a B+.

Progress in these areas has been minimal.

But it isn’t all dreariness and stress, as many students interviewed by Intra Vires said they were eager to start their legal careers.

“Obviously I’m excited” gushed one 2L. “Finally! I am one step closer to my childhood dream: spending 65 hours a week drafting contracts for large mining companies!”

Photo by Philippe Landreville Supreme Court of Canada Collection bora laskin library-

In a shocking move, not seen since 2003, a student actually withdrew a book from Bora Laskin Library.

“Obviously I was confused” said the librarian on duty at the historic moment. "You hear about these situations but you never expect them to happen." I had to look up when the book was due back, de-magnetize the security strip and everything. It was nuts.”

An undergraduate student who says he needed it for a political science paper withdrew the book in question. Besides facing obstacles in signing the book out, he also struggled when returning it. “I went back to Bora on Sunday to return the book, and found the library was closed,” he says. “I looked around for a drop box, but couldn’t find one. So I asked some law students who were hanging around outside if they knew how I could return a book after hours, but they just rolled their eyes and muttered something about Osgoode students and snails.”

Laskin estate sues Faculty of Law toronto -

The estate of Chief Justice Bora Laskin has filed an injunction against the Faculty of Law requesting they permanently refrain from attempting to honour him in any way.

“Listen, you aren’t doing him any favours,” a Laskin family representative told Intra Vires. “Every year, you teach 200 students to associate Justice Laskin’s name with a disembodied head they can use as a meeting spot, or as a place where upper years harass them to buy tickets for their drunken parties.

Do these kids even know anything he’s done… Harrison v. Carswell? Anyone?”

Faculty administrators were understandably disappointed upon hearing of the suit.

They feel they have gone to great lengths to show their respect for Justice Laskin, like naming a library after him that isn’t open before 9:00 am.

The estate of Pierre Trudeau is considering joining the suit, in a bid to remove the “Trudeau as a Mad Einstein” portrait hanging in Bora Laskin Library.

18 | September 12, 2012

DIVERSIONS

Ask Dr. Valencia

Dear Dr. V Is it true that you can get drunk through your anus?

Best, Fratty Flindstone

Dr. Valencia has a PhD in Relationship Studies from the University of Rangoon. He has been given the annual Dr. Ruth prize for achievement in relationship counselling seven times in his six year career.

He is recently divorced.

Hi Fratty, Been listing to Rumours lately? What a great album. So in case you didn’t know, people have been saying since the 1970s that Stevie Nicks of Fleetwood Mac destroyed her nose doing so much blow that she needed her roadies to feed it through a straw into her ass. The old “coke in the can” if you will (thanks for that Californication).

I have little doubt that this technique would be fine for the yayo and other pharmaceuticals as doctors prescribe medicated suppositories all the time. But with Booze? I’m not sure. I’m not that kinda doctor.

I guess the first question is why? If you’re trying to eliminate your shitty morning breath, you certainly are bringing the fire to the furnace. Are you trying to cut down on calories or something?

Just feeling a bit adventurous perhaps? There are probably better ways to take care of both of those, for example the lap-band (I’ve got a great guy for that, really cheap) or some latex-wear (I’ve got a great guy for that, really cheap).

The next question really deals with the logistics.

Are you gonna funnel beers? Obviously you’ll need space back there if that’s the plan. Probably better served to stick to hard liquor. But while there may be less quantity, I’m guessing there will be more burn. Ohhhh. Maybe a shot of Tequila – salt that party first and then follow up with a lime? Yikes! And as alcohol is known to have drying properties, I would fear the early onset of regular hemorrhoids, or perhaps some cracking.

Anal will certainly not be in the cards for you..

I don’t recommend this at all, but if you decided to give it a run, please do follow-up with your findings.

Godspeed, Dr. V Dear Dr. V, I hit on everything in sight at pub night.

This strategy isn’t working too well though - for some reason, girls like to be “the only one” in whom I’m interested. How do I maximize my odds of meeting someone while only chatting up one girl at a time?

Sincerely, A Number Cruncher

Dear Number Cruncher, The first thing you need to do is rule out whether “the only one” is a mere excuse. I can assure you that girls don’t mind being one of many if you look good enough. One jacked, handsome fella with a penchant for kinky sex comes to mind, and I can assure you that ladies didn’t mind so much if they weren’t the first. I’m guessing you don’t fit into the category of beautiful alpha and as such you may need to pick one and give your best college try. btw, is it “university try” in Canada? I digress.

The next thing you need to figure out is whether you actually like a gal enough to focus your attention on only her. Women may not be so keen on being the focus of your attention only to be forgotten when you’ve been satisfied. Think of it as a bait-and-switch of sorts. If you’re just looking to crush ass then find the right girl and go buck wild. Honestly that’ll be way more fun than mopping up tears after the hard sell with a chica that deserves better. Just wrap that shit up.

The hardest part will be finding the partner in crime. Law school certainly has its fair share, but you have to look in the right places. 1Ls are obviously the worst place to look. We all know the first years still have such huge egos,

ultravires.ca while knowing so little about what they are walking into, that you face a façade of respectability that doesn’t get shed until they realize a) they won’t get straight A’s and b) a shitty, self-righteous attitude is not an asset to your career. I’d say wait until they have their final marks for the year and/or have gone through ocis, but at that point they’re 2Ls. The 2Ls can be a great deal of fun, but watch out during the fall semester. Those cats are wound tight, nearly on the verge of tears - a mere pfo letter from going postal. The tell-tale sign you are in the wrong place is when you hear another 2L bragging about their oci success.

Invariably there will be someone near-by that is struggling through the process and if this person is your friend for the evening you’re dead in the water. Basically what I’m saying is if it isn’t winter yet, stick to the 3Ls… If there is someone that you actually like, then you should know the drill at this point – be yourself, be generous, don’t be a Debby-downer, try and play it cool. If she isn’t interested, don’t piss and moan. You win some you lose some Good luck Amigo, Dr. V Dear Dr. V, Whatever happened to Joseph Kony?

Regards, Curious Jorge

Hola Curious, To be honest I’m not really sure who the fuck that guy is. I remember the Kony 2012 video being around, but so many law students were bitching about the organization that made the video and what they did with their finances, that I decided I was better off not supporting them by watching that trash. So I don’t know. I hope he’s doing all right I guess…

Yours, Dr. V

ultravires.ca

UV Cooks

DIVERSIONS

Swiss Chard & Lemon Ricotta Pasta georgia brown

(3l)

A

s summer winds down and the produce aisle becomes less vibrant, there is no need to give up on cooking fresh and tasty meals for ourselves. This dish brings together the zestiness of citrus, the creaminess of ricotta and the saltiness of bacon and, on top of it all, features a healthy serving of nutrient-packed swiss chard. The recipe originally calls for dried spaghetti, but using fresh pasta noodles adds a special touch, as their delicateness is the perfect canvas on which to showcase this truly unique combination of ingredients. If you find yourself without swiss chard, spinach or kale are both acceptable substitutions. Feel free to leave out the red pepper flakes if you are averse to heat in your dishes. Finally, extreme heavy-handedness with respect to cheese measurement is recommended because, let’s face it, a little extra ricotta and parmesan can go a long way in the flavour department! This recipe serves four.

3 cups raw Swiss chard, sliced (including the stems) 2 handfuls dried spaghetti noodles 2 strips bacon, cut into ¼˝ slices ½ large shallot, minced olive oil as needed ¹/³ cup ricotta cheese 2 tablespoons Parmesan cheese zest from ½ lemon ¼ teaspoon salt, to taste 1 pinch of dried red pepper flakes

1.

Bring a pot of well-salted water to a boil over high heat. Blanch the Swiss chard for 3-5 minutes. Scoop out the chard, and drain well, squeezing out as much of the water as possible. Chop again and set aside.

2.

Keep the pot of water boiling, and add the spaghetti noodles. Follow the directions on the packet for making the spaghetti. Drain and set aside, retaining about 1 cup of liquid from cooking the noodles.

3.

4.

5.

6.

7.

Fry bacon until just crispy. Add the shallot and sauté until soft, adding olive oil if needed.

Add the Swiss chard and toss well to break up the chard clumps.

Combine the ricotta and Parmesan cheeses in a small bowl, and add the lemon zest, salt, and red pepper flakes.

Add to the Swiss chard mixture in the sauté pan and mix well.

Add cooked spaghetti, and some of the pasta water as needed.

Serve warm.

September 12, 2012 | 19

Thirsty Scholar colin cameron vendrig

(3l)

Y

ou’ve spent the last four years in Kingston or Montreal—or, if you slacked hard in high school, maybe London—and the last time you’ve been in Toronto in the fall for anything other than Thanksgiving you were eighteen, and probably thinner.

The bar scene has changed, you’ve changed. Whether you’re new to the city or the type I’ve just described, you would benefit from a (re) introduction to Toronto’s night life.

Remember, law school is serious stuff. You’ll spend a lot of time in the library. But there is a life beyond Bora and a city full of places to explore. Let me take you on a quick tour!

The Casual Pint. It’s Tuesday night and Bora is about to close, where do you go to grab a quick pint with a few friends? These venues are close to the faculty, reasonably priced, offer decent food, a broad selection on tap, good patios and a relaxed feel. You’ll probably meet a guy named Andrew Robertson. Examples: Bedford Academy, Duke of York, Hemmingways and The Pilot.

It’s Still Undergrad. Your friends are in town for a big weekend. Undergrad only finished five or six months ago, why not keep being awesome? These spots are popular amongst the Trinity College crowd and recentlygraduated-from-Queen’s-Commerce types. You’ll almost certainly run into mpg. Examples: Madison Avenue Pub, Gracie O’Malley’s, Cabin Five and Brunswick House.

Stay Classy. You just finished December exams and a group of your fellow 1Ls are looking for an aggressive night. This destination is a church of poor decisions, a temple of excess and the supposed resting ground of Bacchus himself. It enjoys a sort of cult following, those who like it, love it. Don’t just drink the cool aid, spike it with something strong, grab someone who looks good in the dark and go dancing. You’ll meet McLean there. He won’t remember it. Examples: Dance Cave, everything else is secondary.

Actually Classy. You met someone and suggested a drink. They said yes. You were surprised—this rarely happens—and you want to make a good impression. These spots offer a wide selection of mixed drinks, a great atmosphere and bar tenders that make their job seem truly artisanal. Examples: Bar Chef and No One Writes to the Colonel.

Different. Going to Western—sorry, ‘Ivy’— for four years was rough, that 14 hour torts binge even worse. You want to go somewhere that offers something different, something with character. These venues throw down a bit of entertainment, whether it comes from the staff, the music or the ambience. You’ll meet Kitz there. He’ll tell you about this time he was backpacking in Nicaragua, how rolled tobacco is so much better and why Brooklyn is way more authentic than Manhattan and blah, blah, blah. Examples: Stones Place, Dakota Tavern and Guu. Bottle Service. You missed Tomorrowland because you had a job and don’t have your priorities in order. These clubs offer your standard mix of house, rap and top-40 with the occasional big dj. Grab some heels, grab a suit and throw down some Scotia dollars. Examples: Hoxton, Brasaii, Cube, Thompson Hotel, etc.

Enjoy!

Photograph by ChezSuzanne, accessed on August 25, 2012 at: http://food52.com/recipes/17723_swiss_chard_and_lemon_ricotta_pasta

ultravires.ca

20 | September 12, 2012

Crossword daniella murynka

(2l)

down 1. Inspiration for home-renovation porno (see also: the only word I couldn’t ascribe a vaguely legal meaning to).

2. Bosses (see also: O-Week Captains).

3. Femme friend of L’HD or Bastarache.

4. Moot justice?

5. Fewer are admitted into law school.

6. Nabber (see also: Robin Hood, Bonnie or Clyde, s. 322 of the Code).

12. Second half of the Rule 21 test (see also: clear, apparent, self-evident).

13. Repeat information, as for a law school exam (see also: cracker-loving avian).

14. Gait of the guilty (see also: mode of walking into class late).

16. Property papers (see also: things that are dirty and done dirt cheap).

17. Emails that enter your inbox without consent.

19. Doughnut-eater (see also: defender of justice).

across 1. Mea _____.

4. _____ evidence (or defeat).

7. Mayo’s muffin madness creates one in the atrium (see also: the real culprit in Popov v. Hayashi).

8. Fifth flavour recently discovered by scientists and also at issue in Ajinomoto Co. v.

Blissful Centany International Ltd. 9. Feeling of boredom non-law students have around law students bickering about the law.

10. Eager, earnest, enthusiastic (see also: 1L trait).

11. ___ ___ the handle (two words) (see also: what law students are prone to do when under-caffeinated).

14. Swagger, strut, flounce (see also: 3L mode of walking).

15. Gung-ho (see also: trait of readers, hockey fans and gunners).

18. Law school memento.

20. Succeed in establishing a fact.

21. “Legitimate rape” apparently shuts these down (see also: the government has no place in a woman’s ___).

22. Descriptor for a relationship between a 1L and a non-law student (see also: word for an iPhone that falls into the toilet).

23. His laws fit on two tablets!