octobre | octoberquid.mcgill.ca/issues/2010-2011/v32no3.pdf · ely publishable.-en ause oo t no uld...

14
Journal des étudiant-e-s en droit de l’université McGill McGill Law’s Weekly Student Newspaper Volume 32, n 0 3 5 octobre 2010 | October 5 th 2010

Upload: others

Post on 26-Jun-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: octobre | Octoberquid.mcgill.ca/issues/2010-2011/v32no3.pdf · ely publishable.-en ause oo t no uld y open the ed esponse, in turn t he but did so in a eam. y subjec-o fi-e the line

Journal des étudia nt-e-s

en droit de l’université M cGill

McGill Law’s

Weekly Student Newspaper

Vo l u m e 3 2 , n 03

5 o c t o b r e 2 0 1 0 | O c t o b e r 5 t h 2 0 1 0

Page 2: octobre | Octoberquid.mcgill.ca/issues/2010-2011/v32no3.pdf · ely publishable.-en ause oo t no uld y open the ed esponse, in turn t he but did so in a eam. y subjec-o fi-e the line

WHAT’S INSIDE? QUEL EST LE CONTENU?

WANT TO TALK?

TU VEUX T’EXPRIMER?

ÉDITO 3

Willingly Self-Deluded 4

The Institute for Gender, Sexuality and Feminist Studies 5

Cartoon 5

Has the Quebec Political Class Met Its Waterloo? 6

Commission on the Status of Women 7

The ‘Why?’ of McGill Law School 8

Law School of Rock 9

ONoir Event 10

Droit à l’image 11

QUID NOVI

3661 Peel Street Montreal, Quebec H2A 1X1

514 398-4430

http://quid.mcgill.ca/

EDITORS IN CHIEFCourtney RetterChanel Sterie

IN-HOUSE DIVA

Charlie Feldman

QUID ONLINE REPORTERSCharlie FeldmanKatie Webber

ASSOCIATE REVIEWERSAshley AdamsAngelina BalashStefanie Carsley Ivana CescuttiEliza CohenKelly CohenMichelle FelskyRodrigo GarciaFaizel GulamhusseinDaniel Haboucha Allison JaskolkaElizabeth KigutaBonnie KingAlexandra LazarMarie-Pier LeducKimberly Lee-LouisAida MezouarJames NowlanCorey OmerLaura Scheim Eva Warden

LAYOUT EDITORSNicholas ChoinièreKarine EigenmannBenjamin FreemanThomas Gagnon-van LeeuwenAfrica Sheppard

STAFF WRITERSChase BarletKirk EmeryAriane LauzièreLee McMillanAlexandra MeunierMichael Shortt

Envoyez vos commentaires ou articles avantjeudi 17h a l’adresse : [email protected]

Toute contribution doit indiquer le nom del’auteur, son année d’étude ainsi qu’un titrepour l’article. L’article ne sera publiee qu’a ladiscretion du comite de redaction, qui

basera sa decision sur la politique de redaction.

Contributions should preferably be submitted asa .doc attachment (and not, for instance, a“.docx.”).

The Quid Novi is published weekly by the students of the Faculty of Law at McGill University. Production is made possible through the direct support of students. All contents copyright 2010 Quid Novi.Les opinions exprimees sont propres aux auteurs et ne refletent pas necessairement celles de l’equipe du Quid Novi. The content of this publication does not necessarily reflect the views of the McGill LawStudents’ Association or of McGill University.

J o u r n a l d e s é t u d i a n t - e - s

e n d r o i t d e l ’u n i v e r s i t é M c G i l l

M c G i l l L a w ’s W e e k l y S t u d e n t N e w s p a p e r

Vo l u m e 3 2 , n O3

5 o c t o b r e 2 0 1 0 | O c t o b e r 5 t h 2 0 1 0

Page 3: octobre | Octoberquid.mcgill.ca/issues/2010-2011/v32no3.pdf · ely publishable.-en ause oo t no uld y open the ed esponse, in turn t he but did so in a eam. y subjec-o fi-e the line

EDITORIAL - A Delicate Balance“McGill Law’s Weekly Student News-paper” is the phrase that appears onthe cover of the Quid Novi. We de-pend on you, the students – we arehere because you read us, and stayalive because you write in with yourarticles.

We know you read us because you tellus – many of you have stopped us inthe halls to speak about Natai’s serieson the gendered experience of lawschool or to discuss Lee’s piece fromlast week. That said, responses to nei-ther item appear in this week’s Quid,for two very different reasons.

With respect to Natai’s article – someof the concerns we’ve heard relate tothe premise (i.e. that law school is agendered experience) while others rai-sed concerns over methodology. Wemight sound like a broken record, butif you’ve approached us about it we’vesaid ‘Why don’t you write somethingfor the Quid?’

La réponse qu’on nous donne le plussouvent ne surprend pas. “Je ne pensepas qu’il y ait une place pour ce que jepense”. Oui, c’est touchy. Il y a despoints de vue qui ne sont pas popu-laires. Comme quelqu’un nous a dit “Jene veux pas risquer d’être traité desexiste ou pire juste parce que je nesuis pas en accord avec ce qu’elle adit”.

We understand this – we get whysome people think there is more tolose than gain by expressing them-selves in this particular forum. And,we also understand that many of youprefer to approach authors directly.

While this is laudable in its own right,it limits the faculty-wide discourse onimportant subjects. We are your stu-dent paper – use us.

Cette semaine, quelques personnesnous ont exprimé leur intérêt d’écrireun article pour répondre à celui de Leede la publication de la semaine der-nière. On en a reçu une, mais aprèsune discussion avec l’équipe de redac-tion, l’auteur a retiré sa soumission.

Simply put, we are against censorship.We want to publish what you send ourway. That said, we have a delicate ba-lance to strike. Our editorial policy re-quires review of articles andconsultation in some cases before ma-king a decision to accept or reject anarticle.

It seems in the case of a response toNatai’s article, students are self-censo-ring. Provided the submission addres-sed the substance of her article, theonly foreseeable editing issues wouldbe possible use of sexist language,which is something we’re supposed tocheck. In other words, any non-ad-ho-minem response would be presumpti-vely publishable.

Conversely, the one response submit-ted to Lee’s article – while well written– raised flags under our policy becausethe editors in question felt it was tooharsh. The problem here is that nostudent – or faculty member – shouldfeel attacked when they open theQuid. To some, Lee’s article attackedlaw students – the response, in turnattacked him (on the grounds that hetoo is a law student) but did so in a

manner that split the editorial team.

Harshness and tone are very subjec-tive things, and it is tough for us to fi-gure out exactly where the line is orwhere it should be. As it happens, theultimate decision of the author towithdraw the submission relieved usthe burden of having to decide how tomodify it. It’s unfortunate that a greatpiece of writing is not included on ourpages this week, mais il faut faire avec.

Had we published the article withoutchanging a word, we risked alienatingthose who may be on the fence aboutwriting in the Quid – seeing a smack-down on our pages might dissuadeone from writing. Similarly, Lee wouldbe denied our ‘no one should feel per-sonally attacked’ policy.

It’s a tough balance. Sometimes, youmake the call whether or not to sub-mit. Sometimes, the question of inclu-sion falls to the editorial team. We arenot experts and we might not alwaysmake the right calls, but we do ourbest with what we have in the time al-lotted.

That said, recall that we are what yougive us. S’il n’y a pas d’articles en fran-çais, c’est parce qu’on n’a reçu aucunesoumission en français. Si tu voulaisrépondre à un article et tu ne l’as pasécris – il n’y aura aucune réponse dansle Quid de la semaine prochaine.There’s always an ever-so-slightchance your piece might not make iton our pages, but it’s 100% sure no-thing will appear if you don’t write.Hopefully, together we’ll strike just theright balance.

É D I T O

QN • 5 OCTOBRE 2010 • 3

L a w I I I

O m b u d s m a n

CHARLIEFELDMAN

Page 4: octobre | Octoberquid.mcgill.ca/issues/2010-2011/v32no3.pdf · ely publishable.-en ause oo t no uld y open the ed esponse, in turn t he but did so in a eam. y subjec-o fi-e the line

It is really a welcome blast from the past to be reading in-troductory texts again, especially the kind, like PatrickCane’s Atiyah’s Accidents, that tickle you in funny places.There is a small fire rekindling, somewhere deep insideme, that I had previously thought had fizzled out. Ironi-cally, it is the same fire, full and warm, that blazed in myfireplace in the summer of ‘05, when I sat comfortably inmy living room with Ben Franklin’s autobiography in myhand, and Mozart in my ear. Those were the days when Icould confidently distinguish, with the strength of myconviction, between right and wrong. Back then, a lookup to the stars still brought Newton’s universe to mind.Back then, Rousseau seemed to throw Letters from aMountaintop down to me like scrolls, like the modernequivalent of Moses’ commandments.

Nowadays, I sit in the cold with a copy of Kissinger’s me-moirs and find myself listening to Twelve-tone Schopen-hauer. When I look upwards, all I see is the bent light ofEddington’s eclipse, and Nietzsche’s aphorisms rise upfrom the seabed like tantalizing sirens. Somewhere inbetween there has been a Fall from the Garden of Edento the Garden of Heathen. I must have incurred a concus-sion on the way down, because I have been unable to dis-criminate between Augustine’s City of God and Becker’sHeavenly City of the 18th Century Philosophies. Is libera-lism a religion? How many of these liberal values are but-tressed on faith as opposed to reason?

But, needless to say, I am experiencing an expatiation ofsorts, a renewed relationship with God if you will. I amagain experiencing that internal dialogue between myselfand what one might call my ‘conscience’. Now, I oncemade a choice to release myself from this thing called‘conscience’ because somebody once told me that it wasone-and-the-same with ‘common sense’. Commonsense, that ugly phenomenon that causes people to thinkthat the way we do things in our own time is the waypeople ought to have done things in every time. It isreally that bond that Cane is invoking when, at the startof chapter 7, he says that “in moral terms, the fault prin-ciple might be thought to suffer from serious defects”.

The historian in me laughed at this, but another sidecould not help but nod in approval. Why do Cane’s argu-ments seem so self-evident? Why do tort-law notions offault, contributory negligence, or even tortfeasor liability,seem so unjust, or to put it in Cane’s words: seem to “ap-pear indefensible in a wider context”. After all, I knowthat in the real world, I would react indignantly if some-how I received no compensation for an accident I incur-

red upon myself through my own negligence. I know thatif I wandered out onto the street as a child, causing aman to crash into a tree and kill himself, I would not feelit just for my mother to go bankrupt trying to compen-sate the victim’s family. But why is that? I know that thesense of entitlement that people exhibit these days findsits justification not in philosophy proper, but in somevague, self-evident feeling arising from our commonsense. What is this theory of the Reasonable Man if not amanifestation of precisely this? What’s more, what hap-pens when you study the sources of contemporary ‘com-mon sense’ (when you read Heidegger) and find that ithas its roots in precepts and prejudices that are in fact ar-bitrary and contrary to the insights of contemporary phi-losophy?

It is this kind of battle that rages on in my mind as I burymyself in methods of jurisprudence and legal doctrine. Itis at this stage quite tense, but I am nonetheless startingto feel it relaxing. It is an incredible act of self-conscious-ness to be able to feel the changes taking place in yourown system of values. It is all the more so when you ob-serve yourself returning to positions you previouslythough erroneous, but at the same time, do not feel tobe regressing, but merely changing. After all, one thing aserious consideration of nihilism and existentialism bringsyou is the realization that one truth is probably as valid asany other. So why latch onto that variant of the truth thatis essentially self-destructive, when you can just as easilycling to one that you know will make you happy instead?

It is also pragmatic in its own right to accept a status-quo,even if you find no rational basis for it. For, with your lackof a better alternative, you are apt to destroy without re-newal the very society in which you live by refusing to‘act’ on anything other than those things you hold to beself-evident. If anything, society provides you with themeans to philosophize in the first place, and there is atleast a minimum standard of duty that one owes to it as aresult. Thomas Hobbes had this in mind in writing TheLeviathan, for whatever one might say to the contrary,he, and not Locke, is the true founder of Liberalism. Asauthoritarian, and ergo some would say unjust, as his po-litical philosophy reads, it still holds a stable society as itsprimary underlying concern. One thing ‘searchers’ of va-rious sorts ought to keep in mind is that the conditionthat must pertain in order for true wisdom to arise is,first and foremost, a stable society within which indivi-duals may continue to think and philosophize.

LEEMCMILLAN WILLINGLY SELF-DELUDED

4 • OCTOBER 5TH 2010 • QN

L a w I

Page 5: octobre | Octoberquid.mcgill.ca/issues/2010-2011/v32no3.pdf · ely publishable.-en ause oo t no uld y open the ed esponse, in turn t he but did so in a eam. y subjec-o fi-e the line

QN • 5 OCTOBRE 2010 • 5

ROBERTLECKEY

INTRODUCING (TO SOME OF YOU) THE INSTITUTE FORGENDER, SEXUALITY AND FEMINIST STUDIES (IGSF)

P r o f e s s o r

Does your Civil Law Property or JICP class slake your thirst for chal-lenging, theoretically grounded, and interdisciplinary debate onmatters such as queer theory and the state of contemporary femi-nism? For many of you, it may. But, as I gather from occasionalconversations, not all of you feel that way.

Whether you have a new interest in exploring such matters, or fearthat law school just might be killing parts of yourself nourished byprevious study or activism, you should check out the IGSF.

The IGSF—located just down Peel Street from us—aims “to stimu-late, support and disseminate research in gender, sexual diversity,and feminist studies.” In existence since 2009, it is the politically andtheoretically reoriented and more teaching- and research-intensivereincarnation of the McGill Centre for Research and Teaching onWomen.

The IGSF hosts a wide range of stimulating events. The Institute’selectronic newsletter is a great way to keep abreast of sexuality- andfeminist-related events on campus, whether within the IGSF or out-side it. (There’s a sign-up option on the Web site:http://www.mcgill.ca/igsf/.) The Institute has a brand-new director,

the fabulous Annmarie Adams from the School of Architecture. Herresearch interests include gender, sexuality and space.

Given the Quid’s high standards of objective journalism, I should dis-close that I’m not a neutral observer of the IGSF. I serve on its boardof directors. Moreover, later this term, I have the honour of kickingoff its new series, Esquisses: A Lunch-Time Series of Works-in-Pro-gress by McGill Faculty. I’ll be presenting a draft paper called “LawReform and Lesbian Parenting: Scrutinizing the Reflective Claim.” It’llbe Monday 25 October at 12 noon, with lunch provided if you regis-ter (http://www.mcgill.ca/igsf/events/). Sign up if you’re interested.

The IGSF has great events happening before that. They include Jef-frey Weeks’ lecture “Queer(y)ing the ‘Modern Homosexual’” (Thurs-day 14 October at 5:30 p.m.); geographer Rashad Shabazz on“Masculinity and the Mic: Confronting the Uneven Spatiality in Hip-Hop” (Tuesday 19 October at 4:00 p.m.); and Shannon Sullivan on“Feminist Theory and Phenomenology of Race” (Tuesday 19 Octoberat 4:30 p.m.).

Rich as the offerings are within the walls of Chancellor Day Hall,McGill offers much more. Do consider exploring the IGSF.

L a w I I

ERDALGOK

CARTOON

Page 6: octobre | Octoberquid.mcgill.ca/issues/2010-2011/v32no3.pdf · ely publishable.-en ause oo t no uld y open the ed esponse, in turn t he but did so in a eam. y subjec-o fi-e the line

A l u m n u s ‘ 0 7

ANDRES JONATHANDREW

When Napoleon’s army met Wellington’s on the outskirts ofBrussels at Waterloo, his defeat seemed inevitable—the ideals ofa revolution now a spent force, overextended, collapsing underits own weigh. One year since his last battle and after a shortexile on Elba, this was Napoleon’s last stand.

For those Canadians who are confounded by Quebec’s new-found zeal for reform, the recent provincial budget is hopefullyan admission that for similar reasons the Quebec model has alsomet its Waterloo.

Without delving into the perilous debate over the varieties of ca-pitalism or being misinterpreted as advocating an ‘End of His-tory’ thesis for economic systems (after all the Anglo-Americanmodel is blamed for the banking crisis and resulting Great Reces-sion), there is nevertheless something strikingly unsustainableabout the Quebec model—a blend of French statism and Anglo-American capitalism, with a splash of German corporatism, sea-soned with more than a pinch of economic nationalism—that isworth exploring.

There are, in my view, three reasons for why events in Quebechave come to such ahead, so dramatically this spring. A com-mon thread runs through all three, the Great Recession and theperennial problem with some social democratic models: theyeventually run out of spending other people’s money.

For one, Quebec’s underfunding of public services is unsustaina-ble. The breadth and depth of government services is remarka-ble, particularly for its means. It offers 26% more services thanOntario but is 14% poorer. During the last recession (mid 1990s),Quebec City balanced its books by cutting the fat and eventuallystarving bloated public services. It made no attempt to reformlike Alberta, B.C. or Ontario. The current Great Recession pro-vides no such solution. To do so would cut even further into thebone of a dilapidated welfare state. A more sensible approachwould be to cut the scope of what l’état providence offers, in-crease user fees and search for real efficiency savings.

Secondly, the government cannot ask Quebec taxpayers to bearmore of an already huge burden. It can’t tax the rich because theQuebec model did not create enough of them. Indeed 40% ofthe active population does not pay income tax, which leaves thecaptive middle class doing the heavy lifting. There simply isn’tany more water in the income tax well. While Quebec City canplay on the margins with sales taxes or other stealth taxes, itspoliticians understand that there are diminishing returns to in-come tax rises for its treasury.

The era of tax cuts may not return for a while, as countries dealwith their sovereign debt crises. But for the highest taxed juris-diction in North America, the appetite for the state to help itselfto more of its citizens’ earnings seems limited. A fairer, simpler

income tax system with lower overall rates should be somethingQuebec works towards to encourage wealth creation: one wayout of this balance sheet problem.

Lastly, the Albertan oil-revenue-train has dried up. The decadebefore the 2008 crash was one of the longest and largest globalexpansions in economic history. Growth was driven in large partby BRIC (Brazil, Russian, India, China) countries and their deve-lopment increased demand and prices for Canadian raw mate-rials, especially oil. Quebec was barely able to balance its booksduring this boom. It relied heavily on federal transfer payments,global economic growth and the resolution of the so-called “fis-cal imbalance” (primarily tar sand money) to grease the wheelsof Quebec statism. Indeed during this period it increased thescope of public services, by for example offering $7/day daycareto all residents.

Like the surviving French and Spanish crews at Trafalgar, no fede-ral surpluses and a weak economy leave Jean Charest captaininga leaky lifeboat of exhausted middle class rowers furious withthe new expectation to pay for their daily rations: user fees.

Quebec has tried a trilogy of tricks to avoid the inevitable andmost important way out of its budgetary crisis: the reform ofwhat services are offered, how they are delivered and how theyare paid for.

This brings us to the accusations of corruption and sleaze. Sucha phenomenon is often a symptom of too much government ra-ther than too little. Crony capitalism is endemic in the statist so-cieties of Asia, Southern Europe and Latin America. While theaccusations being assessed in the Bastarache Commission areprobably a red herring, the money-for-political-favors modus vi-vendi of the construction industry is likely to unearth foul play bya generation (or more) of Quebec politicians.

We can thank the investigative journalists for unearthing still-un-proven indicators of cronyism which may have revealed the Que-bec political game for what it is: a gentleman’s club ofrent-seeking paternalists operating under the veil of PQ linguisticnationalism or business friendly ‘will not rock the boat’ Libera-lism. This Ying and Yang political dynamic is self-serving and per-petuates more of the same. Anyone who believes Quebecsociety will achieve a sovereignist or free-market utopia in thispolitical culture is likely to be disappointed.

Napoleon was surprisingly resilient. Indeed tactical mistakesmay explain why Napoleon lost at Waterloo. He may have goneon to fight another day as he did after Moscow and Leipzig. Forthe sake of all taxpayers, let’s hope the Quebec model and itscurrent political class does not.

HAS THE QUEBEC POLITICALCLASS MET ITS WATERLOO?

6 • OCTOBER 5TH 2010 • QN

Andrés Jonathan Drew B.C.L./LL.B. ‘07 is a researcher in the Law Department at the London

School of Economics. He was President of the McGill Law Student’s Associatin in 2006. A ver-

sion of this article appeared in the Calgary Herald on May 25th 2010.

Page 7: octobre | Octoberquid.mcgill.ca/issues/2010-2011/v32no3.pdf · ely publishable.-en ause oo t no uld y open the ed esponse, in turn t he but did so in a eam. y subjec-o fi-e the line

QN • 5 OCTOBRE 2010 • 7

MINACHAMSI

COMMISSION ON THESTATUS OF WOMEN

L a w I I I

Interested in attending the Commission on the Status of Womenin NYC?

YOU could be attending the 55th Session of the Commission onthe Status of Women (CSW) at the United Nations Headquartersin New York City this upcoming March.

Every year, the Women’s Caucus partners with Canadian NGOs tosend McGill law students to participate in the CSW. The 2011priority theme of the Commission on the Status of Women is“Access and participation of women and girls to education, trai-ning, science and technology, including for the promotion of wo-men’s equal access to full employment and decent work”. TheCommission will also evaluate progress in the implementation ofthe agreed conclusions from its fifty-first session on “The elimi-nation of all forms of discrimination and violence against the girlchild” (http://www.un.org/ womenwatch/daw/csw/55sess.htm).

This is YOUR CHANCE to attend a United Nations Commission, asonly Member States, representatives of non-governmental orga-nizations and of UN entities will participate in the session(http://www. un.org/womenwatch/daw/csw/).

Students have the option of attending for anywhere from two toseveral days during the two weeks of the Commission, February22nd to March 4th 2011. Fundraising will be done to cover someof your expenses.

If you are interested, please send a brief explanation (about 250words) of why you would like to attend the CSW to [email protected] by Wednesday, October 6th.

Questions? Contact [email protected]

Intéressé à participer à la Commission de la condition de lafemme à New York?

VOUS pourriez assister à la 55e Session de la Commission de lacondition de la femme de New York à l’Organisation des NationsUnies à New York au mois de mars.

Chaque année, le Caucus des femmes se joint à des ONG cana-diennes pour permettre à des étudiants de McGill de participer àla commission. Cette année, la Commission se penchera sur l’ac-cès des femmes et des filles à l’éducation, à la formation, à lascience et à la technologie, ainsi qu’à l’accès au plein emploi et àun travail décent. La Commission évaluera également l’évolutionde l’adoption des conclusions de la 51e session qui portait surl’élimination de toute forme de discrimination et de violencecontre la fille.

Ceci est VOTRE CHANCE d’assister à la Commission des NationsUnies, puisque seuls les représentants des pays membres, desONG et des organes de l’ONU peuvent y participer(http://www.un.org/ womenwatch/daw/csw/).

Les étudiants auront la possibilité d’assister à la Commissionpendant au moins deux jours pendant les deux semaines de laCommission: du 22 février au 4 mars 2011. Des activités de fi-nancement seront effectuées afin de couvrir certains frais.

Si vous êtes intéressé, veuillez envoyer une brève explication (en-viron 250 mots) des raisons pour lesquelles vous voudriez assis-ter à la conférence à l'adresse suivante:[email protected].

DATE LIMITE : Mercredi le 6 octobre 2010.

Questions? [email protected]

How was Section 15 added to the Charter?!? Learn how women organizations lobbied the gov-

ernment!

Venez écoutez Sen. Nancy Ruth, Co-chair of LEAF,feminist truth-teller and social activist!

Quand? Le mercredi 13 octobre, de 17h30-19h, àla salle 102!

pssst. Check out section15.ca for juicy details!

psssssssst. Come early for cupcakes!

Page 8: octobre | Octoberquid.mcgill.ca/issues/2010-2011/v32no3.pdf · ely publishable.-en ause oo t no uld y open the ed esponse, in turn t he but did so in a eam. y subjec-o fi-e the line

8 • OCTOBER 5TH 2010 • QN

Throughout my academic career here at McGill Law Ihave found myself pondering ‘why?’ about various facetsof life in our buildings’ walls. For example: Why do the el-evators in the library move so slowly? Why do the mi-crowaves in the caf always have a one centimetre layerof caked in dirt? And why is it that the guy with glasses inthe year below me is always singing a backstreet boyssong when I walk by (I love you Charlie Feldman)?

So I write this column with the intent of fleshing out thewhy of my most recent concern. Before I start though, Iwould like to in invite all the rest of you to follow in mypath and ask ‘Why?’, via the Quid. You can ask the quid:Why are there two sizes of lockers? Or: Why are there somany snails in the library? Send me your questions and Iwill try to answer. Email me at:[email protected]

Question #1: Why am I still hunting down course read-ings into week four of the semester?

Upon starting my schooling at McGill, I expected some-thing somewhat similar to my previous experiences dur-ing my CEGEP, undergrad and Master’s studies.Professors would distribute a syllabus with a listing of as-signed course materials, and in that syllabus would beRequired Course Materials which I could purchase at thebookstore. I would then go to the bookstore with mytrusty credit card, and purchase those said materials.

Problem # 1: At McGill, the Required Course Materialshave not yet arrived at the bookstore.

In L1 (for me that was in 2007), all my first year materialswere available within the first week or so of classes. Hur-ray! Things seemed normal.

By L3, however, I started to observe a disturbing trend.The bookstore had not printed enough copies. Or thosecopies were ordered too late and the McGill printingservices had not yet had a time to print them. Or, theywere sold out, and I had to pre-purchase the coursepackin order for the bookstore to make an order for its print-ing, and then I had to wait several days/weeks, for thatcoursepack to become available. In the meantime, Iwould copy the required readings from my friend’s copy.In the end, I would pay twice for the same readings. Yes.Pain in the butt! (A little side note here: Has anyone elsenoted how rude the bookstore staff can be? More on thissome other time...)

Problem #2: In the Faculty, there may not be a coursep-

ack available for purchase.

But then by L4, a new trend was noticed. Profs in the de-partment stopped creating coursepacks! What??!! Nocoursepacks? Does this mean I have no required read-ings??

To my dismay this was not the case. Instead profs optedto provide a list of readings and told students to searchfor themselves and print what was required. Sounds easyenough doesn’t it?

But in my case, I had three out of my six classes thatused this approach. Sometimes the Prof. would uploadthe required readings onto WebCT, but no date was pro-vided for when the readings were assigned for discussionin class. Sometimes the Prof. would add material at mis-cellaneous times throughout the semester and Iwouldn’t know where the reading fit into the course. Inother cases, the required readings were not available on-line so I had to search for the journal in the stacks. If an-other student in the class had already beat me to thejournal, that reading may be at any location throughoutthe library, maybe near a photocopier (but maybe not).Needless to say this was frustrating.

Problem #3: There is no syllabus.

This semester I also heard about a class where the Prof.didn’t realize they needed to compile a list of readings.What?? Is this what legal education is about? Teach your-self and design your own course readings?

I do give a little leeway on this last case because the Prof.is an outside practitioner, apparently hired at the lastminute, and perhaps wasn’t given full instructions aboutthe faculty’s expectations. (And, I should mention, theProf. is an excellent lecturer! - I should take a momenthere to thank the Faculty for hiring outside practitionersbecause it is always a pleasure getting the different per-spective of someone who practices in the field).

Nevertheless, all this to say, it is clear that my first monthin L4 has been somewhat hectic. And I don’t think I amalone.

Now the problem with the bookstore, I know, is not thefaculty’s fault. Several years ago, the University decidedto move away from hiring Eastman, the company respon-sible for doing all the printing of the coursepacks. Thesedays it is McGill Printing Services who takes care of allthe printing of coursepacks and for some reason theycannot seem to get things together.

I also know that if coursepacks are ordered late, or in too

L a w I V

HELENNOWAK

THE ‘WHY?’ OF MCGILL

LAW SCHOOL

Page 9: octobre | Octoberquid.mcgill.ca/issues/2010-2011/v32no3.pdf · ely publishable.-en ause oo t no uld y open the ed esponse, in turn t he but did so in a eam. y subjec-o fi-e the line

QN • 5 OCTOBRE 2010 • 9

few numbers, they will not be available for students atthe beginning of the semester when they are required tostart doing their readings. Also, if the faculty hires out-side practitioners to teach courses, those outside practi-tioners may not be aware of the requirement to order thereadings early (or at all), and coursepacks may not beavailable anytime within the first month of school. As aresult, to not make students wait to do their readings,they instead opt to ask students to seek out those read-ings for themselves.

But here is my suggestion: Why doesn’t the faculty hire astudent at the measly 12$ faculty rate for undergrads to

do the work for the practitioners so that a coursepack canbe compiled. This student can be hired in the summerand take care of all the preparations way in advance. Notonly would this save students the several hours a weekwe each spend chasing around readings, it would alsogive us more time to prepare the readings before classand actually be engaged in the subject material we are tolearn.

But that’s just my two cents. I’ll be graduating soon andthen I have to start worrying about real life.

Ready to rock? Wish Law School were more like Star Academy?Now is your time to shine!

Law School of Rock is happening mid-November!! Nous avonsréservé le bar pour les étudiants de notre faculté. Venez engrand nombre après Coffeehouse pour une soirée de concertsavec des collègues de la faculté!

Ce sera une soirée pleine de surprises. Nous vous tiendrons in-formés sur Facebook et Notice Board dans les semaines à venir,notamment pour la vente de billets.

EVEN IF YOU DON'T PLAY AN INSTRUMENT, if you want to helpout, give us a shout! Nous avons du matériel (voir le groupe Fa-cebook pour les photos de l'équipement disponible). If you wantto sell tickets, help out with designing the program or anythingelse, contact the Law School of Rock Committee at:

[email protected]

Concernant les prestations musicales (groupe ou solo), informez-nous de vos idées (groupe rock, solo de trombone, beatboxing).Due to time constraints, we have to limit your act to three piecesmax per group/person. We would love to hear you play beforeputting you in the lineup! We will be holding auditions in MID-OCTOBER, and we will also be accepting demo CDs, tapes, linksto myspaces, etc..

Si vous désirez jouer ou chanter lors de l’événement, merci d'in-

former Steven Jegou [email protected] ou Krista Kais-Prial [email protected] avant le 20 Octobre. Si vousêtes à la recherche d'un groupe (ex: je joue de la batterie et jecherche quelqu’un qui joue de la guitare), veuillez informer Ste-ven et Krista. In the meantime, whip out your axe, warm up yourvocal chords and start practicing!!!!

Nous espérons vous voir tous au Law School of Rock – n'oubliezpas vos briquets!

ARE YOU READY FOR LAWSCHOOL OF ROCK?

LAW SCHOOL OF ROCK COMMITTEE

Page 10: octobre | Octoberquid.mcgill.ca/issues/2010-2011/v32no3.pdf · ely publishable.-en ause oo t no uld y open the ed esponse, in turn t he but did so in a eam. y subjec-o fi-e the line

10 • OCTOBER 5TH 2010 • QN

EE

EEYYEESS

WWSSEETTUUHHSS

EEDDIIWWTT

Lunch W aDistheith

Humaethof

at O.h Lethd nity ailbakroWightsRna

NOIRioltforPow aL

ouprGg ink

Humaethof

kroWightsRna

ouprGg ink

WemoC INEID

of N.O

esaelP VRS

y, aesdWednRKAN THE D I nda tt aeg

sitffitor pR'sINO ot lroppus

r 8ebotc O,ydariFy bPVotiamrof inero mroF

13ober t, Ocdlro we thff th otes ta eh tff to

ret sa thnsoticiaoss alcao

8th n e aginnde syb - tilam:itis v,irNo.n Oon o /:ptth

3 0pm)(12:3REDIAPM IYY ILLAUSIV F.

ev ffon iois vhit welpoep

: to [email protected]/mco.rinoo.www//

)ntcere pive F

sso l .

ca.lilcgm.l .

Page 11: octobre | Octoberquid.mcgill.ca/issues/2010-2011/v32no3.pdf · ely publishable.-en ause oo t no uld y open the ed esponse, in turn t he but did so in a eam. y subjec-o fi-e the line

QN • 5 OCTOBRE 2010 • 11

As always, if you see something, say so-mething! [email protected]

1Ls – I need more of you to spy for me.Also, I need someone to take control ofthis section when I’m gone next year…wow that feels weird to write. I’d reallylike this to be a Quid tradition to the ex-tent possible, so holler/holla/challah ifyou have any interest. –Charlie

FACULTY OVERHEARDS

Prof. [Redacted]: Judges have lonely jobs.The only people they get to talk to areother judges. And what do they do whentogether? Gossip about the lawyers whocome before them.

Me. Mitchell: Tell your client… when youcome to Court, maybe don’t wear thejean cut-off shorts… maybe go to Moore’sand get a good suit

at a great price!

Prof. [Redacted]: Not all judges are assmart as others! Not all

judges are smart! Sometimes you can justsee... it’s not going in!

Me. Mitchell: On these articles… eitherI’m writing WHAT?’ or “SO WHAT?” be-side everything…

Me. Mitchell: And then, even though it’s achair we’re going to call it – in law – ‘thetable’ with quotes, and therefore we livein the world where it’s ‘the table’ EVENTHOUGH WE ALL KNOW IT’S A CHAIR!

Prof. Moyse: Astérix… Il échappe sonpetit crouton dans la fondue… Il faut direque la fondue c’est traitre pour ça.

Justice [Redacted]: I don’t know peoplewho consort with bazookas.

Prof. Dedek: That's right, but now you'retaking this pedagogical moment awayfrom me!

Prof. [Redacted]: An un-stuffed sock is nofun to play with!

Prof [Redacted]: Teachers need to publish,get grants, and bacally, keep the studentsfrom complaining.

Prof. Moyse: Vous avez disséqué des gre-nouilles? C'est rigolo, hein?

Prof. [Redacted] : Ooh! Who is sending mea text during class? It’s probably my fa-ther, he’s really into texting these days…

Prof. Klein: I once knew a dog that wastrained to ring a bell every time it had touse the toilet!

Prof. [Redacted]: I would be a terrible wit-ness – I failed to identify the colour of myparents’ car… WHICH THEY HAD FORTWELVE YEARS!

Prof. Gold: I might just like to go pick ap-ples for exercise...my exercise machinebroke."

Prof. [Redacted]: We have to determine ifit was Peter, Paul, or Mary walkingthrough the apple orchard. Although, Ithink one of them died recently…

Prof. [Redacted]: Nothing about child por-nography in the Quid!

Me. Lamed: It's nice when nice people donice things in nice ways for nice reasons!

Prof. [Redacted]: We can deconstructroles all you want, but at some point I'mthe teacher here!

Prof. [Redacted]: I’m going to post this upon the course website… I find that peoplelike when I do that!

Prof. [Redacted]: Suppose I stole the HopeDiamond from the Smithsonian (nobodyreacts) It’s a very expensive diamond!!

Prof. Klein: Isn’t anybody curious whatyou have a privacy right in? Nobody iswondering what s.8 covers? No? Okay,we’ll go back to it later then.

Prof. [Redacted] :It’s an old Jewish manjoke – it sounds much better if you hear itfrom the guy…

Prof. [Redacted]: Sometimes there’s a nicesurprise when you move into a marijuanagrow-up.

Prof. [Redacted]: Canadian courts LOVEtheir three-prong tests!

From Civil Litigation:

Lawyer: Did you use to have a social life?Lots of friends?

Witness: Oh yeah! I had lots offriends...because I was so good at dan-cing!

DROIT À L’IMAGE

I n - H o u s e D i v a

CHARLIEFELDMAN

Page 12: octobre | Octoberquid.mcgill.ca/issues/2010-2011/v32no3.pdf · ely publishable.-en ause oo t no uld y open the ed esponse, in turn t he but did so in a eam. y subjec-o fi-e the line

12 • OCTOBER 5TH 2010 • QN

DROIT À L’IMAGE

I n - H o u s e D i v a

CHARLIEFELDMAN

STUDENT OVERHEARDS

1L: I feel like I should break-up with school- it's cutting into my

drinking time.

2L: I don't think you should use the term'ho' so loosely.

3L: No, she's a ho - she keeps Plan B in thepez dispenser by her bed.

1L: As my dad says, a professor is so-meone who talks in someone else's sleep.

3L: I love the sound of golf – it’s so soo-thing. I feel like I’m in the womb.

3L: I can’t believe I did an OCI with my flydown!

3L: The Catholic Church is the source ofmost evil in the world. [Five minuteslater]. Sometimes, I think after law schoolI should become a priest.

?L: I’m the only one of that group whohasn’t hooked up with someone bornafter 1990.

3L: I would eff the ess out of that baby!

3L: I WOULD GIVE HIM SOME BABIES!SOME ASHY BABIES!

3L: My father joined facebook yesterdayand he didn’t add me as a friend. What isthat!?

2L (male): Size is in your mind.

2L (female): Size is my everything!

Prof: I did my research, did you?

Exchange: Yes, of course!

Prof: What did you find?

Exchange: You first.

Prof: Well, I found the Grant case.

Exchange: I found that as well!

(female) Prof: What did you find outabout it?

Exchange: Well, ladies first…

Prof: Okay then…

L3: This is what happens when exchangeis pass/fail…

4L: Because the case was excerpted, I’mjust wondering what happened at theend?

Prof: Did you read the case?

4L: No… it was excerpted [paraphrased]

Prof: You know when you’re lawyersthey’re not going to excerpt the cases –they’re going to give you the whole thingto read.

4L: Yeah, but they’re going to pay me forthat

Prof: Ahh yes

Other 4L: I have a more relevant ques-tion…

Whole class: Ooooooooooh!

Other 4L [Asks question] Prof [Replies]

Other 4L: I guess that wasn’t such a rele-vant question after all...

3L: But if we were lawyers we would havegotten paid for all of that!

4L: And then… all of a sudden… I saw apenguin screwing a seal!

3L: There are just some people I need toassasinate! Motherf****s need to learnsome G-d damned brevity!

(Before the Malpractice Cup soccer game)

female 3L: What's your position?

male 3L: Ummm.....?

female 3L: What position are you?

male 3L: Oh... umm... I'm a bottom Iguess...

1L: SHE MEANS FOR SOCCER!

More Matteo’s Names…

The contest is on going since I got moresubmissions this week…

So far, the leading suggestion is: THEGREASY GAVEL

Other new contenders:

The gag and puke

Volenti’s (after the well known legalmaxim volenti non fit injuria, and gives it anice Italian ring don’t you think?)

L'Escargot Noyé (Donoghue v Stevensonbut with the proper bilingual spin)

Honey Soy (ie honi soit qui mal y pense,which has the benefit of gesturing simul-taneously to both civil and common lawtraditions and indeed to their shared his-tory)

Thank you to a very special Prof for thethree preceding suggestions :-)

The winner will be announced…. soon. Ifthere’s one thing I learned in Judicial Re-view, it’s wonderful to be a decision-maker with a large grant of discretionarypower. :-) Keep sending votes and sugges-tions to: [email protected]

Other names:

The Lawferteria

The Food Court

The Barrister’s Club

The Oakes Test Café

Basterache’s!

Church

Page 13: octobre | Octoberquid.mcgill.ca/issues/2010-2011/v32no3.pdf · ely publishable.-en ause oo t no uld y open the ed esponse, in turn t he but did so in a eam. y subjec-o fi-e the line

QN • 5 OCTOBRE 2010 • 13

The Tabernacle (Tabarnac for short)

That’s what she said!

Snacks and S%?t!

Escargot

After Matteo’s

A Step Down

The Imposition

The Aftermath

Imperialism-at-its-finest

The Crap-o-teria!

Herpes

The Grundel

McLachlin’s Munchies

Mattwo's

Ibid.

Supra.

Infra.

Transfat.

This week’s feature.

What do I want to write about this week?Last week I went through number onehits from this day in history as I postpo-ned my Legally Blonde: The Musical re-view. Well, I still haven’t written thereview yet, so it’s not happening thisweek (I know, I suck at life). Instead, let’shave some fun with WE GO TOGETHER!

For those of you who I’m friends with onfacebook, yes, I’m copying these fromCaption Clue (but these albums were pos-ted a while ago so you probably don’t re-member). I used some of these atMalpractice Cup for trivia, but figured itwould be fun to put more of these in theQuid. Here we go!

WE GO TOGETHER!

Example: Song from Pinocchio meets LukeSkywalker and co.

Song from Pinocchio = When you wishupon a star

Luke Skywalker and co. = Star Wars

So… the answer is: When you wish upon astar wars!

1998 Steven Spielberg war film with TomHanks about the dude who dated AlanisMorisette (No, not Dave Coulier!)

Elvis (or Whitney Houston) song thatchecks into a place made famous by theEagles

The King of Pop (RIP) becomes an Amercan abstract painter

1997 British film about ... male strippers... that became a musical and later turnedinto a classic film about knights who sayNi! It's just a flesh wound.

Famous Central Park resturant (now clo-sed) that was relocated to a 1996 StephenKing book turned movie with Tom Hanksand Michael Clarke Duncan

LA street turned movie (directed by BillyWilder) turned Andrew Lloyd Webber mu-sical meets a 2004 Green Day anthemthat earned a Record of the Year Grammyin 2006

Silver and black west coast NFL team re-placing Harrison Ford in a 1981 StevenSpielberg film

Cole Porter musical-turned-film that gaveus 'So in Love', 'Too Darn Hot'', and"Brush Up Your Shakespeare" meets amother of eight who was disastrous onDancing with the Stars

Creedence Clearwater Revival song from1969 about Willy and the Poor Boysplaying the Ruby Diner in Dog River, Sask.

Nicholas Sparked novel turned MileyCyrus film about the Disney movie thatgave us Zip-a-Dee-Doo-Dah

Lollipop rapper who was 'Down' ... beforebecoming a Vegas performer singingDanke Schoen

Gene Kelly musical about serenading inbad weather meets a My Fair Lady songabout... speaking about bad weather

Song Helen Reddy sings in the lighthousein Pete's Dragon meeting a classic 1954film that won eight Oscars including BestPicture and Best Actor (Marlon Brando)

Simba in Siam spending time 'Getting toKnow You'

Something B2K would have yelled around2003 to get you to put this in your hair tomake it bigger

SexyBack singer meets a part of Minne-sota that's not connected to the rest ofthe US

1992 film with Tom Cruise, Jack Nicholsonand Demi Moore - now with Will Smithand Tommy Lee Jones!

My name is Inigo Montoya. You killed myfather. Prepare to die. Wait, but, beforeyou do that, watch a movie also known asChild's Play 4 with Jennifer Tilly from 1998

This rock dude from BC whose most re-cent album was called Vancouver teamsup with Robin Williams, Ben Affleck andMatt Damon circa 97/98

TLC show with wayyy too many childrenwho were 'Accidentially in Love' on theShrek 2 soundtrack. (Other hits: Mr.Jones, Big Yellow Taxi)

Earth, wind, fire, and heart join a Charle-ton Heston epic

Nirvana anthem meets Norman Green-baum's biggest hit

Stevie Wonder song about growing up in'hard time Mississippi' before being 'Unin-vited' in a 1998 film with Nicolas Cage andMeg Ryan

Jodie Foster or Clarice's quid pro quo be-comes (well, minus a letter) a PBS showwith the song that never ends!

Page 14: octobre | Octoberquid.mcgill.ca/issues/2010-2011/v32no3.pdf · ely publishable.-en ause oo t no uld y open the ed esponse, in turn t he but did so in a eam. y subjec-o fi-e the line

14 • OCTOBER 5TH 2010 • QN

DROIT À L’IMAGE

I n - H o u s e D i v a

CHARLIEFELDMAN

Patsy Cline's first number 1 hit and acountry classic (Hint: not 'Crazy') becomesJewel's debut album featuring FoolishGames and You Were Meant for Me

Ben Affleck directs Casey Affleck in this2007 film about a missing child who reallywants to be in a 1939 classic film basedon a book by Margaret Mitchell

Queen Elizabeth II and Prince Philip's thatbecomes a book turned film turned film(x3) turned play first written by LucyMaud Montgomery

Bette Davis and Joan Crawford team up inthis film ('I've written a letter to daddy...')about Charlotte Brontë's classic character

John Candy's last movie takes us awayfrom John Steinbeck's masterpiece aboutthe Salinas Valley

Kristen Stewart's Twilight character be-comes a Tchaikovsky ballet

Colleen McCullough novel turned TV se-ries about the Cleary family down underturns into an expression meaning likesticks with like

Novel about Jack Ryan (turned movie withSean Connery) about another moviewhere Jake Gyllenhaal loves rockets inWest Virginia

Polygamist HBO series with Bill Paxtonmeets Gabriel García Márquez's book-tur-ned-movie starring Javier Bardem

Vietnam war chemical soft drink

Roald Dahl work about an oversized fruitthat's a song by the group 112

My favorite movie (if you don't know, itstars Tom Hanks and Meg Ryan) meetsLexi, Meredith, Derek, Alex, Callie, Ari-zona, and Bailey's place of work.

Wouldn't it be lover-ly if this musical andmovie on the street where you live mettwo dogs in Disney love on this bellanotte?

1999 Maryland-filed horror movie (I amso scared!) meets Ms. Klum and makes itwork!

Movie (1954) turned TV series and musi-cal about many siblings getting engagedto a show on ABC Sunday nights starringSally Field and Rob Lowe

Full (first) title of a John Ritter's last showmeets a group of women who trace them-selves back to 1776

1977 Woody Allan film with him as AlvySinger singing Kiss on My List, I Can't Gofor That (No Can Do), and Maneater

What you get when you spend too muchtime on one website - it's a site with manyvideos crossed with a disease that affectsthe lungs

Actress from Blade Runner, Splash, WallStreet, and Kill Bill who is really the alterego of Miley Cyrus

Book about a monkey who starred in Upin the Air and ER

Children series about an oversized caninethat finds people skipping out on bail be-fore he lost his TV show over some racistcomments

Christmas hero and Santa's driver wat-ching a 2000 film with Ben Affleck, GarySinise, and Charlize Theron

Just leave everything to Barbra Streisandin this musical turned former First Lady

The biggest movie of the disco hero(think: Bee Gees) meets a romantic co-medy involving Jimmy Fallon, Drew Barry-more, and the Red Sox

This leaves San Fransisco towards MarinCounty... and was crossed by the priso-ners aboard the USS Pueblo in 1968

Edie Falco show in a hospital settingmixed with an actor who was in both RushHour and Mulan

Timothy Dalton's last time playing JamesBond (1989 - theme song by GladysKnight) meets Harper Lee's Atticus Finch

Gem of a song from Gentlemen PreferBlondes (associated most with MarilynMonroe) meets a person with whom onehas relations but not a formal relationship

Will there be answers next week? Per-haps…. It’s all on facebook for your superstalkers. Or, use Google and Wikipedia –PUT YOUR LEGAL METH SKILLS TOWORK!!! If something’s really stumpingyou: [email protected]

Have a great week!