Queen's Law Life

Congratulations to the Class of 2010!

2007-06-20T18:54:00.000-04:00

I've recently received some emails from students who have been accepted into the Class of 2010. Congrats! For those of you who were accepted into multiple law schools, it is now time to decide which best suits your personality and career goals. (Actually, this is only one of many stages where you will be wondering where you "best match". Every future employer, especially the Bay Street firms, will be asking the same question. "Yes, but do you really fit here?") I won't tell you where to go, but I suggest that you do your research and make an informed choice.

If you are considering Queen's, have a look through my old posts to get a sense of what the school is like. Hopefully this blog is helpful for you. Feel free to shoot me an email with questions about law school or living in Kingston. It's always nice to connect with readers.

Sayonara Kingston

2007-05-03T19:53:00.000-04:00

This past month has been crazy. Another class of Queen's Law grads is about to be unleashed onto the world. Our final set of exams has been written, our final papers have been submitted, our final keggers have been savored, etc.

To an extent, Queen's is undergoing a transformation. Construction of the new "Queen's Centre" is underway and Union Street is closed off. The law school is hiring another batch of new profs. We even have a new "tradition" of first year students jumping into Lake Ontario after their final exams (nice going Class of 08)!

As a proud member of the Class of 07, I will miss Kingston. It's a great town with historic roots and all the amenities. We'll miss the lemon-cinnamon buns of Pan Chancho's, the fresh pasta of Cafe Prego, the amazing desserts from the Sleepless Goat, the bison burgers from Wolfe Island and all the other nooks and crannies only found in Ktown.

We're leaving on holiday for a while but I will be back and write again on the Bar Admissions process. I picked up the material from the Law Society of Upper Canada on Monday (painless) and I've cracked it open. That's all for now ...

"Law school is a pie-eating contest ..."

2007-03-26T19:43:00.000-04:00

The Montreal Gazette published an article about the law schools in Quebec. It seems like the process there is pretty much the same as the process in Ontario.

First, beginning in February, there is a flood of student job applications at the top firms and a ruthless cull to determine who gets an interview and who gets a polite rejection.

Then there are the interviews themselves, which culminate in Call Day - Monday - when the lucky ones are told they have a job.

However, it seems like our articling terms differ.

Starting salaries exceeding $1,100 a week for the six-month stage, hefty signing bonuses, paid tuition for compulsory bar school, and lucrative summer jobs.

Articles on Ontario require a ten-month term(s). Finally, I like the conclusion of this article:

"Law school is a pie-eating contest - and the prize is more pie," [a recruiter] said. Twelve-hour days and 70-hour weeks are not uncommon for articling students. Firms want candidates with the endurance to handle the grind.

I would like to add that although 70-hour weeks/ 7 days a week may not be uncommon, there are articling positions that do not require such long hours. This article may represent one stream of law but there are other options out there. This article does not even mention government positions. Further, articling students in litigation often have spurts of long hours (all-nighters are not uncommon) but they may also work 40 hour weeks when it's slow.

Invest in this blawg

2007-03-21T08:43:00.000-04:00

For kicks, I checked the status of this space on BlogShares.com. At first glance, it was what I expected. The "value" of QLL is about the same as it was the last time I checked (B$6,125). And, due to the recent paucity of posts, I wasn't surprised to see that the value declined from about B$7,300. Then I noticed something usual: someone actually bought shares of this blog!

It turns out that in December, 2006 Canine Distemper bought 1250 shares at B$2.63/share. Am I the only one who finds this amazing? This is not a commercial site, of course. The ads on this space have yet to generate a penny. Yet, someone somewhere sees value in this blawg. I am seriously impressed.

3Ls Looking for Articling Positions Part 2

2007-02-11T20:28:00.000-05:00

(Normally I reply to comments within the comments section, but this one became so long that it deserved a separate post.)

Thanks Lawgurl (nice blog, BTW) and all the others who have shared their insight! I agree: to a certain it is due to programing and cognitive dissonance. My main concern is for the students who say "just for a few years and then I get out." They want to pay off their debt and have the street-cred from working at a big firm, but they have dreams of changing the world for the better. (Incidentally, I was at a cocktail party and I mentioned to a Partner that I was interested in positive social change and she dryly shot back at me, "we don't do that here.")

My concern is that, gradually, the firm culture takes over and the students never realize their dreams. Patrick J. Schiltz wrote a letter to law students chalk full of sound advice (I've added the bold):

After you start practicing law, nothing is likely to influence you more than "the culture or house norms of the agency, department, or firm" in which you work.

No one will tell you, as one lawyer told another in a Charles Addams cartoon, "I admire your honesty and integrity, Wilson, but I have no room for them in my firm." Instead, the culture will pressure you in more subtle ways to replace your values with the system's.

Here is an example of what I mean: During your first month working at the big firm, some senior partner will invite you and the other new associates to a barbeque at his home. This "barbeque" will bear absolutely no relationship to what your father used to do on a Weber grill in your driveway. You will drive up to the senior partner's home in your rusted Escort and park at the end of a long line of Mercedeses and BMWs and sports utility vehicles. ... You and the other lawyers will talk about golf. Or about tennis. After a couple hours, you will walk out the front door, slightly tipsy from the free liquor, and say to yourself, "This is the life."

In this and a thousand other ways, you will absorb big firm culture --a culture of long hours of toil inside the office and short hours of conspicuous consumption outside the office.

This situation, we are told, leads to stress, alcohol and divorce. And, in my view, it starts even before law school begins.

Linking with Quebec

2007-02-10T15:06:00.000-05:00

I have a soft spot for Quebec. As a country, we are truly fortunate to have the culture, language and perspectives from Quebec. Even though I grew up in Alberta, all my classes in elementary school were in French and these language skills have served me well over the years. Even now, I'm very interested in the Quebec civil law system and forging ties with Quebec.

At Queen's, we have an exchange with the University of Sherbrooke. Queen's students can spend one year in Quebec and receive a Civil Law degree and their Quebecois counterparts come here for a Common Law degree. This year, there are 12 students from Sherbrooke studying law in Kingston.

I would also like to mention a sharp blawg from Quebec: Class Action Quebec. It is written by Abraham A. Tachjian, a third year law student at Université de Montréal. It is a professional, well-designed piece of web real estate with a wealth of information on class action lawsuits in Quebec. Thank you Abraham!

In Praise of "Generic" Skills

2007-02-09T14:45:00.000-05:00

A visiting judge recently commented on the "wonderful generic skills" we learn at law student. They allow lawyers to associate with clients from diverse backgrounds, to critically assess myriad issues and to even change professions, if we like. Another point he raised was that after 20 years, we may be bored of what we're doing and, simply as a lawyer, there may be other options available.

In a practical sense, this insight echoes the comment from the previous post: cast a wide net for articling applications. As the student aptly notes, some students become so focused on one area of the law that they can't see themselves doing anything else. They apply for positions only in Construction Law, for example, because that's their passion. And then they end up without any offers.

With all that said, I believe that it all works out. The combination of our so-called "generic" skills, with the motivation that got us into law school will probably lead every law student into a satisfying career. (Getting rich while maintaining high ethical standards, on the other hand, is another kettle of fish.)

3Ls Looking for Articling Positions

2007-02-08T16:34:00.000-05:00

I want to respond to a comment that was made in the previous post in this fresh post because this is an issue that deserves attention. I believe there is a common misperception that all third year students have articling positions lined up. This is simply not the case. In fact, there is a good portion of my class who are still searching. My own theory is that it is the result of 4 factors:

1. firms demand a strong "fit";
2. there are a limited number of positions for a greater number of applicants;
3. some students realize they actually don't want to be a lawyer and they skip the entire Bar Ads/articling process; and,
4. the Bay Street-centric sessions on career building put the onus on students who are interested in other law jobs.

I would like to expand on the second point. As the economy fluctuates, so does the market for new lawyers. I wouldn't say that we're in a recession, but the economy is not red hot. During my summer interviews, I met students (yes, more than one) who graduated in '06 and they were going through the articling interview process for the second time. One student is spending her year prior to articling working on a Master's degree.

I don't believe that firms discriminate against students who fast-track through law school. I imagine that, during the interview, they would be asked, "and what did you do during your free semester?" A good answer could give them a leg up.

Fast-track through Law School

2007-02-07T12:48:00.000-05:00

I wanted to mention one option open to law school students at Queen's that, I don't believe, is only available at Queen's. The option is to fast-track it though law school and finish one semester early. Yes - a 2 1/2 year law school degree. The way to do it is a combination of the summer program in International Law in combination with maximum courseloads for 3 semesters.

At least 4 students in my class has taking this route. So what are they doing during their free (academically-speaking, not financially-speaking) semester?

Student A is studying for the New York Bar Exam. A will be joining a New York firm as a Junior Associate, thus skipping the Ontario articling process.

Student B has a successful business on the side and has interest in foreign languages and travel. B is back to running that business and relaxing (although I don't see much relaxing).

Student C is working in a law-related job. C is still looking for an articling position and now has more time to find it.

Student D is also still looking for an articling position. D is still involved with some clubs on campus.

To a certain extent, I can see the value of finishing the coursework early. It could be a valuable time to apply some of the skills that we're learning.

On the other hand, I would not do it (and didn't). There are so many fascinating courses available in law school - not to mention all the non-academic experiences - that I wouldn't want to forfeit the opportunity to take advantage as much as possible. I could easily fill another semester of interesting courses.

Macs & Low Quality Hardware

2007-02-03T14:34:00.000-05:00

Over the past few years (I’m still amazed that I’ve been writing in this space for years), I have discussed virtues, myths and tips for Macs. Using a Mac at law school won’t put you at any disadvantage. The operating system is super stable. There are many more viruses, worms and nasty bugs that attack Windows. And the biggest myth: Macs are more expensive. As Michael Gartenberg writes (the article is from 2003, yet prices are about the same today):

Though Apple is certainly not a discount brand and will almost never offer the cheapest computers available, Macs are certainly price-competitive with PCs. Users do pay some premium for both the Apple brand and the innovation that goes into the company's often brilliant hardware design, but the premium isn't out of line with what users already pay for name-brand systems from vendors such as Sony, Hewlett-Packard or IBM. In many cases, comparable Apple systems are priced similarly, and in some cases they're even cheaper than the competition.

Anyhow, I’m not here to talk about the virtues of Macs. In fact, I would say that, I am currently not impressed with Mac hardware and reliability. My PowerBook G4 (the same computer that I gushed with praise here) has had every major component fail. Yes, that’s right: everything.

Here’s a rough sequence of events:

Purchased my PowerBook G4: May 2004
Hard Drive failed: June 2005
LCD Display replaced: July 2005
Battery replaced under the Sony recall program: October 2006
Optical Drive failed: December 2006
Logic Board failed: December 2006

Note that I purchased the machine in May, 2004, so all the components failed after the first year. Hence, none of the repairs would have been covered by the complementary warranty. Thankfully, I purchased AppleCare and so all the replacements were covered. (In retrospect, it was money well spent. The $250 for AppleCare paid for $2400+ of service and parts.) Also, I was very fortunate that none of the major components failed during exams.

But I must confess: I can no longer vigorously endorse the purchase of an Apple computer. The components on my laptop should not have failed so quickly in the first place. It seems that their effort to cut costs and compete with the PCs, Apple has sacrificed quality.

Comments

2007-02-02T20:28:00.000-05:00

Thanks to everyone who have left comments on blog. I read everything. I have it set up so that I get an email whenever you post a comment on any post - including the posts from years ago (I can't believe that I've actually been blogging years!).

The truth is: third year is much the same as second. In a way, law school becomes routine. The courses are new and (sometimes) fresh, but I don't use this space to opine on particular areas of the law. The process of reading, briefing cases, learning terminology, identifying legal principles and (doing my best) to piece everything together is much the same. The lifestyle is ... pretty much the same. I suppose there is less pressure to perform and get the best grades in 3rd year, but by this stage it seems like we're studying for content, out of routine, and because we may actually use this material in a professional context. In fact, sometimes in class I think to myself, "yeah, I've dealt with a similar scenario." (Here, I would emphasize the importance of practical experience like legal aid.)

Lastly, third year has many of the same diversions as previous years. For example, my wife and I are about to get ready for a martini party this evening. What better way to motivate myself for (yet another) weekend of writing papers ...

A New Year, My Last Semester

2007-01-12T15:43:00.000-05:00

Apologies for not writing for a long while. I have not abandoned this blog. You may have noticed that I cut many of the add-ons along the side in an attempt to cut the pop-ups that plague this page. Alas, my efforts failed to achieve the goal and Blogger has not responded to my request for help.

I'll post something of substance shortly.

Death of a Law Student

2006-11-28T15:00:00.000-05:00

I came across an article today about Callum Radlow, a 17 year-old law student who was killed outside Glasgow. A Scottish newspaper reported:

British Transport Police said the teenager had been struck by a train.

17 years young. Rest in peace.

...

On an equally unsettling note, the odds of dying in a motor vehicle accident (I'm assuming this includes train accidents) are 1 in 84.

Law Librarian Charge & Rumours

2006-11-04T12:49:00.000-05:00

As noted by þΛųL jØŋαŦhΛŋ in the comments of a previous post, Osgoode Hall's student newspaper recently published an editorial on Nick Pengelley being charged with luring a child. I completely agree with the editors of this publication and I am very glad to see that they choose the high moral road.

I thought it important to remind my fellow students - and in turn obrain their help in remindng others - about the "golden thread" of the criminal justice system that we all learn about in first year: the presumption of innocence.

If you are in a Canadian law school, or a practicing lawyer, you have probably already heard umpteen rumours swirling about the facts of this case. I can confirm that Eddie Greenspan's firm has agreed to represent Mr. Pengelley. Beyond that, I would add my voice to the editors of Obiter Dicta and caution readers not to judge too quickly.

Article: Blogging as a Business Tool

2006-11-02T15:45:00.000-05:00

Lawyer David Petras of Gowlings wrote an article entitled: Used wisely, blogs can be a great business tool. His article was recently published in The Record and it is available on Lexis but (and the reason escapes me) it is not available online. Here are some points that caught my eye:

Since very little computer knowledge is required to blog, employees sometimes aren't as careful as they should before posting thoughts to their own or someone else's blog.

They may make negative comments about their employer or about their employer's customers or partners. At a minimum, this is embarrassing, but it might also diminish the employer's reputation and result in lost business. As well, if an employee makes inappropriate comments about other employees, libel or harassment lawsuits might result.

Very true. I believe this is an emerging area within cyberlaw.

Many companies with Internet and computer-use policies are now adding blog policies.

Generally, a good policy will encourage employees to identify themselves, disclose their connection to the company if blogging about company-related matters, state that they speak for themselves and not the company, avoid disclosure of trade secrets and not discuss customers or suppliers without their prior approval.

The policy should also state that a breach of the policy could result in termination. And it can happen. A Delta Air Lines flight attendant was terminated when her blog, Diary of a Flight Attendant, had pictures of her engaging in inappropriate conduct while in uniform and aboard a Delta plane.

As I have noted previously in this space, other employees have also been fired due to content on their personal blogs. And blogging can be positive ...

But blogging also has its benefits -- and many people think that the business positives outweigh the legal negatives.

Blogging can provide desirable publicity for a company and its products. And it's a different kind of publicity because it allows a more direct connection with its customers.

At Sun Microsystems, for example, the blog policy states:"Many of us at Sun are doing work that could change the world. We need to do a better job of telling the world. As of now, you are encouraged to tell the world about your work, without asking permission first."

Good to keep in mind.

Overheard at Queen's

2006-11-02T11:24:00.000-05:00

Two lower-year guys walking down the hall.

Guy1: When I was a teenager, I used to blow things up!
Guy2: Geez yeah!

There are dozens of Overheard websites out there. Here are a few:

Overheard at Western
Overheard in New York
Overheard Lines (in San Fran)
Overheard at the Mecca (Howard Uni)

I'm still waiting for an "Overheard at Queen's" blog. Or, better yet, "Overheard at Queen's Law".

Poker & Law School

2006-10-29T14:29:00.000-05:00

Before I came to law school, I couldn't tell you the difference between a flush and a straight. Now, as a law school student, I would almost feel guilty graduating without a limited proficiency playing poker. For some reason, poker and law school go very well together - go together like a horse and carriage.

At Queen's, there are umpteen poker nights going on at any given time. One group has a mailing list with about 25 students - almost an equal mix of men and women. I was reading a headline recently of a Florida law student with 2006 poker winnings of over $650,000US. Vanessa Rousso is in a long line of law-school-students-turned-professional-poker-players. It has become so big that Harvard Law School actually had a forum on the subject.

Poker players and lawyers gathered around a table last night—sans cards—to discuss everything from legal issues to card strategy in a forum on poker held at Harvard Law School (HLS).

Adam M. Burrows, a second-year HLS student who organized the event, said the forum confirmed his hypothesis that there is a connection between the law profession and poker.

“I think it’s interesting how a lot of the players you hear about recently are lawyers,” he said. “Somehow I think there’s a tie between poker and legal professionals.”

Indeed.

Law librarian charged with luring 12-year-old

2006-10-24T16:58:00.000-04:00

The Toronto Star reported recently:

The man, who is the chief law librarian at the university, is alleged to have had a number of sexually explicit conversations in an online chat room with an undercover police officer who was posing as a 12-year-old girl, police said.
...
Nicholas Pengelley, 45, of Toronto faces one count of luring a child.

Last year, Mr. Pengelley moved from his position as Chief Law Librarian at Queen's to Chief Law Librarian at Osgoode Hall Law Library.

Also, Peel Regional Police have released a photo.

For law school, how old is too old?

2006-10-23T12:16:00.000-04:00

If you ever wondered if you were too old to go to law school, in Australia a 91-year-old man just finished his LL.B. Way to go!

In a society where so much money is spent on post-secondary education (though less, per capita, than before), I wonder if there should be a limit for the "career" or "perennial" students. Should we, as a society, say at some point, "we've spent enough tax dollars on your education" or should we let individuals spend years and years, seemingly aimless, taking university courses?

I'm thinking of 3 people in particular. The first guy was the 12th year of his B.A. He was actively involved in student politics, the student newspaper and many clubs. He was almost a legend on campus - a living memory of failed student by-laws and fizzled scandals. When I graduated, he was still going strong. I have so idea how many years he stayed on campus. In his case, I wonder if a career councillor should have sat down with him and explored his options.

Another student was in her 10th year of studies. She started in Engineering, moved to Computer Science, then meandered to the General Sciences, the Arts and finally Women's Studies. The government "forgave" about half of her student debt load. She made it out. Last I heard, she was happy working for a Not-For-Profit organization.

My last example of a "career" student is a former Philosophy Professor. The last time I read his bio, I didn't recognize half the degrees/diplomas he had earned over the course of his life. I can tell you that he has at least 3 Master's degrees and a PhD. When I knew him, he was close to retirement and working on his second PhD - the consummate perennial learner.

I think law attracts perennial students. Even after we leave good ol' law school, we must continue to do research and stay on top of the game.

A Unanimous Court & Mukade

2006-10-21T11:49:00.000-04:00

In class, a professor was talking about the "horse trading" that goes on at the Supreme Court to get a majority. One judge may have strong views on one point, but may have to concede the point to sway the other justices and win the day.

My professor compared a unanimous court decision to a three-legged race with 9 people. It reminded me of a Japanese game: Mukade (shown on the left). The students have to stay in synch otherwise the whole line collapses and the students tumble to the ground. If you look carefully, you'll notice that their ankles are bound and tied together.

I wonder if members of The Court ever feel as though their hands are tied together when they agree to form an opinion of 9.

ShoutOut: Pointless Conundrum

2006-10-20T11:03:00.000-04:00

I came across a wonderful blawg the other day: Pointless Conundrum. Umera writes about her life growing up in Karachi, Pakistan, her thoughts on issues that affects Muslims (and us all), and about her life now, back in law school. Here's a nice passage:

I remember the day Zia-ul-Haq passed, I think my parents were watching TV and I was playing with my cousins when the TV service was interrupted to announce that the plane carrying the President has been blown. There was a sense of shock, bewilderment and joy in the city, telephone calls were made and people were not sure what the whole thing meant. Everybody knew that life as we knew it in Karachi would change; however, nobody was quite sure what that change would mean or contain. The life in Karachi did change; however, for me it meant a change for good.

In case your Pakistani history needs to be refreshed (like mine), "Zia-ul-Haq" refers to General Muhammad Zia-ul-Haq. He came to power in 1988 and ruled Pakistan for 11 years. According to wikipedia, he is largely responsible for enforcing strict Islamic Law on the country.

Review: Irwin Law's Digital Editions

2006-10-19T09:56:00.000-04:00

Full disclosure: Irwin Law provided me with a free digital copy of The Law of Evidence for writing a review.

Overview

Welcome to the digital age of law school textbooks. Irwin Law Inc., one of Canada's youngest and most innovative publishers, recently launched digital editions of many of its legal texts. They are very easy to download and read. The price of a digital copy is the same as buying the print edition and, unfortunately, if you own a print copy, Irwin Law does not offer any discount on the digital version (yet). That said, the digital editions are portable, searchable, and easy to use.

Getting Started

1. Buy a book through Irwin Law and save your Redemption Code
2. Download and install VitalSource Bookshelf - a program that has been described as "iTunes for eBooks". Kudos to Irwin Law for choosing an innovative, adaptable, and Mac-friendly interface for its content. They recently released version 4.1.
3. Follow the instructions from VitalSource.
4. When prompted, type in your Redemption Code and download your book.

After that, it is permanently on your computer's hard drive and you can access it anywhere, anytime.

Pros

The content is excellent and reasonably up-to-date (4th edition was published Aug 05). If you haven't already discovered the Irwin Law series, check it out. Here's a story: I met a Queen's grad who was clerking at the Federal Court of Appeal and I pointed out an entire shelf of Irwin Law series textbooks in his cubicle. "That's what got me through law school", he claimed. It worked pretty well for him, I'd say.
Searchable. VitalSource includes a powerful search bar that highlights the search term. It can also search through multiple volumes at the same time.
Portable. If you have your computer, you can access your text.
Highlighting. VitalSource offers 4 colours of highlighting. It suggests colours for "exam", "important", "need clarification" and "unimportant". Personally, I just use 3 colours of highlighting for: "rules", "cases mentioned in class", "need clarification" and "key point".
Notes. Under the "notes" heading within VitalSource, all your highlighting pops out within the navigation sidebar.
Interface. Many aspects of the interface are easily customizable, including the layout, navigation bar, font, and column width.

Cons

Price. It is hard to justify the price if you're already bought a hard/softcover book. The only discount available is if you buy 2 or more, then you get 10% off. In the past, the Irwin Law series used to be available for free for law students through Quicklaw, but they removed their content. Now, if you try to access the texts, you get:

The database selected is not available to you under your contract with Quicklaw.

Hyperlinks. The beauty of digital is that the terms and cases could easily be cross-referenced. These texts could be as clickable as wikipedia. For example, terms like "conscriptive" could be linked throughout the text. It is possible to link to case law databases, but I believe this feature could be dramatically improved.

Irwin Law is known for innovative products. Compared to other law school texts, the Irwin Law series is reasonably priced and it is great to see them expanding into digital editions. Hopefully other publishers will follow suit.

Blogging & Garth Turner's suspension

2006-10-18T13:57:00.000-04:00

Today's news: MP Garth Turner has been suspended from the Tory Caucus. Why? In part, because of his blog.

a motion passed citing "confidentiality concerns" on his often-controversial daily blog

I tried to access his blog but, alas, it's down:

Forbidden
You don't have permission to access /weblog/ on this server.

Either Garth Turner's new online fame has caused his server to crash, or he took it down himself. I'm hoping he didn't take it down. I can't judge his site based on the content available but I would hope that he writes what he honestly believes and he adheres to confidentiality agreements. Here's a screenshot that I snatched off Google's cache.

I'm not a reader of his blog, but I support the idea of politicians who blog. Government, as the law, is shrouded in mystery and it is largely inaccessible to unsophisticated citizens. It seems like every new administration that comes into power talks about accountability and transparency while they're in campaign mode, then, suddenly, they stop when they're elected.

If elected government officials can use blogs to help inform and educate the public, then we should give them a pat on the back. If, on the other hand, they're using their blogs as a personal soapbox to rant, reveal secrets and breach confidentiality, then they should be held accountable.

The True Corporate Lawyer

2006-10-17T17:40:00.000-04:00

I've given this topic a lot of thought: what is the role of the lawyer in business? Where exactly is the nexus between business and the law? At what point is Corporate Counsel acting as CLO and at what point is he acting as CFO? It's a topic rife with questions of ethics, psychology, politics and economics. It's also a topic that partially steers the legal profession.

It seems like as soon as law students get settled, we start to wonder about working on Bay Street and fitting into corporate culture. We can't help it. Orientation is full of free (and cheap) goodies branded with the logos of competing Bay Street firms. After a couple months, a Career Service Officer joins our class to explain the OCI process - in great detail - so we don't miss any deadlines. We can attend resume sessions and mock interviews to give us the best chance of "success". For law schools, it makes practical long-term sense. Only wealthy alumni can give large donations.

The buzz around OCIs is fueled by peer pressure, competition, and the rush of adrenaline. Even if you're not interested in the OCI process prior to law school, it's hard not to get sucked in. The money is enticing. In some ways it is literally the pot of gold at the end of the rainbow. And, if you have any doubts, you can do it for a year just for the experience. The prestige of having worked at a "seven sisters" firm opens doors.

Some students dismiss the idea quickly and courageously, without turning back. Others reluctantly part with the notion after a mountain of rejection letters and sometimes tears. Then there are the "successful" students who reluctantly sign on the dotted line wondering the truth of the adage, "The master's tools will never dismantle the master's house". Finally, there are those who whole-heartedly and unquestionably embrace to role of The True Corporate Lawyer.

But what is the role of The True Corporate Lawyer? Where do lawyers fit within corporations anyhow? Back in 1984, Paul M. Moore provided one answer: "corporate lawyers are the guys who provide the grease that keeps the companies carrying on business." (Lawyers by Jack Batten at 71) Is this still the case?

I'm going to end on that note. I'll pick up my thoughts on another day. By the way, good luck to all the students attending second interviews. Here's a bit of advice from John A. Tory:

A person charged with a criminal offence doesn't have to like his lawyer. He just wants somebody who's going to do something to get him off. But in corporate law there's so much give and take, back and forth, exchange of ideas, intimacy, and so on, that lawyers and clients have to get along. That's what I looked for in students and juniors, all-round types who showed the potential to hit it off with company presidents and corporate executives.

Perhaps, then, the Chinese at Xiamen University have the right idea.

Study at the Castle & Give Blood

2006-10-16T20:54:00.000-04:00

FYI: If you have studied law at Herstmonceux Castle, it should not affect your eligibility to donate blood.

In 2005, Canadian Blood Services changed the rules. Before, all donors were disqualified - for life - if they spent 3 or more months, cumulatively, in the UK or France due to the risk of Creutzfeldt-Jakob Disease contaminating the blood. When I got back from the castle in July, 2005, I thought that I would never be able to donate again! Thankfully, they amended the rule:

People are not eligible to donate blood or plasma if they have spent a cumulative total of three months or more in the United Kingdom (U.K.) between 1980, and 1996, or if they have spent a cumulative total of three months or more in France between 1980, and 1996, or if they have spent a cumulative total of five years or more in Western Europe outside the U.K. or France since 1980. In addition, people are not eligible to donate blood or plasma if they have had a blood transfusion or have received medical treatment with a product made from blood in the U.K., France or Western Europe since 1980.

Basically, the time spent at the castle shouldn't affect your eligibility to donate. Occasionally, blood drives are organized on campus at Queen's. If you can't wait until the next one (eligible donors can donate every 56 days), visit the CBS's permanent location in Kingston at 797 Princess Street.

Interestingly, according to a CBS nurse, UK authorities do not accept blood from donors who have spent time in Toronto due to the risk of avian flu contamination.

Prof: "Go ahead, record away!"

2006-10-12T12:43:00.000-04:00

In class, we recently covered the topic of search & seizure. This topic has been quite hot in the US with "President George W. Bush's domestic eavesdropping program". At Queen's, law professors last year had a lengthy debate about students recording lectures. Some professors were adamantly for it, others were adamantly against.

Professor Stuart, with reference to case law and statute, says: "Go ahead, record away!" (quoted with permission) He notes that lectures given in class are not "private communications" so they are not covered by legislation. Personally, I would respect professors' wishes not to be recorded and I would certainly record for personal use only.

For Mac users, it is very easy to record lectures. Office for Mac comes with a feature "Audio Notes" that can record while you're taking notes. The program saves the audio as well as what is being typed at the time of the recording. For example, if the student misses a point, he or she can click on the note later on and listen to that point within the lecture. It can be a very useful feature. As far as I'm aware, it is not available for the Windows version of Office.

LawNerds.com notes:

Many first year students record the professor's lectures on tape. This can be a good way to pick things you missed the first time through. One downside, however, is that in the Socratic dialogue, it may be difficult for the tape recorder to pick up both the student's and the professor's voice. You may get only half of the conversation. Furthermore, most students find that they don't have time to listen to the tapes. One alternative is to listen to the tapes while exercising or commuting.

I remember in first year, some students recorded lectures but not many. It may be more prevalent in the US.

For some subjects, it would make sense for lectures to be available in an audio file. Some law schools, such as the University of Chicago and Washington College of Law, provide podcasts to download, but not lectures. The University of Edinburgh is currently working on providing audio lectures for its LL.M. students.

Happy Thanksgiving!

2006-10-09T15:25:00.000-04:00

Thanks to Barry Wallis for the fun photo.

Countdown to OCIs

2006-10-07T00:55:00.000-04:00

The Class of 08 is on the brink of on-campus interviews (OCIs). The name is actually quite funny because the interviews are held downtown at the Four Points Sheraton Hotel. Maybe they can just change the name to off-campus interviews, keep the acronym, and no one will be the wiser.

Almost exactly a year ago, I went through OCIs. Here's a link to the post. And here's an excerpt:

For the Class of ’08 (and ’09, etc): I’ve compiled a list of questions that were asked during the day from my own interviews and from the interviews of others. I’ve also included some questions that I heard were asked to students last round. I hope it will help you prepare.

What do you think of the trinkets that firms are giving out today?
(follow up) Will they influence your decision?
Why did you decide to come to law school?
Tell us about your undergraduate thesis paper.
What is the one thing you would like us to know about you?
What courses are you planning to take?
What does “the rule of law” mean to you?
When is it justified to break the law?
Tell us about a significant case.
Which branch of our firm appeals to you?
How does morality play into the law?
If you could amend the Charter, what would you change?
Tell us a funny story.
Where do you see yourself in 5 years?
Are you sure you want to be in Toronto?
What's the toughest question you've had so far and how did you respond?
How do you prioritize your time?
When did you realize you wanted to go to law school?
And what do you think about that?
Tell us about the paper you wrote for this essay competition. (points to resume)
What prize did you win?
What is the number one quality that will make you a good lawyer?
What questions were you expecting but not asked?

Please note that I had interviews with the government and private firms. Some of the questions, like "What does 'the rule of law' mean to you?" are from government and you shouldn't expect these types of questions from the firms.

Also, PLEASE do not be disheartened if you do not get a job through OCIs. In my class, I believe about 30% - 35% of the class got jobs. This means that 65% - 70% did not (and many didn't apply or, they didn't send out many applications). Every year some students skip class because they don't want to be known for not getting interviews (or second interviews). Hold your head up. I'm confident that everyone will find their niche.

Do your best!

I've been syndicated!

2006-10-06T13:43:00.000-04:00

The new and improved Ultra Vires has a great addition: Syndicated Blogs. They're still working out the kinks (apparently, Blogger uses unusual html so only the titles of my posts appear) but so far, it looks great.

IRB Sex Scandal & Patronage Appointments

2006-10-04T12:58:00.000-04:00

Member Steve Ellis is no stranger to the limelight. From 1991 to 1997, he served as a Toronto City Councillor and was known for his fights and his antics.

He opposed smoking restrictions, island airport expansion plans and bicycle lanes on College Street.
On one memorable occasion he had to be dragged out of Metro Hall after lying on the carpet in an apparent protest against the proposed market-value assessment.

Now, he will also be known for propositioning a Korean woman and abusing his power as a Member of the Immigration and Refugee Board. (How appropriate that the British singer, Steve Ellis, is part of a band called "Love Affair".)

In the audio recording, Ellis suggests he can approve her application if she has an affair with him, but warned Kim not to tell her boyfriend.

"He might try to make trouble and say, `Oh yeah, this guy she fucked was a judge. She fucked him and that's why she is fucking him and that's why he said yes'," Ellis said.

There have been many articles over the last couple days about the shock, his suspension, the sex, and the aftermath. I'm mostly interested in 2 things:

First, will the government review the patronage appointment process and (finally) implement a systerm whereby IRB Members are selected based on professional qualifications?

Member Ellis was actually more qualified than most. He has an LL.B. and practiced as a personal injury lawyer. In 2000, he was appointed to the IRB by the Liberal Government as a patronage appointment. I've met him. He knows the ins and outs of the IRB. He has been described by Immigration lawyers as "fairly popular."

Notwithstanding Member Ellis' qualifications, the patronage appointment process is flawed. As part of its mandate for "an open and accountable government", I hope the Conservatives see this scandal as an chance to fix the system.

Immigration Minister Monte Solberg pledged change for the process. We'll have to see if he follows through.

Second, will this affect the fight for Reverse-Order Questioning within the IRB Hearing process?

Member Ellis championed this worthwhile change and the issues remains unsettled. For more information, check out this article, on page 3, "Reverse-order questioning at the RPD—the latest word." (I try to keep my views on esoteric points of law at a minimum for this space.) For Member Steve Ellis' views, check out this immigration case where he is cited at length.

Blog Shout Out: Precedent

2006-10-02T20:14:00.000-04:00

I was recently poking around the Net to see if there are any new Canadian law student blawgs out there. I try to keep a comprehensive list on the right side (if you know of a blawg that isn't mentioned, please let me know). I came across this blog: Precedent: The New Rules of Law and Style by the founder of Ultra Vires, the UofT Law student newspaper. She's not a law student anymore, but her topics are fresh and style is hip.

Some of her recent posts include:

A history of the yellow legal pad
Moretolaw.com: for lawyers in search of a life
The Style File: Answers to your fashion questions
Government cuts legal programs Dating lawyers
Businessbib gives new meaning to business casual (This is hilarious!)

Check it out.

On Cheating – More Afterthoughts

2006-10-01T23:01:00.000-04:00

OK - this is my last post on this topic ... at least for near future.

I was reminded of the UofT cheating fiasco in 2001 where 25 to 30 first year law students (depending on the report) falsified their grades to get plum Bay Street jobs. After the news broke, the administration gave them a slap on the wrist and blamed a prof for misleading the students. Then, after media caught wind of the punishment, they were forced to come down harder on the students.

I worked with a UofT student over the summer. According to him, even after 5 years, incoming law students hear about this fiasco and learn all the gruesome details. This site has some of the articles. (I’m assuming these are accurate reproductions.) Here are the headlines:

The U of T Law School Scandal: It's More Common Than You May Think
U of T marks scandal: Are market pressures forcing students to lie?
Cheating spotlights law school's culture

The problems are not exclusive to UofT. In 2004, there was another scandal with the Bar Admissions Course involving 13 students in Ontario.

"Hey guys, here's the motion," said one e-mail.
"Mine looks just like everybody else's. think I should change it more?" read another.
"Make sure to make some cosmetic changes so that things do not seem too similar," yet another said.

I wonder if Ontario law schools reaction (or, for the most part, lack of reaction) was adequate to these scandals. For example, Western Law implemented a mandatory course on Legal Ethics and Professionalism for first-year students - but it is the only mandatory course of its nature in Ontario (a similar program exists at Dalhousie Law). First-year UofT students have mandatory legal ethics training as part of their skills program but it is only a small part of the course. At Queen's, most students graduate without taking a course on the subject. They will have a chance to grapple with some of the issues during the LSUC's Bar Admissions Course during the section on Professionalism.

Is the problem truly systemic? Frankly, I don't see a cheating culture at Queen's. Sure, the pressure is intense; law school is very competitive. In the Class of 08, for example, six students dropped out by the end of the first semester. But I hope that the supportive, friendly atmosphere within Queen's law school (students and faculty) is enough to keep students on the moral high road.

On Cheating – Afterthoughts

2006-09-29T19:13:00.000-04:00

Last night I stumbled upon, yet another, TV show focused on a stereotypical, unscrupulous lawyer. The show is called Shark.

A group of young prosecutors are about to have the learning experience of a lifetime because, though Stark is seeking to redeem himself, he has no intention of cooling his underhanded approach to cases…

The devilish lawyer, played by James Woods, uses his "trickery" and "underhanded approach" as a prosecutor because, as the story goes, he has seen the light. He hasn't "seen the light" in the sense that he will shed his immoral ways. No, he has "seen the light" because he will use his so-called skills to put accused individuals behind bars. So that's OK.

In last night’s episode, his young, slick disciples try to mimic his tactics, but they get caught. The judge is not impressed. And how does this senior, experienced lawyer react?

Stark: I’m not angry with your conduct. Next time, don’t get caught.

Hear that? What wonderful words of advice from a mentor to a group of young lawyers. I can almost feel the embers of another Enron catching fire - Hollywood style.

On Cheating

2006-09-28T15:06:00.000-04:00

A couple things recently got me thinking about cheating and plagiarism in law school. First, I came across a Reuters article about cheaters. According to the article, a recent survey of 5300 students in the US and Canada found that 45% of law students admitted to cheating. 45%! Furthermore, the nameless journalist (although, I'm not one to criticism him or her on this point) quotes Donald McCabe, a Rutgers University professor as saying that:

[I]t's likely that more students cheat than admit to it.

Okay. So what do they mean by "cheating"? The survey defined "cheating" as including:

(a) copying the work of other students,
(b) plagiarizing, and
(c) bringing prohibited notes into exams.

I have to admit, I have a hard time believing that the number is so high. Each one of these three is very serious. I would be surprised if a student were merely borrowing notes from another student and misunderstood it to be "cheating". One comment sheds some light on why the students are cheating:

[B]usiness school students described cheating as a necessary measure and the sort of practice they'd likely need to succeed in the professional world.

And law school students need to cheat to refine the skills that they will need to succeed on Bay Street?

Second, the Assistant Dean sent out an email over the listserv reminding us about Queen's University's Code of Conduct. Sometimes I like to believe that law school students do not need to be reminded of things like:

The following conduct is unacceptable and constitutes an offence within the University community:
...
(e) all forms of academic dishonesty such as plagiarism, cheating, furnishing false information to the University, forgery, misuse of university documents.

Do law students need to be reminded of such things? Yes, it seems like we do. Let me share a story.

Last year, I took Legal Ethics (great course, BTW). In one of the first classes, my professor reminded us that plagiarism was forbidden. He wanted to make sure that we understood because the previous class he taught, a student actually plagiarized an entire paper (for Legal Ethics!) and handed it in. My professor was forced to give this student an "F". Personally, I think the student got off easy. So we were forewarned. After the course, I was looking at the grade distribution and I noticed that, again, one student got an "F". I can't confirm that another student plagiarized a paper, but our professor did say, during his mini lecture, that he couldn't see another reason to give a student an "F".

In Randy Cohen's book The Good, the Bad & the Difference: How to Tell the Right From Wrong in Everyday Situations, he has a nice take on cheating and plagiarism:

As unlikely as it may seem, a paper is not merely a dreary obligation to be discharged but a chance to learn, and that's what your pro is trying to get you to do. (page 219)

While I'm on the topic (and I hope I'm not on a soapbox here), we read an insightful article in Legal Ethics on what to expect as a Bay Street lawyer: On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession. You may be able to find it here, QL or WL. Take the article with a grain of salt. It is simply one lawyer's experience.

Location, location, location

2006-09-26T13:23:00.000-04:00

When my wife and I came to Kingston to look for an apartment, we made a choice. (I'm slowly getting used to referring to her as my "wife" - it feels good.) After we boiled down the options, we had a choice between a larger apartment in a residencial neighbourhood or a smaller place downtown. We chose downtown and we couldn't be happier.

We live above a coffee shop, a stone's throw from the water. My route to class includes the farmer's market (on Tuesdays and Thursdays), a statue of Sir John A. MacDonald, beautiful parks, and the courthouse. I'm looking forward to the next 7 months - especially with the turning of the leaves. Kingston is full of historic little gems. Real estate agents know what they're talking about: location is key.

Macs in the classroom

2006-09-22T09:33:00.000-04:00

During class yesterday, I was looking around and I couldn't help noticing how many Macs were in the room. I did a quick count:

PCs: 29
Macs: 12

Wow - that's almost a 1/3 of all the laptops!

In fact, Apple may be the most popular brand in the classroom. On a second count, I noticed, 9 Dell, 10 Toshibas, a few Sonys, a few Thinkpads and some other brands. I can't be sure however, because PCs all look the same. :)

In first year, I counted only a few Macs in a similar-sized class and slowly the numbers are going up. There have been some headlines on digg about Macs (or rather Mac OS) increasing their marketshare and decreasing their marketshare. A survey of two classrooms in one law school is hardly scientific, but from where I sit, Macs are hot.

To Moot Or Not To Moot

2006-09-21T15:06:00.000-04:00

Today and tomorrow are the tryouts for the moot teams at Queen's. I remember when I tried out last year (and the year before). I had no idea what I was doing but I managed to get in on my secound try. I can honestly say that mooting was one of the most rewarding experiences at law school. If you have any questions about the process, this (brand new!) FAQ page may help. Good luck to all!

In 3rd year, they bore you?

2006-09-20T19:44:00.000-04:00

Most of you have probably heard of this pithy adage:

In first year they scare you to death.
In second year they work you to death.
In third year they bore you to death.

I remember (way back when) reading about the number of suicides in law school. Articles in the news described students who hadn't performed up to their academic standards (or those their parents') and took their own lives. It made me think. It was one of the reasons why I came to Queen's - a law school that is known for its collegial atmosphere. Now, as a 3L, I can confirm that the student body at Queen's is amazing. What a great, supportive group of individuals.

As a 3L, aren't I supposed to be bored to death? Thus far, I can't say that I have been bored. I have a presentation coming up this Friday and I am feeling the stress. Where is the boredom "they" promised? I suppose I should blame my experience. I have been thoroughly indoctrinated with the notion that I should do my best on whatever I do.

My articling position is secure. Unless I decide to pursue an LL.M. or other graduate work in the future, my grades this year shouldn't be very important. Yet, here I am, focused on my presentation. Maybe I'll be bored next semester.

I, Google

2006-09-14T17:06:00.000-04:00

I have a confession: I'm a long-time Google junkie. You name it, I've tried it: for blogging (of course - now improved), for mail, for photos, for organizing my life, for organizing my PC (Macs have spotlight which is, arguably, even better than Google), for word processing, for my homepage ("IG" actually stands for "I, Google"), for virtual travel, and other things.

With a few exceptions, I have been impressed by the results, the speed and the simplicity of Google's tools. In addition, I have come to appreciate their outside-the-box approach to business and their sense of humour. Google's success story has been told over and over.

Addiction 01: Search

In my undergraduate days, I taught a course for new students on how to effectively use the "World Wide Web" and, of course, I covered search engines. At that time, Google was the new kid on the block and it was competing with so-called "metacrawlers" and the like. (BTW, here's a classic video from the CBC reporting about "Internet".) Now, Google has overtaken all their competitors and it is by far the #1 search engine on the planet - you can even search from your cell phone.

Addiction 02: Mail

When Google launched Gmail in 2004, I happened to know someone working at Google and managed to get one of the first invitations. At the time, I felt like a lucky golden ticket winner heading to Willy Wonka's chocolate factory. When it launched, each user was allotted 1GB of space - 250 times more space than was offered by Yahoo or Hotmail - but 1GB is not so large compared with the +2.7 GB offered today. (Lycos recently released a new email service with even more space, but the GUI is not nearly as functional as Gmail.)

Addiction 03: Business Model

OK, this is not so much of an addition, per se, and more of a I-can-justify-my-addictions-becuase-they-have-such-an-innovative-business-model.

The "don't be evil" model has received much media attention, both negative and positive. One version of the story states that the mantra was written on the whiteboard prior to a meeting with marketing team. I also really appreciate the initial Dutch Auction IPO when Google went public a couple years ago. I'm actually surprised more companies haven't followed suit.

Addiction 04: Calendar

When Google's new calendar site was released publicly in April, I was literally jumping up and down (my wife thought we had won the lottery or something). The ability to quickly add events from mail is brilliant. The users of Digg regularly report new features and ways to use Google Calendar more efficiently.

My only quibble with Google Calendar is that they provide free SMS reminders to cell phones in the US but not in Canada. I'm waiting for these amazing SMS reminders to expand to Canadian cell phone providers. Hopefully that will be soon.

Addiction 05: Homepage

IG or "I, Google" is my homepage - a have completely customized page with modules galor. I would recommend the weather module, a webcam, Gmail, Gcal, news modules (depending on interests) and a couple fun modules.

Addiction 05: News

I'm a news junkie and Google News is the first place I go. Using AJAX and Web 2.0 technology, the page is completely customizable by region, search terms (for example: "law student" -tv), and # of stories. It is not infallible but a good place to start the day. True to their business model, I believe they try to be fair (although they still have some ways to go).

(Former) Addiction 06: Maps

Google Maps was the first place I went to ... until Yahoo Maps Beta. Yahoo saw what Google did well, added some great features, and put together a great product. Maybe Google Maps 2.0 will bring me back.

One of the great things that has come out of Google Maps are the mashups like Beer Hunter. Looking for a 2-4 of beer for Homecoming? Beer Hunter can help you out. Of course, party safe.

So what's behind Google's success anyhow? In a NY Times article, he postulated that:

The Miracle of Google = youth + freedom + equality + bottom-up innovation + user focus + don't be evil

Just Married! (And other adventures)

2006-09-12T06:23:00.000-04:00

What a month! What a crazy, life-changing month. Since I last posted, I have accepted an offer for an articling position, tied up all loose ends at work (and briefed the incoming lawyer who took over my files), moved into a downtown apartment in Kingston, and tied the proverbial knot in Tofino, BC.

I am pleased - no, absolutely, over-the-moon thrilled - to share with you that my fiancee is now my wife. If you have been following the news over the last few weeks, you may be aware that Tofino has been going through a bizarre crisis: the rainforest town ran out of water. Of all our Plan B contingencies, we never would have expected a water shortage leading to a potential evacuation of the town. Thankfully, just in time, the evacuation was averted and we had a beautiful wedding ceremony on the beach. (If I have time, I'll post a pic of my black velvet flip-flops and other wedding stories later.)

And in other news ... yes, I accepted an offer to article with a mid-size firm on Bay Street. Again, I am absolutely thrilled to start my legal career at the firm. From the moment I walked in, I felt like it was perfect fit. I will try to post more about the end of the whole process later. In the meantime, let me just say that I have a renewed confidence that things work out. I have many intelligent, skilled friends who are still looking for articling positions but I have no doubt that everyone will find his or her niche.

An intelligent, gorgeous wife, a fresh semester, an articling position on the horizon ... life is great. Rollin, rollin, rollin...

New Suits

2006-08-03T10:08:00.000-04:00

Call Day

Call day has come and gone. It went pretty much as expected. Starting at 7:59am (by my clock), by phone started to ring. Each call was swift and to the point. During a hectic half an hour, I filled all my slots for Monday, Tuesday and Wednesday. And then, suddenly, after my last slot was scheduled, the calls stopped. It was perfect ... and bit eerie.

Planning

There was very little time between calls so I was glad to have everything well laid out beforehand. I had received a few letters letting me know that certain firms/gov agencies were going to call but the vast majority of potential employers were still unknown. To ensure minimal travel time, I created a huge map and cross referenced it with an alphabetical list. The system worked really well. The real planning starts now.

Suits and Ties

Interview days are looming on the horizon and I need a new suit. There are currently 3 pages of posts on LawBuzz about "What to wear for articling" and I have been reading the thread with interest. I wonder how long it takes for Maxwell's to tailor and send a new shirt...

Profile: Dugald Christie

2006-08-01T14:47:00.000-04:00

I regret to report that this profile is being written posthumously. Dugald Christie was killed yesterday riding his bicycle across Canada to raise awareness of the barriers to justice of low-income (and no-income) individuals. He was cycling along the Trans-Canada highway when he was struck by a van near Sault Ste. Marie.

According the CBC article, B.C. legal crusader killed in cycling accident, Mr. Christie has long advocated for "equal access to the legal system, regardless of a person's income." He has contributed to the non-profit organization Western Canada Access to Justice. Currently, their main page includes the headline: WE WIN BIG TIME! The site outlines the long-standing fight between Mr. Christie and other lawyers against the Attorney General of BC. In short, the B.C. Supreme Court agreed with Mr. Christie that the provincial sales tax imposed on lawyers' fees by the Clark government was unconstitutional.

Mr. Christie dedicated his life to establishing a legal system that is available for everyone, regardless of economic status. Over the years, he managed the Pro Bono Lawyer Consultant Program in BC and helped to establish many pro bono clinics across Western Canada. One headline in 1999 read: Dugald Christie: a modern-day Robin Hood?
In his own words:

"The key is not a mechanical problem, it's a human problem -- and that means getting lawyers in touch with the real problem, which means getting lawyers in touch with the poor. We need to get lawyers mixing and milling with the unwashed, with the mentally handicapped, with the so-called losers of life -- rubbing shoulders with them -- and working on solutions together. Then they will become more sensitive, understand the problem and get rid of their stupid prejudices about the poor."

I'm reminded of an instance in first year Criminal Law class when our professor asked the class (about 60 students):

Prof: "Who here is interested in working as a Criminal Defense lawyer?"
A few students put up their hands.
Prof: "How about you X?" [X was one of the keenest students in the class and regularly sparred with our prof.]
X: "Me? No way. I don't want to be near that riffraff."

Of course, low-income individuals and individuals who have been criminally charged are distinct. However, I would guess that her sentiments would extent equally to law-income Ontarians. M is currently working in a plum position exclusively serving corporate clients.

I believe Mr. Christie's concerns are legitimate. Sadly, he is not longer with us to fight the battle. RIP.

Law Students in the Community

2006-08-01T08:49:00.000-04:00

Congrats to Ms. Dawnis Kennedy who was recently named a 2006 Trudeau Scholar! She will be soon graduating with an LL.B. from the University of Victoria and then go on to the University of Toronto where she will pursue a PhD in juridical science. A recent UVic article describes Ms. Kennedy's interests in law and her community involvement.

“I wanted to go into law because my interest and my family’s interest were very much about revitalizing our community and culture,” says Kennedy. “Canadian law has had a huge impact upon our communities. I wanted to think about ways that Canadian law could relate more respectfully to indigenous peoples and support the revitalization movement that is happening in indigenous communities.”

American Idol: Professor Edition

2006-07-26T15:42:00.000-04:00

For the last couple years, TV Ontario has broadcast a show where they search for "Ontario's Best Lecturer". The byline for the show reads:

10 lectures. 5 weeks. Reality TV with a high IQ.

The Best Lecturer for 2005 was Arne Kislenko, professor of History at Ryerson University. For a full list of the 2006 contestants, check this out.

I was a bit disappointed that none of the professors at Queen's Law School were nominated for the competition. Next year we're going to have to send in some video clips.

Kuddos to the students at Osgoode Hall for nominating their profs. The clip featuring Allan C. Hutchinson is quite entertaining. Apparently, he does this to every class at the beginning of the year. If you would like to know why he's doing what he's doing, shoot me a quick email.

Another School Year on the Horizon

2006-07-25T12:13:00.000-04:00

You know the school year is getting close when you sign a new lease. My fiancée and I took a day trip to Kingston last weekend to check out apartments available for rent. There are many resources available online for those still looking for off-campus housing. Probably the most popular database is the Accommodation Listing Service provided by Queen’s. The SGPS has its own database that is small, but there are some noteworthy places that may appeal to graduate/law students. For those who are looking for a larger condo-type place, there are many property management companies in Kingston. I’ve been in contact with Keystone and Lamb Real Estate. For “affordable” apartment listings, you can try Homestead. There is also a list of other resources at this site under “Apartment rentals”.

If you haven’t rented in Kingston before, I would recommend staying within walking distance of the school. The law school is located in the north-west corner of campus (Alfred Street begins right in front of the school). In my first year, I lived in a house near the intersection of College & Brock and it was a bit of a hike (about 20 mins by foot). It was also quite far to grocery stores and pubs. Thankfully, I had a roommate with a car. In second year, I lived near Alfred & Princess and it was close to everything. This coming year, we’re moving downtown and I’m looking forward to getting our veggies at the farmer's market and spending more time on the water.

I found the first place by word of mouth. The second place was advertised over the law school listserv by another law student. We found this place using the Accommodation Listing Service.

If I correctly recall from Psyche 101, "moving" is on the list of Top Ten Stressful Events, right under "divorce". This will be my 25th move, so I'm not very concerned about it. We have our system pretty well established.

How many did you intend to send?

2006-07-13T11:55:00.000-04:00

Tomorrow is the deadline for Toronto articling applications. Over the last year, we've heard many stories from upper year students who botched their applications, students who hit on partner's wives during the cocktail parties, and students who missed second interviews because of cell phone problems. At this stage, I have two questions. Here's the first one:

Q2

2006-07-13T11:39:00.000-04:00

And here's my second question:

Balancing Work and Pleasure

2006-07-08T14:36:00.000-04:00

My last few weeks have consumed by three things: articling applications, work and worldcup soccer. I finally sent off my piles of applications last night (technically this morning) and now I need a vacation. I'll be back in a week and I'll post more regularly for the rest of the summer.

CBA: Podcast on Podcasting

2006-06-13T22:16:00.000-04:00

I admit it: listening to podcasts has become part of my regular routine. There are some legal podcasts:

Conversations in Law
May it Please the Court
Legalese
Law School Podcast
The Legal Underground
Washington College of Law

Then there are the educational podcasts:

podictionary
commandN

Finally, there is even a podcast dedicated to the Oilers (who are on the verge of elimination):

Edmonton Oilers Podcast

If you want to add your voice to the chorus of podcasters, the CBA has aptly produced a podcast on how to get into podcasting. If any readers out there decide to start a new venture, let me know and I'll add it to my routine.

Profile: Barb Jackman

2006-06-12T16:06:00.000-04:00

On Sunday, the stern gaze of Barbara Jackman could be found on every street corner that donned a box with the Toronto Star. The recent events in Canada regarding terrorism and immigration has thrust the legal work of Ms. Jackman into the limelight.

The front page headline of "The Other War" is followed by a lengthy article, entitled “Counsel for the Untouchables”. Ms. Jackman is described as a “activist-lawyer” and the journalist gives a good biography of Ms. Jackman, touching on a few seminal cases and her family background. Here are a few excerpts:

For alleged terrorists fighting deportation, Jackman is Toronto's go-to lawyer. She has spent decades taking on clients most other counsel won't touch, no matter how disturbing the allegations against them might be. Those who know her say she's committed to human rights principles and fair treatment for all.

Jackman is also renowned for taking on complicated, un-sexy legal issues that might take a decade or more to work through the courts.

This week Jackman takes another step toward clarifying the law as she joins a team of lawyers at the Supreme Court to fight against a section of the immigration legislation that gives the federal government power to deport non-citizens deemed a threat to national security.

Paul Copeland, who recently received the Sidney B. Linden Award from Legal Aid Ontario, gives some personal insight:

"Barb knows more law than I'm ever going to know," says Toronto lawyer Paul Copeland. "Her work is dense, complicated."

Queen's Law professor Sharryn Aiken adds:

Aiken calls herself a "Barb fan." When she was in law school in the 1980s, "anybody with an interest in immigration or refugee law knew that Barb Jackman was where it was happening."

"She never forgets that it's about the people. There's no ego there."

I would like to add my own experience. First, I wholeheartedly agree with both Mr. Copeland and Professor Aiken. Barb, as we called her in class, taught Immigration and Refugee Law with Geri Sadoway at Queen's last year and, as a student, it was a great experience.

As an instructor, Barb was laid-back, organized and she listened to every question intently. As she was teaching various aspects of the field, she would add personal anecdotes from the cases that she has argued - often at the SCC. She gave us broad flexibility and guidance in our research but she also had high expectations. More than anything, I would reiterate Sharry's comment: no ego. It was refreshing to meet a successful lawyer with a sharp legal mind who is both humble and lacks pretense.

For those of you at UofT Law, Barb will be teaching National Security, Human Rights and Non-Citizens next fall.

[Language] Gap Between Professions

2006-06-10T13:21:00.000-04:00

Friend: I just lied to protect someone. You won't tell anyone will ya? You're like my lawyer, right? And you're bound by confidentiality.
Me: Well, if you would like me as your lawyer, you'll have to give me a retainer.
Friend: A retainer? You mean like a thing that straightens your teeth??!!

Rock, Paper, Scissors

2006-06-09T09:33:00.000-04:00

A Queen's student sent this over the listserv and I thought it was worth repeating:

Judge orders lawyers to play game

Faced with the inability of two bickering attorneys to resolve even the most innocuous scheduling questions without his intervention, a Florida federal judge yesterday ordered the two to meet on the steps of the federal courthouse and resolve their latest quarrel by playing "one (1) game of 'rock, paper, scissors.' "

That is too funny.

Stanley Cup Playoff Predictions

2006-06-04T10:31:00.000-04:00

Tomorrow, the Oilers will faceoff against the Canes the Stanley Cup. By all accounts, it should be an entertaining series with strategic plays and end-to-end action.

Here are some predictions from around the Net ;)

Al Strachan: Oilers in 5
NHL 2006 Simulation: Canes in 7
Warren Kelly: Oilers in 6 "Sorry about the jinx, Oilers fans."
Carl Steward: Oilers in 6
Kevin Gibson: Oilers in 6
Dave Langevin: Canes in 6
Charlynn Smith: "Oilers will win"

My prediction: Oilers in 7

And the last word:

Two easy predictions for the NHL Stanley Cup finals between the Edmonton Oilers and Carolina Hurricanes: the TV ratings will be microscopic in most of the U.S. and the hockey will be terrific.

The puck drops at 8:00PM EST. GO OILERS!

UofT Faculty Blawg

2006-06-03T21:08:00.000-04:00

I was poking around the Net today, trying to find more CDN law student blawgers out there, and I noticed that the "Featured Blog" on Blawg.org is the UofT Faculty Blawg. I clicked my way over to their baby blue blawg and discovered that their site was created in February, 2006. Maintained by 8 profs at UofT, they write on many topics, including Constitutional Law and Current Events.

Below the first posting, on February 9, 2006, they give us an incling of why they decided to start a blawg:

We'd like to use this Faculty Blog to foster debate and discussion on issues that we find interesting.

I say: way to go! I hope other faculties across Canada will follow suit (and I sincerely hope that the ubiquitous we-can't-follow-what-the-uoft-is-doing attitude won't get in the way).

Incidentally, I'm quite annoyed that Blawg.org does not include any CDN law student blawgers on its site. It includes links to blawgers from across the US, but it has yet to include any links to us folks up north (and that includes Alaska).

Free OBA student membership

2006-06-03T11:52:00.000-04:00

Personally, the best thing from OBA membership are the 2 Sections. I've been receiving newsletters from my 2 sections for the last year and I find the articles to be extremely useful - especially because they are on areas of law that are interests of mine.

Judge cites Wikipedia page in decision

2006-05-30T15:07:00.000-04:00

I know. It's crazy. In law school, we're taught to pay attention our citations and make sure that we're cited credible sources. Then a Appeals Court judge pens a decision and cites a transient page from Wikipedia as an authority. I have to wonder: is he just ignorant that anyone can alter Wikipedia pages on a whim or does he actually think the content on Wikipedia pages are authoritative?

The Register, a great source of news, published this article that alludes to the decision. Here's an excerpt:

Judge Rushing cites Wikipedia as a source, a mistake which earns students an 'F' grade today. He talks about the need to disregard economics and sociology in favor of a "memetic marketplace" - whatever that is - and allows himself some flights of technological rapture.

I agree with the sentiment but I disagree with the punishment. Any student who hands in a paper that cites a Wikipedia page as a source should get be severly penalized but I don't think it necessarily and absolutely warrants an "F".

Lawyerly News & TTC Strike

2006-05-30T13:56:00.000-04:00

A British news site dedicated to lawyers offers a few headlines every week. The news they select tends to be humourous & law-related - right up my alley. For example, this week's headlines include:

Revealed: the worst law firm website
College of Law caught poaching students
The Lawyer v Legal Week rebrand - YOU decide the winner

In other news, all Torontonians know that the TTC (our subway/bus/streetcar system) was shut downn yesterday due to a labour strike. I was reading the paper this morning and one (lawyery) tidbit stuck out. In the timeline of events, it was the TTC lawyer, Michael Kenneday, who was given the task of delivering the legal order not to walk off the job - at 4:00AM. It was unsuccessful as the recipients were purportedly in "hiding" but he tried.

The story reminded me of an insight that, I assume, all summer students and all articling student know well: not all the tasks assigned to lawyers are glamourous or intellectually stimulating. In fact, much of what we do - the business of law - is mundane and tedious.

Article: Student Punished for Blog Content

2006-05-24T21:39:00.000-04:00

A high school student in Chicago is being expelled for the content on his blog, reports the Chicago Sun-Times today.

Superintendent John Harper, who cannot comment on student cases, said the district will take action if it believes there is a safety issue. Meanwhile a spokesman for the American Civil Liberties Union said school districts must be careful not to discipline students on matters that occur outside school. The student's attorney believes Plainfield School District is overstepping its boundaries.

Based on the article, it seems like they're over-reacting. Blog on.

Long weekends and free evenings

2006-05-22T12:57:00.000-04:00

I have to admit, I've been going a bit stir-crazy these last few weeks. It feels odd to leave the office and not have any more work to do. I suppose I have been so accustomed to spending my evenings & weekends reading or preparing for class that this newfound freedom still feels like an untailored suit.

Revamp your resume

2006-05-20T17:10:00.000-04:00

There are probably hundreds (if not thousands) of websites that will give you advice on building your resume. I hope your local Career Services Officer is as good as ours (especially our former-CSO-who-is-still-helping-students-on-career-decisions). If not, there are many other sources of help.

Personally, I like the resume advice provided by Legal Aid Ontario. It is geared for lawyers. It is funny. And it is comprehensive. Check it out.

Trends in the Legal Profession

2006-05-18T17:58:00.000-04:00

The newest issue of National Magazine (published by the Canadian Bar Association) has a feature article on Trends in the Legal Profession. If you're a member, it was sent to your mailbox. If you're not, you can access the article online in digital format.

The editors of the magazine would really appreciate your feedback on the content of the issue, and the magazine in general. Here's a short survey to help them out.

From Student to Worker

2006-05-16T17:04:00.000-04:00

Over the last few weeks, I have:

finished my exams
handed in my remaining paper
moved from Kingston to Toronto
relaxed on the west coast, and
started a new job

My first mistake was leaving my law textbooks in Kingston. I figured that I wouldn't need them over the summer. Silly me. In my first week, I could have used my Contracts textbook and my Criminal Law text. Thankfully, the (modest) library at work had alternative texts available.

Piles of Mongo: Calling all Freevans

2006-04-28T18:59:00.000-04:00

Kingston is in transition. Thousands of transient students of Queen's are heading off and they are leaving the sidewalks of sofas, beds, dressers, bookshelves, and miscellaneous boxes in their wake.

I cleaned out my locker at the law school today. I didn't run into a soul. In fact, the law lounge - normally buzzing with activity - wasn't even lit. On my way home, I passed by unwanted piles of stuff while a truck from the Salvation Army hunted for the best discards.

In a sense, Kingston is a big mess. Scavengers are having a field day. Over the law school listserv, students started by sending out emails with stuff "FOR SALE". Recently, the same students have been sending out follow up emails begging for people to just take their things away "FOR FREE - JUST TAKE IT." I hope everything finds a new owner.

In the US, there is actually a movement of "freevans", individuals who strive to live off societal waste. A New York Times article describes them as "Dumpster-diving anticonsumerists who aspire to buy nothing. "A law school student in New York has a closet full of clothes that she asquired from anonymous donors.

Ms. Apple, 30, a law student who lives in Astoria, Queens, ... began acquiring lost and discarded clothes. The draw is equal parts thrill of the hunt, political response to a throwaway culture and frugality.

Another term that stems from our material over-consumption and the inevitable extra stuff is "mongo". Mongo is free stuff that you acquire from the discards of neighbours. So all the stuff currently sitting around Kingston is potential mongo. (It's also a verb, BTW. If you rescue something from the sidewalk, you can say that you "mongoed" it.)

I'm off tomorrow morning. It's been a great year and now I'm looking forward to the summer. So long Kingston, and thanks for all the fish.

"It kills, but whatever. Never been so challenged in my life."

2006-04-24T21:45:00.000-04:00

Quote by soccer4408 about going to law school. (She did it.)

2 exams down, one paper to go

2006-04-24T17:50:00.000-04:00

Podcast: TikiBar (with CanCon!)

2006-04-22T19:04:00.000-04:00

For fear of being repetitive with video posts, I was going to wait to post this until a later date ... but it's too funny to sit on. I've included some stills and a bit of dialogue to whet your appetite.

Canadian Lawyer: You have been indicted.
Lala: This is a TikiBar. He or she has no jurisdiction here.
Canadian Laywer: I'm a Canadian Barrister. I have jurisdiction everywhere!

Lala: I recommend we seek legal counsel.
JJ: We'll need a tough lawyer.
Lala: One who can drink.
JJ: A tough lawyer who can drink.

Canadian Lawyer: Well, I suppose we could work something out.

Now that your curiosity is piqued, watch the whole skit.

Go to TikiBar to subscribe to more episodes.

Dalhousie Jeopardy Skit - funny!

2006-04-21T12:10:00.000-04:00

I was reading the Dal Blog of the Narrows and thought this was worth repeating:

Kuddos to the OneLs at Dal for putting this piece together and then posting it on the Internet! Extra kuddos to their profs for being so cool about it.

Article: Blogs 'essential' to a good career

2006-04-20T13:48:00.000-04:00

I don't necessarily agree with this article entirely, but I appreciate the spirit. In the legal profession, I don't think you absolutely need a blawg - but it helps. Some of the reasons outlined below are relevant, especially for individuals who are thinking about a sole practice.

''It's the new public relations and it's the new home page. Instead of a static home page, you have your blog," he said. It's a way to let people know what you are thinking about the field that interests you.

Once you zero in on your topic, here are eight reasons blogging helps your career:

1. Blogging creates a network.
2. Blogging can get you a job.
3. Blogging is great training.
4. Blogging helps you move up quickly.
5. Blogging makes self-employment easier.
6. Blogging provides more opportunities.
7. Blogging could be your big break.
8. Blogging makes the world a better place.

On a related topic, if you are thinking of starting a legal website (blawg or otherwise), May It Please The Court's most recent podcast discussed the "Good, the Bad and the Ugly of Law Firm Websites". Useful information for anyone interested in site design, on either side of the border. Here's a link to his podcast stream for iTunes (or any other podcast app).

OK, back to the books.

One down, Two to go

2006-04-19T21:58:00.000-04:00

Word(s) of the Day

2006-04-14T11:50:00.000-04:00

I think it's fair to say that if you're in law school, you have some appreciation for language. There are many ways to improve one's diction, including the use of ubiquitous "word of the day" services. I included one on this site sometime last year for your enjoyment (past words have included "foment" and "Clerisy"). This service is provided by Brainy Dictionary. Other sites such as Dictionary.com and French Word of the Day offer similar services. You can even expand your lexicon through listening to regular podcasts of DJ Liang (super nice guy, btw) or learn the etymology of words with a daily dose of Podictionary.

My question is: are these services really useful? Sure they easily fall within the categories of interesting, whimsical and sometimes fun - but useful? A quick search of "useful word of the day" revealed these links:

This must be the most useful word of the day delivered to my mailbox so far:. “triskaidekaphobia"

I think it's fair to say that this comment was made tongue-in-cheek. I'm guessing that it was posted by another blogger who also questions the usefulness of these words.

The following links are sincere (as far as I can tell):

Today's useful word of the day: 'yutz'.

A useful "word of the day." excerebrose

USEFUL WORD OF THE DAY: idiopathic.

Immensely useful word of the day
Glox: The sound of liquids when shaken in a barrel.

Do the producers of these sites genuinely expect readers to use these words into their quotidian parlance? Neither 'yutz', 'excerebrose', nor 'glox' are even included of my spellcheck dictionary. It seems overly fustian to me. ;)

Quote of the Day

2006-04-12T17:01:00.000-04:00

Oliver Wendell Holmes once said:

"The young man knows the rules, but the old man knows the exceptions."

This may be more suitable in the law school context:

"The first year student knows the rules, but the upper year student knows the exceptions."

A jaded lawyer might say:

"The law school student barely knows the rules, but the practicing lawyer knows the exceptions."

Or, someone focused on grades - not me :) - might say:

"The B student knows the rules, but the A student knows the exceptions."

I'll leave it to you to parse the wisdom from the chaff.

Bittersweet End of Classes

2006-04-10T19:12:00.000-04:00

Friday was the last day of classes. Over this past week one class after another has found its ultimate denouement. Some classes have ended in applause, others with a another round of drinks while others have come to a close with awkward silence. Some professors continue to teach with attention and empathy while others don't even fake their lack of enthusiasm. "You've already submitted your teacher evaluations so I really don't care what you think anymore." I prefer the profs who invite us over to the Grad Club.

Of course, for the Class of '06, these were their last classes at Queen's Law. They have all (or almost all) found articling positions at firms or government agencies and they are moving on. There are many outstanding, truly admirable, individuals that I will miss. After one more round of exams, they will be completely finished. Congratulations!

Speaking of exams ...

The Next Level of Apple Computing?

2006-04-07T13:03:00.000-04:00

The Blue Screen of Death

Update: Father, Rower, Olympian, Law Student ... and now in jail

2006-04-06T13:52:00.000-04:00

I was quite surprised to read today's story about Barney Williams. After he and his team won their race, their partying got out of hand - to the extent that they caused damage to a bicycle and other property, and he ended up in jail for the night. In his words:

We had a little too much to drink, weren't in any condition to get ourselves home and thankfully the wonderful police of Oxford made sure we ended up in a safer place than the side of the road.
It was an incident which could have easily become much more problematic and I'm glad it didn't end up being any worse than it did.

Just a little too much to drink?

This is actually a nice segue to what's been going on at Queen's. For those who are unaware, the university has been considering ways it can deal with student misconduct off campus. In particular, it is trying to find ways to discipline students after Homecoming parties on Aberdeen street. They say that it is damaging to the reputation of the school when students damage property off campus and get into trouble. Further, they want a mechanism to discipline students in addition to what can be doled out by the police or the judicial system.

For your information, the undergraduate students' union, the AMS, has been supporting this initiative. The graduate students' union, the SGPS, has its reservations (the article at this link is a bit old). If the university takes on the mandate of disciplining students for conduct off-campus (outside its jurisdiction, no?), then is it opening itself up to additional liability? Say, for misfeasance in public office? A unanimous decision by the ON CA indicates that it is.

The recent decision passed down by the Ontario Court of Appeal with regards to York University:

The appeal court found that, since the office of president and the power to discipline students come from the legislation establishing the university, the York presidency is "clearly a statutory office."

So, for example, if Mr. Williams were a Queen's law student (instead of Jesus College law student) and he caused vandalism in the streets of Kingston, and the university deemed the punishment unsatisfactory, it could put punish him further by including a note of misconduct on his permanent transcript.

OK - I've really got to get some work done.

OneL: "I'm loving law school!"

2006-04-06T10:52:00.000-04:00

A friend of mine in first year said to me recently:

I'm loving law school! I feel like I'm a video game going around picking up guns and tools. This stuff is so friggin useful. It's like every class I'm getting weapons and filing them away. It just makes me hungry for more!

Nice analogy. Go get 'em tiger.

Good luck on exams everyone!

Profile: Father, Rower, Olympian ... and Law Student

2006-04-05T10:25:00.000-04:00

In a recent interview, Barney Williams stated the obvious:

"I got the best of both worlds."

Indeed. He is Captain of the Oxford rowing team that went up against their archrival Cambridge this past weekend. They won.

In his spare time, he takes care of his 2 1/2 month old son and goes to law school. Not bad. But can he dodge bullets? ;)

Brokeback Mooting

2006-04-03T22:15:00.000-04:00

I realize that all Queen's law students recieved a link to this in their inboxes recently, but for those of you who haven't seen this yet: enjoy!

Thanks to the folks in Edmonton!

How does the SCC affect our lives?

2006-04-01T22:53:00.000-05:00

My fiancee and I were walking around Toronto recently and, by happenstance, we saw Supreme Court Justice Louis Lebel. I immediately recognized him (how can you not what such a distinctive coif?) and this dialogue ensued:

Me: OMG, look at that!
F: What?
Me: It's Justice Lebel!
F: Who?
Me: Justice Lebel of the Supreme Court!
F: Never heard of him.

Honestly, I doubt if most law school students know much about him. The only reason why I recognized him so quickly is that there is an underground Louis Lebel Society at Queen's and they plaster his photo over the public computers in the library. For better or worse, the visibility of our highest court is very low and it's not notable that a non-law student did not recognize a Supreme Court Justice.

The interesting discussion came later on:

Me: I should have gotten Lebel's autograph.
F: Why?
Me: Because he's important.
F: Not really. It's not like he's Daniel Dennett or something.
Me: Oh. Well, he probably hasn't had as much impact on society as Louis Lebel.
F: Really? And how has Lebel, or the Supreme Court for that matter, affected me?

I gave her a few arguments about the division of powers, health care, voting rights, same-sex marriage and right of women to run for elected office (issues off the top of my head) but nothing convinced her. So I put it to you, my readers:

Explain to me how the Supreme Court affects the life of an average Canadian.
(If you want to be specific, this "average Canadian" can be female, brilliant, caring and gorgeous.) I've turned off the comments' verification feature so that it's easy for you to post your reasons. Thanks, in advance.

Oxford, FL

2006-03-30T11:49:00.000-05:00

I just noticed that some from Miami University in Oxford, FL accessed this site today. I just learned that there is an Oxford in Florida.

Back to Admin.

The Triple Talaq Divorce

2006-03-28T22:42:00.000-05:00

There was an interesting article about a couple in India who were proclaimed divorced because the husband said "talaq" three times in his sleep. According to religious leaders, this constituted a procedure known as "triple talaq" that, under Islamic law, results in divorce.

One Islamic scholar contradicts the religious leaders:

"The law clearly says any action under compulsion or in a state of intoxication has no effect. The case of someone uttering something while asleep falls under this category and will have no impact whatsoever," Khan told Reuters.

It will be interesting to see how this plays out. Will the courts hold that speaking while asleep falls under either the category of an action under compulsion or in a state of intoxication? At first glance, it doesn't seem like it fits naturally within either category.

I also wonder how this may affect the adoption of Shari'a law in Canada. It would certainly disrupt our current Canadian laws on divorce. If I say "talaq" three times to my future wife but we're not Muslim, could the triple talaq divorce apply? (Don't worry, dear.)

Women Outnumbering Men

2006-03-27T20:41:00.000-05:00

In February, I wrote a posting about the successes of Canadian women. It was around the Olympics and it seemed appropriate to talk about the successes of women in law in addition to the success of our women's hockey team.

The Globe and Mail published article out today about Where the Boys Are? The first segment focuses on how female medical student outnumber male medical students. It also mentions:

they also outnumber men in post-graduate law studies, where women actually make up 67 per cent of Canadian law students. Men round out the figure with the remaining one third of those enrolled.

That is a huge difference. I can certainly see these numbers at Queen's. More than that, women are taking leadership positions. Last year's school president was a woman, and a woman has been elected to the post for next year as well. This trend could potentially significanlty alter the legal profession. It seems like it will take some time for these women to rise up the ranks at law firms but when they do ...

In the last issue of Canadian Lawyer, there was an article about how the Eat What You Kill mentality is going out of style. I wonder if this could be due, in part, by the influence of women in the legal profession.

Webtools: Newsvine & Google Reader

2006-03-26T22:47:00.000-05:00

There are many services out there that allow you to customize your news. Newsvine is one of the newest. One of its best features is that it allows you to write articles and build a name for yourself.

Another service, that you may know about, is Google's Reader. It can be used to read blogs or other sites. I use it.

Lastly, a semi-useful site that was recently featured on Rocketboom is PopUrls. It brings together popular stories/videos from other sites (including Newsvine) for quick access. More fun than legal, it will keep you on top of technical innovations, deals and timely factoids.

The Costs of Partying

2006-03-24T12:30:00.000-05:00

There is one class that is famous for its annual parties: Advanced Corporate Law. The practitioners who teach the course treat all the students (20) to dinner and drinks at the end of the course to celebrate. And when I say "celebrate", think steak and single malt Scotch. There are students who actually ballot the course simply to partake in this evening (and night).

It is tough to know exactly how much these celebrations cost. One student estimated about $1500. Another thought it was closer to $4000 or maybe even $5000. (The upper estimate would put it at about $200/head.) Remember: for one evening of drinking and merriment.

I imagine that an evening like this is not unusual for a Corporate lawyer in a big firm. If they're charging $800 an hour to their clients, the cost of the bill could be less than one day of billable hours. $4000 may not seem to be significant.

But how much is $4000 in the real world? I was talking to a student who was disgusted by the whole thing. She argued that these Corporate lawyers are completely out of touch with humanity. She notes that in 2005 the average salary for Chinese college graduates is only $196 a month. I'm sure you've heard all these statistics many times. What do they say? About 1.2 billion people live on less that $1 per day? Certainly to these people, $4000 would be incredibly significant.

Worlds apart.

Webtool: Beer Locator

2006-03-23T12:12:00.000-05:00

I was listening to the Inside the Net podcast and, according to Leo, only 1/5 Americans actually know the meaning of a "podcast". I'm guessing if you're savvy enough to find this site, you are part that enlightened minority. Then I was thinking, there may be some nifty tools out there that are even less well known than podcasts. I could use this site to highlight these tools in a "webtool" group of posts. The idea is that these posts will be like "daily distractions" but useful.

For this first webtool post, here is something that may appeal to most law students: the Beer Locator (aka the Beer Hunter). This is one of the best mashups out there. At this point, the site is limited to Ontario (which works for Queen's students) but they are planning on expanding. For the readers in Minnesota, New York or Taiwan, it may take a while. Here are a couple links to get you started:

Addicted to Westlaw

2006-03-22T11:02:00.000-05:00

Legal research is fun. Right. Well, it might not always be fun, but at least as students, it's cheap. The folks at the LawBitches blawg (down south) recently posted about how much it actually costs firms to use services like Westlaw:

Here is what they should tell you about Westlaw before they get you addicted to the free stuff during law school. Once you leave law school, it is really expensive to use it. Several of us here took a Westlaw Seminar entitled "Prepare to Practice" (got us 500 Westlaw points and a beautiful soft leather portfolio) and we found how much it costs out in the real world. Here are just some examples (and the numbers are not exaggerations...).

Typical Database search Costs:

Transactional
Search all cases- $159 (everytime you hit the "Search" button)
Search one state's cases- $52
Keycite a case- $6.25 (per Case- think of a memo you would write which may cite to 20-30 cases)

Hourly
Search all cases- $15.80/minute or $948/hour
Search one state's cases- $6.33/minute, $380/hour

Of course this is without any real discounts (some firms have discounts and will allow you unlimited access but remember a client still does not want to see a $4000 bill for "research").

Note: all figures are US$$$. Anybody know the Canadian rates?

To students: enjoy it while it's free! I know I'm having a ball! ;)

Daily Distraction: The Joy of Tech

2006-03-21T19:55:00.000-05:00

Article: Students draft new laws

2006-03-21T02:00:00.000-05:00

A CBC program on TV, Making the Grade, may have enabled some high school students in Ontario to draft new laws.

The governing Liberals, Opposition Conservatives and New Democrats reviewed more than 100 ideas submitted by high school students across Ontario, and agreed to sponsor at least one bill each and schedule a day in April for debate.
...
"For these kids to actually see that there's nothing magic about making laws, that it's a very practical process, it's motivating."

Cool. Power to the people.

Shoutout: the Himalayan Highlander

2006-03-20T16:25:00.000-05:00

Sometimes I think about what I would be doing if I weren't in law school. One option would be living like Brem. He's been traveling the world, doing good in the world, learning and living. This post is for you, bro.Check out his adventures on his blog.

Happy St. Patrick's Day!

2006-03-17T22:02:00.000-05:00

For some reason, the thought of green beer makes me more thirsty than just the thought of beer. Could classical conditioning actually be effective on an annual basis? :)On a sobering note ...

Correlation between increasing tuition and increasing law prof's salary ($136,634)?

2006-03-17T19:25:00.000-05:00

I was reading Law, Love & Life and I clicked on her link to this article on CBC.ca. At the very bottom of the article is this chart:

I can understand why Medicine is expensive. And I can understand, to a certain degree, why Dentistry is expensive. The article explains that:

At UBC, for example, the cost of tuition, dental instruments, clinic fees and other fees totals $172,000 over the four years of the Doctor of Dental Medicine degree. And that doesn't include food or lodging.

But it is not obvious why law school tuition is so high. Do we use expensive cadavers? No (as far as I know). Do we consume expensive chemicals as we're mixing our metaphors? No. Are legal instruments expensive? Certainly not at Queen's. As it stands, the only "instruments" the school provides are pens and paper for students during exams and chalk for professors.

My guess is that the bulk of our tuition goes to pay faculty salaries. If that's the case, then are the recently unveiled 4% and 8% increases in tuition required to pay our profs? How were they paid in 1993 when students were only paying $2,500 in law school tuition? I would love to see a chart with rising tuition on one side and rising faculty salaries on the other. Research project anyone? Some information below might help.

Back in 2002, when UofT tuition was slightly lower than the current $16,xxx, Jim Phillips penned an OpEd about faculty salaries for Ultra Vires. He wrote:

The draft is vague about a lot of things, but not about $1.7 million for a "faculty recruitment and retention fund". There is no evidence presented for why we need this fund, for the simple reason that the evidence is not there.

He noted that the average starting salary for a UofT prof is about $100,000CDN (which is actually pretty cheap when you consider an article claiming that the Iraq war is costing Americans $100,000US per minute) and Jim stated that this $1.7m fund was needed to prevent faculty from going south. The dreaded brain drain to the USA. OK, let's check it out. What are law professors making down there?

In 2002 (same year), an article on Law.com gives us some numbers:

Salaries range from about $70,000 for a beginning instructor at smaller schools to between $200,000 and $250,000 a year, including summer grants and other support, for a top academic at a prestigious major university, according to law professors and published reports. At the University of Virginia School of Law, which many professors believe is the highest paying institution, 15 professors earned between $200,400 and $284,000 in 2001.

Based on this comparison, a starting salary at UofT actually makes quite a bit more than at a "smaller" school but we can't compare with, say, a law prof starting at Yale. Who knows. Anybody want to dig deeper?

We do know that law professors make a lot more than other profs. A recent post on a UBC blog has the title: Faculty Salaries Rise by 3.4%; Law Professors Still Earn the Most.

Law professors continue to lead the list. According to the survey, full professors in the field earn an average annual salary of $136,634. Even new assistant professors in law make nearly $80,000 a year. That is about the same average salary that full professors in history earn. New assistant professors in history average about $45,000.

Wow - that's a huge difference! But it's not difficult to justify it, even to the critics who say it's exorbitant.

On the one hand, it seems unjust when you think of the number of years that the history professors put in compared with the law professors. I believe a new assistant professor in history would have a minimum of 8 years post-secondary education (3 years for a BA + 5 years for MA/PhD) and an average new recruit would have about 10 years. Meanwhile, a new law professor could have as few as 6 years (2 years of undergraduate + 3 years LLB/JD + 1 year LLM) but the average is closer to 8 and now, with PhD law professors increasingly common, maybe even 11 or 12 years. Potentially less education and more money. Of course, this may say more about the value of a history degree.

On the other hand, if they were working in private practice, what would they be making? Probably more than $136k. In fact, one prof said to us on his first day of class, "you know I want to be here because I took a significant cut in pay to teach."

Based on the title ("still"), it seems like law professors have historically outpaced other faculty for $$$. Is the gap getting wider? Apparently.

Finally, how did they justify this 3.4% raise in salaries? According to the Bank of Canada, inflation rates were 1% - 2% last year and they are on the same track for this 2006. Not 3.4%. Is this the reason why our tuition continues to go up and up?

75.8% VOTE FOR J.D.

2006-03-16T19:24:00.000-05:00

The results are in:

244 votes (75.8%) in favour of switching to the J.D.
68 votes (21.1%) not in favour
10 ballots (3.1%) didn't vote

So, the next step is Faculty Board. They have already met internally and they want to move slowly. We will strike up another committee next year and continue this along. The Class of 2007 may have the choice of getting a J.D. (WOOOHOOO!!!)

Poll: LLB/JD Results?

2006-03-16T18:30:00.000-05:00

Well, the elections committee is currently counting the ballots. We don't know the results yet. But, I've been polling students today. Here are a few predictions:

Student A: "Barely pass. Maybe 52%."
Student B: "I hope it doesn't pass at all."
Student C: "70% in favour of JD."
Student D: "65% for JD."
Student E: "It will be a shocker: 85% for JD."
Student F: "65% JD."
Student G: "Hopefully at least 2/3s for JD."
Student H: "I have no idea."

We'll know soon enough ...

Alternatives to Law

2006-03-15T11:09:00.000-05:00

A disaffected volunteer veteran of the maximum-security system at Kingston Federal Penitentiary thought she might go to law school. She finished her degree at Queen's University in Psychology and then ... changed her mind.

Instead, she became a Bank of Bermuda foreign exchange dealer. The story of Beverly Sgobba.

Annoying popups

2006-03-14T11:19:00.000-05:00

Please let me know if you are still getting popups. I've been going back and forth with Blogger to try and solve this problem. Shoot me an email if the problem isn't solved.

LLB/JD listserv debate

2006-03-13T22:43:00.000-05:00

The debate flamed up today! We have our referendum in a couple days and students have started actively expressing their views on the issue. More than that, a few faculty members have entered the fray.

So far, I've tallied 8 emails expressing support for the LL.B. and 11 in support of the J.D. (this tally is probably out of date as I'm typing this). Here is a selection of quotes - some funny, some insightful - from various emails sent to the listserv. To protect the authors, I have kept all the comments anonymous.

Personally, the more letters behind my name, the better.

Alumni can be given the choice of whether they personally would like to change the name of their own degree, just as the alumni at the University of Canada (I mean Toronto) had the option of doing.

Opportunities and options available to a 2006 graduate are, in my opinion, drastically different than those that were available 10, 20 or 30 years ago.

Once our clients and employers recognize that there is no finer law school in Canada, they (like I) will not care whether our graduates have a J.D. or LL.B. as long as they're from Queen's.

If we stood by the tradition for the sake of tradition' argument, things like anonymous grading, and grade confidentially would have never been implemented at this school.

I think the one thing this listserv debate has taught me is that I don’t type fast enough.

Views of present students about the LLB/JD are certainly important, but so are the views of alumni. It is their degree also, and we look to them for financial and moral support, so proper;y engaging them in this decision is important.

It will be hard to explain and justify to the public that lawyers want to be called doctors.

Is this not simply an exercise in semantics? If we are changing nothing but the letters on our degree, why bother?

I support making this change because it would add a professional quality to a degree that is elsewhere generally equated with a less advanced type of professional education.

Subject to a loss of alumni support, I support switching to a JD.

One would imagine that those doing the hiring at an internationally focused firm abroad would be aware of the differences between the legal education received in different jurisdictions.

I'm sure the rare student that applies to a big firm in India will be able to communicate to potential employers what the difference is.

Many people in the international arena are unaware of the various systems of legal education, and having a J.D. is much more recognizable as a professional degree. It simply shows that it is a graduate, not a bachelor's, degree.

With a law degree from a prestigious university such as Queen's, one can fulfill their great ambitions and become rich beyond the dreams of avarice. Thus, money, as usual, is the driving factor.

Arguably, it is only a matter of time before other Canadian schools fall into line. As we’ve said UWO and UBC are teetering. Though we can’t be the pioneer school do we want to be the 8th, 9th or 12th to fall into line?

In my mind, a graduate degree suggests a level of mastery that cannot possibly be imparted by an initial law degree.

The Queen's community is going to have to decide whether it wants to join the inflationary bandwagon, in an effort to protect its students, or whether its students can be better protected by standing by Queen's traditions.

While the majority of us appear quite happy that we are not the University of Toronto (I’m one of them…), I don’t want to base my decision on a comparison with another faculty.

I really think the U of T point should be a fairly marginal consideration in terms of the JD-LLB debate (although I too am not a fan of them, or their uppity mooters).

As a student noted in the last listserv debate on this subject, 'If you really want a job on Wall Street, change the name of the law school to Yale.'

I was chatting with another student who is strongly in the J.D. camp. He predits that the vote will go 80% in favour of switching. Personally, I doubt if it will go that high. Based on what I've heard/read, I will guess that the vote will fall somewhere between 65% - 70% in favour of switching to the J.D.

Freedom of speech in the classroom

2006-03-12T15:58:00.000-05:00

Michael Kalo is a Jewish law student at the University of Manitoba and he is the victim of a racist attack due to comments he made during class. An article on this incident has been published by the Manitoban Online.

Mr. Kalo has Arab features and Iraqi roots. In a recent class of Constitutional Law, the discussion turned to the controversial printing of cartoons depicting the Prophet Mohammed. Mr. Kalo compared publishing the cartoons to burning the Canadian flag. Subsequently, he received an anonymous threatening letter in his mailbox:

Michael:

Why do you have to look and behave like that?

Do you want us to send you back where you came from?

You do not belong in our Faculty!

Don’t say we didn’t warn you . . .

The article states:

At the bottom of the letter is perhaps the most inflammatory cartoon of the Prophet Mohammed published in Jyllands-Posten: it depicts a man with a beard wearing a bomb for a turban.

Normally, I do not use this site to express my opinion on news but on this matter I will make an exception. From what I have read, I am outraged by this racist hatemail in a law school. I sincerely hope that the administration at the University of Manitoba takes this seriously. Mr. Kalo should be able to express his thoughts in class without fear of receiving threatening letters.

Overheard at Queen's

2006-03-11T10:21:00.000-05:00

Some of my favourite blogs out there are the "Overheard at X" sites. Overheard in New York has got to be one of the best. New Yorkers just let it all hang out.

What is Hardcore? (NYC Short Stories)

Girl: Wow, last night I was so drunk. I can't believe that I got so wasted off only a pint of gin. In first year I could drink like twice that amount and party all night.
Guy: So you were hardcore then?
Girl: Naw, I wasn't hardcore, I was just an idiot.

--NYU A bus

Overheard at Western is also amuzing. Here's a post from the law school:

And you thought lawyers were soulless creatures.
Law Professor: I don't even know what fine arts is. But I assume it involves, like... making stuff.

-- Law school, overheard by Drew

Queen's doesn't have such a site, as far as I know. But another Queen's blawgger sometimes includes postings that might qualify:

Overheard in the law lounge today.
Woman with silver laptop: "Our reading for Ethics now is this novel, which I was psyched about because I thought it would be easy, but it's the worst thing yet. My god. It's about this butler, and it's set in super old times."

Woman with the black laptop: "What's it called?

[G, internally: "Please don't say Remains of the Day, please not Remains of the Day.]

WSL: "Remains of the Day. I think it might have been made into a movie..."

There is certainly a SparkNotes version. :)

For the record, I think Ishiguro's Remains of the Day is a brilliant novel and I applaud the professor for assigning it.

LLB/JD Open House

2006-03-09T18:59:00.000-05:00

Queen's had an Open Forum today in one of the main lecture halls on this issue. The Dean, the Associate Dean, the President of the LSS and the VP Internal Professional of the SGPS explained their various positions. In general, they agreed that this is a hot topic and they will listen to the students.

We discussed the issue for about an hour and many points were clarified. Overall, it seems like students are in favour of the change but there is some concern over exactly what the referendum will mean. The Dean is also concerned about making sure that other stakeholders, such as Faculty and alumni, are also in favour.

At one point, the Dean noted that between 4,500 and 5,000 graduates of Queen's Law hold LL.B.s from the school. He did not suggest that they should get a vote in the referendum but he's concerned that their voices aren't being heard.

The strongest message was that moving too quickly could have negative results. We'll have to see how the students vote next week.

Minority Students & Public Interest Law

2006-03-08T15:01:00.000-05:00

The fifth annual conference in Public Interest Law will be going on this weekend in Toronto. For bios of speakers and general info, check this out.

The Law Times recently published an article titled Rethinking 'Market Model" Might Break Open Articling. Here are some excepts:

[W]hile more articles have been available lately in, for example, public interest law, minority students “aren’t getting the articling positions in the [other] areas they want.”

And she said students themselves need to reach out to wider academic circles, for example by taking part in environmental or intellectual property law groups or organizing campus events.
Moreover, by not getting involved, “you also limit your connection” to more individuals in law, which can limit career advancement, she said.

Michelle Williams, an assistant professor at Dalhousie University, said representatives of a firm at a job fair told her that it only practised tax law yet a white student was told the firm had a range of practices.

On the realities of a practical job-seeking sort, Frank Walwyn, president of the Canadian Association of Black Lawyers and a partner at WeirFoulds LLP — one of the few black partners at any Bay St. firm — told a session that the same realities apply to minorities as apply to all articling applicants: the competition is stiff, resume honing is a must, and connections help.

Walwyn said his firm receives as many as 400 resumes for four or five positions and interviews up to 40 candidates. “The very first thing I look for are marks,” he said, since they show intellectual rigour, a chief attribute in a firm that refuses to be “compromised by mediocrity.”

He said personal letters also count, and they should be no more than one page. Knowing the firm’s practice areas, why a student wants to practise, and even what the candidate has achieved outside academics, in fields like the arts or athletics, are important, if they show “a history of commitment to perfection,” he said.

Busy students

2006-03-07T22:56:00.000-05:00

I definitely need to update my blogroll on the right. Some blawgs have been abandoned while others are just rarely updated.

Canadian Law School Blog - last updated April, 2005
The Headless Drummer - last updated August, 2005
Life, Love and Law School - deleted
Just Another Law Student - deleted
Modern Life is Rubbish - last updated January 16, 2006
Less is more - restricted to her/his friends
we will always be a light - deleted
BrinkReview - deleted (too bad, I really enjoyed reading his posts)
Where ideas can hang out - last updated June 17, 2005

Law school is busy, that's for sure. And, I suppose, blogging isn't for everyone. Good luck to all, and good night.