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ISSUE 7 - NOV 26, 2012 obiter-dicta.ca

Submissions are due at 5 p.m. on December 29, 2012. Please send your articles to: obiterdicta@osgoode.yorku.ca

‘The Definitive Source for Osgoode News’

In this issue: articling on trial, the Arab-Israeli conflict, holiday movie guide, and more!

Too little to be born

JIHEE (MARIE) PARK Staff Writer

The existential crisis that is law school

MICHAEL CAPITANO Contributor

During law school, it’s easy to lose sight of oneself. As exams approach and the craziness of 1L weighs on our minds, I find myself going through old things that I’ve written. It’s common and completely expected that we question ourselves about even belonging in law school. Everyone who is born into this world asks: “Where do I belong?” It’s evident from reading my past reflections on life that I’ve been slowly developing my answer to that question. In doing so, I feel persistently satisfied with who I am. So, as a remedy for our existential woes, here’s a quick look at what the history of existentialism can tell us about discovering who we are and where we belong. In my view, its main goal has been to find space where we can perform and exercise our creative power—a place we can walk through and say “this is my home.” Søren Kierkegaard, in The Sickness unto Death, writes: “...in relating itself to itself and in wanting to be itself, the self is grounded transparently in the power that established it... the [very] definition of faith.” Translation: when we are honest to ourselves about who we are, and we desire to be who we are, we gain the ability

ground ourselves in the power that established our identity—the source of meaning in our lives. Kierkegaard is the grandfather of existentialism. As a Christian, his answer to the problem of meaning and identity rested in faith in God and emulating the behaviour of Jesus Christ as the key to selfhood. Jean-Paul Sartre’s formulation a century later acknowledged the reality after the “death of God” – the loss of any metanarrative source of meaning – that Friedrich Nietzsche boldly proclaimed at the end of the Enlightenment. Our Western culture had managed to replace Religion with Reason, and Reason turned out to be nothing more than a god in a lab coat. A re-evaluation of our morals was upon us. Nietzsche had been misunderstood in his provocative writings. He was asserting that we didn’t have to accept the values that had been forced upon us. His greatest concern was about clearing a path so that we could forge for ourselves the place where we belong.

November 17th was World Prematurity Awareness Day. It may have been a singular date to give a moment to think about one of the leading causes of neonatal mortality and increased risk of a multitude of neurological, cardiovascular, and other conditions. However, the issue is always there, and so it is of import to be aware of the subject. This article may help you understand the basics, statistics, and gravity of this affliction that carries such great emotional, financial, and political weight. With contributions from almost 50 international organizations, the WHO’s Born Too Soon Report is the first time that a holistic comparison has been compiled at the international level. The report shows preterm birth rates of countries, trends, and proposals for programs and policies to help the plight of reported rising rates of preterm births. As a global total, 15 million preterm births were reported in 2010, and rates are rising. Though 75% of deaths of premature babies could be prevented with reasonable and effective care, 1.1 million babies died in that year from preterm complications. As a national perspective, Canada’s total of 383,100 live births reported a preterm birth rate of 7.78%, or 29,800 preterm babies, an annual change of 1.01%. Of these births, 600 died of complications.

When Sartre claimed that we are “condemned to be free” he had given up on the notion of any type of guiding principle from a higher power. Human beings became fully responsible for

An alarming epidemiological trend reported is that of the 11 countries where over 15% of babies are born too early, 9 are in sub-Saharan Africa. This is likely a result of the higher incidences of various intrauterine infection, HIV, malaria, and poor nutrition. Another surprising finding is that the rate of preterm births in the United States has risen to 12.03%, a high number considering the preconception of a higher standard

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OBITERdicta

The Definitive Source for Osgoode News Osgoode Hall Law School, 0014G York University 4700 Keele Street Toronto, ON M3J 1P3 E-mail. ObiterDicta@osgoode.yorku.ca Website. www.obiter-dicta.ca Twitter. @obiterdictaoz “If an expert says it can’t be done, get another expert.” - David Ben-Gurion Senior Editor-in-Chief: Nancy Situ Editors-in-Chief: Thomas Mastoras, Travis Weagant Business Manager: Adam Cepler Features Editor: Cass Da Re News Editor: Nadia Guo Opinions Editor: Karolina Wisniewski Arts & Culture Editor: Max Paterson Sports Editor: Andrew Cyr Staff Writers: Citlally Maciel, Rory McGovern, Jihee (Marie) Park, Daniel Styler, Angie Sheep Crossword: Emily Gray Contributors: Daniel Akinbosede, Spencer Bailey, Michael Capitano, Hilary Fender, Leanne Footman, Quinn Harris, Elena Iosef, Jeff Mitchell, Alexander Yu Layout Editors: Julia Vizzaccaro, Devin Santos, Patricia Wood, Wendy Sun Website Editor: Ricardo Golec Articles are due at 5 p.m. on December 29, 2012. The maximum length is 1200 words. Please submit articles in Microsoft Word format to obiterdicta@ osgoode.yorku.ca. Please attach photographs separately; do not include them in your Word document. The Obiter Dicta is the official student newspaper of Osgoode Hall Law School. The opinions expressed in the articles contained herein are not necessarily those of the Obiter staff. The Obiter reserves the right to refuse any submission that is judged to be libelous or defamatory, contains personal attacks, or is discriminatory on the basis of sex, race, religion, or sexual orientation. Submissions may be edited for length and/or content. The Obiter Dicta is published biweekly during the school year, and is printed by Weller Publishing Co. Ltd.

The Obiter Dicta is a member of Canadian University Press.

monday - nov 26 - 2012

editorial

The LPP: not what we bargained for In these pages lies Student Caucus (SC)’s response to the Law Society of Upper Canada (LSUC)’s Pathways Report on the future of articling. It is a commendable and articulate effort, to be sure, especially in view of a rather tight deadline, which the response notes. But alas! I’ve been forgotten again, by both the report and the response. SC’s response raises the concern that most of the discussion to date focuses on larger firms, and that those law students wishing to serve “vulnerable communities” are left out of the analysis. Perhaps. But what about everyone else? I made the decision several months ago not to participate in the OCI process because I am not willing to work at a large firm. It has nothing to do with escaping big, bad Bay Street; I just know I wouldn’t be a good fit in that environment. I am also not interested in pursuing a career with “vulnerable communities,” or in any of the areas of law mentioned in the summary of the SC response. Of course, making my services available to people who cannot afford them will always be a part of my practice, but my areas of interest are simply not in demand among “vulnerable communities.” So, SC, where exactly do I fall on your spectrum of acceptable practice environments? Riddle me that. That said, the portions of the SC response that deal with increased debt resulting from the creation of a second licensing track resonate with me: I have accumulated a great deal of debt. I will accumulate more before I graduate. I am not, however, interested in being told how able I am to pay for anything: degree, license, or otherwise. Osgoode is expensive (I Googled it before I accepted my offer). I borrowed money to pay for it. I’ve planned my expenditures while I’m here so that I can graduate having borrowed as little as possible. When I graduate, I’m going to pay my debts. It might take a while, or it may take less time than I expect. Don’t get me wrong: $20 000 a year is a big deal, and I didn’t take the decision lightly. However, it’s a decision that I made and, through careful planning, I will handle its consequences. This neither disadvantages me, nor makes me “best able to pay” for a secondtrack licensing program. The Income Tax Act and I will be the judges of the sufficiency of my income in the years following my graduation, and I would greatly resent the Law Society for imposing additional expenses. Indeed, maintaining my delicate fiscal balance is essential to my ability to remain here. I view it as a bargain: a contract, if you will. A contract with me on one side, and all those who would seek to invoice me on the other. When

all parties entered into the contract, I understood that I would receive a legal education and a licence to practise law in Ontario. In return, I would complete all degree and licensing requirements and pay the applicable fees, the amount of which I could predict with reasonable certainty. Sounded fair enough. Three semesters later, I discover that the Law Society may intend to make the Class of 2014 the “guinea pigs” for a new licensing regime. I got excited. After all, becoming a lawyer in English Canada is an onerous process. I have a friend from Montréal who is one year younger than I am, has an LL.B. from the Université de Montréal, an Osgoode JD, and is currently awaiting the Québec bar exam. Most of the United States have no articling requirement. I hoped that the Law Society wished to relieve some of that pressure, especially when so many have trouble finding articling positions. Not so. Instead, we get the Law Practice Program (LPP): a second licensing option for those who can’t find articling positions. A very distressing thing about the LPP is that even those with articling jobs may be forced to pay for it, in the amount of thousands of dollars each. Maybe my understanding of contract principles is rusty, but I’m fairly certain that you cannot, at common law, demand additional consideration from an opposite party without providing something additional in return, unless both consent to vary the terms of the contract. Professor Ben-Ishai, please back me up on this. The LPP is a questionable program for a lot of reasons. The least the Law Society could do before implementing the thing is to wait two years so that the poor aspiring lawyers who get stuck with it know what they’re getting into before they begin the four-year process. I know it’s only a few thousand dollars, and I know the so-called articling crisis can’t wait two years for a resolution. I don’t purport to speak for anyone but myself here, and my righteous indignation is mine, and mine alone. But, speaking as an aspiring lawyer whose particular aspirations tend to get left out of reports and their responses: I feel jerked around. I’m not a member of an “equity-seeking group.” I’m just seeking what I bargained for. LSUC, we’re going to have a lifelong relationship, and we are not getting off on the right foot. I’m going to remember this. If you make me pay for this preposterous program, I will not sue you. I will acquiesce to your decision, but I shall be most displeased. Consider yourself on notice. Happy holidays. the OBITERdicta


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student caucus

opinions

Osgoode Library Policy Update

The Social Media War

It’s that time of the year again. With exams around the corner, Osgoode students take a seat in the Library to study. As upper years will recall, the “exam period restricted access policy” is just around the corner. During this time the Osgoode Library has extended hours and is a study space designated for Osgoode students and members of the community who wish to use legal resources at York. The policy this year will take effect before the end of the month with two amendments.

Propagandizing war through social media is a total and utter disgrace. Why would anyone show the world their ugliness by putting their sadism on display? I mean, Twitter? The same platform used to find out how many wontons Bieber ate for dinner as comfort food after him and Selena broke up?

JEFF MITCHELL Contributor

1. The Osgoode Library will have a select number of seats and computer terminals available for general use. This area (location TBD) will be regulated by the Library staff to ensure that the library remains an optimal study area. 2. Wristbands are no more. Students will be issued stickers to their York U ID card. This will be shown upon each entry to the library over the entire length of restricted access. Students will receive their sticker from Library staff. In order to be effective, this system

Call for submissions: Osgoode’s audio-video recording policy ALEXANDER YU Contributor “Greetings, travellers!” *Correct identification of the source of this quote entitles one to a coffee courtesy of me. Yes, there’s only one correct answer. For those who have been wondering what Student Caucus has been up to (no laughing!), the short answer is: a lot! In particular, we have been in discussion with the administration about the audio-visual recording policy for lectures. Students who began their studies at Osgoode in 2011 and later might be surprised to learn that the audio-visual recording of lectures is a fairly new feature of the school. On the other hand, it is known to just about all that the results of this program has been mixed. While some classes consistently capture all the lectures, others, for an assortment of reasons (including technical issues), have faced varying rates of failure. For many students this inability to access all the lectures in a recorded format is an inconthe OBITERdicta

requires students to bring their ID with them, and take it with them as they leave the library (even to get another late night coffee). Please remember to have your card with you in order to have quick access to the Library. Student Caucus has worked hard with the Dean and the Chief Law Librarian to improve the exam period library policy. We look forward to hearing how this policy works for students. In January, Student Caucus will be asking for feedback on the exam period policy and your thoughts on how the Library could be improved. Last but not least, Dean Sossin has agreed to make the ADR breakout room available for group study. The administration is currently working on integrating existing bookings with the Library’s current group study room booking system. With news this big, you can expect an announcement from Student Caucus as soon as the rooms become available. Good luck on finals! Jeff Mitchell is the 2L Student Caucus Representative. venience, but the real harm done is the impact these failures have on students who face barriers to accessibility. In a very competitive academic program, our peers who are confronted with such barriers are disadvantaged by this inability to access recorded lectures synchronized with slides on account of these failures. At the moment, the administration is planning on removing support for the current program starting next semester. Consequently, Student Caucus is, on multiple fronts, raising its concerns to the administration, hoping to develop a solution that addresses both student and faculty concerns. We have been diligently discussing this issue and have consulted with interested student groups. A sub-committee has been struck to further consult stakeholders and to consider how we might best move forward from this point. As such, we want to hear your opinions (particularly from students facing accessibility barriers), so please address your thoughts and concerns as soon as possible to James Stevenson (Chair of the sub-committee) jamesstevenson@osgoode.yorku.ca or any other members of Student Caucus. Alexander Yu is a 2L representative on Student Caucus. He’ll buy you coffee if you play his trivia games.

RORY MCGOVERN Contributor

The Israeli Defence Force (IDF) posted a video on Twitter of a car being destroyed by aerial ordinance. The leader of Hamas’s military operations was in the car and was killed, along with an 11 month old, a 3 year old, a 5 year old and others in the immediate vicinity. Is life cheap enough to pretend these innocents were collateral damage in a video game? Developing love for fellow man is certainly not easy. We are programmed not to. We are programmed to discriminate between allies and enemies. Everyone and everything outside our immediate sphere of interaction or influence seems foreign, strange or potentially dangerous. Accepting outsiders when we roamed the plains of the Serengeti or lived in city-states 3500 years ago would have been to accept potential threats into our lives. It was stupid and oftentimes it brought about the end of great civilizations. The only men who ever moved freely between societies were philosophers, men exclusively concerned with knowledge and not the base gratification of empire and wealth. We like to think that we have advanced past this fearful state of xenophobia, but alas the ancient beast that man once was lurks behind the façade of civility and reason. The arbitrary and foolish lines we draw on maps and in our hearts serve to feed this creature and give it power in an age where we should be collectively moving forward and erasing lines. The greatest lesson we learned from the Second World War and the multitude of international treaties, agreements and declarations that followed it was that, even in the midst of a war, we must never forget our common humanity. We recognized that sometimes war is necessary, but that it is always ugly. Consequently, we set the standard of “necessity” very high, that is, until Kissinger tipped the first domino that eventually led to Bush. To delight in war is to delight in the ugliest part of man. To display ugliness to the world and boast of your own inhumanity is base, distasteful and worthy of punitive condemnation. We revere heroes because they are forced to do » continued on pg 7 monday - nov 26 - 2012


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legal & lit

What L&L has been up to this semester ELENA IOSEF AND LEANNE FOOTMAN Contributors Throughout this semester you’ve probably seen advertisements for L&L meetings on Osgoode’s TV screens, you’ve gotten e-mails from us (perhaps a few too many), seen our Exec members wandering the halls, and wondered what exactly we’ve been up to. Well, even if you haven’t been wondering, we’re here to let you know what your student government has been working on for the past three months. Used Book Exchange Website Earlier this year, Legal and Lit Books was launched as a stand-alone website that allows students to connect with one another in order to buy and sell used books. With over 300 posted ads, the web-site was a heavily-used resource at the start of the semester. We’re looking forward to the service continuing in the future! Updated L&L Website The latest version of the L&L site is now housed on a much more user-friendly hosting site, allowing us to update students with news much more quickly. As well, the website now features a student events calendar and new summaries (please see below for details)! Mental Health Awareness Week (Nov. 19th21st) This year L&L, the Osgoode Mental Health Law Society, and Osgoode’s administration were proud to bring you our first ever Mental Health Awareness Week. We strongly feel that it is L&L’s mandate not only build our community, but also support students as individuals. The week is aimed at starting a discussion around mental health in our law school environment and in Canada, teaching students coping mechanisms and finding ways in which our mental health resources and our culture as a whole can improve. JCR Renovation This past summer, L&L began negotiations with Osgoode’s administration and York in order to improve student space. Although generally functional, the JCR, in its state, felt more like an extension of the bistro than a gathering space where students can lounge and meet one another casually. L&L successfully convinced the Osgoode administration to help us make some significant changes to the space: (1) Putting in a working sound system so that we can play music during student events [paid monday - nov 26 - 2012

for by Osgoode]

Law Students’ Society of Ontario (LSSO)

(2) Installing cable TV [paid for by L&L]

On October 19th, six representatives of Legal and Lit and Student Caucus attended a two-day conference at Queen’s University, put on by the Queen’s Law Student Society. The conference invited representatives of student government from all six of Ontario’s law schools with a goal of creating a draft constitution for a new body – the LSSO. The LSSO, should it be ratified, will seek to be the medium through which law students in Ontario can present a unified position (even if that position has a majority and minority opinion) to the Law Society of Upper Canada and to government, solely on issues that pertain to law students. Student Caucus will be holding a town hall to discuss the mandate of the LSSO and obtain student feedback on the proposed organization early next semester.

(3) Installing a dimmable lighting system [paid for by Osgoode] (4) Buying seven couches and five coffee tables [a cost of $14 700.64 shared equally by Osgoode and L&L] (5) Removing the glass panels from the middle of the room so that students have a more unobstructed view of the room [paid for by Osgoode] Affiliation with the Graduate Students’ Association York requires all colleges and professional student programs to affiliate themselves with either the York Federation of Students (YFS) or the Graduate Students’ Association (GSA). For the past three years, Osgoode had been affiliated with neither organization, leading York to withhold $20 000 worth of funds from L&L as an incentive to enter negotiations with either YFS or GSA. Due to the fact that Osgoode students are completing a postgraduate degree like other GSA-affiliated professional students (such as York’s Schulich Business students), L&L will be finalizing negotiations with the GSA and York this semester.

Club Funding This year, our club funding system was formalized. This, as previously mentioned, was an effort to inform clubs of all the possible ways they could receive financial support from L&L, to increase efficiency, and to decrease any arbitrary allocations of funds. This semester we have already given out more than $15 000 in funds. Next semester, we hope to give out another $15 000 to be shared between almost fifty clubs.

Clothing Design and Sale

Updated Summaries

Our second year representative, Annie Chu, has finished designing some pretty snazzy Osgoode clothing. Some new items this year that you can look forward to are winter hats with pom poms, t-shirts with a student contest design, and wool cardigans with embroidered crests! We’re also bringing back some old favourites from last year.

Our VP Internal, Leeanne Footman, worked tirelessly to sort through almost 600 summaries collected from the past three years. The final collection of summaries will be very shortly updated to our new website for student use!

Increased Social Programming Last year, Thursday Pub Nights was a series of downtown events organized by several students, including our Social Convenor Alex Wilkins. The demand for frequently organized events where students can relax and chat was evident, as the pub nights were well attended. Thus, we incorporated the event series this year in our official programming. To supplement the pub night events, Legal and Lit instituted a theme night series to the JCR (which had to be equipped with a bar manager and several permits from York). From a Diwali celebration and an election night event to a Halloween pumpkin carve, JCR events have been well-received. We are excited to organize more events (such as next semester’s Arts Festival) that appeal to even more people!

Campus Safety This past semester, L&L attended several meetings of York’s Student Representative Roundtable and Community Safety Meetings in order to learn what steps York is taking in order to increase physical student safety and the culture of safety on campus. A summary of York’s safety updates can be found in a previous article written by our Equity Officer, Camille Dunbar. On December 3rd, York’s Senior Advisor, Policy, Operations and Communications, Robert Castle, will be coming to Osgoode in room 1001 to give a presentation regarding safety at York to any interested students. Student Graduation Photos Although not a flashy item on our to-do list, graduating students received an opportunity to take their official Osgoode grad photo. Oh god you guys… we’re graduating. the OBITERdicta


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student caucus

Submission to the Law Society of Upper Canada in response to the Pathways Report What follows is the full-length November 12 submission by Student Caucus to the Law Society of Upper Canada (LSUC) in response to LSUC’s Pathways Report on the future of the articling requirement. EXECUTIVE SUMMARY This memorandum is submitted on behalf of the Student Caucus of Faculty Council of Osgoode Hall Law School - an elected body of JD students. Student Caucus is the administrative and academic planning arm of Osgoode Hall Law School’s student government, the Legal and Literary Society. In drafting this response, Student Caucus consulted the Osgoode student body and has benefited from their written submissions. Unless otherwise indicated, italicized quotes contained in this document are taken from the submissions of Osgoode JD students. With respect, before outlining our response to the Pathways Report, we feel it is important to note the following: 1. Benchers are removed from the lived experiences, needs, and concerns of law students in today’s economic climate. Because law students are critical stakeholders in this debate and are able to give unique insights by virtue of their position, student input should be closely considered in the LSUC’s deliberations. 2. The discussion to date appears to be focused on the experience of larger firms and has not adequately considered practice areas that serve vulnerable communities, including the family, criminal, and immigration law bars. Both the Majority and Minority Proposals put these communities at increased risk. Overall, feedback from Osgoode JD students indicates an overwhelming opposition to the Majority Proposal. While students agree that the status quo is untenable, and that the current licensing system is not “transparent, objective, impartial or fair”, we have many concerns regarding the Majority’s recommended two-streamed, two-tiered solution. These concerns include, but are not limited to, the following: • The Majority Proposal will create a steep divide between students who article and students who are licensed through the LPP, particularly disadvantaging members of equity seeking groups. “As a member of the 2014 class, I object to being a guinea pig for an untested secondthe OBITERdicta

track process in lieu of articling. This process is grossly unfair and prejudices future employers against any students in this track.” “All the [LSUC and legal profession] diversity talk is merely disingenuous and selfcongratulatory. This is a proposal for a two-tiered system, which will perpetuate basic inequities in the legal profession.” • The Majority Proposal increases licensing fees for all students, adding more debt to an already historically debt-burdened cohort of law school graduates. “There are brutal hidden costs in this proposed regime. It forces already debt ridden students to stare down another 8 months of extraordinary costs: LPP tuition PLUS moving costs for non GTA/Ottawa students PLUS the cost of living in either Toronto or Ottawa for that time without work. It’s easily another $20,000 to $25,000 on top of what, for many, is around $100,000 [of] debt.” • The Majority Proposal only postpones a conversation that addresses the root causes of the articling crisis: the unwillingness or inability of small firms and sole practitioners to hire articling students, unsustainable enrollment increases at Canadian law schools, and the steady influx of foreign-trained NCA candidates to Ontario. “I fail to see any benefit from this proposition. It ignores the real problems - articling as an unsustainable practice, excessive law school enrolment numbers - and just shifts the solution to more student debt. The hidden costs of adding an effective fourth year to law school are profound and reprehensible in the current cost environment of entry to the profession.” The Minority Proposal is not ideal. However, it is preferable to the Majority’s. It is the opinion of Student Caucus, that the Minority Proposal adequately protects the public while providing a level playing field for licensing candidates, furthering the profession’s commitment to access to justice and equity. As a result, we respectfully request that the LSUC adopt the Minority Proposal. The remainder of this memorandum closely examines elements of the Majority and Minority Proposals and identifies additional related concerns of Student Caucus.

A) THE MAJORITY PROPOSAL Unfavourable Aspects of the Majority Proposal 1. A two-track licensing system is, in fact, two-tiered and inequitable. As recognized by the Majority, a separate but equal approach to licensing only serves to perpetuate systemic inequalities. One student, echoing the position of many, remarked to Student Caucus that “the LPP will create a 2-tier articling system whereby equally qualified candidates will undoubtedly experience employer discrimination based on which training program they attend.” The potential stigmatization of LPP-licensed lawyers will divide the profession and disadvantage many new calls. Furthermore, the Majority approach will have disproportionately negative effects on licensing candidates who are members of equity seeking groups – students who are already disadvantaged under the current licensing regime. One student noted that the Majority Proposal is a two-tiered system “which will perpetuate basic inequities in the legal profession.” The same student opined that the reputation of the Law Society would suffer “when a disproportionate number of LPP students are found to be minorities, racialized groups, etc.” The LPP will perpetuate the systemic disadvantages that already face students from equity seeking groups. This approach unfairly stigmatizes members of historically disadvantaged groups in the infancy of their careers for failing to secure paid articling positions. 2. Increasing licensing fees will magnify socio-economic barriers to entry into the profession. Students are entering and leaving law school with historically high levels of debt. Increasing licensing fees increases student debt which, in turn, reduces diversity in the legal profession and restricts access to justice by increasing the downstream cost of legal services. Furthermore, additional fees negatively affect students considering a career in social justice: “Most of us are in debt. Personally, I’m going into social law, where I won’t make a lot of money. The thought of supporting this program is frustrating to me.” Despite advances in the remote delivery of curriculum, students remain concerned about possible relocation costs if the » continued on next page monday - nov 26 - 2012


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student caucus

Submission to the Law Society » continued from last page

LPP is offered only in Toronto and Ottawa. Students are divided as to whether or not the costs of the LPP should be borne by all candidates entering the licensing process. Some believe it is unacceptable to expect students who have secured articling positions to pay for the LPP, while others agree that the costs of licensing should be shared by all candidates, particularly those who are gainfully employed and best able to pay. This difference of opinion further suggests that a two-tiered licensing system will divide the profession and stigmatize students unable to secure an articling position. 3. The Majority approach postpones or defers dealing with the underlying causes of the articling crisis. Articling reform must seek to minimize the racialized, gendered, and socio-economic inequalities and inequities that are underlying and prevalent factors in the articling crisis. Law school and the licensing process should be student-centric – focusing on student learning and skills-development – rather than increasing enrollment solely for the purpose of growing law schools. The skills acquired during articling can be developed at law school through the implementation of mandatory practical and experiential learning programs. These programs provide important hands-on experiences and help ensure that new calls are confident and competent lawyers. There is reason to believe that firms, operating as businesses, will have little incentive to hire articling students if the LPP existed as an alternative. This would increase the number of students entering the LPP, which would further increase licensing fees. Furthermore, the Majority fails to address most of the problems it identified with the articling system, a system it recommends continuing. 4. It is unclear how those who are licensed through the LPP will be received if they decide to practice in a jurisdiction outside of Ontario. Students are concerned that legal professions outside Ontario might not recognize the training candidates receive through the LPP. Favourable Aspects of the Majority Proposal The LPP would alleviate students’ fears of being unable to become licensed after 3 years of legal education. The LPP would ensure monday - nov 26 - 2012

that all law school graduates are able to practice law in Ontario, assuming other licensing requirements are met. B) THE MINORITY PROPOSAL Favourable Aspects of the Minority Proposal 1. The 2-3 month pre-licensing program levels the playing field for all law students. The one-track licensing process advanced by the Minority ensures that all students start their careers on an equal footing. The Minority Proposal eliminates the prejudicial effect a two-tiered licensing system might have on equity seeking groups. The effect of the Minority Proposal is to further the legal profession’s commitment to equity and access to justice. 2. The Minority Proposal puts less financial strain on students. Unlike the Majority, the Minority Proposal does not download the cost of a solution to the articling crisis onto students. The proposed pre-licensing program is shorter than the proposed 8-month LPP, allowing students to start their careers earlier. A pre-licensing program would not require students to relocate to Toronto or Ottawa, further reducing costs. In passing, law societies in many common law jurisdictions – like in the United States, where the JD is also a second-entry degree – are able to protect the public without relying on a 10-month articling program. Unfavourable Aspects of the Minority Proposal Students are concerned that if articling were abolished it might reduce the willingness of law firms to pay students’ licensing fees. Abolishing articling would reduce mentoring and experiential education opportunities for students. However, as already mentioned, lawyering experiences can, and should, be delivered through the law school curriculum. C) SUPPLEMENTAL POINTS AND CONCERNS 1. Insufficient time to respond to the October 25, 2012 report Although the Law Society should be credited for webcasting its most recent convocation, given that students are critical stakeholders in this debate, students felt that there has been inadequate time for consultation. The November 12, 2012 deadline to submit responses to the Pathways Report and October convocation left little time to solicit feedback from students, especially as this season in the aca-

demic year includes reading week for upper year students, in-firm interviews, and exam preparation. Irrespective of the outcome of the November 22, 2012 convocation, students believe that further options should be considered and request a voice in deliberations and the implementation of any new program. 2. Law school enrollment and international accreditation While it is understood that law school enrollment is beyond the regulatory powers of the LSUC, students believe this issue must be revisited. The LSUC, in its broader management of the profession, should open a dialogue with law schools to determine what enrollment numbers are sustainable – an issue at the heart of the articling crisis. Secondly, it may be in the interest of the profession to analyze the actual impact of foreigntrained law students coming to Ontario at the early stages of their careers. Can the number of entry-level NCA candidates be managed without restricting access for experienced foreign-trained lawyers immigrating to Canada? These are larger issues that the LSUC appears unwilling to address. However, in our opinion, these realities must be faced if the articling crisis in Ontario is to be fully resolved. 3. Alternative ways to pay for the licensing of lawyers Students recognize that implementing a new licensing regime will involve many risks and, possibly, new costs. The question is, as always, who should pay? Could licensing fees be carried by a combination of students and all practicing lawyers? Expanding the base of payers would have the advantage of lowering costs for those least able to pay – highly indebted students. Again, this alternative was not sufficiently considered in the Pathways Report. CONCLUSION The Majority Proposal should be rejected because it creates a two-tiered licensing system – separate, but not equal. Furthermore, it adds financial stress to already indebted students in a way that will reduce diversity in the legal profession and restrict access to justice and lawyering in the public interest. Finally, because students are critical stakeholders in this debate and have a unique and vital perspective, the LSUC is urged to consider student responses carefully when deciding the future of the legal profession in an area that directly impacts emerging and aspiring lawyers. the OBITERdicta


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opinions

Pardon the clarification DANIEL AKINBOSEDE Contributor

This piece is intended to serve as a contrarian perspective and partial rebuttal to the Op-ed entitled “The death of hope and change,” the writer characterised the political campaign of Mr. Obama as “hardly hopeful…[h] ardly impelling change”, “devoid of new ideas or a meaningful plan to restore economic prosperity” and based on “divisive rhetoric against those who have achieved success”. But the critique that I found to resonate the most is the assertion that it is “an economic policy inconsistent with Keynesian economics”. The policy proposals of Mr. Obama, most notably the economic stimulus plan, are inarguably and innately epitomic of Keynesian principles. The subsequent dilution of these proposals in a futile attempt to appease recalcitrant Republicans (and in a hopeless effort to foster bipartisan relations in governing) is what critics refer as “un-Keynesian economics”. The President can hardly be held responsible for this misrepresentation. Keynesian economic principles dictate that aggregate demand is the driver of economic activity. Building on the free market theory of Adam Smith, it follows that the more people seek the satisfaction of their wants and needs in the market place, the greater the number of producers and suppliers who seek to meet this demand. A recession is a period of declining demand, the result of which is a reduction to production and supply. This, in turn, brings about a reduction in the demand for the inputs required to facilitate production and supply (all of which are connected to labour either directly or indirectly). A persistent state of declining demand for labour means a decline in the resources available to workers to participate in the market as consumers, propelling a further reduction in supply. To counteract this downward spiral, Keynesian economic principles propose increased government spending in times of economic recession. This can be done through public work projects, increased public sector hiring or direct transfer payments to consumers. When consumers have the means to purchase, they will do so. When the number of consumers grows, suppliers will seek to increase production levels by hiring more workers, thereby creating more consumers. An indisputable example of the effectiveness of Keynesian theory is the increased spendthe OBITERdicta

ing of the American government that halted the Great Depression. These actions helped create largest middle class on record, in addition to a prolonged period of national prosperity. The economic stimulus called for by Mr. Obama proposes a reduction to the tax burden of middle and lower classes, among other provisions. The Republican party opposes the plan and has fought vehemently to have the policy enacted reduced in size and substance. Republicans have also called for a reduction of the upper tax bracket rates in addition to austerity measures, under the guise that the national deficit is in desperate need of abatement. There are several problems with Republican reasoning on this score. Firstly, increasing the amount of disposable income available to the more affluent members of society is not stimulative. Any additional income the lower and middle classes receive will likely be directed towards increasing their consumption. Considering their basic necessaries of life have been met, this reasoning does not apply to upper income earners. Instead, they will likely save excess income; a behaviour which is not economically stimulative. Secondly, as it pertains to the deficit, Keynesian principles suggest an economic recession is the perfect time for increased government expenditure. Interest rates are significantly lower in recessionary periods. The cost of borrowing therefore becomes negligible. Repayment and debt reduction à la austerity should be contemplated only in periods of pervasive economic prosperity. Moving onto criticisms levelled at the campaign, characterising the message of Mr. Obama as qualitatively akin to a dearth in inspirational content is simply confounding. If a political campaign is warfare, the victor will always be in the best position to adapt to changing dynamics. You can’t play soccer to win a football game. Where the goal is winning, it is necessary to beat one’s opponent at their own game. Mr. Obama, by propounding the fact that Mr. Romney is a systematic prevaricator and an unapologetic opportunist, presented himself as the favourable alternative. Obama’s explicit message placed an emphasis on accessible and affordable methods by which the lower and middles classes could “get ahead”. But, just as importantly, implicit in Obama’s por-

trayal of Romney was the juxtaposition of their positions on various issues. Though Mr. Romney’s campaign addressed prevalent socio-economic issues, it was often comedic in substance. Has his campaign been successful, The effect of his proposals would have resulted in an erosion of gender equity provisions, gay rights, social programs beneficial to lower class individuals, and would have created a greater societal wealth gap. The Republican campaign message overflowed with psychologically satisfying platitudes disguised as policy solutions. It burst with an inexhaustible supply of indecorous monikers that described Mr. Obama’s policies. Ultimately, it deliberately targeted a small, vulnerable group: the impoverished, unemployed and otherwise desperate electorate, preying on their susceptibility to be uninformed or misinformed. The avaricious platform fuelling Mr. Romney’s campaign, well financed by a seemingly inexhaustible supply of ignoble billionaires, was soundly repudiated in the election. His message of ‘you can eat your cake and have it too’ thankfully proved too simplistic for a voting majority. You can make the argument for reducing tax rates across the board to increase the amount of each taxpayer’s disposable income. You can also make the argument for increasing government expenditure in view of strengthening social programs. You cannot, however, make the argument for both, especially not as the path to deficit elimination.

The Social Media War » continued from page 3 things out of necessity that most of us would neither have the courage nor the desire to do. Heroes do not display their weakest human moments because it displays a part of themselves that they desperately wish did not exist. Ignoring the beast is the best way to kill it! This is not exclusively aimed at the IDF’s Twitter feed. Islamic militants are guilty of similar offences to human dignity. Don’t lose your own humanity by choosing a side. When it comes to the moral high ground in any conflict, it is likely that both sides have opened the “gates of hell” and made their way down to the deepest part of the inferno where the light of justification’s fire no longer burns. It is time to turn our backs (morally and politically) on the fields sown with barbarism and hate, and let the farmers reap the monday - nov 26 - 2012


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arts & culture

Obiter Holiday Movie Guide: SNOW-TACULAR! MAXIMILIAN PATERSON Arts & Culture Editor Are you stressed yet?! Well, you will be! That’s right, the semester is almost over and all that studying and note compiling you haven’t done since the first week of September has now come to bite you in the brain. I bet you barely have enough time to read this article! We at the Obiter Dicta Arts & Culture Section are here to tell you that there is plenty of light at the end of the tunnel. It is important to relieve stress during these harrowing times, but we do not support stress relief through the traditional methods of weeping, lashing out at loved ones, or alcoholism. We suggest more serene methods of relaxing, like watching movies. That is why we are constantly reminding anxiety ridden 1L’s that when all of this exam period madness is over, there will be plenty of sweatpants, gluttony, and holiday cheer to make them feel like real humans again. That is why we have compiled a list of some of the most beloved holiday flicks available. Think of this as our way of letting you know that “it gets better.” So here are some movies for you to watch when you can’t possibly look at another dissenting opinion, or when you walk away from your last exam and throw your summaries away. So put on your worst Christmas sweater, make some hot chocolate and stack up the gingerbread cookies, because these movies will lull you into the first long winter’s nap that won’t result in intensive teeth grinding.

There are really two versions of this movie, the animated version and the live action version by Ron Howard featuring Jim Carrey. Both are excellent choices for snuggling up and watching on a cold winter’s night and both contain the amazing “You’re a Mean One, Mr. Grinch…” song. This movie is a crowd pleaser and there are jokes for everyone, the tall and the small.

Die Hard (1988)

Nightmare Before Christmas (1993) The debate has never been concluded whether this movie belongs in the Halloween or Christmas category. I don’t see why this movie can’t fall into both categories. Either way, it’s so good it lets even the most militant fans forgive Tim Burton for Dark Shadows and Charlie and the Chocolate Factory. Ernest Saves Christmas (1988) Yup! Ernest does it again! This time he starts the movie as a taxi driver who rushes a client to the airport. After mowing down some Asian businessman’s luggage, he makes a quick getaway with Santa Claus in tow. You can imagine the madness that ensues! Watch this classic for a good chuckle and a lot of quirky Ernest mishaps. A Christmas Story (1983)

Charlie Brown Christmas (1965) This is a classic. It is pretty much the patron holiday movie for all people living in bachelor or one-bedroom apartments. This is because the only Christmas tree you can get your hands on is closer to resembling a twig than a tree, and there is usually a really dirty kid hanging around playing an upright bass (I live in a weird apartment). Also, Vince Guaraldi’s soundtrack to this film is holiday gold! The Grinch Who Stole Christmas (animation 1966 – live action 2000) monday - nov 26 - 2012

wares.

This movie is the story of a child’s relentless quest to obtain a gun, and a father’s unhealthy obsession with sexually suggestive home furnishing. The Obiter does not condone child soldiery, nor the collection of lusty house-

There is no reason why an action movie can’t also be a holiday movie. In my books, John McClane is right up there with Rudolph and Frosty for the all-time most beloved holiday characters. This is a great movie to watch with a deep bowl of eggnog and a deeper bottle of whiskey. This is also a great movie to prepare us all for the realities of the careers that await us. We can all look forward to spending December 24th at a booze drenched holiday party trying to protect our clients from losing hundreds of millions of dollars and never seeing our kids. Jack Frost (1998) Basically Michael Keaton is a musician who dies and his soul is transferred into a snowman so that he can help (read: haunt) his son. The shocking part is that this isn’t the darkest film with this title. One year earlier, in 1997, a movie called Jack Frost was made that chronicled the life of a serial killer who was genetically mutated into a killer snowman. Each of the movies feature a main character that is very poorly constructed with special effects, and both movies follow equally unwatchable plots. The only difference is whether you want to sit through an hour and a half of cheesy Christmas themed murders, or Michael Keaton as a snowman. Your choice.

The Muppet Christmas Carol (1992) Singing Muppets. Michael Caine. Rizzo the Rat. » continued on next page the OBITERdicta


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arts & culture » continued from last page

don’t smell like Santa.”

Tiny Tim. Everyone wins with this movie.

‘Nuff said.

Miracle on 34th Street (1947, 1994)

Rare Exports (2010)

Both versions of this movie are endearing and heartfelt. The only difference is that the newer version has Matilda and the old guy from Jurassic Park in it. The newer one also has a very hunky Dylan McDermott, and he plays a lawyer. Talk about a dreamy holiday!

If you are looking for a thrill this holiday, look no further than this Scandinavian horror flick. After a deep, horrible secret is uncovered by a mining company in Finland, it is up to a band of rural hunters to get to the bottom of whether Santa is naughty or nice. (Spoiler alert: he’s naughty!)

Home Alone (1990) Nothing short of magical. Thanks, John Hughes and Chris Columbus.

Family Stone (2005) My mom really likes this movie. I can see the charm in it because it has Luke Wilson. He’s so charming that if you filmed him doing his taxes for 3 hours, people will still blush and make comments about how whimsical he is. This movie also has two of my favourite leading ladies in it: Claire Danes and Rachel McAdams. If you don’t cry at the end of this movie, then it’s quite possible that you have no soul. It’s A Wonderful Life (1946) This movie IS Christmas.

Elf (2003) “I like smiling, smiling’s my favourite.” “Buddy the Elf, what’s your favourite colour?” “You stink; you smell like beef and cheese; you

(who plays a prostitute with a heart of gold) takes off her top, and the second is when Dan Aykroyd dresses up as Santa and steals a smoked salmon at a party hosted by the business that fired him.

Trading Places (1983) Eddie Murphy and Dan Aykroyd have their lives traded by older rich men for a bet. Basically this movie turns out to be a social experiment that backfires. There are two memorable scenes from this movie. The first is when Jamie Lee Curtis

The Santa Clause (1994) Tim Allen turns into Santa Claus after the original Santa dies by falling off his roof (a personal injury lawyer would have a field day with this one). He then gets fat and is wanted by the police. I feel like there is a joke here, but I can’t think of one right now…oh wait! Why don’t we just call this “The Amanda Bynes Movie”…zinger! Either way, hopefully at least one of these movies can ease up some of your stress either now, or when all of your exams are through. From everyone at the Obiter we wish you a very happy exam break, and even happier holidays!

Theatre review: a Rare Mix of dance for beginners Rare Mix is a collection of four dance pieces put on by 12 dancers from the Toronto Dance Theatre, a contemporary dance ensemble that performs primarily For their second trip to Canadian choreogthe theatre on March raphy. The pieces are 8th, your mock trial profrom the company’s ducers began the night repertoire and showwith a candlelit dinner case choreographic at La Palette ending at works created from Spencer Bailey’s apart1968-2012. The two ment with his cat Boston, ensemble pieces (Four some whiskey, chedTowers & Vena Cava) dar and onion flavoured are classical “Martha chips, and shreds of Graham” contempona’an bread. In between, they watched some LEFT TO RIGHT: HILARY, SPENCER, AND QUINN rary modern, a style that was developed in dance! Resident dance GO FOR A NIGHT OF DANCING AND GET TING the early 20th century aficionado Hilary chose CREEPED. as a rebellion against the dance piece, and introduced Quinn and Spencer to her favou- classical ballet. The oldest and newest pieces rite art form, as well as a new friend at inter- (Against Sleep & Étrange) are more experimenmission (more to follow on this one). Along the tal and featured smaller groups of dancers in way Spencer and Quinn learned about modern less structured routines. QUINN HARRIS, HILARY FENDER, SPENCER BAILEY Contributors

dance, the human body, and, more importantly, about themselves. the OBITERdicta

SPENCER: The show was in the Fleck Dance Theatre, which is on the third floor of the

Queen’s Quay terminal right down by the lakefront. The theatre is remarkably attractive, but you wouldn’t expect it to be nestled into this shopping mall-style building. It had an attractive chandelier, bar, and an art gallery. For $15 student tickets, it’s a great bet for a night out on the town. We sat down in the tall, darkened theatre and I immediately realized I don’t know the first thing about dance. I had the feeling that by the time I was done watching the show I would be an aficionado, but at least at the beginning, I leaned over to Hilary and asked, “So, what is dance? What am I looking for here?” Hilary gave me an explanation somewhere along the lines of “it is expression,” which helped only moderately. Of course, after watching the show, I know that is probably the best explanation I could have received. HILARY: The first piece, Four Towers, was a really great introduction to the show. It was a classic Martha Graham style work, full of breath, core work and symbolism, and all of the » continued on next page monday - nov 26 - 2012


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features

The Happiness Project: Reframing and finding motivations CASS DA RE Features Editor There is a lot of concern about lawyers and their mental health. You’ve seen the statistics and rankings that put lawyers at the bottom rungs of the proverbial ladder. Lawyers are more likely to abuse drugs and alcohol, become depressed, commit suicide, get divorced, quit within the first five years, change careers, and wish they had picked a different career. On the happiness scale, lawyers rank side by side with dentists, accountants, roofers, and other notoriously unhappy professions. Lawyers work long hours on painstakingly detailed work. They work under pressure and deadlines; imposed by clients, the court, and superiors. They work within a hierarchical structure; where there is always someone looking over one’s work, waiting and watching. Mistakes in the legal world are not unfortunate mishaps, but actionable wrongs that may expose an individual or the firm to liability. What is more terrifying and unhappy than being sued? In addition, clients often expect a lawyer to solve their problems, both legal and non-legal. Did I mention, they expect this to be done immediately? Client relationships are a critical component to lawyering. Not all clients are happy people, not all interactions are pleasant, particularly if the lawyer is not prepared to tell the client exactly what he/she wants to hear. There are many uncomfortable and difficult conversations to be had. Quite the rosy picture of our future, isn’t it? What is it about the legal profession that has

warranted such an unhappy portrait? Some have suggested that the law profession attracts unhappy people, addictive personalities, and sadistic natures. I must strongly disagree with this hypothesis. Think back to the first days of orientation week. Remember the brightly coloured t-shirts, the wide eyes of wonderment, the nervous laughter, and the perceptible buzz of excitement. Every year, the new classes of law students that grace Gowlings Hall do not exhibit such pessimistic characteristics. I refuse to believe that people who work so hard to get to law school did so hoping to be unhappy. Quite the opposite is likely to be true. We pursue this career option (hopefully) because there is something about the profession that we believe will make us happy, that there is something that we love. If you are reading this and subconsciously shaking your head; if you can’t think of anything in the practice of law that may make you happy; if there is nothing that you love, that excites you, that motivates you to wake up in the morning; I ask, why did you come to law school? Why do you want to be a lawyer? What are your motivations? Why are you here? There are many theories in reference to the gray, dark cloud that seems to perpetually loom over the profession. My happiness hypothesis is that it all starts right here. It starts with the reasons why students choose to enter law school. If those rationales (that need not be reasonable) ultimately align with one’s personal practice of law, one will find happiness, peace, enjoyment, and satisfaction. If those original reasons are impossible, unfeasible, unrealistic, or empty, the inevitable disappointment will prevent one from ever moving to a happier place.

Theatre review: a Rare Mix » continued from last page dancers were extremely grounded and centered. This is completely necessary to pull off Graham’s style with any sort of conviction, as every dancer appears strong, and full of a central energy. There are no throwaway movements. As much as modern dance is a breakaway from balletic form, dancers trained in the Graham style are by no means “freestyle” or any less technically gifted. Four Towers was an optimistic and touching number featuring two beautiful soloists as well as a more melancholy trio. This piece is more “dance-y” and appeals to those of us (myself included) who love the aesthetic qualities of dance as well as the expressive. For me, dance is beautiful because any time there is more than one body on stage, the choreographer and dancers are attempting to mold two, monday - nov 26 - 2012

For example, a common driving force for entering law school is “because my father was a lawyer,” or “my parents always wanted me to be a lawyer.” It is a laudable motivation, and one wishes to honour the wishes of one’s parents. Unfortunately, living someone else’s dream or following someone else’s path never leads to personal fulfillment. Therefore, these reasons for entering law school cannot create or encourage happiness. For another example, a driving force of fame and fortune is feasible, but not substantial. Its nutritional value for one’s mental health is that of a gummy bear. Money and means are legitimate professional goals. Such goals are demonstrative of ambition and a willingness to work hard. However, if E!’s True Hollywood Stories series has taught us anything, it is that you cannot buy happiness. Alas, not all hope is lost for the lost souls. For those who came into law school for reasons that do not speak to one’s growth, development, life goals, or happiness, you are not doomed to a depressiin existence of desk job dreariness. However, you will be required to reframe your perspective. The legal profession is a difficult world to be a part of. Hence it is vital for one to be well grounded in one’s personal convictions of joining such an institution. Your happiness challenge is this: find conviction. Find reasons for being here that are conducive to your future happiness. When, one day, your daily life is in line with the way you envisioned living your life in law school, you will (hopefully) also find happiness.

last week`s crossword

or three, or fifteen different human bodies into a cohesive piece of movement while concurrently using each dancer’s particular strengths to convey the magic of the piece. I was explaining to another friend who was going to see the piece that there is no “right” way to watch dance. Every time I see a piece, I fall in love with one of the dancers and inevitably end up focusing on him or her while alternatively watching the work as a whole. QUINN: The second piece, Étrange (French for “strange”), was just what the title suggested. A piece for three dancers with minimal lighting, and music that would be best described as sound, it was the newest, and for me, the most adventurous piece. Since the dancers remained » continued on page 13

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1) Zilch [NIL] 4) Place for exercising [GYM] 5) Surname of Fred and Wilma [FLINSTONE] 6) A short snooze [NAP] 7) Anna Wintour's publication [VOGUE]

Down

1) "The Social _____" (2010 film) [NETWORK] 2) Famous district in Seoul [GANGNAM] 3) Pumpkin-based desert [PIE] 4) First book of the Old Testament [GENESIS]

the OBITERdicta


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news

Too little » continued from cover of preterm births in the United States has risen to 12.03%, a high number considering the preconception of a higher standard of medical care and lower rates of infections. However, due to adequate neonatal care of preterm babies, the mortality rate is significantly lower in proportion to other nations of similar preterm birth rates. Research in this field is substantially difficult, as premature labour is not necessarily an unnatural occurrence, and is influenced by myriad contributing factors. In fact, the causes of near 50% of all preterm births are never known, but some identifiable culprits are proposed to be behind a good portion of them: fetal endocrine activation, placental abruption, decidual bleeding, and intrauterine infection. Medical terminology aside, these can be under-

Existential crisis » continued from cover When Sartre claimed that we are “condemned to be free” he had given up on the notion of any type of guiding principle from a higher power. Human beings became fully responsible for any meaning they derive from life, and thus, necessarily, for finding their “home.” That is, we have the choice to be who we want to be and live in good faith in our decisions. After rejecting those old values, we have the power to shape our own role in the world. The next step in this progression is into Postmodernism. Its goal, as Modernism continually reborn, to paraphrase Jean-François Lyotard, was to create meaning by combining and incorporating into our lives’ fragmentary sources of knowledge and guidance in new and different ways. It turned meaning-finding into a game: we had to keep on experimenting with new ways of being, thrust into a state of continual becoming. Postmodernism formed out of the need to put an end to tyranny—to do so, it pushed everything out of the centre—so that even the littlest voices could be heard. It was a time for new ideas, new movements, new roles to be fulfilled. But when our little voices spoke out into the centre, they went unheard. When we’re all on the outside, no view is privileged, no view matters. It left us hopping around on the outskirts, with the unintended consequence of never being allowed to settle down into a place and role we could call home. But today, in my view, we have found the solution to the problem Postmodernism created. We have the OBITERdicta

stood to be conditions arising from the part of the fetus and/or the mother that causes an abnormality in pregnancy leading to an early initiation of labour. A preterm baby is defined as being under 37 weeks of gestational age. The dangers of preterm birth arise from the fact that an average human fetus undergoes a crucial stage in the development of organ systems from weeks 34 to 37, and, beyond this point, reaches adequate maturity to survive outside the womb. The pulmonary system is one of these crucial systems insufficient in premature babies, requiring the use of ventilators upon premature birth until their lungs are capable of operation. Proposals for educational programs and changes in policies include informing women of the risk of smoking, and the importance of proper nutrition and prenatal screening to identify uterine infections. These should not only help in improving preterm birth rates, but also for the general health and well-being of all pregnant women. begun to clear space around us. We have turned away from the centre and into each other. When we enter into a new role our concern is focused on the power to perform—to sincerely and genuinely express ourselves through the work that we do. Our little voices grow stronger as they move out into a shared space of meaning, become heard, and are reflected back at us with encouragement and support. In making decisions about our lives, we look for space that allows for the ability to be who we are, through our own narratives and ones we can identify with. We want to share our stories, laugh, and as we settle in, have the strong desire to feel comfortable again in our own skin. The decision to go to law school is the intersection of our stories. But that doesn’t mean we have abandoned our pasts. It’s easy to forget what motivated us to come here in the first place. The concern over grades and the B-curve, OCIs, and articling positions compound our fears that choosing law was a mistake. We need to transform law school: from being the tyrant controlling our lives into a shared space of growth—a world to experiment with new things in the continual development of our voices. Reflect for a moment on what we’ve all been doing. We’ve joined clubs that pursue the causes we support; we’ve made friends with people who share our values; and hopefully, we take time to enjoy our hobbies. Remember to appreciate your stay here so you can turn Osgoode Hall Law School into your home. I’m not claiming I’m onto something particularly insightful. I’m just offering up a little reminder on what is so easy to forget at times. The base of my message is this: stay positive, stay strong,

The care for preterm babies is, in many ways, effective and available. For example, UN experts say that simple and inexpensive antiseptic creams to prevent infection, steroid injections to help fetal lung development, and antibiotics to control infections, can help preterm babies survive. The real issue is the accessibility of these simple treatments. Dr. Howson from March of Dimes, a collaborating charity for the report, said that 90% of preterm babies in low-income countries do not live beyond the first few days, while in high-income countries, only 10% of preterm babies will die of complications. Like health care in general, inequalities in distribution of care are high across the world. But, as your correspondent sees it, ignorance is the greatest enemy and inaction is the deadliest weapon. As we train an eye to see the wrongs in the world, with a curiosity and passion to back our actions, we can help change the world one step at a time. turn to the source of meaning in your life—stay empowered! When I reinterpret the Kierkegaard quote above in our contemporary context, that’s how I read it: as you accept yourself and keep yourself rooted in whatever functions as God in your life, you won’t lose sight, you won’t lose faith; keep on emulating the person you genuinely want to be. Recall our Ethical Lawyering discussions on role morality and creativity. Lawyering does not have to be about being a hired gun or playing the role of the heartless professional. If we worked at incorporating ourselves into the profession, we could come up with creative solutions to making the world a slightly better place. We all want to succeed as law students. As we move into exams, don’t forget: there’s always some wiggle room. Through the stress, let yourself show, even just a teensy bit, even for a moment. As an exercise, go through the steps the development of existentialism has taken. Ask yourself the following questions: “What inspired me to be who I am? (Kierkegaard)”; “Do I need to re-evaluate the life I have been thrust into? (Nietzsche)”; “What kind of person have I chosen to become?” (Sartre); “Have I incorporated into my life the new ideas I’ve been exposed to? (Lyotard)” “Have I made a space for myself that allows me to share who I am?” (You) So when you lose sight, are stressed out, and begin asking yourself what you’re doing here in the first place, take a step back, remember who you are, and spend some time recreating the space you love to find yourself in. It’s important for your happiness and sanity (and you’ll be thanking yourself when you get your degree). monday - nov 26 - 2012


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opinions

Hamas is the chief obstacle to peace THOMAS MASTORAS Editor-in-Chief Hamas terrorists are entirely to blame for the current round of violence and suffering in Israel and Gaza. As it stands, Hamas is the chief obstacle to peace between Israel and the Palestinians. Equally, Hamas is a critical barrier to Palestinian statehood. To the extent that Hamas terrorists control Gaza – impoverishing their own citizens to advance a nefarious ideology – peace will not be forthcoming. Canada’s strong support for Israel in this conflict must be applauded. As part of its naked anti-Semitism and calls to genocide, Hamas refuses to recognize Israel’s right to exist; in fact, it calls for its outright extermination. This is nothing short of an existential challenge. And it is critical to remember that the current hostilities were preceded by over 800 rocket attacks by Hamas against Israeli citizens. To be clear, these are indiscriminate rockets fired at major population centres, with the express goal of taking innocent life. Whereas Israel undertakes every effort to avoid the loss of innocent life – and laments civilian casualties – Hamas openly celebrates the death of innocent Israelis as success. Any discussion about proportionality must begin there. No country should be forced to tolerate this state of affairs. Beyond a mere right, the state of Israel has a duty to protect its citizens and defend its existence.

lem. It is currently impossible to negotiate a tenable solution as long as Hamas is in control. Through the use of human shields – that is to say, intentionally engaging in violence while sheltered by civilians, schools, mosques, and hospitals – Hamas is exacerbating the suffering of, and concurrently oppressing, Palestinians. A Hamas rocket actually landed in the West Bank near a Palestinian village. Ab s olute ly nothing can justify this conduct. In contrast to H a m a s , Israel is targeting military infrastructure and H a m a s’ leadership. Its efforts are directed at reducing Hamas’ rocket arsenal and military capacity while functioning as a deterrent against future attacks. These are legiti-

mate goals. A state must take direct measures in order to defend its citizens, particularly against a terrorist enterprise dedicated to killing Jews and wiping the world’s only Jewish state off the map. Israel is undertaking painstaking efforts to minimize civilian suffering, including dropping leaflets over Gaza warning civilians to avoid Hamas and military operations. At the same time, it pours money into humanitarian relief in Gaza. Whereas Hamas is backed by Iran and Syria, Israel enjoys the support of liberal democracies around the world. Of course, there is no panacea in this intractable conflict. Like all democracies, Israel, for its part, is imperfect. But unlike in Gaza, there is widespread internal debate and criticism of the Israeli government. That is requisite in a healthy society. As such, Canadians should ask themselves this: do we stand with Israel, its democratic values and its human rights? A state where basic liberty is protected, religious freedom is fundamental, and the rule of law is paramount? The answer is that we must. The values of Israel are the values of Canadians. The values of Hamas are repulsive to Canadian ideals. A just and lasting peace with Israel, with an independent, prosperous Palestinian state, is the antithesis of Hamas’ goals and radical ideology. And yet these are the goals and interests of Israel, of Canada, and of the global community. And while Palestinians undeniably deserve a state of their own, achieved through direct negotiations with Israel, a brighter future for coming generations will not be achieved so long as Hamas is in control.

Indeed, Hamas has become sufficiently cavalier in its behaviour as to target Jerusalem for the first time. Its disdain for human life and our shared human history is alarming. Hamas is prepared to risk the destruction of its own holy sites and the deaths of innocent Palestinians in a city that is fundamental to both parties. As the New York Times reports, even Saddam Hussein avoided targeting Jerusalem out of fear of killing Palestinians or destroying sacred religious sites. Hamas is incapable of reaching even that very low bar. To be sure, Hamas is aggravating the suffering of its own people and standing in the way of any prospect of peace. Hamas is part of the prob-

monday - nov 26 - 2012

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page 13

Theatre review: a Rare Mix » continued from page 10

relatively stationary in small areas of light, it really gave you the opportunity to study the form of the human body, and their movements, ranging from robotic to grotesque, were a test of their physical endurance and contortionist ability. I think my favourite “move” was where one dancer was standing still and moving his tongue, while another replicated the waves of the tongue with his entire body. What does it mean? I don’t know. But I really like imagining what the rehearsal process might have been like… “no, no, a little slower with the tongue movements, yes, now the lights will go down here, and come back up and you’ll be riding him like a horse.” I can only assume that, since I don’t understand it, it was brilliant. SPENCER: At intermission, a man named John (who somewhat resembled Buster from Arrested Development) approached us as we were leaning over a table and discussing the finer points of the first two dances. Our conversation went something like this: John: Excuse me, but are you a dancer? Hilary: Yes, actually I am. Well, I used to dance but now I just do it for fun, we’re all in law school. John: I knew it, I can always tell a dancer. And what’s your name? Hilary: Hilary. John: Hilary what? Hilary: Fender. John: Fendro?

Hilary: Uh, yes. John: Oh, Friendo. Hmmm, that must be Latin? Hilary: I don’t know. I think I’m Canadian, pretty far back. John: Hilary, I can tell you are very spirited, by your gestures. I bet you are going to be a litigator. Hilary: Maybe, that is definitely one of my interests. John: Yes, litigation takes lots of energy. I can tell you are a warrior. I mean, I don’t mean to call you a war-monger, I mean you are a warrior. Hilary: Oh. Right. Haha. Thanks. John unfortunately did not take too much interest in Quinn or myself, only pausing to remark that Quinn’s use of the word “schtick” meant that she was intelligent, as the use of a Yiddish word by a young person is a sign of intelligence, and to note that I had the “physique of a dancer.” Naturally, the lesson learned from our interesting encounter was that when you take a night out to a fine artistic event, you never know where the entertainment will come from. QUINN: Feeling emboldened by John’s affirmation of my intelligence, I settled in with a more critical eye for the second half. The next piece, Against Sleep was my least favourite of the night. This duet is described as an exploration of the temptation of suicide. To explore this theme, the piece focused more on symbolic imagery than on technique, but for me the seducing “devil” character and the use of a large red cloth to

arts & culture

invoke the idea of death felt a bit tired to me. It was kind of like a lame version of a high-concept So You Think You Can Dance routine, but with less impressive dancing. Though I suppose I shouldn’t be too critical, since it was likely revolutionary (if not mildly interesting) for its time – the choreographer, Patricia Beatty, might very well have been the Mia Michaels of 1969. That and my only qualifications as a reviewer come from a few years of dance better characterized as “awkward flailing” at Miss Victoria’s Ballet School, and of course some dedicated couch time watching SYTYCD. But let’s not forget my ability to pepper conversation with the appropriate Yiddish word or two, ok? HILARY: I still wonder what I would have had to do to convince John that I was much more than a warrior and, in fact, actually a war-monger. Maybe if I had been a bit less agreeable, or insisted that he refer to me by my real last name. I think he was calling me Friendo on purpose to test my character. Vena Cava was as it sounds: a blood pumping and energetic ode to the musicality and celebration of dance. Like Four Towers it was inspired by the music of composer Robert Moran and has groups of dancers connecting with different layers of the music. The male soloist in this piece was a dynamo. Maybe even a warrior. Either way, he looked great in a kilt (what all of the male dancers were wearing… but his was especially form-flattering). In conclusion: I love Dance. Was this my favourite set of pieces? No. Was John the best half-time show I’ve ever seen? Resoundingly yes. Howhow Toronto Dance Theatre.

duty to warn Movember

ered for the contest.

If you haven’t already, head over to the Osgoode team’s mo space and make a donation to support prostate cancer research. If you think about it that way, it won’t seem like you’re supporting the growth of moustaches. The page is located at: http://ca.movember.com/ team/582557.

The best moustache wins a $150 donation to their mo space from Obiter Dicta. If you’re in second place and looking for that push to put you in the lead, this could be the angel investment you were hoping for.

The Obiter’s Movember Contest If you think you’re a contender for best mo’ at Osgoode, if your friends tell you you’re a contender, or even if your mother tells you you’re a contender, show your face at the Movember JCR pub night or submit your ‘stachiest photo to obiterdicta@osgoode.yorku.ca to be considthe OBITERdicta

The deadline for submissions is December 1 at noon. Don’t miss out. JCR Pub Nights November 28: Movember. This will be the last hurrah for some ‘staches, while others will endure, their owners now convinced of their face fur’s attractive potential. December 5: Holiday Pub. This will be

the JCR’s last hurrah for 2012. Bid your classes, friends, and mental health farewell. IPOsgoode Speaker Series On November 27th, join Justice Marshall Rothstein of the Supreme Court of Canada for a presentation on the Court’s 2012 copyright decisions. Presentation takes place at 12:30 in Room 2003; lunch will be served. On the 29th, join Justice Roger T. Hughes of the Federal Court for a presentation on advocacy skills and intellectual property law. Presentation takes place at 3:30 in Room 2027. RSVP for both events at iposgoode.ca/ rsvp using event codes “Rothstein” and “Hughes.” monday - nov 26 - 2012


page 14

sports

Welcome to Lexington DANIEL STYLER Staff Writer The Kentucky Wildcats are the defending champions in NCAA Basketball. What is happening at the University of Kentucky, though, goes beyond winning championships. They are completely changing the landscape of college basketball and making all other programs (despite their recent loss to Duke) appear irrelevant by comparison.

the Final Four two seasons ago. Drake speaks glowingly about John Calipari, suggesting that he inspired him to finish high school after dropping out to pursue his career in entertainment; the Toronto rapper received a personalized championship ring from last year’s victory. Back in 2010, he said that he “took a lot of planes to see a lot of games.” Just a couple of weeks ago, Calipari excitedly tweeted a picture of him and Charlie Sheen, hanging out at a Cincinnati Reds

because of the players Calipari recruits. In his first three years, he had the top recruiting class. This year, his fourth, he had the second best. And yet all of this recruiting success, by all accounts, will pale in comparison to next year’s incoming class. Within the span of a month, Calipari secured three of the top six 2013 recruits, and another prospect ranked inside of the top thirty. He’s not done yet, though. There is

The mastermind behind this transformation is John Calipari, the polarizing former coach of both UMass and Memphis. He isn’t polarizing because he’s not likeable (he is) or because he can’t coach (he can). He’s polarizing because he is the best recruiter of high school talent in the country, and that scares people. It scares people because his immense and perhaps even startling success (given the relative lack of prestige of the basketball programs at the respective schools) at UMass and Memphis has often been overshadowed by allegations of improper benefits received (Marcus Camby at UMass) and fraudulent SAT examinations (Derrick Rose at Memphis). Whatever his involvement in those scandals (he was not implicated by the NCAA for the incident at UMass), one thing is clear: when it comes to recruiting talent, it is John Calipari and then everyone else. From the moment Calipari was hired in March 2009, anyone who knew anything about college basketball knew what his hiring would do to reenergize a floundering program that was desperate for success. Plagued by the inept coaching of Billy Gillispie, Kentucky had missed the NCAA Tournament in 2008-09. This type of failure may be commonplace for many basketball programs around the country, but not at Kentucky. Not at a school that has won 8 National Championships, participated in 15 Final Fours, and compiled the most wins of any program in NCAA Division I Men’s Basketball history. John Calipari was just what the program needed, and he has delivered. He has used a combination of Kentucky’s prestige, his ability to market the program to top tier high school athletes, and his famous friends to return Kentucky basketball to the top. On the topic of famous friends, LeBron James stopped by to play a game of pick-up basketball with the Wildcats during the NBA lockout last year. The NBA fined Jay Z for visiting the team in their locker room after the team advanced to monday - nov 26 - 2012

JOHN CALIPARI AND SOME OTHER GUY

game; he was nervous to meet Sheen, but Sheen greeted him with “I know you. Good to finally meet you.” It’s impossible to quantify how much this helps, but it certainly can’t hurt. 18-year-old high schoolers are probably going to like the fact that the man that is recruiting them has really famous connections. Knowing that LeBron James, the best athlete in the world right now, considers Calipari a close friend probably makes his selling of the Kentucky brand at least a little bit easier. It’s not just celebrities, though, that makes Kentucky basketball so relevant right now. There is substance: they win. In Calipari’s first year as coach, the team made it to the Elite Eight. In his second, they made it to the Final Four. And in his third, last year, they won the Championship. What is most amazing about the team’s success is the fact that the star players from each team have bolted to the NBA and its promise of lucrative financial success after spending just one year at Kentucky. In 2010, the team had five first round picks. In 2011, they had four draft picks. In 2012, they had six draft picks (including the top two picks in the draft). And yet they keep winning. They keep winning

a very good possibility that he will secure at least two other top ten recruits from that class. Given his success at Kentucky, there is absolutely no reason to doubt him. It is true that having top-tier talent doesn’t guarantee winning. For those who think Calipari goes to practice, rolls basketballs onto the court, and lets the talent do all of the work, they’re wrong. He gets the most out of his players by being critical of them and never letting them believe the hype that surrounds them. This year’s team started the year ranked third in the country. When asked about them, he said that they’re probably about the eighth best team in their conference. Calipari teaches them to play together and to win for each other; he consistently gets recruits who have always been the best player on their own high school teams to forego playing selfishly in order to benefit the team. He also prepares them for the NBA, as evidenced by the team’s success on NBA Draft night over the past few years. John Calipari has guaranteed one thing in his time with the Kentucky Wildcats: the question isn’t whether they will win another championship, it is “how many will they win?” the OBITERdicta


page 15

features

A Little Sheep Told Me: Hair crazy ANGIE SHEEP Staff Writer My past articles have primarily focused on fashion in terms of clothing, leading me to realize that one vital periphery has indeed been overlooked. In this issue, therefore, I want to highlight another important aspect of one’s professional “look” – hairstyles – because uniquely coiffed styles can brighten up any look and secure your polished image. This article was inspired by fellow Ozzie style icons, Lindsay Marie Bec and Hannah Biesterfeld, who always have impeccable hairdos that draw attention from their peers. They share their secrets behind their coifs below so every Ozzie can try out an effortless yet sophisticated up-do at their next wine and dine event. Lindsay’s Donut Bun: Both of Lindsay’s styles are perfect for the busy Ozzies since they take less than ten minutes. The donut bun is extremely simple and the steps are illustrated in the tutorial below. It is also one of the most professional, versatile, and clean coifs that has been featured on countless runways. All you need is an elastic, bobby pins, and the sponge circle (left), available at most hair accessories stores. A little hairspray might also come in handy to secure those fly-aways. Lindsay informed me that the sponge comes in 3 different sizes, so make sure to select one that matches your length – the longer the hair, the bigger the sponge. Step 1: Make a ponytail with all your hair. Step 2: Thread the ponytail through the sponge. Step 3: Begin wrapping 1 inch sections of your hair over the bun and securing it into the ponytail with bobby pins. Step 4: If your hair is longer, like Lindsay’s, wrap the ends around the base of the ponytail before securing it. Step 5: Continue sectioning and pinning your hair until every strand is neatly in place.

Step 6: Show off your beautiful bun. Lindsay’s Circle Braid: For those of you who are more adventurous and love texture, the circle braid is an ideal option. The finished product looks refined and impressive, yet, as Lindsay has affirmed repeatedly, it really does not take more than 10 STEP BY STEP OF CIRCLE BRAID minutes to complete. What is better than an easy hairdo that exudes an air of you walk around campus. sophistication and leaves many in awe? A prerequisite to this style is the knowledge of French-braiding. If you are not familiar with this braid, there are countless tutorials on YouTube to peruse, and it is quite easy to learn. There are two basic styles of Frenchbraids: inner and outer; the latter is required here, so you must cross the middle strand of the braid over the outer strands. This is important since doing so will allow the braid THE TWISTY BUN IN ACTION to “pop”, adding volume and dimension. Step 1: Section off only the top half of your hair and begin the French-braid about half an inch from the back of your ear. If you are a lefty, start on the left side and vice versa. Step 2: French-braid horizontally across your head from one ear to the other. Only add hair from the top half that has been sectioned off in step 1, leave the bottom section for now Step 3: Once you have braided across your crown and reached the same distance (i.e. half inch) from your other ear, make a U-turn with your braid. On the way back to the side where you had started the braid, incorporate the bottom section into it until all loose strands have been secured. Step 4: Finish braiding the remaining tail and secure with a hair tie. Lindsay personally prefers clear Goody elastics since they are invisible and dependable. Step 5: Fill in the gap in between the two rows of braids (i.e. the “U”) with your braided tail. Depending on how long your hair is, you may need to tuck the end of the braid underneath the Frenchbraided part. Secure with Bobby pins.

STEP BY STEP OF DONUT BUN

the OBITERdicta

Step 6: Voilà! Enjoy stares of curiosity and admiration while

Ha n n a h’s Twisty Bun:

Some of you may remember Hannah from the Then & Now article, where she pulled her hair back to create that sharp professional look for the firm tour. She has shared her secrets with us in this issue and like Lindsay’s hairstyle suggestions, Hannah’s up-do can also be completed quickly and pain-free. Step 1: Section off a third of your hair at the front and pull it to the back of your head. Step 2: Give the section a half turn to create volume and secure it in place with bobby pins. Step 3: Gather all your remaining hair into a bun and pin that in place just below the halftwisted section Step 4: Finish with a maximum hold hairspray. Hannah personally favors L’Oreal Elnett Satin which provides reliable all-day hold. There you have it, Ozzies: some recommendations with elaborate instructions for your hairdo at the next event. I have always found it mind-boggling to think of different ways to wear my hair up, but with the help of Hannah and Lindsay, my “hair life” has become a lot easier. I hope it will be the same for you. One key thing to remember is the importance of a “clean” look. That is why I usually prefer to put my hair up for special events since it not only gets it out of my face but also radiates a mature vibe. Happy braiding, twisting, and pinning! monday - nov 26 - 2012


page 16

crossword Across

BY: EMILY GRAY

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1. Greating 4. Sow's home 8. Mineral-containing rock 10. Wildebeest 13. Honey maker 14. Hathaway and Heche 17. Electric Þsh 19. Hindu Festival of Lights 20. Time-keeper 21. Laker's league 23. Cat sound 25. Ben Affleck Film 28. At sea 29. Wise to

1. Short inhabitant of Middle Earth 2. Before, to a bard 3. Tommy Jones' middle name 5. Tic-Tac-____ 6. Get older 7. Dutch import 9. Dog sound 11. Flanders, to friends 12. Sparkling drink 15. What seven ate 16. Cabbage dish 18. Ice cream + soda 22. Machine, for short 24. "My bad!"

monday - nov 26 - 2012

1. Greeting 4. Sow’s home 8. Mineral-containing rock 10. Wildebeest 13. Honey maker 14. Hathaway and Heche 17. Electric fish 19. Hindu Festival of Lights 20. Time-keeper 21. Lakers’ league 23. Cat sound 25. Ben Affleck film 28. At sea 29. Wise to

1. Short inhabitant of Middle Earth 2. Before, to a bard 3. Tommy Jones’ middle name 5. Tic-Tac-____ 6. Get older 7. Dutch import 9. Dog sound 11. Flanders, to friends 12. Sparkling drink 15. What seven ate 16. Cabbage dish 18. Ice cream + soda 22. Machine, for short 24. “My bad!”

the OBITERdicta

Issue #7 - Nov 26 2012  

Obiter Dicta is the official student paper of Osgoode Hal Law School.

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