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ISSUE 1 - SEPT 4 2012 obiter-dicta.ca

Submissions are due at 2 p.m. on the Wednesday before date of publication. Please send your articles to: obiterdicta@osgoode.yorku.ca

Israel’s long rocky hills are not what one might expect when they picture the Middle East, but many histories seem to come alive here.

‘The Definitive Source for Osgoode News’ Summer Exchange: Geoff Goes to Jerusalem GEOFF GOODSON Contributor

As I write this article I am in a shierut (shuttle), from the Ben Gurion airport in Tele Viv to Hebrew University’s Beit Maiserdorf faculty club, which will be our home for the next month. The sparse palm trees and occasional bright flowers contrast against the ubiquitous side-reel running by my window. » continued on pg 5

Osheaga 2012: “Hotter Than a Hog in Heat” KAROLINA WISNIEWSKI Opinions Editor Photos by Rob Noehammer Editor’s Note: The Obiter Dicta doesn’t run in the summer but we couldn’t resist sending Karolina off to Montreal to cover what was perhaps the most well-attended Osheaga ever. Partially a consequence of its exponential surge in popularity within the last year, Osheaga 2012 can best be characterized by a series of stark juxtapositions: brilliant sets delivered by some of today’s most exciting musicians set against puzzling inclusions like Down With Webster; seemingly endless hours spent in soul-deadening queues only to experience the irreproducible rush of witnessing live music at its best; melting in weather that is “hotter than a hog in heat”, as one of the Black Lips aptly put it, and a mere 24 hours later being drenched, Old Testament deluge style; being simultaneously surrounded by Pitchfork praising music elitists and fratty bros crushing Bud cans on their foreheads.

As my first music festival, Osheaga also provided me with a steep learning curve. I quickly realized that my plan of bouncing back and forth between stages, catching half a set here and half a set there, was completely unfeasible. The two main stages of the festival were located in an open expanse near the entrance, while the remaining three were accessible only by a small path and two staircases. Traversing Jean Drapeau Parc, an exercise that should, in theory, take less than five minutes, often required half an hour. Bathrooms were a scarcity, and unless you were willing to exercise patience and seek out one of the few food vendors that offered something other than street meat, all important sustenance was very limited.

The Unreasonable Man’s Thoroughly Unreasonable Summer TRAVIS WEAGANT Editor-in-Chief

Some have criticized event planners for poor layout (I gave up on seeing any of the bands playing at the Green Stage, the furthest and most isolated of the five) and inadequate preparation for the unprecedented crowds that descended upon Jean Drapeau Parc.

I knew throughout my entire 8 months as a 1L that the summer of 2012 would be the last summer of my life. I don’t mean to say that I plan on departing this world before June 2013, but rather that the rest of my tenure as a postsecondary student is quite deliberately scheduled: 2L, summer at a law firm, 3L, bar exam, articles, real life.

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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

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Senior Editor-in-Chief: Nancy Situ Editors-in-Chief: Thomas Mastoras, Travis Weagant Business Manager: Kristina Bliakharsky Opinions Editor: Karolina Wisniewski Arts & Culture Editor: Max Paterson Staff Writers: Cass Da Re, Elena Iosef Crossword: Emily Gray Contributors: Geoff Goodson Layout Editors: Julia Vizzaccaro, Harjot Atwal, Devin Santos, Max Paterson Photography: Harjot Atwal Website Editor: Nancy Situ

Articles are due at 2 p.m. on the Wednesday before date of publication. The appropriate maximum length for articles is 1200 words. Please submit articles in Microsoft Word format via e-mail attachment 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 weekly during the school year, and is printed by Weller Publishing Co. Ltd.

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Welcome (and for those of you returning, welcome back)! Last year, Osgoode’s new Strategic Plan, “Experience Osgoode” was unanimously adopted by Faculty Council - http://digital. yorku.ca/i/59910. It represents a bold roadmap for the future. For students, the Plan highlights the importance of experiential learning, community engagement, accessible legal education and undertaking research which helps shape public debate. A key aspect of Osgoode’s ambition is the move to an experiential curriculum. The JD Class of 2015 entering Osgoode this Fall will be the first under this new curriculum, which includes the new “praxicum” element that will expose students to law in action and a new research and writing component.To support this new curriculum, this summer, we launched the Office of Experiential Education. The first of its kind in Canada, this Office will provide a centre of gravity for Osgoode’s diverse experiential programs. Kim Bonnar (’09) has returned to Osgoode to lead this Office, and also to take the lead in the Career Development Office. Kim is ideally suited to the task, having worked hard to establish Osgoode’s pioneering Mediation Intensive Clinical Program here as a student. Experiential learning takes seriously the entire student experience, not just what happens in a classroom or clinic, or what gets graded and assessed. For this reason, Osgoode is also adding a first ever Student Success and Wellness Counsellor. Melanie Goela (’03) returns to Osgoode to provide students with her expertise, resources and support. We also have arranged with York University’s Counselling & Disability Services(CDS) enhanced access to mental health services for Osgoode students. Osgoode’s commitment to mental health extends far beyond the Law School, with collaborations involving the Centre for Addiction and Mental Health (CAMH), RISE Asset Development and the ARCH Disability Law Centre, among others. In 2011, we moved into the wonderfully transformed Law School premises – the Ignat Kaneff Building. The renovated and new spaces have enhanced Osgoode’s community in a vari-

ety of ways –from the showcase ADR Centre, to the sun-drenched JCR, to the spacious, state-ofthe-art Law Library. For this year, we are looking to integrate the building more fully into the research and teaching culture of the Law School – for example, turning white walls into canvasses for photography and exhibitions, using classrooms as performance space for theatre and concerts, etc. This aspiration also dovetails with the Law/Arts/Culture initiative at Osgoode, which includes a speaker series and blog (http:// lawartscult.osgoode.yorku.ca/), with more to come. While the new building and new initiatives continue to reshape the learning environment, Osgoode’s enduring strength continues to be our community, and the unparalleled dedication of our students, staff, faculty and alumni. This year we have a rich infusion of new blood in key roles, including Professor James Stribopoulos, our new Associate Dean, Professor Kate Sutherland, our new Associate Dean, First Year, Mya Bulwa who is now Assistant Dean, Students, and Phyllis Lepore Babcock, our new Executive Officer. We also will be joined this year by newly minted Professors Hengameh Saberi and Andrée Boiselle. With so much that is new and changing about Osgoode, it is important not to lose sight of the importance of continuity. 2012 marks my 20th anniversary since graduating from Osgoode. The shift towards digital legal education was pure science fiction then (exams were still written by hand, and faculty did not yet have email addresses). While much has changed, the bonds that tie together the Osgoode community continue to resonate – especially the desire to see law as a journey to justice. Your years at Osgoode will be shaped by continuity and change. Ultimately, however, your law school experience will be what you make of it. I hope it provides for you the same wealth of opportunity, challenge, support and sense of purpose that is has provided and continues to provide for me. For updates on my take on life at Osgoode, including an elaboration of some of the themes touched on here, please check out my blog at http://deansblog.osgoode.yorku.ca/ or follow my twitter feed @DeanSossin. the OBITERdicta


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features

The Importance of Networking ionista” and you follow Z lawyer’s fashion blog, make the connection!

WESLEY FORGIONE Osgoode Alum

4) Take, keep and organize business cards. Note on the back the commonality you shared with the individual, where you met them, what area of law they practice and any other pertinent information. 5) Keep a detailed list. I use the “Stickies” app on my MacBook, but Excel would work just as effectively Maintaining your list: 1) Go through your list every few months and reconcile with your email. If you haven’t made contact with an individual for a while, send an email saying “Hi hopefully things are well . . .” 2) Use your EQ in setting the tone for communication. If the individual you are contacting is more formal, then communicate more formally. If the last conversation you shared involved laughing about drinking stories, then it’s probably safe to be a little more informal. Still, always keep professionalism in the forefront.

As I am writing this article, I am staring at the list of 10-15 lawyers and other professionals with whom I have connected since graduating from Osgoode and with whom I maintain an ongoing relationship. I began this list during my second year OCI’s to keep in contact with the firms and people with whom I shared a common professional interest. This list expanded as my law school journey progressed. Through this article, I hope to assist students who wish to develop a similar list (if you haven’t started one already) and to share with you how I maintain these relationships. The ability to network will undoubtedly serve us well as young legal professionals. Among the buzzwords we acquire as law students, the most pervasive are “Grades,” “Cases,” “Mooting,” “Extra-Curricular,” and “OCI’s.”

Italian Advocates Organization). CIAO is a collegial organization of Italian lawyers across Canada. CIAO has not only provided me opportunity to get involved in the community, but it has also provided me with the opportunity to network and get my name out there for when it’s time to apply for jobs. 3) Don’t be shy! When you meet people, try to exercise your EQ and find commonality. If you are in X lawyer’s office, and you see a snowboarding poster on the wall, make the connection! If you love World of Warcraft and you can’t help but notice Y lawyer has a “Dark Elf ” keychain, make the connection! If you’re a “fash-

3) Exercise humility and respect. These individuals are likely taking time out of their busy schedule to communicate with you. 4) Don’t harass. Send a follow up email here and there to let the contact know you’re still alive, but don’t hassle. A simple “Happy Holidays” or “Hey, I have been following X case you’ve been involved in, here are my two cents.” 5) If the individual stops responding, don’t sweat it! There are plenty of fish in the sea. 6) If the conversations become friendly enough, invite the individual out to coffee. This will provide some good face-to-face time that will help you nurture the relationship.

The term “Networking,” and its relative importance, seems to have received much less attention. Networking will not only help you learn about different areas of law, but it will help you make friends and contacts when your job search begins in earnest. Beginning your list: 1) Take advantage of events offered through the law school, including meet and greets, lectures etc. Ask for cards, make a good impression, and if the connection is there, follow up! 2) Join organizations to which you might have familiarity. For example, I joined an organization affectionately known as CIAO (Canadian tuesday - sept 4 - 2012

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features

The Happiness Project: Get Organized, Osgoode CASS DA RE Staff Writer Summer makes us happy. It may be the increased Vitamin D intake, the great weather, the slushy cocktails, and/or all the extra free time. It is easy to be happy in the summer; quite simply, there is a lot less to be unhappy about. There are no goliath readings, exam summaries, essays, interviews, icy roads, or pressure-filled demands. Of course, since you are reading this, summer days have past. The warm, rosy glow of the August sun has set, only to be replaced by the cool and awkward tone of fluorescent lighting. It’s back to school, and somehow, it’s not as fun as the commercials make it seem. Alas, not all hope is lost. There are things that you can do to make the summer to fall transition a little easier, and thus make yourself a little happier. Osgoode, your Happiness Challenge is this: Get Organized. There are number of psychological benefits to being mindful and creating order for oneself. While you may not enjoy cleaning out the junk drawer at your desk or rearranging your bookshelf, the final result will provide a sense of achievement and immediate gratification. Studies show that organized people are happier. A number of explanations have been proffered to explain this causal relationship, such as: Organized people work more effectively and complete tasks quicker, thus providing a sense of accomplishment - Organized people gain a sense of inner peace through outside order - Organized people are less likely to procrastinate and miss deadlines, thus avoiding reproach - Organized people are more likely to earn more money and be promoted more quickly - Organized people benefit from a heightened sense of control and power - Organized people live longer and are more conscientious, which is commonly cited as a factor in “life happiness” Regardless of the exact reason or formula hypothesized, the bottom line is: establishing order in one’s personal and professional space will have a number of positive benefits, one of which is happiness. The start of new school year is an excellent time to revamp your organizational system. The academic term is fast, stressful, and always busy. Therefore, it is particularly important to invest a little extra time in these first few weeks of school to ensure long-term success.

Trademark’s syllabus, and this year’s timetable? Organizational experts, (yes, that is a real job), have a number of suggestions to get you on the right (and uncluttered) path this year. As part of this week’s Happiness Challenge, pick at least one of the following principles of organization, and stick to it. The key to organization is constant conscientiousness, which is easier to do than to say. At the end of the day, you will have a much more attractive workspace and happier state of mind. 1. Calendar

too linear. Nevertheless, it is worth a try. Experts recommend having three types of lists. List 1: The Master List, include all the important tasks that must be completed in the forthcoming month. List 2: The Today-To-Do List, start each workday by identifying the tasks that you wish to finish before heading home. List 3: The Minutia, for any big project or meeting, assemble a list of all the necessary components or steps. 3. Go To Staples or Your Local Office Store It’s easy to get organized. Any local office store is full of binders, dividers, file folders, file folder containers, regular containers, tabs, hooks, boxes, labels, labeling machines, and the list goes on. Do not over-accessorize your office, locker, or desk to look like a window display for back to school shopping.

While it is great that you can set up class time alerts on your phone, use desktop post-its for appointments, and carry around syllabus for due dates; this multi-categorization of times and dates is not the most effective method. Experts suggest using a singles calendar system, whether virtual or hard copy. Find one system in which you enter everything. Yes, everything. This may be a tedious process, but it is the only way to guarantee that no deadline is ever missed, no meeting time is ever mistaken, or reading is left unread. Some people like big tacky dry erase marker plastic calendars, others prefer the classic picture-month paper style, while the more tech-savy are loyal to their desktop schedule. Whatever your preference is, the key is to include every important matter and constantly update to ensure accuracy. 2. Prioritize and Use Lists Prioritizing is a physical and mental process. For an example of physical prioritization, items that are used most often should be stored in the top desk drawer or in the front of one’s locker. Likewise, less essential items hold a less prominent physical space. Mental prioritization most commonly manifests itself in the form of lists. Not everyone responds to lists, for some circular and out of the box thinkers; lists are simply

However, select items may greatly increase your level of organization. Make conscious decisions about what is necessary, make a list (see Tip 2), and do not deviate from the list. This means, if you have a pencil sharpener at home; do not buy extra pencil sharpeners while you’re in the check out line, even if they are on sale for only a dollar. Fight the urge; remember being organized is about being conscientious and mindful. 4. Clean Up Your Desktop When you flip open your laptop, are you faced with an army of tiny square folders and documents? If so, it’s time to clean house and hard drive. Law students are constantly using technology to study and work. Therefore, it is equally important to keep these devices organized and ordered, as a desk or office space. Like a real desk, create file folders on your desktop, and create sub-folders for independent projects. In addition, develop your own naming and categorization system. For example, how will you know what version or draft of a paper you are working on if it is called “Property Paper?” Keep things simple and decide what works for you. Be consistent and precise, and you will never lose a lecture or memo again. And who wouldn’t be happy about that?

In the upcoming days, try to reassess your organization system. Is it working for you? Do you find yourself with a stack of papers at the corner of your desk that may or may not contain last month’s electricity bill, a Holiday Card, last year’s tuesday - sept 4 - 2012

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features bust of the president of the supreme court and a photo of the rothchilds donating the building

Geoff Goes to Jerusalem » continued from cover Everywhere, box-like buildings seem to be made from the same grey stone, which causes the architecture to appear almost like a military compound, blending in with the other dusty hues of the rocky desert. The many high fences and assault rifles don’t help this impression and I feel there is a certain sense of foreboding in this country, although the people are extremely friendly.

the supreme court We are here for Osgoode’s Israel summer program. Many of us thought that our courses would “interfere with our vacation” and this apprehension was partially true as it was difficult to juggle school and sight-seeing. However, much of the work was very rewarding. Hebrew U exposed us to some extremely unique perspectives in the field of law and economics, which were fascinating and chal-

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lenging (especially for a bone fide math dropout like myself.) But, more important in my mind and especially if you are considering this opportunity, Professor Harpaz’s Public International law class will certainly be for you. Harpaz grappled with the difficult legal history of Israel with such great sensitivity to the many stakes involved, both internationally and domestically. He was an even-handed guide to the intricacies of one of the most contested sites in history and truly, to navigate this legal landscape was fascinating, eye-opening and perplexing. But I’m not going to lie, my mind wanders easily here and I had trouble concentrating on my studies. Israel’s long rocky hills are not what one might expect when they picture the Middle East, but many histories seem to come alive here. Jesus is preaching on the mount of Olives, or walking through the desert in sandals. Mohammad is ascending to the heavens from the dome of the rock. The old temple is rising over us and the Romans are coming back to haunt the far reaches of their empire. And all this in the shadow of a suicide bomber, unequal civil rights, or equally so, in the shadow of the holocaust and the Jewish struggle for nationhood. Israel is a teacher that says do as I say but not as I do. Its history and religious heritage speaks to humanity’s reverence for life in the starkest of environments, but also shows us how humanity can turn in on itself in conflict. But then again, the country is so many things to so many people. I would highly recommend taking the trip and having the experience for yourself. the OBITERdicta


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arts & culture

It’s TIFF Time, What Are You Going To See?! and it’s a wild time-travelling journal reading extravaganza. I can’t make heads or tails of the trailer, but anything that Tom Hanks touches is good in my books. Apparently Hugh Grant is in it too…I didn’t even know he was still around. Just between Grant and Hanks, I imagine this movie is like Notting Hill and You’ve Got Mail mashed up and that is why I am recommending it. Maybe I’m setting you up for failure, or maybe that’s exactly what this movie is like, go see it and find out. MAX PATERSON Arts/Culture Editor

do on tour or do anywhere”, so for Peaches to push the envelope like that, it says a lot.

This time every year Toronto is invaded by some of the world’s best filmmakers and brightest stars, as people pour into the city for the Toronto International Film Festival (TIFF). For TIFF newbies, selecting the movies you want to see, long lines, confusing schedules, odd show times, and unbuttered popcorn, can all provide for a unpleasant experience. However, with adequate preparation and foresight, you can tackle the festival monster with ease. The first decision you must make is which movie you want to see. The TIFF website (www.tiff.net) has made selecting show times and planning schedules a simple process. You can also sign up for the highly recommended TIFF<3R (www.tiffr.com), a website that allows you to create a shortlist and schedule by bookmarking films on the TIFF website.

At Any Price Um…Zac Efron as a racecar driver…nuff said. You can film the back of Zac Efron’s head for 5 hours and I’ll still pay $13 to see it…DREAMBOAT!!

Bad 25 A documentary made by Spike Lee about Michael Jackson’s “Bad” album. I’ve listened to that album like a million times (actually I’ve never listened to it), I don’t think I need to hear what Kanye, Cheryl Crow, Mariah Carey, or Cee Lo Green have to say about it.

Here’s a list of suggestions of which films to check out over the festival’s ten-day run: Peaches Does Herself You might remember Peaches as the crude musician that Johnny Knoxville lip syncs to in Jackass 2 as he dresses up like an old man. This movie seems to be a younger and more transsexual extension of that performance. Coming off a hot one-woman performance in “Peaches Christ Superstar”, Peaches has upped the ante with this movie by taking nudity and pink to a whole new level.

However, if you want to hear a bunch of egos talk about ‘Smooth Criminal’, ‘Man in the Mirror” [I really like that song], and the craziest man on earth, then this is right up your alley.

Great Expectations Remember that super thick rambling book in high school you had to read, well someone made a movie of it.

You can go see this movie, or you can do the same thing you did in high school, go to the beginning and the end of the movie, and if anyone asks you questions just talk about the use of imagery and overarching themes of the industrial revolution. How To Make Money Selling Drugs YES! This film will steal the heart of all moviegoers as this hour and a half documentary uncovers the realities of drug dealing. This documentary goes to the source and spills the truth on modern day drug dealing by interviewing known figures whose lives have been influenced because of selling drugs. In addition to Woody Harrelson, 50 Cent, Susan Sarandon and Eminem, “Freeway” Rick Ross* is interviewed about how he created his gigantic drug empire. No doubt this movie will be the “Supersize Me” of 2012.

Cloud Atlas This movie has Tom Hanks and Halle Berry,

*”Freeway” Rick Ross is not to be confused with the rapper Rick Ross. Basically there are allegations that the rapper stole “Freeway’s” name. I swear, look it up. Peaches herself describes the movie as a chance to “do all the ridiculous things I could never tuesday - sept 4 - 2012

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arts & culture Osheaga 2012 » continued from cover Indeed, without a healthy dose of patience and flexibility, music festivals might feel like cruel and unusual punishment. No one loves relying on port-a-potties for three days, or spending hours being pushed, jostled and shoved in a sweaty crowd. However, as is the case with so many things in life, once I adopted an easy-going approach (no small feat for most law students) and was selective with how I spent my time (choose a few bands; you’re going to miss one of your favorites, just accept it), Osheaga was one of the most exhilarating and enjoyable experiences I’ve had in a long time. Despite seeing an upward of 30 bands in three days, none of the acts felt repetitive or redundant. Regardless of individual criticisms or preferences, that in itself is testament to the incredible talent that filled Osheaga this year. Most Predictably Awesome: Metric And who wouldn’t be, with the build up, lighting, smoke machines and night-time ambiance working in their favour? I shouldn’t overlook Emily Haines’ excellent showmanship, or the fact that James Shaw was one of the best guitarists I saw all weekend. Just one request: a little less heavy on the Synthetica propaganda, please. Most Predictably Solid, But Not Awe-Inspiring: The Black Keys Though undeniably catchy, I remain unconvinced that The Black Keys are doing anything innovative or exciting (with the exception of their rap/rock collaboration album Blackroc, that everyone unfortunately seems to have forgotten about). Their performance was made fantastic by the audience’s outburst of energy and excitement in the final moments of an incredible weekend, and some careful planning on the part of festival organizers to create an interactive light display. Neither, though, can be credited to this unremarkable duo. Most Heartwarming: Amadou & Mariam A massive kudos to organizers for booking these veterans of world music and offering a much needed change of pace from the otherwise pervasive indie rock and pop to be found at Osheaga. You know you’ve broken through genre barriers when a jaded hipster in a Justice t-shirt dances with reckless abandon to your West-African worldbeats. Complimenting

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the performance was Amadou and Mariam’s touching story of meeting decades ago at Mali’s Institute for the Young Blind, getting married, and spending their life making beautiful music together. If that doesn’t bring a smile to your face, I don’t know what will. Guiltiest Pleasure: Fun. Though I’m an ardent fan of Bombay Bicycle Club, I showed up late to their set partially because of a sick desire deep down, hidden away in a dark corner of myself that I scarcely admit to: I wanted to see Fun. There. I said it. In print. Their forced sincerity and painfully artificial kookiness (look at my funny outfit! and hair!) grew old really quick, so thankfully, I was still able to catch most of BBC. Biggest Fail: Dum Dum Girls Though not entirely the band’s fault, the painful sound check that cut way into their set was a massive downer. When nearly half of a 35 minute time slot is filled with mic tests, it’s difficult to take anything else away from the performance. Still, I remain hopeful that the Dum Dum Girls will return to Osheaga in 2013 and put on the performance we all know they’re capable of. Honourable Mention: Snoop Dogg (Lion?) Being 45 minutes late to your own performance is almost as unacceptable as calling yourself Snoop Lion. On the other hand, by Snoop Lion standards, that’s probably early. Biggest and Best Comeback: Franz Ferdinand Opinion has been divided on their last few albums, and they haven’t played a North American show in years. Naturally, when Franz Ferdinand were announced as part of the lineup, eyebrows were raised. Never mind the skeptics, though, because Franz Ferdinand proved they had lost none of the charisma and talent that made them successful in the first place. Though I listened to their set while battling shirtless linecutting bros for the ever-so-scarce sandwich, I was no less won over. There’s something to be said for a band who knows where their strength lies, and Franz Ferdinand capitalized on their tried and tested hits (Michael, Walk Away and of course, Take Me Out), rather than turning their set into a shameless plug for their most recent album (Metric, anyone?). BLACK LIPS

Honourable mention: Garbage One of the marks of a great performer is being able to engage audience members that aren’t already fans of your music. You couldn’t help but by pulled in by lead singer Shirley Manson, who, though well into her forties, can outperform many of today’s leading divas. Perhaps even more impressive is Garbage’s staunch adherence to their nearly extinct brand of nineties postgrunge. They are the definition of a group of artists fully committed to their aesthetic. Weirdest Outfit: The Weeknd A camo vest? Really? (Great performance, otherwise.) Most Likely to Succeed: Charli XCX There was lots of talk surrounding the lack of superstar headliners at this year’s Osheaga. Instead, festival organizers focused on stacking the lineup from beginning to end with a mix of tried and true favorites, purveyors of radio friendly Billboard hits and exciting up-andcomers. Falling into the last of these categories, Charli XCX showed everyone how opening a music festival is done – no matter the early timeslot or meager turnout that more self-important artists might have taken as an insult. The 20 year old Briton’s darkwave synth-pop provided for a dynamic and energetic set, culminating (though not closing) with a solid performance of the catchy Nuclear Seasons. Though she did seem slightly less polished than some of the more seasoned acts, this can be chalked up to growing pains that are sure to dissipate soon. Least Interested in You: The Walkmen “We’re The Walkmen, and we’ve come a really long way to be here with you”. Farther than Amadou and Mariam’s home country of Mali? Thank…you, I guess? These were lead singer Hamilton Leithauser’s opening words to the audience, and sadly, their condescending and arrogant tones were reflected in the remainder of the band’s set. It was difficult to shake the feeling that The Walkmen weren’t performing for the audience; they were deigning to show up at Osheaga, and you should feel privileged to stand before them. Shame, because the band’s musicality is stellar, and to say Leithauser’s vocals are powerful would be an understatement. Most Emotional: Florence and the Machine Florence Welsh specializes in her own brand of epic, sweeping orchestral pop. I was unfortunately buried far back in the crowd for this act, and being neither particularly tall nor patient, I didn’t make it to the end. But even judging from the pixilated jumbotron, it was inescapably clear that the band put its all into the performance. I thought it might’ve been a challenge to conjure up the ambience needed for the songs to translate. I was proven wrong, as were the critics who’ve given the band’s sophomore release a lukewarm reception; it was many of the tracks off of Ceremonials that the audience responded best to. Most Keyboards: Passion Pit TWELVE. There were twelve of them. Of course this was impressive, but it would likely do little to convert Passion Pit’s critics. » continued on next page the OBITERdicta


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arts & culture how to crowdsurf with a bag

which blends pop cultural trends in a heretofore unprecedented way. I know he wears shirts covered in Andy Warhol prints. I know he enjoys making references to sipping sizzurp at live concerts and isn’t afraid to dive heard first into the audience. I guess all that’s enough to tell me that he’s pretty awesome. Most Endearing Onstage Presence: Dan Mangan Dan Mangan couldn’t stop smiling as he played his set. He apologized for not speaking to the crowd more, since the festival imposed such severe time restraints on performers. Still, he found time to come down and shake hands with the front row. He invited his most enthusiastic fan onstage and hugged him. He apologized when he didn’t have a set list to give out. He watched on from backstage as heavyweights like The Shins performed, sticking around hours after he had finished his own set. By the end of the day, he felt like everyone’s best friend. Honourable mention: Of Monsters and Men Judging from the uproar it elicited, Nanna Bryndís Hilmarsdóttir had the audience in the palm of her hand when she proclaimed in her charming Icelandic accent: “You are so many! Thank you!”

» continued from previous page The divisive effect of the band’s saccharine melodies and lead singer Michael Angelakos’ recurring falsetto is undeniable. Whichever side of the debate one identifies with, Angelakos’ well documented struggles with mental illness lent his performance an immediately palpable tension and honesty. Best Band to People Watch To: MGMT Among other things, this performance renewed my appreciation for the hilarity that ensues when a group of people are all languishing in the effects of various mind-altering substances together. By leaving out their most obvious and famous track, Kids, MGMT turned our attention to their more experimental material, asserting that their identity extends beyond radio friendly synth-pop. Best Napping Soundtrack: City and Colour Maybe it was the rain, or the fact that the audience had been waiting all day for the highly anticipated performances that were to follow, but judging from the palpable lull, I wasn’t the only one who spent City and Colour’s set daydreaming about the return of Alexisonfire. Honourable Mention: Sigur Ros Though I have nothing against Sigur Ros, the band was an incredibly awkward lead up to the seizure inducing and head thrashing performance Justice put on. Most Bruise Inducing: Black Lips In retrospect, watching the Black Lips carry tuesday - sept 4 - 2012

A$AP ROCKY around a bottle of Jameson while setting up should have tipped me off. Alas, as I stood in the wooded clearing of the Trees Stage, I had no idea that the guy next to me was about to rip off his own shirt shortly before finding a new home for his elbow (the side of my head). The Black Lips know nothing if not how to work a crowd, and their energetic performance spawned one of the most, er, lively mosh pits I’ve ever seen. Sharing their beer with the audience (via throwing cans, as well as spitting all over the front row) didn’t hurt either. Biggest Disappointment: Young Galaxy Many refer to them as the most underrated band in Canada. There’s something about Young Galaxy’s synth-pop that feels very of the moment. Ethereal and uplifting, the instantly catchy We Have Everything draws parallels with M83 or a less annoying Temper Trap. But something just didn’t click during their performance. Maybe it was lead singer Catherine McCandless’ inability to fully commit to her pixie-goth onstage persona, or the unripe songwriting, which left much of the set feeling like filler. Most Trill: A$AP Rocky I don’t know much about A$AP Rocky. I know he played JFK to Lana Del Rey’s dual Jackie O/ Marilyn Monroe in her National Anthem video. I know he’s “trill” and a “pretty motherf*****” (because he reminds me on every track). I know that Pitchfork and Wu-Tang loving gangstas alike fawn over him. I know he’s got his finger on the pulse of the new wave of hip hop and R&B (along with The Weeknd and Frank Ocean)

Best Use of Props: Chappo My words would fall hopelessly short, so let’s quote the band on this one: “This is the debut of our volcano [pointing to a massive, black triangular mass decorated with gold and silver squares]. It’s an underwater volcano. We’re not underwater but you have to imagine it…collectively. Or individually. I don’t know; I just make stuff up on the spot…This is also the debut of seahorses. Underwater seahorses. They don’t exist on land. This is a song about…a shape shifter falling in love with an underwater siren” [cue dancers dressed as nymphs prancing around with cardboard cutouts of waves]. And this was all before the hula-hoop sized dream catcher. Most Confusing Bout of Crowd Surfing: The Shins I’m currently developing an extensive research project that will seek to prove the following hypothesis: Caring is Creepy is the least logical song choice for crowd surfing (surpassed only by The Hokey Pokey and Franz Schubert’s Ave Maria). Biggest Improvement: Santigold Despite my highest hopes, I was underwhelmed by the end of Santigold’s first song. Her highly stylized act didn’t fit with the festival setting, and the choice to play LES Artises, Creator and Say Aha all within the first half gave the impression that she was too eager to please. However, once she focused on material from her sophomore album, Santigold performed with such energy and near-flawless execution that she soon had everyone’s attention. One of the great things about live music is how quickly a performer can turn a mediocre concert into an outstanding one, just by committing. As she closed her set, powering through the last few bars of Big Mouth, it was inescapably clear: Santigold had stolen the show. the OBITERdicta


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editorial

The New Obiter Dicta I remember picking up my first issue of the Obiter Dicta sometime during an O-Week lunch break two years ago. My initial thoughts were probably somewhere along the lines of “what does ‘obiter dicta’ mean” and “how does anyone have time to read this during law school much less produce its content?” But as every IL eventually learns, the scarce amounts of spare time we are afforded are best spent on something enjoyable - and I can say without hesitation that both reading and writing for the Obiter is highly enjoyable. The reading part is a no brainer. Articles written by Ozzies are as insightful, creative, opinionated, and hilarious as the students themselves. I recall a classmate last year commenting on how beautifully written a certain series of fiction was (and it was). I

myself always looked forward to reading “The Unreasonable Man” column by Travis Weagant, who joined the editorial team this year and graciously agreed to continue the series (see below). And, as many of you 2Ls and 3Ls know, Kyle Rees and RJ Walia’s “Fake It Or Make It” articles were almost legendary. Every year, the Obiter welcomes new and wonderful writers. For some, myself included, writing has always been a part of who they are and it seems only natural to continue the habit in a new environment. For others, contributing to the Obiter is a great way to simultaneously hone language skills and vent about concerns that only fellow Ozzies can truly empathize with. If you have something to say and want to be heard, I highly encourage you to submit.

(Deadlines are every other Wednesday at 2pm. Email submissions to obiterdicta@ osgoode.yorku.ca.) This year, the Obiter Dicta has endured a few more changes. Our website has been updated yet again with an integrated commenting system, crisp layout, PDF archive, and embedded Twitter feed (@obiterdictaoz). Our physical paper has been given a makeover as well for a more modern look. We have also moved to a biweekly distribution schedule so you can hold a truly quality paper in your hands. Welcome back, Osgoode and remember - let go and live in the moment because you can always read the details later in the Obiter.

opinions The Unreasonable Man » continued from cover

ing, but for some reason student loans just put me over the edge. I’ll move on.

Nothing, however, is as infuriating as my realizations about…

Not that this is some terrible problem or anything – I came here to become a lawyer, after all – but, nonetheless, I felt compelled to spend this summer doing something outside my field.

2. Air Travel While returning to Canada, I realized that I have experienced the sensation of lifting off of the ground in an aircraft precisely 31 times in my life. Some people find it terrifying; I find it kick-ass. Airplanes are a fast way to get from A to B; or, rather, they used to be. I boarded my 11AM flight from Paris to New York-JFK at 10:30. It was precisely at this moment that the French authorities decided to perform a random check on the plane to ensure that American Airlines was not cutting any corners on safety. Fair enough, you say.

3. Alcohol I spent a great deal of my time off this summer in Belgium, the land of milk and honey for beer lovers (which I suppose just makes it the land of beer). It is a fantastic and magical place where even monks got in on the brewing action, and, in fact, became its greatest exemplars. Their crowning triumph, a heavenly nectar called Orval, goes for about €1 per 330mL bottle. I also visited the Czech Republic, where quantity and quality of beer have converged upon a divine equilibrium, allowing one to purchase 0.5L of Pilsner Urquell for 29 Kč ($1.45). This is the price of beer in a bar. Half-litre bottles are also available in corner stores for 10 Kč (50¢). France is also famous for its wine, the mediocre specimens of which are available for €3, in a 750mL bottle. I do not need to rattle off the prices of the same beverages as available in Ontario bars and liquor stores. You all know perfectly well what they are, and that they are exorbitant. I have recently repeatedly heard the LCBO’s existence described as “morally indefensible.” It, and the provincial governments that benefit from its profitability, repeatedly describe it as an institution that promotes social responsibility. In other words, it exists to control alcohol consumption. Could someone, then, please explain to me why an organization created to restrict the consumption of the product it sells continues to advertise?

So, as those who care about my life (Hi Mom!) already know, I went overseas and became a tour guide at the Canadian and Newfoundland First World War memorials in the north of France. As it turns out, much of what I did there was very relevant to my career indeed, and both of my places of work are deeply important to Canada’s cultural memory; but those are both stories for another time. Today’s story is the story of how, over the course of my summer in Europe, I plumbed the depths of my own unreasonableness and discovered that it pales in comparison to that which I encountered over the past 120 days. I had the time of my life this summer, but sometimes you just can’t hold your tongue, especially when it comes to… 1. OSAP For anyone planning on undertaking the task of applying for student aid from overseas: don’t. Getting even your own income information in a timely manner from outside Canada is like trying to rob Fort Knox by accident. If you’re working full time while away, it severely compromises your ability to play games with an organization that, despite it being 2012, is apparently unfamiliar with email or international phone calls. I have no more to say on this subject, as my doctor has advised me to keep my blood pressure down. I’ve been eating healthy and exercistuesday - sept 4 - 2012

The inspection took 3 hours, a period that, as those of you who have visited France may have guessed, was replete with smoking breaks. This I can only assume, as I sat in my seat the entire time. Upon arrival, I had missed my connection to Toronto. The airline then transferred me to another of the Port Authority’s three major international airports to get me home, requiring me to endure the thoroughly arduous ordeal of traversing airport security in the United States. Israel, perhaps the most vulnerable state in the world to suicide terrorism, has never seen an outbound flight hijacked or an attack in an airport since instituting a security system that emphasizes the avoidance of the formation of crowds in airports, including security screening lines. I’m not going to be a grumbly civil libertarian and talk about how intrusive the American screening process is, because I don’t care. The Department of Homeland Security has every reason to be cautious, but couldn’t they make the procedure less exhausting?

Then again, I’m sure that the LCBO’s marketing director is reasonably talented and well paid. I shouldn’t talk: I do this for free and all I do is bitch. the OBITERdicta


page 11

careers The Career Development Office (CDO) is excited to announce a variety of new programs and services being offered to students for the 2012/2013 academic year. There are also a number of new faces in the CDO and we hope that both those new to Osgoode, as well as those returning, will come by and introduce yourselves. The objective of the CDO is to assist students in defining and achieving their career development goals. We are here to expose you to the wide range of career opportunities available and provide you with the tools you need to succeed. CDO Services: - Resume and Cover Letter review - Mock Interviews - Career Counselling - Success and Wellness Counselling *NEW* - Career Development Resources, Information and Programing - Success and Wellness Resources, Information and Programing *NEW* - Recruitment Programs and Job Postings - Peer Counselling Osgoode Legal Ease and the CDO Website Your first source for Career Development information should be Osgoode Legal Ease (“OLE”): here you will find job postings, the CDO programming calendar, important CDO announcements, and a vast resource library, including the newly updated and comprehensive 2012 – 2013 Career Guide! You can also book all of your counselling appointments through OLE. You can access OLE by linking through MyOsgoode or at https://law-osgoode-csm.symplicity.com/students. 1st year students will get an email with instructions on how to create an OLE profile. If you are an upper year student and are having any difficulty logging in, contact Asphine at ahusainy@osgoode.yorku.ca for assistance. The CDO website, also available by linking through MyOsgoode or at http://www.osgoode. yorku.ca/careers-development, also contains a variety of helpful resources, including the new Guide to Using Osgoode Legal Ease. Information Sessions and Programming The CDO is here to provide Career Development For You (CDFY) – an individualized approach to help you with your career development. We are planning a wide-range of information sessions and programs designed with this objective in mind. The CDO encourages you to attend CDFY sessions that are relevant to your career objectives. To help with your planning, we have categorized our CDFY programming into four Series, which can be identified on the Calendar as the following: Nuts and Bolts Series: providing you with the tools you need to succeed in your career - Social Justice Series: programing relating to public interest work - Career Paths Series: programming relating to career planning and development - Success and Wellness Series: holistic programing reflecting students’ needs and concerns throughout law school and beyond Check the OLE Calendar regularly for upcoming programs! tuesday - sept 4 - 2012

The Career Development Office Team Kimberley Bonnar - Manager, Experiential Education and Career Development kbonnar@osgoode.yorku.ca Melanie Banka Goela – Student Success & Wellness Counsellor mgoela@osgoode.yorku.ca Nicola Martin – Career Development Officer nmartin@osgoode.yorku.ca Asphine Husainy – Career Services Assistant ahusainy@osgoode.yorku.ca Location: Student Services Office (1012) off Gowlings Hall

legal & literary society ELENA IOSEF Legal & Lit President Welcome to a new year at Osgoode! Whether it is your first time here or your millionth, Osgoode will always have something new to offer. Legal and Lit (or L&L) in particular has worked hard this summer to make improvements to the Osgoode student experience. Here is what we want to share with you: Orientation Week 2012 Our Orientation Week Committee, led by chair Jon O’Kane and vice-chairs Stacy McFarlane and Carla Lamb have helped organize an amazing week for the incoming class! From a trivia night to a snazzy reception to top the week off, first year students have a lot of fun to look forward to. 1Ls: although you’ll be split off into sections and compete in various silly events against each other, please make an effort to meet students in other sections, as everyone in your year is worth getting to know. Everyone is a Gryffindor here. You were all chosen for a unique reason. I promise you, your first year experience will be easier and much more rich if you create a wide support group. I challenge you to use this week to forge new friendships and discover your voice in our community. Health and Dental Plan Cancellation As we mentioned in a previous e-mail, the L&L will no longer be providing a Health and Dental plan for Osgoode students. The 2012-2013 Executive came to this decision after debating the functionality and necessity of the plan and also after considering the results of last year’s referendum, which were overwhelmingly in favour of the cancellation. Creation of a Used Book Exchange Website. While nicely bound law books impress your grandmother, they make a sizeable dent in your student debt. Hundreds of students want to buy inexpensive used books, and even more students want to sell them. In order to facilitate these exchanges, we have created a used book exchange web-site. The site is free to use with your Osgoode e-mail address: legalandlit.ca/ books Updating of the JCR “But the school just finished the Junior

Common Room! What more could you do with it?” We say: “so much more!” This summer L&L consulted with the administration in order to make the space better suited to student needs. You can look forward to the addition of cable TV, an enlarged lounge area with couches, an updated music system and new lighting! Social Calendar This year’s Social Convener, Alex Wilkins, and the rest of the L&L exec and student clubs will be working together to create an updated social calendar. Look forward to this change in the upcoming semester. We have also come up with interesting event ideas and can’t wait to share them with you! Increased Mental Health Support for Students Although there are psychological services available on campus, York’s services are limited and very strained. L&L lobbied for student mental health support to be prioritized, and was happy to learn that the administration had created the position of an Osgoode-specific student success and wellness counselor. Osgoode found who they were looking for in the approachable and supportive Melanie Banka Goela. She can be reached by e-mail at mgoela@osgoode. yorku.ca and by phone at (416) 736-5597. Legal and Lit, along with the Mental Health Law Society will be working with Ms. Banka Goela in order to organize several events aimed at informing students about mental health issues faced by the legal community in Canada and mental health resources available to students at Osgoode and in Ontario. A Clearer Club Funding System Our new Vice President External, Erin Dand, consulted with clubs this summer and helped craft a clearer funding system for student organizations. We hope that the new rules will help keep clubs informed about all the ways we can support them! If you have any questions for Erin, you can contact her at legalandlitvpx@ osgoode.yorku.ca. Building of Institutional Memory Judging by the documents we have on record, you would think that L&L is a burgeoning young organization instead of a 137 year old geezer. This coming year, we are not only making year-end reports mandatory, but we are also ensuring that samples of all executive endeavours (such as clothing, yearbooks, etc) are kept in L&L’s possession. We have already implemented a digital storage system and hope that these measures will make the jobs of future L&L executives much easier so that they don’t have to start from scratch. While we’ve accomplished a lot this summer, we’ve got so much more in store for everyone! If you’d like to join our team, please consider running for one of the following available positions later on in September: -1L Representative (2 positions available) -Equity Officer -Vice President Internal Goodbye for now everyone! If you have any comments or concerns, please contact us at legalandlit@osgoode.yorku.ca. We’d love to hear from you. the OBITERdicta


page 12

CROSSWORD Across



2 SCC Chief McLachlin, for short

4 Fictional lawyer Atticus

7 Gothamâ&#x20AC;&#x2122;s Chief of Police

9 Bestselling novelist of all time Agatha

12 Arts & Life 2005 Person of the year Bruce



14 Perennial dissenter of the SCC 15 â&#x20AC;&#x153;Guilty mindâ&#x20AC;? 16 Socratesâ&#x20AC;&#x2122; last drink 17 â&#x20AC;&#x153;Anatomy of a Murderâ&#x20AC;? actor



20 Orbach of â&#x20AC;&#x153;Law & Orderâ&#x20AC;?









21 To bring an action







Down 1 Moore of â&#x20AC;&#x153;A Few Good Menâ&#x20AC;?



3 Constitutional law expert Peter 5 The first of these surveys was taken in 1871 6 What Mrs. Donoghue drank



8 Suffragette McClung





9 The first part of the Constitutional Act, 1982 10 Lord Denningâ&#x20AC;&#x2122;s first name



11 Those who share files illegally 13 Law school established in 1889



18 Bobby Fuller Four song â&#x20AC;&#x153;I fought ...â&#x20AC;? 19 Pie-eatersâ&#x20AC;&#x2122; favourite type of law

    

   

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the OBITERdicta

Sept 4 2012 - Issue #1  

Obiter Dicta, Your Definitive Source for Osgoode News