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Volume XV, No.ll UNIVERSITE McGILL FACULTE DE DROIT 30 Janvier 1995 McGILL UNIVER.SITY FACULTY OF LAW January 30, 1995 . . Katia Opalka why, if I think of myself as being a . expertise. You know what it means to B.C.L. II fe~inist, I don't want you to call me one. study like mad, and you're already The answer is that at this school, that .anticfpating the enormous satisfaction gyrann~ An important lesson of law school, label is a Denver boot on my credibility. you'll feel if and when you p~s the bar rh~ one that practitioners especially try to Who cares? Well, I. do, because it is, exam. So you know how annoying iris the main convey to us, is the role of reputation in after all, my rep.utat.ion, and it makes me that someone, even someone you like, can . the practice of law. We've all heard it melancholy to think that instead of being turn the word "lawyer" around on you, grand said: "it takes twenty years to an asset to my law school I might be ·an arid no matter how strong your conviction cooler build it up, and twenty ~econds to lose it". embarrassment to it. that what she's implying is false, the ·d n't Jas!loc: Another lessori, more recent and So what do I want? I want people accusation ~f being selfish, conceited, · nded up inescapable, is· that the reputation of the to understand that being called a and immoral, all of which she conveys in legal profession, in the. eyes of the public, fer:ninist .bY someone \vho doesn't like the way she says "lawyer", still manages dance flea is not what it used to be. I am writing to feminism is like being called a lawyer by to make you angry, especially because she lla~rrt you because of.an insight I had on the people who don't like lawyers. You can you're pretty sure that sh~. as a non that me b:fti weekend. It's about being called a laugh it off, but it's still insulting, lawyer, probably doesn't know what she's I ~so !31liC · feminist by law students and professors at .. especially since you work very hard in talking about. vappinllll ·. McGill. school and in the profession to be the I tend to think that hostility The word doesn't bother me. It's best lawyer you can be, to serve your towards us, feminists and lawyers, that is, 'ed them~ like '~humanist", but you've identified clients, to uphold justice. . and to benefi.t has a lot to do with the recession. The athletic roll whether you're M or F. The question is society as a whole through your question is whether we can weather it ~ ~1th in a under one roof. ~ ~onY of Del l)eligbt,D~ Happy Pig Year! 3 AdamAtlas paying for it, which will jack up their B.C.L. 11 Ultra Vires Society 3 already astronomical legal fees and keep the sinking Canadian economy Letters to the Editor 4 Just when you thought your · s afloat. private information was safe, in walks Life in a French Towri Quite apart from being buttered the friendly glad-man from Quick a Du Bon Usage, de 8 5 7 up by the glad man from Quick Law Law. We {:an agree that Quick Law is so that we may do our bit for the a very useful research tool and that it Jody Talk 8 Canadian economy, I wish to take does make sense that we should get Boodman Schedules ... 9 exception to the fact that we have used to using it now because it will credits riding on our having to use the Women and the Law 11 mean that we will learn to retie on it and use it heavily when our clients. are QL system and in order to use the Workshop 1 1 GLOBAL CITIZEN ENVIRONMENTAL LAW porter's desk outside Moot · WEEK ASSOCIATION Comt will be set up daily from 10:00-16:00 for verifications AIESEC McGill is holding The Environmental Law and for second term a Global Citizen Week Association of McGill (ELAM) examination mnnbers. You between February 6-10, will be holding this year's are reminded that the accuracy 1995, to provide a forum inaugural meeting on Thursday, of your record is your for discussion on ·issues February 2, 1995 at 4 p.m. in responsibility, so don't hold occurring around the· Room 201. Anyone interested back, participate! world today. All faculties' in becoming .i t:tvolved as an are invited to ·attend. Executive .Committee or general The two-week period for Topics of interest may member is invited to attend. revie~ I>ece~r include human rights, self examinations and for government, · . border requesting re-reads expired on . conflicts, business ethics, NOTES FROM THE Monday 30th Januaty. Only among others. · OFFICEOF . in exceptional circ~tances UNI>ERGRAI>UATE _( e.g. if the instructor was . STUI>IES ... unable to rreet with you within CALL FOR ARTISTS! A revised list of students this period) will you be able to graduating in June 1995 is posted view your December exams or ·The LSA will furnish one on the bulletin board behind the request rereads. ,· artist from each year with OUS. Please take the titre to check a large canva$ to paint. your ruure, degree/s expected for The Quid Novi Nominates These four works will accuracy. All· problems should be Professor Jutras for the · decorate the west wall of brought to the attention of Christine Student V. (for very) Happy the poQl room. All Getvais, Room·1oo. prize, for the excellent interested persons can call contribution he has made to Adam at 935-5995 for the opening of discussions on - more information. Course VerifiCation W.e ek is 6-lOth scheduling . February inclusive. As usual, the Q~ N~.:. is published weekly ~Y students at Bedac1rice en chef/ Edijor-jo-chjef: the Facility of Law of McGill UniVersity, 3661 Peel Laurence Detiere Pour ce numero/ For this Issue: Street, Montreal, H3A 1W 9 (Tel: 398-4430). Production Is made possible by support of the Ojrectdce admjnist@tjye/ Admjnjstratjye Director: Equipe de production!Production Team: Dean's office and by direct funding from the Barbara Frederlkse Emmanuel Castiel students. Les opinions exprimees sont prop res aux Diane Piedmont . auteurs. Toute contribution doit indiquer l'auteur ou Directrlce de !'jnformatjon/ News Director: The most excellent production t&am this side of son origine et n'est pubfiee qu'a la discretion du AlpanaGarg Penfield! · comite de redaction .This newspaper is prlnted on 100% recycled paper. ' ' . . ' ' ' . . ' . . . ~ . .. . - ' . . ... . ~ Q~NDV~ . P~3 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .,A••·•••••er , ...e 11r1 llle,,~ "' /" J> ~ J> ~ J> .I .,; ,p ../: .,; J" .,; .~ J; .,; ,I j .,; ~-.,; .,; J; .,; ,I .; .,; ,j .,; .; .; .,; .. ; .; .,. . . ' years after the twelve anirmls in the order Ani1e! Thanks! Then again, it's nothing AnneLouie they appe.anxL ie. the Rat, the Ox, the ~Pigs didn't already know) ILBIT Tiger, the~ ·the Dragon, the Snake, Happy Orinese New Year the Horse, the Ram, the Monkey, the everyone! For all of you who are interested in • Cock, the Dog, ruxi the Pig. recoming rmre ctilturally emiched, 1995 is the year of the Pig. Ed. 's note (another one!): This Meek-~ Tuesday, January 31st marked the Persons oom during this year are sail to also the -Vietnamese New Year. So reginning of the Chinese Lunar New be honest, ~. g~t, sturdy aix:i Happy Vietnamese New Year ttJo. Year. FYI, in the 01inese tradition, each courageous. They are popular and . Maybe~ should close the Faculty for )ear is associated with one of 12 anirmls. sought after because they always seek reasons of universal IJarmony (Hey! I There are mmy sayings arrl beliefs on the ·universal harrmny ruxi establish excellent can't help it, f m a Pig (supra)). After all, origin of using twelve anirmls to rmrl<: the · rapiX>rt with others. All of you who what better »ay to implement Prof Lunar New Year c~le. One interesting were born in 1947, ·1959, 1971 etc JUJras' propasdls? 1 legerrl is that Lord Buddha surrimned all you re being sought after ... doesn't that the animals before him.arrl nam.:rl the just make your week? (It sure does ~ ~ {! {[{f. {I {t {f. {f -{t {t {t {t {1 {1 {1 {? {[ {? {[ {{ ~.oi£" 'tt!!!l'{J~{f::E!!!!{J!!!!!!I:'"{f:llllla·{J=:..::il{f--wll!l!llo l!l!l!{t_.{t-~~o! lll!lll{t_,.{t_{J_~_.o ~ . . ~ {t 1• res ~ - g ~ ~ ~ ~ {( {! {! {! {! {[ {! {t {! {? {1 {? {1 {t {1 {t {1 {1 {1 {t {1 {t·{t {1 {1. {? {1 {t {1 {? {1 {? {1 {? {t Charles Morgan perspectives on Justice. Then, closer discussion (Je constate que meme notre annee BCLII to the end of term, we heard both premiere rencontre de la nouvelle Marjan Ehsassi . (LLB Ill) on the a ete dirigee -par . un "commoner": In September, 1994, the McGill women's movement in Iran and Shelley Colleen Enache Brown (LLB D). Law Ultra Vires· Society was born. Kath · (LLB I) on environmental The icka behind the society was to lobbying. All those who participated Si quelqu'un aimerait mener une provide a forum for law students to get in these discussions can attest to their ·discussion ce semestre, ou bien.si vous together on a largely informal basis, so liveliness and interest, and would connaissez quelqu'un qui possecte une as to discuss non-legal issues about certainly join me in thankil)g the expertise quelconque dans un domaine which the students have expertise or speakers for first term. qui vous interesse, vous n'avez qu'a passionate interest. m'appeller (au 933-0644), ou bien, me La societe Ultra Vires va laisser une· message sur E-Mail a From the first meeting, the certainement se reunir plusieurs ([email protected]} a society has proved to be a success. reprise's ce semestre, l't~ure et au . En passant, la societe Ultra' Vires est Attendance at the m~tings have far lieu habituels: 17h, le jeudi, salle 203 dorenavant "on-line". Done, si un(e) surpassed initial expectations, and the NCDH. . S'il. y a une chose que je participant( e) fortnule des questions ou discussions have all been lively and soupaiterais pour la societe ce des COOlmentaires apres une reunion, ' 'thought-provoldng. Ian Bird (LLB Ill) semestre, c'est qu'il y ait une plus forte cette personne pourra les faire parvenir bravely inaugurated our discussions •• participation .de la part cks directement ou "on-line". with his reflections on the effect of the francophones parn,ti no us (on se current political and economic dispute aussi bien dans un~ langue We look forward to this term's turbulence on Russian society. He was officielle que dans I' autre), et qu'il y ait Thursday meetings and encourage followed by Deborah Johnson's (LLB plus de membres de notre classe en everyone's participation. IV) discussion of traditional aboriginal BCL qui entreprennent de mener une Dear Editor, Letter to an Editor, · _ I very much enjoyed reading Mr. Jutras' ·Dear Facuity via-Editor, response (in the Jaimary 16th Qpid Novi) to my I have to say that at the Quid, we are very column (of the January 9th Quid) as well as Mr. happy with the recent submissions of professors to· Boodman's response to Mr. Jutras' column. Their - our illustrious student p.aper. No -doubt we have in responses illustrate the following points. · the p~st received articles which were initia1Jy meant _ First and foremost, that contrary. to ·popular for the Law Journal, and since we are just across the opinion, law ·professors do have a sense of humor. hall, we can get to their mail frrst. Not to say mind Furthermore, that also _contrary to popular opinion, you that we are mere renegades from the Journal, prof?€ ssors are "hip" individuals who read Jodytalk. for we do not h-ave the same type of target Another way they could demonstrate their hipness is, audience. Nor the same type of policy (i.e. or. lack as several professors already do, come to Cofft:(e thereof). We actually welcome-the participation-of HoQse to.h ang out after ·their Faculty Council meeting. professors who, through the-Quid, can s~ow the In fact, if they really wan_ted to show just how hip they student body that they are not only professors, but are, they would ditch Faculty Council to come to human·s too (well, except when correcting that is). · Coffee House. On the other hand, the surest way to · We've actually discovered that we have quite a few show how un hip they are is to schedule class make ups comedians in the faculty teaching bOdy (and I mean during Coffee House. that as a complement, to be.c ontrasted with my Secondly, their responses illustrat~ that just like references to their comic talents, i.e. practical jokes, · students, often don't pay attention to what · that are played on us at each exam). professor~ they _read. Mr. Jutras' column maintains that I suggest · lt seems that it is Jody who has been eliciting professors cancel all their classes during the last w~ek the responses we were hoping to get from editorials. of the semester. What ~y article clearly says is that a Then again it's no wonder since Jody has tx?-en professor dedicate the last meeting of the class to slowly and surely inserting himself into the editorial substantive _review of the course, as well as a question staff by writing his own editorial comments. and answer session. Likewise, (unless the _editors have Perhaps we should be treating comments to Jody's corrected the error) Mr. Boodman has misspelled my articles as letters to the editor. Well an editor name which is B~rkes not Burkes. He did this despity anyway. the fact that every week for the last year and a half, my I guess I should have talked in niy frrst name, correctly spelled, has appe-ared in the Quid, and editorial abOut <;;lass schedules, since out of all the despite the fact that I was en~olled in_h is Special K topics in today's controversial world, it generates the class last semester. most response. Indeed, I could have talked at length - · The final thing that we·can ascertain from Mr. about schedules. And in fact I will. You see, I have Jutras' column is that the suggestion that a professor · the most inefficient schedule. I start twice a week at take one day of a 13-we~k semester to review his .or 8:30 (AM!) and twice at 8:00!! !-! But wait, it gets her course will be met with a Swiftian response. better. Mter finishing at 10:00-ev~ry day, I have to Considering.t hat students often only get one wait until5:30, for my 5:30-7:30 class, twice a shot during the final exam to determine their grade in a · week. Of course the immediate response of people course, it is not unreasonable that the professor take is that it was my choice. Not so. Not being a one day to review for the exam. Daniel Jutras is not morning person, I would NEVER have opted for that much -older than the average student, surely he this schedule, for after fighting exhaustion for two must remember the anxiety \Ye feel around exams.· hours, I am left with a huge break during which I am Therefore, I hope that in addition to his "Modest utterly inefficient (ex-cept on Quid Mondays!) Proposal", he incorporates a realistic review into-his because of my early start. It wasn't my choice · classes this semester. because of course after oarefully" selecting my class. Jody Berkes, sections, th~ schedule was completely rearranged. National ill 'I pageS) -- - . ~ . - ' ~ . . ' .. . . . - ' . ... ... . And then of course the more convenient sections were·c losed. You see~ it's not that I like to sleep in (although I do)y but it's. very hard to rise, let alone. shine, for an 8 o'clock class when you have work to do the previous evening and therefore Agir, reagir cannot .retir~ at 10 PM (my juices just start flowing around that time), are not a morning person, and do not live a 10 Nou·s essayons bien sur de traiter de minute walk from school. It seems.morning people do not su jets parfois delicats dans le Quid, tel que understand that the rest of the world does not run to the beat les emplois du temps et le fonctionnement of their qody clock. They think we're lazy. . des cours. Cependant, il faut le preciser, il I would just like to point .out that I was intrigued y a d'autres sujets difficiles et certainement st acto£s enough by this strange bread of people. so as to inquire on just plus delicats. ll semble que trop souvent, \De osay• how they do it. They're in bed before the witching hour, notemment a la faculte, nous 'sombrons eJ ournal, that's how they do it. Well no wonder, if I had a min. 8 hour . dans une conformite a l'opinion qui est "p9litically correct". Nous en avons deja get night, I might actually resist sleep during the day, no matter parle. Mais rappelons nous que c'est bien 1.e. or lac{ how e~rly it started. That is why I must support Prof. Jutras' l'acceptation de la position nonnative qui 'cipationo! proposal (I can't endorse Jody's because first he· tried taking rend le progres, ou tout au moins ho\\ ilie over the Quid articles, and now the editorial comments, and I !'evolution, impossible. On attribue parfois therefore am 'placed in a position of conflict of interest a le manque de prises de position une (mine)). . · certaine hypocrisie, celle de pretendre d'etre I am glad to see Prof. Boodman is taking thi~ matter tous d'accord avec ce qui est "juste". seriously, and I inust also support his position re second year J'~lttribue cela plut6t a une_paresse de curriculum. After all, the easiest solution would be to give· us I' esprit ou de la personne, _qui n'ose penser, our diploma now, no questions asked (by either examiners nor ou ecrire, ou essayer de voir l'autre cote de students), and we'll be out of the administration's.hair (and the · la barriere. C'est quelque chose qui en tant referendtim committee's). It's all about compromise, is it not? qu'etudiante me peine beaucoup car si nous . n elicilim a ne pouvons pas discutter Ol;l penser des I am therefore encouraged by the support of the faculty choses interdites (d ans le sens de parler to Ol.lr stud~nt demands, and since they're in an agreeable a librement de tousles aspects d'un sujet!) mood nowadays, I'd like to take the opportunity to talk about l'universite, ou en parlerons nous. C'est the (low) grading syst~m at McGill Law as compared to peut etre. I}Otre derniere occasion de discuter other universities. Well, then again, I'll let Jody tackle· that librement de choses et d'opinions . subject since· he seems to be· on a roll. Although I may not . tel que la peine de mort, et controversee~. aGknowledge Jody's positions publicly, I will grant him a new 'ses aspects peut etre avantageux a la title: Jody-Ombudsman: lumiere des crises penitentieres actuelles. . yf irst Finally, I would like to point out to all students who are Et entant que futur avocat (j'espere), . t of all !De ~ot offended by too m~ny early classes, 'that we later nsers je suis inquiete de voir l'apathie ~~ generatel ~ have rights too. Don't misunderstand me, I have nothing intellectuelle de certains-etudiants, ou tout ed atlen~ I against 8 AM per se, except that it just comes too early ... and au moins leur involonte de l'ecrire. Alors 1 ou see I o11: that I think the offensive nature of rising at 6:40AM, and that reagissez. Pour moi, le dicton que nous ·cea 1\eet- potivons parler de tout est utopique the possibility of postponing the start of the day, was ·~t, it~e~ ·actuellement a cause de l'auto overlooked in the Charter of Human Rights and Freedoms. Ih ave sanctionnement social des annees 1990. · y, 11 Hmm, I wonder if, now that individuals a_re .granted standing Qu'ert pensez vous? Pensez vous que la ~cea in the International Human Rights context if we've got a case. se ofpeo~lt "political correctness" sterilise la pensee After all, many parts of North America (the west coast) haye · actuelle. Parlons-en! Et puis dites nous ce inga postponed their mornings by 3 hours. Now that's inequality que vous pensez de la peine de mort. C'est opted for if I've ever seen any. le sujet d'un prochain editorial. Donnez aux ·on [or tWO redactrices !'occasion de vous repondre pour whichlt Laurence Detiere changer. ~ys!) Editor-in Chief boice The one stopping J<?dy from completely taking over the Quid Laurence Detiere ~ rDY cJa.~ (i.e. he hasn't got a key to the office. HA!) arranged ~ · Brett Carron To begin with the university, would be a terrible affront to a LLB IV leaving enjoyment and night life until professor's presentation. Each ~ourse later: 1 chose the Master's in Public is unveiled by way of an elaborate January 7, 1995 Law based on McGill's rule for outline or "plan". We move from big transferring credits. Specificcilly, you to little ideas by way" of la pie~ere "et Two years ago I read a letter cannot have already taken the course la deuxieme partie, des chapitres, des from a McGill student in France. He in Canada if you wish to transfer the sections, des paragraphes, des grands claimed that studying·l aw in a French credit. Rather than become embroiled A,B,C, des peti!S a,b,c. A question . university was so impossible that one in a dispute over whether the French would mterrupt the plan, stop the flow had to be·e ither crazy or stupid to even ve~ion of "Successions" is radically of dictation, and worst of all, create a bother. He finished the letter however different than that of Professor gap in our notes. Although the by noting that he-was doing incredibly Brierley, I decided to simply abandon material is often interesting, the well. Consequently I was left the entire private law domain arid opt manner of pr.:esentation is not. McGill, wondering whether the task was less for public law. As a result I am Canada's third best university, simply difficult that he had described or studying the French state, tile French has a better pedagogy than Poitiers? whether he was simply a superior ·administrative system~ the European France's third best university. human I?eing. Last year, in a state of Community, and International Trade continued frustration with my progress law (GAT t, NAFfA ). The Master's On a personal level, both the in French, I .decided to find out for program is comprised entirely of professors and the students are myself. I applied to various French course work. There is no thesis. friendly, easily approachable and univ~rsities with "Maftrise" programs There is also almost no choice as to enjoyable to be around. There is a teal in law, I received permission from which courses you cari take. Choice effort to integrate foreign students. McGill to study abroad in fourth year, emerges only at the level of which The third Thursday in November is the and I enrolled in a summer French minor you opt for. I didn't even blink day that the Beaujolais Nouveau is immersion course: Six months later I in choosing "Relations traditionally released. It became an am in Poitie'rs, France havi.Qg · Intemationales" over "Amenagement absolute street party here, something survived, sanity intact, the flrst du Territoire". · akin to Grey Cup Day in Edmonton. semester of my _M~ter's in Public Our International Relations professor, Law prog~am. With 36 hours of lecture each Monsieur Cherigny, canceled the class week I was extremely, sometimes and generously invited all eighty of us : Poitiers is reputed by its recklessly, busy the fust tenn. ·It was to sample the wine with him. We did students to have the third best law· not unusual to begin classes at 8 a.m. not stop. The French enjoy celebrating program ·in France. This claim is and to finish at 7 p.m. That being and I have, in Poitiers, enjoyed based on a mysterious newsp&per . said, ·we never went without a two celebrating with them. review which I've never seen. Rather · hour lunch break. I would scramble ·. tl_1an speculate·o n what this rating . f~om class to class, taking notes My experience after one really means I'll compare Poitiers and phonetically, hoping all the time for semester has been positive.~ vaut la McGill, two schools I know relative! y divine intervention. I became peine! If this letter has been too·s hort well (the latter reputed to be Capada's shameless· in using my neighbour's on details I would be happy to rectify best or third best university, based on notes to guide myself during lectures. ·the problem by answering any your source) .. Is it possible to enjoy a I sought out people wi~ good questions you might have. I am in year of study in ·France? I$ the system handwriting. I smiled a lot. France at: 37, RUE DE of teaching similar to McGill? What is ROCHEREUIL, 86000 POITIERS ill the night li.fe like Poitiers? Are the The education system in .France . until the end of June. Je vous souhaite students as cool as at McGill? These is different than that of Canada. une bonne annee. are some of the questions I ·now feel Students are not inclined and capable of answering. professors do not encourage questions being asked in class. A question --- ' ~ . . ~ ... . . ' . . . . . . - . .. . .. ~ .. . - : o o o o o o o o o o o o o o o o o o o o o o a 0 d e a · S~ 0 0 •nois sur dOuze) a a a a ~ a a 0 a a a a a a a a a a a a a a a a a a a o o o o o· o o o o o o o o o a o o o o o o o o o o o o o o a a o o o o a a 0 a a a a 0 0 a 0 a o a a o a a a a o a a a a a a a a a a a a a a a a a 0 a a a a a a a a a a o o a o o o o o o o o o a aa TO: Martin Bo.o dman practi~ioner vacationed in any part of the such schedules should not be posted prior ~ a Chair Curriculum Committee world below the 49th parallel, or above to the morning of ~e day of the class, 0 a 5,000 ft above sea level, he o~ she shall be because it is common knowledge ~t a a ·FROM: John Saywell deemed capable of fully perform.ing his or early postings just confuse students and a a a a Student member, Curriculum her teaching functions, or at least as lead to il)egitimate expectations when D a Committee capable as any Ban Pere de Famille, based th'ey inevitably have to"be changed any a a on·a subjective criteria of what in fact is number of times. a ~ SUBJECT: Professor Jutras' proposals re. _construed by the term material. a a scheduling In addressing these issues, I think the a a Classes should be can.celed: Curriculum Committee should also . a a a . reexamine whether the traditional a D a Whenever the faculty member _or conception of what counts as "Faculty" is a a I r~ad with ·great interest the memo which practitioner~instructor (or both) is either still relevant in today's €hanging a a Professor Daniel Jutras published in the vacationing south ~f the 49th parallel or economy. There is some merit in a ~ QUID after he had read "with great above 5,000 ft ASL, or giving a conferenc~ applying the double aspect doctrine to find ~ a interest the article written by Mr. Jody in circumstances where Faculty that faculty members are in fact only a vmicy. a Berkes in the QUID", (this could get- Interpretation. Bulletin "FIB "#488 would deemed "faculty" when in the public 0 a ~ repetitive!). I to,o believe that we should deem such conference to. be equivalent to domain of Chancellor Day Hall. While a vel.lxllh tlr a perhaps look more radically·along··the what is construed as vacationing, by a they remain in their offices with the door a a lines proposed by both Berkes and Jutras, subjective standard, the burden of proof clo~ed, and are careful not to· answer the a a .a and give more formal recognition to a few. lying with the person alleging the violation phone, it is contenped that they are not a a a of the implicit norms of scheduling.a nd of the rule: Of course, where any fac4lty. This conception has the a a teaching in this Faculty. circumstances are beyond the control of the · advantage of limiting the authority of the a a professor, or fall within f<?ur working days above rules, or any others for that matter, a a ~ No new material should be taught in of a civic or religious holiday recognized, . to prof~ssors in their faculty aspect only, 0 · ~ouveauli a any g·iven year: quasi~re<?ognized or po~e_ntially · and would allow professors more time to a It recame . a conditionally recognized through the pursue professional or personal activities · a a ~ U~less the professor .has been given a exercise of the professors·uuerly·unfettered of any other aspect. re,~*. a a ~abbatical the preceding year to conduct discretion, no burden of any kind, matter or a vinEdm()lll(t a cutting edge research in the area and thus. substance, presumptive or not, shall lie There is strong authority for this point of a ~tiros pro!e)l a be prepared to update the casebook with against the professor. view and faculty should expect a good ·a a . a canceled ~ ~ o. more recent and more relevant material. reception before the senior courts where a a all cighcy d. a (Teaching notes do not require updating.) No classes shall. be scheduled or number of professors inevitably end .up · a rilb biJll. We2 ~ Of course once the professor's work l has rescheduled: retiring. Care should be taken however . aa a been cited in a Supreme Court decision, · that professors do not hold themselves out a enjoyc eleta . . a that material should then be considered Whenever ~uch scheduling might coincide as "faculty" while pursuing such activ.ities a 'enjoyed a more important than anything more recent with meetings of Faculty Council, Faculty as running political campaigns or teaching a 0 . a or more relevant and would therefore committees, or prior engagements, in the third world, as this would suggest a aa o exempt ·sajd professor from updating conditional of course on me said professor ~onflict of the double aspect and then a. a within say a ten year period thereafter · attending such functions. Due· to the· someone would have to start looking for a 0 immediateiy following (i.e .. no exctinctive obvious substantial and insurmountable some son of paramountcy - a rather a 0 . a prescription against original authority.) administrative consequences, the Faculty bothersome prospect in today's political a 0 unfortunately cannot contemplate climate!' ·a 0 0 No materiaf at all should actually be extending this privilege to students silly a ~ taught in a given week: · enough to actually volunteer to .sit on I hope this is helpful, and I thank the a a Faculty Council or l<aculty committees. committee for its careful consideration of 0 a o Unless the practitioner-instructor has had ·· And of course we know all serious McGill my proposal. a 0 a reasonable week in the office, i.e. not students would not ever consider actually a a · ~ resulting in more than 50% more than the making any "prior-engagements" (- to do •a o standard week demanded of the regular what?) Furthermore, where classes can in a o faculty members in the latter's fact be scheduled, (we suggest all a 0 employment contracts. How~vef, if remaining free Thursdays after 4 p.m., it a 0 . a during the two weeks precedent will help curtail student debauchery in the 0 a o conditional to the week in question the Common Room and improve study habits!) a a 0 a a a 0 D a a D D a a D a a D a a a a a a a a a a a a a a a a a a a 0 a a a a a a a a a a a a 0 0 O a O a o a O a o O a O . · Brett Carron To begin with the university, would be a terrible affront to a LLB IV leaving enjoyment and night life until professor's presentation. Each ~ourse later: I chose the Master's in Public is unveiled by way of an elaborate January 7, 1995 Law based on McGill's rule for outline or "plan". We move from big transferring credits. Specifically, you to little ideas by way" of la premiere"et Two years ago I read a letter cannot have already taken the ~ourse la deuxieme partie, des chapitres, des from a McGill student in France. He in Canada if you wish to transfer the sections, des paragraphes, des grands claimed that studying-law in a French credit. Rather than become embroiled A,B,C, des peti]S a,b,c. A question universitY was so impossible that one in a dispute over whether the French would mterrupt the plan, stop the flo had to be·e ither crazy or stupid to even version of "Successions" is radically of dictation, and worst of all, create a bother. He finished the letter however different than that of Professor gap in our notes. Although the · by noting that he was doing incredibly Brierley, I decided to s~ply abandon materi<il is often interesting, the well. Consequently I was left the entire private law domain arid opt manner of pt.:esentation is not. McGill wondering whether the task was less for public law. As a result I am Canada's third best university, simply difficult that he had described or studying the French state, tl}e French has a better pedagogy than Poitiers, whether he was _simply a superior ·administrative system; the European France's third best university. human }?eing. Last year, in a of Community, and International Trade sta~e continued frustration with my progress law (GATT, NAFfA ). The Master's On a personal level, both the in French, I _decided to find out for program is comprised entirely of professors· and the students are myself. I applied to various French course work. There is no thesis. friendly, easily approachable and with "Maftrise" programs There is also almost no choice as to enjoyable to be around. There is ate univ~rsities in ~aw, I received permission from which courses you cari take. Choice effort to integrate foreign students. McGill to study abroad in fourth year, emerges only at the level of which The third Thursday in November is the and I enrolled in a summer French minor: you opt for. I didn't even blink day that the Beaujolais Nouveau is immersion course: Six months later I in choosing "Relations traditionatly relea_sed. It became an am in Poitiers, France havTI:tg Intemationales" over" Amenagement absolute street party here, something smvived, sanity intact, the first du Territoire". akin to Grey Cup Day in Edmonton. semester of my Master's in Public Our Intem.ational Relations professor, Law program. · · · With 36 hours of lecture each Monsieur Cherigny, canceled the class week I was extremely, sometimes and generously invited all eighty of us : Poitiers is reputed by its . recklessly, busy the first tenn. It was . to sample the wine with him. We did students to have the third best law· not unusual to begin classes at 8 a.m. · not stop. The French enjoy celebratin program ·in France. This claim is and to finish at 7 p.n~. That being and I have, in ;E'oitiers, enjoyed based on a mysterious newsp~per _ said, ·we never went without a two- · celebrating with them. reView which I've never seen. Rather hour lunch break. I would scramble tl)an speculate on what this rating . from class to class, taking notes My experience after one really means I'll compare Poitiers and phonetically, hoping all the time for semester has been positive.~ vaut la McGill, two schools I know relative! y divine intervention. I became peine! If this letter has been too·s hort well (the latter reputed to be Capada's shameless·i n_u sing my neighbour's on details I would be happy to rectify best or third best university, based on notes to guide myself during lectures. ·the problem by answering any your source).- Is it possible to enjoy a I sought out people witJ?. good questions you might have. I am in year of study in France? Is the system handwriting .. I smiled a lot. France at: 37, RUE DE of teaching similar to McGill? What is ROCHEREUIL, 86000 POITIERS the night life like in Poitiers? Are the The education system in .France . until the end of June. Je vous souhaite students as cool as at McGill? These is different than that of Canada. une bonne annee. are some of the questions I ·now feel S~dents are not inclined and capable of answering. professors do not encourage questions being asked in class. A question o o o o o o o o o o o o o o o o o o o o·o o o o c e c c c c c c c c c c c c c c c c c c c c c c c c c c c c 0 0 c 0 c 0 :Du l»o n a 0 -u~age d .e s~ . . 0 D 0 (hui t" •noi~ ~ur dOuze) 0 0 D cc cc coo o o o o o o o o o o o o o o o o o cc cc c·c cc cc cc cc o cc cc cc cc cc cc 0 cc o cc c 0 o ° 0 C 0 0 C 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 o o o o 0 o o o o o 0 o o o o 0 0 0 0 0 0 D 0 C C C C 0 0 0 0 0 0 0 0 0 TO: Martin Boodman practi~ioner vacationed in any pan of _the such schedules should not be posted prior 0 0 0 c Chair Cumculum Committee world below the 49th parallel or above to the morning of ~e day of the class, o 1 0 5,000 ft above sea level, he or she shall be because it is common knowledge t11at o 0 ·FROM: John Saywell deemed capable of fully perform.ing l:lls or early postings just confuse students and ~ ~ Student member, Curriculum her teaching functions, or at least a~ lead to il)egitimate expectations when 0 o Committee capable as any Bon Pe re de Fa mi/le, based they inevitably have to.be changed any o 0 on ·a subjective criteria of what in fact is number of times. 0 0 ~ SUBJECT: Professor Jutras' proposals re. _construed by the term material. 0 o scheduling In addressing these issues, I think the 0 0 Classes should be can.celed: Curriculum Committee should also 0 c reexamine whether the traditional 0 0 0 0 Whenever the faculty member _or ~onception of what counts as "Faculty" is o o I read with ·great interest the memo which practitioner-instructor (or both) is either still relevant in today's changing o 0 Professor Daniel Jutras published in the vacationing south qf the 49th parallel or economy. There is some merit in ° . 0 ~ QUID after he had read "with great above 5,000 ft ASL, or giving a conference applying the double aspect doetrine to find 0 o interest the article written by Mr. Jody in circumstances where Faculty that faculty members are in fact only . o 0 Berkes in the QUID", (this could get. Interpretation Bulletin "FIB"#488 would deemed "faculty" when in the public 0 ~ repetitive!). I to_o believe that we should deem such conference to. be equivalent to domain of Chancellor Day Hall. While 0 0 o perhaps look more radically·along·the what is construed as vacationing, by a they remain in their offices with the door o o lines proposed by both Berkes and Jutras, subjective standard, the burden of proof clo~ed, and are careful not to answer the o •0 and give more formal recognition to a few. lying with the person alleging the violation phone, it is conten9ed that they are not 0 0 0 of the implicit norms of scheduling.and of the rule: Of course, where any facQlty. This conception has the 0 0 o teaching in this Faculty. circumstances are beyond the control of the · advantage of limiting the authority of the o 0 professor, or fall within f<?uT working days above rules, or any others for that matter, 0 ~ No new material should be taught in of a civic or religious holiday recognized, to prof~ssors in their faculty aspect only, D 0 o any given year: quasi-:recognized or po~eptially · and would allow professors more time to o 0 conditionally recognized through the pursue professional or personal activities · 0 ~ Unless the professor.has been given a exercise of the professors·utterly·unfettered of any other aspect. 0 0 o ~abbatical the preceding year t9 conduct discretion, no burden of any kind, matter or 0 0 cutting edge research in the area and thus substance, presumptive or not, shall lie There is strong authority for this point of o ~ be prepared to update the casebook with against the professor. view and faculty should expect a good ·o 0 c. more recent and more relevant material. reception before the senior courts where a 0 o (Teaching notes do not require updating.) No classes shal\ be scheduled or number of professors inevitably end JIP · o 0 Of course once the professor's work l has rescheduled: retiring. Care should be taken however • 0 c been cited in a Supreme Court decision, · that professors do not hold themselves out 0 0 . . D o that material should then be considered Whenever ~uch scheduling might coincide as "faculty" while pursuing such activ.ities o 0 more important than anything more recent with meetings of Faculty Council, Facutty as running political campaigns or teaching o 0 . or more relevant and would therefore committees, or prior engagements, in th~ third world, as this would suggest a 0 0 0 c exempt ·said professor from updating conditional of course on the said professor conflict of the double aspect and then 0 ; 0 within say a ten year period thereafter · attending such functions. Due· to the· someone would have to start looking for o 0 immediately following (i.e .. no exctinctive obvious substantial and insurmountable some sort of paramountcy - a rather o c . prescription against original authority.) administrative consequences, the Faculty bothersome prospect in today's political 0 0 0 c unfortunately cannot contemplate climate!' 0 c No materiaf at all should actually be extending this privilege to students silly 0 : taught in a given week: · enough to actually volunteer to sit on I hope this is helpful, and I thank the 0 c Faculty Council or ~acuity committees. committee for its careful consideration of 0 0 c Unless the practitioner-instructor has had ,. And of course we know all serious McGill my proposal. 0 c a reasonable week in the office, i.e. not students would not ever consider actually 0 c · resulting in more than 50% more than the making any "prior-engagements"(- to do 0 0 •o o standard week demanded of the regular what?) Furthermore, where classes can in 0 c faculty members in the latter's fact be scheduled, (we suggest all 0 :employment contracts. How~vef: if remaining free Thursdays after 4 p.m-., it 0 during the two weeks precedent will help curtail student debauchery in the 0 0 o conditional to the week in question the Common Room and improve study habits!) 0 0 0 0 0 0 0 0 0 ~ - ~ 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 0 d 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O By the t(nie the bus arrived at the party Sherbrooke was reeling! Ah, the thrill of victory. When 1 got to the door to be Jet in. to the party there was another problem. The knuckle dragger guarding the door thought that I didn't look like the 3 foot Iguana pictured on my pass. I said, We p(ck up the story of our hero Jody the Ra..vers and Disco. Delight' "Well Pete, back when that picture was afternoon ex post Pub Crawl. · · taken 1 had long hair, it's short now you The Agony of Defeat see." "Oh. I guess that you're right." He I was still dejected from the replied. I flicked him a doL:Jble, "eryting" game when I boarded the bus to the The season had boiled down to Rave/Disco. To further darken my and sauntered into the party. . this, the meeting between us and Laval in mood the rest of the bu.s was dominated I went to the Rave room first and the semi. finals. All that stood between by Sherbrookers. Great I thought, I'll my eyes immediately settled upon the McGill and the Law Games Superbowl have to listen to 45 minutes ·of most beautiful woman I had ever seen. I was 40 minutes, and 2500 lbs. of vicious sophomoric cheers. Oh, would the watched her standing there in the corner, law students. When I arrived for the agony never end! Magically as if my seductively twisting her cigarette into a warm up I could see Lava! out there like prayers were answered it did. I reached long holder. She took a sip of her drink some se~thing, writhing,· stomping into my coat pocket-and·-found that my and I saw those ruby red lips kiss the side dragon, exhaling huge plumes of vapor. I friend, Old Number 7, shook my hand .. of ~he cup and her tongue dart out of her could see my · team standing around - We had a little chat and my mood began mouth and lick those same lips. Her legs talking with the. referee. lt turned out that to improve. As we pulled away from the were long and lean, dressed in tight-black the referee wa_s in the process of ejecting curb Sher-brooke broke into one of their stockings and high heeled platforms. Mario and Noah as · artificial . team many, annoying cheers. I closed my She was heaven on earth, and I decided enhan_c~ments. No amount of reasoning eyes and settled back into the vinyl of to go and talk to her .. When I got there I was gomg to have any effect on them, the seat (kind of like the stuff covering saw her head tilt back and a giggle and our team had just been gutted. The the chairs in the :moot court) to ride out escaped her lips like the tinkling of silver field was covered in three inches of ice the buzz. ·My head snapped back when -bells. We-danced and I was amazed at water, and the wind was starting to pick 1 heard "Ice cold beer makes me want the powerful grace wrapped up in that up. I knew we would have to strike early to che~r ..." Martin was leading the· tLght, little purple dress. As the evening if we were to carry the day. "30 red 30 McGill bus contingent in cheers, and wore ofi I knew there was something red," I barked out, " ... _hut hut! .. _ My vision displaying more spirit than I'd seen in all different about this woman, perhaps i~ scanned from left to nght mak1ng out my previous law games combined! If only. was the fact that the woman was Yanick receivers I hit Dave g~ing long for the the judges had been there to see it, we'd and that she was a he! R~zzo came up endzone, where he caught it touchdown! show them that a bunch of well · to me. "Hey jerkey, whose the babe." I I saw the ref waving off ~he ?all, catch out educpted law students can beat a big replied, "Don't waste your time she pees of_b ounds. Thr~e days 1n th1s league and pink dildo anytime: The normally standing up .. Besides, she wouldn't fall th1s was the f1rst Id heard _of out of apathetic, meek McGill crowd was for your old. cheap moves." He retorted, b?u~ds. I asked the ref to pomt out the transmogrified into a growling, · "I have all new cheap moves!" and s1delme to me and all he could s~ow me screaming beast that would give sauntered away to try his luck on the next was the green _slate of the tenn1s co_ur:t Sherbrooke no mercy. We hit them with poor unsuspecting victim. underneath the 1ce slush we were playmg "The Most Annoying Cheer in the World" Rosenberg and Rizzo didn't in. "Hey Pete! I don't know what you've 1, . 2 combination. When we had really ·need to find any babes tonight been smoking_, but save some for me!" I softened them up we came in for the because they had more fun than human was demoralized and my cannon was knockout wi'th, (Thanks to Kenny should be allowed to have playing laser wearing out. We fought a pitched Rogers ''The Gambler" for the tune and tag earlier in the day. When I ran into defensive battle with the other side, J.P. Sarah, 'Barbara Wad~ Jonas tor the Rosenberg he told me that the two of captaining our no-name D. Regulation . words.) ' r them had discovered that when you got time had·run out and we were in sudden ~now when to hold chunks, hit in_ laser tag the vest vibrated for a few death. The water covering the gridiron know when to blow chunks, seconds. Apparently the two of them had long since turned my feet to blocks of Know when to walk to the can, ended up strapping the vest around their ice, my hands were numb from holding know when to run. hips and screamed at everyon·e to shoot the water laden ball, and Laval was You never woof your cookies, them! Ah, cheap thrills. sending wave after wave of defenders at when you're sitting at the table. I don't know how. it happened, me. We came to the line and the D had, They'll be time enough for but I ran into a reporter, Andrew Hilton, read my play~ though I didn't know it. _puking when the drinking is covering Law Games for the Lawyer's Interception, touchdown! I sank to my done. · Weekly. When 1 asked him what he knees, while a wave of nausea passed thought of Law Games he replied, ''This through my body as· the realization Ooh, huuurl McGill is on the is the most pathetic rationalization for a dawned on me that I had blown ·the puke path!· drunkfest I've ever seen ... " With all due game. The agony of defeat-is a bitter pill Ooh, huuurl McGill is on the respect for his opinion, I've been to to swallow. puke path! several drunkfests, and stumbling, half