Quid Novi Vol. 26 No. 014: January 31, 2006

22.5 MB·English

by  McGill University. Faculty of Law

McGill University, Faculty ofL aw
Volume no.14, 31 January
27, 2006
- H£At> HU~TERS AT THt ~AtUL.TY-
l
!\
EDITORIAL
QUIDNOVI IN THIS ISSUE ...
As promised, the Quid features
this week various aspects of
3661 Peel Street
corporate law and corporate
Montreal, Quebec
3 ... An Update of Goings-on at the Faculty social responsibility.
H2A 1X1
Regarding the random and
[phone]
4 ... A Round-up of Random- and Mostly Real mostly real roundup of corporate
[email protected]
Corporate Law News law news, please bear in mind
www .law. mcgill.ca/ quid that the first item, regarding a
leak from the new Conservative
6 ... Dear Lord Denning:Your Academic and
government, is purely fictional
Career Questions Answered and part of the joint Law &
Management simulation seminar
The Sunshine Article
Editor-in-Chief
(The Anatomy of a Deal). Still, it
Jason Maclean is hoped that people will begin to
8 ... The Square: Reflections on adventures Come take some interest in this
Assistant Editors-in simulated acquisition of a
and Gone
Chief (Canadian) public company and
begin to engage in a broader
Cassandra Brown
10 ... I Want to be a Player discussion of corporate social
Andrea Gorys
responsibility.
Managing Editors 11 ... Response to "Cuba Libre" To that latter end, I have brought
Jennifer Hansen
to your attention two additional -
and real - corporate law matters:
12 ... Professors Are People Too
Layout Editors the recent decision of the
Tara DiBenedetto Supreme Court of Canada
Simon Grant 13 ... Student Ancillary Fees, Accountability and regarding the pay equity claim of
Maegan Hough Institutional Design its flight attendants, and Mr.
Owen Pell's lecture to the
Jessica Rubin
Faculty last Friday on what he
Lisa Schneiderman
15 ... Dear Quid calls the "new diplomacy" and
Enda Wong
the formation of international
La Foire Aux Pacotilles
norms of corporate responsibility.
Associate Editors
Caroline Briand I would also like to bring to your
Stephanie Dickson attention an interesting Op-ed
Adele D'Silva published on Monday in The
Stephanie Jones New York Times by University of
Julien Morissette Texas law professor Henry Hu.
Professor Hu asks "Can Enron
Sam Carsley
happen again?" and answers
Oana Dolea
"yes." Does that mean
Tyler Harleton The Quid Novi is published weekly by the students of the Faculty of Law
corporate governance law does
at McGill University. Production is made possible through the direct support
Elizabeth LaBrie
of students. not do enough to deter fraud?
Cedric Soule
Not necessarily, according to
All contents copyright 2006 Quid Novi. Professor Hu, who focuses
Web Editor instead on the opportunity costs
Les opinions exprimees sont propres aux auteurs et ne refletent pas
JuJian Awwad of directors monitoring fraud.
necessairement celles de l'equipe du Quid Novi.
What is interesting about
Cover Artist The content of this publication does not necessarily reflect the views of Professor Hu's approach is that
Caroline Briand the McGill Law Students' Association or of McGill University. it focuses only on shareholder
value and largely ignores the
a
Envoyez vos commentaires ou articles avant jeudi Spm concerns of stakeholders.
Staff Writer
l'adresse: [email protected]
Labour economists have, for
Nicholas Dodd
instance, argued intriguingly that
Ali Glaser Toute contribution doit indiquer l'auteur et son origine et n'est publiee
the Enron debacle is responsible
qu'a la discretion du comite de redaction, qui basera sa decision sur la poli
for thousands of lost jobs and
tique de redaction telle que decrite a l'adresse:
Staff Cartoonist http://www.law.mcgill.ca/quid/edpolicy.html. slow economic growth.
Laurence Bich-Carriere
Contributions should preferably be submitted as a .doe attachment. - J.M
2
January
31, 2006
AN UPDATE OF nouvelles prises de courant judicial institutions. In addi
sont maintenant installees tion, expect to see the course
dans le local 202. Le sous-sol evaluation more heavily con
GOINGS-ON AT et le Moot Court devraient etre centrated toward the begin
en mesure d'accommoder vos ning of the semester.
besoins technologiques des
THE FACULTY l'automne. Show me the money! For
those of you that are looking
Etude decontractee: Des nou to secure funding from the
by Vie Arora (Law 11) velles places d'etude seront Dean's Discretionary Fund,
a
disponibles !'atrium au cours both time and money are run
des semaines prochaines. ning out! Clubs that are look
I can't believe how quickly peu elogieuse de nous soit Parmi les ameliorations, vous ing for funding should also
a
these last few years have disponible taus les etudi noterez l'arrivee d'ordinateurs apply to the LSA as soon as
flown by. Just yesterday ants. Malgre cela, il est main et de tables pour vos porta possible; applications are
we were bracing for the apoc tenant plus facile de se faire bles. processed on a rolling basis.
alypse that Y2K was supposed connaissance grace aux pho
to bring, and yet here we are, tos des etudiants de premiere French version of the website:
a month into 2006! Etant annee publiees dans le A bilingual website is coming
donne le calendrier social fameux bogenda. Le bottin est soon to a computer near you.
charge de la Faculte et votre maintenant disponible sur le Once functional, the transla
horaire encore plus charge, il site web de I'AED. Le mot de tion committee will turn their
ne me surprendrait pas que passe pour y acceder se trou attention to the LSA
vous n'ayez pas remarque tout ve sur le babillard de I'AED. Constitution.
a
ce qui se passe la Faculte.
Heureusement, je n'ai rien de It's the next big thing: Internet sans-fil: La Faculte
a
mieux faire que de vous Exchange programs are est maintenant en train de
offrir un bref apen;u de extremely popular at the determiner le meilleur moyen
quelques developpements Faculty and the Asia Pacific pour vous faciliter l'acces au
a
recents la Faculte et de vous Law Association of McGill reseau sans-fil. Nous esperons
annoncer ce que vous offrira (APLAM) has taken steps que taus les lieux d'etude
l'annee 2006. towards establishing an seront couverts par le reseau
exchange program between des l'automne.
Stay Tuned. ..
Better beer: The academic McGill and some Chinese uni
year began with the LSA seiz versities. The matter is cur Do you type faster than you
ing an opportunity to get bet rently being looked into by write? If so, you'll be happy to
ter quality beer for the Faculty Assistant Dean Belanger and know that the pilot project
at more affordable prices. The more information will be pro involving exams written on
result of these efforts is a con vided as soon as it is available. laptops went very smoothly. The
tract with Montreal-based The project will be voluntary
McAuslan as our exclusive "Des dollars qui font du and only introduced in stages, Quid's Summer
supplier of cold, fresh beer. chemin": Ensemble, le travail but now you can look forward
Jobs Issue
Mmmm ... beer. acharne des benevoles et la to carpal tunnel syndrome
generosite des etudiants et instead of just forearm
But where do we get this des professeurs de la Faculte a cramps!
beer? The opportunity to permis d'amasser plus de
enjoy beer and other drinks 400$ pour Centraide. Passez done au salon! Le pro
presents itself every Thursday. jet de renovation du salon pro Is Coming
Coffeehouses sponsored by Law games: McGill placed first gresse toujours: des resultats
Paul Weiss, White & Case, in the knowledge test and sont attendus d'ici l'automne Next Week
BLG, the CBA, Lavery, de Billy, dodgeball, and secured a sec prochain. Comme d'habitude,
McMillan Binch Mendelsohn ond-place finish in soccer. I'd les informations relatives au
and Davies, Ward, Phillips & like to tell you more but like projet sont disponibles sur le
Vineberg allowed many a stu Vegas, what happens at Law site web de I'AED.
dent to take one night off from Games stays at Law Games.
Those of you who are curious Foundations: They are listen
kitchen duty a week.
should join the fun next year! ing! The Foundations course is
Bogenda: Nous n ' appre,C J.o ns being revised to include ele
pas taus qu'une photo parfois Une faculte energique! Des ments of civil procedure and
3
QUIDNOVI
A Roundup of Random - and Mostly Real - Corporate Law News
by J as on M a cLean (Law Ill)
Leak Suggests Canada-US Aviation employees. The ruling is likely to become a and human rights policies (particularly
Liberalization in the Works landmark decision that will speed up the important given BP's presence in the developing
Stephen Harper, Conservative Party leader, resolution of other pay equity cases in the world).
free-enterprise economist, Kyoto climate airline industry (and among other federally Mr. Pell was forthright about the role of
change protocol hater, abiding supporter of regulated organizations). NGOs bullying corporations to do the right
the American-led invasion of Iraq, and - gulp, According to a report published in the Globe thing. Corporations will not act altruistically,
gasp - Prime Minister of Canada wants friendlier and Mail, the Court ruled unanimously that Pell admits- they either have to be coerced or
relations with the United States. And more flight attendants can indeed compare their pay shown that the proposed reforms will be "good
open sky. with that of pilots and ground crews; Air for business." It is here that Mr. Pell's
A leak from the new Conservative Canada argued, ultimately unsuccessfully, that otherwise intriguing account begins to break
government suggests that legislative changes to because each group's relation to the company is down.
the Competition Act, the Investment Canada governed by a separate collective agreement, Consider the question posed to Mr. Pell by
Act, and the Canada Transportation Act are such comparisons were invalid. The case will audience member Hugh Sandler, who wondered
already in the works, changes that - inter alia - now be sent back down to the Canadian Human if increasing state regulation of public
will make it easier for non-Canadian persons to Rights Commission for a factual determination corporations will encourage such companies to
own and operate commercial airlines in Canada. on the question of whether discrimination on go private. Mr. Pell does not really think that is
According to an anonymous Conservative the basis of gender occurred. a significant risk, but recent trends suggest
Party insider, "We may not be able to end otherwise. After all, as Mr. Pell pointed out,
same-sex marriage or cancel national health Owen Pell Delivers Lecture to McGill Law MNCs exploit arbitrage opportunities -
insurance (at least not right away), but aviation Faculty on "The New Diplomacy" essentially, discrepancies that have a dollar sign
liberalization is something we can get done White & Case LLP partner Owen Pell attached. At the moment, private equity firms
right now." delivered an intriguing lecture at the are aggressively arbitraging the public markets
The party insider went on to observe that McGill Faculty of Law last week by appropriating profits that would otherwise go
major legislative changes are unnecessary. regarding the "new diplomacy" of global to shareholders by buying up public firms and
Regarding the Investment Canada Act, the governance and the formation of new then taking them private. Reports coming from
Minister of Justice has already considerable international norms. the meetings and lectures presently taking
discretion under section 20 to approve Mr. Pell's thesis is that we presently live in an place in Davos, Switzerland suggest that the
investments in Canada made by non-Canadians. era of "accountability" driven by the politics of leaders of public companies are growing weary
The Minister may, for example, consider factors recognition. For Mr. Pell, ours are exciting times of Sarbanes-Oxley and pesky shareholders
such as (a) the level and nature of economic to be a lawyer, for the new global playing field (whom they see about once a year). But the
activity in Canada, (b) the degree of is that of international law. concern runs deeper still: increasing regulation,
participation -or lack thereof- by Canadians in Mr. Pell sees the new diplomacy as many fear, is adversely affecting board decision
industry in question, (c) the effect of the occurring at the intersection of the interaction making and the recruitment of talented
investment on productivity, (d) the effect of the and dialogue that took form and grew following directors - i.e., the very fundamentals of public
investment on competition in Canada, (e) the the conclusion of the cold war between businesses.
compatibility of the investment with national, multinational corporations, nation states, and A yet more fundamental question was then
economic, and cultural policy objectives, and (f) NGOs and IGOs (more about these in a raised in regard to Mr. Pell's model, which
the contribution of the investment to Canada's moment). Acting on these players are various imagines MNCs, states, and NGO/IGOs as the
ability to compete in global markets. For vectors of the rule of law, to wit, transparency, central players in the arena of global
aviation liberalization to become a reality, regulation, disclosure, and accountability. governance. Given the gravity of the both
however, these factors will have to be On Mr. Pell's account, the institutional increasing economic inequality and
harmonized with the determination under maturity of NGOs (achieved by acting like environmental degradation on a global scale,
section 56(1) and 62 of the Canada corporations, and remaining free of regulation) does it make sense to place responsibility for
Transportation Act. has given them the ability to get "buy-in" from our collective future in the hands of the most
This leak follows on the heels of the airline MNCs on issues regarding labour and the under-funded, under-staffed institutions
trade liberalization deal negotiated between environment. For Mr. Pell, the state is passe involved (namely NGOs)? After all, let's be
Canada and the United States in the fall of (though state regulation of public corporations realistic - human rights NGOs and IGOs such as
2005. Though the deal stopped short of is a significant legal vector in his view). The the Fund and the Bank are not in any
allowing American airlines to move passengers dynamics of international norm-making lie in meaningful way on the same page, let alone on
between Canadian destinations, the deal, the interaction between NGOs and their ability the same team. To be sure, NGOs are not
according to the Quid Novi's source, may be to pressure MNCs to do the right thing. This is, powerless, and yes, they have accomplished
revisited and amended before it takes effect in according to Mr. Pell, a microeconomics of many impressive and progressive measures.
September, 2006. See Canada (Human Rights global governance. The emergence of new
But they are not equipped to take on MNCs
Commission) v. Canadian Airlines International international law customs is based on the case alone.
sec
Ltd., [2006] 1. by-case build-up of positive results.
That leaves the poor old beleaguered nation
Mr. Pell cited in his talk four examples of
state, about whom few have anything positive
Major Victory for Air Canada Flight models for this form of norm construction: (1)
to say. Unfortunately, Mr. Pell, like many of the
Attendants the elimination of child labour in cocoa
corporations he represents, wants to have this
·r Canada's flight attendants have won a production in western Africa, (2) the Kimberly
both ways. He asserts, on the one hand that
ignificant procedural victory at the Diamond Accord, (3) the World Bank's the time of states is mostly over - no on~ turns
upreme Court of Canada regarding their leadership vis-a-vis the Council of Damns, and
to the state anymore to get things done; that's
15-year long struggle to achieve pay equity with (4) British Petroleum's voluntary compliance and what companies are for. On the other hand, Mr.
other, male-dominated groups of airline self-monitoring Kofi Annan's UN environmental Pell argues that one of the principal
4
le 31janvier, 2006
accountability vectors acting upon corporations is that of state regulations
(e.g., Sarbanes-Oxley). Which is it?
Ideology aside, it is instructive to note that far from being better than
states at getting things done, the "new corporate outsourcing" according
to a recent report in The New York Times describes the trend of Western
corporations outsourcing pensions and health care to governments in order
to lower labour costs to better compete with foreign competitors. Airlines,
auto-parts manufacturers and other besieged industries are offloading their
obligations to workers under the informal contract that obtained for much of
the 20th century. The result is a government bailout of corporations not a
little reminiscent of the savings-and-loan debacle o_f the 1980s.
There is another strain of corporate social responsibility thinking that
wishes to have its cake and eat it too - the line of thinking that good
economic and environmental ethics are good for business. The tacit
assumption underlying this hopeful if misguided approach is that the bad
behaviour of corporations over the last 150 years is the handiwork of a few
bad corporate apples, while the system as a whole conduces to generally
positive results. Anyone who thinks this a basically sensible view ought to
read John C. Bogie's recently published Battle for the Soul of Capitalism. Mr.
Bogie is the founder and CEO of Vanguard, one of the four largest mutual
fund management groups in the US, and as such is the consummate Wall
Street insider. For Mr. Bogie, corporate malfeasance is more than the work of
a few bad apples: "I believe that the barrel itself - the very structure that
holds all those apples- is bad."
Mr. Bogie's solution, however, pales in comparison with his analysis. For
The
Mr. Bogie, genuine shareholder democracy is the answer. This, of course, is
anything but a novel proposal, and it ignores both the collective action
problem regarding shareholders of widely-held companies, the inherent
myopia of many institutional investors, and the reality that shareholders are
no more ethical than managers and directors. As David Westbrook observes,
the Enron scandal did not issue from a management-shareholder
misalignment (the classic agency problem). Rather, management's and
shareholders' interests were too closely aligned, obsessed as they were with
quarterly gains.
Mr. Pell's overarching thesis about the new diplomacy, however, is
instructive and likely correct: MNCs exploit arbitrage opportunities, which
abounded during the cold war especially. New customs of international law,
norms that will bring powerful corporations in line with our collective well
being, must, if they are to succeed, close regulatory arbitrage opportunities
and thus preempt races-to-the-bottom of corporate - and human - standards.
Uke it or not, the agency of the state and its principal, the public, are going To · Manes has historical ~n ra~ by our
to have to play the lead role in this process. That means increasing not only
corporate social responsibility, but citizen and consumer responsibility as well. assotf;f.t5 in Ornarfion W~ iiS D. G th~ top
Everything is connected, and we are all in this together. o~rtto rms ,,. whl~ to ~e1 •. I yo lo kin
to I !.Inch ~ c:tlllmg! 9 ~nd · W3rdlng
TorkiD Man-es may just be e · ttt
Quid Poll:
~tl ~Jflvr~nt;
Ti1mt
Should Canadian Airspace be liberalized and 41GE41J4.
opened to American commercial carriers?
1S1"1'Mj151
' 4 8 1163 tl~:ih Fl£ {41
5
QUIDNOVI
DEAR LORD THE SUNSHINE
ARTICLE
DENNING:
By Alison Glaser (Law I)
YOUR ACADEMIC AND CAREER
So, I don't know if I'm the deserve some time off by thE
QUESTIONS ANSWERED
only one who had this time May rolls around.
by N atalie Haras (Law I)
experience at Civil Law
Welcome to a new col I need help. I almost failed my career day, but I got told a lot Shitty jobs in cool places: m)
umn brought to you December exams in first-year that I should go have fun this sister spent two summers work·
by your friendly first contracts. I thought I would summer. Now I have to say that ing for Beaver Tails at LaRonde
year career/mentorship com do well. I really like this course this annoyed me when people The job sucked but she got tc
mittee. Lord Denning has but I am lost. Where can I get said this earlier in the year. go to LaRonde and ride for free
come out of retirement and is extra help? Are there any What do you mean don't work as much as she wanted. So i1
eager to help you get the study strategies that might in a law job? What else am I there is something that you
information you need to make help me do better in April? I'm going to do? I'm too qualified to really like, go for it and get it for
good decisions. Read it every afraid that the camel's nose is work at McDonald's or some free. This category also includes
week for the answers to your in the proverbial tent. thing and under-qualified to working for Ben and Jerry's,
most pressing law-related aca work in something super inter coffee shops, bakeries and any
demic and career questions. Yours, esting (like as Prime Minister, where that sells chocolates.
A mere puff say). So what are we poor first This category can also be
Write in and get your response years supposed to do? extended to doing things like
straight from Lord Denning, Dear Lord Denning working in a hostel or bar in a
and any experts he might con Well, I think we have many foreign country, which is a good
sult, to give you the most I love constitutional law. It's choices, actually. For those peo way to combine the travel and
comprehensive advice about the only course I care about. I ple who can afford to not work work thing.
your concerns. Students, pro LOVE it! Reading about it, this summer, you can travel or
fessors, and other members of writing about it, studying it. take summer courses. For those Research jobs: now, I know this
the law school community are But I'm worried that there who need to work, such as a sounds incredibly boring, but
invited to participate. aren't many career options in certain sunshiny person, don't think about it - regular hours,
this field, especially straight despair. Here are some sugges evenings and weekends free,
Every week, additional ques out of law school. Do you have tions: you usually have a phone and
tions will be listed at the end any suggestions? internet you can exploit, and if
of the column. Feel free to Summer camp: working at you show up hung over, not so
write in and help Lord Denning Best regards, camp can be very fun, and much of a big deal (as opposed
along if you feel inclined to Living in a water-tight com while it is tiring, it is no where to working in a summer camp I
share your advice. partment near as tiring as a 24 hour take mean).
home exam. Plus you get to do
Our first questions for discus Lord Denning can be reached fun things with kids all day. Work the festivals: I've had
sion are: at: [email protected] There are many specialized friends who do a different job at
(It's his Commonwealth camps around the city, like each of Montreal's amazing fes
Dear Lord Denning, address) sports camps, music camps, art tivals. Honestly, what better
Remember that Lord Denning camps, drama camps, horse way is there to enjoy the great
I have always wanted to open and his intrepid team, Rhonda back riding camps, etc. There is est city at its best?
my own community-based Grintuch, Natalie Haras,
also the sleep-away camp pos
legal practice. What steps Stephanie Jones and Olivier
sibility, although those tend to Prostitution: right, well, this is
should a young lawyer take to Plessis, are on your side.
pay less since they include illegal, so I actually do not
do this? I am willing to relo
room and board. Some of the mean this. Basically I've run out
cate but there is nothing I
day camps pay remarkably well of ideas. I want to do some
want more than to hang up
(like McGill Summer Sports thing fun this summer and
my own shingle.
Camp, which boasts as former make money!!!! Any sugges
counsellors myself and el presi tions would be greatly appreci
Sincerely,
dente Andres). The other good ated.
Anxious to fill Atticus Finch's
thing about camp is it only
shoes
starts at the end of June, so you
can travel or work a pro bono
Dear Lord Denning,
job for a few weeks before
hand. Or just chillax, since you'll
6
Kick start.
Acclaimed b~i international legal g•Jides for its leading role in some of the most important
business transactions and legal decisions around the wor Id, McCarthy Tetr ault continuously
attracts the bright est talent to its ranks.
The right fit of unique perspectives and smart thinking brings as diverse a group of people
together as there are practice groups. The result- an enterprising environment that
generates creative so hJtions and superior client service.
For the best of the next generation Cif lawyers, McCarthy Tetrault is the obvious place to
be. To learn m ore about our articling and sum mer student programs, log on to:
m cc a rthy. ca/t her ig htfit.
Then, prepare to kick-start a career with Canada's premier law firm.
~I M:; Gill law students a re
invited to eo nt act :
vanessa Oumo•J lin
[phone] McCarthy
vdu mo ul in @"n ccarth y.ca
Tetrault
I
mccarthy. ca/therlghtnt
W\lf CO UVER CMOARY LO If D 0 If ltl R0 lfTO OlT.AJJ\IA MO If TRf:AL Q U 81 EC If 9.1\1 YORK LO If D 0 If, U K
7
QUIDNOVI
THE SQUARE: page like some unfortunate spoken with earlier that there
news-junkies) I'll recount to would be no boat leaving for
you our adventures in the at least ten days. Stymied in
REFLECTIONS
Amazon Basin of Bolivia. Our this endeavor, Lindsey and I
first stop was the city of headed back into town and
ON Trinidad which, despite arranged a more conventional
featuring open sewer trip up the river with a local
technology, was surprisingly guide ...
ADVENTURES
pleasant. The mozzies
weren't too bad and the heat After a few weeks in the
COME AND GONE though ensuring that you Amazon basin featuring
sweat constantly and rarely colorful parrots, crazy
had a moment when your shirt monkeys, piranha fishing, pink
by Nicholas Dodd (Law I) wasn't clinging to you in the river dolphins and an
most unpleasant of ways - unsuccessful search for an
Well it seems that the shouldn't have gone out of
made it extremely desirable to anaconda, we headed back to
good province of your way to make me feel at
consume large quantities of the mountains. This brings us
Quebec is doing all it home. I honestly would have
beer. Our purpose in coming to a series of happenings that
can these days to make a settled for a relaxation of the
was to try and catch a cargo I've begun to call 'Nick Dodd's
prairie boy feel right at home. no-chaps rule that nightclubs
boat up the river to the A Series of Unfortunate
First off, the dreaded winter of in Montreal seem to enforce so
Brazilian border, a trip of about Events'. You are all familiar
bone-chilling cold that I was strictly. But alas, it seems
5 days. With this in mind I with Murphy's Law I'm sure,
assured would bring me to my everywhere I go I am followed
weak, Chinook-loving knees, by conservative governments jumped on a moto-taxi and and none of you more so than
has not yet come to pass (if and wacky weather - I will not buzzed out to the port to myself. Well, as some of you
you don't know what a even go into the disaster my inquire at the Port Captain's have remarked in your emails
Chinook is don't hesitate to presence once wrought on the office about when we could to me, we seem to have
ask me - it's an interesting future of a small pacific nation expect a boat to leave. Now avoided many of the disasters
piece of Canadian trivia). (fortunately the whole thing remember folks we're still in you were expecting to befall
Instead Mother Nature has was blamed on that old Bolivia!!! I politely inquired to us. This is where the Law of
been in good spirits one day, chestnut El Nino ). one of the young men in Averages comes into play, as,
in a windy temperament the fatigues in the office, who at this point in our trip,
next, and in downright icy As a result of these upsetting informed me that a boat unfortunate events began to
moods by the third. This events, and the stress that would probably be leaving in pass with alarming rapidity.
meteorological zaniness bears comes with attributing to two days. My hopes leapt! -
striking resemblance to oneself talismanic powers of Briefly. Soon a second, and Event # 1: On a hot sweaty
winters in Calgary, where the political upheaval, I am then a third man, joined our bus from Rurre back to La Paz,
motto is - and for all intents experiencing a bit of writer's discussion, and between the as I suffered from what can
and purposes this is a block. The result: this week's three they managed to only be described in polite
statement of fact - "If you installment comes to you produce answers to my query language as a raging
don't like the weather, just courtesy of Nick's travel ranging from 'the day after hangover brought on by
wait 15 minutes." Although at archives, a magical place tomorrow, for sure', to 'two successive samplings of
odds with the traditional where small observations on weeks from now, no sooner', indigenous moonshine, I fell
Montreal motto of "If you the foibles of life on the road and finally 'call this phone asleep with my head out the
don't like the weather then go are magnified into grandiose number in four hours and window. Of course, Bolivian
to Florida," I would make the generalizations about the maybe they will know' (I highways not being the
case that this winter the universe and the nature of recount you the full truth here smoothest of surfaces (they
former is a more apt being. So without further ado, - no word of fiction!). more resemble dusty and
description than the latter. we join our heroes (a former deeply rutted paths than
girlfriend and I) in the midst of With a steadfast faith in the anything else), it was not long
A second, and possibly more a six-month trip through the reasonableness of the world before a large bump jerked
disturbing, way in which Andes of South America ... that I somehow, despite all me awake. Unfortunately, in
Quebec is beginning to remind (please forgive any spelling or experience to the contrary, the process of being jerked
me of the province from grammatical errors - I was on cling to, I phoned the number awake my glasses managed to
whence I came is the sudden some serious malaria that afternoon to find - find their way off my sweat
emergence of Conservative medication at the time) surprise - no answer. So off slicked face and out the
blue on the electoral map. I we went to the port again, and window. This is hilarious I
realize that Quebeckers are of "... So if you have a moment there were informed by two realize, but also potentially
an innately hospitable and (and you don't spend all your very serious and well disastrous for my personal
welcoming sort, but you really internet time devouring BBC's uniformed men who I had not well-being. After a short
8
...
le 31janvier,
2006
aw
EXPERIENCE AN INCREDIBLE
GROWTH SPURT
by
of
ll
ne
Michele Denis
Director of Student Programs
[phone]
[email protected]
www.stikeman.com
STIKEMAN ELLIOTT
STIKEMAN EUIOTT UP
9
QUIDNOVI
SPEAK YOUR MIND ON LEGAL EDUCATION AT McGILL
Now that I am in my final term I am writing a candid and (I hope) constructive and forward-looking term
essay on legal education at McGill. I hope eventually to publish the paper in a legal journal or an
education journal, so the effort will not disappear into the void. I am especially interested in hearing from
anyone who has strong views about what the faculty does well and what it should do better. Major themes
I hope to address include:
A) Legal pluralism, transsystemia and globalization
B) Liberal education and professional training
C) Evaluation methods, limitations and innovations
D) Mental health, emotional intelligence, personal development
E) The purposes of legal education
I am hoping especially to make contact with students who began in the faculty and then dropped out
because it was not what they hoped it would be- I would like to capture and communicate some of their
reasons for disappointment. I'd also be interested in hearing from any alumni who have an interest in how
McGill's legal education should evolve. Please kindly forward this e-mail if you know someone in either
category. My e-mail is [email protected] and I am happy either to incorporate any comments
anonymously or to give credit to the source. Thanks!
IWANTTOBEA
made out of pure platinum. I
I want a luxury car. And I want want to get very upset when
that luxury car to be luxurious someone says that they don't
PLAYER in every respect. It will have take credit cards, even if it's
an on-board computer that my grandmother and I've
will balance my tires and my owed her money for weeks,
by Sam Carsley (Law II) cheque book. It will also tell especially if it's my grand
me if my fly is open. I want to mother and I've owed her
I want to be a player. I want sees smaller, weaker blackber
sink into the driver's seat and money for weeks. I also want
to have my finger on the ries at meetings, it will leap
for the fine imported leather it to make a sound like a
trigger and my eye on the from its holster and devour
to make a deep farting sound. sword being drawn every time
prize. I want to move and them whole. And when their
Also, whether I'm in the car or I take it out of my wallet.
shake and hang out with peo owners try to complain, I'll
not, I want my farts to smell
ple who also like to move and pretend that they don't exist
terrific. Most of all, though, I want a
shake. But I won't just "hang and leave the room. I'll have
beautiful girlfriend whom I do
out" with these people, my secretary send them an e
I do not want to interact with not love but looks great in a
because people like that don't mail of apology, but they won't
reality on any level. If I am black dress. She'll have a voice
"hang out." They strategize. be able to read it, because my
absolutely forced to engage full of money. She'll be great
They integrate, both vertically blackberry has eaten theirs.
and horizontally. They have with reality, I want my expo at tennis and small talk and
sessions that are both intense I want to get out there. sure to it to be filtered through drinking expensive martinis.
and productive. They have Sometimes I'll make contacts, the thick glass of a very I'll suspect she has a small
staring contests with parking sometimes I'll network, and expensive restaurant. I want drinking problem, but she'll
meters and always win. other times I'll just schmooze. to have a vague idea of what hide it well so it won't matter.
I want to have business cards people are talking about when I'll also suspect she's cheating
I want a blackberry. A huge that smell like oak and musk. I they talk about "regular peo on me with my squash part
one. One that can guide satel want to practice my cocktail ple," but not to the point that ner, but that will be okay
lites and pre-order my power greetings in front my mirror at I'm perfectly sure based on because I'll have a crush on
quiche for my power lunch at home in my underwear. I want first-hand experience. her sister. Maybe I'll make a
my favourite power restaurant to fire off the guns to the boss move at their mother's birth
I want a company credit card. day party.
where I will meet other power from across the room and for
I not only want it to be a plat
people that smell great. And him to shoot right back, every
inum card, but I want it to be
when my immense blackberry time.
10