Mediation Services Celebrates 10Th Birthday Program Invaluable in the Pursuit of Access to Justice by Adam Vasey ’02

len rotman on fiduciary duties a university of windsor law school publication – vol. 2, no. 1 page 4 mediation services celebrates 10th birthday program invaluable in the pursuit of access to justice by adam vasey ’02

Committed to providing free client-centred conflict Master Beaudoin called the statistic misleading, resolution services, and engaging in community since many involve late settlements which still force outreach with at-risk youth and young offenders, clients to pay dearly in time and money. Mandatory high school students, and numerous not for profit mediation addresses this deficiency by accelerating agencies, Mediation Services truly embodies the negotiation process while giving the clients Windsor Law’s theme of “Access to Justice”. ownership over the resolution of their conflict. Harnick and Beaudoin spoke eloquently about Beaudoin noted that mediation’s sometimes the inextricable link between mediation and access “touchy-feely” image can be easily dispelled when to justice. Both noted mandatory mediation’s role one views it as simply “assisted negotiation”. As in enhancing access to justice. As Attorney Beaudoin observed, the legal profession often General of Ontario from 1995 to 1999, Harnick obscures the important distinction between “cases” was instrumental in bringing mandatory mediation and “problems” and “victories” and “resolutions”. to fruition. Mandatory mediation, which began as a pilot project in Ottawa in 1997 and has since expanded to Windsor and Toronto, has admittedly endured growing pains, particularly in Toronto. As Master Robert N. Beaudoin ’79, Dr. Julie Macfarlane Harnick pointed out, however, since 1999, the and former Attorney General Charles Harnick ’75 settlement and partial settlement rates for mandatory mediation have hovered around a very The University of Windsor Mediation Services respectable 50 percent. (UWMS) celebrated its 10th Birthday by hosting While legal aid, pro bono work, contingency fees a symposium at which distinguished alumni, and class actions have all had a hand in expanding former Attorney General Charles Harnick Q.C., access to law, Harnick called mediation “the single L.S.M. ’75 and Master Robert N. Beaudoin ’79, most significant tool we have to make our court reflected upon the past and future of mandatory system … accessible”. He added that, while we mediation in Ontario. must enhance people’s ability to get into the legal As the first clinical mediation program to be system, it is equally important that we provide established in a Canadian law school, the them with opportunities to get out of the system University of Windsor Mediation Services began affordably. Despite the inherent challenges facing humbly: as a single phone tended on a volunteer mediation, Harnick was confident that skepticism Dean Bruce Elman presented Certificates of basis by Dr. Julie Macfarlane and a small group of toward mediation will wane as more lawyers are Appreciation to Mark Leach ’77 representing the Law students. Since that time, it has made tremendous trained as mediators and experience, firsthand, the Foundation of Ontario and Michelle Dobranowski ’03 representing Osler Hoskin Harcourt LLP strides. Generous financial support from Osler, benefits of mediation. Harnick concluded by Hoskin and Harcourt LLP, the Law Foundation of calling on the current Attorney General of Ontario, and the University of Windsor has Ontario to provide the necessary technology for Often, he added, clients want to tell their stories allowed Mediation Services to expand its role in expansion of the project. and, once they have done so, might be entirely the Windsor-Essex community and also meet Robert N. Beaudoin, Case Management Master satisfied with an apology and a handshake. growing student demand. for the Ontario Superior Court in Ottawa, argued Both Harnick and Beaudoin concluded that The Director, Gemma Smyth ’02, oversees the that mediation’s ability to offer timely, affordable programs such as the Mediation Services are rapidly increasing caseload, which offers students access to justice and a “client-centred approach to invaluable in the pursuit of access to justice invaluable for-credit experiential learning through advocacy” makes it integral to the successful because they raise the public profile of mediation the Mediation Clinic and Advanced Practicum in administration of justice. Although more than 90 as a viable and inherently democratic form of Mediation and Conflict Resolution programs. percent of cases resolve without going to trial, dispute resolution.

inside this issue:

faculty research awards – p2 ..... herlehy and berryman appointments – p3 ..... faculty focus: len rotman – p4 faculty opinion: myra tawfik – p5 ..... ambassador rock delivers herb gray lecture – p6 ..... the attorney general visits law school – p7 passionate speakers mark human rights and development conference – p8 2 3 Professor David Tanovich was one of four junior has been since arriving at Windsor. His professor david faculty members at the University to be awarded a achievements both in terms of quantity and francine herlehy named assistant dean (student services) tanovich: excellence 2005 University of Windsor Award for quality are extraordinary.’ Excellence in Scholarship, Research and It has been a “banner year” for Professor Francine Herlehy ’89, Director of Career Services, Law’s extensive program of scholarships, bursaries, Professionals, the Canadian Legal Career in scholarship Creative Activity. Tanovich. In what must certainly be a unique has been appointed Assistant Dean (Student and other types of student financial support. Development Network, the Essex Law In presenting the Award of Excellence to achievement, Professor Tanovich delivered two Services) commencing February 1st, 2006. The office will also work towards ensuring that Association, and the Essex County Association of Professor Tanovich, Dr. Susan McDaniel, then prestigious named and endowed lectures this Francine has spent the past four years as Director students at Windsor Law have access to a broad Women Lawyers. Francine has lectured at the Vice-President, Research, noted: “Professor David academic year – the 2005 F.B. Wickwire of Career Services for the Law School. She will use range of law school Tanovich joined the Faculty of Law in 2003. His Memorial Lecture at Dalhousie Law School the knowledge and experience gained during her experiences including three books on jury selection, on criminal law, and and the 2006 Culliton Lecture at the University tenure in that position in her new role as Assistant international exchanges on criminal evidence, are soon to be followed by of Saskatchewan. Dean (Student Services). and domestic and two more – one on evidence and a second on The F.B. Wickwire Memorial Lecture is named “For the past five years we have been investing international racial profiling and criminalization of diversity, in memory of prominent Halifax lawyer, F.B. in student services. The next logical step was to internships and both forthcoming in 2005.” Wickwire. The Lecture was delivered in create a position at the Assistant Dean level to externships. The Dr. McDaniel continued: “David Tanovich is November 2005. Professor Tanovich spoke on oversee existing student services and broaden the Assistant Dean will also described by one external reviewer as ‘an “The Legal Reconstruction of Role Morality in scope of services to meet student needs,” Dean provide strategic outstanding and committed scholar.’ This reviewer Canada – In the Interests of Justice”. The Culliton Bruce Elman noted. “I cannot think of anyone support to the Dean goes on to say that ‘David’s love affair with Lecture was established in honour of the more qualified to lead us in the development of and Associate Dean on research was evident from the time he was a retirement of Chief Justice Edward Culliton, a this Office than Francine. We are very pleased she policy matters relating student. David chooses timely, often cutting edge former Chief Justice of the Province of accepted the position.” to the Faculty of Law, topics – things that matter – and it is evident that Saskatchewan. The Lecture took place in The Assistant Dean’s role begins with the the University, legal he becomes consumed with ideas and possibilities.’ January 2006. applicant. The Assistant Dean will oversee the education and the legal Another external reviewer reports, ‘It is astonishing Professor Tanovich was also a featured speaker admissions process and provide advice to the profession. that Professor Tanovich has achieved such an at the first critical race conference held in Toronto prospective student. The goal is to ensure that Francine practiced impressive research record at such an early stage in October, 2005. He addressed “The difficulties in Windsor Law continues to attract a diverse student civil litigation in of his academic career.’ Another reviewer, on the litigating racial profiling cases.” body committed to our institutional themes of Windsor for 11 years, same theme, adds, ‘I cannot think of any law Congratulations, Professor Tanovich! “Access to Justice” and “Canada-US Legal Issues”. most prominently with teacher, junior or senior, as productive as David The Assistant Dean will provide program Sutts Strosberg LLP, counselling as well as indebtedness counselling to prior to her return to assist students in both financing their legal Windsor Law. She is a member of the Ontario Faculty, was an instructor at the Bar Admissions five faculty members receive education and managing their debt load. The Trial Lawyers Association, the Advocates Society, Course and is active in continuing legal education faculty recognition awards Assistant Dean will play a major role in Windsor NALP – The Association for Legal Career programs both as a presenter and participant.

The University of Windsor awarded five 2005 Century: The Way Forward, Faculty Recognition Awards to members of the published by Irwin Law. Professor Jeff Berryman, an internationally scholarship as well as by his plan of activity for Law Faculty at the recently held Celebration of Dr. Julie Macfarlane received renowned remedies scholar, recently became Research leadership,” Dean Elman continued, Research and Scholarship Excellence. Dean the 2005 Award of Excellence jeff berryman the first holder of Windsor Law’s Research “Based upon his strong ties across the Elman noted what a great pleasure it was for him from the International Academy Leadership Chair. The University of Windsor University’s Research community as well as his and his colleagues to have so many of Mediators. The Award, appointed to established the Research Leadership Chair in ongoing leadership role within the University, accomplishments to recognize at this year’s event. presented in May 2005, research 2004 as a complement to the Canada Research he would provide excellent leadership to Professor Reem Bahdi was recognized for represented the first time that a Chair program. younger colleagues as the Research Leadership having received a $4.5 million grant from the Canadian had ever received this leadership chair The five-year appointment will allow Chair in Law. Professor Berryman has strong Canadian International Development Agency honour. And, it is only the second Professor Berryman to promote and enhance ties to the American academic community as (CIDA) for her project on “Canadian-Palestinian time that a woman has achieved research and scholarship in the Faculty of Law. well as scholars throughout the Judicial Education.” Over the next four years, this honour. This is a notable Faculty Recognition Award Winners (LtoR): Bill Bogart, Reem Bahdi, It will also provide him additional resources to Commonwealth. I am certain he will provide Professor Bahdi will work closely with partners in achievement and fitting Sukanya Pillay, and Len Rotman pursue an individual research agenda. strong research leadership to our Faculty as the the Palestinian Authority as well as with a cadre of recognition of Dr. Macfarlane’s Dean Elman was pleased with Professor initial holder of the Research Leadership Chair.” Canadian judges to educate the Palestinian exceptional career as a researcher and scholar in Professor Pillay has a unique combination of Berryman’s appointment: “There were a Professor Berryman’s mandate will include judiciary on the rule of law and human rights. the area of alternative dispute resolution. research, scholarship, and creative activity. number of excellent submissions from members fostering and supporting research among peers, Professor W. A. Bogart made major Professor Sukanya Pillay created Robbing Dr. Leonard Rotman made a major contribution of our Faculty. A committee reviewed the particularly younger faculty. He will also act contributions to research and scholarship during Pedro to Pay Paul, a one-half hour BBC to research and scholarship during the past year submissions and was uniformly impressed by as our liaison with the Office of Research the past academic year with the publication of his documentary which explores the impact of with the publication of his book entitled Fiduciary the high quality of the applications.” After a Services, oversee the development of a book, Good Government? Good Citizens? globalization and NAFTA on Mexican corn Law. This book is the first in Canada to examine very careful examination of all of the research webpage, coordinate research Courts, Politics, and Markets in a Changing farmers. While world leaders negotiate the nature of the fiduciary relationship and applications, the Committee chose Jeff workshops, and explore the creation of a Canada, which examines the interaction of law international trade policies related to agriculture, obligations to which it gives rise. The book is a Berryman, a former Dean of the Faculty, as its graduate program in law. and social issues with an emphasis on the growing Professor Pillay’s documentary examines how significant Canadian contribution to the growing first nominee for the Research Leadership As part of his individual research plan, influence of rights and the ascendance of the these policies are robbing farmers in developing worldwide literature on the subject. Particular Chair in Law. Professor Berryman hopes to complete a courts as arbiters of issues confronting the post- countries of their livelihood. In addition to having emphasis is placed upon the fiduciary relationship “The Committee was impressed by both the comprehensive hallmark text on the Canadian industrial state. Professor Bogart also co-edited a been shown on BBC, the documentary was aired between the Crown and Aboriginal people – a quantity and quality of Professor Berryman’s Law of Equitable Remedies. collection of papers (with Julia Bass and Fredrick on CBC’s Newsworld, and has been shown at five novel use of the principles of fiduciary law. Zemans) entitled, Access to Justice for a New law schools in Canada and the United States. Congratulations to all!

windsor law now – february 2006 windsor law now – february 2006 4 5 In his most recent book, Windsor Law professor in either the commentary or the jurisprudence. So where one party is all-powerful and the other Len Rotman challenges the orthodoxy that I just started digging, and now I’m still digging. party has no power. As I emphasize in the book, fiduciary law is inherently vague and confused. In fiduciary relationships can also exist between Fiduciary Law, he traces the confusion to a Could you explain a little bit about the fiduciary parties of equal power, business partners being a faculty opinion: fundamental lack of understanding, and develops a concept and its underlying purpose? good example. If partner A decides to enter into a unique vision of the fiduciary concept that is One of the interesting things about fiduciary law contract and doesn’t advise partner B, partner B myra tawfik Q&A functional and rooted firmly in history. Len is that there isn’t a lot of agreement on it, then is vulnerable. Partnership is, therefore, a good Rotman recently sat down with Adam Vasey ’02 especially on its purpose, and often you find the example of a reciprocal fiduciary relationship. creative destruction: faculty focus: to bring much-needed clarity to this courts applying fiduciary law without really They are unequal within the fiduciary nature of the supreme court of canada misunderstood area of law. discussing its purpose. The purpose of fiduciary the relationship, but there’s no requirement that and the limits of intellectual len rotman law, in my view, is to foster interdependency, they have to be inherently unequal outside of that. Why are you interested in fiduciary law? which allows for specialization. Specialization, in A second misconception is that all elements of a property rights developing a unique vision My interest stems primarily from Crown- turn, promotes knowledge and invention and fiduciary relationship are necessarily fiduciary. Take of the concept of a fiduciary Aboriginal relations, and particularly the discussion industry, which contribute to the greater good. So, the doctor-patient example, which is clearly a of fiduciary law in the Guerin case. I found the for example, instead of you or I having to grow all fiduciary relationship. If a doctor gives a patient principles really interesting, but as I started to do of our own food, if somebody else is growing food stock advice, the patient can’t then sue the doctor my own research on fiduciary law generally, I which we can purchase, that gives us time to for breach of fiduciary duty. Over the last few years, the Supreme Court of shapes – those shapes necessary for the wasn’t finding appropriate or acceptable answers engage in other pursuits. Ideally, society will be Canada (SCC) has been unusually active and functioning of the product itself - could never better off with a variety of specialists rather than a You note that, while the fiduciary concept is no decidedly activist in intellectual property (IP) benefit. The idea that a former patent holder number of generalists. More specialization, less fluid than certain common law concepts – law cases. There is no doubt that this increased could claim trademark rights in the functional however, also leads to more dependency. such as the “reasonable person” or the “best interest is a reflection of the growing shape of its product – the very shape in respect interests of the child” – criticism of it is importance of the knowledge-based economy of which a patent had been obtained – had So this is why trust is so fundamental to your disproportionately harsh. Why is this? and the belief that IP rights are the engines to always been seen as an inappropriate extension “operational vision” of the fiduciary concept. I don’t really know why that is, which is part of drive it. But the Court’s interventions can also of monopoly. The doctrine of functionality was Exactly. There is a reason why fiduciaries are the reason I write about it in the book. It’s an be seen as a reaction to a growing developed to guard against such undesirable subject to higher standards than people in ordinary ordinary legal process to start with a general, aggressiveness on the part of IP rights holders ‘evergreening’ of patent rights under the aegis contractual relationships. The generic aspect to all overarching principle and then get into more of to push the boundaries of their monopolies to of trademark law. fiduciary relationships – whether doctor-patient, the details. Fiduciary law, in this regard, is no greater extremes both domestically and In confirming that the doctrine of lawyer-client, or director-corporation – is trust, different from the common law. You start with the internationally. The SCC has been making it functionality was a legitimate limitation on reliance upon others. You expect these specialists to general principle that certain relationships are of clear that IP rights must be delimited. trademark rights, whether under the statute or work on your behalf, and not for their own benefit fundamental importance to society, and that the For example, the Court has ruled that under the tort of passing-off, the Court stated: or for the benefit of others. But because they have vulnerable parties within them ought to be Canadian patent law does not permit the Granting such a claim in these power over your interest, because you’re dependent protected, and then you fill in the gaps. patenting of higher life forms. A living upon them, you’re always at least potentially circumstances would amount to recreating organism, such as the transgenic mouse at a monopoly contrary to basic policies of susceptible to abuse. Fiduciary law fosters Explain what you mean by the “fiduciary issue, can never constitute an invention capable interdependency by providing a method of the laws and legal principles which inform paradox”. of being appropriated. In its last three redress if something goes wrong. It’s almost like the various forms of intellectual property in The paradox is this: fiduciary law is constantly copyright law decisions, the Court has been a money-back guarantee. our legal system. The appellant is no longer being argued in many different areas of law, yet very clear that the law must balance the entitled to protection against competition in it’s clear from the commentary, even judicial competing interests of the copyright holder respect of its product. It must now face the You mentioned the higher standards attached to commentary, that people don’t really know what with those of users of copyright material. In rigours of the free market and its process of fiduciary law. Can you talk about the relationship it is. The best way to eliminate this paradox, to fact, the pronouncements on copyright creative destruction. between fiduciary law and common law? culminated in the remarkable decision of CCH clear up the vagueness and uncertainty, is through In this increasingly commercialized and Law has to be general, but sometimes applying Canadian v. LSUC in which the Court referred education. Before we can understand how consumerist society, in which it often seems the general law promotes injustice. Fiduciary law for the first time to “user rights”, invoking the fiduciary law ought to be applied, we must that a proprietary interest is claimed in just education: teaching (2005-2006): has its roots in the English courts of equity, which language of ‘rights’ to emphasize that understand where it comes from, why it exists, about every possible intellectual exercise, the were designed to fill in the gaps of the common copyright holders and users of copyright B.A. (Hons., with Distinction) 1988, Constitutional Law and how it functions. Once we achieve that level Court’s clear message serves as a critical University of Toronto law. Contract law works most of the time, but material stand on equal footing under the law. Aboriginal Law of understanding, my hope is that the paradox reminder to jurists and policy-makers alike: LL.B. 1991, Queens University fiduciary law applies to those situations of high In its most recent foray, the Court upheld Fiduciary Law will implode. over-protection can be as pernicious as under- trust and confidence where contract won’t work. the jurisprudentially-created doctrine of LL.M. 1993, Osgoode Hall Special Lectures on Aboriginal Law protection. Fostering creative destruction and Because the standards in fiduciary law are higher, functionality as an overarching bar to S.J.D. 1998, University of Toronto How realistic is this type of change, especially ensuring the continued existence of a public publications: the remedies are harsher. This gives fiduciary law trademark rights in primarily functional shapes. given the complexity of relationships in an domain are as important to a healthy IP appointments: Fiduciary Law its deterrent effect. In Kirkbi AG v. Ritvik Holdings Inc, at issue was increasingly specialized society? system as the safeguarding of exclusive rights. Assistant Professor of Law Canadian Corporate Law: Cases, Notes the well-known shape of the LEGO brand toy Fiduciary law has survived for hundreds of years University of Alberta, 1996 and Materials 2nd and 3rd eds (with B. You have said there is a considerable amount of bricks. The patent on the bricks had expired in because the fundamental principles it seeks to Assistant Professor of Law Welling and Others) misunderstanding surrounding the fiduciary 1988 and LEGO sought to perpetuate its Myra Tawfik teaches Copyright Law, Trademark University of Windsor, 1998 Aboriginal Legal Issues: Cases, Materials concept. What are the common misconceptions? uphold are good ones – particularly for a growing monopoly by arguing that the shape of the Law and the Law of Confidential Information. Associate Professor of Law and Commentary 1st and 2nd eds (with One misconception is the idea that fiduciary and increasingly complex society that requires bricks had acquired distinctiveness under She recently published "Follow the Lego Brick University of Windsor, 2000 J. Borrows) relations only exist between parties of unequal some form of legal protection for all the trademark law. Although Canadian law does Road: The Doctrine of Functionality under Professor of Law Parallel Paths: Fiduciary Doctrine and power, such as parent-child or guardian-ward. circumstances in which people find themselves. In University of Windsor, 2001 the Crown-Native Relationship in Canada recognize trademark rights in shapes, the Canadian Trademark Law" in volume 15 Now, these are certainly fiduciary, but when the an era of so-called “globalization”, there’s an even courts had long held that primarily functional Molengrafica Series (Antwerp: Intersentia, 2005). same types of examples are always used in greater need to insulate people from abuse and judgments and commentary, it creates the improper opportunism. Fiduciary law, I think, is impression that fiduciary law only applies in cases sufficiently fluid to provide this protection.

windsor law now – february 2006 windsor law now – february 2006 6 7 mccarthy tétrault creates leadership awards lerners’ cup capstone michael bryant discusses unique role of the to legal writing attorney general In celebration of the McCarthy Tétrault LLP's their potential and reach their goals. and research course 150th Anniversary, the firm has established the We have created the McCarthy Ontario Attorney General Michael Bryant visited Attorney General is a member of the Cabinet but McCarthy Tétrault Leadership Awards. The Tétrault Leadership Awards to Lerners LLP will provide an important capstone Windsor Law early in the Fall Term. The Moot is not elected, is not a member of the Legislature awards were established to recognize the leaders celebrate the leadership potential in to Windsor Law’s highly rated first year Legal Court Room was filled to capacity to hear the and is not directly accountable to the electorate. In of tomorrow. Two leadership awards of $5000 today's law students and to encourage Writing and Research (LWR) Program. LWR Attorney General address the topic of The other jurisdictions such as Bermuda, Singapore, each will be given annually at the University of others to carry on the tradition of concludes with exercises in both written and oral Attorney General in the 21st Century. “The Attorney Israel and Hong Kong, the Attorney General is a Windsor Law School and other schools across excellence" states W. Iain Scott, General occupies a unique position in our public servant – not an elected official. Canada. One first-year and one second-year Chairman and CEO, McCarthy constitutional system,” Bryant noted, “The Office “Combining the role of cabinet minister with student will receive the Award based upon strong Tétrault LLP. has unique responsibilities to the Crown, the chief law officer of the Crown is one of the academic performance and demonstrated initiative Dean Bruce Elman noted: “I am courts, the Legislature and to the executive creative geniuses of our constitutional system,” and leadership qualities through participation in very pleased that McCarthy Tétrault branch of government.” the Attorney General declared. “At times it extra-curricular activities within the law school or LLP has seen fit to celebrate their Dean Bruce Elman with W. Niels Ortved, Litigation Partner, and Bryant went on to point out that the Attorney produces tensions, but on the whole it ensures general community. At McCarthy Tétrault LLP, 150th Anniversary by inaugurating Sheena MacAskill, Director of Professional Services General wears two hats: a “political” hat as a that the Constitution is always spoken for at the leadership is viewed to be as important as the McCarthy Tétrault Leadership member of cabinet and a member of the highest levels of Government. And that is one of academic quality. McCarthy Tétrault has achieved Awards. These awards are government and a second hat as the “Chief Law the most important roles of an Attorney General its reputation through hard work, legal excellence particularly appropriate at Windsor Law where we philosophy and culture.” Officer of the Crown”. “When wearing this second in 21st Century.” and consistent strategic planning by strong leaders. prize community involvement and leadership both The inaugural winners will be announced in hat,” Bryant stated, “the Attorney General has a "Leadership is about inspiring others to achieve in our admissions criteria and in our internal June, 2006. constitutional obligation to act independently of Cabinet and of the Premier.” Providing the students with a advocacy through the factum writing assignment lesson in “The Attorney and moot court arguments. The Lerners’ Cup will comparative How should the United Nations adapt to the UN has become increasingly splintered in constitutionalism, General has a ambassador rock meet new global challenges? What role should the post-Cold War era. He cited United provide a fitting culmination of the advocacy portion of the program. The announcement was Bryant pointed constitutional delivers 2nd herb gray Canada play? Students, lawyers, professors, States’ unilateral tendencies, conflict in the out that in Great and community leaders filled the Moot Court Middle East, and the failure to meet made by Michael M. Lerner, Partner in Lerners obligation to act LLP and Dean Bruce P. Elman. Britain, the distinguished lecture at the University of Windsor Law School to development goals in the global South as the Attorney General independently...” hear His Excellency Allan Rock, Canadian “three principal contaminants in the UN “At Windsor Law, we place great emphasis on clinical and experiential learning,” noted Dean is an elected Attorney General Ambassador to the United Nations, answer atmosphere”. If the UN is to remain relevant member of the these questions. His address, entitled The and effective, he concluded, it must Elman. “The Legal Writing and Research Program Michael Bryant is the fundamental course upon which our entire government and United Nations at a Crossroads: Why Canada is its chief legal Believes Now is the Time for Change, was the clinical and experiential program is based. Having Lerners involved can only add to the profile and advisor but sits 2nd Herb Gray Distinguished Lecture, a outside of series which focuses on Canada’s place in the prestige of the program, mooting and our entire emphasis on experiential learning.” cabinet. In the world and on what it means to be Canadian. United States, the Dr. Harvey T. Strosberg Q.C., D.C.L. ’03 Michael Lerner was equally enthusiastic. “We at chaired the evening and introduced the Lerners are delighted to be able to extend our Honourable Herb Gray, who spoke briefly to relationship with the University of Windsor Law the standing-room only crowd. School in this manner. Were it not for Windsor, Ambassador Rock, who was introduced by we would have a lot of empty offices and fewer new reference librarian! friend and former colleague Justice Eleanore partners. We feel we are privileged to be able to Cronk ’75, D.C.L. ’04, was appointed contribute to Windsor’s academic program in so Annette comes to us from the Harvard Law Ambassador to the UN in 2004. He spoke demonstrate an unwavering commitment to many meaningful ways.” Lerner further stated, “we School Library (3 years, 2002-05). She is no passionately of his experiences at the multilateralism and a willingness to undertake welcome the opportunity to partner with our “newcomer” to this Law School, having completed “epicentre of multilateralism”, and outlined reforms which will enhance its accountability, colleagues at the University of Windsor Law her law degree at Windsor Law in 1998. Annette Canada’s instrumental role in the such as the elimination of permanent School and to enhance the Legal Writing and then articled and practiced in the Windsor area. “Responsibility to Protect” policy, which membership in the Security Council. Research Program offered to first year students.” Ms. Demers completed her library degree at the authorizes UN intervention in cases of Ambassador Rock praised the Right The final round of the Lerners’ Cup will involve University of Western Ontario in 2002. genocide and other atrocities. He also noted Honourable Herb Gray, who was in the top six student mooters – three appellants and She has an avid interest in international law, Canada’s involvement with the Peacebuilding attendance, for serving Windsor and Canada three respondents (one each from the three LWR being a member of the International Association Commission, which promotes good with an “enduring humility” over his sections) – as chosen from the preliminary rounds of Law Libraries, and an editor of the A.L.L. governance within developing democracies, as unprecedented tenure of almost four decades of the LWR moots. The judges will be drawn from Foreign, Comparative & International Law’s well as the creation of the Security Council in the House of Commons. As Ambassador the Courts and from the senior members of the Special Interest Section Newsletter. Annette also Report, which he argued will be a reliable Rock remarked, the future success of the UN Bar. Prizes and a remembrance from the event will was the author of “Table 2, Foreign Jurisdictions” source of information and critical analysis. hinges on the vision and dedication of leaders be awarded to all the finalists. in the forthcoming edition (18th edition) of the However, Ambassador Rock conceded that such as Mr. Gray. “Lerners is well known for its strength in Harvard Law Review Association’s The Bluebook: litigation. We have many alumni at the firm. This The Paul Martin Law Library has been pleased A Uniform System of Citation. This standard is a natural partnership and I am looking forward to welcome Ms. Annette Demers ’98 as the new reference is mandatory reading for Law 1s at to the first competition,” stated Dean Elman. Reference Librarian, effective August, 2005. most U.S. law schools.

windsor law now – february 2006 windsor law now – february 2006 8 windsor conference addresses development and human rights by adam vasey ’02

Can developing countries successfully implement Development movement and longtime friend and market-based reforms while simultaneously colleague of Dr. Dias and Windsor Law Professor maintaining a commitment to human rights? Pre- Emeritus Lakshman Marasinghe, said it is time for eminent scholars and practitioners from across the the law and development community to move human rights and law and development beyond generalities. Professor Paul articulated six communities gathered at the University of Windsor specific categories of human rights (security, Law School recently to answer this difficult participation, equality, cultural, development and question. The Conference, entitled Human Rights rule of law) which developing countries must and Development: The Challenge of Dual Transition, embed in their legal orders if “democracy and was hosted by the Centre for Law in Aid of human development are to be sustainable.” Development (CLAD) and featured a keynote In a sobering paper on the human right to food, address by Dr. Clarence Dias, President of the UN’s Windsor Law Professor Sukanya Pillay ’90 International Center for Law in Development. examined why hunger – the “silent genocide” that In his keynote address, The Changing Context of kills 24,000 people every day – still exists in a world Development Cooperation: Human Rights Challenges which produces enough food for twice its and Opportunities, Dr. Dias used an illuminating case population. As Professor Pillay explained, when study of Nicaragua to demonstrate the importance developed countries provide subsidies to corporate of a human rights based approach to development. farms, the huge food surpluses exported to other Specifically, Dr. Dias stressed that contracts between markets render local farmers unable to compete. Dr. Clarence Dias, President, United Nations donor agencies and recipient governments must be These trade-distorting subsidies have led, for International Center for Law in Development example, to the displacement of 15 million Mexican maize farmers, and (since 1997) to the suicide of “Resources are being 25,000 farmers in India. In light of the ever- widening gap between rich and poor farmers, siphoned by thieves Professor Pillay said it is crucial for human rights to that steal money be mainstreamed into globalization. One of the conference’s more controversial in the billions.” papers was delivered by Rhoda Howard- Professor Hassmann, a world-renowned scholar on human Paul Ocheje rights in Africa, who questioned whether dual transition can support economic rights at all. Defending Ghana’s transition from a socialist to a market economy in the early 1980s, she suggested that economic growth is a prerequisite for Dr. Paul Ocheje, Director of Windsor’s Centre binding and enforceable, and that local participation economic rights, and that we must “figure out how for Law in Aid of Development must be conceptualized as “both a means and an [developing] countries can create their own wealth”. end to development”. While acknowledging Ghana still faces many In a subsequent paper, delivered as a conference problems, Professor Howard-Hassmann argued the participant, Dr. Dias called upon law and country’s economic transition has produced many development scholars and practitioners to respond benefits, including a multi-party system, a freer innovatively to increasing privatization and judiciary, a freer press, a freer civil society and a shrinking development assistance resources. As Dr. more stable legal system. Dias stated, we must “apply human rights values, Windsor Law Professor and Director of the principles, standards and goals to every stage of Centre for Law in Aid of Development, Dr. Paul development programming”, including design, Ocheje, wrapped up the conference with a paper monitoring, implementation and evaluation. Only calling for civil and political rights to be treated with then, he concluded, will the development process the same urgency as economic development. As achieve greater participation, transparency, scarce development resources are being siphoned accountability, empowerment and equity. by a “new breed of thieves that steals money in the In a similar vein, Professor Emeritus James C.N. billions”, Dr. Ocheje said it is time to re-examine the Professor James Paul (Rutgers University) Paul, of Rutgers University, called development a state-centred approach to international law, and “process through which all human rights will be hinted that a “supranational” law might be the best realized.” Professor Paul, a founder of the Law and way to deal with the poverty and corruption.

windsor law now is published semi-annually by the office of the dean, faculty of law, in co-operation with public affairs and communications, university advancement, university of windsor support for windsor law now is provided by windsor law alumni and friends ..... for more information or to submit story suggestions, email [email protected] or call (519)253-3000, x2930 editor: bruce elman ..... contributors: francine herlehy ’89, karen momotiuk ’96, paul murphy ’71, myra tawfik, adam vasey ’02 ..... photographers: tyler brownbridge, susan jacobs, tory james, dan janisse, kevin kavanaugh ..... designer: rob aitkens ..... website: www.uwindsor.ca/law

PAC 2715 - Produced by Public Affairs and Communications, University Advancement, University of Windsor 2006