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Volume 90, Issue 2 (2016) Osgoode Hall Law School of York University Osgoode Digital Commons Obiter Dicta Alumni & Law School Publications 9-20-2016 Volume 90, Issue 2 (2016) Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/obiter_dicta Part of the Law Commons Recommended Citation "Volume 90, Issue 2 (2016)" (2016). Obiter Dicta. 52. http://digitalcommons.osgoode.yorku.ca/obiter_dicta/52 This Book is brought to you for free and open access by the Alumni & Law School Publications at Osgoode Digital Commons. It has been accepted for inclusion in Obiter Dicta by an authorized administrator of Osgoode Digital Commons. Volume 90 | Issue 2 | obiter-dicta.ca The Definitive Source for Osgoode News since 1928 Tuesday, September 20th, 2016 A CALL FOR SYMPATHY RESPONDING TO PRESIDENT DUTERTE’S VIOLENT WAR ON DRUGS Author › Jerico Espinas The Philippines is under international scrutiny non-government organizations (NGOs) like Human In this Issue... due to President Duterte’s violent and illegal anti- Rights Watch, the Office of the United Nations High editorial drug policies. Since becoming President on 30 May Commissioner on Human Rights (OHCHR) urged There is no I in Law 2 2016, Duterte has encouraged the extrajudicial kill- the Philippines to stop these unlawful killings. ing of drug offenders from both police departments International leaders have also voiced their concerns news and vigilante groups, stating in his inaugural speech over President Duterte’s clear disregard for human Race and the Politics of Impotent Rage 3 at Davao City to “[d]o it yourselves if you have guns, rights, including President Obama. you have my support.” The numbers alone are shock- What’s incredible about Duterte’s presidency opinion ing: 1,466 killed during police operations, 1490 is that, despite the local tragedies and despite the Blaming the Victim and killed from vigilante action, 16,000 suspects formally international pressure, he is still supported by a vast Concealing the Evidence 6 arrested, and over 700,000 drug offenders “volun- majority of Filipinos. President Duterte beat his clos- tarily” handed in. And the numbers are showing no est rival by over 6.6 million votes during the presi- arts & entertainment sign of stopping. dential election, and Pulse Asia recently published a Jurisfoodence 9 The international community responded in its survey that shows 91% of Filipinos have a high degree usual fashion by naming and shaming President of trust in him. sports Duterte’s actions. In mid-August, following a number A Welcome Message from the ››› Continued on page 14 of calls to action over the summer by prominent Osgoode Hall Law Journal 12 2 Obiter Dicta EDITORIAL There is no I in Law A Plea for Collaboration Author › Erin Garbett Editor-in-Chief Whether you’re just starting out at Osgoode, handle on it. And, if you try to explain something and entering 2L, 3LOLing or an LLM student, one thing a question stumps you, you know what you need to is almost certainly clear to you by now: law school is study more. Likewise, helping someone hone their competitive. Most classes are graded on a bell curve, research skills or learn to read cases more efficiently there’s some kind of articling crisis happening, and will reinforce your capabilities. Everybody wins! there are only so many spots in club executives, moot Now let’s turn what is often cited as the worst teams and clinics/intensives. It’s a zero sum game form of law school drudgery—the group assignment. right? Either you get ahead or someone else does. Jeez, can’t we all just do our own thing and not worry Better to study by yourself rather than help others about arranging schedules, delegating tasks and deal- understand the material. Better to save that tip about ing with disagreements? How will we reconcile all the the professor’s grading style than telling others. different writing styles? What a nightmare! Better to maintain an edge over your classmates (and I want to push back on this understanding of group houseofmo.com coworkers). Gotta look out for #1. assignments. I must admit, I only have one summer of While on some level I (barely) understand this line law firm experiences. However, I can say that not one Before I completely dissolved into a puddle of uncer- of thinking, I will never agree with it. And that is why work product left that office without at least two sets tainty, I realized life is a lot easier when you see and I’m using this little editorial of mine to reach out to of eyes reviewing and revising it. Whether a factum, treat fellow students as colleagues rather than adver- you and beg you to be a team player from now on, an agreement or an article for the website, everything saries. Check in with each other, offer to take on until the end of your time at Osgoode and throughout has multiple people either writing the document, a task if you have a lighter workload, offer advice if your careers. editing the document, or both. And that translates in someone is dealing with a topic you’ve worked on better work. You’d be shocked the number of people before, give them that tip you heard about the partner Still with me? Great! Here’s my pitch. it took editing an article this summer to catch “the they’re doing work for. Court hat stated multiple times…”! While the notion No matter how tight the curve is, or how few Let’s start with the rest of your Osgoode life. What of a “Court hat” stating a legal doctrine is hilarious, spots there are at your dream firm, be a good friend is the point of law school? Is it to learn the law? To it would look rather silly on an law firm’s website. and colleague to those around you. They say, “it’s not learn how to do legal research? To—as an associate So, learn to work as a team now. Learn how to resolve what you know, it’s who you know.” I posit that more at my summer job stated—learn how get stuff done conflicts, learn how to divvy up tasks and learn how than that, what matters is who you know that likes fast and get it done well? To learn how to think like a to being a useful meeting attendee. you. I won’t pretend I wasn’t burnt out by the end of lawyer? Truthfully, this is a question far beyond the Even if you’re planning to be a sole practitioner, the summer---because I definitely was---but I can scope of 700-1200 words. Fret not, this inquiry has one day you will face a question you can’t find the say that burnout would have happened months ear- a purpose. No matter what you think the purpose of answer to. As a senior partner at my firm told me a lier had it not been for the support I received from my law school is, learning to be a team player is going to couple months ago, “if you don’t know the answer fellow summer student. help you. you better know someone who does.” Or what about So be there for each other. While you may think Learning the law through cases can be a nearly the first time you have to draw up a contract? Or the you’re holding people up now—and you might very futile pursuit. You know what makes it easier? first time you have to write a notice of claim? Having well be—you never know when you’ll be the one in Studying those dense tomes of ten-dollar words with the support of your colleagues is invaluable in those need of help. And you will need help, because you’re others. As a group grows, so does the chance that moments. human and like all humans, we’re not as bright someone in the group will be able to answer a ques- As an added bonus, both law school and work as we pretend to be and law is goddamn difficult. tion. A bigger group means a higher likelihood of are way less stressful when you have the support Embrace it, because we’ve all been there and will all someone knowing that ten-dollar word, or that Latin of others! When I started work in May, I compared be there someday. phrase, or that case Justice Abella is referencing. myself to the other summer student (there were only two of us). She stayed late two nights this week and Think you know more than your study group? I didn’t! That partner went directly to her to assign That’s ok too! Explaining concepts to others is one work, why didn’t they ask both of us?! Is she dock- of the best ways to know that you definitely have a eting more billable hours than I am? What if she is!? editorial board staff writers TheObiter Dicta is published biweekly editor-in-chief | Erin Garbett Anthony Choi, Michael Motala, Kareem during the school year, and is printed by managing editor | Ian Mason Webster, Esther Mendelsohn, Jerico Espinas, Weller Publishing Co. Ltd. creative director | Kay (Jia) Wang Henry Limheng, Michael Silver, Justin a. Osgoode Hall Law School, 0014g Philpott, Abigail Cheung, Ian Mason. Obiter Dicta is the official student newspaper York University editorial staff of Osgoode Hall Law School. The opinions 4700 Keele Street business managers | Vincent Ho, layout staff expressed in the articles contained herein are communications manager | Carla Marti Toronto, on m3j 1p3 Benjamin Stacey not necessarily those of the Obiter staff.
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