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The University of Toronto Faculty of Law Alumni Magazine Fall/Winter 2011 Plus Ghostbusters From JD to MD Boundless law Reunion 2011 Unprecedented donations kick off the law Building Campaign, and the future is launched University of Toronto Faculty of Law 84 Queen’s Park, Toronto, ON M5S 2C5 Publications Agreement Number: 40064892 Dean’s Message Fall/Winter 2011 Volume 21, Number 2 Editor in Chief Kate Hilton, JD 1999 Executive Editor Lucianna Ciccocioppo Art Director Levi Nicholson Copy Editor Dylan Reid Advertising & Production Assistant Nancy Reid T/ 416.978.1355 F/ 416.978.7899 [email protected] Editorial Office Boundless future T/ 416.946.0334 It’s been an exciting first term at the Faculty of Law. Along with all of our usual activities— F/ 416.978.7899 introducing a wonderful new cohort of students to the study of law, hosting a dazzling array [email protected] of lectures and conferences, and welcoming alumni back for Reunion 2011—we celebrated Letters to the Editor some significant milestones. F/ 416.978.7899 After several years of planning, classes for our Global ProfessionalLLM began this September. [email protected] Our flagship International Human Rights Program is marking its 25th year in the field [“Transformative Human Rights” p. 11]. And we were thrilled to launch the public phase of our Visit us online at www.law.utoronto.ca, and find us on: building campaign at a marvelous event on November 29th. As you will see in the following pages, our alumni and friends have been extraordinarily generous in their contributions to our building project. Meet our wonderful Campaign Cabinet, co-chaired by Clay Horner, LLB 1983, and Tom Rahilly, LLB 1969, and read why so many dedicated Nexus magazine is published semi-annually by the Office alumni have become part of this great story of renewal [“Boundless Law” p. 22]. With their of Advancement, with a circulation of 8,000. It is distributed enthusiastic support, the future of the new law school is looking exceedingly bright. to alumni, faculty, students, staff and friends of the University of Toronto Faculty of Law. All material is copyright © 2011, We are proud to be a leading centre of critical thought and scholarship. In this issue, we and may not be reprinted without the express written showcase some of the cutting-edge work that our faculty and alumni are doing in the field of permission of the author. health policy. Faculty members Trudo Lemmens and Simon Stern argue for a novel legal remedy All correspondence and undeliverable copies: to protect consumers from ghostwritten articles in medical research [“Ghostbusters” p. 12]. And Nexus magazine, Faculty of Law, 84 Queen’s Park, 112-C alumnus Neil Seeman’s think tank at Massey College is devising innovative ways to save healthcare Toronto, ON M5S 2C5. costs—not just in Canada, but around the world—using social media tools [“The medium is the Do we have your correct address and contact details? medical message” p. 8]. Please let us know of any corrections: 416-978-1355 or These are just some of the great stories we’d like to share with you in this issue of Nexus, as we email [email protected]. begin another action-packed term. It’s going to be a wonderful 2012! Publications Agreement Number: 40064892 ISSN 1923-5011 (Print) Printed in Canada by Laser Reproduction. Jeff Kirk Jeff Photograph: University of Toronto Faculty of Law Nexus 3 Contents Features Departments 08 The medium as medical message 03 Dean’s message In a ‘post-partisan’ 2.0 world, Neil Seeman, JD 1995, wants to shake up how Canadians—and everybody else—think about 06 Contributors health-policy innovations. By Sheldon Gordon 37 Nota bene Trailblazing alumna and mentor extraordinaire, Audrey Ho, LLB 11 Transformative Human Rights: 25 years in the field 1983, is ready to check off items on her ‘one-day’ list. An interactive web and photo exhibition showcases 25 years of By Lucianna Ciccocioppo the Faculty of Law’s International Human Rights Program “through the lens of its students.” 38 Opinion Too many whistleblowers may spoil the information. 12 Ghostbusters By Anthony Niblett In a publish-or-perish culture, two law professors have come up with a legal remedy against academics who ‘author’ ghostwritten 40 On the stand medical articles: Charge them with fraud. A Q & A with John Schumacher, JD 1980 By Alec Scott, LLB 1993 42 Reunion 2011 17 From JD to MD 44 Class notes Super-A type personalities or devoted to new knowledge? A look at three alumni who went on to medical school. 46 Final submissions By Karen Gross 21 Boundless Law Unprecedented donations kick off the Law Building Campaign, and the future is launched. By Karen Gross & Lucianna Ciccocioppo “TheGlobeandMail editorial seems to suggest ghost- writing was a good form of knowledge translation, which we think is just bogus.” —Prof. Trudo Lemmens Cover Illustration: Andy Potts 4 Nexus University of Toronto Faculty of Law Michael Ignatieff’s Reunion Lecture drew a packed Bennett Lecture Hall in October. page 42 Jeff Kirk Jeff Photograph: University of Toronto Faculty of Law Nexus 5 Contributors Sheldon Gordon Sheldon Gordon is a freelance writer in Toronto who specializes in legal and financial issues. He writes for Canadian Capital magazine, Morningstar.ca, Lawyers Weekly and various university publications across Canada. He has held positions as a parliamentary reporter for the Toronto Star, an editorial writer for the Globe and Mail and a producer forCBC-TV . He was a Journalism Fellow at Massey College in 1987. He enjoys Creemore, curling, social media and historical fiction, but not necessarily in that order. In his first piece for Nexus, he wrote “The medium is the medical message,” p. 8. Anthony Niblett Our opinion piece this issue is by Anthony Niblett, an assistant professor at the Faculty of Law. He holds degrees with first class honours in both law and commerce from the University of Melbourne, and a PhD in economics from Harvard University. Before joining the Faculty of Law in 2011, Niblett was a Bigelow Fellow and Lecturer-in-Law at the University of Chicago Law School. His research focuses on law and economics, contract law and judicial behaviour. His research has appeared in the Journal of Legal Studies, Maryland Law Review and the Australian Business Law Review. In addition to his appointment at the Faculty of Law, Niblett has a courtesy appointment with the Department of Economics. You can read “Too many whistleblowers may spoil the information” on p. 30. Nigel Dickson Nigel Dickson left his native UK in 1974, landed in Canada as a “luminosity engineer,” and has been taking photographs since 1979. He has shot for Mastercard, Goodyear, Apple, various banks and also Toronto Life, the Globe and Mail, Esquire, Fast Company and Rolling Stone, among numerous other advertising and editorial clients in Canada and abroad. His work has been recognized with a myriad of awards, including a Lifetime Achievement award from the Art Directors and Designers Club of Canada and 18 National Magazine honours, plus a handful from the USA. “Stand Still” published by Key Porter Books in September 2007, is his first book of portraits, and the Royal Ontario Museum held his first exhibit last year, “Canadian Content— Portraits by Nigel Dickson.” When he’s not shooting for Nexus (“Boundless Law,” p. 21), he’s taking portraits of classic car owners and their cars. Margaret Lee Margaret Illustrations: 6 Nexus University of Toronto Faculty of Law Illustrations: Margaret Lee 8 Nexus University of Toronto Faculty of Law In a ‘post-partisan’ 2.0 world, Neil Seeman, JD 1995, wants to shake up how Canadians—and everybody else— think about health-policy innovations Story by Sheldon Gordon / Illustrations by Patrick Ledger eil Seeman, JD 1995, could be the University of Toronto’s Two groups of e-patients will drive this change, Seeman says. The latest ‘McLuhanesque’ savant. You can almost sense the baby boomers are demanding better quality in health care as they retire. neurons firing as the law school alumnus applies his rigorous And the under 35s “don’t understand why it isn’t possible to get an email Nintellect to issues of public health policy. or text message from their clinician that explains to them what the Researcher, lawyer, entrepreneur, consultant and essayist, Seeman, 41, meaning of the lab results are, instead of having to visit the clinic.” is a prolific idea-monger who insists that free markets and open minds Among his major concerns is that patients in Canada don’t “own” can bring a “bottom-up Reformation” to Canada’s emblematic Medicare their medical records. He is a keen supporter of a more “transparent” system. system of maintaining the history of a patient’s diagnostic care and Seeman is the founder and CEO of the Health Strategy Innovation medications. Despite a 1992 Supreme Court of Canada ruling (McInerney Cell, a think tank based at the U of T’s Massey College where he v. MacDonald) that held patients were entitled to reasonable access to oversees a staff of 20 researchers. A contract research outfit, it is funded their medical information, “the amount of information accessible to the by clients, philanthropists and healthcare NGOs. typical patient is limited by a [largely] paper-based record system,” His mission is to foster Health 2.0 innovation in the country’s— says Seeman. It’s an especially inefficient system for those who are indeed, the world’s—healthcare systems. This means patient-accessible chronically ill, and have multiple providers needing to share informa- electronic health records. It also means medical institutions tapping into tion on a regular basis.