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ACCESSDEC 2014WINDSOR LAWINSIDEWINDSOR TO HOST INTERNATIONAL CONFERENCE:THIRD WORLD APPROACHES TO INTERNATIONAL LAWRead the full story on page 5.OUR NEWEST CLINIC THROUGH THE EYES OF OUR STUDENTSTHE HUMAN CONTEXT OF BUSINESS LAWBy Shaya Motamed,J.D. Candidate 2015By Whitney MillerJ.D. Candidate 2015I started working at theLaw, Technology andEntrepreneurship Clinicduring winter of last year. Theexperience has been absolutelyinvaluable. As a member ofthe clinic, I’ve been affordedcountless opportunities to workdirectly with small businesseson entrepreneurial projects. Thishas included incorporations,share capital structuring,corporate governance workfor a non-profit, patent noveltysearches and trademarksearches. I have also delivereda number of public legaleducation seminars bothto other law students andmembers of the community.More importantly, my experiencewith LTEC has put everythingI have been taught aboutbusiness law in context, andit has layered on a humandimension that I could neverhave learned from a book.There are so many uncertaintiesin business law, as in anyother field, and it is incrediblyimportant to develop thecompetency to help clientsnavigate them while planningtheir businesses. In general,I have found that business lawconcepts are now much easierto understand and tocommunicate to others.The summer term with LTEChas been a great experience.Everything at the clinic isoriented around the educationalexperience. Wissam Aountruly cares about students’growth and he pushes us tofind the answers on our own.He ensures that we know notonly how to do things, but whythey are done in that way. TheLTEC team is a collaborativeeffort, which facilitates learningand experimental thinking.The wide range of clients thissummer offered work in bothcorporate and IP matters. Thisis important for developmentas it enables students tosink their teeth into a bit ofeverything before deciding whichfields most interest them. Ourprojects allowed for practical,hands on experience in caseswith complex, multi-layeredissues. We gained knowledgeand skills that will give us agreat start in our professionallives. For example, I was giventhe opportunity to do multiplepatent novelty searches anddraft analysis reports, performtrademarks searches to see ifpotential marks were clear, andAnother aspect of the clinic Ihave enjoyed relates to our lawschool’s focus on social justice.Legal education hasa tendency to set social justiceand business law at two ends ofa false dichotomy. I understandthe two, rather, as existing ona continuum. Our clients arestudents who tend to have littleor no income, or non-profitorganizations. Windsor hasa large host of entrepreneurswith great ideas and we areallowing them to access legalservices that would otherwisebe far beyond their means.I would encourage anyone withan interest in gaining practicallegal experience, and developingprofessional competency andpublic speaking skills to getinvolved with the LTEC clinic.draft a shareholders’ agreementfor a startup company.With LTEC, students are alsogiven access to patent andtrademark databases, givingthem an opportunity to gainsome advanced researchexperience. I have reallyimproved my search strategies,which will be applicable toall kinds of research, not justresearch on IP matters. LTEChas been an overwhelminglypositive clinic experience.AN EXCEPTIONAL LAW SCHOOL FOR A CHANGING WORLD
ADAM VASEYRECEIVES LAW FOUNDATIONOF ONTARIO FELLOWSHIPPathway to Potential is fightingpoverty while strengthening WindsorI am truly honoured to be a recipient of the Law Foundationof Ontario’s (LFO) Community Leadership in Justice Fellowship.Through this program, the LFO has supported many communityleaders to pursue innovative, justice-oriented projects that bridgecommunity and academia. I am humbled to be joining that list.I also want to extend my sincere gratitude to Windsor Law’s DeanCameron and Associate Dean Bhadi for their deep commitmentto this project. I also want to thank the LFO for their leadershipand insight in making these fellowships available.As a proud graduate of Windsor Lawand the School of Social Work at theUniversity of Windsor, it is exciting tobe back on campus – in a part-timecapacity – for the fall and winter terms.While I thoroughly enjoy the fast-pacednature of my work as directorof Pathway to Potential (P2P), thereis something exhilarating about therush of creative energy and feelingof renewal that the start of a fallsemester brings.These are exciting times at WindsorLaw. Just this past summer, WindsorLaw and Pathway to Potentialcompleted the first phase of thePoverty and Social Policy ExternshipPilot, which was supported through aUniversity of Windsor Strategic PriorityJILLIAN ROGIN ‘08Fund grant. The Pilot came togetherthrough the collaboration and vision ofWindsor Law’s Associate Dean Bhadiand Professors Mummé, Smit, Smythand Tawfik. It allowed P2P to hire fourWindsor Law students over the summerto engage in local anti-poverty efforts,and all four students will continue theirwork for course credit in the fall term.The LFO Fellowship will supportresearch into the development ofa unique social justice externshipmodel that can complement theexisting clinical programs for whichWindsor Law is highly regarded. Theresearch will be undertaken in thespirit of true community-universitypartnership; it will focus on creatingexperiential learning opportunities thatThis is a unique opportunity to draw on,and deepen, my academic and workexperience in both law and social work.It will not only allow me to explore howsocial work principles and practicescan be used to inform lawyers’responses to poverty and other socialjustice issues, but also to build capacityand connections within and acrossWindsor Law, the School of SocialWork and a wide network of communityorganizations.If you are interested in connectingabout this project, I would loveto hear from you! I can be reachedat avasey@uwindsor.ca or519-253-3000 ext. 3968.TAKES ON NEW ROLEAS CLA REVIEW COUNSELI attended law school with the intention of workingtowards systemic change within the Canadian legalsystem for marginalized people and I believe lawschool clinics have the potential to be catalystsfor change.After accepting the position as review counselat Community Legal Aid and moving to Windsorfrom Toronto in June of 2014, I realized that I was‘coming home’ in more ways than one. I was bornand raised in Windsor and still have lots of familyand friends here, I am an alumna of Windsor Law,2are equally beneficial to students andcommunity organizations.and I was a CLA student volunteer in all threeyears of law school. I am thrilled to be workingat CLA and am honoured to be learning so muchfrom colleagues, students, and most importantly,from the clients we serve. What an absolutelyexciting place for me to be; at the forefront ofsocial justice legal work, working with and learningfrom students, and being immersed in the lawschool community. In so many ways, I am thrilledto be home!
MEET OUR NEWEST FACULTYProfessor Sara WhartonProfessor Sara Whartoncompleted her Ph.D. at theUniversity of Cambridge and hasjoined the University of Windsormost recently from the NationalUniversity of Singapore whereshe was a postdoctoral fellow.In 2013, she was awarded anEndeavour Research Fellowshipfrom the Government ofAustralia which she held as aVisiting Fellow at the Universityof New South Wales Faculty ofLaw in Sydney, Australia.Professor Wharton is teachingCriminal Law and Access toJustice in the first year lawcurriculum this year. Herresearch is in the field ofinternational criminal law andtransnational criminal law andshe is also interested in publicinternational law, internationalhumanitarian law, and Canadiancriminal law.She has welcomed theopportunity to study, research,and work in international lawin seven countries on fourdifferent continents includingCanada, the United States,Denmark, the United Kingdom,the Netherlands, Australia,and Singapore. This has alsoenabled her to enjoy three of herpassions, travelling, learningabout different regions of theworld, and trying new foods.However, she is excited to returnback home to Canada and to jointhe Law Faculty at the Universityof Windsor.Professor Pascale ChapdelaineProfessor Pascale Chapdelaine’scurrent research looks at theintersection between copyright,property and contracts, and atvarious aspects of copyrightusers’ rights. Her researchinterests expand to broaderconsumer protection issues, asthey relate to new technologiesand new business offerings. Sheteaches contracts, intellectualproperty, and consumer law.After practising law for morethan fourteen years in corporate,commercial and intellectualproperty law at the Montrealbased law firm Lavery de Billy,and then as corporate counsel atBell Canada and BCE Inc., whatdrew her to academia is her lovefor learning, researching, andcontributing to ongoing debatesabout pressing legal issues.Interacting with students in andoutside the classroom, pushingtheir thinking, supporting themin their academic endeavours, isa constant source of inspirationthat gives her great pride in herwork.Professor Chapdelainevolunteered for many yearson the parent council of theschool of her children, alwayswith a particular attentionfor the children who were leftbehind. She looks forward tobeing actively involved in thecommunity life of the Universityand City of Windsor. In her freetime, she enjoys hiking, cycling,and cross-country skiing withher family and friends. Shehas a passion for history, foodand travelling, and is fluent inFrench, English and Dutch.Professor Noel SempleProfessor Noel Semple isdelighted to join Windsor Law,where he is teaching Access toJustice and Civil Procedure. Inaddition to those two fields, hisresearch interests include legalethics and professionalism aswell as family law. He receivedhis J.D. degree from theUniversity of Toronto Facultyof Law, and his LL.M and Ph.Dfrom Osgoode Hall Law School.3Windsor Law’s focus onaccess to justice makes it anexcellent fit for Noel. He enjoyedmentoring first year studentsin the Professional Identity andLegal Skills intensive week, andis looking forward to continuinghis collaboration with ProfessorJulie Macfarlane’s National SelfRepresented Litigants ResearchProject.Noel’s wife Angelique Mosspractises law at DevriesLitigation LLP, an estatelitigation boutique firm.They are proud parents ofsix-year-old Madeleine andtwo-year-old Malcolm. Noel’sinterests include running andcycling, often along Windsor’sspectacular Riverside Trail.Roy McMurtry’s Memoirs andReflections is on his bedsidetable. Bojack Horseman andthe BBC’s Sherlock are atthe top of his Netflix recentactivity screen.AN EXCEPTIONAL LAW SCHOOL FOR A CHANGING WORLD
FACULTY NEWSAND ACCOLADESCONKLIN JOINS FELLOWSHIPOF ROYAL SOCIETY OF CANADARECENTRETIREMENTSProfessor Bill Conklin has been electedto the Fellowship of the Royal Societyof Canada.We would like to acknowledge theretirement of the following facultymembers and wish them the verybest in their next adventures!Every year, distinguished scholars andartists are elected to the Fellowshipof the Royal Society of Canada on thebasis of their exceptional contributionsto Canadian intellectual life. ProfessorConklin was elected as a Fellow by hispeers in the Social Sciences Divisionof the Academy of Social Sciences.Julio MenezesLeigh WestChris WydrzynskiEmily CarascoProfessor Conklin’s Fellowship is a greathonour for him, and also for WindsorLaw School and the University of Windsor.It is a testament to his outstandingscholarship and his standing as anacademic. We are all very proud ofhim and of his accomplishments.SEMPLE WINS OBA FOUNDATIONRESEARCH FELLOWSHIPAccessible Professionalismfor Tomorrow’s Lawyersor confronting non-state parties such asinsurance companies and ex-spouses?What impediments do these private law“personal plight” lawyers encounter intheir efforts to provide services to peopleof modest means? Is there anything thatthe legal profession and its regulatorscan do to increase the accessibility of thissegment of the bar?Lawyers in private practice offer anessential portal between people withlegal problems and the just resolutionswhich law promises. How, and to whatextent, do lawyers create access tojustice for individuals negotiating with4These research questions animateAccessible Professionalism, a researchproject being launched by Prof. NoelSemple. The project continues his recentresearch focus on access to justice andthe legal profession. In Personal PlightLegal Practice and Tomorrow’s Lawyers(forthcoming in the Journal of the LegalProfession), he argues that lawyers whoprovide litigation and dispute resolutionMoira McCarneyservices for individuals will be largelysheltered from the computerization andoff-shoring threats which are threateningother legal careers in North America.Semple has also written a monograph,which will be published by Edward ElgarPress in spring, 2015. Legal ServicesRegulation at the Crossroads: Justitia’sLegions is both a comparative study oflegal services regulation in the commonlaw world, and an agenda for regulatoryreform. The relationship betweenregulation and access to justice is amajor theme of the book, and one thatis particularly relevant in Ontario giventhe ongoing debates about the paralegalscope of practice and alternative businessstructures for law firms.
VALARIE WABOOSEValarie graduated from Windsor in1993 and was called to the Bar in1995. She practiced law within hercommunity of Walpole Island FirstNation for five years as In-House LegalCounsel. While working full-time shecompleted an LL.M. in AlternativeDispute Resolution (1999) at OsgoodeHall Law School and obtainedcertification as a Life Skills Coach.In 2002 she completed the Programon Negotiation at Harvard University.She then established a consultingbusiness specializing in policydevelopment, strategic planning,program planning and evaluation,pre-employment training and life skillscoaching. She is presently completingher PhD at Trent University. HerAPPOINTED RON IANNISCHOLAR-IN-RESIDENCEdoctoral thesis examines thecompensation processes utilizedby residential school survivors.As a member of the Three FiresMidewiwin Society, Valarie’s teachingphilosophy includes introducingboth Aboriginal and non-Aboriginalstudents to Anishinabe (Ojibway)culture and traditions. She believesthat non-Aboriginal students need tolearn the basic tenets of an Aboriginalworldview before they can representAboriginal clients effectively.Valarie’s appointment as Ron IanniScholar-in-Residence includescoaching the Aboriginal Moot team,recruiting Aboriginal students,coordinating a speaker’s series andreviewing the services that WindsorLaw clinics provide to Aboriginalpeople. She will also offer courses inindigenous law and legal traditions.Valarie loves the work that shehas undertaken. She believes thatto attract more Aboriginal studentsinto the law program, it is essentialto offer Aboriginal courses andculturally appropriate programmingand services for students of Aboriginalancestry. As a proud alumnus ofWindsor Law, she feels that herexperience, her familiarity with theWindsor-Essex area,her work ethicand dedication can help the lawprogram to achieve its Aboriginalrecruiting and programming goals.WINDSOR TO HOST INTERNATIONAL CONFERENCEThird World Approaches to International LawYork University), Usha Natarajan(American University in Cairo) andJohn Reynolds (National Universityof Ireland-Maynooth).The first ever TWAIL conference inthe global South will be held in Cairoin February 2015. This conferencewill be followed by two workshopsat the University of Windsor (June2015) and the National University ofIreland, Maynooth (September 2015).The conference is co-organised byProfessors Sujith Xavier (Universityof Windsor, Faculty of Law), AmarBhatia (Osgoode Hall Law School,5The TWAIL Cairo conference andworkshops arise from a worldwidenetwork of established and emergingscholars, practitioners, and graduatestudents of international law andrelations engaged with the evolvingand complex relationships betweenthe global North (e.g. Western Europe,North America, Australia) and theglobal South (e.g. Latin America, Asia,and Africa). This fast-growing networkcontinues to meet regularly, withthe goals of researching the mutualconstitution of international law withcolonialism and assessingthe prospects for reforminginternational law pedagogy,scholarship, and practice.The TWAIL Cairo conference callfor papers garnered tremendousinterest from international law andother disciplines, with over 150 papersubmissions by eminent academics,junior scholars, and graduatestudents from 33 countries. The Cairoconference will connect the existingTWAIL network, largely based in theglobal North, with like-minded scholarsand practitioners in the global South.To this end, this will be the first TWAILconference to be held in the globalSouth. The TWAIL network has strongties to Canada, with senior Canadabased academics being amongst thefounders of TWAIL, and a growingnumber of young scholars at Canadianinstitutions playing important rolesin TWAIL’s recent evolution.The conference organizers have raisedapproximately 25,000 from variousinstitutional sources, including a grantfrom Harvard Law School’s Institute forGlobal Law and Policy. They have alsobeen successful, in a very competitiveprocess, in securing a 25,000 InsightGrant from the Social Sciences andHumanities Research Council (SSHRC).Windsor Law congratulates ProfessorXavier and his co-organisers for theirSSHRC success and looks forwardto welcoming the TWAIL scholarsand practitioners to Windsor for theconference workshop in June 2015.AN EXCEPTIONAL LAW SCHOOL FOR A CHANGING WORLD
THE BYSTANDER INITIATIVECOMES TO WINDSOR LAWOPFStarting in September 2014, Windsor Lawis offering workshops to inform studentsabout the role they can play in preventingsexual violence on and off campus. Indoing so, we became one of the first lawschools in the country to train our studentsin sexual violence prevention techniques.The initiative is funded by the University ofWindsor’s Strategic Priority Fund and is acollaboration of the Law, Arts and Businessfaculties.At the heart of the Bystander Initiative is theidea that bystanders have the potential toprevent sexual assault. More often than not,when sexual violence occurs a bystanderwas present who could have prevented it orinterrupted it while it was happening.During three-hour workshops, known asBringing in the Bystander, law studentsbecome more aware of sexual violencethat occurs around them which may havepreviously gone unnoticed. Students learneffective strategies to intervene effectively.The Bystander Initiative has been developedaround a model of peer education. Manyof the students who participate in theseworkshops will be peer educators inthe future.MAKE ANANNUAL GIFTuwindsor.ca/donateMADAM JUSTICE MARY JO NOLANHONOURED WITH AWARD IN FAMILY LAWJo Nolan Award in Family Law was created torecognize her retirement from the OntarioSuperior Court of Justice in July 2014.The Honourable Madam Justice Mary JoNolan ’81 was honoured by her friends,colleagues and family with a new WindsorLaw School award. The Madam Justice Mary6Madam Justice Nolan was called to theBar in 1983 and after a period in privatepractice took up a position in the Ministryof Community and Social Services workingon children’s Legislation. In 1990, shemoved to Courts Administration in theAttorney General’s Department. In 1995,she was appointed Regional Counsel for theSouthwest Region in the office of the PublicGuardian and Trustee and in 1997 she wasappointed Case Management Master inWindsor. She was appointed as a Justice ofthe Superior Court for Ontario in April 2005.She was the first female case managementMaster in Ontario and the first femaleSuperior Court Justice in Windsor.Madam Justice Nolan was honoured in 2012with the University of Windsor Clark Awardfor University and Community Service forher devotion and dedication to the Universityof Windsor and its Faculty of Law. She hasbeen a sessional lecturer, has served on twoDean Search Committees as the Alumnirepresentative, has also been a memberof the Advisory Board of the Canadian andAmerican Dual JD Program, and served asa Justice for the Zuber Moot Competitionfinals in November 2014.Windsor Law is pleased to honour MaryJo with this award and we look forward toher continued contributions to the life ofWindsor Law School and the University ofWindsor.AN EXCEPTIONAL LAW SCHOOL FOR A CHANGING WORLD
Professor Wharton is teaching Criminal Law and Access to Justice in the first year law curriculum this year. Her research is in the field of international criminal law and transnational criminal law and she is also interested in public international law, international humanitarian law, and Canadian criminal law. She has welcomed the
