Big changes to law program

DANIEL McCABE | The Faculty of Law's faculty council recently voted in favour of some sweeping changes to its undergraduate program. Come September 1999, new law students will receive a very different sort of education, albeit one which aims to be firmly anchored in the faculty's traditions and strengths.

The vote wasn't unanimous. Three of the seven law students who sit on the council opposed the changes, as did several of their professors.

Law professor Nicholas Kasirer, a member of the ad hoc curriculum committee that proposed the changes, wasn't surprised.

"When we talk about our undergraduate program, we're talking about the essence of this faculty's identity. People have strong feelings about it."

McGill's undergraduate law program is already recognized as distinct throughout the country -- it's the only program that offers students the opportunity to earn degrees in both common and civil law in a four-year period.

But there is a feeling among many that the structure of the program as it currently stands is flawed. Students entering the faculty initially focus their efforts on learning one legal system, then switch over to study the other.

"The goal of these reforms is to take better advantage of the presence in this faculty of both legal traditions," says Dean of Law Stephen Toope. "We want to go one step further. From the very beginning of the program, we want our students to be thinking critically about both legal systems."

Instead of starting their studies in one or the other stream of law, new students will be exposed to both common and civil law right from the start. New courses will be introduced which will examine and contrast both systems simultaneously.

As a result, says Kasirer, "the whole process of looking at both systems in a comparative way -- which is at the heart of this faculty -- will become much more natural."

Kasirer adds that while the changes will foster a more trans-systemic approach to studying the law, students won't be short-changed in learning about the nuts and bolts of the two distinct legal systems. That was a concern among some of the professors who voted against the changes.

"We realize that there is a careful balance to be struck."

"We're building on our strengths," says Steve Kelly, president of the Law Students' Association. "This makes the McGill program even more unique."

There are other changes afoot. Law students currently have the option of not completing both degrees -- they can decide they only want a common law or civil law degree and graduate after three years. After 1999, this will no longer be possible -- students enrolled in the law program will have to complete both degrees in order to graduate.

They will, however, still have the option of finishing their degrees in three years. Law students currently need to complete 125 credits to receive both degrees, or 95 credits to get a single degree.

The revamped program will require all students to earn 105 credits and will allow them the choice of whether they want to do the program in three years or four.

That's one of the things that Kelly likes best about the reforms. "Tuition is only going to get higher in the future," he ventures. "This will give students the opportunity to graduate with less debt."

Claire Mauro was one of the students who voted against the reforms. Mauro thinks many students will opt for a three-year program and she believes their educational experience at McGill will be diminished as a result.

"I'm worried about maintaining the quality of student life at McGill. I fear that the workload for students who want to finish their studies in three years will become too onerous. Students do a lot in this faculty outside of their courses. There's Skit Nite, the [largely student-run] Placement Office, the Legal Information Clinic -- there is a concern that there just won't be time for those activities anymore and I think the faculty as a whole will suffer as a result."

"We're going to do our best to encourage students to take four years," says Toope.

Law professor Patrick Glenn says he supports the "intellectual thrust" of the changes. But he's also concerned about students rushing through the program. "I think two degrees should take four years. I also think our students will feel great pressure to complete their studies in three years. They will see their friends at other law faculties going off to jobs at law firms after three years and they'll feel they've got to go out there and compete as soon as they can."

Kasirer appreciates Mauro's concerns, but feels the reforms touch on the issue of extracurricular activities. Part of the reforms involves offering students the opportunity to do more non-course work for credit. Students would receive six credits for doing a human rights internship in another country, for instance, and two credits for helping to write and manage The McGill Law Journal. Extra credits could also be earned for volunteering at the Legal Information Clinic.

States Toope, "That points to a recognition that students learn in various ways. There is important learning that takes place outside the classroom."

The curriculum changes won't affect students already enrolled in the faculty. They can complete their degrees through the program already in place. But when September 1999 rolls around, all new students will have to fulfill the requirements of the revamped program in order to graduate.

The changes still need to be approved by McGill's Academic Policy and Planning Committee and by Senate. "This has been a long, difficult process," says Toope.

The faculty has been working on updating its curriculum for three years now. Graduates were interviewed for their views; focus groups involving students were organized; information sessions were held. Several committees were formed to examine different aspects of the reforms.

"There is still quite a bit of work to do to get this up and running," warrants Kasirer. "We have to create new courses and look at new ways of teaching. We also have to come up with new course materials -- we can't rely on textbooks produced for mass consumption because we have our own special take on how to study the law."

As the faculty approaches its 150th anniversary this fall, Toope notes that the new library will officially open this autumn and the new curriculum should be in place a year after that.

"We're ready to really make a splash."