Acknowledgements The Jurist is published four times a year by the Flinders Law Students’ Association. FLSA is a volunteer, not-for-profit student association, and the peak representative body for Flinders University law students. We welcome student and staff contributions on any subject. Contact us at publications@flsa.org.au.
Editors Simon Collinson Laura Dowling Jessica Kamleh Annabel Krantz Sponsorship
Kylee Moretti
Cover Photo
Graffiti on the Berlin Wall Photographed by Simon Collinson, November 2008
Printing Adelaide Copy
www.aar.com.au
Clear Thinking
Editorial Simon Collinson The Arab Spring has shown us that people’s willingness to fight the powerful is as strong as it ever was. It has also proven that dissent and change isn’t, ultimately, destructive. It can and should be a positive force. This issue focusses on challenges to established authority, however they arise. Although the problems we face here in Australia are small by comparison to the repression faced by many in the Middle East, they are real. The law is far from perfect: changes remain to be made in access to justice, the rights of minorities, civil liberties, and many other areas. Sometimes that change can best be achieved from within. Indeed, there is a long and storied history of activist judges, lawyers, politicians, and businesspeople. A good example of just such a person is the one and only Honourable Michael Kirby, whose recent biography is reviewed on page 32. At other times, we change things without even realising it. Although they might not feel that way, buying a book online or reading on a Kindle are fundamentally revolutionary acts, which will eventually change the way students access and don’t read their textbooks. To examine this phenomenon, this issue contains a forum on legal publishing, with publishers, an academic, and students discussing its past, present, and future. Other battles are less public, but just as important to our mental and physical wellbeing. This issue includes a number of pieces containing tactics for the day-to-day skirmishes of student life. End exam stress! Confront boredom and your credit card debt this summer, with cheap and free summer activities! Struggle against your mental limitations with sudoku! Meet Judge Judy, the most combative judge who e’er did live! Need a break from the fight? Meet your fellow law students on page 31, and learn how to make Christmas coconut ice on page 34. There’s even a cartoon with some cute pandas. From everyone at The Jurist, thank you for reading this year. We wish you a happy, safe, and conflict-free holiday. Simon Collinson Editor-in-Chief
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Contents
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Regulars Editorial President’s Message Dean’s Message Letters to the Editor Portfolio Update Portfolio Update Law Dinner Photos Pub Crawl Photos
. 2 4 5 6 7 8 9 10
Features Summer in RADelaide
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Annabel Krantz
Legal Publishing Forum Commissioning Editor Academic Student Academic Marketing Manager Student
. 14 16 18 22 25
Natasha Naude, Thomson Reuters Andrew Alston Avishek Gazmere Kelsey Halseth, LexisNexis Australia Laura Dowling
Diversions Soapbox: Behind the Smokescreen Soapbox: Don’t like gay marriage? Don’t get gay married! Dealing With Stress Vox Pop Book Reviews Recipe: Christmas Coconut Ice Hall of Fame: Judge Judy Sudoku Page
. 26 28 . 30 31 32 34 35 36
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Simon Collinson Shae Roberts Professor David Bamford Competitions Activities
Laura Turnley Heath McCallum The Students of Flinders University Simon Collinson Jess Kamleh Laura Dowling
President’s Message Shae Roberts This final edition of The Jurist for 2011 marks the end of another academic year at Flinders University. We hope this edition can provide you with a healthy distraction from imminent exams and looming assignment due dates. For many of you, this will be your final year of study and the start of your professional career. As I am sure many of you will be aware, getting a job as a lawyer is extremely competitive. Fortunately, the benefit of having a law degree is that it opens up career paths outside the traditional lawyer route. FLSA has always promoted the vast array of careers that are available to law graduates. The 2011 Legal Careers Guide is largely dedicated to ‘noncorporate’ legal careers, and The Jurist issues an annual careers edition with information on alternative careers. I recently came across an article in Lawyers Weekly titled ‘Career Paths Outside of a Traditional Law Firm’. The article highlights that the options available to young lawyers are limited only by your imagination. Furthermore, a few years of post-admission experience or postgraduate study can widen the options even further. Some possibilities include: – Legal recruitment or human resources – Ministerial advisor – Politics – Academia – Company secretary – Legal publishing – Professional service marketing or management. I would like to take this opportunity to thank the FLSA Committee of 2011 for their hard work and commitment to enhancing the university experience for Flinders law students. The Committee have been busy all year, working behind the scenes to keep all the annual competitions, activities, publications, and careers events running smoothly. With exams approaching, stay positive and keep a sense of perspective. We wish you all the best with final assessments, and for those returning next year, we hope you have a relaxing and enjoyable break from classes. For those finishing their degrees, we wish you all the best and look forward to working with you in the future. Regards, Shae Roberts Acting President and Vice President (Careers and Education)
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Dean’s Message Professor David Bamford Lawyers are often seen as existing to serve the status quo. We are, after all, part of the mechanism for enforcing existing laws or ensuring people observe existing norms. We are protecting what is. There is another reason why lawyers are said to be so interested in protecting the status quo. In the past, lawyers have generally come from a particular section of the community which has enjoyed particular privileges or wealth, and so have been happy to see the status quo continued. It is certainly true that for many of us legal training promotes both a conservative or pessimistic world view. Our work tends to focus on those situations that have gone wrong, and that affects our world view. When friends are about to lend money or property to other friends and they ask me about it, the knowledge it can go wrong and having seen it go wrong in other cases means I give a cautious lawyer’s answer – come to a clear agreement about it, record it in writing, and have it signed by the parties. I have lost the natural trusting nature I used to have, and I give little to weight to the fact that thousands and thousands of friends lend things all the time without problems – I think about the ones that go wrong. Such pessimistic views can lead to a conservatism that often leads to the upholding of the status quo. But it doesn’t need to be so. Think about all those great lawyers through the ages that led the challenges to the status quo – Robespierre in revolutionary France, Vladimir Lenin in Russia, Mahatma Gandhi in India, Nelson Mandela in South Africa – to name some of the better known challengers of the status quo. In Australia it was lawyers who have been at the forefront of most of the major social, political, and environmental movements over the last century. Luckily for us, in Australia we have the freedom to play this role. All around the world lawyers are being threatened, imprisoned, and killed for challenging the status quo. So spare a thought for Cu Huy Ha Vu, a Vietnamese dissident lawyer who in April this year was sentenced to 7 years imprisonment for his opposition to a controversial bauxite mine which led to him being prosecuted for ‘conducting propaganda against the state, calling for a multiparty government system, demanding the abolishment of the Communist Party’s leadership, defaming the state’. Or Nasrin Sotoudeh of Iran, who is currently serving 6 years in prison for her exposure of the execution of juveniles in Iran and her legal work defending those opposing the current regime. Or the head of the Bar Association in Burundi, Isidore Rufikiri, who was arrested in July after speaking a public rally in support an independent legal and judicial system. Perhaps one project we could take on as a Law School is to co-ordinate a lobbying campaign (a bit like Amnesty International does) to support lawyers and law students who are victimised for their work as lawyers defending the powerless. We could profile a case each month and think about how we can support them. Any interest? Let me know.
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Letters to the Editor Attention:
Yo edita,
My name is Miroslav Gubrikevic, and I run for President of FLSA. I make strong leader, I known by local women as Bizlov, meaning ‘fist of steel’. I run as candidate in election, but Miroslav believe not in democracy, Miroslav does not need vote to achieve President, Miroslav will take FLSA by will of fist of steel, exile those who fail to bow before the mighty power of Miroslav, and show no mercy to any who resist! Under the reign of FLSA President Gubrikevic, rule of FLSA will extend to all faculties of all institutions of all nations of all world! All fronts will be conquered with brutal force until FLSA President Miroslav Gubrikevic is supreme FLSA leader of all of universe! End transmission.
I gots me a bone to pick with y’all fulsa people in the house. Yo how come Tamishaniqua’s name not on no ballot papers for fulsa elections? Tamishaniqua be running for all the sisters. Tamishaniqua be like Obama, first black president of fulsa. Tamishaniqua gonna bring change! I be gonna bring in a nail salon in tha coffee cart, so me and ma sisters can be lookin fine. See this be a conspiracy right here, this be fulsa tryin to keep a sister down. I go in y’all fancy office and I say ‘listen fools, why ain’t Tamishaniqua’s name on no ballot paper y’all?!’ And they be givin me all this talk about havin to sign up to run for president and about havin to be studying law and enrolled in univercity and all these lies. But I know ya’ll keeping a sister down coz y’all know I’d win!
Miroslav ‘Fist of Steel’ Gubrikevic Fight tha power! Tamishaniqua Dear Editor, I am writing to invite the readership of the Jurist to join an exciting new committee that I am starting. This committee will stand for something. No, not just something, this committee will stand for everything. This committee will bring social change. This committee will bring a voice for the voiceless, a leg for the legless and a nose for those hard of smelling. This committee will cure those with lactose intolerance and give them yoghurt. When you’re alone, in the dark, on the harsh city streets, in the rain, this committee will appear from the abyss, give you a ride home, tuck you into bed and warm you a croissant. If this is the kind of change you would like to see in the world, if this is a movement you long to be a part of, then seize your wildest dreams with both hands and join: ‘The Committee for Disaffected Cat Owners’, meetings are from 2-3pm Tuesdays in the law courtyard, BYO cat and chair. Kind Regards, Sue
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Dear Editor, I, Queen Elizabeth II, have duly decided to write to your publication, The Jurist, to commemorate my recent journey to Australia in my official capacity as Head of the Commonwealth. Some younger members of your readership may be wondering whether it is still suitable for Australia to be a member of the Commonwealth with the Royal Family as its ceremonial heads. Well may I say that as Queen I endeavour to be as active in fulfilling my duties to the Commonwealth as I always have been. Indeed I may have aged somewhat since previous visits, and indeed as I write this letter I may be sat in a tepid pool of my own royal piss, but ol’ Lizzie still packs a punch! Yours in refreshing moistness, Queen Elizabeth II (keepin’ it real) Have something to say? Write to us at: publications@flsa.org.au
Portfolio Update Competitions With fast-approaching exams the competitions calendar has come to a close for the year, with a marathon of grand finals being held throughout week 12. This semester’s competitions saw many competitors display impressive talents in a range of legal practice areas, especially for a large number of newcomers to competitions. The rounds involved competitors interviewing, negotiating, and mooting their way through a number of difficult situations, with one grand final pivoting on a deaf mute client who owned an insolvent balloon business, and another on the prosecution of a Colonel involved in civilian casualties of war. We would like to congratulate all of our winners this semester: Kelly & Co. Lawyers First Year Moot – Jordan Tutton Lipman Karas Negotiation – Rachel Wang and George Lukic Cowell Clarke Client Interview – Heath McCallum and Damon Delaney Constitutional Law Moot – Katrina Hartman International Humanitarian Law Moot – Katrina Hartman and Michael Swanson We would also, of course, like to congratulate all competitors for their excellent performances throughout the semester, as well as our sponsors for continuing to support the competitions. A further congratulations goes out to the winners of our ‘bests’ competition, including best written submissions for the First Year Moot (Jordan Tutton) and best clients (Alyssa Sallis and Lucy Platt). With the end of the year also comes the end of our time on competitions. The 2011 Competitions Team would like to thank everyone who has been involved throughout the year, and wish the best of luck to the incoming team for 2012.
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Portfolio Update Activities Recent Developments Pub Crawl September 16th marked FLSA’s second pub crawl of the year – ‘Law Students Do It With Appeal’. It was a raging, drunken success, starting at the Elephant and working its way east to the Old Exchange. If you can’t remember the night/were lame and didn’t go, check out the photos! Quiz Night Quiz Night was held at the Old Exchange, with participants showing off their knowledge in areas ranging from law to geography to literature. It was a relaxed night with pizza and beer flowing freely. Congratulations to ‘The Quiz Kids’ for coming first, and ‘Georgina’s Team’ for coming dead last by a huge margin (they were first years). Thank you to Susan Breau for being a hilarious Quizmaster. Movie Night This year the Activities team revived the annual FLSA Movie Night with a showing of Crazy Stupid Love and Horrible Bosses. The $15 entry was well worth seeing Emma Stone – with the added bonus of alcohol and rainbow popcorn. Upcoming Dates 9 November Kelly & Co. Seminar: ‘Ongoing Assessments: How University, careers and life can be affected by tax’ – Lucy Simeoni and Camilla Mittiga from Kelly & Co.’s Taxation & Superannuation practice area will give a presentation, followed by pizza and mingling with practitioners. – 11.30am – 1.00pm in the Moot Court 14 November Last day to enter the 2011 Australian Legal Philosophy Students’ Association National Essay Competition – The competition requires you to submit an essay on any topic related to legal philosophy (by 5 pm to Australianpsa@gmail.com) – 1st place winner will receive $250 and their paper will be published in the Justice and the Law Society’s annual journal Pandora’s Box next year, with prizes also awared to 2nd and 3rd place – All competitors go in the draw to win a selection of legal philosophy books 30 November Last day to apply for the EU-AU Joint Mobility Project: Border Crossings: people and places – An opportunity for four students studying an undergraduate degree to study in Semester 2, 2012 in one of four partner European universities – It is supported by a scholarship which consists of a travel grant and a per month living allowance – The objective of this project is to create an understanding of global issues regarding migration, which affect both Europe and Australia Remember to check the fortnightly Student Scoop e-newsletter for more events and opportunities.
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Law Dinner Photos Adelaide Entertainment Centre, 24 September 2011
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Pub Crawl Photos London, Mansions, The Elephant, The Old Exchange, 16 September 2011
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Pub Crawl Photos London, Mansions, The Elephant, The Old Exchange, 16 September 2011
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Summer in RADelaide Annabel Krantz Many uni students are known for how empty their wallets are. At first, a lack of funds may seem like the worst start to any summer, but luckily for all of you there are ways to have fun that don’t necessarily mean getting a part time job or robbing a bank. If you’ve all forgotten what there is to do in your own backyard, here’s a memory kick-starter.
something for everyone.
For the flat broke…
For another view of Adelaide, head to Montefiore Hill in North Adelaide. This is said to have been Colonel Light’s favourite spot, and from here you can see the carefully laid out city as he planned it. There is a bronze statue of Colonel Light at the summit, which can be great for some imaginatively posed photos.
For those who like their outdoors neatly tended to, the Adelaide Botanic Gardens have free entry, gorgeous scenery, ducks to feed and (if you feel like indulging your inner child) trees to climb. Check out the Palm House, the Conservatory, and the Cactus Garden.
Adelaide is known as the City of Churches, and one of the oldest is Holy Trinity Church on North Terrace, known as the Pioneer Church of South Australia. The church’s clock is noteworthy, having been made by the clockmaker to King Edward IV. Go look. 12 km north-east of Adelaide, in the Mount Lofty Ranges, is Black Hill Conservation Park. There are many walking trails, some of which afford spectacular views of the city. Take a picnic, discover the wildlife in its natural habitat, and enjoy the wildflower garden. Admission is free.
To treat your tastebuds or your desire to indulge in kitsch anime related randomness, head to the Central Markets. Chinese food, fresh fruit, secondhand books, smelly cheeses, home-grown goodness. Open Tuesday and Thursday to Saturday. The South Australian Museum sounds like a very boring place to visit. I myself was surprised a few months ago when I was forced to venture inside. There’s a giant squid, Inuits, various deadly weapons, very old and dead animals and, basically,
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Catch the tram to Glenelg Beach. The tram is free down Jetty Road, and there’s nothing like a day at the beach. Get a little sun (responsibly), have a swim, build a sandcastle, and buy a gelati. If the pennies don’t stretch that far, try busking on a street corner until people pay you to shut up. There’s no better free entertainment. For those with a minimum wage… If you want to have coffee with the best view in Adelaide, hit the Mount Lofty Summit. It offers a panoramic view of the city, some history, a gift shop (you know you love them), a café, and a good way to spend the morning. There’s just a small fee to use the carpark.
Head a little further afield to explore the St. Kilda mangrove trail and epic Adventure Playground. Boardwalks snake through the mangroves, and guides are always nearby to show you the cooler parts of the swampy area. The playground boasts an ‘abandoned pirate ship’, tunnels, slippery dips, flying foxes, and all sorts of fun for adults and kiddies alike.
of the lighthouse for just a few dollars, visit the Maritime Museum to learn some amazing things about what happens on and under the water, or go for a Dolphin Cruise on the Port River – you can get great deals for just a few dollars. At Cleland Wildlife Park you can hold koalas, feed kangaroos, see a bird show, have a picnic, and wander among rockeries in the wallaby enclosure. A great way to get up close and personal with some Australian wildlife. Try one of the activities that are run by the Adelaide Museum or the Botanic Gardens – both run kids programs, often crafts, explorations, or scavenger hunts. Last year, I learned all about the Minibeasts of the Rainforest at the Botanic Gardens, and made pet rocks at the museum. Woo! They’re often cheap, or free, and offer a great way to keep your littlies entertained for an afternoon.
Check out the Adelaide Zoo and see a piece of history – the only two giant pandas in this hemisphere, Funi and Wang Wang, are here for an extended visit. There are adorable baby animals to rip packets of feed from your hands, lions, meerkats, bugs, and all sorts. Fun for the whole family. Grab your bathers and hit the Burnside Swimming Centre. There are three pools (fun-size, knee-high and grown-up), plenty of grass to lie around on, a playground, and most likely some cute boys in board shorts, all there for the express purpose of keeping you entertained on a hot summer’s day. For those with little people… Head down to Port Adelaide. If you haven’t been there before, you might not know how much there is to do! You can climb all the way up to the top
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Still bored? Try… – Adelaide Gaol – you can go on a ghost tour! – Tandanya Cultural Museum – see some Aboriginal artwork – Art Gallery of South Australia – paintings, drawings, things in frames… – Warrawong Sanctuary – more animals, especially nocturnal ones – Migration Museum – acclaimed for its factual historical representation – Day trip to the Barossa – go on a wine tour! – Melba’s Chocolate & Confectionery Factory – Mmmm, free samples. – Carrick Hill – they have a maze! – Your local library – Who said the internet is the new black?
Legal Publishing Forum Natasha Naude: Commissioning Editor, Thomson Reuters It is the first lecture of your new law subject. You are armed with a large coffee and a keen desire to jump right in, read all the prescribed materials, and not get behind. You flick through the pages of the study guide until you see the prescribed reading list. Heart sinking, you see that it consists of one, two or maybe even three textbooks, all new editions, none of which are likely to cost less than $80, and which are more likely to cost over $100 each. If you are lucky you might be able to buy the set at your campus bookshop in a student value pack, and save a few dollars. You ask yourself, “Why are there so many different books on the same subject?”; “Why must I get the latest edition – can’t I just get an older edition second hand and make do?”; and “Why on earth do these books cost so much?!” Let us try to explain from a publisher’s point of view. 1. Why are there so many different books on the same subject? You’ll notice, particularly in core/non-elective subjects, that there are often a number of books on the same subject published by the same publisher, eg cases and materials, annotated or extracted legislation, introductory level textbooks and high level, “black letter law” books, and student study aids/exam crammers. These are offered to meet the needs of the various academics who select the books they think best suits the way they teach their course. Their preference could be guided by what they used when they studied law, or which is the most current textbook, or whether they are familiar
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with the author and like their writing style. As no single text can satisfy everybody, we offer a range of works to choose from. 2. Why do new editions come out so often, and can’t I use an old one? New editions are driven by a number of factors, most obviously changes in legislation and case law. There need not be major upheavals in the law to require a new edition – many minor changes or an accumulation of case law may mean your old textbook lacks currency and can no longer be relied upon. Some areas of law change frequently (eg corporations or criminal law), while other areas change less frequently, but the changes are significant and should not be overlooked (eg equity or constitutional law). Working from an old edition and trying to identify what has changed in the years since publication is time-consuming, cumbersome and may mean you miss important changes. Another driver of new editions is the second hand market. After publication, new sales of an edition start to decline after the first year, as some copies are sold on after their first use. Happily for us, a lot of people like to hold on to their old books – they often come in useful as reference tools when studying later subjects! We review the changes in legislation and case law, contact the authors, and together we plan the new edition to publish at an appropriate time. Despite the commercial appeal of a new edition, there must be sufficient change to
warrant a new edition, and it is never simply a case of “this book is old, let’s churn out a new one” for the sake of it.
and old growth forests. Printing overseas is cheaper, but despite this saving in costs the prices of our texts and other texts in say business or accounting are very similar.
3. Why the high cost? The simple answer is economies of scale. The Australian undergraduate law student market is less than 15,000 students a year in Australia. For an elective subject such as animal law, this could be as little as 1,000 students enrolled in any given year across Australia. Compare this to a potential Australian readership of at least 15 million for fiction books such as the Harry Potter series (plus an enormous international readership). Consider also the need to offer a range of textbooks to the same, small market, the need to produce new editions regularly, and the effect of commercial factors such as bulk purchase discounting, return of unsold copies from bookshops, illegal copying, and the second hand market. When you consider that a law textbook costs $100+ while a new release fiction paperback costs $30+, on the face of it the profit margin on law books pales in comparison to that of a best-selling novel. Printing is a large contributor to the cost of publishing a text book. Unlike the majority of other textbook publishers we have taken the conscious decision to print our texts in Australia on paper from environmentally responsible sourced paper. Many other text publishers print overseas on paper whose source is unclear and may be from rainforests
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While we do our best to take the effect of pricing on students into account, the reality is that law books are frequently lengthy, expensive to produce, and have a short lifespan, yet must yield a profit for the bookshops and the publisher. As publishers we have obligations to many different stakeholders – students need textbooks to guide them in their studies; academics need resources they can rely on in terms of currency and quality to teach with, as well as opportunities to publish their own research; bookshops need a reliable supply of product to sell; and of course we have obligations to our shareholders to operate profitably. We aim to fulfil all of these obligations fairly, but most of all we aim to provide quality textbooks and supplementary resources which will help students throughout their entire legal careers. Best of luck with your studies! To find our more please visit us at: http://www.thomsonreuters.com.au/academic Natasha Naude is a Commissioning Editor at Thomson Reuters.
Legal Publishing Forum Andrew Alston: Academic Why write a textbook? There is one noble reason: to educate, inform and inspire. My grandfather who, in the 1950s revised a number of editions of Brunning’s Australian Gardener would have been so motivated. As a horticulturalist, he was passionate about gardening. For him, there were no base reasons such as financial gain or self glory. He was modest man, so much so that, when the time came for a rose to be named in his honour; he decreed that it be named not after him but after his wife: Mrs. Harold Alston. Was I similarly motivated? Yes and no. All textbook writers aspire to educate, inform and inspire. And we are well aware that, for the effort that goes into writing a textbook, the financial rewards are miniscule. As to self glory, we are also aware that students respect us not for our dry written words, but for what they see and hear us do. Having said that, I admit to deriving pleasure from the fact the textbooks that I have written in collaboration with other authors are often described as having been written by “Alston et al”. If my publishers ever ask me to write a book in collaboration with my peers Abrahams and Acland, I will politely decline. So much for “yes”. What about “no”? Do I write textbooks with the passion that is evident in my grandfather’s writing? Of course not! It is easy for those who are passionate about gardening to write about it. My textbooks have been on aspects of the law of succession and the administration of estates, real property law, and medical law. And, they include every boring detail pertaining to those subjects. I am interested in restrictive covenants but not passionate about them. Legal textbooks are hard work. They take a long time to write and, unlike articles, they usually do not permit you to indulge in hot debate about policy and reform.
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Incidentally, I don’t consider my recent book on Procedures and Ethics to be a textbook. It is a collection of materials mostly written by other authors. In my view, because such books contain a diversity of styles and points of view, they are better teaching resources than textbooks. Usually when I write a textbook, I stop teaching the subject on which it is written. Teachers who prescribe books that they have written are often tempted in their lectures to do little more than read from them. There is a well known story of one such teacher who, whilst droning on in his lecture, turned two pages instead of one and was promptly informed by a student who had been following the text, “Please sir, you skipped a page”. We should never regard our textbooks as great authorities. They are only secondary sources of information and are no substitute for reading and analysing cases and legislation. Why write a textbook? George Mallory in response to the question “Why do you want to climb Mount Everest?” may have provided the best answer: “Because it’s there [to be written]” And Edmund Hillary, when he returned from climbing Mount Everest, may have best described the sense of achievement of those who have just written and published a textbook: “Well, George, we knocked the bastard off.” Andrew Alston is a legal practitioner in South Australia. Until recently, he co-ordinated and taught the first year course on Procedures and Ethics at Flinders Law School. He now teaches in the School of Medicine. His publications include the 5th edition of Garrow and Alston’s Law of Wills and Administration, Residential Tenancies (now in its third edition), Brooker’s Land Law (with others) Guide to New Zealand Land Law (with others) and Medical Practice Management (with others).
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Legal Publishing Forum Avishek Gazmere: Student During the usual text book seasons, March and August, long queues of students wrap around the counters of our local bookstores, waiting to pay with cash, pen, or pin. For most people, buying a paper textbook is simply a quickly reached assumption. Yet those queues are likely to eventually dwindle for two reasons. The first reason is that people are buying online: in Australia last year, $280 million worth of books, or 12% of the market, were estimated to have been sold online. The second, and the bigger reason, is that we may be going digital with e-textbooks. But how many of us will actually throw our paperbacks off the cliff?
highlighting. Though all of this is good to know about, much of it has not yet arrived in Australia because Australian publishers will need to agree to participate in these rental arrangements.
Some of us rent our textbooks. But because owning a copy provides unbeatable freedom of use, we end up buying quite a few textbooks. Some of the newer textbook renting outlets allow you to use pencil for your notes and margin art, so the limitation on freedom of use is partly abrogated. However, the shortage of new editions, as well as the price – which runs to between 50-60 percent of the retail price for a semester – does not always appeal to people who need current copies. Am I barking up the wrong tree?
The production, use, and disposal of paper textbooks involves an array of publishers, distributors, retailers, renters, and paper recyclers working as an inseparable part of our society; locally, nationally, and also globally. They have become such an integral part of our lives over the centuries that lifting off from this stage of production will need many pairs of wings, not just Amazon’s.
In July this year, Amazon opened an e-textbook rental service. It uses cloud technology to store your notes and highlighting, so it is practically never lost. Once the semester is over, you can rent the book, even for a day, and still be able to re-use saved
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So if we have to stick to buying ebooks or if we want to stay with paper textbooks, how serious should we get about the whole transformation going on in the textbook industry? How concerned should we be, beyond price? This article seeks to examine the changes in the textbook industry and note the hardships faced by some students in Australia due to educational costs, particularly textbooks.
According to the Department of Education, Employment and Workplace Relations (DEEWR), in 2010 there were 1,192,657 students enrolled in higher education Australia-wide. There were 857,384 domestic students – comprising 71.9 per cent of all enrolments, an increase of 5.3 per cent from 2009. International student enrolments increased by 4.5 per cent over the same period, to 335,273 in 2010. That is a very large number of students, apparently buying textbooks Australia-wide. But we must ask: how many of them actually buy textbooks? Unfortunately, there is no census data on this specific issue. How do financially insecure students pay for textbooks? Since 2010, Australian students suffering
financial hardship have been eligible to receive scholarships from the government, which have generally been considered a success story. These scholarships obviously help students fund the purchase of textbooks. A little further away lies the plight of struggling international students. They generally face up to three times the fees borne by domestic students. Then there are the other costs: textbooks, living and studying. Of course, because all international students are not the same, their situations are different. According to the Department of Immigration, international students are assessed as having an ‘immigration risk’. This immigration risk is essentially the financial burden an international student may face as a student in Australia. The higher the risk, the more likely the student is to face abject hardship. This differs according to the source country of the student, as well as on an individual basis. However, to return to textbooks, will technology reduce prices for students facing hardship, in a world where everyone deserves fair and equitable education? Will an e-textbook market transform the entire process of production and distribution, and thus reduce prices? At the moment, quite obviously, the demand for paper textbooks is still strong. In the past, some or many Australian students were unable to buy textbooks. This stage is effectively over, thanks to government loans. Yet a question looms large: is it just about price? If it is the supply side which supports this level of demand, then reform must come to the supply side to create new demand. Only then can things fall into place. An 2010 estimate indicates that the total value of books sold in the education sector across Australia was $820 million, out of a total value of $2.3 billion. This is a big market. If these markets are made less labour intensive and more
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environmentally viable, quite logically a conflict between the old school publishing houses and the younger, techno-savvy ones is in the horizon.
Popular textbook publisher LexisNexis has already started selling ebooks from its website. But has the price changed? No. Will this be the trend everywhere? Even when the entire industry of physical publishing – involving printing companies, workers, and the distribution industry – loses its value, will nothing change in terms of price? The number of people working directly in the publishing sector is on the decline, so will the savings created by technology flow on in this case? This could be an early indication that although the entire network of labour involved in the publication sector may be transferred to some other industry, nothing will change in terms of price unless publishing gets more competitive. But my primary question is whether price is the only concern for a society which can afford the costs of reform. Is the technology itself practical enough to push demand and actually revolutionize textbook usage, while remaining environmentally friendly? (continued overleaf)
A study was published in May 2011 which looked at first year students at the University of Washington who integrated the Kindle DX into their studies. It showed that although ebooks can change the frequency of reading, make it easier to highlight and make notes, there were other difficulties. A drawback
at the end of the semester just because we cannot use our ebooks during our open book exams. There is a famous saying in Nepali: we managed to fit an elephant in a room, but its tail got stuck outside the door! Universities will have to improve their exam policies to allow students to use ebook readers during the exams. They will need to develop internet access policies which physically restrict 3G, wifi, or Bluetooth usage but allow other features. I see this as a reasonably small hurdle at present.
was the difficulty in switching between reading techniques: e.g. using illustrations or references to quickly find the desired content, then later reading the complete text. Another difficulty was disruption to cognitive mapping. Cognitive mapping is a skill that depends on using the physical structure of the textbook to remember where things are. However, researchers think these hurdles will be overcome by software developers quicker than we might expect. All these things sound obvious, bright and beautiful. Yet as I remarked earlier, we will need more than one pair of wings to lift this off. Apart from government regulation of our markets (which will take time to happen), there are other technical challenges. There is one that will especially concern university students like us. I believe none of us would like to buy new textbooks
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E-books will certainly eliminate the shortage of textbooks, because they are physically unlimited. We will also end up improving access to newer editions, eliminating the slow movement of books caused by printing and delivery times, and reducing the distribution and transportation costs which also make textbooks environmentally unfriendly. And obviously we will save the paper and energy previously used in the production of paper, ink, and books. Will ebooks reduce the overall usage of electricity? Given that a carbon tax is coming down the hill what could be more energy efficient? Ultimately, ebooks will make it much easier to carry a thousand books at a time!
Legal Publishing Forum Kelsey Halseth: Academic Marketing Manager, LexisNexis Australia Each semester university bookstores fill with students, prescribed textbook lists in hand eager to get an edge on their peers in the very competitive world of university law. At the same time, as the cash register rings up their final total, they can’t help wonder how these hefty tomes of legal knowledge came to arrive. Educational publishers play a critical role in the academic community by serving as the platform for academics to expand on theories and ideas while providing renowned educational materials to their colleagues and students. This year, LexisNexis celebrated 100 years of publishing law books in Australia, and, having witnessed the growth of the legal industry over the past century, are committed to providing students and academics with the resources needed to achieve academic success in an ever-changing environment. LexisNexis’ academic division provides complete and comprehensive research, textbooks and digital resources including study tips, quizzes, guides, and videos to enhance students’ understanding of the law, and help them excel in their studies and pass their exams. What makes LexisNexis a favourite among law students is its focus on value over price: – offering no-cost educational materials from LexisNexis Campus www.lexisnexis.com.au/campus, an exclusive website for law students to stay up-to-date on the latest developments in law while gaining easy access to unique content and study help – a low-cost, large range of study materials priced from only $15; – and accessibility in format (from print publications to eBooks you can flick through on your iPad), binding (softcover/hardcover/looseleaf), and discounted student value packs. But what is involved in creating the texts that you buy each semester? It can take up to 18 months to publish a new textbook from beginning to end. Shifting market trends are closely monitored to determine the best type of book to meet student and lecturer needs – particularly to ensure currency in the ever-changing case of teaching and learning objectives, and to make sure students are equipped with the most accurate, significant information when they hit the job market. Publishing staff then work closely with lecturers and campus bookshops to ensure that they are aware of new works relevant to your courses.
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Before writing can commence, a proposal needs to be written based on market insights to find out where developments have occurred in areas of law. High quality authors must first be found, approached and agree to write the textbook, and we can have up to six authors contributing to a single textbook! Ongoing support is given to authors throughout the writing phase, the manuscript goes through several revisions between the author(s) and editors before being sent to production where it is typeset, printed, or formatted for digital use. In the production phase, the final version is printed and bound into the high quality format you are accustomed to. The textbook industry, not unlike most others, has been revolutionized by the online shopping phenomenon, which has opened up a world of bargain-hunting beyond the campus bookstore. And as students are often the earliest adopters of new technologies – heavily using social media, mobile apps and e-readers, it means publishers have no time to rest. They only have time to invest in new technologies to make sure that they stay ahead of the game in quality content and the way that they publish it. LexisNexis has recently announced the launch of eBooks, digital replicas of the trusted textbook – designed to help readers access the legal information they need, wherever they are. Available Sem. 1, 2012 these digital versions can be read, searched, highlighted, annotated, and bookmarked in the device of your choosing, from your iPad to e-reader. Imagine never having to lug a bag full of heavy textbooks around again! On top of ensuring that textbooks have the best content from the best authors in a way that best suits teaching and learning styles, behind the scenes most publishers also give back generously to the academic community. Each year LexisNexis Australia sponsors just under $1 million in student awards – including 12 prizes at Flinders University alone worth $60,000. We’d love to hear from you: www.facebook.com/LNCampus Kelsey Halseth is the Academic Marketing Manager at LexisNexis Australia.
FLINDERS LAW SCHOOL
are you a budding film maker or movie star? have friends doing screen studies? need an excuse to use your video camera? want to help showcase the law school to potential students?
enter by: creating a 2 minute film that showcases
“life in the law school”
ideas for what to include: interviews with other students, a tour of the law school, footage of students studying/socialising, law school/FLSA events etc. the winning film will be used throughout the ‘new in law’ programme, and through various other promotional channels within the law school. submit your entry to: claire.treacy@flinders.edu.au by 16 december 2011
WIN $250
Legal Publishing Forum Laura Dowling: Student Each semester we dread seeing the prescribed textbook list for our subjects. We always seem to spend endless amounts of money on books that we will probably never use once the semester ends. But we reluctantly spend hundreds of dollars on books which will inevitably sit on a shelf for years collecting dust. Out of curiosity (or perhaps out of procrastination), I took the liberty of adding up the cost of the prescribed textbooks for each of the core subjects required to complete a Bachelor of Laws and Legal Practice at Flinders. – Legal research and writing – $257.45 – Criminal Law and Legal Method – $327.95 – Introduction to Public Law – $198.00 – Professional Skills and Ethics – $87.00 – Torts 1 & 2 – $251.00 – Contract & Advanced Contract – $522.95 – The Constitution and the Australian Federation – $173.00 – Administrative Law 1 & 2 – $434.66 – Property, Equity and Trusts – $606.00 – The History of Legal Ideas – $186.00 – Corporate Law 1 & 2 – $339.00 – Civil Litigation 1 – $86.00 – Real Property Law – $266.00 – Evidence – $125.00 – Transactional Legal Practice – $135.00
Total: $3,995.01. This is about $500 a semester. This total is just for the core subjects and doesn’t include any electives, nor does it take into account books required for other degrees. While (to some), this might not sound like a huge amount of money to be investing in your education per semester, for most stingy law students, this is a huge dent in the tiny savings account. So here are some handy hints for saving money on textbooks. – eBay – Believe it or not, eBay actually has quite a few textbooks for sale at fairly reasonable prices, most of which are in good condition. You can also sell books which are no longer going to be used. – textbookexchange.com.au – While not all that many people know about textbook exchange, it is an excellent resource for buying (or selling) second-hand textbooks. – Flyers – Yes, we have all seen the flyers on the back of the toilet doors or on the notice boards near the library and lecture theatres. And we pay very little attention to what is actually written on them. However, some of them actually advertise some of the books you may need at a reasonable price. – bookdepository.co.uk – Free shipping and a reasonable range of Australian textbooks. Get in as early as possible before everything sells out.
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Soapbox: Behind the Smokescreen Laura Turnley Introducing a ban on individual freedom can prove to be difficult, especially when it involves smoking in an outdoor and public area. Smokers and nonsmokers are affected. In situations like these we need to be reminded of the words of John Stuart Mill. He states that “[t]he only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others”. Proposed legislation to ban smoking in Rundle Mall by the Adelaide City Council (ACC) at first appears a sound public health policy to protect non-smokers from passive smoking. Instead, a number of issues are raised which make it quite complex with many unanswered questions remaining. All levels of government are actively pursuing the no smoking agenda. The intention of the 2011 Council of Australian Governments National Healthcare Agreement is to reduce the overall national smoking rate to 10 per cent by 2018. A major priority of the South Australian Tobacco Control Strategy 2011 – 2016 is to “guide state tobacco control efforts to reduce the impact of tobacco smoking on the health and wellbeing of South Australians” with a major focus on reducing “…the proportion of the population to passive smoking in confined public spaces by 20% by 2016”. Previous to this, legislation banning smoking in public places was enacted with the passing of the South
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Australian Tobacco Products Regulation Act 1997 with the objective “to protect non-smokers from unwanted and unreasonable exposure to tobacco smoke”. Amendments made in 2004 were to increase protection for non-smokers including bans on smoking in an enclosed public place, workplace or shared area. An enclosed space is a “place or area [that] is fully enclosed or is at least partially covered by a ceiling and has walls such that the total area of the ceiling and wall surfaces exceeds 70 per cent of the total notional ceiling and wall area. Rundle Mall would not be considered an enclosed space. Instead, it would be measured as a public place, defined as “…an area or place that the public, or a section of the public, is entitled to use or that is open to, or used by, the public or a section of the public (whether access is unrestricted or subject to payment of money, membership of a body or otherwise)”. Responsibility for banning smoking in public places is local councils. ACC at its meeting on 23 August 2011 recommended amending By-Law 6 Rundle Mall of the City of Adelaide Act 1998 to control smoking in Rundle Mall and adjacent laneways/ streets off Rundle Mall. Prior to amending this by-law, the ACC requires a Parliamentary Committee to first approve it. Adelaide Lord Mayor Stephen Yarwood stated in a radio interview on the 10th of August that council officers and the police would work together to enforce the ban with the fine for breaching the
by-law pre-determined to cost $62.50. However, the ACC is unable to impose expiation fees due to their lack of power to demand a person’s personal details or detain them. This proposed ban has even upset Mr Peter Goers! He argues the ACC has “made a moral decision about the consumption of a perfectly legal product they don’t like and they are saying that smokers are lesser people – not even second class people but people they don’t want in their shopping strip”. Councils in Victoria (Frankston City Council, Port Phillip Council, Monash City Council) have implemented smoke free areas in public places such as beaches, shopping strips and playgrounds. Though people are smoking in these areas, no-one has been fined despite a $2000 expiation fee for smoking in Frankston’s Shannon Mall. Similarly, smoking in Queen Street Mall, Brisbane is also banned though people continue to smoke despite an expiation fee of $200. Smoke free public places in South Australia continue to lag behind the Eastern states. Holdfast Bay Council did not support a ban on smoking along Jetty Road’s Brighton and Glenelg at its meeting on September 13 2011 nor did Charles Sturt Council support a ban on smoking in Henley Square at its meeting on September 12 2011. Henley ward Councilor Robert Randall stated “I am not a communist and we will end up living in a police state if we’re going to ask our staff to go out and see who is smoking and take
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action against them. The policy of a smoke-free Rundle Mall at first appears to protect non-smokers from passive smoking. However, if this becomes legal, people who smoke are pushed further away from the mall. Where will they go to light up? Will smokers gather in surrounding King William Street, Pulteney Street and North Terrace where it will not be banned? Will they block pedestrian traffic on footpaths in search of somewhere to stand? Will non-smokers need to walk through cigarette smoke so they can then enter the mall? Is the effect then that nonsmokers have an increased exposure to cigarette smoke? Do businesses on these streets have a say about the possibility of an increase in number of smokers standing next to their shopfronts? What about cigarette butts? Will the ACC provide extra bins on these footpaths for smokers to butt out? So many questions, which as yet we do not have the answers. The proposed non-smoking ban at first seems to take away individuals’ rights. That is until the hidden issues behind this public health policy appear. These issues then question the intention of the effects of the ban on those that do smoke and the manner in which it will be enforced. Laura Turnley is President of the Flinders University Young Liberal club.
Soapbox: Don’t like gay marriage? Heath McCallum Few issues have incited as much vigorous debate recently as gay marriage, and with the issue being pushed by many state governments it is becoming fascinating. I don’t pretend to have any particular knowledge or agenda in writing this article, besides my tendency to have an opinion about everything (as anyone unlucky enough to be in a tute with me can attest to). Many misinformed arguments are popping up in the editorial sections of The Advertiser (the bastion of journalistic integrity that it is) of late. A few of my personal favourites include ‘No children – no marriage,’ ‘Gay marriage will destroy the family unit,’ ‘Because God said so,’ and ‘Civil unions are enough.’ Let’s address them one by one. ‘No children – no marriage.’ When has the ability to have children even been a requirement of marriage? Sterile people can get married. Post-menopausal women can get married. There’s no form potential couples sign, declaring their intention to have children. This cannot be an argument against gay marriage unless you go to the UniSA school of logic. Secondly, ‘Gay marriage will destroy the family unit.’ As the spot-on viral Facebook status said: ‘Charlie Sheen can make a “porn family”,
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Kelsey Grammer can end a 15 year marriage over the phone, Larry King can be on divorce #9, Britney Spears had a 55 hour marriage, Jesse James and Tiger Woods, while married, were having sex with everyone. Yet, the idea of same-sex marriage is going to destroy the institution of marriage? Really?’ If the integrity of marriage is going to be corrupted or destroyed, it already has been. Divorce rates are at 50% and rising, infidelity is rife, you can get drivethrough marriages in Las Vegas and using marriage as way to get citizenship is common. Many hetero couples choose not to get married at all. Surely permitting gay marriage cannot make the situation any worse? Finally, ‘God said so.’ Anyone who has met me knows my religious views (as it seems to come up in most of my conversations) but for the rest of you, here they are: organised religion is the most ingenious capitalist invention. It was designed as a profitable way to control the uneducated masses and the only reason that it maintains its relevance is through its governmental indoctrination and brainwashing. As
Don’t get gay married! Heath McCallum you would imagine, I do not give much weight to this argument.
remains in some sections because of the difference in terms.
First of all, marriage is not a religious institution. It is not the property of the church. It may have started off as one, but under the law and recent practice there is no connection. There are also massive holes in the religious arguments against homosexuality, but I won’t go into that. The religious argument cannot be used against the implementation of a policy decision.
The recent push for gay marriage in Australia has also showed that the community supports a change, and using the word marriage. The most recent Galaxy survey shows 62% of people support gay marriage and 75% believe a change is inevitable (interestingly, the number is only 50% amongst Coalition voters. Friends don’t let friends vote Liberal). If the majority of the community supports the change and using the word marriage, the government must listen to this and not the fascist Christian lobbyists.
Finally, and hopefully more seriously, the argument that Civil Unions are enough: gay people can get ‘married,’ but they need to call it something else, as marriage is traditionally a hetero institution. Firstly, marriage is seen as confirming the legitimacy of a relationship. It is seen as the ultimate commitment two people can make to each other, and this comes from the word itself. Homophobia remains a consistent problem in Australia and even mild forms (like calling something lame ‘gay’) goes to a lack of recognition of gay relationships as equivalent to hetero ones. Using the term civil union delegitimises the option. The legal difference also
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The only powerful argument I have heard against gay marriage is very simple. Whenever straight friends get married, they suddenly stop going out and become boring and lame. Gay friends are usually the most fun at any party. If we allow gay marriage, we’ll lose the life of the party! The opinions expressed in this article are poorly researched and thought out, and do not represent the opinion of FLSA. Please don’t send hate mail (unless it’s funny).
Dealing with Stress In 2010 the Australian and New Zealand Journal of Psychiatry published a cross-sectional study which examined the stress levels of particular tertiary students, including law students. The study found law students to have the highest prevalence of psychological distress, classifying 58% of law students. So how do we combat this? The Australian Law Students’ Association, in conjunction with Beyondblue, devised a handbook for law students and law student societies to provide advice and information about this serious issue. The handbook gives useful tips on how law students can deal with stress and emphasises the need for law students to maintain a balance which accommodates their particular life. The Dos and Don’ts that the handbook lists are: 1. Do make sure you sleep well It is extremely important for your body to recharge and absorb all the knowledge you acquire on a dayto day-basis. 2. Do make sure you have some sort of social life You will need the support, so don’t become a hermit! Be reasonable. 3. Do Exercise! Make sure you stay healthy. Exercise is also a great way to clear your mind and stop thinking for a while.
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4. Do indulge in some free time. 5. Don’t binge drink! As 58% of law students are classified as psychologically distressed, a depressant is the last thing you need to add into the equation. 6. Don’t over-extend yourself Make sure you don’t have too much on your plate: there are only 24 hours in a day, so be realistic in how many subjects and what other activities you partake in. 7. Don’t procrastinate. I know we all do it: Facebook and TV always seem so much more interesting when there is an assignment or exam hanging over your head, but resist the temptation! And if it is too hard studying in a library, and if you are still having trouble avoiding Facebook, maybe let someone change your password until your assignment is done. Check out macfreedom.com for software which blocks your internet connection for a period of time. The most important thing you can do during your university life is to make sure you are mentally healthy, so pay attention to the little things. For more information about law student depression, take a look at the handbook at: www.mulss.com/depression-australian-law-schools-alsahandbook
Vox Pop The students of Flinders University We asked randomly selected students: 1. Describe your degree in three words. 2. What’s the strangest thing you’ve ever done at uni? 3. Who’s your favourite musician, and why? 4. If you had to choose, would you rather have Julia Gillard’s voice, or Tony Abbott’s ears?
3. Chris Cheney from the Living End… everything he touches turns to gold, and that voice could melt butter.
Jessie Murphy 3rd year, LLB/International Studies
4. Malcolm Turnbull’s [redacted]… but seriously, Abbott’s ears. I don’t want anything that identifies me as a Labor supporter. Jack McIntosh 2nd year, LLB/Business 1. Hermit during swotvac. 2. Probably slept, the chairs in the law library are actually pretty comfy. 3. Loving Adele at the moment, or the Script, cos they’re Irish! 4. J-Gills voice, purely for its ability to annoy. Bridget Laffy 3rd year, LLB/LP/Arts 1. Better than Arts. 2. Never wearing shoes to important meetings, climbing trees in the courtyard in the middle of the night, sleeping in the bushes during the day, rescuing lost pigeons and holding them for hours whilst on hold to the SA Pigeon Association… any of the above, you decide!
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1. Interesting, soul destroying. 2. Being honest with my word count. 3. David Guetta – can’t spell his name, but his music has a good beat. 4. Ears – surgery can fix them.
Book Reviews Michael Kirby: Paradoxes & Principles By A J Brown Federation Press, 416pp Michael Kirby, Australia’s most famous judge, is a polarising figure. Some see him as an incorrigible radical: the ‘Great Dissenter’, who prosecuted his leftist agenda from the safety of the High Court, with little regard for the integrity or compromise necessary in the law. Others see a failed revolutionary: a man whose somewhat conservative judgments never quite lived up to his subversive public image. Still others see him as a moral anchor, a beacon of empathy and justice in a bureaucratic, inhumane legal system. It is a tribute to Alexander J. Brown that his recent biography presents all these angles on Kirby with respect and understanding. Brown has produced an exceptional book, which digests an intimidating volume of information and research into a clear, detailed account of Kirby’s life and career, which manages to be both scholarly and engaging. Brown’s central argument is that Kirby is simultaneously a conservative and a radical. Brown points to many instances where his words and actions diverge, but ultimately argues that both facets of Kirby’s personality stem from the naive optimism with which he supported his positions. As well as a subtle examination of Kirby’s character and philosophy, Brown provides some surprising contextual information. It is easy to see modern Australian society as reasonably non-discriminatory, but NSW didn’t decriminalise homosexuality until 1984, and public figures continued to make extremely offensive homophobic comments for years afterwards.
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Brown paints a very dark picture of the Howard government, including its stonewalling on gay rights, refusal to grant judicial pensions to same-sex partners, and creation of an atmosphere in which homophobic invective was largely permitted. However, Brown reserves his strongest criticisms for the handling of the Comcar affair, in which Bill Heffernan accused Kirby of using government vehicles to procure boys for sex. The High Court itself comes across as a surprisingly politicised and somewhat dysfunctional institution. Justices engage in petty, egocentric arguments over procedure, jab at one another in their judgments, and generally seem disengaged from the world at large: in Justice McHugh’s words, ‘a group of gladiators emerging every now and then from their castles.’ Some readers might feel that on occasion Brown gives too much detail – as in the chapter dealing with the Comcar scandal, which feels stylistically separate from the rest of the book, or the discussion of judicial theory, which at times overwhelms readers with technical arguments and fine distinctions, but elsewhere he finds an easy balance between being readable and authoritative. Indeed, when it comes to boiling complicated High Court cases down to layman’s terms, Brown succeeds spectacularly. (This alone might make the book worth reading for students of constitutional law.) Conversely, I couldn’t help wishing for a little more of long-term partner Johan’s perspective on the difficulty of hiding their relationship for thirty years, but although Brown strikes a balance between the personal and professional, he ultimately focusses – as he must – upon Kirby’s judicial and public
Book Reviews work. The difficulties Johan and Kirby encountered dealing with social prejudices will no doubt prove fruitful ground for future biographers. Brown’s prose is lucid and elegant, making this biography genuinely pleasurable to read. He includes a comprehensive and well organised index, and an exhaustive bibliography. While this is only
the first of what is likely to be many biographies – indeed, at the time of writing, a volume of Kirby’s own memoirs had just been released – Brown’s tour de force will stand among the best for a long time to come. Reviewed by Simon Collinson.
Vertical Motion: Stories By Can Xue Translated by Karen Gernant and Chen Zeping Open Letter, 230 pp Need a break from textbooks and reasonableness? Want to read something even less plausible than a torts problem? Try this: regularly cited as a candidate for the Nobel Prize, Can Xue’s stories are unique, strange, and very readable. They’re highly recommended for anyone interested in contemporary short stories or Chinese literature. In particular, fans of early Borges will enjoy these stories for their similarities to some of the master’s greatest work. These are not short stories in the traditional sense – they read more like impressionistic prose poems. Xue uses dream-like ambiguity and illogic to explore various characters’ consciousnesses in depth. A few stories involve unnamed, perhaps imaginary creatures; two are told from their perspectives, including the title story, which concerns a worm-like creature burrowing upwards through the earth and meditating upon the world above. In another, a cat performs detailed psychoanalysis of its owner. Other stories feature floating apartment buildings, bizarre hospitals run by ‘catmen’, and a magical cotton candy machine.
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The felicity of description and originality of imagination is often breathtaking, but the slightly sinister undertone to many of the stories is just as interesting. Some reviews of Xue’s other works have read veiled political commentary into this stylistic choice, but to me it felt more like a translation into the world of short stories of what’s been happening in poetry over the last few decades (Xue herself denies any political motives). The overall sense is something like reading one of John Ashbery’s more obtuse poems – you don’t know quite what you’ve just read, but the detail and mood lingers and it is somehow consistent with its own internal logic – even if that logic is not always obvious to the reader. Congratulations are due to Karen Gernant and Chen Zeping for their translation, which manages to feel fluid in English while retaining some of the idiosyncratic flavour of the Chinese (which comes through particularly well in passages of dialogue). Thanks also to Open Letter for bringing work like this to Western audiences – keep them coming! Reviewed by Simon Collinson. Do you read, watch, listen, eat, or drink? Send a review to publications@flsa.org.au!
Recipe Christmas Coconut Ice Preparation/cooking time: 20 minutes + refrigeration time Ingredients: – 500g icing sugar, sifted – 4 cups desiccated coconut – 395g sweetened condensed milk – 1 tsp vanilla – 50g Copha, white vegetable shortening, melted – Pink and/or green food colouring – Silver cachous to decorate Method: 1. Combine first 5 ingredients in bowl, mix well. 2. Halve mixture, press one half of mixture into foil lined 18cm x 28cm lamington pan 3. Colour remaining half of mixture with pink or green colouring, press evenly on top of white mixture. 4. Refrigerate until set, cut into desired shapes with cutters. Decorate with silver cachous. Serves 12
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Hall of Fame: Judge Judy Laura Dowling Judge Judy is famous for her reality TV show, where she arbitrates over small claims cases in the United States. The show is currently in its 17th season. Her Career Believe it or not, Judge Judy actually had an impressive legal career before starring in the reality show. As well as academic degrees, Judge Judy holds Honorary Doctor of Law Degrees from Elizabethtown College in Pennsylvania and New York Law School. In 1965, Judy graduated and passed the Bar Exam and began working as a corporate lawyer in a cosmetics firm. In 1972, Judge Judy began prosecuting juvenile delinquents, child abuse cases and domestic violence cases in New York. In 1982, she was given a position on the bench of the Family Court in New York and later was promoted to the position of Supervising Judge. She heard over 20,000 cases in this position, making a name for herself as a “tough but fair” judge before retiring in 1996 to work on the American reality courtroom show “Judge Judy”. In 2005, she was earning a whopping US$25 million a year. Her net worth was $95 million and she was ranked as number 13 of the top 20 richest women in entertainment.
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Hobbies and Personal Life Judge Judy is married to former Justice of the Supreme Court of New York, Jerry Sheindlin. Between them they have five children and eleven grandchildren. Judge Judy lives in Florida, although the production of the television show takes place in LA. She enjoys exercising daily, travelling, spending time with her grandchildren, snorkelling, antiquating, and bargain shopping. She featured on 60 Minutes, which lead her to write her first book, Don’t Pee on My Leg and Tell Me It’s Raining, published in 1996. Judy has received a star on the Hollywood Walk of Fame. She has also been a judge for the Miss America Pageant. Most Memorable Quotes – ‘Ridiculous… next!’ – ‘You, sir, are a low-life amoral piece of crap.’ – ‘I eat morons like you for breakfast. You’re gonna be crying before this is over.’
Sudoku Page Easy
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The Jurist – Issue 4, 2011
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Insolvency & recoveries
Clipsal/Schneider
Intellectual property & IT
Elders
Media & entertainment
Hills Industries
Private client
Network Ten
Property
Rural Bank
Infrastructure & construction
SA Film Corporation
Taxation & superannuation
Santos
Trade practices
Veolia
Wealth management & succession
Wallis Cinemas Westpac
Level 21 Westpac House 91 King William Street Adelaide SA 5000
GPO Box 286 Adelaide SA 5001
T +61 8 8205 0800 F +61 8 8205 0805 E kellyco@kellyco.com.au
www.kellyco.com.au ABN 95 723 883 859