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contents Regulars Editorial Letters to the Editor Dean’s Message President’s Message Portfolio Update Minter Ellison: A Clerk’s Perspective Portfolio Update SALSC Update What is Social Justice? Portfolio Update ALSA Update ALSA Conference
. 2 3 4 5 6 8 9 10 11 12 15 15
First Year Special . First Year Vox Pop 16 Help! I’m lost at Law school 18 Student Services & Amenities Fee? 19 Conspiracies Australian Conspiracies The KONY2012 Conspiracy The New Stalking Frontier Political Leadership in Australia The Biggest Conspiracy of All Religion – Raison d’étre?
. 20 22 25 26 29 32
Diversions . Shanghai WOW? Shanghai NOW! 34 Recipe: Shanghai Noodles 36 Life as a Spruiker 38 Reviews . The Litigators 39 Tinnker, Tailor, Soldier, Spy 40 The Hunger Games 41 Crossword: James Bond 42 Sudoku Page 43 Hall of Fame 44
Professor David Bamford Bridget Laffy Competitions Sarah Tirimacco Careers & Education Bridget Laffy Damon Delaney Activities
Jordan Gifford-Moore Hannah MacLeod
Warwick C. Thompson Hannah Climas Annabel Krantz Bridget Laffy Heath McCallum Sharon Reid
Stefania Scarcella & Danielle McFarlane Stefania Scarcella Damon Delaney
Annabel Krantz Simon Collinson Annabel Krantz
Cole Turner/Belthazor
The Jurist association, and the peak representative body for Flinders University law students. We welcome student and staff contributions on any subject. Contact us at Editors: Simon Collinson, Annabel Krantz, Stefania Scarcella. Sponsorship: Kylee Moretti. Printing
editorial
letters
The Jurist for 2012. This issue focuses on conspiracies, both real and imagined. Conspiracies can be found or imagined everywhere in modern life: in Australian politics, in the Greens’ funding arrangements, in social media, in the forces behind the Arab Spring, and in the debate about Joseph Kony. Which are real? Which are illusions? Does it matter? As mysterious contributor Warwick C. Thompson says in his article on Australian Conspiracies (page 20), we need conspiracies: apart from being great fun, even when they’re imaginary they serve to keep our critical thinking skills sharp.
Dear Editor,
Yo Ed It Ta,
I recently enrolled in another course, which is not law, at another university (i.e. I enrolled in a playground for scum). I am still enrolled in Law at Flinders and intend to take a leave of absence, so that if I get tired of being scum in the near future I can return to Law, a course designed around the judgement of scum. However, to
woman like myself, who no how to be a man, and who ain’t afraid to be packin heat in da hood. I can’t be with no 18 year old gettin drunk off 2 crusers then thinkin
This is because conspiracy theories are by their nature imprecise, mysterious and vague – precisely the opposite of the precision we expect in the law. Conspiracies might reasonably be expected to frustrate lawyers enormously. But in fact the legal world has had more than its share of conspiracies: consider the cases which sprang from the conspiratorial destruction of documents by cigarette companies, the accusations made by a certain Tasmanian timber company against a number of environmentalists, and the allegations of price-
of Absence’. As I doubt they would appreciate me doing the academic equivalent of cheating on them, I feel the need to lie to the university in the hope my request will be viewed more favourably. Reasons for leave that might be better received include: 1) Needing to work for a year
Indeed, our very own law school has its own share of conspiracies and mysteries. What goes on in the top
social network sensation Joseph Kony, or 3) Actually being Joseph Kony. Which of those three options do you believe would most please Flinders University?
most importantly of all, who is Tamishaniqua? As the Dean points out in his message, however, conspiracies can be for the good. One thing secret societies have going for them is energy and purpose. Although the support group for persecuted lawyers that Professor Bamford proposes will not be secret, it will hopefully possess the vigour and ingenuity of the best criminal plots. We encourage our readers to support this particular ‘conspiracy.’ Regular readers will notice a distinct change in The Jurist’s design with this issue. We hope you enjoy the new, more relaxed look. If you have any feedback or suggestions, please email us (we think our phone calls are being monitored by the CIA…) Simon Collinson Annabel Krantz Stefania Scarcella The Editors Want to write for The Jurist? We’d love to hear from you! Email us at
.
I will slap yo monkey lips off! Tamishaniqua •
Yours truly, Joseph Kony. • Dear Editor, As a prospective lawyer it really bothers me how stupid people ugly; I mean that when I go out, or to work, most people look like they have particularly low IQs or have spent the majority of their developmental years living in a room decorated with lead paint, wearing lead clothes, in the central hub of a lead smelter. This may seem like a bit of generalisation and a bit of a snap judgement, but it’s just that their faces look so stupid. Their eyes are too close together, or too far apart. Some have really spread out faces like a Mr Potato Head doll, or some of their faces are too smooshed together. One guy I saw last week literally had only two millimetres separating his eyes and his mouth. And I know it’s shallow and I know it’s ill-informed, but it is just very hard to have faith in the collective intelligence of a group of people when they all look like shrunken, pickled heads in a jar. As a law student yourself Mr Editor, to what extent to you completely agree with me? Sincerely, ‘The Elephant Man’
2 The Jurist – Issue 1, 2012
these punk Tamishaniqua wannahaves and start bringin
students, duty to inform you of just how much everyone in this university hates you right now. You turn up in your cars, cars you barely have the licences to drive, park proudly displaying your P plates of shame, and take up every last goddamn parking spot this entire university has to offer! While you get in bright and early for your 9am ‘Introduction to Thinking’ courses, you know nothing of the 11am parking nightmare you are causing for everybody else who has developed a strong sense of car you discuss how ‘cool’ it is to be able to buy coffee at ‘school’, ageing bodies hunched over from reading are crawling from their parks in neighbouring suburbs to attend real courses whilst day dreaming of kicking your young, bright eyed, optimistic arses. You can, and will, withdraw before the census date (March 31st), take your new student card entitling you to discount public transport, and piss off out of my university so I can park my Daihatsu within walking distance of where I want to be. Kind regards, Everybody. • Have something to say? Email us at
The Jurist – Issue 1, 2012 3
dean’s message
president’s message
There seems to be a direct relationship between levels of social trust and the creation of conspiracies. Where trust in institutions diminishes, space is created for the growth of conspiracy theories. These conspiracies are almost always malevolent in nature – be it use of the supernatural in medieval times or world domination conspiracy (by the communists, the capitalists, the Icelanders… ) – the purpose is to harm you and me. And of course the most recent conspiracy – the Greens and the CIA conspiring against the Australian coal industry as espoused by Clive Palmer.
The Jurist for 2012. For those of you who are new to the Flinders University Law School, The Jurist is the quarterly publication of the Flinders Law Students’ Association (FLSA). FLSA are the peak representative body of law students at Flinders University and we are committed to providing you with the services and assistance you need throughout your degree.
However, I want to advocate for conspiracies – conspiracies for the good. After all, at the core of a conspiracy is collective endeavour and that, if used for positive ends, is highly desirable. So I would encourage all of you to participate in a conspiracy – be it supporting Red Cross, fundraising for aid programmes overseas, community development activities or even simply playing sport.
My name is Bridget Laffy, and I am your FLSA President for 2012. Since the beginning of this committee’s term, many hours have been spent preparing for the year ahead and laying the groundwork for new and exciting initiatives. Already, we have launched the new and improved FLSA website, played a large part in the New-in-Law O’Week programme, held a secondhand book sale, hosted the First-Year Dinner, assisted with the coordination of the Law Careers Fair, published the biggest (and best) Careers Guide in FLSA history,
This year I want to begin a “conspiracy” – a support group for lawyers experiencing oppression or imprisonment because of their work as lawyers. An Amnesty International for lawyers – we could adopt two or three lawyers each year and learn more about them, their legal work and the legal system in which they work. There may be other “conspiracies” you think the Law School should be encouraging so please contact FLSA with your ideas.
by-election, and begun the semester one competitions. All of this, and it’s only week six! Later to come this semester will be a movie night, a pub-crawl, law ball, the launch of our new Equity Fund (details to come
Of course these are not really conspiracies as they are not about unlawful acts – at least here. The criminal lawyers will point out that a conspiracy at common law is an agreement to commit an unlawful act. It is the agreement that is at the heart of the crime.
As you can see, FLSA are always busy doing something new and we are always looking for volunteers. By the time this edition of The Jurist be fresh blood on the committee. Each new member will have his or her own unique set of talents to bring into the mix. Unfortunately, the nature of student elections is such that some enthusiastic and passionate students will not be successful in securing formalised roles within the organisation.
Though of course one of the complaints that oppressive regimes often make is that activities like supporting the rule of law and the work of lawyers is merely part of the conspiracy to spread the values of the Enlightenment (and the West) at the expense of local culture and cultural norms. So perhaps, should you agree with my idea of a lawyers support group, we are committing a conspiracy in the eyes of those regimes where unauthorised dissent is unlawful. I am prepared to take that risk, are you?
Professor David Bamford Dean, Flinders Law School
the internal skills competitions. We’re even going to order a new shipment of those gorgeous Law School hoodies you see everywhere.
However, I’m of the opinion that this is wasteful and so this year I will endeavour to make FLSA as inclusive and accessible as possible. I welcome all Flinders law students to get involved in FLSA wherever they can. Whether this be acting as a client, witness, or timekeeper in the competitions, writing an article for The Jurist, or even just coming along to an event, I sincerely encourage everyone to consider the ways they can contribute to the life and culture of the Law School. I am always accessible via to discuss ways in which students can get involved, and I am always available for a chat if you see me around Our doors might only be open daily from 11am – 2pm in LWCM 2.51, but our hearts are open forever. Yours sincerely,1 Bridget Laffy President, Flinders Law Students’ Association
1 Sincerely embarrassed by that closing remark.
4 The Jurist – Issue 1, 2012
The Jurist – Issue 1, 2012 5
portfolio update competitions
2011 was successful year of competitions thanks to David Mason, the competitions team, and our excellent sponsors: Kelly & Co. Lawyers for the Open Moot, Colthorpe Lawyers for the Witness Examination, Lipman Karas for the Negotiation, and Cowell Clarke for Client Interview. We would like to extend a great thank you to all our sponsors, without whom we would not be able to provide a competition program. We are pleased to welcome back our major competition sponsors from last year. A thank you also goes out to all our judges from 2011, including The Honourable Justices Lander and Besanko of the Federal Court, Chief Justice Doyle, Justices Vanstone and Kelly of the Supreme Court, and Judges Worthington and Tilmouth of the District Court. This contribution by the judiciary giving a sense of a real courtroom experience. We hope to have their expertise once again in 2012. The contribution, through judging and question writing, of members of the law faculty and numerous senior students was invaluable and greatly appreciated by the Competitions team and competitors alike. We would also like to thank the many volunteers who assisted in timekeeping and acting as witnesses and clients; competitions could not be run without the extra efforts of these people. Last year the introduction of sub-awards including best written submissions (for Moot competitors),
6 The Jurist – Issue 1, 2012
In 2012 we aim to continue the high standard of competitions set by last year’s competition teams and keep the newly adopted tradition subcompetitions. Semester one competitions include the Open Moot, Witness Examination, Paper Presentation, and Client Interview. Client Interview
YOUR PASSION YOUR CAREER OUR FIRM
not only to balance out the spread of competitions students to participate during semester one. The team is also in the process of beginning an online AFL tipping competition open to all members of the Law School, with a portion of the proceeds going to our equity fund. We expect footy tipping to
So you know what you want to do
is also a lot of fun and a good opportunity for those uninterested in legal competitions to get involved. Knowledge of AFL is not required. As the AFL season has just begun, keep an eye on the FLSA website, our noticeboard, and emails for further details!
but now have an important decision to make – which law firm? Not all law firms are the same.
Lastly, the Competitions Team would like to welcome new competitors and welcome back our competition junkies who can’t seem to keep away. We wish all of you the best of luck and look forward to watching you compete throughout the year! For more information, or to give any feedback on competitions, please contact us at competitions@ or visit – Bianca Geppa and the Competitions Team
Find out more about our Vacation Clerkship Program at www.minterellison.com or email vanda.mutton@minterellison.com ADELAIDE AUCKLAND BEIJING BRISBANE CANBERRA DARWIN GOLD COAST HONG KONG LONDON MELBOURNE PERTH SHANGHAI SYDNEY ULAANBAATAR WELLINGTON
weeks before SWOTVAC.
in their particular area. Some clients and witnesses took this competition to the extreme, which was more than a little entertaining for competitors, judges, and everyone in the audience!
SYD10 0313
strong performance at ALSA and the enthusiasm already demonstrated by students, the 2012 competitions team is getting ready for an exciting year! As the closing of registration approaches, there is little to report in terms of competition progress. At this stage, competitions are set to begin
best witness (for Witness Examination) and best client (for Client Interview) were added to give an extra element to the competitions and also give the
www.minterellison.com
minter ellison: a clerk’s perspective
portfolio update
by sarah tirimacco
careers & education
I started at Minter Ellison as a very nervous and excited summer clerk in late November 2010. I was ecstatic about being given the opportunity to work at one of the top tier, full service commercial law be expected of me, given that I had no previous The comprehensive induction program and the friendliness and patience of all of the staff helped my nerves to subside quickly. I was assigned to work in two different practices teams but was provided with many opportunities to be involved in work for other teams. Each clerk is assigned a buddy and two supervisors. My buddy was a summer clerk from the year before and she became an incredible support mechanism as well as a good friend – it is always good to have someone at a similar level to you, to ask all of the ‘menial’ questions. My supervisors were a senior associate and a partner who were both extremely approachable and welcoming. I was involved in some rewarding work, including prospectus preparation, drafting letters to clients, assisting in the development of internal precedents and researching a wide range of different legal topics. I also had the opportunity to assist with various pro bono matters at the Housing Legal Clinic which was a fantastic experience. The thing that I value most about working at Minters is the sense of community, and the big emphasis on team work. It is a surreal feeling to be able to work directly with so many of the best lawyers in Australia who are all so approachable, friendly and patient. The social side of Minters is great and there are opportunities to participate in social club functions,
8 The Jurist – Issue 1, 2012
sporting activities, team functions and the annual I was invited to stay on at Minters after my clerkship. I am now a member of the Energy Team, and was privileged enough to be admitted to the bar last year by one of the Partners in my team. Since my clerkship I have been involved in a range of different matters and have learnt an incredible amount. I now communicate with clients on a regular basis, both with a Partner and sometimes by myself. Minters continues to provide me with opportunities to broaden my knowledge and skills. grown. I can certainly say that my summer clerkship at Minters was the opportunity of a lifetime.
How to apply At Minter Ellison our lawyers come from diverse backgrounds but what they share are the key attributes we look for in our clerks and graduates: ➢ a drive for excellence and technical achievement ➢ commercial awareness ➢ energy and initiative. Your application should be submitted online and include a brief covering letter, a curriculum vitae and your latest academic transcript. Application dates are as prescribed under the South Australian Clerkship Guideline Scheme. For details on how and when to apply please visit the careers section of our website at www. minterellison.com/careers. We will only accept applications through our online recruitment system.
In the past few weeks in Careers we have published the 2012 Careers Guide, and co-hosted the Law Careers Fair and a number of seminars targeted to different year levels with the Careers Centre. With all of this behind us, it is time for the Careers & Education Team to open their books and start some study, but it is also an excellent time for start looking at your career pathway plan. With most application dates (at least for law jobs) falling in the middle of the best time to get your head around your plan of attack for your career. copy of the Guide (if you didn’t get one at the Fair make sure you download one from our website at au/car eer s/car eer s- guide/ ), sort the information booklets from the free merchandise you collected at the Fair and have a look through the materials to get your head around just some of the opportunities open to you in your search for your perfect career path. Second, drop in and see the guys down at the Careers Centre to help you out with your plan and drafting your resumes and cover letters. On Careers, over the next few weeks we will be working to introduce our new monthly careers update newsletter and careers update Facebook page to keep you all informed on the latest application dates, as well
as including interviews and articles written by professionals in a range of areas. We are expecting to launch the new publication within the second half of the semester. In the coming weeks we will also be welcoming a new member to the team as the First Year Representative, who will be looking into surveying the new Honours program, and in Education we will be working on implementing a Peer Tutoring Program for the second semester. If you are at program.
to talk about the new The Careers & Ed Team would like to thank everyone who helped out with the Careers Guide and Fair, and in particular the Careers and Employer Liaison Centre for their valued assistance. We would also like to thank the Honourable Justice Richard White of the Supreme Court of South Australia for opening the Careers Fair this year. If you have any questions about Careers & Ed or want more information on anything related to our work contact us at or visit the website at http://www. - and don’t forget to download your copy of the 2012 Careers Guide!
– David Mason and the Careers and Education Team
The Jurist – Issue 1, 2012 9
SALSC update
what is social justice? damon delaney explains
SALSC is the South Australian Law Students’ Council – a joint initiative of FLSA, the Adelaide University Law Students’ Society (AULSS), and University of South Australia Law Students’ Association (USALSA). It comprises the Presidents of each association, as well as an Executive Director from each law school student body. The purpose of SALSC is to facilitate joint ventures of the three law schools, and offer opportunities for social, competitive, and educational interaction between them.
2.51. All proceeds will be donated to the Tristan Jepson Memorial Foundation. This charity has
But what is social justice? What do I do in my role and, more importantly, why should you care? position at the best of times, but fortunately that is its strength not its weakness. With such a broad issues in the Flinders community. My role this year essentially breaks down into two concepts; making student’s lives easier and raising awareness on important issues in the community.
important dates hike for happy lawyers At 9am on 29 April, the South Australian Law Students’ Council (SALSC) will be hosting the second annual Hike for Happy lawyers up the Mt Lofty summit from Waterfall Gully. This initiative of SALSC was launched in 2011 in response to the alarming rates of depression amongst law students and the broader legal profession. Research has shown that depression affects Depression is also prevalent amongst law students, with more than 40% of students experiencing distress severe enough to warrant medical assessment. In recognition of the importance of mental health issues amongst the legal profession, the Hike for Happy Lawyers combines some fundamental building blocks for tackling these issues – exercise, friends, and fun. To participate in the hike, all you need to do is pay the small fee of $5 to FLSA (on behalf of SALSC)
Since December 2011 I have been fortunate enough to serve the as the Flinders Law Students Association
The view from Mt Lofty.
is to decrease distress, disability and the causes of depression and anxiety in the legal profession. It was established in August 2008, and its great work has helped created greater awareness of depression and anxiety amongst the legal fraternity.
tri-varsity competitions May 26 & May 27 – Hosted by Adelaide University Law Students’ Society
out that not all law students are equal; we all know that so there is no point dwelling on it. Economic, social and personal issues can affect any student and I believe it is important that FLSA helps out wherever we can. In prior years this has taken form in a variety of ways; the FLSA second hand book sale being perhaps the most notable. Every semester we offer students a chance to either recoup the expenses from buying new textbooks or save some money by buying quality books at a sharp discount. But that was last year, and I would like to talk to you all about what is new in 2012.
this fund will begin in the second semester of 2012. We are hoping that this fund will help out a great deal of students in the years to come, and we are excited about the possibilities. My other pet project this year revolves around the serious issue of depression and mental health issues. Lawyers, and especially law students, are highly susceptible to depression. Unfortunately this is the life many of us have chosen; long hours, frustration, monotony; all apart of being a law permeates our eventual profession to such a degree that nearly one in three solicitors are affected. For that reason, FLSA has taken it upon itself to be as active as possible in raising awareness and funds for mental health organisations starting with our involvement in the Hike for Happy Lawyers (April 29 at 9am starting at Waterfall Gully) to raise money for the Tristan Jepson Memorial Foundation. 2012 is shaping up to be a big year for the Social Justice portfolio, and I hope I can do my best to help the student body in whatever way I can. A good year and good mental health to all, Damon Delaney
Perhaps the biggest addition this year will be the FLSA Equity Fund. Designed to lend a helping hand
law dinner October 20 – Venue and speaker TBD.
Crossword Answers Across: 5. Monique 6. Madonna 7. Ian Fleming 10. Navy 13. Eon 17. Thunderball Down: 1. Sean 2. Dr. No 3. MI5 4. Bentley 5. Martin 7. Kingsley 9. Cape 11. Andrew 12. Norman 14. Nelson 15. Atari 16. Pulsar
10 The Jurist – Issue 1, 2012
The Jurist – Issue 1, 2012 11
portfolio update activities recent developments at The Duke of York. It may have been hailing years were able to mingle with their peers, mentors and our Dean, David Bamford. To bring out their competitive side (which isn’t very hard seeing as they are law students) a quiz was held, yet who would have thought having David Bamford on your team
what’s happening next? We are now organising our next event for Semester 1, The FLSA Movie Night, to be held on Thursday the 5th of April, at the Wallis Theatrette, where we will be screening Sherlock Holmes 2 and Idles of March. Come and enjoy a night of movies food and drinks (BYO alcoholic beverages) for only $15 ($10 for premium members). We hope to see you there!
upcoming events: semester 1 It was the lucky No Name defeating the team of mentors by just two points. Unfortunately, our President Bridget Laffy was no the way to last place! After dinner, drinks, and the years. Needless to say FLSA and the Mentors were victorious, making it back-to-back wins against the First Years!
➢ Movie Night: Thursday April 5th ➢ Pub Crawl: Friday May 4th ➢ Law Ball: Saturday June 9th For more information about upcoming events, visit , email us at activities@ , and keep an eye on the FLSA Facebook page. – Jess Kamleh and the Activities Team
12 The Jurist – Issue 1, 2012
The Jurist – Issue 1, 2012 13
update
conference
The Australian Law Students’ Association is the national representative body for law students across the country. The association works each year to publish guides and journals providing careers information, general updates in law and to give students the chance to publish their works. The association also works to advocate for law students in Australia, and this year has been focusing on tackling issues of depression in law schools through their Mental Health Working Party and national honours reform proposals through the Higher Education Working Party.
Ready, Set, GO!
Upcoming on the ALSA calendar is the annual ALSA Conference to be held in July, this year being hosted in Melbourne. The week-long conference beings together over 600 law students from across the country to compete in the national championships of the competitions we hold here at Flinders, as well as to attend a wide variety of social events including the opening and closing galas, cocktail nights, pub crawls and day trips through Melbourne. The conference also plays host to a number of educational forums, and is the meeting place for the ALSA Council made up of representatives from law students’ associations from across Australia. Flinders will be sending a delegation of competitors to the national championships again this year, but any law student can attend the conference as a general delegate. The cost for general delegates is $850, including full accommodation, transport once you arrive at the conference and tickets to all of the events (including meals and drinks at some). You can also register for a reduced amount for the same package minus the accommodation. If you are interested in attending the conference as a general delegate contact our ALSA Representative, David Mason, at . For more information about ALSA visit their website at http://www.alsa.net.au, and for more details on the conference to go http://www. alsaconference.com.au.
Disappointed that you are lacking the sporting prowess to make the Australian team at the London Olympics? Never fear! The perfect opportunity to put your well exercised brain cells to good use is here and you don’t even need to leave the country. In 2012 the Australian Law Students’ Association is being held in the sporting capital of Australia and we want YOU to join us. From 9th to 16th July more than 500 law students will come to Melbourne as competitors, councilors, and general delegates. Conference is a jam-packed week and is the largest law student conference in Australasia. It includes opening and closing gala dinners with forums, a cocktail evening, two theme nights, a pub crawl, workshops, day trips, an equity breakfast, But wait, you actually did want to play some sport? That’s okay too, as 2012 will see the launch of the ALSA sports day! This is the perfect opportunity to earn some bragging rights over rival universities! If we also have a sports themed social event, with every university assigned a sport to inspire their costume. A great chance for some uni teamwork and creative planning. How much does it cost? Gold registration includes your accommodation and is $850. If you want to attend but already have somewhere to stay, then silver registration for $500 is for you. For more information and to register head to www.alsaconference.com.au. Follow us on Facebook (www.facebook.com/alsa2012) or on Twitter (@ ALSAConference) to stay on top of all the latest developments.
See you in Melbourne!
The Jurist – Issue 1, 2012 15
vox pop (
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Miranda Hamilton
Peter Male What’s the most surprising thing about law school so far? How many students there are v How many likely jobs the are at the end. (This is not a case reference). should know? That young men think wearing thongs (on their feet) is acceptable dress more than 100m from a beach.
Everything can be totally overwhelming, but it does sort itself out… eventually What’s the most surprising thing about law school so far? Information overload! In three words or less, why are you studing law? Personal, justice, information Who’s your favourite cartoon character, and why?
Kony – is it a scam or the real thing? Scam - most things out of Africa are these days.
hate Mondays
In three words or less, why are you studying law? Become a Lawyer. Who’s your favourite cartoon character, and why? and he respects his wife Lois.
Mary-Anne Maio In three words or less, why are you studying law? Justice is key!! Tutors are your friends - seek them for help!! What’s the most surprising thing about law school so far? The amount of personally-directed study and dedication it involves - it’s Kony – is it a scam or the real thing? Real thing for sure - today’s ethics of journalism wouldn’t allow such a massive amount of media coverage of this event to occur if it wasn’t!
Karen Robertson What’s the most surprising thing about law school so far? How communal law school is. And how it’s not that intimidating. Excluding workload. It’s better to have early classes and beat everyone for a park. Try to compress as many classes together as possible. In three words or less, why are you studying law? Interested in law & justice. Want to be a part of it, not too ambitious with it. Kony – is it a scam or the real thing? Remains to be seen. Who’s your favourite cartoon character, and why? Hello Kitty, although I don’t think she has a cartoon. So, maybe Pikachu because it’s so damn cute.
Who’s your favourite cartoon character, and why? Mike Wazowski from Monsters Inc - he’s not afraid to be himself and let his true colours shine, and is always there to help those in need; a true inspiration!
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The Jurist – Issue 1, 2012 17
help! i’m lost at law school!
student services & amenities fee? hannah macleod explains all.
‘why law?’ You will undoubtedly be asked this many times during your 3 - 6 year pilgrimage, by friends, family, law students... and yourself. You may have nagging parents, a maths allergy, expensive legal bills, or a passion for human rights. But no matter the type of student, by now you will be familiar with the worrying law-school conspiracy; the idea that whatever you do, it will ruin your life. Having just spent the last days of the summer holidays wondering why I was looking forward to coming back, it seems that so many of the negative law stereotypes are untrue. ‘
logical, easy-to-follow structure. Also, memorising information is made easier by cases that are surprisingly interesting, relevant and entertaining. You will constantly be given new concepts to understand and apply, so it is vital that you do not fall behind. Keeping up is possible if you go to lectures, do the tutorial readings and write down anything unclear to ask your tutors in consultation times. Your grades will almost certainly not be as good as high school, at least in the beginning. But after a couple of assignments, Distinctions and High Distinctions are obtainable. Although P’s do get degrees, a transcript full of them will limit your options.
‘law is too expensive...’ The costliest myth of all is that you need to buy all the textbooks. While some are useful when working from home, they are freely available in the library, or at reduced prices online and at the FLSA secondhand book sale. The hundreds of dollars spent on
18 The Jurist – Issue 1, 2012
the more infrequently used textbooks could be better put towards events, stationery, suits and Uni lunchtime.
‘law takes over your life...’ Horror stories of drowning in readings, losing friends and becoming a basement-dweller are common law-school stereotypes. However, organisation and study techniques can allow you to get good grades and still have fun. In many ways, law school improves your social life; with regular parties, gatherings, pub crawls and dinners. To make time for the events, it is important to study effectively. Make concise exam notes as you go, read the FirstPoint case summaries, research with Halsbury’s Online Encyclopaedia, learn to identify case ratios and know what helps you concentrate.
For those willing to put in some extra time, FLSA runs legal competitions, which are extremely legal skills that help with assignments and allow you to become more involved in law school life.
‘why law?’ While there will be undoubtedly be stressful moments, enjoy the opportunities that come with the degree. You can enter international competitions, volunteer with humanitarian organisations, take an overseas exchange, travel with friends, attend law balls, pub crawls and meet fantastic new people. Be sure to remember, while grades are worth working towards, the most important thing is that you are able to emerge from your degree, look back on it – and think, ‘that was almost worth the $30,000.’
history For many decades university students paid a compulsory student union fee. This fee made each student a member of their university’s student union. Students could elect to opt-out of being a member of their student union. However, they would still be required to pay a services fee which was often equal to the fee of union membership. The fee was used by these unions to deliver services such as advocacy and welfare support to students, the running of clubs, the running of on-campus events, the operation of student bars and restaurants and providing the student magazine. In 2005, the Howard Government repealed compulsory student unionism (CSU) and replaced it with voluntary student unionism (VSU). Following this all universities had reduced funding, and scaled back on the size of the student unions and the services which they delivered. At Flinders, it became necessary to close the six student associations previously funded by CSU: the Flinders University Union, the Sports Association, Post Graduate Students’ Association, Clubs and Societies Association, Flinders International Students’ Association and Students’ Association of Flinders University. organisation was formed called Flinders One (aka Flinders Campus Community Services) to deliver some of the services once delivered by the student union.
will increase funding to student services. This fee rather than going to a student union will go directly to the university. However, under the legislation, universities are required to consult with elected student representatives, and follow guidelines as to what services the money will be spent on.
what this means for you All students will be required to pay the SSAF which is calculated based on the numbers of units studied. For a student studying fulltime (36 units) the fee will be $263. Currently, Flinders students who study in Renmark, Mt Gambier, Alice Springs, Port Lincoln, Katherine and Darwin will pay a reduced rate of 50%. Off-shore students, on-shore international students (2012 commencing students and earlier) in order to comply with legislation applicable to international on-shore students; and Students enrolled in one of the University’s Foundations Studies Programs will be exempt from the fee. Failure to pay this fee will mean that the student will be unable to graduate, as they would still owe debt to the university. Those students who are eligible to defer tuition fees to HECS-HELP are able to defer the SSAF to SA-HELP. For more information on the SSAF, visit http:// student-services-fee.cfm Hannah McLeod is the President of the Flinders University Student Council.
now Late last year, the Higher Education Legislation Amendment (Student Services and Amenities) Bill 2010 was passed by the Gillard Government. This allows university to charge a compulsory fee which
The Jurist – Issue 1, 2012 19
australian conspiracies warwick c. thompson delves deep into our past...
I’m not sorry. Maybe it’s because I’m obsessed with Castle, maybe it’s because I’m obsessed with politicians, and maybe it’s an aggregate of both. The reason isn’t important. What’s important is that thanks to Clive Palmer, this article is no longer just a self-indulgent rant, but a topical self-indulgent rant. Governments are always under scrutiny by the public; someone always has something to say about the way things are or are not being done. Often this commentary is boring, but occasionally someone says something outlandish that will later be immortalised in a satirical cartoon.
industry in order to strengthen its own stake in the market. Although the CIA has explicitly denied these claims, to this reporter, it seems very likely that a U.S. intelligence agency would covertly try to destroy the economic virility of one of its nation’s biggest
Whilst it’s no big surprise that the environmental movement is angling to dampen the effects of the coal industry, it is questionable whether these undermining1 efforts are the product of CIA
Clive Palmer
20 The Jurist – Issue 1, 2012
Maybe he was just a little bit paranoid, but apparently Whitlam was convinced that ASIO and the CIA were plotting against him. Could this be sheer madness? Was Whitlam losing the plot? Maybe. Maybe not. Nevertheless, it looks like he had good reason to be paranoid… only six days after Whitlam made his claims that the CIA was funding the National Country Party, Governor-General Sir John Kerr exercised his controversial Constitutional Prime Minister in 23 years. Risky business. Long before Australia had disgruntled billionaires getting their rage on about U.S. spies, we had paranoid Country Party leaders
It is often said that the dismissal of Prime Minister Gough Whitlam was the result of a covert CIA operation in retaliation to his approach to foreign
On Tuesday 20 March, billionaire mining magnate, Clive Palmer, more or less declared that the Queensland environmentalist movement and state Greens leader, Drew Hutton, were treasonous agents of the CIA intent on destroying the Australian coal industry. According to Palmer, through the Rockefeller Foundation, the CIA has been funding the green movements’ legal action against the coal
policy. In particular, Whitlam’s plans to close the American military base at Pine Gap near Alice
‘Gonzo’ journalist Warwick C. Thompson
rise of Japanese power
John McEwen
Gentlemen, meet John “Black Jack” McEwen.
John McEwen was the leader of the Country Party during the sixties, and served as Deputy Prime Minister of Australia during the Holt Government. When Holt mysteriously disappeared on 17 December 1967 (Soviet submarines – seems legit), McEwen took leadership of the coalition as the Country Party refused to back the then Treasurer (and Deputy Leader of the Liberal Party), William McMahon. Why, you ask? Because McEwen thought McMahon was a spy for the Japanese. Apparently, McEwen accused a lot of people of being a spy for the Japanese, but it was this particular accusation that caused the most unrest in Canberra. McMahon was quite friendly with journalist, Maxwell Newton. Newton was quite friendly with some Japanese businessmen. Since it was one of the worst kept Harold Holt.
secrets in Parliament that McMahon would leak details of cabinet meetings to Newton, McEwen naturally assumed that this arrangement also consisted of treasury secrets to Newton’s Japanese business interests. Whether these claims were substantiated or not, McEwen’s paranoia diverted the path of Australian Political leadership from potential spies, to the nuclear weapon lover, William McMahon John Gorton. On a side note, this author is pleased that our political leaders have shown a long history of paranoia in matters of national security. Not for any reasons of substance, but for the completely blocked Billy McMahon’s bid for leadership, he would have been too busy being Prime Minister to pass on that jaw to his beautiful son, Julian. Let’s face it… if our 1960s politicians weren’t afraid of everything, we wouldn’t have had such a dynamic portrayal of
have one less ex-husband, and Phoebe Halliwell would have never found love on Charmed. to claim that extraneous forces are controlling the way our country’s political landscape is built. However, he is probably the richest. I am supportive of conspiracy theories. I think they’re important and they keep us on our toes. In fact, I’d like to start one of my own. Don’t you think it’s suspicious that no members of FLSA were harmed as if they were pre-warned…
1 Pun intended.
The Jurist – Issue 1, 2012 21
the KONY2012 conspiracy has not been in Uganda for almost six years, and the LRA (while still being responsible for human suffering) numbers in the hundreds rather than the thousands, having moved predominantly into the Sudan and the Democratic Republic of Congo.
hannah climas but is KONY 2012 really the way to go?
Did you notice that the name of Joseph Kony, Ugandan warlord and guerilla leader, was misspelled in the above picture? Because the 38,000 people who reposted this on Tumblr didn’t. This illustrates a startling, if disappointing point. If the aim of the KONY 2012 video was to promote a knee-jerk reaction, it succeeded. If the aim was to educate young people, it failed. To begin with, I’d like to highlight the fact that I’m writing this from the perspective of a young, white, African Studies Honours student at Flinders University. This time I didn’t have to turn to Al-Jazeera or the BBC to see the KONY 2012 video – it took over my Tumblr. And my Facebook. It trended on Twitter for 36 hours. On Monday 5th March 2012, ‘Kony’ was mentioned 712 times – on Tuesday 6th March 2012, ‘Kony’ was mentioned 56,845 times. The popularity of KONY 2012 is a testament to the power of social media to spread a message. People everywhere have been sharing and ‘doing their part’ to end the atrocities perpetrated in Uganda by warlord Joseph Kony and the Lord’s Resistance Army (LRA).
22 The Jurist – Issue 1, 2012
People on social media sites are being fed obsolete information, rendered all the more dangerous by the supposed good intentions of the creators, Invisible Children (IC). There have been several distinct criticisms leveled at the KONY 2012 campaign, as well as the organisation behind it; People have argued the little information given in the video is factually incorrect and presented in an unnecessarily emotive way. They have argued that the picture portrayed on-screen, of the Ugandan embodiment of pure evil”, isn’t one that actually exists. They’ve pointed out that governments and NGOs have been concerned about Kony for several years now, and that it isn’t a lack of awareness that is preventing action being taken – indeed, action has already been taken by the US, United Nations, AFRICOM and the Ugandan government. People have also taken umbrage with IC, both for their advocation of poor foreign policy decisions. Online media outlets have argued that “you could forgive eager tweeters crying out to stop the non-existent violence in Uganda”. I argue that it goes much deeper than that.
factually incorrect information The subject material of KONY 2012 is genuinely should not be criticised. But the footage for KONY 2012 was shot in 2003 and Northern Uganda has with recruitment of child soldiers decreasing 80% as a result of action taken by the Ugandan Government and the International Criminal Council. Joseph Kony
The argument made by IC, that Uganda is currently in desperate need of Western intervention, is spurious at best. The number of child soldiers referred to in the KONY 2012 video, 30,000, is not an accurate number, referring instead to the overall estimated number of children taken over the past 30 years. This is a problem that has been recognised by IC, with a spokesperson agreeing that “leading people to believe that the war is still happening in Uganda is not ethically right. However, at no point in the KONY 2012 video do IC attempt to rectify this misconception. Instead, they go out of their way to describe a situation that doesn’t exist in the way people now think that it does, and therefore harming the development of more appropriate responses. This sort of campaign may have been effective a decade ago, where the atrocities taking place in Uganda were not general knowledge, but today it is ridiculous. The suggestion that governments and NGOs are unaware of Joseph Kony and the LRA, and that all that is required to promote change is a cleverly marketed video posted en masse, is symptomatic of a young western mindset that says “we are obsessed with this idea that there’s a bad guy in the world and that we can stop them”. For all their rhetoric, IC have left it unclear as to how spamming people in the name of ‘raising awareness’ is going to achieve any real change. Joseph Kony has already been indicted for war crimes by the International Criminal Court (ICC) in 2005. The subject material of the KONY 2012 campaign, what the ICC termed the ‘forced enlisting of children into the rebel ranks’, has already been
examined in great detail. list since 2001, contrary to KONY 2012’s implication that it has been ignored until now. Daniel Travis, Kampala, stated that US law ensures that the LRA continues to be the focus of military operations in central Africa, with civilian defence a priority. This illustrates two things – that claims of US ignorance of the crimes committed by the LRA are false, and that continued US presence in the region, combined with UN support, is a reality. It is neither absolute Uganda is just one aspect of a wider solution sought by central African governments. To argue that no action is being taken on the issue of child soldiers undermines the efforts made by organisations such as Child Soldiers Initiative who have worked in conjunction with educational institutions and NGOS to “develop a conceptual base for the elimination of the use of child soldiers” in central Africa and elsewhere. The use of social media sites in the promotion of genuine issues isn’t inherently bad, but people reposting this video are misleading potential donors and advocates, and misrepresenting a serious situation.
the promotion of poor foreign policy choices The KONY 2012 video, whilst successful in mobilising large groups of western youths to reblog videos and buy bracelets, does more harm than good when it comes to foreign policy and sustainable developmental goals. Any action taken as a result of The issue here is that “people who know nothing there, the capacity of the local population to help
The Jurist – Issue 1, 2012 23
themselves and the overall situation, buy into the IC
misled on where their money is going, and that poor
if you don’t know any better, probably makes you feel great when you get involved”. This is especially problematic within a post-colonial discourse. The suggestion that regions like central Africa, and states like Uganda, are unable to properly develop without Western interference is at best paternalistic and at worst neo-colonialist, or even racist.
This is illustrative of a wider problem, whereby donations never reach their intended recipients, IC only gives 37% of revenue to on-ground programs. What does go towards Africa appears to be restorative in nature (think livelihood programs), rather than preventative (the eradication of Joseph Kony and the LRA).
Currently Northern Uganda (the focus of KONY 2012) is in the process of rebuilding. Though in no way perfect, the recent lack of violence is indicative of a situation whereby any intervention, however motivated, would disrupt the peace and cause unnecessary death. The fact that the LRA is no longer in the region would be rendered moot – as is, “the last time IC got politically involved and began lobbying it actually caused more violence and deaths”. When IC pleads with us to arm the Ugandan military with American weapons, it is pleading with us to support a course of action that is poorly planned, makes no contextual sense and would just result in more killing. action based on KONY 2012 will be ill-conceived and based on out-of-date information and manipulative campaigns, and arguing that Joseph Kony is a cause merely results in genuine criticism going unheeded now and we are pissed” pseudo-activist mindset.
conclusions The argument I’ve encountered on Tumblr and Facebook time and time again is that, despite its factual inaccuracy, needlessly emotive tone and dubious creators, the KONY 2012 video is something to be celebrated because it promotes awareness, youth involvement and is an example how social media can be used positively. I contend that it does the opposite. The fact that University students are reposting an (admittedly well-constructed) video will do nothing to combat child slavery and sex trading in Uganda, especially as the circumstance described in the video no longer exists. In this sense, raising awareness of this situation is meaningless. Furthermore, even if the little information actually provided by IC was correct, reposting the KONY 2012 video (or buying the bracelet or the action kit) would still result in little more than a wave of good feelings. Facebook, Twitter and Tumblr are all fantastic tools, and I fully support the use of social media sites when it comes to educating people. But that isn’t what is happening here. People are being taught to mistake emotional barrages for critical reasoning, accept false information without question, and to oversimplify a complicated situation in order to better market or commercialize it. By ignoring the fact that Joseph Kony is a symptom rather than a
24 The Jurist – Issue 1, 2012
annabel krantz Once upon a time, a ‘stalker’ was a man you would binoculars or some other creepy paraphernalia. Nowadays, thanks to the Internet, the arena of stalking has blown wide open. Most of us are guilty of doing a little ‘light stalking’ from time to time. Who wouldn’t, when Facebook and twitter make it so easy? Looking up an ex-boyfriend, or the mean girls you went to school with, just to see what they’ve been up to, all the while hoping they’re still single (re; still pining after you), or have had a tragic run in with a blimp and are no longer Queen Bee. It may be as simple as stalking someone’s feed and inviting yourself along on that outing to see ‘The Hunger Games’ next week, or living vicariously through a friend who just came back from Europe and has now posted 600 photos of their trip. Some would argue that this brand of stalking is relatively harmless. Nobody knows you’ve been there, and really you’re not doing any harm, maybe it’s even a way for you to keep up to date with what people in your social circle are doing. The Facebook group ‘Social Network Stalking’ says that it’s ‘what happening in everyone else’s lives!’ When you put it like that, it doesn’t seem so bad.
and that he wanted to leave me for her (also a lie). Seeing as I knew she was lying, I wasn’t too fussed – until I realized that she had found my phone number somewhere online (and no, it isn’t listed on Facebook). Creepy. That situation is pretty mild compared to what some people face; constant emails and calls, people badmouthing them or their businesses, rumours being spread, sexual advances from dodgy old men – or worse, kidnapping or assault. All stemming from those seemingly harmless details posted online. While social media sites now offer options for customizable privacy settings, there is still a great deal of information that slips through the cracks. Facebook can use your information even after you’ve deleted your account, and most sites don’t have adequate policies in place to deal with online stalking once it’s started. In this case, the best action is preventative. Go you’re not broadcasting your information to the whole world. It’s no longer enough to shut your blinds and block out the Peeping Tom – cyberspace can provide creeps with a route right through your windows and into your private life.
what not to share
KONY 2012 video should stand as an example of
However, there are some people who struggle to draw the line between harmless and scary. In recent years, more and more people have reported that they are being stalked through their online activity. Privacy is a tricky thing when it comes to the Internet; too often we post our personal details, our locations (ever think twice about checking in?), and our plans on social media websites, not realising that it could be used against us in some way.
evils”.
Recently, I had someone text me claiming that she was having an affair with my boyfriend (lie)
➢ Anything that could give someone a hint about your password (like talking about your pets)
history, any proposed solution (or even campaign) records are public. Because of this, and because of its poor Charity Navigation rating re: accountability, it has come under close scrutiny after the KONY 2012 video went viral. The issue isn’t that IC isn’t declaring its earnings, but that donors are being
the new stalking frontier
➢ Personal conversations ➢ Your upcoming plans ➢ Information about your workplace ➢ Photos of your kids ➢ Your location ➢ Your address or phone number
The Jurist – Issue 1, 2012 25
political leadership in australia
Australian Labor Governments Jurisdiction
ALP 72
As law students, all we seem to do is read cases and worship the Judiciary. However, the Legislative and Executive branches of government play an equal (if not greater) role in the development of our laws and legal system. Sure, the courts interpret legislation made by parliament in accordance with the policy direction of cabinet. Unless you have a particular interest in politics, following the development of all three branches is too much to ask. On top of that, any expectation that we should know what is going on beyond the Commonwealth and South Australian jurisdictions is tenuous, at best. The coverage of the Queensland election has monopolised the media recently and this coverage has piqued my interest about what goes on beyond the great land of South Australia. On March 24, the Liberal National Party (LNP) was voted in after 13 years of Labor (ALP) government. On its own, this seems like just another day at the election time is my most favourite time of all, but I was almost bored by the essentially uncontentious developments in QLD. In fact, my highlight of the Queensland Votes coverage was trying to determine by the lack of analysis his computer-like mind was required to calculate. In State matters, Australians have generally shown a pattern of electing the opposite party than who’s in government federally and then leaving this State Government in charge until they run out of ideas, everyone gets sick of them, and the opposition wins by a huge majority. Which ever of these events Therefore, it seems logical that the recent leadership changes in QLD, NSW, and VIC might foreshadow what will happen federally. Most of the
26 The Jurist – Issue 1, 2012
Commonwealth
South Australia
Tasmania
NT
ACT
Minority Gov. Crossbench BOP
Majority
Minority Gov. Greens BOP
Minority Gov. Ind. BOP
Minority Gov. Greens BOP
LNP 71
Ind 2
KAP 1
G 1
ALP 26
LP 18
Ind 3
ALP 10
G 5
LP 10
ALP 12
LP 12
Ind 1
ALP 7
G 4
LP 6
has until the end of November next year to call for an election of a new Federal Parliament.
Leader
Julia Gillard
Jay Weatherill
Lara Giddings
Jane Aagard
Katy Gallagher
After Campbell Newman’s electoral hulk-smash, the leadership tally changed to four blue jurisdictions
Opposition Leader
Tony Abbott (LP)
Isobel Redmond (LP)
Will Hodgman (LP)
Terry Mills (CLP)
Zed Seselja (LP)
Labor governance, the only outright ALP majority is in South Australia. Minority governments are an interesting occurrence in our wash-minster parliamentary system because they can either lead to complete deadlock or to the facilitation of alternative policies becoming law. Unfortunately, in the wake of each minority government election, there is that period of anticipation when the fate of a government is in the hands of as little as one person – snore. Who could forget the media circus that followed the 2010 federal election when in an effort to form government, the leaders of both parties spent weeks wining and dining the three independents all over the country? Nevertheless, despite this author’s particular aversion to minority governments, I will concede that they are particularly useful for making change that would be otherwise unavailable under the control of either major party. It is another matter entirely whether or not this change would be desirable.
Parliament
Bi-cameral
Bi-cameral
Bi-cameral
Uni-cameral
Uni-cameral
This brings me back to my main point about change. Do we want change? Do we want new politicians to come in and change the laws? To make everything we learnt last year in Tax Law irrelevant? If we decide that we do want change, are we prepared to pray for minority governments to The approaching elections in NT and the ACT will help unravel this mystery. However, with both comprising the longest serving incumbent ALP governments, the territories should keep on their toes - if the QLD election has taught us anything, it’s that if we leave our leaders in control for too long the desire for change will be so overwhelming that even members of Katter’s Australia Party can get elected.
Last Election Next Election
By March 2014
Government since
Australian Liberal Governments Jurisdiction
LP 51
New South Wales
Victoria
Queensland
Western Australia
Large Majority
Coalition
Huge Majority
Coalition Majority Independent BOP
ALP 20
NP 18
Ind 3
G 1
LP 35
NP 10
ALP 43
LNP 78
ALP 7
KAP 2
LP 25
ALP 26
NP 5
Ind 4
Leader
Barry O’Farrell
Ted Bailieu
Campbell Newman
Colin Barnett
Opposition Leader
John Robertson (ALP)
Daniel Andrews (ALP)
TBA (ALP)
Mark McGowan (ALP)
Parliament
Bi-cameral
Bi-cameral
Uni-cameral
Bi-cameral
Last Election Next Election
By March 2016
Government since
The Jurist – Issue 1, 2012 27
the biggest conspiracy of all heath mccallum on religion When I heard that this edition of The Jurist was on conspiracies, I knew exactly what to write on – the biggest conspiracy in human history. No, it’s not the moon landing or the demise of Harold Holt; it’s something that single handedly manages to scare people into loving it, commits countless egregious and inhumane acts in the name of morality and make its vehicles amongst the most wealthy and powerful institutions in the planet. I am, of course, talking about religion. I should start by saying that while I have strong opinions on the matter, I have nothing against believers themselves. It would be foolish to underestimate the guilt ridden brainwashing powers of religion and I certainly do not purport that it is reserved for idiots. If you’ve thought about created the world, go for it. Just think about it. I’d also like to make clear that while many examples I use will centre on Catholicism and Christianity, this is merely because they are the most salient to Australian society. My disdain is not limited to these examples – it is directed at the concept of religion and all of its vessels. I should also note that while I went to a religious school and had a religious upbringing, albeit relaxed, I have held this anti-religious belief in some form or another since childhood. Like putting teeth under your pillow, I always felt I was too old for that religious rubbish. self-created monopoly on morality. Religious institutions have all claimed various (self appointed) roles in the ability for humanity to decide what is right and what is wrong. Whether it is the JudeoChristian Ten Commandments, the Five Pillars of Islam or the Buddhist Eightfold Path, each provides
humanity with a blueprint for a moral life. Having being religious by religious people. The interesting point is that all such examples are more or less the same. Stealing is bad. ‘God’ is good. Murder is bad. Be nice to people. While the texts themselves differ and there are some more Muslim’s pilgrimage to Mecca or the Baha’i annual 19-day fast, the core of all religious teachings is the basic concept that you should be a good person. Even Scientology, and there isn’t much that is logical about that crap, has a moral code which (along with other requirements) will help you gain the ability to talk with zebras. But how did all of these religions come up with the same ideas for what ‘good’ actually is when they developed all over the world at different times? The answer is simple; morality is part of being human. Whether it is an evolutionary concept which developed from the need for humans to live in collective societies or more of a social contract, all humans have a moral compass which tells them what to do and what not to do. Sure there are
exceptions – people who cannot register right from wrong, such as serial killers and Tony Abbot, but these people exist in all societies. to tell me that I’m incapable of making these decisions for myself. The very assumption that there is a need for such guidance is treating humanity like a barbaric horde which would be raping and pillaging its way to oblivion if it weren’t for the
The Jurist – Issue 1, 2012 29
the biggest conspiracy of all religion. But, surprise surprise, atheists don’t go on these murderous Crusade-like adventures. Hang on – weren’t the Crusades religiously motivated? Awkward. In fact there is a long history of religions creating, or failing to respond to, a plethora of ethical crisis. The Catholic Church utilised, and actively supported, the slave trade for centuries (before it became unfashionable), Christianity is responsibly for much of the stigma around gay rights (particularly gay marriage) in Western society and similarly, Islam continues to suppress women and their role in a modern society. Religion has also been a major player, if not the sole cause, in many acts of violence and genocide including the Rwandan Genocide, the Bosnian Genocide, the Holocaust, the Armenian Genocide, the Crusades and almost every war you can mention.
The religious types often respond to this concept with a plea to judge these examples in the standards of the time but why the hell should I do that? Religion either provides eternal ethical and moral guidance to humanity or it doesn’t – you can’t have it both ways. If they got it wrong with slavery or the Rwandan genocide, what use is religion in telling humanity what is right or wrong? it outrageously hypocritical that many religions (I admit not all) provide this ‘guidance’ with the thinly veiled threat of eternal damnation for failure to
30 The Jurist – Issue 1, 2012
comply. Most Judeo-Christian religions utilise this scare tactic to encourage people to act morally but is ‘good’ behaviour really moral if it is motivated by self-preservation? Aren’t these people just being You might suggest that it doesn’t matter why people donate to charities or volunteer and you would be right - except for the fact that people who support the role of religion in our society often quote statistics around the participation rates of theists and atheists as trump cards. Doing these things is only benevolent if your motivation is pure – not based on fear. It should also be noted that statistics quoting the far greater likelihood of atheists to volunteer and donate to charity often include churches (or other religious institutions) in both categories and some even include going to church as volunteering. This is a clear manipulation of statistics designed to paint atheists as people lacking moral guidance. A pretty common defense of religions is the simple argument of ‘sure they have problems but they do more harm than good.’ Unsurprisingly, I disagree. Yes religions do good in the world. They contribute to aid programs locally and globally, they provide support networks for people all over the world and much more. Whatever good they do in these ways, it cannot justify the death, pain and intolerance religion is responsible for. Religions are responsible for incalculable harm thanks to their general inability to play nicely
communal concept and as with many such concepts, the fear of the ‘others’ (or moral xenophobia) inevitably develops. Along with the violence and the treatment of women and gays that I’ve already covered, other examples include the Catholic Church’s ongoing approach to condoms in Africa and the entire Israeli situation. On the former point, the Catholic Church has been responsible the deaths of some 40 million people in Catholic African countries thanks to its illogical policy of ‘AIDS is bad but condoms are worse.’ I’d love to see the Pope brought to justice on this point but fear I’ll never see that International Criminal Court brief.
Finally, I have some philosophical problems with religion. First of all, and slightly back to my morality comments, who decided that God is in-fact ‘good’? followers. If this is a self-appointed characteristic, then how is it logical to approach it with the fervor that it attracts? If it is the followers, aren’t they simply creating their own moral code and thus removing Secondly, if God is good, why does he allow all the pain and suffering that exists in the world? I know the religious response is always something along the lines of ‘to prove his love,’ ‘to punish sinners’ or (my personal favourite) ‘to show humanity that they need their savior.’ If he does exist, he is clearly a jerk and is not worthy of the reverence he receives. Thirdly, if God is an answer to ‘what was before everything’ then what was before God? Finally, there is one other little thing that bugs me above all the things I’ve already mentioned. There’s no bloody evidence! Humans are rational, intelligent creatures that base their decisions on logic. This is what separates us from other animals – we have the ability to approach our live in a logical, is to place trust in something with no evidence and I cannot understand why someone would place such organisations. I hope you enjoyed my rant and I look forward to the forthcoming letters-to-the-editor.
The Jurist – Issue 1, 2012 31
religion – raison d’étre?
Scholars have attributed this movement to the rise of a tripartite belief system founded on the conviction that science provides the only road to truth and that all religions are deluded, irrational and destructive.
In his latest book Religion for Atheists, prominent philosopher and renowned atheist, Alain de Botton has suggested that a great deal can be learned from the principles of religious faith. The book has been met with severe criticism from hard-line atheists who have accused de Botton of betraying his status as one of the world’s most highly esteemed contemporary atheist philosophers. American biologist and neo-atheist P. Z. Myers was among de Botton’s harshest critics, writing “I am rolling my eyes so hard that it hurts… you may take a moment to retch; I hope you have buckets handy.” Another irate atheist told de Botton that he had betrayed atheism and implored him to “go over to the other side and die”. While the book may not be music to the ears of atheists across the world, de Botton has certainly managed to do what many atheists before him have never been able to: create a clear, rational, progressive, balanced commentary on the topic. At its core, Religion for Atheists is an attempt to draw a middle line between the religious fundamentalists and atheist fundamentalists – de Botton suggests the same old arguments over whether God actually exists are tiresome and circular. Instead, he argues, can identify with and apply to our own lives.
while atheists and agnostics may not have a spiritual belief in God, as a society we can use religious understandings to help us cope with what de Botton calls the “fracturing of society”. He applauds the emphasis religious teachings place on community and bringing people together through a shared
32 The Jurist – Issue 1, 2012
values system. He also suggests that Buddhism and Christianity shape a unique view of the world by recognising that life is challenging and humans
posse of followers, it has emerged that the very
helpful lens through which to view our world, even for those who do not consider themselves spiritual or religious.
Prominent thinkers have likened the
analyse religion, faith or spirituality in
While de Botton maintains he is still an atheist and not looking to discover God or a higher being, his book shows that he has delved into the heart of the world’s major religions and emerged with some profound ideas and understandings. I would argue that it is this process of open-minded exploration and discovery that can lead us to understand, appreciate and build genuine respect for the beliefs of others. So often it is easy for us to cocoon ourselves within our familiar frame of thought when it comes to religion and spirituality.
only is this impossible, it is completely irrational. It is certainly not becoming for a group of people claiming to be the voice of reason in a world gone mad.
Despite the fact that de Botton is a remarkably intelligent, world renowned philosopher, he is fully aware that it is impossible for him to know and understand everything – especially that which is so
religious people. Inspired by the likes of Christopher Hitchens and Richard Dawkins, there is a marked ferocity about the neo-atheist ideology, which comes across as illogical and malicious.
Sometimes I think we struggle to interpret or death or the purpose of being. This is not because we are lacking in intelligence, it is because we simply cannot know. I’m ok with that. I see faith as a way for humankind to feel connected to something bigger. The same feeling might be found in music or art. Some people don’t want or need important that we respect and value other people enough to allow them to make their own decisions. In recent times, there has been a shift toward what some people have called “militant atheism”.
The oft-recycled argument that religion is the source of all violence, and evil in general, is merely a manifestation of our society’s tendency to seek simple, black and white explanations for deeply complex political, social and historical situations. Suggesting that religion causes violence and wars is like suggesting bombs and guns kill people. I would argue that it is the people wielding these weapons
Furthermore, neo-atheism as an ideology endorses intolerance and even violence. To be religious, in the view of those who are not, is considered an irrational display of psychological immaturity. I question how passionate advocates of the democratic ideal can embrace a belief system
Religion empowers people to make some sort of sense of what is unknown. No matter what we believe about God or religion, there is no way to be certain. But I would argue that faith is a bold, intentional, personal decision. If faith is what motivates someone to get out of bed in the morning, then I believe it is good. If faith inspires a person to serve or love others, to be kind to fellow humans or to reach out to someone in need, it is positive. If faith calms a person’s fears about what comes after death, if it inspires someone to hold onto life for another day, then I don’t understand how one can oppose it so vehemently? Faith can restore our hope in humanity, provide isolated people with a sense of community and give us a reason for being.
who are responsible for the destruction. In the past it is true that religion has been used as an ideological tool by people wanting to manipulate the masses and wage war for their own reasons. But I think this raises an important question: is religion the cause of violence or is it humankind’s seemingly limitless capacity to act inhumanely toward each other? Amid the turmoil of religious extremist views that have come to dominate mainstream media, everyday people of faith are rising to the challenge of stating and representing their religious beliefs in positive ways. Whether this is through supporting charities, advocating for human rights, caring for the homeless or simply seeking to have hope in humanity, people of faith are making conscious decisions to show love, hope and compassion. In Viktor Frankl’s famous account of his experience living in Auschwitz, Man’s Search for Meaning, he writes that most often, the inmates who survived were those who had found meaning in their lives. This meaning was not necessarily religious, but in many cases it was of a spiritual nature. Some would argue that our personal reason for being is often hidden so deep within us that it is intrinsically spiritual. ground: in our reason for being. Perhaps instead of trying to persuade each other that we’re right about God or religion, we might respectfully enquire about another’s raison d’être. Surely, then, we can avoid all talk of conspiracy.
The Jurist – Issue 1, 2012 33
shanghai WOW? shanghai NOW! stefania scarcella & danielle mcfarlane
venture out to Cloud 9 shopping centre like we did!) Outside of the classroom: Also offered as an optional activity is a day trip. This year we went to Hangzhou and visited West Lake, experienced a pagoda and bartered our way through the markets.
So, have you ever wondered what a lecture would be like outside of North 4? Have you ever considered studying in another country?
Outside of class hours, you are free to roam and experience the Chinese culture, whether it be over dosing on dumplings, marveling at the amazing skyline of the Bund, singing your heart out in a karaoke bar or taking advantage (while still being responsible) of the 120 RMB ($20 AUD) all you can drink night clubs.
Have you ever imagined immersing yourself in a (the) foreign culture that you’re learning about? If you answered yes to any of those three questions, then Flinders University Shanghai Summer School is for you and ‘Introduction to China’s Law and Legal System’ is your ticket there!
If perchance, you run out of things to do, we recommend you download the handy iPhone app – Shanghai WOW! China University of Political Science and Law and the lecturers are eager to assist you in your understanding of the Chinese law. The university is situated in a convenient location, in the Changning District of Shanghai city adjoining the Suzhou River and Zhongshan Park (like a botanic garden), approximately 20 minutes from the city centre.
and no Chinese language skills are required. This subject is a two week intensive overview of the Chinese legal system broken down into various areas of law, including: constitutional, criminal, foreign investment, intellectual property, civil, corporations law and an in depth look into Legal Aid that includes a tour of the Centre conducted by students just like you and I (who are more than happy to introduce you to the Shanghai nightlife). Where is it? The subject is held in Shanghai at the East
34 The Jurist – Issue 1, 2012
Cost Don’t let money hold you back, generous grants and loans are available and the good times you experience outweigh any amount of money. Memories... Most importantly, the memories you create and friends you make will be everlasting. We would like to extend a big thank you to the topic co-ordinater Lay Lee Tang for putting up with us.
Where will I sleep? What will I eat?
What is it?
of the subject and an essay (50%) that lingers for when you return like the smell of the public toilet bathroom bins.
Warning: You will have to survive without access to Facebook whilst in Shanghai and will have to
Accommodation for Flinders students is provided in the international area on campus and all meals are catered for (although with the option of eating out being just a minute away, you may be likely to
family back home. The Great Wall is not the only wall in China. What to pack: When the temperature drops to 0 degrees, thermals are not an option, they are a necessity. As long as you rug up and come prepared with a good coat and anything, H&M is just around the corner. It’s not all fun and games... Oh yeah, we forgot to mention that you actually have to study amongst all the fun. The assessment is in the form of an exam (50%) held on the last day
The Jurist – Issue 1, 2012 35
FLSA Merch!
Recipe •
Shanghai Noodles Can’t attend Shanghai Summer School? Here’s a recipe that will bring Shanghai to you... Ingredients: ➢ 1 cup chicken breast Marinade ingredients: ➢ 2 teaspoons dark soy sauce ➢ 2 teaspoons Chinese rice wine or dry sherry ➢ Pinch of cornstarch ➢ 230 grams Shanghai-style noodles (sold fresh in Asian markets) ➢ 1½ teaspoons sesame oil ➢ 1 cup shredded cabbage ➢ 1 large clove garlic, peeled and minced ➢ 1 shallot ➢ 6 tablespoons oil for stir-frying, or as needed ➢ 1 tablespoon hoisin sauce, mixed with 1½ tablespoons water ➢ Salt and pepper, to taste
: Medium Prep Time: 25 min Cook Time: 7 min Total Time: 32 min By Stefania Scarcella
Join the community!
Buy a t-shirt or hoodie!
Preparation: 1. Cut the chicken into equal, bite-sized cubes. Add the marinade ingredients. Marinate the chicken for 20 minutes. 2. While the chicken is marinating, prepare the remainder of the ingredients. In a large saucepan, cook drain again, and toss with the sesame oil. 3.
Available from
pieces.
4. In a heavy frying pan or a wok, heat 2½ tablespoons oil over medium to high heat. When the oil is hot, add the garlic. Stir-fry until aromatic (about 30 seconds). Add the chicken cubes. Stir-fry until they turn white and are nearly cooked. Remove from wok. 5. Heat 2 tablespoons oil. When the oil is hot, add the cabbage. Stir-fry for 2 minutes. Season with a bit of soy sauce while stir-frying if desired. Remove from the wok. 6. Heat 1½ tablespoons oil in the wok. When the oil is hot, add the noodles. Stir-fry quickly, stirring to coat the noodles in the oil and make sure they don’t stick to the pan. Add the hoisin sauce, again tossing to and stir to heat through. Serves 2-4 as a side dish.
36 The Jurist – Issue 1, 2012
(LWCM 2.51) 11am–2pm daily! Designs subject to change.
Life as a Spruiker
reviews book: the litigators – by john grisham
Damon Delaney
My name is Damon Delaney and for close to a month I was a spruiker. You see, while most law students get themselves jobs in the real world where things like “skills” and “dedication” are rewarded with increased salaries and trophy spouses, I chose an alternative route and opted to spend my evenings selling tickets to the shows in the Garden of Unearthly Delights. Yes, for the duration of the Fringe Festival I was given a megaphone and paid to talk quickly and loudly to convinced see a particular show that evening. And I loved every minute of it. Now to any of you who have visited the Garden of Unearthly Delights you may remember great number of things; the atmosphere, a particular show you had enjoyed or even the awesome corn on a stick at the Corn Star wagon. And for me it was more or less the same (especially the Corn Star wagon – that stuff was fantastic). However, my job gave me some additional great memories: the satisfaction of hearing an artist had sold out their show, the warm reception from members of the public when they had enjoyed a show I recommended and that incredible sense of fun that made my job so enjoyable. Let me share one of my favourite memories. Amanda Monroe was a star who had a show at 11pm nearly every night. Amanda is incredibly intelligent, wonderfully hilarious and has a personality that touches every person that she meets. Amanda Monroe was also born a man. Amanda took to the Fringe to tell her life story in the show ‘Mangina’
38 The Jurist – Issue 1, 2012
– a show that historically did not appeal to most members of the public. It was the job of people like me to help sell tickets to this show and one night we were able to obtain that elusive sell out. In recognition of our hard work, Amanda took to the staff radio channel and sent out a thank you for all those who helped sell out a show many believed never could. That simple recognition of our efforts is perhaps the classiest thing I can recall hearing in my short life. So why did I consider a job that would never be included in any law student’s career guide? Apart from the fact that I found the job to be both challenging and incredibly fun, it is also a job that goes hand in hand with a law degree. Don’t see the connection? Spruiking involves high level communication skills, an ability to persuade and great people skills. Throw in some researching and that sound suspiciously like the range of skills we develop in law school. I wonder if students fully
nearly all future endeavours. But again, this was just an incredibly fun job. At the Garden of Unearthly Delights I was put into a position to help people make money doing what they love. I met European divas and their hermaphroditic sidekicks, a primordial dwarf dressed up as Jesus, a manic American storyteller and many many more.
A little behind the eight ball, I had never read a John Grisham novel. So, I had high expectations when I picked up this book – and I wasn’t disappointed. Grisham has made what could be considered a very dry topic into a page-turner, with some humour thrown in for good measure. Not an easy task, when your subject matter includes in-depth research, documents. The novel centres on the ‘boutique’ Oscar Finley and Wally Figg essentially spend their time chasing ambulances, and waiting for their ‘big break’, while bickering like school children over client fees, ethics, and whether or not advertising on bingo cards is a good idea. They look set to spend another decade scraping through, until David Zinc waltzes through their door, blind drunk. David was, until ten hours earlier, a lawyer at one of morning, he’d had an epiphany and realised that being on the fast (and exhausting) track was killing him – so he walked out and spent the rest of the day at a bar. When a drunken David sees Oscar and Wally in action, he knows where he wants to start his legal career over again. Not long after David arrives, Wally stumbles upon what he believes is the big break they’ve all been looking for. Popular drug ‘Krayoxx’ is suspected of causing heart attacks in its patients, and suing the pharmaceutical company could mean millions for
clients who are willing to sue, and then they can ride the coat tails of the national class action all the way to fame and fortune. But, of course, nothing is ever that simple, and the trio of lawyers are soon in way over their heads. Grisham managed to make this novel suspenseful, predominantly because of the interesting, though not always likeable, characters. Where David is a straight-laced family man, with an idealistic view of life outside of a giant always looking to make money, and is constantly exasperated with Wally’s antics. The storyline was good, but it was somewhat predictable that Wally’s plan wouldn’t go off without a hitch, so I wouldn’t really consider it a legal thriller, as the cover said it would be. That said, I couldn’t put the book down because I really wanted to know whether they’d manage to wriggle out of all their troubles. As a lawyer-to-be, I was particularly interested in this storyline. With no real idea of what being an actual lawyer in a class action is like, I enjoyed reading about life and Australian law isn’t exactly like what we see on American TV, or in American books, but it still makes the profession look exciting and worthwhile. lectures, it’s reassuring to think that our careers may be something like those of the lawyers at Finley & Figg… though hopefully less chaotic. Reviewed by Annabel Krantz.
All while looking great in a lime green jacket.
The Jurist – Issue 1, 2012 39
reviews
reviews
movie: tinker, tailor, soldier, spy
movie/books: the hunger games
What is a spy movie about? Secrets? Intrigue? Guns? Confusion? Seduction? Wiretapping? Paranoia? Plot twists? All of the above? The Bond franchise has trained us to see it as a species of action movie, but Tinker, Tailor, Soldier, Spy indicates that a different approach to the spy movie is possible: one which pays attention to the paranoid, murky, and squalid nature of real world espionage. Tinker, Tailor, Soldier, Spy is an espionage thriller based on the 1974 novel by John le Carré. Loosely based on the case of double agent Kim Philby, the story revolves around the hunt for a Soviet mole at the very highest level of British intelligence. It seems that MI5 agents feel a need le Carré himself worked there, his boss wrote under a pseudonym, and former MI5 Director General Stella Rimington has published a number of novels since her retirement. Perhaps this is because the world of spies is so paranoid, illusory, and involuted that its inhabitants Tomas Alfredson, the Swedish director, has captured this world with enormous sympathy and
Rather than globetrotting bon vivants, at times the spies seem like a strange kind of technician, a perspective which comes through when Smiley recalls saying to a Russian spy ‘We are not so very different, you and I. We’ve both spent our lives looking for the weaknesses in one another’s systems.’ However, the a sense of the personal cost of espionage, portraying the way spies’ professional paranoia spills over into their personal lives, or – in one instance – how a relationship investigation. Alfredson’s ability to avoid melodrama in scenes like these actually serves to increase their affect. This subtlety is mirrored in Gary Oldman’s excellent performance as George Smiley, the lead investigator. He is silent in many scenes, only conveying emotion through slight physical movements and facial expressions – but viewers have the sense that he has a deeply buried emotional life, as well as a real capacity for coldness and cruelty, which occasionally comes through in his interactions with the spies under suspicion. The ending is beautifully restrained – instead
precision. The cinematography is subtle, creating a subdued sense of menace without letting it as well as perfectly evoking the atmosphere of Cold War Britain: cold, grey, and a bit run down. Long lenses are used for many shots, giving them an underlying sense of paranoia. The soundtrack is also excellent.
40 The Jurist – Issue 1, 2012
elides it completely. While this is an interesting move artistically, as it forces the audience to see that spying has nothing to do with violence and everything to do with planning and strategy, it does make the narrative a bit obtuse, with the result that I (and many other people) struggled to follow it on Tinker, Tailor’s value as both a window on Cold War Britain and an honest exploration of the dirty reality of espionage. Watch it. Reviewed by Simon Collinson.
“Winning means fame and fortune. Losing means certain death. The Hunger Games have begun…” There’s no denying that Suzanne Collins’ depiction of kids killing each other for sport has sparked both controversy and obsession into the hearts of children and adults alike across the world. I’ll admit, I fall into the ‘obsessed’ category. Having read all of the books last weekend in preparation for the movie release (which, by the way, smashed all of now understand what all the fuss is about. For those who aren’t in the know, “The Hunger Games” is set in a post-apocalyptic America, where the Capitol strikes fear into the outer districts through its annual televised reality show, where each district sends two tributes to battle to the death. The teen still standing at the end of the games will be showered with rewards and become the hero of their district. However, when Katniss Everdeen volunteers as tribute to save her sister, the Capitol gets a shock. Through her actions before and during the games, Katniss becomes a symbol of hope to the poor people in the outer districts, planting the seed of rebellion amongst the masses. The trilogy that I repeatedly overlooked in bookstores because, yes, I do judge books by their covers and blurbs, are addictive. They aren’t just the story of violent pubescent mass murder, they’re about hope, justice, family, and freedom. Emotional in a way that former phenomena (*cough* “Twilight”) aren’t, “The Hunger Games” has something for everyone. Bloody battles for the boys, romance for
the girls – or vice versa if you want to break away from stereotypes, like heroine Katniss Everdeen. There’s even some crazy couture fashion, advanced technology, and sneaky governmental conspiracy thrown in for good measure. Even harder than writing a trilogy that can capture the imaginations and win the hearts of
generations of readers is turning those books an amazing setting, and a script fairly true to the novels, “The Hunger Games” has become a multibillion dollar success almost overnight. I would suggest reading the books before seeing the movie,1 for the sake of the extra background knowledge you’ll have, but it’s not necessary. Everyone who loves the story of the underdog beating the all powerful and mighty will get something out of this movie. I’m addicted to the point where I’m slightly depressed that there are no more books coming out (something that “Harry Potter had going in its favour…”). “May the odds be ever in your favour” Reviewed by Annabel Krantz. 1 But be careful when purchasing from the Book Depository, as the blurbs give away the crucial plot points… frustrating!
The Jurist – Issue 1, 2012 41
Puzzle 2 (Medium, difficulty rating 0.55)
Puzzle 3 (Easy, difficulty rating 0.34)
james bond crossword Across 6. Only singer of a title song to appear as a character
1953 by this writer: (10)
rights for all of the Bond movies, except one? (3) 17. “Never Say Never Again” was a remake of which Bond movie? (11)
Down 1. First actor to play James Bond on the silver screen
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Generated by http://www.opensky.ca/~jdhildeb/software/sudokugen/ on Sun Mar 25 04:31:45 2012 GMT. Enjoy!
Sudoku Puzzle 1 (Hard, difficulty rating 0.73)
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name): (8) 9. First publisher of the James Bond novel series (last name): (4) 12. The James Bond theme music was written by (last name): (6) 14. Who played Bond in the 1954 TV episode of “Casino Royale” (last name): (6)
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42 The Jurist – Issue 1, 2012 Generated by http://www.opensky.ca/~jdhildeb/software/sudokugen/ on Sun Mar 25 04:31:45 2012 GMT. Enjoy!
Generated by http://www.opensky.ca/~jdhildeb/software/sudokugen/ on Sun Mar 25 04:39:47 2012 GMT. Enjoy!
hall of fame cole turner/belthazor It can be said that no moment is more awkward than when the lawyer you’re sleeping with actually turns out to be a demon. I hope that none of you readers can empathise with this situation because as far as I’m aware there is only one person who can - Phoebe Halliwell. The love affair between Cole Turner (lawyer) and Phoebe Halliwell (witch) is a perfect example of the conspiracy that all men being considered out of this world is actually true. But with today’s current lack of decent men, perhaps a girl would risk dating the demon, just to have the man for even a short amount of time. Demonic Factoids: Name: Cole Turner (Human alter ego to the now vanquished demon Belthazor) Parents: Benjamin Turner (mortal) and Elizabeth Turner (demon). Weapon of choice: Athame A lawyer with ‘Active Powers’: ➢ Sparkling: A form of teleportation. When teleporting, the being is surrounded by tiny lights or sparks (for all you Charmed fans, it looks similar to orbing). ➢ Sensing: The magical ability to locate a person that is alive, anywhere in the world (this brings ‘stalking’ to a whole new level). ➢ Mediumship: The ability to see and communicate with ghosts. However, Cole used it to communicate with beings on other planes. ➢ Invisibility: Does this even need an explanation? ➢ Telekinesis: The ability to move material objects with one’s mind. ➢ Suggestion: The ability to plant subliminal thoughts into the mind of another, bending them to your will, effectively (uh oh…) ➢ Intangibility: The ability to alter one’s molecular structure to a state that can pass through physical matter. Cole was set up as an assistant district attorney in San Francisco by the Triad in order to get close to and starts protecting them from other demons so that his assignment can continue. Eventually, his human half falls deeply in love with Phoebe. His growing love for her soon overwhelms his demonic nature; demons can’t handle human emotions (aww!). Even after an attempted murder by the Triad, and a demonic Bounty Hunter attack, Cole’s love for Phoebe prevails and he can no longer go through with killing the Halliwell sisters. Cole, with the verbal skills of a talented lawyer, confesses all to Phoebe - but not before he proclaims his love for her. He tells her that being with her reawakened his human half; over the years he’d forgotten what it meant to be human. He transforms into his human form for good; leaving behind the Triad. While the future is not always smooth for Cole and Phoebe (such as Phoebe turning evil, having a demon baby, and ruling the underworld), it is widely accepted that their relationship is one of the most magical television love stories. Famous quote: “I was dead before I met you, I was born the day you loved me, and my love for you will keep me alive, forever.” By Stefania Scarcella
44 The Jurist – Issue 1, 2012