The Jurist 2012 Issue 2

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contents regulars

.

Editorial Letters to the Editor Dean’s Message Meet the Committee Portfolio Updates

2 3 4 6 10

features

.

Social Justice Internship Heroes and Villains When Proven Guilty is Proven Incorrect Walking the Thin Line of Morality Moving Forward...?

INSPIRE Mentoring PETA Small Change for Change Live Below the Line Marvel vs DC VOX POP

19 20 22 25 26 28 30 31 32 36 38

reviews

. .

40 41 42 43

Damon Delaney Simon Collinson Jason Guthridge Stefania Scarcella

. .

44 45 46 47 48

Stefania Scarcella

‘Avengers’ - Marvel ‘The Trial’ - Frank Kafka ‘The Color of Law’ - Mark Gimenez ‘To Kill a Mockingbird’ - Harper Lee

distractions Dot to Dot Drink like a Superhero Crossword Sudoku Hall of Fame - Tom Hagen

David Bamford

Laura Dowling Rhain Buth Annabel Krantz Veronica Milne Claudette Yazbek Stefania Scarcella Damon Delaney Sharon Reid Danni Musolino Damon Delaney

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: Annabel Krantz, Stefania Scarcella, Veronica Milne, Claudette Yazbek. Sponsorship: Kylee Moretti. Printing

editorial dear students, For me, the recent big news is that the Wiggles as we know and love them are over. However, I had to put the mourning on hold, because I just started my placement. Apparently, placement is synonymous doesn’t leave room for being depressed that everything great about Bands, Gameboy Colour...).

Speaking of Captain Planet, I’m pretty sure he and the planeteers were the original eco-heroes. The world sure could learn a thing or two from him! Actually, most superheroes seem to teach people a valuable lesson; Iron Man learned to conquer his greed, the Green Lantern harnessed his fears, and Spiderman reminds us all to stay away from radioactive insects. However, you don’t need a cape and a skin tight suit. Heroism can come from doing your Danni on page 32, or Sharon on page 31), standing up for what or Obama on page 26), or having the courage to defend a morally page 25).

That said, not everybody gets it right. Some people are just more donning our capes - hmm, remind you of law robes perhaps? - and wearing our undies on the outside of our jeans, hopefully we can overpower the evil in the world.

live long and prosper, your editors Want to write for The Jurist? We’d love to hear from you! Email us at .

2 The Jurist – Issue 2, 2012

letters Dear Editor,

To the Editor –

I am writing to pay homage to my hero David Clark.

He is a smiling delight in enormous glasses. His non-stop walking back and forth for the duration of a two hour lecture is utterly mesmerising. It’s like dancing: he struts to one side of the room, pivots on

Today I had to walk all the way down to the library, just to return a borrowed book. Has the law school ever considered installing a library returns chute at the SSA? It might save students and staff some effort.

arms wildly, before strutting back to the other side of the room. The David Clark strut is like Michael Jackson’s moonwalk, but hilariously better.

Yours sincerely, Footsore

If only he’d learn how to use Powerpoint.

Yours Enthusiastically,

Dear Editor,

Michael Kirby

Dear Editor, As a cost cutting convenience store clerk, my heroes

I am angry! I am putting a dedicated study session on a saturday and my tummy starts grumbling, A lightbulb goes off in my head as I remember the OneByte Cafe downstairs. Swallowing my fear of drinking the coffee at this university, I go to the trouble of packing up my MacBook, and law-

which double as lunch and as baking souvenirs dating back to the mid-1950s. Making sandwiches

across the cafe window. Bars that crushed my hopes and dreams. The Cafe was closed at 3pm.

What about all the poor students who need caffeine to make it through the day? The vending machines

to mention closing whenever they feel like and

your fault.

how bad a business can be when it has a captive consumer base of idiot law students who buy coffee just to be seen.

Lost and starving, Dani

I can learn so much from you, Dr. Apu Nahasapeemapetilon Have something to say? Email us at publications@

The Jurist – Issue 2, 2012 3

dean’s message and a seemingly diminished sense of self-interest are emphasised. In times of economic prosperity it is the opposite as we laud as heroic the entrepreneurship and success stories of the Bill Gates, Steve Jobs and this week Mark Zuckerberg. Similarly villains are those who are acting in ways that appear to be contrary or diminish the public messages/values that our society’s opinion makers and leaders seek to engender.

But usually we can only identify the heroes and villains after the event – while events are playing out it is heroes and who are the villains? Well I have some idea of who I think the villains might be, but I am not sure who the heroes are yet. The anti-austerity campaigners? The central bankers? Angela Merkel? on, especially after they are dead, more complete pictures of our heroes make them more human. President Kennedy, a hero for many in the 1960s and 70s, is now known to have been less than perfect. That should not detract from the qualities that made him a hero in the eyes of many but it should remind us not to rush into constructing heroes. aspects. Sometimes we know less about them, as often the behaviour that led to their being villains is so overwhelming that there is no great interest in redeeming their character. But over time some villains also get upgraded – Captain Bligh of Mutiny of the Bounty now gets better press. And heroes can get downgraded Heroes are created by public recognition. There are often many equivalent acts by countless others that do not gain that recognition. But even when where their conduct is unique and outstanding, it is important not to lose sight of the fact that it is the achievements of the many that are just as important to the overall outcome.

As Helen Keller put it “The world is moved along, not only by the mighty shoves of its heroes, but also by the aggregate of tiny pushes of each honest worker.”

And while on sayings of famous people, I gain some reassurance from Will Rogers who said: “We can’t all be heroes, because somebody has to sit on the curb and applaud when they go by. “ That means there is plenty of space for me!

david bamford dean

4 The Jurist – Issue 2, 2012

FLSA Merch!

Join the community!

Buy a t-shirt or hoodie!

Available from the FLSA office (LWCM 2.51)

Hoodies available in navy or grey

11am–2pm daily!

$45 for premium members $50 for members

m e e t

y o u r

president

alyssa sallis secretary

degree:

degree:

4th year Law & Arts student

Law & Arts student, majoring in French

about me: Bridget holidays in Canberra.

can be found...

Socialising or sleeping in the courtyard, often without any shoes on.

email me at:

damon delaney social justice degree: 5th year Law/Legal Practice & Justice and Society student

about me: Alyssa loves to travel. She recently visited Southern Africa, where she went skydiving in the Nambian desert and cage diving with Great White Sharks near Cape Town.

about me:

can be found...

enough, it is also his plan for when he is kidnapped.

Damon has a meticulously detailed plan for when the world ends: it involves a lot of sobbing/ screaming and running around

when not in the check-in line at the Adelaide Airport.

can be found...

email me at:

Campaigning for equality, often with a placard in hand.

email me at:

6 The Jurist – Issue 2, 2012

c o m m i t t e e

jess kamleh activities director

bimaya de silva rachel wang activities activities coordinator coordinator

degree:

degree:

3rd year Law/Legal Practice & Business student

about me:

4th year Law & Arts degree

about me:

about me:

Bimaya likes eating peanut butter with her Oreos!

Rachel enjoys learning to cook non-Asian foods, and watching ‘30 Rock’ because she has a girl-crush on Tina Fey. She likes guys in suits, and dislikes how

Jess has a slight obsession with old daytime TV shows. Current favourites: ‘Diagnosis Murder’ and can be found...

‘JAG’. All time favourite: ‘Magnum P.I’, mostly because Tom Selleck is Gossiping in the law courtyard, while sipping Chai lattes! a babe.

can be found...

Partying hard and having way more fun than a law student should!

email me at:

degree:

email me at:

can be found...

Sleeping in lecture theatres. Do not disturb!

email me at:

m e e t

y o u r

david mason jordan tutton vice-president competitions coordinator degree:

4th year Law & Business

degree:

george lukic degree: 5th year Law & Arts student

2nd year Law & Arts student

about me: If you’re talking to David and you’re unsure whether he’s being sarcastic... presume he’s being sarcastic.

can be found... that cool.

email me at:

about me: about me: Jordan has a certain distrust for biographies since his Year 3 teacher took his reluctance to cite a ‘hero’ as him naming Bart

As a little kid, George always used to be obesessed with the idea of feeding ducks, but never got the chance to.

Then, one day, he went to a park that had a little pond with ducks in it, on a

how it happened, but his parents were deeply ashamed nonetheless. the ducks that he lent in too far, and fell into the pond. Since then, he has not been obsessed with the idea of can be found... feeding ducks.

With Jordan Gifford-Moore...

email me at:

can be found...

Avoiding the Flinders Lake ducks.

email me at: 8 The Jurist – Issue 2, 2012

c o m m i t t e e

annabel krantz stefania scarcella kylee moretti sponsorship publications publications director editor-in-chief editor degree:

degree:

degree:

5th year Law/Legal Practice &

5th year Law/Legal Practice & International Studies student

5th year Law/Legal Practice & student

student

about me:

Stefania is just your average twenty- about me: two year old, with the power to save Kylee enjoys the simple pleasures such as shoes, bags and - of things shiny and whimsical, but the world. course - anything pink! But don’t is a hard-core drill sergeant when think she’s not serious about it comes to getting Jurist articles can be found... what she does, Kylee is a selfsubmitted on time.

In the kitchen at parties. proclaimed nerd and geek.

about me:

can be found...

Chatting and caffeinating while freezing her tush off in the law courtyard.

email me at:

email me at:

can be found...

Bumping into inanimate objects, and tripping over her own shadow.

email me at: The Jurist – Issue 2, 2012 9

portfolio update competitions As the end of semester one rapidly approaches, coming to an end. The quality of competition in 2012 has not disappointed; judges continually comment on the high standards set by our students.

The Competitions Team would like to congratulate all competitors on their outstanding efforts.

kelly & co. lawyers open moot FLSA and the competitors were fortunate enough to have the Honourable Chief Justice John Doyle Kelly of the Supreme Court of South Australia on the Judging Panel for the Semi Finals, held at the Flinders University Victoria Square Campus. To of the Judiciary on the panel was an honour as their contribution brings a sense of reality to the competition and provides invaluable feedback to the competitors. FLSA would like to thank both Chief Justice Doyle and Justice Kelly; their willingness to assist with our competitions is greatly appreciated.

Congratulations to Katrina Hartman, Michael Swanson, Jordan Tutton and Jordan Gifford-Moore for making it through to the Grand Final, set to be held in week 11.

colthorpe lawyers witness examination to be held at the beginning of week nine, the competition is drawing to an end. The Preliminary Finals have been held in the moot court over the past two weeks, judged by our Sponsors from Colthorpe Lawyers. The Semi Finals are to be held at the Victoria Square Campus in front of a judging panel led by Judge Tilmouth of the District Court.

10 The Jurist – Issue 2, 2012

Congratulations and best of luck to the Semi Final Competitors; Katrina Hartman, Jordan GiffordMoore, Peter Healey and Michael Swanson.

cowell clarke client interview The Client Interview Competition is also at the Semi competition has been especially tight this year, with fantastic performances demonstrated by all. The Semi Final teams will consist of; Liz Schembri and Mark Williams, Peter Healey and Peter Russell, Tom Gerrits and Andrew Becker and Katrina Hartman and Kylee Moretti; congratulations to you all.

thank you... to all the members of the Judiciary for their time spent judging, the Flinders Law School sponsors, members of faculty and students who have written questions, judged and volunteered as clients and witnesses. Without your contributions competitions would not be possible. A reminder that competitions will continue in semester two with the Kelly & Co. Lawyers First Year Moot, the Lipman Karas Negotiation, the International Humanitarian Law Moot, the Constitutional Law Moot. Again, congratulations to all our competitors for all of your fantastic efforts and the Competitions Team would like to wish everyone the best of luck in an For more info or any feedback on competitions

bianca geppa (competitions director) & the competitions team

portfolio update careers & education with the Careers Guide and Fair, the Careers and Education Team has been working more behind the scenes to represent students.

undergraduate course review With the recent Undergraduate Course Review, the Education Team pulled together a submission on behalf of the Association. The submission touched on issues including the focus of the degree, the new degree structure, the new honours program, assessment methods and student support. The

an incredibly valuable opportunity for FLSA. Our President and Vice President attended Council to bring back a 15-page report and a list of suggestions as to what we can do to make FLSA better! Other than that, with the ALSA Conference on the horizon, we’ve been focusing on spreading the word about the conference and answering people’s questions on what ALSA does. Registrations for General Delegates for the Conference re-opened a few weeks ago and will stay open until the end of this month. This year offering weekend and Alumni passes for the last

from the review shortly and we’re looking forward to see what came out of the review. If you’re interested in getting a copy of FLSA’s submission send us an

for a reduced cost. Registration for these passes will also be closing at the end of May. If you’re interested in going to Conference or have any questions about

upcoming...

new member!

a few initiatives we’re hoping to get going, including

Of course, in the second half of this semester we welcomed our new First Year Representative, Annika Beaty! If you want to get in touch with Annika on

of the semester and preparing a submission to target the release of percentage grades on transcripts. If there’s anything else you think we should be doing on our side of the fence, please shoot us an email can do.

david mason (vice president) & the careers and education team

ALSA conference ALSA has been a big focus for the Careers & Education Team, with the ALSA April Council held in Sydney just a few weeks ago. The Council offers law students’ societies from across the country an opportunity to come together and share knowledge and ideas. It is

The Jurist – Issue 2, 2012 11

portfolio update activities FLSA recently held the Semester 1 Pub Crawl: ‘We don’t want just-ice tonight!’ We painted the town green… not only were our T-Shirts green, but some students were fashioning killer dance moves that would make anyone watching envious! As a part of FLSA’s efforts to promote the 2012 ALSA Conference, our Pub Crawl was coupled with a dance-off competition, with the wearer of the ALSA T-Shirt receiving a $20 drinks card for venues as they stepped in the door. Needless to say, with free drinks on the line, things got heated… even our Hungry Jacks stop-off turned into a dance battleground!

The night was young when we began arrived at PJ O’Brien’s, and as the night progressed a green wave of students loudly made their way through The Elephant, Hungry Jacks, Mansions, Swish… and then before we knew it, the night was not so young, and a now stumbling green wave of students made their way to the London Tavern. The Pub remember) I strongly suggest you view the videos on FLSA’s Facebook page - that is enough entertainment in itself!

what’s next?

From T-Shirts and jeans, to suits and dresses; the Activities Team have turned their attention to organising our annual law ball, to be held on June 9th. This year’s theme, ‘Through the Looking Glass’, is inspired by Lewis Caroll’s ‘Alice in Wonderland’, and will be held at the gorgeous National Wine Centre.

Tickets are on sale NOW, and can be purchased either online or from the courtyard. Tickets are $70 and include a 4-hour drinks package and food.

12 The Jurist – Issue 2, 2012

need to treat yourself to an enjoyable night out to keep to you feeling sane, so we will see you there!

jess kamleh (activities director) & the activities team

The Jurist – Issue 2, 2012 13

update

conference

Keen to come to ALSA but worried that the cost of general delegate registration will break the bank?

The FLSA committee feels your pain. So, we have come up with a way to help you.

ready, set, go!

As part of the FLSA Equity program, four students will delegate registration. Students will be required to pay a further $100 deposit before registration is which includes accommodation, and tickets to most Night, and the Pub Crawl), all Australian Legal Education Forums, and the Careers Fair. It does not food or other personal costs.

Students would be required to enter an agreement with FLSA that would obligate them to repay the funded amount in installments of $250 each, payable in August, September and October. It should be noted that failure to pay the initial $100 deposit will terminate the agreement.

Interested students will have to go through an application process, and interview. This process will include questions about why you want to attend the ALSA conference, why you need funding, and how you plan to repay the money.

This new initiative aims to allow more students to to offer, and to connect with other law students from accross Australia. Furthermore, having more General Delegates will strengthen the Flinders presence at the conference, and allow our The selection process has closed for this year, but keep it in mind for the ALSA Conference in 2013!

FLSA looks forward to seeing you there!

For more information about ALSA visit their website at , and for more details on the conference to go au.

Disappointed that you are lacking the sporting prowess to make the Australian team at the London Olympics? Never fear! The perfect opportunity to 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 . Follow us on Facebook @ ALSAConference) to stay on top of all the latest developments.

see you in melbourne!

The Jurist – Issue 1, 2012 15

portfolio update On the 16th of May I attended a Flinders One seminar on behalf of FLSA regarding Flinders legislated Student Amenities Fee.

current prices at Flinders One Fitness – including backdated refunds for all students who have had paid memberships on or after the 1st January).

As you are all aware Flinders University elected to implement the Student Amenities Fee reintroduced by the Federal Government last year. Each student is now required to pay a fee in proportion to their study

The new Student Association will be endowed

fee of $263 per year with the money collected on a per semester basis). Thanks to this new fee, Flinders

advocacy, awareness campaigns and other ‘union style’ activities.

currently controls all on-campus activities, funding etc.)

The review committee have since recommended that Flinders One be broken into two separate

University Council in June for approval. Of this,

$60,000 has been assigned for grants to nonsporting clubs and associations. This represents a dramatic increase from the $10,000 the current Flinders One had been spending, of which FLSA was successful in obtaining $600 in this year’s round of funding. On a pure percentage basis, FLSA could $3,600.

One, will have control over food services, retail,

$100,000 will be used to establish a Student Body

Flinders One Fitness, and Uni Games etc.). A new entity will be created entirely by the student body

Radio Station, Television Network, and/or University Newspaper.

will take control over student advocacy, and funding for nonsporting clubs and associations.

up by administrative costs. Flinders is keeping

The new Flinders One will receive in the vicinity of $650,000. Of this, $450,000 is being used to fund a 10% discount on all food and retail services for current students, which will come into effect in the coming weeks. A portion of this funding will also be spent on upgrading furniture, and further renovations to common areas. $100,000 has been

been earmarked for Sporting Club funding and

16 The Jurist – Issue 2, 2012

Health and Counselling, Student Learning Centre etc.)

kris wilson (treasurer)

portfolio update SALSC Over the past few months, the South Australian Law Students’ Council has been working hard to co-ordinate a number of tri-uni events. With the success of the Hike for Happy Lawyers, the focus of SALSC now turns to the looming Tri-varsity with each University keen to prove they are the best in South Australia.

hike for happy lawyers In recognition of the importance of the awareness of mental health issues amongst lawyers, SALSC organised the Hike for Happy Lawyers, which was held on 29th April. The Hike combined the essential ingredients for a happy lawyer: friends, fun and Jepson Memorial Foundation.

Many thanks go to the students of Flinders University and the University of South Australia for their attendance. For those brave souls who tackled the steep climb to the peak of Mount Lofty, the views and full breakfast available at the top were very rewarding. Most importantly, the event cemented the strong ties between the Universities.

To read more about the Hike for Happy Lawyers see A few thousand unstable steps, by Damon Delaney ) page 18).

tri-varsity competitions Upcoming on the SALSC events calendar is the Trivarsity competition, which will pit the top competitors from each university against each other.

scheduled for Monday 28th and Tuesday 29th May. Each of the competitions are judged by eminent members of the Bar and Judiciary and Academics from each University, and continue to foster and maintain a collaborative and competitive intervarsity spirit between our universities.

The winning University will have their name engraved upon the winners shield but more 12 months. competitors, students and staff to attend the Trivarsity competitions. If you are interested in for more details and to RSVP. Please make sure you get in early as places are limited!

law dinner A landmark heritage building, the Adelaide Town Hall is steeped in history yet graced with every elegant interiors provide the perfect backdrop for corporate or private functions and this year’s Law Dinner!

You will enjoy a 3 course meal, a keynote speech from Senator Nick Xenophon, and the best music and entertainment. There will also be a four hours drinks package. So keep the 20th October free, as tickets will be going on sale shortly!

katrina hartman (SALSC representative)

This year the Flinders University, the University of Adelaide and the University of South Australia will be going head-to-head in mooting, witness

The Jurist – Issue 2, 2012 17

portfolio update social justice

In almost no time, our valiant leader felt the crushing weight of this task; as her body and spirit broke down before our eyes she was left with no recourse but to descend back down the mountain.

Though we were one fewer, we refused to give in to the doubts and weariness that were already plaguing our minds and bodies.

a few thousand unstable steps...

Raising funds for the Tristan Jepson Memorial Foundation, a small band of Flinders University volunteers braved the treacherous track that climbs the leviathan known as Mount Lofty. Damon Delaney shares this tale with the Jurist.

As the sun climbed steadily above the horizon, the brave few who dared to climb the insurmountable mount known as “Lofty” gathered around at the base camp at “Waterfall Gully” in preparation for the journey.

Step after step, kilometre by kilometre we climbed.

Time seemed immaterial as we forgot that which we left behind. Though each step was less steady than the last, we climbed ever upwards. Through freezing temperature, muscles that screamed in agony,

of “Lofty”. Though she did her best to break us, gave us a trek that was almost impossible to fathom, we

humanity – but we made it. And for that, I am eternally thankful. very important fundraiser for a cause that is dear to

Every member of the FLSA delegation tackling “Lofty” that day knew what lay in store for them; a physical and mental challenge unlike any other.

We knew that this was a hike that only those of the sternest spirit would ever dare partake in; this hike the nature of this undertaking). With baited breath and an almost unnerving calm, we began our climb.

18 The Jurist – Issue 2, 2012

unfortunately very common amongst law students and lawyers alike, and it is organisations like the Tristan Jepson Memorial Foundation that are so important in helping change things. FLSA is proud that they contributed to this event.)

social justice internship laura dowling The Social Justice Internship was, without a doubt, one of the most useful and valuable subjects I have undertaken during my time at Law School. Not only is the internship a fun and more interactive way to knock off another 4.5 units, but it will teach you invaluable lessons about the reality of legal practice – something that you just can’t learn using “mock” clients and hired drama-school clients. Not to mention that it looks pretty good on a resume!

There are a number of ways to go about doing the internship; students have the choice of various clinics and locations in which to base their Internship. I chose to be placed at the Adelaide Magistrates Court,

and other non-litigious documents. As you are constantly under the supervision of a supervisor, you are guided through how to deal with the various legal issues and taught the skills in which to research and solve a number of legal problems. Rather than just telling you the answer, the supervisors help you to develop the practical problem solving skills that The internship teaches students how to act professionally, how to deal with ethical issues and how to appreciate the importance in providing access to justice to the community. I really felt the I took to undertake placement; I was simply more

there. But if this doesn’t sound like your cup of tea, various legal issues. I also had an advantage when internship through other organisations which cater that many other students didn’t.

Association or the Young Worker’s Legal Service).

Also, not only is the subject offered throughout each semester, but it’s also offered during the uni breaks.

I can’t reiterate enough how useful I found this subject to be – especially for students who haven’t

The Social Justice Internship at the Adelaide run by students from both Flinders University and Adelaide University. It allows students to work in a legal advice clinic open to the public, where students can assist clients with civil, small claim matters.

The Holden Hill service operates in the same way, whereas the Christies Beach clinic is run only by Flinders Students. The service is set up like a law

recommend this subject to each and every law student out there!

operate in pairs to deal with and correspond with watches and assists).

The Internship allows students to become comfortable and familiar with the Courts and gives corresponding with clients. Students will also have

The Jurist – Issue 2, 2012 19

heroes & villains rhain buth of which I am equally sure, I am perfectly ordinary and, if a weighing of my character and conduct were to occur, I would be far closer to a villain than I would like. Yet I have agreed to write something for FLSA, which I believe deserves my support and commitment.

While the concepts themselves cast very long and dark shadows or effervescent, illuminating penumbras, depending on which is at issue, I do personal matter than the abstract white and black.

Yet in my professional life, criminal defence, my lot is cast with those in black. I defend those who many believe are guilty and am seen at some level to represent villains in their matters before the court. Through these eyes, I advance the agendas for innately bad people.

rhain buth teaches issues in criminal law, corporate crime and dispute management. he has a penchance images, stretches back to his university graduation days. aside from being generally awesome, rhain is a regular contributor to the jurist, which the editors are truly greatful for! he writes here about his past as a criminal defence lawyer...

I have a profound lack of understanding about a great many things. Heroes and villains are among them. I think it would be a good theme for a dress up party, but have serious doubts concerning any trenchant, serious comment I could make on the mother are heroes to me and to each I owe debts of gratitude that I will never be able to repay. Second,

20 The Jurist – Issue 2, 2012

For this, I have been roughed up, hit, tripped and refused service for the basic necessities, like coffee.

The death threats have been infrequent, from without. I recall parents pulling their children away, telling them that I was ‘one of the bad ones’. The words from a virtuous man of the cloth proclaimed to his congregation of over a thousand that I was evil; this I learned from a family member. With these things, I have been insulted beyond compare, crowded rooms. And some of those I once called close friends found defending the guilty too odious, preferring to deal with me at arm’s length. So it goes. Oh, and I was shot at close range. All for being the lawyer to someone who was believed to be too cosy with malfeasance, representing them as best my abilities serve.

In the main, I understand. I truly and honestly rather philosophical about such refracted hate.

Distinctions between serving villains and being a villain are not displaced by phrases like innocent until proven guilty or by service in a professional role.

Good news, coffee addicts! A recent study has shown that coffee is the nectar of the immortals... or at the very least, that it might help to keep us alive a little don’t drink it.

philosopher, Immanuel Kant, who advanced ideas about an absolute, non-negotiable, universal law about what was right. And I like that. I like the

study 402, 206 people between the ages of 50 and 71,

its sumptuous chicanery and silvered-tongued

to drinking coffee. Taking into account the smokers,

have represented, those who are denounced as well as who trumpet themselves as villains, accused of

habits of the participants, a clear pattern began to emerge. Coffee drinkers appeared to be living, on average, a little longer.

with redeeming qualities, similar to everyone else I have ever encountered, who upon inspection of their

One cup a day nudged up the chances of living to me by my mentor in criminal practice. It was to refer to the client as ‘our hero’ both mentally circumstances to be referred to as the accused). It struck me as curious but my mentor emphasized that the quality of my advocacy would be diluted if I thought of them as anything less. He emphasised this by instructing me to imagine myself standing before a judge and jury, the courtroom hushed in eager anticipation to hear me speak. The silence of the moment would be heavy, the slightest shift echo through the courtroom. Before I would speak, I should imagine looking over to my client. The thrill of the moment approaches, where every word would be weighted with consequences, where criminal

5% lower risk in women), but for women who drank 16%! Who knows how those women weren’t buzzing right out of their skins!? However they did it, kudos to them.

Now, don’t all rush to the coffee cart and put in a standing order for a half dozen cappuccinos; coffee isn’t the new philosopher’s stone. The study hasn’t proven that coffee = long life; just that the two seem of a guilty pleasure!

law and rhetoric. And he suggested that I should speak with heroes, not villains, in mind.

The Jurist – Issue 2, 2012 21

when ‘proven guilty’ is proven incorrect annabel krantz As law students, we spend most of our time studying the various ways to defend or prosecute a client, with the basic aim of sending the bad guys to prison/ keeping the good guys out of prison. After the judge hands down a decision, that’s the end of the story, as far as we are concerned. We have faith that the system will result in a just outcome. However, what happens when there’s been a mistake along the way, and an innocent man has been given a life sentence?

years in jail before they were released. Furthermore, the police were able to arrest the actual perpetrator. funding from individuals, foundations, law schools,

could prove innocence in that case. More than 3,000 people every year write to the Innocence Project

‘in matters of truth and justice, there is problems, for issues concerning the treatment of people are all the same.’

- albert einstein Television paints a very rosy picture of the criminal justice system. It implies that DNA testing is the standard, and reinforces our idea that the person sentenced as guilty is always the perpetrator.

However, DNA testing is actually only used in 5%10% of all American cases, and in 25% of cases where it is used, the primary suspect is subsequently At any one time, studies estimate that there are upwards of 45,000 wrongfully imprisoned persons in America alone.

The ‘Innocence Project’ seeks to free these innocent people, and give them their lives back.

Founded in America in 1992 by Barry Scheck and Peter Neufeld, the Innocence Project is a national litigation and public policy organization dedicated through DNA testing and to reforming the Criminal Justice system to prevent further injustices. To date, on death row. These people spent an average of 13

6000-8000 cases, and actively working on about 300 complete). If they do have evidence, DNA samples can be degraded, lost, or destroyed, and Prosecutorial mammoth task that they’re undertaking, especially obstacles, the Innocence Project has had great success, with 43% of the cases they’ve taken on Generally, wrongful imprisonment occurs because invalidated/improper forensics, false confessions, informants, bad lawyering, or government misconduct. The Innocence Project works to address who have already been taken advantage of by the system. Furthermore, they support a moratorium on the death penalty while the causes of wrongful prevent any innocent men losing their lives, and seek the passage of fair compensation laws in every state; only 27 US states have them in some form at the moment.

When an innocent man is freed from jail, they have no real cause for a civil rights claim, but are able to receive compensation under some state However, no amount of money can make up for losing many years in jail, and often when people come out they have lost their friends and families, their savings have been spent on legal fees, and their convictions remain on their record for long

readjusting to this life. Computers, phones, cars, everything – it was overwhelming for me when I got out.”

work that the Innocence Project does; John Grisham wrote ‘The Innocent Man’, a true story about Dennis Fritz, accused murderer of Deborah Ann Carter, and Hilary Swank starred in the movie ‘Conviction’, which portrayed the true story of Betty Ann Waters from wrongful imprisonment. Australia has now picked up the Project, and is continuing the good work here, primarily in New South Wales and the Gold Coast, and the Innocence Network is spreading across the globe. However, awareness is still not high – amazingly, I have never heard about the ‘Innocence Project’ in law school, but rather was taught about it while learning about eyewitness

process and hopefully more resources will soon be It seems to me one of the most galling injustices a person can face in a supposedly free world. If the the reality of the criminal justice system, with books and movies being created that are based on the

out more about some of the people the Innocence

The Jurist – Issue 2, 2012 23

the exonerated verneal jimerson and dennis williams were sentenced to death in the infamous

Ford Heights Four case in Illinois, for a pair of 1978 murders that they didn’t commit. Jimerson was cleared in 1995 after ten years on death row. Williams served 17 years on death row and was freed in 1996.

frank lee smith died of cancer on Florida’s death row for a murder he didn’t commit. He was cleared eleven months after death.

nicholas yarris served 21 years on Pennsylvania’s death row for the murder of Linda May

Craig before SNA proved him innocent. He was released in 2003, and sued his prosecutors for withholding crucial evidence. Yarris contracted life-threatening Hepatitis C in prison, but remains positive, saying; “What’s the point of coming back from hell if you go home and bring hell to everyone’s life? There’s no point in getting out if I take that prison cell with me.”

james bain was sentenced at 19 for kidnapping, burglary, and rape. His request for appeal him the longest incarcerated victim of wrongful conviction to be freed through DNA evidence.

Finally free, he looks forward to eating fried turkey and drinking Dr. Pepper, and he hopes to go back to school.

In June 2010, barry gibbs was awarded the largest civil right settlement by the City of New Virginia Robertson. “The settlement I’m happy with; it was my bottom-line settlement… there are permanent scars… It’s been a long road. I’ve been through a lot, and it was very traumatic for me.” He was convited based on eyewitness testimony, during the investigation by NYPD detective Louis Eppolito. Gibbs’ served 19 years of a 20 years to life sentence for murder. innocent and had no remorse. Every two years at his review the board denied his parole conviction of Eppolito as being a mob hit man, who coerced the eyewitness into testifying!

bennie starks was convicted for the rape of a 68 year old woman in 1986, and sentenced

to 60 years imprisonment. He spent 20 years in jail, and another 6 free on bond before being Starks’ innocence in 2001. Finally free, Stark plans to “spend time with [his] grandkids and just… [start] living.”

24 The Jurist – Issue 2, 2012

walking the thin line of morality veronica milne On July 22 2011, Norway was rocked by two attacksat the hands of one man. Anders Breivik set off a proceeded to a shooting spree during a Labour Party youth convention on the island of Utoya. ethical dilemma that most of us only contemplate in law school. Would you represent a terrorist? One who had attacked your own country, murdered children? When Lippestad answered the phone one a discussion with his wife changed his mind. Being a nurse, she would have done her job and treated Breivik had he been injured; therefore, as a lawyer, Lippestad needed to do the same.

As a long-term member of the Norwegian Labour Party, it was Lippestad’s own political beliefs that were targeted that day. Although no one could accuse views of his client, Lippestad reportedly needed to employ a bodyguard after taking on the case. As a deal with the fact that a majority of Breiviks victims were children attending the Labour Party camp on Utoya. However, his belief in the fundamental right to a fair trial prevailed.

As you can imagine, Lippestad’s task is morally demanding. Even though he has represented an

One year on and Lippestad is now representing his client in court. While Breivik has admitted to murder and carrying out the twin attacks, he has pleaded not guilty, by reason of self-defense.

over the murder of a teenager), it could not prepare him for Breivik. Notable is that Lippestad’s former client is the reason Breivik chose Lippestad as his defense attorney. As Breivik shows no remorse for what he has done,3 he is counting on Lippestad’s

believing that the attacks were necessary to protect his country during a period of ‘war’. Despite an initial psychiatric assessment that found Breivik

Breivik was insane. This is so that, if arguments for self-defense fail, Breivik will receive a prison sentence, instead of mandatory psychiatric care.4

believing it would undermine the validity of his cause.

Although a second assessment ruled out mental instability the courts have employed psychiatrists to sit in during the trial. In an effort to prevent a

identity. Breivik’s views are in direct opposition to the diverse cultural tolerance Norway as a whole hopes to embody. Understandably, the weight of such an important trial will be weighing heavily on Lippestad, especially when many view his

answer particular questions about his beliefs and paraphernalia.1 During the trail Breivik has only 2 bystander killed in Oslo, but not for any of the seventy-eight other victims, many of them children.

1 Breivik has created a military uniform and a manifesto. It details his ideology and suggests that he is part of a worldwide network of an anti-Islamic movement.

2 Termed ‘innocent’ as he was a passerby and not employed by the government.

personal character.

what would you do if you were lippestad? larger fatality rating, and regretting that the former Prime Minister was no longer on the island so he was not able to video her beheading to post on the internet.

4 Mandatory psychiatric care may undermine the ‘validity’ of his political views.

The Jurist – Issue 2, 2012 25

moving forward...? claudette yazbek barack obama, leader of the free world, recently announced ‘i think same-sex couples should be able to get married.’ the immediate aftermath of this historic vicinity become polygamists and engage in bestiality (insiders also reported a noticeable increase in upturned graves). my parents divorced, shattering our traditional nuclear family unit and i must now abruptly conclude this piece as four horsemen of the apocalypse have come. it is the end of civilisation as we know it...

Oh, wait, no, none of that actually happened! Well, that Obama was declaring ‘war’ on marriage. But

wear clothes made of more than one fabric – yeah, that’s right, you, in the poly-blend because cotton shrinks, NO REDEMPTION FOR YOU!) Also, do we really want to align ourselves with a book the Really? Probably not.

Jim Wallace from the Australian Christian Lobby stated that supporting gay marriage would ‘open up the door for Polygamy’. Let’s, for all of eight seconds, presume that would be true; a large majority of and Jacob to name a few). Should these religious leaders therefore not be celebrating? Should they not be pro gay marriage? I mean, it would be bringing our laws closer to those prescribed in the Bible? Oh, Happy Day!

have working in Black Knight Erotica.1 literally no idea where to begin. As a Law/Politics student, I am generally trained to play the devil’s advocate or, minimally, appreciate the other side’s perspective. Here, I just could not do it. I believe that arguments against gay marriage are outdated, illogical and deny fundamental rights to human ‘traditional family’ to include inter-racial couples, de facto couples and single parents – which begs of I apologise readers in advance, as I am sure this address of the religious arguments against legalising Genesis, Leviticus and the Romans all outline how

1

Ok, just to clarify – that was a throwback joke Rhod

26 The Jurist – Issue 2, 2012

It’s also argued that legalising gay marriage will degrade the sacred union between a man and intact?).2 Australia’s current political landscape is loosely I use that term), atheist Prime Minister, who is in a de facto relationship, opposes gay marriage.

Mazel Tov; her and opposition leader, Tony Abbott, agree on something! He states that members of the Coalition were elected on the position that marriage is between a man and a woman, and he cannot break faith with the electorate. Oh, how silly of me – here I was thinking politicians were elected to Tony; 76% of Liberal voters believe this issue should 2 I would just like to qualify this article by stating that it is possible to reconcile belief in God and Marriage equality alisations!

be voted according to conscience, just throwing that out there). Also highlighting how incapable they are of justifying their position, in a recent episode of ‘Q and A’, Joe Hockey clumsily ummed and ahh-ed his way through a response as to why he and his wife Melinda make better parents than Penny Wong and her partner, Sophie.

It’s been suggested Gillard refuses to budge as she for cereal – this is where she is choosing to take her stand? On arguably the most valued issued by young people who largely cannot reconcile their own political beliefs with those of our nation’s leader?

Good Call...

in Brisbane’s ‘pray the gay away’ rally, I am talking to treat female hysteria by manually stimulating their Dear reader, I have no doubt you are reading this shaking your head,

to comprehend, perhaps it was not about votes, and that sentence makes me realise how naïve I must sound). skimmed much of the article), ‘Claudette, what’s the big deal? Obama has no real power to legislate on the issue so it was moot, plus, we have civil unions, is that not enough?’ Short Answer – neign. True, Obama’s power is incredibly limited in this capacity, but it was symbolic – and whether or not you agree, symbols are important. The announcement has thrust the debate into the forefront of people’s televisions, radios, and newspapers. We are being forced to reassess our own views, and our reasons for holding them. The reality is that 30-40% of homophobic bullying, violence, isolation and lack of social acceptance). I am not going to deny the issue largely turns on the generational divide – yet

3

the reality is, it is bogus to ‘commit’ to a viewpoint you now know to be wrong and completely out of sync with the tide of the general populous.

of marriage between a man and woman merely cements the narrow minded belief that there is something ‘wrong’ with being gay. the all-conquering hero and Gillard the villain, as

In the wake of the President’s statement, people a political tactic. Really? Because the President may

from ‘Emperor’s New Groove’ – you know the scene,

if that were the case. In a religiously conservative nation, and in an election year whereby the majority of swing-states Obama must convince for the vote are against gay marriage, this will not work in his

a vegetable, you had better hope we can legislate to recognise the love between two people.

3 Or the ‘wandering womb’ as it was medically termed– it really is astounding what you learn when studying Shakespeare at university.

The Jurist – Issue 2, 2012 27

INSPIRE mentoring stefania scarcella Dear law student, Have you ever wondered whether there is something Mariah Carey sang about or like the ones who drive around in their commodore fully dressed in adidas with matching bumbags)? I, like you, also felt there could be something more, so was very interested

timid 1st and 2nd year) I thought that the idea of peer mentoring sounded way too scary and I could never do such a thing. Luckily, a year or two after being at uni, I changed my mind and am hoping I can change your mind too.

Peer mentoring, conducted by Flinders University under the umbrella of ‘Inspire’, is a once in a lifetime

for this semester and be an e-mentor. As the name suggests, it’s a weekly session held with a student from a school in a rural area and it’s all online.

Seeing as there is no video, you can even act as a mentor in your pjs, in the comfort of your own home - who would have thought it?? basically do whatever you and the student/class that you are assigned to feel comfortable doing. You can help them with schoolwork they are struggling with, even just answer all their ‘uni questions that they don’t want to ask a teacher because they feel they are stupid.’ Let’s face it, we all had those questions in high school, and imagine how great it would have been if we had a mentor to answer those questions with no judgment. And if that’s not enough, you get a free inspire t-shirt!

Don’t just sit there reading this and think ‘oh, wouldn’t that be great’. Send an e-mail to inspire@

program carries out mentoring in that it ‘…offers school students a young adult who can provide an unbiased ear, scholastic support and a positive role model through building positive, nurturing and trusting relationships.’

something to offer someone, and the feeling you get when you help someone understand a concept they had struggled with or just from chatting with someone who feels down, can really make their day, and yours. We can all be heroes!

If, by any chance, you think that you don’t have enough time and that you would rather work on your torts assignment as it’s something you’re actually going to be marked on, think again, because the Careers and Employment Liaison Centre cannot

kind regards, stefania scarcella.

curricular activities add so much to a resume. No one cares about GPA.1 balance.

If you don’t feel like you want to drive yourself to a school every week then you can do what I’m doing 1

this might not actually be true…

28 The Jurist – Issue 2, 2012

work in the company of some of the biggest names in the business Finlaysons is always looking for our next generation of partners. Now’s your chance to get your foot in the door at one of Adelaide’s longest established and most respected firms. Enjoy the opportunity to work on some high calibre cases in a wide range of fields, while rubbing shoulders with some of the biggest names in town.

To find out more about our summer clerk applications visit finlaysons.com.au

The Jurist – Issue 2, 2012 29

PETA jonah babylon making his return to the world of journalism, and his debut here for the jurist, jonah babylon examines the international animal rights organisation PETA and whether they are ‘heroes’... or not. fuelled by an unquenchable desire for truth (and perhaps a handful of dexedrine washed down with an everclear cocktail) he writes...

Hidalgo, the powers that be here at the Jurist have lured me out of my self-imposed isolation with promises and tales of riches, every available vice known to man and even guaranteed car parks on the University campus. Knowing I couldn’t turn down encrusted, disgustingly tweed locale, somewhere in metropolitan Adelaide, looking for subjects that I write up this damned opinion piece. As I inscribe this, I have a heart rate of roughly 200bpm, blurry vision not unlike a diabetic, and I am sweating more than a sinner in church – in other words perfect conditioning for writing.

Hey speaking of sinners...how about those animal rights guys over at PETA?

is the most well-known animal rights organisation in the world. The face, voice, mind and heart of Ingrid Newkirk. Newkirk, a collection of half-truths to what she perceives as the biggest issues in our speciest society. Advertising campaigns from PETA, alongside their adorable little ‘go naked’ idea, throw around words like ‘slavery’ and compare the mass

30 The Jurist – Issue 2, 2012

farming and production of animals for food to the holocaust. Together with the least subtle advertising this side of a McDonalds campaign, they also use those that do, such as the Animal Liberation Front) to get their way. And these are ethical people folks they want total animal liberation and rights. And by wearing, animal abuser you. So if you can’t stand Now I want to make something clear – PETA is an animal RIGHTS group rather than an animal WELFARE group. Animal welfare groups look out for the wellbeing of animals, and prevent people like me from rabbit punching innocent animals when the opportunity arises. Cruelty towards animals is bad and we should hold people up to the highest standard when they are dealing with animals because that’s what separates us from...well animals.

Animal rights groups want animal equality – they are against our speciest ways and want to abolish the idea of animals as chattel. Got pets? Ride a horse? Use a Seeing Eye dog? Not anymore you people at PETA. Animal research? Unethical and as it doesn’t help humans in any way. Hey, they might have a point there...you know, if you discount insulin, penicillin, chemotherapy, angioplasty, organ transplantation and vaccines for rabies, measles, mumps and the eradication of polio – all of which were developed through medical research on PETA aren’t heroes. They are a group of deluded, self-righteous misanthropes, that push their agenda on the rest of the world.

That’s my truth.

small change for change sharon reid – kenyan proverb Give me clean, fresh, thirst-quenching water.

I’ll drink it from a glass, bottle or cup, the bathroom tap, the rainwater tank or even straight from the sky on a rainy day.

No matter where it comes from or whether it’s for drinking, cleaning, cooking, farming or gardening, clean water is one thing we can’t live without.

Currently close to one billion people across the world do not have access to clean drinking water.

They live in some of the world’s poorest countries and are forced to drink dirty water which causes sickness and, in many cases, death.

The World Health Organisation estimates that 5,000 children die each day from water-related sickness and at any one time, half the hospital beds in the developing world are taken up by people suffering illnesses caused by drinking dirty water.

Each year water-related sickness and disease claims more lives than all forms of violence put together, including war. It’s an alarming problem and one that needs urgent attention. There are many charities and organisations responding to the dirty water crisis in unique and creative ways.

Adelaide-based charity, Small Change for Change, is committed to improving access to clean drinking water through raising money for clean water projects in Africa.

The idea of Small Change for Change is simple:

With the help of local people, schools and businesses, Small Change for Change has been able to collect more than $17,000 of small change since the charity started in 2010, enabling three clean water wells to be built and maintained in Sierra Leone and Ethiopia.

Spokesman for Small Change for Change, Haydn initiative has been overwhelmingly positive and has made the idea of improving the dirty water crisis into a reality.

“The strength of the idea is in its simplicity: people can see just how they are helping to bring about change and that their contribution can make a difference.

“We know that water changes everything. From health, to education, work, food and the environment, access to clean water dramatically changes the lives of those who live without it.

“Together our small change can achieve great things,” Mr Lush said.

The journey of Small Change for Change shows that one small, simple idea has the power to create big change.

And so perhaps the true heroes are those who are optimistic that they can make the world a better place; people who are not discouraged by the enormity of the problem but who jump right in and work toward being part of the solution. Little by little

visit smallchangeforchange.org.au

change. The bottles are collected, the change is counted and 100 per cent of money raised goes directly to clean water projects in some of the world’s poorest countries, where the need for water is great.

The Jurist – Issue 2, 2012 31

live below the line danni musolino Do you feel passionate about making a difference in the world? Do you try to buy Fair Trade brands regularly? Eat organic foods? Do you often wonder if there is something more you could do, but in reality question ‘what can just one person do?’ I found myself in the same position this time last year and began to look for ways to broaden my involvement in volunteer work. Luckily it just so happened that my cousin had just joined Oaktree in the Generate program and sought me out.

In 2012 the Oaktree Foundation accepted 230 of the most passionate and energised young Australians into its Generate program. Over 7 months these dedicated university aged youth would work together in their state groups to make more than just small changes.

Generate began in Victoria in 2008 with only 30 across the country. Skills in project management, public speaking and event coordination are developed through individual fundraising events that are part of the Generate curriculum. The program develops in-depth knowledge of global issues, as well as encouraging participants to be active leaders in their own communities.

1.4 billion people do everyday. $2 is the Australian estimated by the World Bank. We have been planning 5 days) to raise money for the campaign. All the money raised will go to the Oaktree Foundations partner projects in remote Papa New Guinea to help build schools, fund scholarships, and provide teacher wages. So far, the Live Below the Line campaign has raised a massive $1.6 million across Australia, with donations still rolling in.

The Adelaide Generators have planned events for this particular campaign, ranging from a Gala event at HQ on the 11th May, to busking in Rundle mall and holding stalls at the universities. The bake stall at Flinders is something I myself am involved in. It seems almost torturous that it is scheduled during my 5-day live below the line stint. My food consists of 3 bread loaves, 1.5kg of frozen vegetables, and a bag of apples. I can’t afford butter, seasoning, I doubt there will be a way to ignore the wafting smells of sugar.

For people who understand how much I love my food, especially my sweets, they ask “Why are you out of the pure goodness of your heart. We seem to get swept up in our own lives and dwell on the can have on society and even the world. Generate is a collaboration of like-minded advocates with the

The 2012 South Australian GENERATE Team Currently, the Generators are taking part in the required to live on a budget of $2 a day for 5 days, as

32 The Jurist – Issue 2, 2012

pleasure in knowing change our actions can bring.

We respect each other for the impact of our actions and we deeply believe that one person CAN make a difference in the world. We are Generators, and we make more than just small changes.

a day below the line... day 1

day 4 I didn’t have time to eat my apple this morning, not that it looked all that enticing whilst driving for an

and portioned my 1.5kg of frozen vegetables. For dessert I might indulge in another apple. I have planned for $2 to be left incase I run out of food and really start to starve. This, I believe, is a logical decision.

day 2 Another apple for breakfast, I begin to wonder about the quote ‘an apple a day keeps the dentist away’. I’m sure by the end of this week he will be far away. The fresh bread, without all the glamour of preservatives, has begun to go slightly stale already.

Without butter, I need water to swallow it, and my steamed ‘black and gold’ branded vegetables are net of $2, all for a chocolate ice cream.

day 3 Waiting for the second bread loaf to cook is painful. think about all my cases that need to be read, but my brain has become just as stale as this bread.

I have even begun to rhyme. How is it possible to eat so boringly and un-nutritionally? More to the point, how can it be fair that the only option is to eat Tomorrow, a friend and I are having a bake sale at Flinders University to help raise more money. I chose with vanilla custard, vanilla with chocolate custard and, because I like to torture myself, chocolate with chocolate custard. I think I spent well over 10 minutes staring at the rich, smooth, simmering

friend and I were surrounded by the wafting smell down with water) and she ate her banana for the day. The cakes looked immaculate on the platters, but in my defence my opinion was tainted by sugar withdrawals. I left uni around 4pm and gave another friend the last three cupcakes to get them out of my sight. At this point I couldn’t decide if I was looking forward to my soggy vegetables or regretting buying that day; did I hear someone say ‘delirious’?

day 5 Finally! No food all day, and as a result, no study once again. I woke up with a sore throat today and felt quiet sick. A cold that has been waiting for a chance to surface has began its take over. I have never wanted dinner so much, especially since I have been promised pizza. I am actually grateful that I don’t have to attempt to stomach any more just to eat. I miss my chocolate mostly; I don’t think I am a fully recovered sugar addict. I would hate to I have raised $170, plus the bake stall raised $230. I will receive ridiculous amount of spamming once again.

100 cakes in only 4 hours of painful temptation.

The Jurist – Issue 2, 2012 33

exams stressing you out? activities At this time of the semester, students are starting assessments. Particularly for newbies, the feeling of being behind in readings or not understanding the fundamental principles in topics can cause high

If you are unhappy with your grade, look through any comments that you received. If still unhappy, someone) make an appointment to see your marker,

If you have burning questions, start by asking your friends! If they don’t have the answer, try your tutor or Topic Coordinator.

available for a re-mark if you feel you are entitled to one, but often just talking through your answer can make a world of difference. of the world. While this news is devastating, make sure you follow it up and go speak with someone

to have prepared). These can give you great insight and can be very reassuring. the last few weeks of semester, or there may even be remember that the Uni has just undergone a review of its topics and some have been consolidated, so if you think you haven’t studied everything that is

where you went wrong, and in some instances you may even be entitled to Supplementary Assessment. would like to talk to someone, Flinders offers free counselling services at the Health & Counselling Service. Drop by during the week, call 8201 2118, or

handy hints...

Study the way that best suits you – if you like to work in a study group, form one! If you prefer the quiet solitude that only your home can offer, study there.

Comfort can make studying much easier.

* make time for fun! * don’t forget to sleep and eat healthy * get highlighters in every colour! * meditate. buddah was calm for a reason * ask for help! It’s what the cool kids do

after exams

* wear your lucky earrings/undies/shoelaces * don’t panic; it’s never as bad as it seems

Go out and celebrate!!!

You are DONE for the

just yet, they may be handy in future topics.

You will receive your overall topic mark via the

34 The Jurist – Issue 2, 2012

The Jurist – Issue 2, 2012 35

marvel vs. dc damon delaney We all knew this was coming. How could FLSA run a ‘heroes and villains’ issue and not include the obligatory article on comic books? Well, we couldn’t, so we didn’t. We agonised for days over the best way to measure up and determine which comic book publisher is truly superior. Both have created incredible heroes, so why not look at two of their most famous and interesting comic book heroes? So let’s take a look at who is really the best hero of them all – is it Batman or Ironman.

round two – villains

round one – costume and gadgets

Ironman’s antagonists are...OK. I guess. I mean they aren’t awful of anything. Ironmonger, Whiplash and Loki were all good enough on the big screen, but they aren’t really memorable. Really, I remember the actors behind the role rather than the character.

Apart from that, Ironman doesn’t really have any villains that resonate particularly well with a mainstream audience – and the Mandarin is a bit crap to be honest.

This is a really close round, closer than some would think. I mean if we were going purely for practicality and ability to kick all kinds of ass, then Ironman would win, no contest. His suit shoots rockets, allows super strength and SHOOTS FREAKING ROCKETS. about four people will get that reference but screw it) and was able to stand up to a God and not get smashed into dust.

But in terms of iconic imagery and all round badassery – Batman has the edge. It comes down to two simple words with Batman: Utility Belt. This thing contains everything from the time honoured baatterang and batclaw to shark repellent spray. OK is pretty awesome.

So I guess it comes down to the aesthetics, the costume. Sorry Marvel fanboys and fangirl, but Batman’s costume is almost impossible to beat. It is dark, it is iconic and it is just perfect in terms of capturing your attention. Point goes to Batman.

Keeping in line with this month’s theme, we would be remiss to not at least offer a cursory glance at the famed antagonists of Ironman and Batman.

Now as far as Batman is concerned, we are looking at an A-grade rogue’s gallery. Two-face, Ra’s Al Ghul, Catwoman, and the Penguin are all iconic and classic villains in their own right, but let’s be honest of all time. The embodiment of chaos, the clown prince of crime, the one, the only – The Joker.

So in an almost complete blowout, the point goes to Batman.

round three – real life personality This one isn’t even close, but not for the reasons people might think. Bruce Wayne and Tony Stark are both interesting characters with varied motivations and vices. One is looking to atone for past sins and change the world, the other on a course of vengeance from which there may be no return. Bruce Wayne is dark, brooding and forced to live a double life as an out of control playboy. A man of multiple masks, Wayne is no doubt an intriguing personality.

But Stark is just so...interesting. He doesn’t have notion of morality, and actually has a bit of fun with being a superhero. But he isn’t all quips and banter; he has some serious issues to deal with and

36 The Jurist – Issue 2, 2012

considerable dramatic depth. He is just an amazing character when you consider all the facets of his character. While Wayne can be described simply in down and for that reason he scores the win here.

Point goes to Ironman.

With two rounds apiece it looks like the big decider is going to be the movie adaptations featuring both characters. Now Ironman is at a slight disadvantage here as he has only really been featured in three well known movie adaptations. Batman has been the interest of fairness we will only look at his most

round four – team work Now, at one time or another, it seems like one costumed hero is not enough – it would take a veritable team of heroes to handle certain situations. Fortunately, Marvel has provided us with the Avengers and DC with the Justice League – in which both of our subjects are featured.

Therefore Ironman’s involvement in the Avengers will NOT be discussed in order to keep things fair.

The Ironman movies are great movies; Robert Tony Stark. They have solid action, great direction and a really well rounded cast. But Nolan’s Batman

Both of these guys stick out somewhat in their started on that stupid Batman voice) but I think they bit of a joke...Hi, Aquaman!). These are just regular, insanely rich guys, who decided to take things into their own hands. So how do they contribute to their teams?

city and generally hold his own against an entire

so memorable. The Ironman movies are perfectly opposed to the movie.

so there it is, batman wins by the narrowest of margins. This isn’t a slight to ironman in any way thought – he is still a great hero. but he just couldn’t beat batman in this

superpowers. Batman is another story. On a team that features Superman, really any other member problem that would arise where someone will think Batman is the better choice? Stark contributes, while Batman just sticks out. For that reason, Ironman most certainly has the better team work. Point goes to Ironman.

The Jurist – Issue 2, 2012 37

vox pop (

v

o

i

c

e

o

f

heath mccallum

simon collinson

1. This is a stupid show, much like anyone who watches it.

1. Nay, nay, ten thousand times nay! If an alien race tried to create a human based only on a Barbie doll and L’Oreal ads, she’d be the result.

2. Indiginous Australians and the Law. An intensive the week before Oweek, dull areas, no depth or imagination in teaching.

4. Hopefully the latter - assuming anyone who is really against the comment already voted Republican.

5. If you had to, which evil villain would you face in a dark alley? Gary from Pokemon. Where’s grandpa now?

1. Matter of perspectiv

Is of laughs. More like industrial grade 2. Th boredo 3.

Cat Women heroic – read the Pale King, y’all).

3. Wonderwoman – cats have claws!

course it 4. The politics seem to be shifting more towards recognition every week.

Come November, I’d be surprised if it caused him any real issues – consider how muted his opponents were even immediately afterwards.

5. Kim Jong-Un. Three words: rocket shaped cake.

38 The Jurist – Issue 2, 2012

1. delta on ‘the voice’ - yay or nay?

2. worst law elective and why?

3. wonderwoman or catwoman?

4. obama’s support of gay marriage - destruction or saviour?

5. if you had to, which evil villain would you face in a dark alley?

t

h

e

emma goodwin

p

e

o

p

l

e

)

kris wilson

1. The best thing ever.

1. Matter of perspective - Are you questioning her approach as a 2. I have liked all my law electives far e judges are competing more than some compulsory topics! against each other) or as a mentor to kris wilson her team.... either way there is room for ve - Are3.you questioning her approach as a competitor Wonderwoman! improvement.

either way there is room for improvement.

4. Total saviour.

2. They all have their place, Politics hey all have their place, Politics electives on the other hand..... electives on the other hand.....

- Wonder Women is an Amazon Princess and we all know what 5. Regina George coz she’s hawwt!!!!!! they do to men and Cat Women wears leather.... need more?- Wonder Women is an 3. CatI say Women Amazon Princess and we all know what makes no practical difference; he still stands by the is a Cat Women wears theynotion do to that menitand State issue. leather.... need I say more?

5. The Riddler - that dude is weak!

4. Saviour - very intelligent move on his course it makes no practical difference; he still stands by the notion that it is a State issue.

5. The Riddler - that dude is weak!

The Jurist – Issue 1, 2012 39

review ‘avengers’ by marvel deliver or else you risk alienating your audience for the future. Don’t believe me? Batman & Robin managed to kill one of Warner’s biggest franchises for eight years.

What Marvel delivers here is above and beyond what most people could wonderful scenes), there is a healthy sense of humour and it is all topped off with some incredibly well directed and thoughtful action set pieces;

like comic book/action movies you won’t like this one. For the rest of us though; this is a great movie. chance to see it at the cinema, then go buy/rent it at your earliest available convenience.

reviewed by damon delaney

40 The Jurist – Issue 2, 2012

review ‘the trial’ by franz kafka Everybody knows Franz Kafka: he wrote The Metamorphosis, that weird story where the guy turns into a cockroach. Kafka practically invented literary weirdness as important things about modern life, including The Trial. court case. Josef K is a bank clerk, and one morning he is arrested and tried for an

The plot consists of K lurching from bizarre hearings to even stranger meetings with lawyers, court ushers, and other defendants. Judging from the hints K receives

form of the law; the old-fashioned, inquisitorial Austrian system in which Kafka was trained. But Kafka isn’t really criticising a particular legal system: he’s criticising legal systems, and even more generally, systems of power per se. At its core, The Trial is a story about powerlessness in the face of institutions. the artist’s studio ultimately belongs to the court. The power of the state is malevolent, mysterious, and all pervading.

This is why you should go and buy a copy of The Trial right now: it shows us – the priests privileged with tiresome, which is where Kafka comes in. Consider the defendants waiting, like supplicants, before the court: When those sitting closest to the door saw K. and the usher, they stood up in greeting; those farther away saw this and thought they had to greet them as well, so that they all stood up as the two walked past. They never stood completely upright, their backs were bowed, their knees bent, they stood there like beggars in the street.

Sounds pretty bleak, right? Indeed, it is. But something most people miss when they read Kafka – and we have David Foster Wallace to thank for pointing this out – is that he’s actually funny, in a very subtle kind of way, winged goddess of victory, leading K to the ironic observation: ‘That’s not a good combination,’ said K. with a smile, ‘Justice has to be in repose, otherwise the scales will wobble.’

Do our scales wobble? At the very least, Kafka’s nightmare trial will make you look at the question in a new way.

reviewed by simon collinson The Jurist – Issue 2, 2012 41

review ‘the color of law’ by mark gimenez The Colour of Law is a fanciful tale of how one man’s belief in justice costs him his money, his house, his wife and his reputation, with all the overtones of ‘to kill a mockingbird’ just to add to the modern day racial drama.

Scott Fenney is a Dallas corporate lawyer in his prime. Raking in massive

suburb of Highland Park, Scott’s life is all that he had imagined it would be when he graduated law school.

Sadly, Scott’s life is turned upside down when a rich senator’s son dies in mysterious circumstances and he is asked by a federal judge to defend the accused; in true Atticus Finch style, she is a black, crack addicted, whore.

The plot essentially follows the tried and true style of how one person, in a sea of corruption, is forced to take a stand against the system, loses everything they once held dear, stumbles upon a conspiracy, wins their case a new multi-racial, non-nucleic family. forced myself to read this book so as to write a report on it for a law elective; surprisingly, I found it fairly towards the poor, sole-practitioner Robert Herrin, Scott’s old school friend who assists on the case.

to give credit to his emotional development.

Although I am somewhat critical of ‘The Colour of Law’, I did actually enjoy the book. It had some interesting elements; the relationship between Scott’s daughter Boo and Pajamae, the daughter of his client, is cute, and some of Scott’s lawyer ‘tricks’ were hilariously unethical.

All in all, The Colour of Law killed a few afternoons, without me wishing that I was studying Civil Litigation instead.

reviewed by jason guthridge

42 The Jurist – Issue 2, 2012

review ‘to kill a mockingbird’ by harper lee As you would be aware by now, this month’s issue of ‘The Jurist’ is centered around the theme of Heroes and Villains. In my opinion, there is no better the movie after reading the book as part of my year 12 English Studies class. greatest movies of all time. It’s apt that this hero is a lawyer, as Mr. Finch is one of the reasons I became so passionate about studying law. He inspires my faith in the idea that lawyers have the ability to be good people with great morals.

Harper Lee’s Pulitzer Prize-winning semi-autobiographical novel was Gregory Peck. Finch puts his successful career on the line when he agrees to represent Tom Robinson, a black man accused of rape. Finch’s quiet courage is seen through the eyes of Scout, his gorgeous 6-year-old daughter, and was embraced by an emerging generation of lawyers as the epitome of both moral certainty and unyielding trust in the rule of law. For many, Atticus Finch is considered almost to be a real person, one who is lauded for his strength in the face of social adversity.

did you know? ‘Mockingbird’ had three Oscar wins, and Finch was Lee’s mother’s maiden name. after the court date: Scout’s ever-strengthening bond with older brother Jem, her friendship with precocious to such life-and-death crises as a rampaging mad dog. However, the most notable side-story is that of Scout’s of Fame’ as Tom Hagen!!), the reclusive “village idiot” who turns out to be her salvation when she is attacked by a venomous bigot.

If you haven’t already seen this movie, and been graced with its poignancy, grab some law friends and get one stage, the accuser’s drunken, incredulous father glares and asks Atticus, “What kind of man are you?” the unspoken answer is easy: both the self-assured lawyer and upright human being we all so hope to be.

It’s a beautiful movie.

We need a few more lawyers like Mr. Finch!

reviewed by stefania scarcella

dot to dot

44 The Jurist – Issue 2, 2012

drinking with 1 superheroes 1

the jurist promotes the responsible consumption of alcohol

wonderwoman cocktail

the incredible hulk

60 ml Midori

60 ml Captain Morgan’s Spiced Rum

60 ml Peach Schnapps

1 tbsp Sugar

90 ml Orange Juice

2 L bottle of Mountain Dew

30 ml Pineapple Juice

Add the Captain Morgan to a glass with sugar, then

30 ml Cranberry Juice Carefully layer ingredients, in order, into an ice-

superman shot 10 ml Schnapps, peach

cat woman shot

10 ml Rum, coconut 10 ml. Triple Sec 1 splash Grenadine

30 ml Vodka

Fill with Pineapple Juice

30 ml Kahlua

Fill glass with ice, add equal parts rum, peach

½ cup Milk

the dark knight the ben-10 (virgin) shot

45 ml Sambuca

2 scoops Vanilla ice-cream

120 ml ounces Cola

300 ml Root beer

15 ml Homemade Grenadine

1 tblsp Chocolate syrup

Maraschino Cherry Garnish

Whipped cream

Build in a highball glass over ice, topping off with

Maraschino cherry Pour root beer over ice cream and chocolate syrup in

the wolverine Beer in a dirty glass and a shot from a broken bottle!

the aqua man

these recipes are sure to make you feel like a superhero!

1 cup water

The Jurist – Issue 2, 2012 45

heroes & villains

46 The Jurist – Issue 2, 2012

snoozy

average

sudoku tough

evil

The Jurist – Issue 2, 2012 47

hall of fame tom hagen, ‘the godfather’ What better way to celebrate our usual Hall of Fame than with a quintessential those of you reading who don’t know who Tom Hagen is, you should be ashamed.

Before you continue reading, do yourself a favour and get your hands on ‘The Godfather I, II & III’1 and see for yourself the amazingness that is this trilogy. One

Tom Hagen, played by Robert Duvall, is the informally adopted son of Don Vito as a voice of reason within the complicated family. Hagen is introduced as an and takes him in to live with the Corleone family. Vito Corleone becomes a surrogate father to Hagen, but does Hagen offers to work for Vito after going through law school, knowing full well that his adopted father is the Frank and Andrew.

After longtime consigliere Genco Abbandando is diagnosed with terminal cancer, Tom becomes acting consigliere, succeeding to the post formally after Abbadando’s death. Vito is initially reluctant to give Hagen the post full-time, considering that he is not Italian, but eventually relents.

Despite, living and working amongst mobsters, Tom more or less managed to keep his hands clean. And while he remained loyal to The Family throughout his life, he did so without ever committing an act of violence.

A fairly admirable feat, when you consider the violent lengths other members of The Family go to when defending their reputation - think a decapitated horse head in the bed of an enemy... We all need a Tom every now and again!

by stefania scarcella

1

You might also want to lay your hands on a lot of free time, because watching this trilogy of cinematic amazing-ness

48 The Jurist – Issue 2, 2012