The Jurist 2012 Issue 3

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tried and tested travel tips from your fellow flinders law students

contents regulars

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Editorial 2 Letters to the Editor 3 Dean’s Message 4 President’s Message 5 Interview with a Dean 6 Meet the Committee (Part 2) 10 Portfolio Updates 14

features VOX POP Alternatives to the Legal Sector International Law Careers Model United Nations The First Thing We Do is Kill All the Lawyers Top End Opportunities Law in a Scandinavian Climate When in Rome....

No Excuses!

“So, can you tell us about your work in Congress?”

Is Having a University Degree Grossly Overrated?

Walking for Justice Triumph and Tragedies in North Africa Why Law? Gen Y: Intrepid Voluntourists How Travel Can Make You a Better Lawyer Strange Laws from Around the World

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24 26 28 29 30 31 32 33 34 35 36 37 38 40 42 44 45

Annabel Krantz David Bamford Bridget Laffy David Bamford

Heath McCallum Susan Breau Jessie Miriam-Murphy & Will Nixon Joshua Zwar Pia George Michael Swanson Stefania Scarcella Phil White Aneta Peretko Stefania Scarcella & Annabel Krantz Jemma Arman Hannah Climas Amanda Vanstone Sharon Reid Annabel Krantz Annabel Krantz

reviews

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‘50 Shades of Grey’ - E. L. James 46 ‘One L’ - Scott Turow 47

diversions Recipe Sudoku Dot-to-Dot Crossword Hall of Fame: Notorious Aussies

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48 49 50 51 52

Stefania Scarcella Annabel Krantz

Veronica Milne

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 law school, strangers), on a train, on a ferry, on the water somewhere between Copenhagen and Berlin. If all goes to plan, by the time you’re actually reading this, I should be somewhere in the Greek Islands. Oh, and two weeks ago I was in Russia.

Now, don’t be jealous - this could be you! As students, we have a unique opportunity to see the world, and freeload and backpack around, and the options for overseas study, we are perfectly positioned to travel. I’ve check as much off my ‘must see’ list as possible before I need to settle down into a ‘real’ job.

Whatever the reason you are travelling, be it for study (like many Flinders students who have contributed their stories to this edition of the Jurist), for competitions (like our ALSA winners), or simply to explore the make a million memories, but you will also pick up people skills, the ability to adapt, cultural knowledge, for potential employers. When the lawyers I worked with on placement found out I was travelling they all encouraged me to stay away for as long as possible, because it would be such a great experience - so don’t be afraid that having travel on your resume will be a bad thing! You just need to emphasise all that it taught you (check out the handy tips on page 44). For example, Michael is planning to nip down to the Hague and see International Humanitarian Law in action during his semester at Copenhagen University; impressive!

If backpacking isn’t your thing, or you don’t want to take a break from study or work, do not fear! Flinders has a wide range of study opportunities available overseas. You can apply to complete a semester in Rome, Scandinavia, the UK, America... The list goes on. Many of these programs will reward you with credits towards your degree, and also have options for grants to help you afford the trip. There are also several internship programs, like the law/politics based internship in Washington DC (page 35). If you’re already at the end of your degree and are about to begin the terrifying job hunt, you may want to consider taking your law degree interstate or overseas (like Josh and Pia on pages 30-31). The opportunities are endless.

Your kind editors have collected as many stories, tips and ideas as we could about travelling as a law student, or using your law degree elsewhere. Hopefully any travel-hungry law students out there will soak it all up, and be jet-setting off to see the world in no time at all. If you never want to leave Adelaide and think that travel is a dirty word, don’t fret - we have included plenty of reviews and games to keep you amused during boring classes.

Now, if you’ll excuse me, the Neuschwanstein castle in Germany (the one that gave Walt Disney the idea for the Disney castle) awaits me...

annabel (editor-in-chief) want to write for the Jurist? we’d love to hear from you!

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letters to the editors Dear Editor, The words ‘group work’ are being thrown around the law courtyard a lot these days. I often hear anecdotal tales of that one group member who doesn’t do the work/understand the task and assessment as a group member withdraws from the subject/has a mental breakdown. A common perception seems to be that groups inevitably end up being controlled by one or two eager/ competitive/control-freak students, whilst others just toe the line or (seemingly) dream up new ways to imperil the grade of their over-zealous leaders. I should note the efforts of Liz Handsley and others in Con. Law to mitigate the pitfalls of group work: devising a fairer way to assign groups according to student enthusiasm, among other criteria. This worked well because of the supervision of the tutor.

However, not all groups in all topics are so lucky. The not-so-hushed bitching in the law lab is evidence enough of this. Overcoming group tensions is ostensibly considered a boon to everyone’s grade. But push must come to shove, and the quality of the end-product assignment is the ultimate grade-maker. If the University explicitly seeks to produce ‘collaborative’ graduates who ‘connect across boundaries’ then there need to be stronger safeguards in place to prevent graduates seeking isolation from their peers in the workplace.

Handsley Fansley Dear Editor, I recently completed a student exchange to the Australian Federal Parliament is an exemplary model in the UK. UK Politicians halt their day to put on the television and watch question time from the House of Representatives in Canberra. They are enthralled and mesmerised that in a designated ‘question time’ absolutely no questions are actually answered. Julia Gillard’s superhuman ability to not answer a question whilst at all times still talking is seen in the UK as an act of genius.

So keep up the good work Julia, you’re an internationally recognised moron.

Anthony Abbott.

Dear Editor, I am writing to tell all the readers about the fun and learning I encountered on a Flinders Law School exchange program to North Korea.

In my time at “Kim Il-sung is Jesus University”, I legal system is that it has three tiers: Legislative, Executive and Judicial. These are all unnecessary and must be abolished. All judges and legislators can be freed of their burdens simply by instating one Super God Man with a hairpiece to conduct all of these roles. In North Korea, this has been done by Eternal President Kim Il-sung, and although he has been dead for 18 years, there have been absolutely no negative consequences for anyone.

Yours faithfully, Lobotomy patient 2890017 Dear Editor As a concerned conservative law student I feel entitled to have my complaints published. Now, that is. I don’t mean to be alarmist, but I think every Flinders law student should be alarmed. This man will end our beloved practical, market-based legal education and turn it into a post-modern tree hug.

I don’t know about you, but I went to law school to learn how to do whatever it is lawyers do to bill need the legal ethicist conscience police getting all in my face about access to justice and principled lawyering. Much less do I need them high-jacking philosophy and theory! have theory divisions? How many government Lionel Luddite Flinders Defender have something to say?

The Jurist – Issue 3, 2012 3

dean’s message but the Law School has built on its reputation for innovative courses, strong professional programmes, and high academic standards. The School is building its reputation as a powerhouse for research with the recruitment of internationally renowned staff and one of the largest groups of postgraduate research students, made up from people all over the world.

You may know that in July a professor is returning to our School: Andrew Goldsmith. Andrew is currently head of the Centre for Transnational Crime Prevention at the University of Wollongong and has an international add to our already strong criminal justice program that recently gained the highest ranking in Australia, along with ANU, UMelbourne and UNSW in the ranking exercise undertaken by the Australian Government.

For more information about Andrew, see his biography on the University of Wollongong website.1 In August the new Dean will commence. His name is Professor Kim Economides. He has been Head of the Law School at the University of Exeter in the UK and currently heads a Research Centre at the University the study of the legal profession. He has a strong interest in legal education and has been attracted to our University by the Flinders model of teaching, which continues to be unique in the Australian context. If you want to know more about him, his biography can be found on the University of Otago website.2 It has been an honour to serve as Dean but I have missed teaching and research. One of the reasons I am stepping down is that I have a number of book chapters and conference papers, and the second edition of the civil litigation book, due in the next 7 months, along with an international research project on court-based ADR. I am looking forward to returning to teaching at the beginning of next year.

david bamford dean editors’ note: the Jurist team (both past & present) would like to thank david for all of his help during his term as

1 2

http://ctcp.uow.edu.au/keystaff/andrewgoldsmith/index.html http://www.otago.ac.nz/law/staff/kim_economides.html

4 The Jurist – Issue 3, 2012

president’s message Welcome to the third edition of the Jurist for 2012! I hope the break treated you all well and that you were able to get some much needed rest in order to hit the ground running in semester two.

Recently we were saturated in the coverage of the Olympics - or for those of us with access only to channel nine - coverage of the equestrian and swimming. If you were lucky enough to have Foxtel, you would have been able to celebrate the successes of more of the world’s best, including the fastest rowers, the strongest weightlifters, and the biggest biceps of the male gymnasts.

At the opening ceremony we were able to witness the fresh faces of each country’s genuinely chuffed point: Nesar Ahmad Bahawi of Afghanistan), these individuals symbolised the hope and spirit of each nation as they led their contingents into the stadium.

The traditional parade of athletes was the perfect start to what promised to be 14 days of elite competition important message was lost. For example, when Australian swimmer James Magnussen was interviewed after Unfortunately, this attitude is one that I have often seen during my time at law school.

Many of us started law straight after high school. We were used to being the best and we were used to getting grades that made our friends jealous. Like the athletes at the opening ceremony, we were ready for forced to learn new words: “credit”, “pass”, or maybe even “fail”. It almost felt like life wasn’t worth living.

However, like Magnussen’s interviewer, what we lacked was perspective.

Unlike SACE and some other universities, Flinders University does not grade on a bell curve. This means that while your work for an individual topic may be assessed against anothers to try and obtain some sort of standard, you are not competing against 200-odd students for say, 5 possible high distinctions. You are only competing against yourself. In this respect, a more appropriate thing to ask Magnussen would have been “are you disappointed that you did not swim to the standard of your personal best?”.

In highly competitive environments like law school and the Olympics, a balanced perspective is hard to should celebrate the small victories in life - like getting a spot in car park 4 after 9am on a Monday.

So go forth and conquer. Show semester two who’s boss. And if the stress of it all does get too much – make sure you come along and participate in the festivities of FLSA’s inaugural Mental Health Week in week ten!

president The Jurist – Issue 3, 2012 5

interview with a dean david bamford, interviewed by damon delaney in honour of his last term as dean of the law school, we chatted with david bamford about how he came to the law school, what he has achieved here, keep an eye out for the interview in its Let’s start with the basics; what are your interests?

I support Norwood (laughs). I like good wine, enjoy cooking and food. I have two real interests; history is one, particularly military history. I have a large library of military history books and next to my bed at the moment I have about six books of which four are military history books. My other interest is orchids, horticulture. I actually live in a commune and I have for the last 30 years. That tends to catch people by surprise.

and help explain the system to them. And there was a Tribunal that lawyers couldn’t appear at, so I started helping people present their cases. It was being aware of those things that made me decide to do a law degree. I was also conscious there was no money to be made as a historian (laughs). So I decided rather than go back and do a PhD in history I should actually go and do law.

in once you had made this decision?

No, I was justinterested in helping people so I was happy working as a plaintiff solicitor, not that I would have been unhappy working for the Crown (laughs).

I was interested in Governmental work, but with my background in politics I thought it was probably better that I stayed out of the public service.

You came to the Law School in 1994, so you had

Was becoming a lawyer a childhood dream of yours? honours in History and Politics at ANU (Australia’s National University). I started off in the army, I was at (the Royal Military College,) Duntroon before that.

So it’s a mixed background.

Why the change? What started you down this path?

I have always been interested in social change and also in making a difference; I ended up working in worked for an MP who was a lawyer. In working for him, I saw the skills and knowledge that he had were really useful when it came to helping people.

What convinced you that law was right for you?

I saw that a law degree could make a big difference, so I ended up doing things like helping people deal with Centrelink. Issues concerning payments and other problems; they had no one to help them

6 The Jurist – Issue 3, 2012

Was it all spent with Duncan Basheer Hannon? a full time solicitor wasn’t the life for me and I was doing more and more court work. By then, I had also married and had two young daughters. We decided we would try to share the load between us; one would work part time, the other full time, and then we would swap around (laugh). At that stage, went to the Bar and did court work after that. I had no real plan, it just sort of happened by accident; call saying they were stuck for a barrister; could I do a case? Very quickly I had a full calendar. So I practiced as a barrister right up until 1999.

What made you decide to enter the academic life?

I really missed working with people; as a barrister, the people you represented were clients of the solicitor’s, so you don’t have a lot to do with them.

Financially, it is very rewarding work, but I did miss working with people. It is also very busy work.

Because of its particular approach to education, Flinders was looking for legal practitioners to help do some skill development work here at Flinders so that’s how I fell into it.

So that is how you came to Flinders instead of Adelaide?

Exactly. I came down here initially only on a part time basis to do some skill development, but very quickly Flinders offered me more opportunities.

It’s a great privilege to be at the university; it gives you great autonomy. What was most important for me realising that you are so busy when you are in practice that you rarely have the opportunity to stand back and think ‘Why are we doing it this way?

Is there a better way of doing this?’ There are many parts of the legal system that don’t work terribly well.

Would you like to give an example?

There are a whole range of different areas where I think there are issues. Access to justice is a big problem, particularly the civil justice side. That’s really where my research and teaching interests are focused; it’s about how we can develop a system that enables ordinary people to access justice. I think that is one of the big, big question marks. I was very interested to see, now former, Chief Justice John Doyle outline this as one of the really big challenges that he thinks the legal system faces at the moment. But there is a whole range of things; tort reform is really interesting, administrative law is an important area, and these days I increasingly think that corporate law is crucial. Think about law as being a vehicle for controlling power in our community; we use admin law to control ways to control that other very powerful institution in our community; the corporate world. I must confess through my law degree I didn’t really study

things like tax and securities regulation and I wish in the world, you have to be able to understand how corporations work and how to best regulate them, and I think that is a challenge in the future.

What are your fondest memories of your 14 years here as a teacher and lecturer?

I don’t think people realise how unique Flinders really is; as a place to work and as a place for students it is very different. What has appealed to me about Flinders is that has a genuine interest in trying to provide a quality program for students. You interested thinking about teaching than they are concerned about their students. I’m not suggesting we are perfect, different staff members have different strengths, but this is more a general rule.

Interestingly we just had the Five Yearly External Course Review, and people outside the university like judges, lawyers and other legal academics are saying that in many areas we are leading the country as a law school.

What would you say is the one thing that separates Flinders from other law schools?

One is the program we have is innovative; we are still really the only law school that incorporates professional and academic training. That is a huge advantage because I believe that you can only learn what law is when you understand how it operates.

But as a law school staff we are very different from most, because we have people who have outstanding academic careers and have been academics for most of their lives, and we have international superstars on our staff. But we also have people like me, with a strong professional background, who know a bit about working in government, a bit of working in legal practice; we have a different set of skills and understandings. So you get a blend of those two worlds coming together in this law school.

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I was very lucky in that we had a great Dean in Gary Davis before me, so the place was running well. The law school has been fortunate in that it hasn’t often had to face the challenges that other law schools face; it has always been a fairly shared vision and a smooth operation.

to accomplish as Dean?

I suppose, as I said, I wanted to maintain the success thing and really I had a huge advantage. But I did want to do a couple of things. One I wanted to increase the research culture of the school. The second thing that I wanted to do was be more strategic about what we were doing; to be successful you need to have a critical mass of scholars and because the get a core mass in any particular area. So we tried to build up some core mass and tried to become the strongest in the State. Certainly the uptake in international and internship programs have grown enormously. Programs like our Summer School in Shanghai provide some great stories, so I am trying to replicate that in other places and enable all us to do some really exciting things.

Coming up on the end of your time as Dean, what do you consider your proudest achievement?

We have really built a multi-disciplinary school.

Our criminal justice program is one of the top four in the country and within the last year we have also taken on some of the socio-legal studies and we are building upon that for the future. The other thing that has happened is a tremendous growth of our post graduate student numbers; and that’s been a huge boon to the school. Numbers have grown enormously and we are attracting students from all over the world; students coming to Flinders rather than overseas because of the particular staff and

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programs we offer here at Flinders. I think they are providing a whole lot of exciting intellectual growth, and are a credit, to the school. We will be outshining most other law schools in this area in the next 3-5 years. Being able to continue delivering a high quality teaching program at the same time as building a strong research culture is what I would say I would regard as my proudest achievement. Leaving aside trying to improve the coffee kiosk (laughs). That was here before I started actually, but I have been trying to create a better space downstairs for students.

to the student body?

What I would say is that our role is to produce informed, skilled citizens who have specialised knowledge in the law. Once you leave university you really have the chance and time to think about the big questions, it’s part of the reason why I came back to university. So it is my desire that you don’t see yours as legal technicians but as members of a broader community, with special skills and knowledge and that they use it to help better the community as a whole. I’m also extremely proud of our students and graduates; I don’t think students realise that, for us of course, you are what we are measured by.

You are the product of our work. We are inherently interested in what students do and where they go, and I am not talking about just being successful in the law but in terms of just being successful in their lives be it business, teaching, art, journalism, acting; our graduates are involve in a whole range of occupations. So we are intrinsically interested in what they do and where they go. So my message to students is that we are proud of you, we think you do fantastic things. We know that it’s not easy and that we’re not perfect but we are really interested in what you do and we hope that you will keep in touch and be proud of your Flinders experience.

The Jurist – Issue 3, 2012 9

m e e t

bianca geppa competitions director degree: Bachelor of Law/Legal Practice & Arts student

y o u r

moore competitions coordinator degree: 2nd year Bachelor of Laws/Legal Practice (Hons) & Arts student

about me: about me: When not living at uni, Jordan can usually be found playing wtih his family of pet llamas. participate in second semester competitions!

email me at:

At Adelaide Airport Quarantine, trying to sweet talk them into releasing said llamas.

email me at:

10 The Jurist – Issue 3, 2012

kris wilson treasurer degree: 4th year Bachelor of Law student

about me: Kris can recite ‘Harry Potter and the Philosopher’s Stone’ verbatim and is obsessed with Stephen Fry... he swears he’s very normal.

Overseas, at the moment! Be jealous. Hope that he’s falling into a canal in Venice as you read this.

email me at:

c o m m i t t e e

corey trezise marketing

michael swanson

annika beaty

degree:

degree:

degree:

4th year Bachelor of Law/Legal Practice (Graduate Entry) student

Bachelor of Law/Legal Practice & Science student

1st year Bachelor of Law/Legal Practice and International Studies student

about me:

about me:

Corey once dressed up in a Lion suit for a kids program with the Smith Family; it was a hot day and he got cooked inside the suit! But it was worth it.

Michael is open to being bribed; but will only accept payments in forms of cheese, preferably Jarlsberg. Please send to the FLSA

Studying hard, not dressed in a lion costume.

Swanning around Copenhagen for six months!

email me at:

email me at:

about me: Annika once walked down O’Connell Street wearing a cyberman costume and mask.

At a spare desk in the Library, working hard!

email me at:

m e e t

veronica milne publications editor degree: 2nd year Bachelor of Law & International Studies student

claudette yazbek publications editor

tyler jaenisch

degree:

degree:

4th year Bachelor of Law and Arts student

1st year Bachelor of Law & Behavioural Science student

about me:

about me:

Claudette enjoys integrating obscure popular culture references into everyday conversation

Tyler tells awesome Dad-jokes, and is a little like Where’s Wally in that her hair colour changes so often!

about me: random people when she is in her car, to see who will wave back.

Feeding the ducks, infront of the ‘no feeding the ducks’ sign.

email me at:

y o u r

activities coordinator

Desperately hunting for a park that Loitering around the Plaza... means she can avoid The Hill... or the law school. Just generally loitering.

email me at:

email me at:

12 The Jurist – Issue 3, 2012

c o m m i t t e e

georgina landon competitions coordinator

james cameron

degree:

degree:

2nd year Bachelor of Law & Arts student

1st year Bachelor of Laws & Legal Practice student

about me:

about me:

Georgina faces an eternal battle between hunger and laziness.

James really, really, really loves cats. But, he gets sad, because he can’t hug all of them.

competitions coordinator

YOU! FLSA is always looking for new members, so keep your eyes peeled for elections in

Hanging around food outlets.

email me at:

Sitting on the stairs across from the coffee cart.

email me at:

The Jurist – Issue 3, 2012 13

portfolio update competitions semester one competitions to what has been a fantastic round of competitions.

The Kelly & Co. Open Moot Grand Final saw Jordan Gifford-Moore and Jordan Tutton competing against Katrina Hartman and Michael Swanson.

Congratulations to Katrina Hartman, who won the Grand Final, as judged by Paul Heywood-Smith QC, Peter Britten-Jones and Michael Durant from Kelly & Co. Lawyers.

The FLSA Competitions team would like to thank our fantastic sponsors whose continuous support is greatly appreciated, our judges for giving us their time, all members of the Law Faculty for assisting in writing questions, and all students who lent their assistance. Congratulations to all the competitors, the standard for semester one set a very high benchmark for semester two competitions.

A big congratulations also goes to all our Flinders students who competed at the national ALSA Conference in July, in particular our national negotiation champions: George Lukic and Rachel Wang!

colthorpe lawyers witness examination

semester two competitions

The Colthorpe Lawyers Witness Examination was judged by Ross Colthorpe and Gerry Bowen of Colthorpe Lawyers. The close competition saw some new Witness Examination competitors, as

Semester two will see the running of the Kelly & Co. Lawyers First Year Moot, the Lipman Karas Negotiation, the International Humanitarian Law Moot and the Constitutional Law Moot, in which the winners will have the chance to compete at the Sir Harry Gibbs National Law Moot in Canberra during the mid-semester break.

Hartman and Michael Swanson continued through to the Grand Final round, when senior Magistrate Brett Dixon joined the judging panel and awarded Katrina her second competition for the semester.

cowell clarke client interview The Cowell Clarke Client Interview is always one of the most popular competitions within the law school. 2012 saw two new teams competing in the Grand Final. Mark Williams and Liz Schembri were up against Tom Gerrits and Andrew Becker. In a won the competition.

14 The Jurist – Issue 3, 2012

The Competitions team looks forward to an exciting semester two and hopes to see many new faces in competitions!

For more information or any feedback on competitions please do not hesitate to contact us at or visit the FLSA website;

bianca geppa competitions director

portfolio update careers & education With clerkship season now behind us, the Careers and Education team is moving their focus to preparing for next year, with work commencing on a raft of new initiatives to give Flinders students the edge in competing for graduate positions. We also continue to work with the University on matters including the recent undergraduate course review and the provision of percentage grades on academic transcripts.

On 7 August, the Report of the 5-yearly course review & LPEAC Re-accrediation Review of Flinders Undergraduate Law Courses was released, comprising a full review of the undergraduate level law course at Flinders University. The review incorporated submissions from a number of as well as submissions made by the Flinders Law very positively on the undergraduate course and included a number of commendations to the Law School, but of particular note the review recommended that the Law School:

be closely monitored for skills development and, if necessary, be offered additional support to ensure a smooth transition into the law program; and (e) review the use of online quizzes and online assessment methods.

The Careers and Education Team are working on reviewing the recommendations of the Review Committee and are working with the Law School to do what we can to achieve the best possible outcomes for Flinders law students.

If you would like any more information on what’s happening with Careers and Education at Flinders, or if you have any particular issues that you would like to raise with us, please contact us via email at

david mason vice-president, careers & education

(a) maintain vigilance over student wellbeing, particularly in the Honours cohort, and continue to closely monitor all aspects of the Honours course; (b) disseminate more information on the Honours course to students and make this information more readily available on the Law School website; (c) develop an acceptable feedback policy to ensure all students receive fair and adequate feedback on assignments; (d) ensure that students engaged in the Bachelor of Justice & Society (Law Pathways) program

The Jurist – Issue 3, 2012 15

ALSA report alyssa sallis While many students were recovering and partying after a long semester and a series of treacherous exams, there were a small group of Flinders students who journeyed over to Melbourne for the Australian Law Students’ Association (ALSA) Conference during the July break.

The ALSA Conference is an opportunity for law students in the Australasian region to come together and, among other things, compete in a wide range of competitions, including the Championship Moot, Negotiation, Client Interviewing, International Humanitarian Law Moot, Witness Examination and Paper Presentation. The Flinders Uni teams were comprised of FLSA competition winners of 2011-12.

The ALSA Conference is not just a time for competitions. Students also travelled to Melbourne as General Delegates, whose opportunities include participating in legal educational forums, sports activities, careers events, nights out and sightseeing.

I was privileged enough to obtain funding from FLSA to attend the conference as a General Delegate. This arrangement is part of FLSA’s new equity scheme, which allows students to borrow money from the equity fund and then pay that money back over a period of three months, with the aim of encouraging and enabling more students to attend ALSA. Congratulations to Katrina Hartman and Red Cross International Humanitarian Law Moot; Katrina Hartman (again!) who was a Grand Finalist of the Clayton Utz Paper Presentation; and, George Lukic and Rachel Wang, who are the National Champions of the Piper Alderman Sir Laurence Street Negotiation Competition!

As a General Delegate I was able not only to attend competitions to support Flinders, but also to take partake in other opportunities that the ALSA Conference provided. For example, Honourable Michael Kirby AC presented a speech at the Clayton

16 The Jurist – Issue 3, 2012

Utz Australian Educational Legal Forum: Social Justice & the Laws. speaking on the importance of pro bono work, and, of course, his autobiography ‘A Private Life’, which he always has tucked away in the back of his trousers for all of his speeches!

Of course, like at many student conferences, there are social events almost every night. This year showcased two spectacular black tie events, with the Opening Gala held at the Docklands, and the Closing Gala held at the Palladium, Crown Casino. The singing Carly Rae Jepson’s ‘Call Me Maybe’. Flinders delegates were seen dressed up at the two themed events for the sport ‘archery’ (where some Flinders delegates dressed as Native-American Indians or Robin Hood) on the Olympics themed evening, and as nerdy Flinders Uni Mathletes to the ‘Frat’ themed evening. These events were a fantastic way to socialise with students from different universities, and celebrate the university break.

From meeting other students from across Australia, New Zealand, Singapore and Indonesia, to attending the numerous educational forums that are many reasons why I would highly recommend going to ALSA as a General Delegate. Further, the Delegate is that you can observe and learn from the competitions without the stress of competing!

The 2013 ALSA Conference will be run by the University of Western Australia in Perth. Keep your eye out in the Law School and on Facebook for the advertisment of registration, and also for the Equity Fund application process dates, should they be of interest to you.

The Jurist – Issue 3, 2012 17

portfolio update activities FLSA recently held the 2012 FLSA Law Ball, ‘Through the Looking Glass’ inspired by Lewis Caroll’s famous Needless to say, it was a night of glamour and glitz, with the law students switching their heavy textbooks, hunched shoulders, and caffeinated beverages for cocktail attire, contours, and alcoholic refreshments.

The next Pub Crawl will be held on August 31st, themed ‘I’m with my learned friend’. Make sure you grab all your friends and get a shirt so we can paint the town in white.

Held at the National Wine Centre, students found themselves surrounded by a giant chess set, tea parties, playing cards and other Alice in Wonderland-inspired decorations that managed to keep them more than amused.

it-all. All funds raised go towards the Tristan Jepson Memorial Foundation. Ticket prices: $10 members, $15 non-members. $100 for a full table.

The night was a huge success - everyone had the chance to catch up with old friends and, with the helping hand of alcohol lowering inhibitions, make new ones. It did not take long until the dance moves emerged from students, both good and bad; some pieces, rather than students their own size. The moves displayed at the ALSA dance off.

Students partied on and on into the early hours of the morning, moving themselves to The Elephant students to have a ‘Seedy Sunday’ as a result.

The Law Ball was one of our most memorable and successful balls yet. If you were unable to make it, don’t fret - you can rest assured that we have many more exciting events to come this semester.

so, what is next?

The activities team have found themselves organising yet another pub crawl, a quiz night for those who wish to test their knowledge rather than their drinking skills (or put a combination of the two to the test), and a cocktail night later in the semester to give students another chance to dress up and escape the stress of assessments.

The Quiz Night will be held on October 10th at the German Club. Get a table of ten together, eat a

jess kamleh activities director

The Jurist – Issue 1, 2012 19

20 The Jurist – Issue 3, 2012

portfolio update the FLSA equity fund what is the equity fund?

FLSA knows that not all students can get the burdens; sometimes a student can’t afford all the text books that they are required to buy for their course. The equity fund has been set up and to these students; a grant of money that FLSA gifts to the student to help give them a better chance of

what does FLSA use the equity fund for?

The equity fund is only used by FLSA to provide raises funds throughout the year so as to help as many students as possible when the equity fund board meets. The money in fund is not used for social events, merchandise or any other purposes; it exists solely to provide grants to students.

how does the equity fund board work?

There are two vital components to the Equity Board process. Firstly, there is the Administration Board, comprised of a Flinders Law School staff member and the current FLSA President. The Administrative Board receive applications from students, assign each application a number, and pass the applications onto the Equity Fund Board. The Equity Fund Board is comprised of the current FLSA based soley on the merit of the application (all applications that reach the Board are anonymous).

how does the equity fund board decide who gets the money?

The Board judges each application purely on merit; the applications are designed to be anonymous so that no one on the Board knows who receives the money. The Board will therefore consider each application without bias to any particular applicant.

As the decision will be made on the application alone, simply listing what you want may not be enough. Grants are not automatic, so explaining why you need the money and the use it will be put to would be a good way to show the Board that you are a worthy recipient. For example, if you are asking for money for a textbook it might be a good idea to detail why it is an important text for you to own. You

what can I apply for?

Though we have set no limitation on what people can apply for, the fund is primarily designed to help students afford their text books for the semester.

We may also consider other worthy applications, such as using the fund to assist people in going to the ALSA conference, as we did this year.

so, how do I apply for a grant?

The application form will be available at www. in to the staff member on the Administrative Board.

Applications have closed for 2012, but keep your eyes open for the 2013 dates.

will I get all the money that I ask for?

Each time the Board meets, there is a set limit dictating how much money they can give out. In the interest of fairness, the Board may decide to give only part of what is asked for, to ensure that $1,000 it is unrealistic to expect they will all get it.

So there it is; a brief outline of the equity fund and its purpose. If you have any further questions,

damon delaney The Jurist – Issue 3, 2012 21

OPEN: 8th October, 22nd October, 5th November 9:30-12:30 (last client seen at 11:30)

22 The Jurist – Issue 3, 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 (last year’s hoodies available at a lower cost; enquire at the FLSA office) The Jurist – Issue 3, 2012 23

(

v

vox pop o

i

c

e

o

michaela olsson

damon delaney

1st year law & arts student

law/justice & society student

1. Heater socks - them shit be warm!

1. A clean one - because I don’t like the smell of dirty feet.

2. Depends... Large sum? Or 5 cents? If it was 2. How much money? And how many people are watching?

3. No (smiles).

4. Getting run over by a car...

3. Did anyone threateningly*

5. Hi-5. No, wait, Noddy!

4. I don’t believe in regrets.

6. London - because it’s better than Adelaide!!

5. Sesame Street - and anyone who doesn’t like it can go to hell!

6. Alberquerque, to turn left!!

24 The Jurist – Issue 3, 2012

f

t

h

e

p

e

o

p

l

e

patrick bateman

danielle mcfarlane

unknown student

2nd year law student

1. A sock from Valentino Coture.

1. Knee high, because there would be more of me.

2. When I went to Paul Allen’s place, there is a moment of sheer panic when I realised that Paul’s appartment overlooked the park and was obviously more expensive than mine. If he hadn’t gone to London, I would have picked up the money.

)

2. No. 3. Yes, subjectively.

3. I like to dissect girls. Did you know I’m utterly insane?

4. Greatest regret makes it sound like my best/ favourite regret- biggest regret is dying my hair bleach blond for two years in high schoolwhat the hell was I thinking!?

4. Not stressing ‘blonde’ enough.

5. Playschool- Benita rocks.

5. Adventures of Ed Gein.

6. New York- never been and all those songs and movies can’t be raving about nothing

The Jurist – Issue 1, 2012 25

alternatives to the legal sector heath mccallum some tips on how to score that dream international job Recent studies of law graduates have shown a strong move away from the typical legal career path to becoming barrister, judge or solicitor. Over 50% of gradates will never have a conventional legal job, and of those who do enter the legal profession, half about the reasons for this but one thing is certain – the law degree is no longer only a stepping-stone to becoming a lawyer. Employers in all sectors love law graduates and there are a myriad of opportunities to start thinking about.

It has long been recognised that a law degree areas of law (which is invaluable no matter what your career) - it also teaches us to think analytically, solve problems logically, express ourselves succinctly through both writing and speech, and research meticulously. It teaches us management. Indirectly, it also gives us friends in useful places and, perhaps most importantly of all, an extraordinary threshold for boredom, developed from reading thousands of pages of cases annually.

These skills are useful no matter what the career – doctor, priest, CEO or drug mule.

No matter which career you choose there is one thing to keep in mind – there are a lot of you! With 38 law schools in Australia and over 34,000 law students, law graduates are a dime a dozen. If you to start thinking about it now. The most common ‘alternative’ careers available to law graduates are and in community groups; there are a few tips to keep in mind if you want to head down those paths.

The big multi-national NGOs (the United Nations, Red Cross, international courts and the like) offer incredible internship programs that will put you up against the best and brightest people on the

26 The Jurist – Issue 3, 2012

planet. While applying is a great idea, alwayshave a plan B; some of the most prestigious internships receive upwards of 30,000 applications! Always keep in mind how you can make yourself a competitive candidate in the path you are pursuing.

With any international job, there are a few rules:

Keep in mind that when you apply internationally, you are up against Europeans, Americans, Asians and Africans, and many of these will speak at least three languages. Australians have a good reputation for being hard workers and being adaptive, but in order to be on par with our international counterparts, you will need a second language. The Diploma of Language is a great option at Flinders it requires one topic per semester for three years, plus two culture topics, with a choice of French, Spanish, Greek and Italian. Any of the big languages are useful (many organisations treat the second language as a ‘tick’ on the application, rather than a skill for daily use).

Completing a Masters within a few years There are half a dozen excellent international law programs globally but if you don’t have the grades to get into them, don’t be picky. Most of the top ones experience, and an example of an extended piece of work before they will consider you – start exploring.

If you don’t have the grades, an option is to do a bridging Masters in another area (MBA, MA or the like) and use your marks in that program to get you into the dream international law Masters. A PhD will need to be done some time after that too!

Doing some grunt work is essential, both during and after your undergraduate degree. This is best done with an international NGO or one of the hybrid courts but could be done domestically. Many people try their hand in organisations like the DPP, and these skills are easily transferrable. Lots of the big NGOs have good opportunities locally – look at Red Cross, Amnesty International, and World Vision.

The kinds of skills you need to develop are useful across any international area: working with vulnerable people, communication (especially working with non-English speaking people and with interpreters), working in teams, adaptability and any court work or legal skills.

A great way to get experience in the international development sector is in the AusAid-run Australian Youth Ambassadors for Development program.

Annually, AYAD sends hundreds of young Africa to participate in programs with other NGOs. AYADs are volunteer positions (but cost covered), last up to 12 months, and are undoubtedly one of the most amazing opportunities for young Australians.

Selection panels will be looking for a few essentials: international experience, volunteering experience and (where possible) both combined. If you want work in this sector, make sure you get some travelling under your belt and local volunteering work (preferably community or justice based).

A lot of people ask whether having a stint in the evil corporate sector is fatal to an international career.

It certainly is not if you can use the experience to

crack so be willing to wait for that ideal opportunity.

Work at your ‘soft skills’ and keep applying until you break in. Some people tell stories of working in pubs in the Hague until they met the right person or saw the right opportunity. If a volunteer opportunity in your perfect organisation pops up, jump on it - if you impress them, a paid job won’t be far off.

Finally, utilise the resources around you. FLSA produces the Alternative Careers Guide with articles on jobs in NGOs, government and academia as well as tips for applying. Pop into the Careers Centre for some careers tracking advice and they can tell you what areas of your CV need some work. They also have amazing programs that can link you up to professionals in your area of interest.

A great place to start volunteering is Australian Red Cross. As part of a global organisation, experiences are easily transferrable and internationally recognised. Getting your foot in the door is the key – here are some current opportunities:

migration support programs Red Cross volunteers support asylum seeker families with their adjustment to life in Adelaide by transporting them to appointments, helping them with daily tasks like catching a bus or moving furniture to a new house and provide assistance

IHL collective A group of about 100 young South Australians make the IHL Collective. They work with staff to run events, give presentations and organise campaigns to help disseminate the role of the law of war and its impact globally.

telecross and telecross REDI career and no one will hold the fact that you gave it a try against you. The only risk is being behind on the international experiences of other applicants, so if you think a careers swap might be on the cards for you, keep up the volunteering.

Anyone who has worked in the international sector for a while comes back with one piece of advice – be patient. It is possibly the hardest career path to

Both these programs help vulnerable people with phonecalls. The Telecross program makes thousands of calls a week to vulnerable people to check they’re ok. Telecross REDI is an emergency service which calls vulnerable people during extreme weather events.

for more information on these opportunities, have a look at the australian The Jurist – Issue 3, 2012 27

international law careers susan breau susan joined the law school in 2010 as masters in law and is especially interested in lnternational law, constitutional law already well loved by students and well known for her generosity when it comes to giving up her time for debates about international law!

Many students ask me about whether studying or specialising in international law can actually lead I acknowledge that the path is not easy. There are various ways to secure international law employment and some of these are discussed here.

First of all, a Masters in International Law or International Law and International Relations is usually required for employment in nongovernmental organisations (NGO’s), the United Nations, International Criminal Courts or the international areas of domestic governments. This is generally a year full time or two years part time after graduation with an LLB. After graduation with a Masters degree, it is expected that students will pursue a (usually unpaid) internship for a few months with either an international organisation such as the UN or International Criminal Court or a non-governmental organisation. This provides invaluable experience but also an opportunity to network.

A doctorate in international law is becoming much more common but it is only a requirement if you wish to pursue an academic career. It is of course a career I highly recommend as it not only involves teaching but research and consultation with governmental and non-governmental and can be consulted on issues ranging from the

28 The Jurist – Issue 3, 2012

lawfulness of the use of force to assessing domestic legislation for compliance with international treaties and customary law.

But undergraduate students who wish to pursue a career in international law would be very wise at in another of the world’s major languages and experience volunteering for a local NGO. Being bilingual or multilingual and having experience in working for agencies such as Australian Red Cross, Amnesty International (both have branches in Adelaide) or groups that work with migrants or refugees is essential.

Another essential step is to take advantage of student mobility opportunities. There are several exchange agreements that allow Flinders law students an opportunity to study abroad for a time.

These students will be highly competitive because of international study experience. It is also important to become familiar with other legal systems.

Flinders Law School offers the possibility of studying Chinese law in China. This would be invaluable as China is sure to be a major superpower, now and in the future. For those interested in development and aid work there is a unique opportunity provided at Flinders to learn Indonesian.

After graduation, another path that can be taken on its own or in conjunction with the above suggestions is to have experience as a lawyer in in assisting refugees. International Criminal Tribunals particularly look for actual legal practice

of my former students are now employed in various international positions but these are the ones who would not take no for an answer and followed many of the suggestions above.

an international experience at home jessie miriam-murphy & will nixon It’s nearing 9 o’clock on a Wednesday night and 30 people representing 15 different counties are debating the international community’s role in keeping the Haqqani network away from Pakistan’s nuclear assets.

But it’s not for CHOGAM in Perth, ASEAN in Phnom Penh or UN in New York. It’s a group of Trophy Model United Nations Security Council Competition.

Everyone wants to add some international experience to their degree. Sure, you can jet set all over the world, attending conferences, summer schools or extended exchange programs. But there’s one obvious problem with these international opportunities: they’re overseas! This means spending your money for some, and begging for others – there are material limits to how much you

negotiate simultaneously in private. This provides a moving speech to the Council, while cutting deals on amendments in the corridors of power.

The competition provides an insight into the complexity of international law and the inner workings of the United Nations. Over two heats and four propositions, we only managed to pass one, which just goes to show how hard it is to get nations to agree on actions such as intervening in the current situation in Syria.

MUNs go beyond the Security Council, with competitions ranging from the General Assembly and its subsidiary organs, to the International Court of Justice! MUNs are a great opportunity to build your skills and international awareness. So, whether you’re a jaded latter-year mooter or an international law dreamer with maps all over your walls, have a go at a MUN. It’s an international experience at home!

from within the inexpensive shelter of Adelaide, there’s the Model United Nations (MUN).

In MUN each team assumes the role of memberstate representatives at an organ of the United is the Security Council. Its importance, authority and workable size make it ideal for competition.

It draws on all the skills we law students want to develop: negotiation, mediation and good old oral advocacy to achieve the goal, passing resolutions of the Council, on matters of international importance.

Whether it’s armed intervention in the Middle East or a global response to cyber-terrorism, you’re of international law. This is a refreshing change from the contractual disputes of your run-of-themill moot. Competitors are judged on the quality of state’s foreign policy. Debates in the chamber are moderated by a President but member-states

The Jurist – Issue 3, 2012 29

kill all the lawyers joshua zwar I live in a city where, less than forty years ago, the entire population was forcibly marched to labour camps in pursuit of someone’s idea of utopia. Pol Pot’s utopia was an agrarian, communist Cambodia.

His means of achieving this was a system of collective farms. Two million city dwellers were taken to the countryside, given black uniforms and told they were now labourers for the state.

The capital, Phnom Penh, was entirely evacuated. This was a necessary step in the Khmer Rouge revolution.

Removing the urban population and forcing them to take part in the purifying work of agriculture, was supposed to create a united, classless society. culture” would give way to communist virtue.

The new farmers were not paid any wages, but there were no markets and no currency anyway. People were deprived of all control over their lives: where to live, what work to do or what goods to buy. These decisions were made by the state. Individuals’ was taken (at the same time, Pol Pot himself took possession of three new residences in the capital).

What Pol Pot had fought for had been realised. religion, private property and education, Democratic Kampuchea was supposed to rapidly develop and surpass even the achievements of their forebears at Angkor. The reality was something more awful: famine, exhaustion and executions at the hand of an increasingly paranoid dictator. By the time the nightmare was over, more than three million people (one third of the population) were dead: killed by their own government. At Choeung Ek (the ‘Killing Fields”) lie the grassy hills of mass graves, where bones belonging to enemies of the revolution still rise to the surface with the seasonal rains. Nearby stands a sombre-looking tree. It was once draped

30 The Jurist – Issue 3, 2012

Communist Party of Kampuchea’s enemies (some of them babies) were bludgeoned to death amid joyous music extolling the beauty of the revolution.

I am reminded of two things I learned at Flinders.

Berlin was a philosopher who saw the Russian Revolution and took a dim view of monist promises of utopia, which he saw as inherently dangerous. He was wary of sincerely believed in Big Plans and the things they have led people to do.

“For if one really believes that such a solution [the ultimate solution, in which all good things can coexist] is possible, then surely no cost would be too high to obtain it: to make mankind just and happy and creative and harmonious forever—what could be too high a price to pay for that? To make such an omelette, there is surely no limit to the number of eggs that should be broken... To force people into the neat uniforms demanded by dogmatically believed-in schemes is almost always the road to inhumanity.” (Berlin)

The second is something quoted in an early law lawyers” said Dick the Butcher in Henry VI Part 2. Well, Pol Pot actually did. Along with doctors, school teachers and other “intellectuals”, lawyers were sent for re-education - often a euphemism for death - after the fall of Phnom Penh. Shakespeare was talking about the role the legal profession plays in upholding law and liberty, and put those words in the mouth of a revolutionary plotting his own utopian dream. Lawyers were potential threats to Pot. I hope he was right in thinking that. May we be ready to protect the rights of the individual, and be the enemies of his oppressor. he is now working in advocacy as part of a NGO graduate program that included a rotation in

top end opportunities pia george In late 2011, I was starting to consider opportunities for my Legal Practice Management 6-week ‘placement’. I’ve spent the last few years hearing the law school lore about the attitudes of the approached by needy students. With that in mind, I was dreading the idea of the ring-around of

my university/study obligations; not only giving me frequently to complete my last subjects, but also giving me invaluable experience in both their commercial and litigation departments - while paying me for the pleasure!

However, fate had different ideas – Darwin, in the ‘Top End’. My impending, and slightly unexpected, move initially had me thinking I’d have to adjust my career goals to consider criminal placements, but – much to my relief – I was wrong! (Though it may

others elsewhere around the country - had never been approached by a law student with similar study requirements, it was great to see that they found the concept refreshing. They even suggested the development of a similar program for future graduate clerks, to ensure that students receive

the Northern Territory, Cridlands MB Lawyers, and

experiences within the law.

If you’re willing to pursue opportunities interstate,

a 6-week placement; I explained the nature of the tasks that I was required to complete, and that it was usually an unpaid placement. Surprisingly, this was but luckily they were intrigued. They suggested I come in for an interview when I was next visiting Darwin – just one week later. already from the 33 degree heat and 70% humidity, and I feared the worst. With a shirt clinging to presentation fell short of the usual interview standards.

encourage you in your studies, expose you to unique, character building experiences and throw you in the deep end jurisdictionally. You just have to take the (scary) plunge, and put yourself out there!

This has been an once in a lifetime experience to meet new people, challenge myself and develop my duck impersonation skills – by that I mean appearing calm and collected on the surface, and no-one else can see.

minutes I realized – with dread - that although I had arrived well prepared to discuss the university’s PLT requirements and my general impressions of 6-month, paid, graduate clerkship…

Through some stroke of luck, I was offered the

The Jurist – Issue 3, 2012 31

law in a scandinavian climate michael swanson Study exchanges open up the world of ‘educational experiences’ available to you. A study-related excursion in Europe may require you to travel from Norway down to Hungary, for the experience and perspective it provides to your education. If you are thinking of going on an exchange, add to your considerations that it’s a gateway to experience so much more of the world.

with your host university. For the most part, the host uni and the original correspondence. After some more thumb twiddling and your acceptance by the host uni, it is time to attempt to navigate

Unlike Australia, Flinders in particular, most other universities in the world are near things. Be it a shopping mall, a city centre or continental Europe.

An exchange is your opportunity to explore the life outside of Flinders and Adelaide.

language you do not understand. The task is great but built in google translate will aid you greatly.

After much toil and many emails to host uni staff,

The hardest part of going on exchange will always be the organistion involved. There are four main areas that you as a budding global explorer student

Unfortunately, most universities, unlike Flinders, do not take overly kindly to you living and holding

funding, the host university, and accommodation.

on the university culture, your university may assign, or allow you to apply for, on campus dorms, or may have an arrangement with private student housing for accommodation of exchange students.

If they don’t or you miss out on a place, it is time to

of partner universities that Flinders has exchange agreements with. Picking one of these will make your life easier but don’t let it limit your dream destination of study. Once you have a location picked, few agonizing months while they are processed.

While you sit at home anxiously hitting refresh on your inbox and watching the letter box, you need to be thinking of how to fund your trip. The magic around $10,000 for the whole exchange. More if you want to do some independent holidaying. Never fear, poor students, that goal is not as unattainable as it sounds. The Australian government offers OS-HELP loans, valued around the $5,800 mark. Flinders also offers $1000 scholarships to a good number of exchange students. So that $10,000 is really only $3, 200 away.

username and are ready and eager to learn.

to rent. This isn’t that uncommon, just a week out from starting plenty of exchange students studying at Copenhagen with me this semester are still searching of a place to live. you are all set to study abroad! I should know, I’ve just been through it all in order to spend the next six months riding a bike to university in Denmark.

remember: traveling to siberia can mean much more than parking in that gravel

stefania scarcella Late last year I read an e-mail regarding a scholarship opportunity to go and study in Rome

host community; joint and shared curriculum, a mid-term seminar and intensive language courses,

International Studies double degree. While I was unsure whether I would be successful in attaining such a prestigious award, I decided to shush my inner ‘always have to succeed’ self, in order for me to at least begin the journey. The application form was like most. However, I needed to get subjects approved prior to applying from both Law and International Studies faculties. As well as this, I was required to write a short essay on why I thought I deserved the scholarship, how it would broaden my cultural awarenes,s and how that development would impact Flinders. While I was passionate about the prospect of studying overseas, the fact that I am of Italian origin was a key factor in me choosing Rome as my preferred city to study in and I believe this demonstrated my willingness and passion for culture.

The leading institution in Australia is Flinders

I had made it through to the interview process; I was so excited that it might actually happen. The interview was run by a board of four important people relevant to the scholarship and I was asked questions by each of them. About a week after the interview, I was formally accepted into the project - I was ecstatic.

James Cook (QLD) are also a part of this cultural exchange. The European partners include Malmo University (as the lead institution), Jaglellonian (Poland), Roma Tre (Italy) and Utrecht (Netherlands).

The idea is that one student from each Australian university attends an EU university of their choice (based upon their application, demand for the one uni, etc) and one person from that uni comes to the Australian uni.

Now that the time has come to actually go, my excitement has turned into anxiousness and a feeling of being overwhelmed. However, I am told by many friends and family members that this is to be expected… If you’re interested in how I settle into life as a Roman student, then please read my next installment, to be featured in the next edition of ‘The Jurist’. Let’s hope I have something amazing to wow you all with! In the meantime, get onto applying for next year’s intake of the project.

This fantastic opportunity I am about to embark upon is called the EU/AU Joint Mobility Project focusing on ‘Border Crossings: People and Places.’ This project seeks to build understanding of the issues surrounding global migration, which affect both Europe and Australia. The conglomerate brings together experts in crosscultural communication, international relations, languages, development studies, history, politics and law, involving 32 students from both the EU and Australia. The project’s design involves innovative curriculum elements, a 30 hour internship in the

The Jurist – Issue 3, 2012 33

no excuses! phil white Having studied law electives overseas at the University of Leicester, United Kingdom, in semester two 2011, I can safely assure you that there is no excuse to NOT study abroad for a semester during your Flinders Law Degree. My decision to study abroad was without a doubt the best decision I’ve made in law school and any other student who has completed the program will agree. So rather than bore you with stories of how much fun I had overseas or some of the amazing sights I witnessed, I will outline some reasons why you should get off see where in the world your Flinders Law Degree can take you. If these few dot points don’t convince you to study abroad, I will leave you with the simple truth that life only affords you a few opportunities to travel. Don’t miss out on this one!

you could be here!

34 The Jurist – Issue 3, 2012

reasons to study abroad: * It broadens your own personal horizons by meeting people from different backgrounds and with different views. * It shows employers that you are outgoing, organised and not afraid to step out of your comfort zone. * It allows you an opportunity to study topics that would otherwise be unavailable. study abroad, including scholarships and a Commonwealth Government HELP debt (an addition to HECS). bulk of your study abroad for you. * You receive credit towards your Law Degree. * You get to travel!

“so, can you tell us about your work in congress?” aneta peretko In the summer between my third and fourth year of Law school, many of my friends went on vacation, completed clerkships or just took some time to relax and enjoy the break from uni. My summer was spent a bit differently. I decided to work for the United States Congress.

Three years earlier, I had started a Law/ International Studies degree at Flinders. I loved both disciplines but, like everyone else, worried about my job prospects – about setting myself apart from other Law grads. I learned about the Washington Internship Program in my second year; it is open to American Studies students, who generally come from Arts and International Studies degrees. program; I didn’t know much about American politics, I didn’t have the money, the time; an array of other excuses. But then, a friend of mine came back from an exchange abroad. Some people I knew had done the Washington Internship. And I thought, “why not me?”

Studies and creator of the program, is an endless and invaluable resource. Each intern received $3000 towards the trip from the Vice Chancellor and the Executive Dean; both avid supporters of the program, consistently donating money every year to us interns. Another grant of $2000 each came from DEEWR, and together, that money was other fees. Plus I had a part-time job and worked hard to save extra for spending.

When I got there, the opportunities were endless.

I spent time in New York, Boston, LA, San Francisco, and even Toronto. I attended committee hearings, White House, the U.S. Supreme Court, the State Department and the World Bank, and I even met Nancy Pelosi, the highest ranking female politician in American history. I had the best months of my life on Capitol Hill.

When I came back to Adelaide, I started thinking

I arrived in the US just after Christmas and spent the next two and a half months there. Most of it was spent in Washington, D.C.; the US Capitol; the political centre of the world; home to one of the greatest law-making bodies in the world.

Every morning, I woke up, got dressed, and took a leisurely stroll to work; my staff badge meant that I quickly cleared security, worked in a prestigious and professional environment, became acquainted with lobbying, diplomacy and international organisations, and got a unique insight into a part of the legislative process that really made my outlook on the law evolve into something better.

clerkships – and was offered an interview with all of them. At every interview, the Washington Internship

The process of getting to D.C. was surprisingly easy. Sure, lodging my application for the Internship was nerve-wracking. So was applying for a visa, and raising all the money I needed. But we got so much help; Professor DeBats, Head of American

The head of the american studies department is Professor Don DeBats, SSN 240. For more info on the washington internship, contact him or go to

by it. The magnitude of what an amazing, rare and individualistic opportunity the Internship is hit me.

I already have two clerkships lined up, plus work as a research assistant.

The Internship opened doors for me that I didn’t even know existed. The experience was priceless for my personal and professional development; two and a half months of travel and culture, plus a once-in-a-lifetime workplace opportunity. I cannot recommend it enough!

The Jurist – Issue 3, 2012 35

is having a uni degree grossly overrated? annabel krantz & stefania scarcella At the Adelaide Town Hall on the 11th of July, a roomful of people gathered to hear a heated debate about whether having a uni degree is overrated, or not. We were among those people, and admittedly walked in with our minds made up about the value of our degrees. Nevertheless, we were very interested to see how each side would present their case to the audience; not only would the evening be informative and entertaining, but it would provide a legitimate excuse for not doing any uni work that night, and for eating at the Sushi Train around the corner.

recognized its value, but it shouldn’t be forgotten that there are other ways to learn, such as on the job training, or vocational education. Subsequently, the debate became less about uni being overrated, and more about other learning pathways being underrated. There was no outright winner, but it was tentatively agreed upon that uni degrees are great, but that it should not be forgotten that they aren’t the only pathways to success in this day and age...

The panel of judges speaking for the proposition and commentator), Professor Peter Shergold, (Chancellor, University of Western Sydney) and Dr Lynn Arnold AO (CEO of Anglicare SA, and former South Australian Premier).

Speaking against the proposition were Professor David Finegold, Rutgers, (The State University of New Jersey), Stephen Johnston (Senior Client Partner, Korn/Ferry International) and Amanda Vanstone (former Australian Federal Minister for Employment, Education, Training and Youth Affairs).

Both sides had the opportunity to speak, and to rebut the other sides arguments. At the end, the general public was invited to have their say, and the speakers were then given a chance to respond.

From the very beginning, members of the them had four degrees and were still studying, if they truly believed that uni degrees were overrated.

Their basic response to that seemed to run along the line of ‘Uni degrees are hugely enriching, but not always necessary’. In fact, much of the debate seemed to work on a similar track; uni was excellent,

36 The Jurist – Issue 3, 2012

One intresting aspect of the evening was that a poll was taken of people’s stance on the issue at the beginning and the end of the night and then the results were tallied and presented to us.

Personally, we found the result surprising, having expected more people in the audience to disagree with the statement that uni degrees were overrated.

Admittedly, a majority of people chose to disagree with the proposition, but the margins were closer than expected. Furthermore, that a large number of people found the debate useful in informing their stance on the issue goes to show that the IQ2 (the organisers) debate program is working as it should; stimulating critical thinking among the general public. The public is invited to attend and participate in these debates live (tickets aren’t very expensive), so if you happen to be in Melbourne or Sydney, keep your eyes peeled for the next one.

Otherwise, you can wait and watch the debates that are later broadcasted on ABC radio, television and are available as recordings and podcasts online.

You should all watch this particular debate online at least!

walking for justice jemma arman There is a paradox at work in Australian society.

On the one hand, we are a migrant nation. That’s a fact. According to census data, in 2010 23% of Australia’s population was born overseas. That’s my mum, and my grandparents. And three of my housemates. And a half dozen of my work mates.

We are either migrants ourselves, or our families are, or people in our immediate circle of friends are. And there’s nothing sinister or wrong about us all being here.

How is it that the reality of our own migrant status, and also our active volunteerism doesn’t factor into public debate? This sentiment was one of the reason Welcome to Australia was started, and why I’ve become involved. The group participates in public dialogue on refugees and asylum seekers, through social media, print and television, and also through direct engagement with our elected members; sharing that all too simple message that we want to welcome the new migrants here.

People who come here seeking refuge or asylum, on the other hand, are for some reason cast in a very different light, and the ‘us’ and ‘them’ mentality kicks in. With exception to the indigenous Australians, who’ve known Australia as home for 40,000 years, most of our families came to Australia to forge a new and better life. The lure of a fresh start, or perhaps greater economic security and opportunity for the kids, attracts people from all parts of the globe. Yet, when the desparate try to

On 23 June 2012, on a wintery day in Refugee Week, more than a thousand people walked through

chaos or religious persecution, we are unimpressed.

At least, so our elected members try to tell us.

Our elected members may characterise asylum seeking as ‘unchristian’ (whatever that means) and a threat to Australian security.

for refugees, hosted by Welcome to Australia. The Premier was there, holding the banner at the front, as well as Lietuenant Governor Hieu Van Le and Young South Australian (a very funny, engaging and inspiring young lass) Khadija Gbla. Similar events were held in 10 cities across the country. What a great opportunity to share that simple message:

you are welcome here Migrants welcoming migrants. It’s not that

Yet, there are a good many of us who completely appreciate the paradox at work here and are tired of the vitriole, and of the illogical politicisation of refugee migration. You wouldn’t believe it, looking at our media output, but thousands of people across Adelaide genuinely care, and volunteer their time helping new migrant; be it by tutoring, bikes for refugees, performing in cultural festivals, fundraising or visiting detention centres. This happens every day.

The Jurist – Issue 3, 2012 37

triumphs & tragedies in north africa hannah climas The Arab Spring, a wave of revolutions and uprisings in the Middle Eastern and North African region (the MENA region) that began late 2010 and continues to rage on in some states, saw the removal of several leaders amidst calls for democratic representation and greater political freedom.

The Egyptian Revolution succeeded in removing Hosni Mubarak on February 11th 2011, less than a month after it began with a popular uprising on January 25th 2011. His removal did not signify the end of the demonstration, but the approximately 850 death toll was comparatively low. Conversely the Libyan Revolution, which began on February 17th 2011, took until October 20th 2011 to remove 30,000 death toll.

Egypt, after indirect colonial rule by the British, was granted independence on February 22nd 1922 and the bloodless 1952 Egyptian Revolution saw Gamal Abed Nasser come to power. Libya, on the other hand, suffered under Italian direct colonial during the current uprising”. Indirect colonial rule by the British did not have the same effect on the formation of the Egyptian character as direct Italian rule did on the Libyan character, where “scorchedearth tactics, concentration camps, deliberate starvation and mass execution... bordered on genocide”. “The two countries are contagious, and to an extent, complimentary. Egypt is poor with too many trained professional people; Libya has too few people and almost no expertise, but more money than she knows what to do with”.

the higher education Egypt’s dedication to higher education was in the name of regime legitimacy, and the potential positive effects were constrained by the limitations placed on student government participation and

38 The Jurist – Issue 3, 2012

the formation of student groups. This appears to be paradoxical, but Egyptian policymakers were able to avoid the problem for a long time by ensuring that “questions pertaining to faculty and student participation in higher education governance... are left entirely unattended – fuelling resentment, alienation and disillusionment in relation to both the state and higher education institutions alike”.

Higher education in Libya, however, was less of a priority for policymakers, though not one that was ignored outright. The poor quality of domestic Libyan universities, when compared to Egyptian universities, did not prevent the formation of an active student culture whose awareness of the issues faced by Libya (and the shortcomings of their government) fuelled dissent. The involvement of all facets of Libyan population in the Arab Spring revolution could be linked to higher education – “in Libya’s complex society of tribal and regional division the individual and collective changes brought about during higher education have the potential to contribute towards the transformation

the unemployment Gwyn Morgan argues “massive unemployment is not the cause, but rather a symptom, of dysfunction in the Arab world”. In the MENA region the biggest category is youth unemployment, though general unemployment is always an issue. According to the UN in 2011 global unemployment looks to continue at record high and ILO Director-General Juan Somavia maintains that “youth employment is a world priority” rather than a regional one. That being said, the fact that the MENA region was hit particularly hard by rising youth unemployment levels is hard to argue against. The need each generation has to better its situation is global, not Egypt and Libya did not differ hugely.

the urbanisation Of the two states, urbanisation was more of a problem in Libya, ironic because (of the two) Libya was much less equipped to deal with it. Contrasted with Egypt, whose rural population is made up mainly of peasants, there are approximately 140 tribes in Libya. The issue of escalating urbanisation exacerbates the problems caused by increased levels of higher education and a labour market that appears unable to cope with a rising youth population.

the role of the military One of the key differences when analysing Egypt’s success and Libya’s failure is the role that their

it easy to form a proper functioning government or, indeed, build a stable state. Allegedly The NTC in Libya is using tactics normally associated with happy while preventing any of its members from amassing personal authority”. A lack of a functioning judicial branch, the existence of wellarmed militia and a 3-month wait before elections (on June 23rd) illustrates that an appropriately encouraged generation can force political change, but that this change will require ongoing effort if it is to be long-lasting.

The Egyptian revolution lacked the intensity of the Libyan revolution, but the Egyptian state is currently suffering from internal divisions that Traditional leaders cracking down on NGOs, offers

but the Egyptian military refused to for three key reasons – sympathy with the protesters, an absence with the domestic economy as a business.

Even prior to the momentum caused by the Tunisian uprisings, the Egyptian military had voiced concerns over several domestic issues, which they saw as impacting negatively on Egypt’s ability to function to its full potential. These issues included factors in common with much of the wider MENA region (concerns about the rise of radical Islam, the alienation of youth due to high unemployment and rising higher education levels, and economic

institutions and from other Arab states that are parliamentary decisions that saw a clear majority of Islamist forces elected, combine to ensure that Egypt, like Libya, rests in a state of unease.

In this way, the differing experiences of Egypt and Libya during the Arab Spring may yet have less of a lasting effect when it comes to long-term state stability, but it cannot be denied that these two North African revolutions unfolded differently, for very distinct reasons.

Egyptian situation. The fact that a large percentage of the Egyptian military is made up of conscripts, meant that the army was unlikely to resort to violent means.

the conclusion Though this article, like my thesis, is concerned with the uprisings themselves, recent events in North

The Jurist – Issue 3, 2012 39

why law? amanda vanstone with a law/arts degree, amanda vanstone is a prime example of someone who has used her degree to do something she has become a well known australian politician, holding several ministerial portfolios in the howard government, and later living in rome for two years while A law degree seems to carry a better cache than many other degrees, which is a very fortunate state of affairs for those in possession of one.

It is not just because there is a high cut off entry to law. The entry score required after all is not an indication of capacity required to complete the degree but rather a mere cut off point to indicate the available number of places. The cache comes because laws are somewhat pervasive. Law touches everyone in a far more direct way than the subject of other degrees.

Laws are everywhere. They limit our freedoms and impose responsibilities on us. To the uninformed they seem like the web of a golden orb spider in the dark of night. So, someone with a basic understanding of that spider’s web appears to some to have knowledge that can make life a lot easier.

Even though laws are constantly changing, someone with a law degree who moves out into other them some basic understandings and skills that are extremely valuable. A knowledge of the basic and perhaps test the limits of the authority being exercised, an understanding of how the courts might interpret laws, and the basic principles applicable to our legal system form a very handy little skill set.

Of those who choose to practice law, many love rush there is a sameness to their day that becomes a burden. For my own part I believe that I could have

40 The Jurist – Issue 3, 2012

been happy practicing law for quite some time. fewer women than today. Getting there wasn’t easy.

A large panel of preselectors choose who will go into winnable positions on the Liberal Party Senate ticket. What judgements people make today I can’t say but I do believe that having both an Arts and a Law degree helped some preselectors decide to give me a chance.

In addition to being a help in the preselection process, my law degree opened a number of doors within Parliament. For example, it is much easier to get on certain committees if LLB is on your CV. In my time, what was then called Legal and Constitutional Affairs was almost solely the province of lawyers. A law degree may be just about mandatory for portfolio’s like Attorney General or Justice and Customs.

A law degree does, more than most other degrees, give an insight into how to construct and deconstruct an argument and how to clearly analyse what issues are at stake. Simple statutory interpretation teaches you how to read what something really means.

In my early days, I had the Shadow Portfolio of Status of Women (surprise surprise) and the Australian Capital Territory. The former was fairly predictable territory and the latter held no interest for anyone outside the ACT. The then Labor government wanted to introduce self government for the ACT, which up until then was largely run by the minister and department, with responsibility for Territories. Their Minister was in effect responsible.

Legislation was brought in to set up a local ACT assembly with elected members. Putting aside the arguments for and against this proposition particular, it is fair to say that very few people were interested in any of the above. But that was my job.

When the government introduced the legislation for the four Constitutional Referenda questions that were put in 1988, one question related to the “one vote one value” proposition. The legislation would have governed the state and territory electoral systems. There was just one problem; the voting system in the legislation to give the ACT self government was inconsistent with the requirements in the referendum bill.

Full of enthusiasm I marched off to tell the higher beings in my party that Labor had made a terrible mistake, there were two bills in the Parliament and they were inconsistent with each other. One would have to go... surely this was a big deal, incompetence of a fairly high order.

I failed completely. Nobody cared about the ACT. They were sure that if I was right then the ACT bill would be changed, so there was no real drama, according to them.

My own view was different. The government should be held to account for such incompetence.

Perhaps some of my more senior male colleagues many a newish opposition; they behave as though the electorate just made a silly mistake and conduct themselves almost as though they are still in government resolutely believing that the electorate will put them there next time. It is a crippling has to be wrestled out of whomsoever’s hands are gripping it at the time. So when your opponent has made a mistake you tackle them on it.

Anyway, the powers that be at the time weren’t government announced that the legislation for the Constitutional Referenda was being changed because of the inconsistency between the two bills.

It was an enormous surprise. Why Labor chose to the one governing the ACT elections, in which hardly

anyone was interested, remains inexplicable to me.

Then there was a great debate; we moved a censure motion against the government for its incompetence. I was listed as the last speaker, only to get on if there was time. The powers that be took As unfair as it was to put me last, it gave me the to eyeball these guys on future occassions and say “Look, you didn’t believe me last time... at least have a look at this”. I was right about the legislation but didn’t then have enough political or people savvy to get others to listen.

Over far too many years (I am nearly sixty) I have become convinced that knowledge of a subject matter on its own (law, medicine, engineering) is just not enough.

Kenny Rodgers may have had so much work done in search of eternal middle age that there is a plastic surgeon no longer in need of a super fund, but there is an eternal truth in one of his songs. You do need to know when to hold them, when to walk away and when to run. Having the knowledge cards in your hand is one thing, but knowing how and when to play them is another.

It would be easy to say that knowledge will come with life experience, but that would mislead. Some people just never really plug in to the real world.

Being able to read a persons face, seeing when someone has doubt, telling the difference between absolute conviction and a bluff, and being able to anticipate another persons reactions are just a few of the people skills that any successful person will need. Given that it is increasingly uncommon, the misnomer “common sense” is equally valuable.

Knowing the law is just a part of the skill set a decent lawyer or barrister needs. The degree gives degree can give you the other essentials.

The Jurist – Issue 3, 2012 41

gen y: intrepid voluntourists? sharon reid Spirited members of Generation Y are leaving their iPhones and airconditioning behind, kicking their caffeine addictions, and journeying to the furthest corners of the globe in search of authentic, off the beaten track volunteer experiences.

Swapping traditional European Contiki Tours for the unexpected wonders of working in orphanages, refugee camps and schools in the developing world, today’s young people are hungry for adventure and determined to make a difference.

Volunteer tourism is quickly overtaking luxury travel as the fastest growing sector of the tourism industry, with more young people opting to include a volunteer experience in their travel itinerary.

The phenomenon has prompted a new word: voluntourism. And according to Gen Y, it’s more fashionable than being a soy latte-sipping Melburnian hipster. Now that’s saying something.

For 21-year-old Mark Fitzgerald, volunteer trips to India and South Africa broadened his ideas of helping others, nudging him toward a career in medicine.

As a year 11 student, he spent three weeks in India, where he helped renovate a boarding house at a school in the south of the country.

“It’s given me a different perspective of what you can do and although you can’t always do the big things, you can do the little things that do actually impact on someone.

Just going over there and seeing how poor the healthcare is…it pushed me from just vaguely knowing I wanted to help people to knowing I really like the human body and I like being able to help people and that they’re two things I can combine,” he explained.

Mark was also involved in two trips to the Kalahari Desert in South Africa, where he taught

42 The Jurist – Issue 3, 2012

biology, maths and English to year 12 students in a rural school.

“In India I noticed that you can always do stuff but there’s a lot of kids who just yearn for education and to be going to school, so that really inspired me to take the opportunity to go and teach in South Africa,” he said.

Mark says that although the voluntourism model worked well for him, it’s not for everyone; “I think it depends how you treat it, if you just treat it like the orphanage is another zoo or another place where all you’re going to do is take photos and be a tourist, then I don’t think it’s really good.

“If you’re going on a holiday, I say go on a holiday and have the chance to relax,” he said.

The number of voluntourists seeking unique experiences has been steadily increasing since the 1990s, when travel started to become a cheaper and more accessible option for young people.

The 2004 Asian Tsunami also prompted a spike in the number of people travelling to volunteer, with over 30,000 International Red Cross volunteers from all over the world offering their time and skills in the aftermath of the disaster.

STA (Student Travel Australia) specialises in budget student travel and are capitalising on the voluntourism craze by offering a range of volunteer experiences attractive to young people.

Their website markets voluntourism as easy, cheap and meaningful: “Why not give something back on your next trip?

It’s never been easier (or cheaper) to have a truly unique experience!

“You may choose to help children in Africa, build a school in Asia or save the turtles in South America - the choices are endless! We guarantee you’ll have a really unique and meaningful travel

experience,” the website advertises.

work, but I think before people go they should be mindful of what they want to achieve,” he explained.

between 2007 and 2008, with a 46 per cent increase in the number of people travelling as part of a voluntourist group. This translates to an increase from 4.7 million to 6.2 million voluntourists in a year.

Marty says people often don’t consider the long term impact their volunteering is going to have on the people they’re working with.

A startling 42 per cent of these voluntourists are members of Generation Y between the ages of 25 and 34.

While Generation Y has been dubbed as demanding and impatient, their understanding of social justice issues has been applauded by commentators who suggest they’re generally socially aware, tolerant and accepting of cultural differences – redeeming features of the “iGeneration”.

Self-confessed wanderer Marty McCarthy represents the best of Generation Y. He spent most of 2011 travelling the world and, after only a brief stint back home in Australia, is preparing for his next adventure - this time in Japan.

Marty’s love of people, culture and travel has taken him to all corners of the globe, from the slums of India to orphanages in Africa, with a few stops along the way.

In India he taught in rural schools, worked with children with disabilities and spent time in a day care centre for Tibetan refugee children.

“You can’t just go in and kind of make yourself feel better, you have to go in and know that you’re doing the right thing for the people you’re working with,” he explained.

“In the short term, you’re playing with them and you’re teaching them and they’re probably having a great time and you’re having a great time too but then you leave and they’ve got to suddenly adjust to someone new who might only be there for two weeks.

“Especially for orphan children, I’m sure they’d want someone more stable in their lives rather than the odd voluntourist coming in for a week or two,” he said.

While Contiki tours continue to lure young purpose and meaning in the developing world.

There’s something that keeps drawing these adventurers back.

Perhaps it’s the Generation Y worldview: ambitious, passionate and ready to change the world.

Marty has also ventured to Africa where he worked in orphanages in Kenya and Tanzania.

He explains that while his experiences have been enriching and eye-opening, they have also prompted him to question the sustainability of voluntourism.

“It’s good that people want to help and it’s good to have that enthusiasm, especially with young people now going overseas and doing this type of

The Jurist – Issue 3, 2012 43

why travel will make you a better lawyer annabel krantz Some law students worry that taking some time off to travel will leave a gap in their resumes that potential employers will frown upon. However, there are things a person can learn from travelling that they might not learn at uni, or from working at a The trick is in learning how to turn your travel experience into work-related potential. You’re not going to win any prizes for going on about how you partied under the Full Moon in Thailand, or surfed in Hawaii for two years. What you need to do is focus on what you learned that can add to your skill set and help demonstrate your character.

There are many ‘soft’ skills that you pick up while you’re travelling. Independence, motivation, taxi drivers or market stall holders can be a lesson in negotiating, inevitable changes in plan teach adaptability, and managing your funds as you go is an inevitable lesson in budgeting and planning.

Furthermore, learning to handle yourself when faced with different cultures and language barriers will help your communication, and is an indication of how you will react in unpredictable circumstances.

All of these skills can be transferred back to a law the time your Turkish taxi driver tried to con you out of some extra money, or having to think on your feet in court might remind you of how you had to Greece in the middle of a public holiday weekend.

The other way to make the most of your travels while keeping your future careers in mind is to work, or volunteer, abroad. Working abroad can mean many different things; you could be working in a hostel, nannying, blogging, or teaching english

44 The Jurist – Issue 3, 2012

as a second language. Your job may relate to the your travels seriously (ie. by blogging regularly).

Additionally, the skills you learn will often be transferrable; for example, communication accross cultural barriers, computer skills, people skills, or a second language.

Choosing to give up a portion of your holiday to volunteer shows that you are committed to helping other people, giving back to the cultures you are experiencing, and committing yourself to learning. Make sure to include what you were doing, your responsibilities, and the outcomes.. You could also include any intangible skills learned, such as improved leadership skills, taking initiative, or improving communication skills.

Sharing your travel experiences to illustrate your skills in a professional setting may set you apart from other candidates. Intangible skills learned come across in an interview, or in a cover letter. So, don’t think of travelling as an escape from work that use travel to enhance your experiences, and in turn, your business skill set. Alternatively, this article can just set you up with reasons to give your parents when you are convincing them that taking time off to travel instead of getting a ‘real job’ is a good idea.

strange laws to In scotland, it is illegal to be drunk and in possession of a cow.

china banned Tibetan monks from reincarnating without persmission, in order to ‘institutionalise the management of reincarnation’.

singapore decided in 1992 to ban chewing gum completely. Stick to a mint.

dubai’s luxurious resorts and stunning beaches may seem like the ideal place to spend a romantic holiday, but don’t get too affectionate – kissing in public here is illegal, and many tourists have fallen foul of this law in recent years.

In salt lake county, utah, it is illegal to walk down the street carrying a violin in a paper bag.

Many holidaymakers head to the sandy beach at eraclea, italy to escape the hordes of tourists in nearby Venice. Unfortunately, those who enjoy building sandcastles can think again – it’s forbidden.

seattle, usa, so long as they keep still.

The head of any dead whale found on the streets of britain belongs to the reigning King, and the tail belongs to the Queen.

The durian, a fruit native to Brunei, Indonesia and Malaysia, has a smell so strong that it is banned from many public places in south-east asia.

It is illegal in arizona, usa, for a donkey to sleep in a bathtub.

For those who are young, free and single and enjoy jumping out of planes in their spare time, be careful if you’re in – unmarried women who parachute on Sundays can be jailed.

switzerland apartment is illegal after 10pm. It is also against the law for a man to relieve himself while standing up after 10pm.

In denmark, before any person starts a car, they must check to ensure that there are no children under the car.

Honeymooners might be best to avoid hiring a car in eboli, italy, just south of Naples. Kissing in a

A curious loophole in the laws of amsterdam, netherlands means that smoking tobacco in a public place such as a coffee shop in Amsterdam

In victoria, australia, it is illegal to wear hot pink shorts on the street after midday on a Sunday.

entirely legal.

Locals in capri, northern italy, must value their peace and quiet – a couple were arrested recently

alabama, usa

the introduction of a ban on ‘noisy footwear’.

place which states that it’s illegal to be blindfolded while driving a vehicle.

In france, it is illegal to sell E.T dolls; there is a law against selling dolls that don’t have human faces.

The Jurist – Issue 3, 2012 45

review That’s right, I gave in… I read that book that everyone is talking about – E. L. James’ ’50 Shades of Grey.’ It was only once I was halfway through that I heard the term ‘Mommy Porn’ being thrown about, but by then it was too late and I decided I would see it through to the end.

To be honest, I was anticipating an entertaining page-turner, a modernday love affair, and a step up from ‘Twilight’ (which I have well and truly outgrown by now). Having no further background other than a ‘love story with good kinky bits’ reference, I was stunned, shocked, and appalled at what waited in the pages before me. Not because of the explicit sex scenes, but rather the terribly underdeveloped protagonist, the unrealistic storyline – and above all else, the bitterly disappointing message this novel sends to all women about the value of love in a relationship.

The novel opens with protagonist, Anastasia Steele, stepping in for her friend, Katherine Kavanaugh, to interview the wealthy and powerful “multibagillionaire,” (yes, that is actually the word used) Christian Grey, for an a school newspaper article. Ana and Kate are both graduating from university in a few short weeks and Christian Grey is scheduled to deliver the commencement address. Ana shows up for the interview, and the picture of a young woman completely unsure of herself, uncomfortable in her own skin, is painted. Clumsy

In the novel. Grey seems to be intrigued with Miss Steele, which she cannot seem to fathom, so she While I do not want to give too many spoilers away for anyone who is actually inspired to read this after my review, Ana and Grey meet more times and as their relationship progresses his true character is revealed - and Ana continues to like what she sees. Essentially, Grey makes it clear he is emotionally incapable of love but perfectly willing to use capital punishment for such simple ‘offences’ as eye rolling. From there, the book spends several hundred pages detailing the implementation of such punishments, in a supposedly ‘kinky’ manner.

Grey is a quintessential predator, Ana his prey, and the plot insinuates that, for the sake of eroticism, this is acceptable. I am not sure if it is the fact that I am a law student (and therefore have a brain) or that I do not subscribe to the traditional ‘male dominates female’ idea, or perhaps a combination of both, that made me dislike this book as much as I did. But, by all means, disregard the excessive use of inverted commas needed to accurately describe the ‘romance’ in this book, and read it for yourself.

reviewed by stefania scarcella editors note: none of the (female) editors of the Jurist condone the reading of this book for anything other than literary dissection

46 The Jurist – Issue 3, 2012

review ‘one L’ by scott turow person’s experience in law school. It took quite a while (and several references published in 1977. I was very surprised; other than outdated cultural references, the content relating to life in law school seemed very familiar. It was at that moment that I realized that the institution of law schools everywhere has remained more or less the same for many, many years. have expected to hear tales of personalities clashing. Instead, from Turow’s accounts, most of them seemed to bond over their mutual terror. exaggerated. Granted, I spent about a year getting used to ‘how uni worked’ However, at HLS, things seemed to be quite different.

Excerpts from Turow’s journal show that their classes were largely similar to ours in content. The main difference lay in the method of teaching. Enter the ‘Socratic Method’ (the likes of which you will have seen in informative movies, such as ‘Legally Blonde’). Basically, this is when a teacher stands in front of the class adequately could mean humiliation at the hands of a teacher. It was this desire never to look stupid that Failure is repulsive to law students. The thought of it makes us sick. What would our days in law school be like if there was no choice but to over prepare for every class? Do every page of reading, BEFORE the lecture, and have enough coherent understanding of the material to be able to answer in depth questions about it, on the spot? Personally, I believe that this method of teaching would encourage us to be better students, and help provide us with the critical and quick thinking skills that lawyers need. That said, there is no doubt that In many respects, HLS in 1977 is no different to Flinders Uni in 2012. There is an immense pressure to do well, which is perpetuated by the students around you. Grades seem paramount, in the desire to graduate with honours. Some students will drive you crazy with their inability to know when to stop asking questions, or when to shut up. Exams drive fear into the calmest of men.

I found this book very interesting; previously an English teacher before going to HLS, Turow expresses his emotions clearly throughout the book; his anxiety, frustration, and eventual exasperation about the system but also offered a new level of insight, perhaps better suited to those already over the hurdle of admission.

reviewed by annabel krantz

recipe tiramisu prep time:

1 hour

setting time: 3 hours serves:

6 (depending on hunger)

ingredients: 4 eggs separated 1/2 cup caster sugar 250g mascarpone 1/3 cup tia maria 300ml whipped thickened cream 2 cups espresso coffee1 1 tsp cocoa powder

method: 1. Using an electric mixer, combine egg yolks and sugar in a large bowl, until creamy and pale. Fold in mascarpone, cream and coffee liqueur.

2. In a separate bowl and with a clean electric mixer, beat egg whites into stiff peaks. Fold in mascarpone/egg yolk mixture. Cover and chill for half an hour.

3. Prepare two cups of coffee - do not drink. more if needed). coffee mixture and layer on top of the cream. Finish with the mascarpone cream.

6. Chill for 3 hours. Dust with cocoa powder before serving, to give an authentic Italian look.

1 Or, if your law student budget won’t stretch so far as to include real expresso, instant coffee can be used as a substitute - although not reccommended by our Italian Correspondant, Stefania.

48 The Jurist – Issue 3, 2012

easy

medium

sudoku hard

evil

The Jurist – Issue 3, 2012 49

this way up! .116

.117 .128

.127

.118 .124

.59 .58

.123

.119 .120 .1 .2 .3 .4

.200 .199

.195

.194

.190 .189

.28

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.87 .86

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.16

.17

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.21

50 The Jurist – Issue 3, 2012

.252 .247 .243 .240.239.235 .248 .244 .234 .230.229 .225 .224 .220 .219 .215 .214 .210.209 .102 .250 ..101 100 .99

.92 .91

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Make dot to dot puzzles at picturedots.com

.53 .52

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author: anonymous

dot-to-dot

The Jurist – Issue 3, 2012 51

hall of fame: notorious aussies veronica milne although aussies are renowned for their laid back, cheerful attitudes, some just can’t

Indonesia: Schapelle Corby was famously arrested in 2004 for possessing Cannabis in her boogie board bag. She has since been in Kerobokan Jail serving time, but may soon be eligible for parol. malaysia: Emma Louisa L’Aiguille was arrested in Malaysia after police found 1kg of Methamphetamine’s in the car singapore: In December 2002, Van Tuong Nguyen was stopped at the airport with Heroin strapped to his body. He Singapore’s strict drug laws. afghanistan: Robert Langdon was convicted of murder in Afghanistan in 2009. Although being given the death sentence, Langdon is now serving a 20-year prison sentence instead. bulgaria: Jock Palfreeman is serving a 20 year sentence after being found guilty of fatally stabbing Andrwi Monov, a 20 year old law student, in 2009.

with over 7 million australians overseas, more than 200,000 of them will need help

It appears that the numbers of australians getting in trouble overseas have gained momentum over the past few years, with the sydney morning herald reporting that

let these travellers be a reminder to us that going abroad is not fun and games 100%

52 The Jurist – Issue 3, 2012

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