The Jurist 2014 Issue 2

The

Jurist

Mental Health 2014 Issue 2

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Help Fill This Space!

The Jurist needs contributors. So send us your articles, reviews, artwork, poetry, and so on — basically anything that can be printed. If you’re fresh out of creativity but want to get involved, email us at publications@flsa.org.au. We will send you ideas, grand ambitions, suggestions... the works. It’ll look great on your resume and even better on the page.

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Contents: Lawyers, Drugs and Money Perspectives on Prostitution

You’re like an Apple, I’m like an Orange Lessons from Law School

Recipies Film Review

4 6 8 12 15 18 21 22 24 26 27 29 33 34 The Jurist

Editorial Mental Health at Law School

Relaxing Things The Dark Side of Social Networking

Interview with Dr Brian Graetz Eating Your Feelings

Book Reviews Games

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Editorial

Sarah Gates Brittany Shelton Mara Morrigan Preesan Pillay

Law students seem to be assaulted with the phrase ‘mental health’ throughout the academic year. It’s bandied in New In Law, O’Week, careers fairs and guides, Mental Health Day, lectures, pamphlets, the student-wide magazine, Empire Times, and yes, even The Jurist. Sometimes it’s treated like a contagious disease; like if we’re aware of the symptoms in ourselves and others, we can avoid an epidemic.

Despite the cacophony of chatter, it’s important not to lose the message about mental health or its importance—especially in law, where rates of depression and suicide are higher than average. It can be as simple as assessing your stress levels. It can be stopping to ask yourself, are you happy? Other times it’s seeing a GP or counsellor (free for students at Flinders Health and Counselling) and being tested for mental illness.

The Publications team (with the new addition of Mara Morrigan—welcome!) would like to remind you to take your mental health seriously, to not be ashamed when either yourself or someone you know isn’t coping, but, also, to be able to laugh and joke about it—because mental health should not be a taboo.

Deadlines: Issue 3: June 30 Issue 4: September 7

The Jurist is operated and funded by the Flinders Law Students Association. Any oppinions expressed are those of the author alone and are not representitive of FLSA or the editors. Images used within are licenced under Creative Commons: http://creativecommons.org/licenses/by-nc-nd/2.0/legalcode.

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Features “Justice in the life and conduct of the State is possible only as first it resides in the hearts and souls of the citizens.�

- Plato

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Mental Health at Law School

By Robbie Peschel

W

hen people think of mental illness—they often think of the person on the street who has bad sartorial taste and ‘isn’t all-together there.’ But mental illness is an umbrella term for a wide range of illnesses including schizophrenia, bipolar mood disorder, personality disorder and, often the most familiar, depression. Mental health issues are common and sometimes develop from short term feelings of stress, anxiety, or grief. Unlike other illnesses, it doesn’t always present in a physical form and does not discriminate.

According to a 2007 survey by the Australian Bureau of Statistics, one in five people a year are affected by a mental illness and half the population will have some form of mental illness in their lifetime.

Depression at its most extreme can result in suicidal impulses or tendencies. In 2012, the World Health Organisation estimated that a million people die each year from suicide. This number does not represent those who attempt suicide and suffer permanent physical disability.

So what is depression and how can we recognise it?

Major depression may have side effects of weight loss or gain, insomnia or hypersomnia (excessive daytime sleepiness), twitchiness or slow reactions, fatigue or loss of energy, inability to concentrate, suicidal thoughts or persistent rumination on death, and feelings of inferiority or remorse. Mild cases generally cause lack of interest and enjoyment in day to day activities. In severe cases, the sufferer can almost completely withdraw from normal daily activities, thus sinking deeper into the hole that is depression. There is no known cause of depression, although it is linked to several factors: genetics, aging,

gender, illness, personality, stress and many others.

It’s no secret that law school can be stressful. In research on depression published in The Journal of the Legal Writing Institute, Professor Ruth Ann McKinney found that law students reported higher perceived stress scores than medical students. She also argued that law attracts personality types that may be disposed towards depression, particularly perfectionism and pessimism.

The majority of students transition straight from high school.

They complete their SACE with high success to attain entry into the competitive degree. Mature age students often come from other careers, aiming to transition to a new profession. It can be a shock to the system: working on assignments for countless hours, the anxious wait for those returned grades, bitter disappointment. Maybe you barely passed, maybe you failed, or maybe you thought you’d do better. Sometimes those grades or comments feel like a personal criticism. You’re not smart enough.

Not committed. Critical. Observant.

Another change, especially if you are a full time student, is the workload. It can be difficult to socialise. Keeping in touch with people outside of university and work is a struggle, potentially leading to feelings of loneliness or alienation. If you are an international or regional student those feelings can be compounded. Perhaps your family has heavy expectations and you don’t want to fail them.

You might start to feel like you aren’t coping or your marks haven’t improved. It’s likely you’re just being hard on yourself. Those self-doubts can be hard to shake. You start to stress about potential job prospects and those high achieving students. No doubt, there’s a competitive

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nature of the degree.

It’s okay to feel this way; it happens from time to time during law school—especially during SWOTVAC. Despite your high expectations, you need to remind yourself: apart from the very select few, law school isn’t meant to be a breeze. And whether it’s short term anxiety or full blown depression, it’s okay to ask for help. In fact, you probably should.

One problem with depression is the stigma attached to it. While the Australian public are better informed of depression than previous generations, there remains the idea that mental health sufferers are somehow ‘weaker.’ This is one reason a law student, who has high expectations of themselves and their abilities, to seek help if they have ongoing feelings of depression. Many will fear appearing weak or incompetent.

In 2008 the Tristan Jepson Foundation was formed to raise awareness of depression in the legal fraternity; motivated by the death of Tristan Jepson, who had suffered clinical depression. He had been a high achieving UNSW law student and graduate before committing suicide in 2004. What followed was UNSW hosting a seminar on mental illness, which included Paul Menzies QC and Paul Urquhart QC openly discussing their experiences of depression. Legal firms and universities now more aware of the dangers of mental illness and failing to recognise it.

While the stigma is still there, people are generally more open to talking about the issue. Law students, and other potential sufferers, have avenues to seek help, whether it be an anonymous hotline, a university counsellor, or a local GP.

Students are immersed by law school for at least a few years, so it is worthwhile making friends. Programs like the BreakOut Peer Mentoring program encourage this. At Flinders, you may always get involved in FLSA activities, competitions, or just engage in tutorials. There are also plenty of niche clubs and sporting groups at Flinders, from the film association, to ultimate frisbee, to quidditch with the Harry Potter club. Having a familiar face in the library can help, especially during those long nights catching up on readings or when you just need someone to see that lunchtime movie at the local cinema. They are experiencing the same thing as you; so lean on friends that understand what you’re going through.

While there isn’t a reach out program for law students specifically, there are many excellent resources that can be found online or a phone call away. If you think it might help, in any way, you should certainly pick up the phone or walk right into a centre.

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Lawyers, Drugs and Money

By Mara Morrigan

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ou are probably feeling the pressures of the law life right now! Lately, awareness has grown of how detrimental to our mental health the study of the law can be, with over 50% of Australian law students admitting to having had a depressive episode. While we are getting better at de-stigmatising the mental health issues law students and legal professionals may suffer, we remain less forthcoming about the substance abuse problems that affect many. Study after study has found that those in the legal profession have higher rates of both mental illness and substance abuse. In ‘Law Students and Lawyers with Mental Health and Substance Abuse Problems: Protecting the Public and the Individual,’ Laura Rothstein suggested that, in the legal profession, similar forms of stress could trigger both mental illness and substance abuse.

Interestingly, many drugs are now known to trigger or exacerbate mental illness; marijuana is linked to schizophrenia, amphetamine to acute paranoid psychosis, and heroin to worsening existing mental health concerns. Perhaps there is almost a circular ‘chicken and the egg’ argument as to why lawyers are so affected by the twin menace of mental illness and substance abuse.

The Florida Lawyer’s Assistance found that between 10% and 20% of lawyers deal with some form of addiction, affecting the lawyers themselves as well as their clients, their associates, the court and, ultimately, the legal profession.

Legal Culture At Risk?

Perhaps those who choose the law are naturally predisposed to suffer from psychiatric distress? High achievers may be more inclined to take setbacks badly, feeling that they must accomplish more, push harder, and

squeeze extra hours out of the day. Feeling overwhelmed and exhausted might not be conducive to anyone’s mental health or commitment to clean living.

Yet it seems that there is more at play here than the classic type A personality. Larry Dubin, a Michigan law professor, posits that substance abuse in lawyers begins in law school. His reasoning? Dublin feels that sublimating your emotions and personality, in order to react and behave in what students perceive of as a more lawyer-like manner, creates pressures that may adversely affect self-esteem, personal relationships and belief systems—as outlined in ‘The Legal Profession’s Hidden Secret: Substance Abuse.’

So could the demands and stresses of studying law be responsible? Law school certainly seems excellent in undermining self-esteem. If you are accustomed to scholastic achievement before studying law, it can be a blow to the ego to discover that you are not instantly adept at answering law assignment criteria. In the currently highly competitive marketplace faced by law graduates, there is also the pressure of achieving a balanced combination of high academic marks, extracurricular activities and appropriate work placements. When does this leave time to sleep? It’s possible that in such a pressure cooker, caffeine may not be the only overused substance when major assignments or finals start to loom. Lack of time, clarity and self-worth all conspire towards destructive choices and seemingly quick fixes.

As demonstrated by Gerald Boston in ‘Chemical Dependency in Legal Education: Problems and Strategies,’ law students report increasing their use of both alcohol and drugs while at law school. However, it is difficult to find specific awareness programmes or campus help for those needing it—at any Australian university. As students become practitioners, it becomes harder to seek help

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‘It’s possible that in such a pressure cooker, caffeine may not be the only overused substance when major assignments or finals start to loom’

since reputation and ability are perceived to be at stake.

Rake makes for great TV, but very few law practices or their clients would employ the services of his unreliable emulators.

Restoring Balance University can be a time of experimentation, but those feeling the pressure of stress and demands of high performance may be more susceptible to drugs which help them worry less by thinking less. If you have found yourself dabbling in recreational usage, things like managing your schedule—even to the point of being in bed at the same time each night or scheduling regular exercise and meals—can help to create a routine that maintains health and energy levels. You can also do things you enjoy, with good people, in places or situations that don’t serve alcoholic drinks or altered states. All of these things could prevent the need to fall back on stimulants or relaxants.

Helpful Resources: Flinders Student Counselling Service - 8201 2118 Lifeline – 13 11 14 https://www.lifeline.org.au/ Get-Help/Facts---Information/Substance-Abuse--Addiction/Substance-Abuse-and-Addiction Australian Drug Information Network - http://www. adin.com.au

However, drug addiction is a serious issue which cannot be fixed with small changes such as soothing baths or yoga practice. Addiction and abuse of drugs affects your study, work, interpersonal relationships, health and future.

If a liquid, pill or powder has become a necessity to get through stressful times, it’s a good idea to talk to someone.

Seek out the assistance of dedicated professionals who specialise in treating addiction and be prepared for the investment of time and effort the solution will entail.

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Directline – 1800 888 236 (24 hour counselling, information and referral service)

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t Minter Ellison, we invest in our people. Your growth is our growth; your success is our success. We’ll support you to advance your career and help you to develop the legal and business skills needed to become a ‘trusted adviser’ to clients anywhere in the world.

Our lawyers become innovative thinkers, strategists, and tacticians. As one of our lawyers, you’ll be part of an elite team – closing deals, resolving disputes and solving problems.

Clerkship Program The selection process for our clerks is designed to be informative and interactive. We want to ensure that this important decision making process is two-way, enabling us to find out more about you, and you to decide whether our firm is right for you.

Our vacation clerkships run for 8 weeks over summer, and offer you real life work experience. A comprehensive induction program and learning on the job will help you build a foundation of skills fundamental to your legal career.

You will work closely with partners and lawyers on active matters. Clerks are allocated two supervisors, usually from two different practice areas who help you to manage your workload, and a ‘buddy’ for extra insight and advice.

Practice teams Practice teams in the Adelaide office are: •

Commercial Litigation

•

HR & IR (including Workplace Health & Safety)

•

Insurance & Corporate Risk

•

Workers Compensation

•

Real Estate (including Property, and Environment & Planning)

•

Financial Services (including Insolvency)

•

Corporate (which includes Energy & Resources; Major Projects, Construction & Infrastructure; Regulatory & government etc)

•

Corporate Advisory (including Tax, Superannuation & Estates)

How to apply To apply please visit the careers section of our website at www.minterellison.com/careers . Only applications made through our online recruitment program will be considered.

Our clerkship program serves as the main pipeline for our graduate program. It is a great way for us to get to know you better and for you to find out if Minter Ellison is the right place for you.

Key application dates

Graduate Program

Offers of clerkship: Tuesday 9 September 2014 from 9.00am

Graduate positions are, in general, offered to selected current summer clerks at the conclusion of their clerkship in late January each year. A few additional graduate positions may be offered during the year as needed.

Applications open: Friday 4 July 2014 Applications close: Monday 28 July 2014 at 5.00pm Interviews commence: Tuesday 12 August 2014

Offers accepted/declined: Wednesday 10 September 2014 from 9.00am

Additionally we offer a number of PLT placements for March, June and September, usually to students who were selected to be interviewed for a summer clerkship but were unsuccessful. Our summer clerks, graduates and our PLT students take part in our Graduate Program which provides tailored development and training in technical and commercial skills.

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By Amber Hall

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Perspectives on Prostitution

By Will Parry

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conversation about the pros and cons of any topic is always heavily influenced by the participants’ understanding of facts and personal experiences. It is important to realise that everyone’s perspective on prostitution (or sex in general) varies due to what individuals have heard, read, considered, or experienced firsthand. For instance, in a debate on prostitution it is likely that a feminist may have a different opinion than a man dependent on prostitution for sexual gratification, which may be different again from the father of a sex worker. But at least most people agree on the relevant definitions: •

•

Prostitution/Sex work: The selling of sexual favors; including intercourse, oral sex or another action requested by the client Client/John: The buyer, or potential buyer of the sexual services of a prostitute or sex worker

Different Angles A good way of identifying pros and cons of legalising prostitution is by viewing the discussion from different perspectives.

A ‘Right-Liberalist’ Pro-Legalisation Perspective Governments criminalising prostitution is a direct violation of a woman’s natural right to commercialise on her assets.

By restricting these rights, the oldest legitimate business, prostitution, is forced underground to be run by thugs and mafia-like organisations. Furthermore, the rights of the women who choose to practise prostitution are drastically diminished. When treated unfairly, violently or trafficked, these women are unlikely to seek support due to the stigma resulting from criminalisation.

Therefore it is in the best interests for the industry to be legalised so that it can be taxed, regulated and supervised

accordingly. This would ensure that women have a legitimate option to exercise their rights in a free and open society.

Germany decriminalised prostitution and now can be seen as a sex capital of the world. John R. Lott Jr. estimates in his book that 400,000 sex workers service roughly 1,000,000 clients each day in Germany and, between 2003 and 2010, the rape rate decreased by 10%. During that same period in Sweden (a country without any authentic prostitution stats due to stern criminalisation) has experience an increase of roughly 250% in reported rape.

A ‘Feminist’ Perspective There are obvious and varied effects on the two genders when sex is concerned. There are a greater number of male clients and more female prostitutes. This may be due to the already existing disparity of the incomes of men and women, or a patriarchal gender imbalance.

Anti-Legalisation By legalising prostitution, a society is essentially telling male citizens that it is okay to take power over women. Women become little more than a commodity to many people, and the work of feminists and gender equality activists around the world is undone. Sexism and sexual harassment becomes rampant.

Pro-Legalisation The mixture of illegal prostitution allows for a culture where horrible things happen to women. Women are sold and often completely enslaved into a lifestyle that has unimaginable consequences. The market demands for workers to service the sexual desires of their clients. In a criminalised society, such markets operate with little to no government oversight. Legalisation would allow a more stable and accessible forum for women to remain safe and openly discuss issues associated with prostitution.

Furthermore, the role of women in society might change;

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it is possible to remove the stigma of sex workers and eradicate the stereotype of ‘whores.’

A ‘Hippy’ Anti-Legalisation Perspective Love should be free. Involving money in lovemaking would have detrimental effects on humanity, much like chemical waste has on healthy ecosystems.

A ‘Utilitarian’ Pro-Legalisation Perspective It is hard to know for sure which course of action would maximise human happiness and decrease suffering the most. Surely the policy approach will have to vary depending on the culture, history and current laws within the community under scrutiny.

Generally, however, the ability to incorporate quality controls into prostitution through mandatory checks and balances is a sure way of identifying sexually transmitted diseases and infections. Government agencies would be able to respond to complaints or unsafe OH&S reports. Also the funds raised from legalised prostitution could be used to progress a community. Those who seek to avoid criminals and dangerous places can do so in licensed venues.

The law will be able to accommodate a structured industry which can protect the labour rights of women in the sex industry.

A ‘Pragmatist’ Pro-legalisation Perspective Margo St. James, founder of COYOTE, says: “Well, that’s the big taboo: Sleeping with men for money. It’s perfectly legal… for a woman to have sex with anyone she chooses, at any time. But the minute five cents changes hands— then BOOM! She’s a whore, and she goes to jail. It’s

ludicrous.”

Sex should be only about consent.

A ‘Realist’ Anti-Legalisation Perspective Anastasia Volonsky from Colorado Lawers of the Arts points out: “Behind the façade of a regulated industry, brothel prostitutes in Nevada are captive in conditions analogous to slavery. Women often are procured for the brothels from other areas by pimps who dump them at the house in order to collect the referral fee. Women report working in shifts commonly as long as 12 hours, even when ill, menstruating or pregnant, with no right to refuse the sexual act for which he has paid.”

Even in a best case scenario where prostitutes get tested weekly for infectious diseases, the spread of STDs and HIV will still be rampant within a legitimate brothel. Jeffery J. Barrows points out that it takes 4-12 weeks to test positive for HIV; during this time a prostitute could potentially infect up to 200 clients before being aware of their own HIV status.

The attitude of a country’s youth would be affected by legalised prostitution. Young girls that would have otherwise aspired to be a successful entrepreneurs may instead end up aspiring to be a high end escort. Young boys may lose vision of a productive career pushing the boundaries of positive industries, and instead dream of becoming a pimp.

Finally, by legalising prostitution, there will likely be a boost in the industry, but the problems may well remain. STDs, gender based degradation, and human trafficking will all still present problems. Legal brothels will be allowed, but due to the need to record client details for health reasons, many clients may feel uncomfortable using legitimate brothels for fear of being discovered. Illegal brothels will still operate regardless of licensed venues. Due to increased popularity of the industry, it could be safe to say that, until society and

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Current Law in Australia The legal definitions of these things may vary from state to state within Australia, as well as the illegality surrounding them.

For instance the law in South Australia prohibits the following: •

Procurement for prostitution

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Living on the earnings of prostitution

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Keeping and managing brothels

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Permitting premises to be used as brothels (a premises to which persons resort for the purpose of prostitution)

Under the South Australian Summary Offences Act, the penalty for these offences range from maximum $750 to $2500 fine, or six months imprisonment. The actual act of private prostitution is not expressly legislated on, however a man offering payment for sexual services could arguably be charged under procurement for prostitution or a woman receiving money for sex under section 28.

South Australian laws are sufficient in showing an illegalised, albeit decriminalised, side of the law. This law provides a defence for alleged prostitutes.

The Australian Capital Territory’s Prostitution Act can easily be interpreted to allow prostitution as a legitimate occupation, however soliciting and procurement is still illegal. Legislative review was commenced recently looking into the current stance of Canberra on the prostitution debate. Attorney-General Simon Corbel assured the media that there will be “little change to the status quo” in relation to this review.

The most liberal Australian state with regard to prostitution legislation is New South Wales. There is a framework for brothels to acquire a license to operate, their Summary Offences Act allows for licensed owners of brothels to be exempt from prosecution for the regular charges of procurement or living off the proceeds of prostitution.

This legalisation has allowed for the business to operate in full view of society, if it wishes. However, ABC in 2009 reported that illegal brothels in Sydney outnumber licensed operations four to one.

‘It is important to realise that everyone’s perspective on prostitution (or sex in general) varies due to what individuals have heard, read, considered, or experienced firsthand’

Conclusion It is clear that there are many issues surrounding prostitution and its legislation. However, these factors should continue to be discussed and reviewed to best develop a system that protects vulnerable people, moderates discrimination, prevents health concerns, minimises crime, and is financially just.

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Relaxing Things

By Sarah Gates

The time will come in your law degree when it will all be too stressful. You’ll need a break. Your hands will be shaking/ sweaty/cold/numb and you’ll need a way to calm those frazzled nerves. When that time comes, remember this list of useful and easy ways to relax the body and refocus the mind.

Food/Drink

The Colour Green

Repetitive motions

Colour psychology is not an unfounded hippy trend.

Green is a relaxing colour. You know how a walk in the great outdoors is said to relieve stress? Well it’s not just about that fresh air. Looking at green plants is therapeutic and experiments suggest that even staring at a green wall is helpful. If you have trouble concentrating on that 400 page case, reading it from a green background or placing a transparent sheet of green paper over the material can aid one’s ability to read quickly and comprehend the content.

Are you one of those people who stress clean, or bake to relieve stress? As it turns out, this can be a good thing for your mind and body, as well as your house, stomach, and family/housemates. Performing repetitive motions can help ease the mind.

Yoga/Stretching/Deep Breathing For many of us, these stressful times occur hand in hand with long periods of sitting; often with bad posture.

Use your body for something positive. Do some basic stretches, release the tension, and don’t forget to take deep breaths. Slow and controlled breathing can help reduce blood pressure and heart rate. If you need that extra step, try meditating while you’re at it; clear your mind and let those anxious thoughts float away.

Play Doing something fun is a great way to relieve stress. Just make sure you leave the stress and destructive thoughts at home. Play with a pet or child, throw a ball around, get on the local swing, or have sex—if you’re still thinking about that case, you’re doing it wrong.

Revert to your morning routine Repeating your morning routine can send signals to your brain and automatic processes; namely, the expectation that you’re starting the day. Is it that midday bump?

Freshen your mind by brushing your teeth, having a shower, washing your face, taking a bathroom break.

Splashing water on your skin, especially in key areas, can cool your major arteries—affecting your entire body.

Take a break and eat some decent food or drink some water. This doesn’t mean snacking on junk food that will give you a fifteen minute sugar high. Make sure you eat and drink that which will revitalise your body and mind: fruit, veggies, meat, nuts, water.

Find a different type of activity It can be as simple as daydreaming; a happy and creative visualisation is good for the mind, whether it’s a marriage proposal from person x or a lottery win. Alternatively, maybe sudoku or crosswords are your thing? They require concentration, so you won’t be thinking about the stress. But it’s also variety and a switch in mental skills to refresh those analytical or reading comprehension skills for that case later on.

Hug someone—pet or person Hugging releases endorphins and endorphins make you happy. Happy people don’t kill their husbands (thanks Legally Blonde for that memorable, if slightly adapted quote). Seriously though, hugging for an extended period—about 20 second—releases endorphins and serotonin which release pleasure and counteract pain, depression, stress and anxiety. Find a significant other/ friend/family member that won’t complain, and hug them senseless. Alternately, find a furry friend for maximum cuteness.

There’s always something you can do to relax; even if you take just 60 seconds out of your day. These activities can revitalise your body and refocus your mind so that you can be more productive, and less irritating to everyone around you. Over time, you will discover the techniques that work best for you. But either way, keep trying new things to help your brain relax. Life’s too short to live it stressed and anxious.

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The Dark Side of Social Networking (and a little bit of light)

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his article will delve into the dark side of social networking. It is relevant to law students and professionals alike. You will already know of some hazards addressed below; a few will give you pause.

The culmination of law school should be outstanding grades, numerous extracurricular activities, and quality work experience. But when it comes to securing that ever-elusive job, what if a simple Google search could mean the end of your career – before it even begins?

The basics, again…

Let’s cover the basics again, really quickly, just in case you missed them the thousands of times they’ve been said before. It should be noted that this article applies predominantly to Facebook, Twitter, and Instagram as the three most popular social networking platforms on the market; although it may be relevant to any other online activity. I don’t even need to mention Tinder, right?

By Andrew Sterling

terms of ethics and privacy, but none of us should be naïve enough to think it doesn’t happen every day.

Now, let’s delve into the more complex reasons. Have you heard of ‘people search engines?’ These programsindex individuals by name, and harvest their social networking contentfrom numerous sources such as Facebook, LinkedIn, Twitter, Google+, blogs, business review pages, and others.Users have no control over this process, so removing accounts or content still leaves residual listings—some of which have cached content you may wish to hide. One example of these search engines is PeekYou—one of the most popular American sites on the web, with an Australian equivalent under the same name.

Also, consider the hugely popular addition of geo-tagging to most social networking platforms. Suffice it to say, there are some bad people out there! What if you want to practise criminal law, but your routine, movements, house location, popular hangouts, and much more is easily discoverable online? Need I say more?

Most importantly, regularly check your privacy settings and ensure that only your friends can see the content of your profile. Obviously, avoid posting overly provocative photos on any social networking platform.The same goes for excessive partying and, certainly, illegal activity.

As law students, and later as lawyers, you should be constantly thinking about the image you are portraying to the marketplace.

Unscrupulous owners of adult websites have also been known to find provocative or just attractive photos of young women and men, and then simply add text and links to these photos. Your face could end up as an advertisement for a pornographic website. This is not uncommon. Similar situations occur every day, in every country in the world, and they can take years to resolve; if they can be at all. Still not convinced? Search online for the ongoing story of Hunter Moore for proof of this activity.

Why so paranoid?

This all points towards some simple advice: hide your profile from the general public. But it would be safer to avoid making this content available in the first place.

Have you ever had a falling out with a friend but forgot to ‘unfriend’ them? What if you secure that dream job and

Firstly, I suspect that everybody knows recruiters will look at your social media profile before requesting an interview or making an offer. Sure, it’s questionable behaviour in

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your boss asks to be friends with you online? Can you realistically ignore such a request? Do you have time to search through years of status updates and thousands of photos to ensure your profile is safe to allow them in?

Remember, those people have access to your profile and everyone knows how to take a screenshot. It only takes a split second and suddenly a faux pas can’t be hidden, despite your best efforts.

So what can I do?

Think carefully before posting, and then think again.

Also, avoid social media when drunk—if you can manage it. Now would be a good time to peruse your old posts and delete those with which you are no longer comfortable.

I personally advocate using an alias in any online activity except those which are purely corporate or academic in nature. The same goes for profile photos, since even the tightest privacy settings can’t hide the main profile photo on Facebook. A photo of a puppy is safer than your own face. The use of aliases includes seemingly harmless activity such as posting reviews about a company. After all, what if you post a scathing review for bad service, but that company happens to become a client? Human resources will probably find it.

Ask yourself honestly, “Do I really have 2,500 friends?” If you do, congratulations! If not, remove people you don’t really know from your friends list. The massive number of friends you have is no longer a matter for pride like it has been in the past.

After locking down your privacy settings, it’s a good idea to Google yourself to locate any forgotten internet material you don’t want visible. This is as simple as typing “FIRSTNAME SURNAME” ADELAIDE into Google (with the quotation marks) and checking what comes up. You can repeat this search while substituting “Adelaide” for any other relevant word, such as the name of your school, or somewhere else you have lived. If you find content you would rather wasn’t online, email the site owner and politely request they remove your name or photo. Don’t forget to include the link to the page.

You can also request that Google removes cached material which is no longer visible on a site. A simple search for “removing personal information from Google” will yield easy-to-follow instructions. Similar options are available on other search engines as well.

Practical applications Now that I’ve (hopefully) instilled a little reasonable fear in you, I urge all law students to remember the immense benefits social media can offer. I don’t mean those awesome cat pictures, but rather the benefits for your university life and the practise of law.

Facebook, however distasteful some of you may find it, is just too useful to overlook. Not only is it an easy way to communicate with your university peers, there are a number of useful and informative news feeds, pages, and groups. One group of particular note is called ‘Con Law in the News’ where senior practitioners and academics regularly post and discuss news articles relevant to constitutional law.

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‘I urge all law students to remember the immense benefits social media can offer. I don’t mean those awesome cat pictures, but rather the benefits for your university life and the practise of law.’

LinkedIn is another fantastic tool to connect with your peers and practitioners from around the country. Similarly, this platform offers many specialist groups for discussion and is a great way to build your online resume where it can be seen by those you want to read it. Just don’t forget to adjust your public profile settings on here too.

In terms of usefulness in the practise of law, I have recently heard of two situations where social media came to the rescue for a lawyer’s client, in almost identical circumstances.

The first concerns a criminal matter. The defendants had been found guilty for violent offences against another, yet their remorse was convincing. On arriving at the court for sentencing, the prosecution submitted a printout of the defendants’ Facebook profiles where they had boasted about their actions, demonstrating a complete lack of remorse. More damning, was that the posts had been published only the night before. Let’s assume sentencing did not go well for them.

his ex-wife of reasonable child support.

These are just two of many examples where social media can be incredibly useful in the practise of law. The lesson to take from it is, remember to think outside the box when analysing a legal problem and not to forget the recklessness of others in their use of social media. It may just be the key to resolving a dispute in favour of your client.

But more importantly, don’t let it be you who gives a similar demonstration of online stupidity.

The second case involves a child maintenance dispute.

The ex-husband was unable to afford child support for his four young children, or so he claimed. As a result, his ex-wife was struggling to support herself and the children on a single parenting payment. A mutual friend drew the woman’s attention to her ex-husband’s Facebook profile, which was freely visible to the public. His profile contained posts boasting of his latest expensive purchases and smugly congratulating himself on “screwing over” his exwife, apparently out of pure spite. The man was funnelling his income through family members so his reportable income appeared to be negligible—effectively depriving

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You’re like an Apple, I’m like an Orange

By Michael De Pierro

‘Do not compare your progression through law school to other law students’.

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here are many challenges to first year uni— especially learning the basics of legal reading, writing, research and communicating. But the most practical hurdle is the fact that we have almost total freedom and, with law school in particular, very few contact hours. This freedom means, for the first time in our lives (for those studying directly after year 12), we must determine how we each learn best.

This article addresses how law students developing their learning styles is an individual process. Students must not, however instinctual, compare their progression through law school to other students. One must understand that there is a difference between competing with others and attaining an understanding of the law to be able to find work in the legal profession.

Although law is a competitive industry, however, this attitude is not conducive to learning at law school.

It promotes keeping up with your peers, but may consequently throw you off course in your learning. The reality is that there is not, and should not be, competition between law students when it comes to understanding the content throughout the degree.

It is understandable that most people cannot help but compare themselves to others. This is especially true when we are exposed to people that are, let’s say, more open to communication and perhaps even boasting about their thorough understanding of a particular topic or their high grades on an assignment.

Instead, you should compare your current progress to your own grades from last semester or last year. In order to address this, an amount of independent learning and

study is important to discover and develop your learning style and the best way to approach content is for you.

We all have different learning styles; usually a mix of visual, verbal, social, logical, aural and/or physical. It takes time and a little experimenting to find and embrace your own particular learning style. But identifying it allows you to maximise your understanding of the content and the speed at which you develop knowledge. It is also important to develop your preferred learning style and expand it, so that you are not limited to one comfortable way of approaching content. Some of us may better learn by discussing topics with other students, while others may learn better by rereading and rewriting assigned texts and lecture notes.

Finding inspiration from other law students is healthy, so long as this inspiration generates positive learning— and you can improve your learning based on how they approach their learning. This contrasts to a student thinking themself a failure and having negative thoughts such as ‘I’m never going to understand this as well as he/she is’ or ‘they’re going to find a job as soon as they graduate while I’ll be unemployed for years.’

So work out how you best learn and do not compare yourself or your grades to your peers, especially when you are being introduced with new and daunting law concepts. Also understand that, when law firms are hiring, grades are not everything. Your personality, extra-curricular activities, and ability to communicate may well be the difference between unemployment and employment.

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Lessons From Law School

By Jo Thomson

“I really think I missed a few chapters in the guide to everyday life.”

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have heard many people make statements like this; whether they over-estimated the battery of their phone, forgot what they walked into a room to retrieve, or dressed for summer when intending to visit the Law/Commerce courtyard in autumn.

I, personally, think of the mangled figurines that eventuate when I try to rewrap paper-packaged ham.

The fear that comes from having to open a carton of milk in front of a ten year-old, knowing that the skill of opening said carton was only attained in near-adulthood; until then, ninety percent of attempts resulted in scissorintervention. Certainly the time I dislocated my arm on the second rung of a training rock climbing wall comes to mind almost effortlessly.

Test me on ‘stress-smartness’ and I will perform poorly.

Give me a reading comprehension task, and might do all right. Teach me the topics necessary for a law degree, and something magical might happen. We all know that law studies provide valuable experience in areas such as research, analysis, and writing; but I am starting to feel that I am finally filling in some of the blanks.

Doubtful? I will let the examples do the arguing here.

Lessons I have learned at law school

•

‘Granger’ and friends, be wary.

They *might* be re-offending criminals (thanks for this Rhain, in Issues in Criminal Law). An understanding of criminal law gives me the opportunity to yell at the television when a cop show mentions an incorrect penalty. However, I am hopeful that it will be of greater practical use in the future.

•

A proposes to B. B accepts, but later breaks off the engagement at a family gathering. As A and B wrestle over the ring, it falls into C’s waffles. C swallows the ring, and sadly at that moment, has a fatal heart attack. D, a doctor, successfully retrieves the ring from C’s body.

E, C’s next-of-kin comes forward, wishing to claim the ring, along with A, B, and D. Who has the best claim?

(Fictional problem I created, inspired by the topic Property, Equity and Trusts).

On a less serious note:

•

Conduct your money-making ventures carefully:

If you intend to exercise your gold-detector, choose a location where you are permitted to do so, or you might make the sad discovery that the gold is not yours (Waverley Borough Council v Fletcher).

Refuse to take on the following case (it seems too hard, at this point at least):

Beware of the ginger beer.

I did not need law school to alert me to the dangers of alcohol, but to think that I once considered consuming ginger beer! I don’t care how gourmet snails are, I am not convinced any beverage should contain their unexpected crunch. Probably not a good drink to buy a date.

Donoghue v Stevenson

•

Wish to ride your bike around that bollard through that narrow path in the dark? You might like to reconsider.

The warning crosses my mind whenever I walk along that alleyway, despite having neither a bikenor a desire to ride it there. But if I did, it probably wouldn’t be a good idea to take on a voluntary assumption of risk given my history with adventurous activities (Carey v Lake Macquarie City Council).

•

If you happen upon Harry Potter, Ron Weasley,

Sifting through the seemingly endless readings, and their sometimes unique and amusing facts,it is easy to forget that I am reading about real-life. These cases provide but a snapshot of the events that have a great influence, for better or worse, on people’s lives. I can often see lessons within them, and hopefully if I follow them, I won’t be remembered by future law students as “the defendant with the same name as the villain in Oliver Twist in a case about contemporaneity” (Fagan v Police Commissioner). Although in my case, it would likely be “the defendant with the same last name as half of the legal database.”

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Interview

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Interview with Dr Brian Graetz Beyond Blue General Manager of Research and Child, Youth and Families

W

hat would you say are the biggest mental health issues facing university students today? How do stress and mental health issues have an impact on a student’s study?

The most common mental health issues faced by young adults are depression and anxiety.

The stress people experience is actually quite useful in a lot of ways, as it motivates you to get things done. For a lot of people, last minute deadlines can be quite motivating.

When it’s really chronic stress, that’s when there’s a problem. Some people can moderate this and become better at planning. You might not necessarily leave things to the last minute; instead, you might plan some study time and do some timetabling. Those study plans are pretty useful for reducing stress. Tools for managing exam pressures are also useful. In addition to this, it’s good to be aware of your self-talk. We can’t control our feelings, but we can look closely at our thoughts—are they selfdefeating? Some people really struggle with this, as they are always loading themselves up with negative thoughts (e.g. “I’m no good at exams” or “I’m terrible at parties.”)

Is it common for students to experience stress when transitioning from high school to university, or from work back to university? How can students manage and reduce this stress?

The high school community acts as a sort of safety net, as it is monitored closely, and high schools work closely with parents on emotional wellbeing. At university, on the other hand, it is expected that students will be more independent and stand on their own two feet.

If a student doesn’t know anyone at university, one challenge may be establishing a social network. You should actively take up opportunities and especially those events that extend the social circles. A lot of people feel fairly isolated in these situations, so it’s good to branch out and increase your networks. That, and being able to say when you are struggling, is important. It’s hard for people to say “I’m not doing well,” but it’s important to get help when you need it.

‘It’s hard for people to say “I’m not doing well,” but it’s important to get help when you need it.’

Any point of transition in life will bring challenges. The main one is the transition from high school to university.

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‘The stress people experience is actually quite useful in a lot of ways, as it motivates you to get things done.’

What are the common signs that someone is suffering from a mental health problem like stress or anxiety? What is the best way someone can help a friend who is in this situation?

For anxiety, the signs depend on the type of anxiety. For some people, it’s feeling on edge all the time and worrying about things at a level that isn’t reasonable, and being overly fearful all the time. For others it’s their behaviours, as they might avoid social situations. If they’re worried about their peers or friendship networks, they might avoid people. A lot of it is that they’re simply not coping with life.

It’s good to get helpful advice and support from peers.

The best thing is to listen and don’t be judgmental.

Everyone is going to be stressed and anxious at some point. First, don’t shut them off while they are speaking.

Second, show some empathy, and don’t minimise what they’re feeling. If they’re telling you they’re overwhelmed, acknowledge this and accept what they’re saying. Your job is to provide a friendly ear.

It is important to also know where more help is available— be that a website, or a support service at university. You could also go along with them to a health professional.

However, not everyone needs this. Sometimes all you need is a sympathetic ear.

is useful. This can be done online; you can access programs to assess and explain the patterns between how you think and talk about an event.

We have an online website called The Desk which has thinking skills and stress management skills which young people can access. About 80,000 have accessed the site Australia wide. There’s not a lot on this website tailored around university life and it’s not online counselling, but it provides some basic stress management skills and tools which suffice for a lot of young people.

How can students prevent themselves from becoming overly stressed, anxious or otherwise affected by mental health issues during university?

Make sure you keep up your friendship networks.

Understand your emotions and helpful ways of managing stress, and most importantly, don’t be scared of talking to others when you’re not coping well. A lot of the other stuff is basic: don’t use drugs and alcohol too much, exercise, keep regular sleeping patterns. These sound like mothering statements, but they are really important.

It’s not rocket science, and a lot of it is common sense.

What are the treatment options for anxiety and depression?

Generally the talking therapies are the first choice. This might be basic counselling about managing the demands of uni life, and living independently, finding work, and managing assignments. The counselling might be for stress. If it’s anxiety, generally cognitive behaviour therapy

Originally published in the FLSA Careers Guide 2014. Come by the FLSA office to grab a hardcopy, and keep an eye out for the online version on the FLSA website.

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Eating Your Feelings

By Lauris Buckley

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s the end of the summer holidays drew nearer and nearer, I finally got around to clearing my desk of last year’s mess—okay, it was more so my mother would stop repeating “a clear space, a clear mind” every time she visited. It was like unwrapping a present, under all those textbooks and topic guides I began to see the white desk that lay beneath. In the process of clearing I found three empty packets of Pods and a family sized pack of Doritos, with a few crumbs spilling out. How could I have eaten that much over the exam period?

And this trash didn’t even include the many McDonald meals I’d consumed at 2am. In the harsh light of day I realised that I couldn’t keep doing this at every deadline and exam week. I vowed that this semester would be different. The freshman-five was creeping into the freshman-‘oh yeah, I’ve put on a little weight since high school.’ Whenever the pressure was high, I reached for the junk food.

With a law degree being one of the most stressful things you can undertake at university, it’s no surprise that I succumb to ‘stress eating.’ Although short term stress can put us off our food, chronic stress can have the opposite effect; causing us to delve for spoonfulls of Nutella late at night. It’s all down to one hormone that’s released at times of stress: cortisol. It gives us the fight or flight response but, when released for an extended amount of time, the hormone urges us to reach for comfort food loaded with fat and sugar so we have enough energy to keep going.

Even worse, at times of chronic stress, the extra calories are deposited to your flabby belly, so the liver has easy access for urgent energy conversion. That’s a double whammy! Funnily enough, the high sugar and fat content of the foods do make us feel a better. They signal to the brain “We got this! We have enough energy to survive the apocalypse, chill out.” But it’s a catch 22; not only is eating like this is not good for our health, but often the

guilt sets in and we feel worse for pigging out on a KFC Ultimate box meal.

There are ways to combat this vicious cycle; ways to feel satisfied whilst keeping your body nourished for those hectic last few weeks of term.

Number one is eating breakfast. Yes, we all know that it’s bad just grabbing a coffee when you arrive early at university. Those liquid meals don’t get our metabolisms going, whereas a hearty breakfast tart will!

Drinking plenty of water is essential every day. Thirst can be mistaken for hunger, so fill those water bottles up and get sipping.

Get some veggies down you. Packed full of goodness with low calories but enough energy, reaching for a carrot stick will make a big difference; reaching for a packet of Shapes will not. Even better—try dipping carrots in peanut butter, which is packed with fats and protein. Just what the brain needs.

Start planning. If you know you’re going to be up late finishing (or starting) an assignment that’s due the next day, throw something into a slow cooker. It can cook while you study and you’ll have a satisfying meal when you’re ready for it.

Lay off the energy drinks. It’s extra calories you just don’t need. Have a coffee instead, it boosts your concentration and tastes delicious!

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Try out these handy recipes…

Breakfast tart (make a batch on Sunday, ready for the whole week) 5 slices of ham 5 eggs (free range) 5 halves of cherry tomatoes 5 slices of mozzarella cheese Preheat oven to 180°C. Line muffins trays with small squares of baking paper. Place slices of ham neatly in each muffin hole, making sure the slices are flat and have no holes. Whisk eggs together and add to each ham-cup, distributing evenly. Place half a tomato in each, add a little salt and pepper and top with a mozzarella slice. Bake in oven for 1520mins. Wrap individually when cool and store in the fridge.

Slowcooker Stew (2-3 serves) 500g diced beef 1 onion 2 carrots 2 medium potatoes Handful of green beans Enough beef stock to cover Salt, pepper, mixed herbs Slice onion, carrots and potatoes. Add to slow cooker along with beef and stock. Add generous seasoning and mixed herbs. Follow slowcooker’s instructions. Add green beans half an hour before serving.

Easy Roast Chicken 1 Free Range Chicken 4 medium potatoes 4 carrots ½ pumpkin 2 parsnips 1 red onion 2-3 cloves of garlic Preheat oven to 200°C. Chop up all vegetables and place on a large, deep baking tray. Drizzle with olive oil and season.

Place chicken on top of vegetables, rub skin with butter, salt, pepper and a little bit of cinnamon if desired. Bake for approximately 1.5 hours depending on the size of the chicken. Use any leftovers to make roast chicken sandwiches for lunch the next day.

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Reviews Yes, there are more than one.

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Film Review

By Daniel e Gibb

W

ith a movie like Pompeii, you would expect most people to have at least a vague idea of the plot.

However, director Paul W.S. Anderson soon strips away his audience’s assumptions. The film follows the life of a slave who becomes a gladiator. There are a plethora of graphic fight scenes, layered with a love story and political drama.

Pompeii is set in 79AD and is based on the historical eruption of Mt Vesuvious which destroyed—yet preserved in ash—the city of Pompeii. Milo (Kit Harrington) is a young boy who witnesses the brutal murder of his entire family by a Roman Army and then gets taken as a slave. Milo becomes a gladiator, fighting for his survival to entertain the masses. Emily Browning plays the beautiful Cassia: the daughter of a wealthy merchant family, who falls in love with Milo. Cassia’s family are forced to deal with a corrupt Roman Senator named Corrus (Keifer Sutherland), who blackmails the young girl and her family. Meanwhile Milo faces an epic battle in the arena alongside heroic gladiator Atticus, portrayed by Adeuale Akinnuage-Agbaje. Milo and Atticus defy the city and broadcast their disgust for Rome. These events soon become overshadowed (quite literally) as the movie reaches its climax and the inevitable eruption of Mt Vesuvious unfolds. However, Cassia and Milo’s romance is still at the forefront, as Milo navigates the city to find his beloved.

Harrington is well received as a handsome, heroic (and yes, ladies, usually shirtless) gladiator with lengthy fight scenes. However, Akinnuoye-Agbaje’s performance as Atticus is the standout, with his surprisingly layered character and the iconic ‘raised fist’ tableau, found in the ruins of Pompeii, which punctuates his role. Sutherland seems to relish the opportunity to play the bad guy, producing a captivating performance.

I’ve never been a historical enthusiast, or particularly enjoyed action, but this film ticks all the boxes. Having the storyline padded with a Romeo and Juliet style love story, as well as the complex politics, balances the tragedy of the city’s destruction. For people who rate movies on entertainment value, this film was a winner. However for you history buffs looking for a factual, informative portrayal of the tragic destruction of Pompeii, I would look elsewhere. If the film had less irrelevant fight scenes and more focus on the average citizens of Pompeii, Anderson would have produced a more authentic portrayal. In some senses it needed an approach akin to Titanic, with people awaiting their inescapable fate. This would have enhanced the audience’s connection to what these people endured.

Overall, I would recommend watching this film on a lazy Sunday afternoon, when your brain is fried from all that study you’ve been doing over the weekend. And do not expect an accurate insight into the history of Pompeii.

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Book Reviews Becoming a Lawyer: Success at Law School 3rd Edition Michael Brogan and David Spencer

By Michaela Olsson

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f you are just beginning your law degree or perhaps you are simply lacking the motivation to continue on, Becoming a Lawyer: Success at Law School is for you. This little book provides a substantial amount of practical, experience-based advice that is easy to read and informative for a wide variety of people. It covers multiple aspects of a law degree, including why law is such a versatile degree, how students can maximise their marks, and the importance of time management.

While preparing you for the lifestyle associated with practising law, this book also explains the skills and abilities you will pick up while studying. By doing this, Brogan and Spencer reiterate the idea that there are many career paths, besides practising law, and each path requires a specific set of skills taught by a law degree.

If you can buy or borrow this book, I would strongly recommend doing so. It is a great read, especially on afternoons when you are lacking the motivation to sit down and finish an assignment.

Get 20% off these books with the code 20FLSA Redeemable at: www.oup.com.au/brogan3e www.oup.com.au/ald2e (the offer can be used on both the print and ebook edition)

Australian Law Dictionary Second Edition General Editor Trischa Mann Oxford University Press, 2013

By Sarah Gates

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ictionaries are usually difficult to distinguish from one another. What makes a good dictionary? And how can one assess its usefulness at a glance? Well, let the Australian Law Dictionary take you on a journey of discovery. In many ways, it combines your average Oxford dictionary with the index of a textbook, with the simple Google search.

When looking up a contiguous zone for the LLAW2212 Constitution and the Australian Federation group assignment, for example, one will happen across a concise definition including specific distances, reference to other relevant terms defined within the dictionary, and no less than four acts and treaties relevant to contiguous zones in Australian law. It even provides broad areas of knowledge, such as fiduciary duties and relationships, and theories, such as contract theory or feminist legal theory. In the back are a list of High Court Justices, Prime Ministers, popular case names, and legal report and case citations. There’s even a copy of the Constitution. And all of this is compacted into one small and aesthetically pleasing book. But if you still can’t stand the weight, it comes with a free ebook version.

The only possible criticism is that there’s not enough. The definitions are uncomplicated, but short. There are many areas of law that aren’t covered, perhaps because they are subject to greater change—however, with the option of updated editions, the book may be improved with a more comprehensive coverage. The dictionary currently stands as a first stop in developing an understanding, followed by the reading of legislation, cases, and other secondary sources. However, the Australian Law Dictionary (second edition) remains a wonderful resource for law students that will come in handy throughout one’s degree.

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Sudoku

Light Puzzle 1 (Easy, difficulty rating 0.42)

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Generated by http://www.opensky.ca/~jdhildeb/software/sudokugen/ on Mon Apr 21 14:50:41 2014 GMT. Enjoy!

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Generated by http://www.opensky.ca/~jdhildeb/software/sudokugen/ on Mon Apr 21 14:52:24 2014 GMT. Enjoy!

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By Joesph Hyde

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