The Brief Edition 1 2019

Macquarie University Law Society magazine Edition 1, 2019 (Volume 25)

Leading the way

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Sponsors

Contents Features

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Mentoring in the Law: What Role Does It Play?

Joanna Chapko Youth for Climate Action: A Global Movement Annie Renouf

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Is the Lost Art of Rhetoric Truly Lost?

Avnoor Guron

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The Double Binds of Female Leadership Jessica Zhang

#The 21st Century Leader Judith Van der Eyk

Regulars

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What’s New in the Law? Anushiya Achudhan

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A Brief Conversation: Unite to Lead: Driving a Culture of Change through Collaboration Emalee Walker

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Social Justice Corner: UN Attempt to Strengthen Response to Migration in Two New Global Compacts Alexandra Neale

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Under the Radar: Outer Space: The New Real Estate Juwariya Malik

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Devil’s Advocate: Artificial Intelligence and the Law Pelin Ersoy & Carlie Moses

Postcard from Abroad: Copenhagen, Denmark Shivani Srivastava Briefly, Global: Leading the Fight against Human Trafficking: How the United States Promotes State Compliance with International ‘Soft Law’ Josephine Pan A Brief Review: The Children’s Act, Jessica Toner; A Teacher’s Pet, Anna Ryan Stuff Law Students Like: Meme Culture: Distraction or Necessity?

Carolyn Araboghlian

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Editor’s Welcome Dear readers, The first edition of The Brief in 2019 explores leadership; where leadership has been inspiring, where we need strong leadership, and the many forms leadership can take. It is so important for us all to engage with the world and foster relationships so we can make some real changes together. As law students, we have a keen interest in current affairs and social justice, and luckily we often also have the capacity to effect change and inspire others.

I would like to make particular mention of NSW Deputy Ombudsman and Community and Disability Services Commissioner, Steve Kinmond, who graciously gave up his time for an interview to share some fascinating insight on leadership and the role of a leader.

Thank you to the fantastic team who have contributed to this edition. This year, The Brief has introduced a ‘Briefly, Global’ section which allows us to focus on a particular international issue. The other segments of this edition cover a broad number of topics, exploring the challenges leaders face, and the importance of good leadership to inspire people to have a positive impact on society. The articles show also, that leadership comes in many forms. I invite you to be open and inspired to be a leader in your own way.

Emalee Walker | Editor-in-Chief

thebrief.muls.org Edition 1, February 2019 (Volumn 25) EDITOR-IN-CHIEF Emalee Walker

DIRECTOR OF PUBLICATIONS Michael Graziano DESIGNER Nathan Li

WRITERS (IN ALPHABETICAL ORDER)

Alexandra Neale, Anna Ryan, Annie Renouf, Anushiya Achnudhan, Avnoor Guron, Carlie Moses, Carolyn Araboghlian,

Jessica Toner, Jessica Zhang, Joanna Chapko, Josephine Pan, Judith Van der Eyk,

Juwariya Malik, Pelin Ersoy, Shivani Srivastava.

SUB-EDITORS

Ethan Carlsson, Georgia Gow, Kate Poulos, Mason Kemeny, Muhammad Kahloon, Shivani Reddy, Vrinda Jain.

EDITORIAL REVIEW

Michael Graziano, Director of Publications Ilija Vickovich, Faculty Member IMAGES

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The Brief’s print edition is published three times

a year by the Macquarie University Law Society, Sydney Australia.

Visit our website at thebrief.muls.org.

DISCLAIMER

All views expressed herein are those of the

individual authors and do not reflect, in any

way, the attitude of the Macquarie University Law Society. The Macquarie University Law Society does not accept any responsibility

for the losses flowing from the publication of material in The Brief.

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President’s Welcome My name is Matthew and I am the new President of MULS for 2019. This edition of The Brief is themed ‘Leadership’. Studying Law at Macquarie Law School fosters Leadership skills that are invaluable in the workplace and wider community. Being a leader can take many forms. From advocating for social justice issues to something as small as helping your friend with a tricky topic, all of us can be leaders in our own right and style. I invite and welcome you to take a look the pieces inside this edition of The Brief and hope that you enjoy what our fantastic contributors have to offer. I would also like to thank the contributors for consistently producing the same high quality work that had this publication nationally recognised in 2017.

Matthew Harris | President

MULS Events in Semester 1, 2019 Education: MULS101 O-Week Workshop 19 February AGLC 4 Workshop 11 March Social Justice: Harmony Day 20 March Speaker Night 1 23 May

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Events: Law Camp 22 March to 24 March First Year Afternoon Tea 25 February SOS 1 Week 6 Publications: First Year Guide 19 February

Sports: Semester One Social Sport Season Begins 11 March Mid Year Social Sport Season Begins June Macquarie University Sport Gala Day 6 May

The Brief Edition 2 27 May

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What’s New

in the Law Anushiya Achudhan

Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth) The Federal Government’s new antiencryption laws confer Australia’s intelligence agencies with new powers to force tech giants such as Apple and Google to give them access to encrypted communications on secure messaging platforms, such as WhatsApp and iMessage. The laws came into effect on 8 December 2018, with the aim of ensuring that criminals can no longer exploit encryption tools for criminal purposes ranging from terrorism to drug smuggling.

This legislation establishes frameworks for voluntary and mandatory industry assistance to law enforcement and intelligence agencies in relation to encryption technologies via the issuing of technical assistance requests (TARs), technical assistance notices (TANs) and technical capability notices (TCNs). TARs and TANs can require companies to either voluntarily or mandatorily assist law enforcement agencies when required,

by providing technical details about the development of new online services and assisting in decrypting communications.

TCNs require companies to build new capabilities to circumvent encryption to help law enforcement agencies procure a suspect’s data.

The new laws have been criticised by several cybersecurity experts, including Amie Stepanovich and Sharon Bradford Franklin, for weakening users’ privacy and online security by enhancing the Government’s surveillance capabilities.

In a joint statement to the Department of Home Affairs, a group representing tech giants including Amazon, Facebook, Google and Twitter have also expressed concerns regarding the scope of the laws, and their ability to ‘undermine public safety by making it easier for bad actors to commit crimes against individuals, organisations or communities’.

Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 (Cth) Amendments to the Fair Work Act 2009 (Cth) came into effect on 12 December 2018 to include section 106A which provides an entitlement in the National Employment Standards to five days of unpaid family and domestic violence 6 | The Brief

leave in any given 12-month period. This provision enables employees to take leave if they need, in order to deal with the impact of family and domestic violence, if it is deemed impractical to do so outside their ordinary hours of work.

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Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 No 33 (NSW) The NSW Government’s amendments to the Crimes Act, which came into force on 1 December 2018, reflect the changing community values regarding the decriminalisation of normal sexual behaviours among teenagers. This forms part of the Government’s response to recommendations by the Royal Commission into Institutional Responses to Child Sexual Abuse. The amendments include the insertion of section 80AG into the Act which provides a ‘defence of similar age’ to protect children from prosecution for their sexual behaviour, when a voluntary sexual act involves

an individual of 14 years or older and another individual who is no more than two years older than them. Furthermore, the insertion of section 91HAA into the Act provides that an individual does not commit the criminal offence of possessing child abuse material if they are under the age of 18, and if a reasonable person would consider the material as acceptable, regarding certain circumstances, such as the relationship between the accused as the child.

Therefore, sexting amongst adolescents would no longer be criminal.

My Health Records Amendment (Strengthening Privacy) Act 2018 (Cth) Amendments to the My Health Records Act 2012 came into effect on 10 December 2018 as part of the Federal Government’s aim at better safeguarding patient privacy for Australians using My Health Record, as an attempt to rebuild community trust in the e-health system. This includes the provision of section 69A which prohibits My Health Record System Operators from disclosing health information in My

Health Records to law enforcement and government agencies without an order by a judicial officer or the healthcare recipient’s consent. Furthermore, the insertion of sub-sections 17(3)–(5) requires the system operator to permanently delete from the National Repositories Service any health information about a heath care recipient who has cancelled their My Health Record.

Family Law Amendment (Family Violence and Cross-examination of Parties) Act 2018 (Cth) The Federal Government amended the Family Law Act 1975 to ensure that appropriate protections for victims of family violence are in place for crossexamination in all family law proceedings involving allegations of family violence.

These amendments will come into force on 11 March 2019 and will apply to cross-examinations that take place six months after commencement. The newly inserted section 102NA prohibits direct Ed.1 2019

cross-examination by parties under certain circumstances and must instead be conducted by a legal representative.

Furthermore, the implementation of section 102NB provides that if there is an allegation of family violence, and personal cross-examination is not prohibited under section 102NA, the court must ensure that there are appropriate protections for the party who is the alleged victim of the family violence. thebrief.muls.org | 7

A Brief Conversation

Unite to Lead:

Driving a Culture of Change through Collaboration Emalee Walker Overview of the role: Steve Kinmond is a lawyer and he is leader. Steve has held many roles throughout his career including being the NSW Assistant Ombudsman of Police, NSW Deputy Ombudsman, and Community and Disability Services Commissioner. He is about to embark on a new role in 2019, as CEO of the Association of Children’s Welfare Agencies. Steve has also been involved in the Royal Commission into the NSW Police Service, the Royal Commission into Institutional Responses to Child Sexual Abuse, as well as Special Commissions, all of which has contributed to Steve’s drive for ensuring welfare and protection for vulnerable people.

I

n the heart of Sydney city, Steve Kinmond and I met over coffee where, as NSW Deputy Ombudsman and Community and Disability Services Commissioner, Steve talked with me about

his professional life and imparted his wisdom about what he values as crucial to good leadership. Humble and engaging, Steve explained the positive impact of his work in various positions and its implications for the structure and functions of the organisations. The NSW Ombudsman’s Office is responsible for the independent oversight and review of government agencies, and some non-governmental agencies. A recurrent theme during our conversation was that effective leadership of an oversight body requires collaboration. The primary focus of Steve’s role is on working with the many, varied stakeholders to achieve both individual and collective outcomes, working towards protection of children by providing an accountable service that can be relied upon. Despite Steve’s high-status roles, he gave a very clear message that it is through teamwork, communication, and embracing different people’s skills, that change is effected.

A predominant area of Steve’s work was his involvement in the Royal Commission into the NSW Police Service, headed by Justice Wood. As Steve

8 | The Brief

held the role of Assistant Ombudsman of Police, it was incumbent upon him to demonstrate that the oversight body of the Ombudsman was relevant and effectively achieved two complementary initiatives; the capacity to investigate misconduct, as well as be a constructive support to ‘promote and encourage’ an improved culture within the Police Force. This focus is aligned with Steve’s collaborative leadership style, facilitating change within the Police Force to stem from the Local Area Commanders, rather than from Steve in his oversight role. He noted that ‘unless those Commanders were driving the culture of change, you wouldn’t see it’.

This is emblematic of Steve’s approach to leadership.

As Steve conducted audits of Police commands, he had the opportunity to facilitate conversation, develop strategies and enthusiasm for the cause, which considerably contributed to the culture shift in the Police Force, encouraging greater proactivity in the identification and treatment of misconduct.

Steve’s valuable skillset as a leader is illustrated by his capacity to distinguish police corruption, from a mistake. This was a radical cultural shift, as it allowed the Police Force to embrace a culture of learning.

This was developed by putting the spotlight on the best functioning Local Area Commands during audits, Ed.1 2019

rather than the worst; to inspire, rather than condemn.

regulation was introduced into Parliament to strengthen

In Steve’s later work with Aboriginal communities

practice in this area. In addition, he has worked for

and Police, he focused on fostering a stronger

the past two years on exposing abuse and neglect of

relationship between the two groups, and facilitated

vulnerable adults in community settings which resulted

opportunities for them to instill positive change in their

in the state Government, late last year, announcing

communities. This illustrates the value of partnership

its intention to establish an Aging and Disability

in working towards a common goal, ‘to have an ounce

Commission. His work in creating momentum for the

of common sense to listen, and from that can come

establishment of this Commission is an example of

quite remarkable things’. Steve also emphasised that

one of the ways Steve has worked with others, seeking

it was ‘critical to show an absolute commitment to

change on an important social justice issue.

respecting Aboriginal leadership’ in the work that he

Steve is incredibly skilled but also incredibly humble.

carried out with Aboriginal Communities and Police. By

He described himself as a community member ‘who

encouraging constructive changes in how organisations

has had the privilege of working in a particular area,

and communities approach challenges, Steve’s

building a skill base over a number of decades, and

leadership has had a significant influence on the culture

in the areas in which I have worked, I have had the

of the organisations he has worked with, paving the

ability and the opportunity to put the spotlight on things

way for Commanders to lead in an environment which

requiring change’. Among the plethora of projects of

fosters effective and trustworthy conduct for society.

which Steve has been part of, he has remained focused

Steve articulated that the important elements of

on effecting change in society to encourage safeguarding

leadership are ‘knowledge, technical skills, commitment

strategies within organisations. Working with police,

to the cause, and perseverance’. Of course, sentiment,

seeking to table corruption within the Police, improving

enthusiasm, and the ability to inspire interest, can

the relationship between Aboriginal people and the

contribute to allowing strategies and goals to be

Police, developing strategies to respond to the Royal

effectively implemented, ‘if you can tap into the

Commission into Institutional Responses to Child Sexual

leaders who exist out there in our society and you can

Abuse, and the enforcement of protections for vulnerable

support them, then you can achieve something’. It is

adults in the community and disability sector. Steve has

important to form relationships with those who have

demonstrated the importance of perseverance, a strong

a ‘similar disposition to see a positive change’, as this

skill set, and a passion for the cause to effect change. ‘I

may exponentially increase what you can achieve.

am a firm believer in the importance of community and I

Perseverance and a true belief in a particular issue

am a firm believer in the concept of collective leadership.

are crucial to being an effective leader. Steve depicts

We achieve so much more when we bring to the table

leadership as being necessary to have the skillset to

whatever we have got to offer’.

develop a goal beyond sentiment and enthusiasm, but

As a student, it was interesting to learn about

‘if you have a significant number of people who come

Steve’s approach to leadership. I found the important

together with passion and commitment, you are going

balance was the knowledge and an extensive skillset

to have a great impact’.

to have the capacity to make positive changes in these

A significant portion of Steve’s work has been in

organisations, with encourages those who are part

disability and child protection, where he has worked

of the organisation to engage with the process. This

with other stakeholders to develop a Reportable

fosters an environment which is capable of progressing

Incidence Scheme that remedies shortfalls within these

from a culture of cover up, to being accountable and

sectors and helps vulnerable people to be safer. This

to implement safeguarding practices. This approach

scheme relates to conduct which has been identified

is also transferable across many different careers

as harmful and therefore has to be reported (and

and leadership roles. I echo Steve’s thoughts in that

addressed), and was the ‘first of its type in the country’.

cultivating relationships and working together is equally

Steve has demonstrated the need to be committed to

as important as being knowledgeable to be an effective

pursuing noble causes. For example, his work exposing

leader – I believe that is an important message to share

appalling behaviour in a boarding house for vulnerable

with law students who are wanting to make significant

adults in Western NSW took ten years, before improved

changes in society.

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Social Justice Corner

UN Attempt to Strengthen Response to Migration in Two New Global Compacts Alexandra Neale

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he movement of people across borders is one of the most pressing issues facing the international community today. Conflict, climate change and population growth all contribute to the increasing volume of people moving around the world, including those who choose to migrate, and those who are forced to flee. The United Nations estimates that currently there are over 258 million migrants living outside their country of origin.

This presents a significant regulatory challenge, as nations of the world attempt to meet the demands of migration in their social infrastructure, and by creating migration policies that are harmonious with international human rights.

In response to these challenges, in mid-December 2018, the United Nations adopted two international agreements focused on refugee and migration issues.

The Global Compact for Safe, Orderly and Regular Migration was adopted on 10 December 2018, followed by the adoption of the Global Compact on Refugees on 17 December 2018 (‘The Compacts’).

The Compacts, although not legally binding, are aimed at strengthening the response of the global community to large movements of people around the world. The Compact on Refugees has the purpose of creating stronger support for those forced to flee their homes, and the countries in which they settle.

The Compact for Migration has a broader focus, addressing all dimensions of international migration.

Both Compacts have an explicit focus on human rights, outlining the entitlement of refugees and migrants to ‘universal human rights and fundamental 10 | The Brief

freedoms, which must be respected, protected and fulfilled at all times.’

Perhaps unsurprisingly, although Australia has signed the Compact on Refugees, the federal government refused to sign the Compact for Migration, claiming it is inconsistent with Australian policy and national interest. One of the objectives of the Compact is to ‘use migration detention only as a measure of last resort and work towards alternatives.’ Australia has expressed dissatisfaction with this objective, with Peter Dutton (Minister for Home Affairs) claiming in July 2018 that agreeing to such an objective would be tantamount to sacrificing Australia’s border protection policies, and would be contrary to its national interest.

Issues surrounding migration and refugees are not likely to disappear any time soon. The movement of people is only set to increase in the future, making it imperative that the global community reaches a consensus on the need to protect the rights of those who find themselves vulnerable to the challenges of displacement and resettlement. The Compacts represent a positive step forward in this direction and will pave the way towards a greater understanding of the need to address migration and human rights in the global context. The Compacts demonstrate that the international community is banding together in the affirmation of improved policy. It will be interesting to see if the pressure will increase on those countries, such as Australia, whose policies contravene the objective of protecting and upholding the human rights of migrants and refugees.

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Under the Radar

Outer Space: The New Real Estate Juwariya Malik

L

iving in a post-modern age reeling from the effects of colonisation, it is without surprise that countries are ready to pounce on an opportunity to colonise outer space. The st 21 century has seen an acceleration in the race to capitalise outer space, with technology behemoth Elon Musk launching SpaceX in 2016, a plan to create permanent human settlement on Mars. His once fanatical but now increasingly plausible idea to make humanity a multi-planetary species and encourage space tourism has been embraced by many. The pertinent question is, will our fragile, outdated international legal framework of space law be able to support this modern era of space exploration?

International Space Law is a fragmented combination of treaties and guidelines. It was expanded by the United Nations Office for Outer Space Affairs during the Cold War as a preventative measure to inhibit outer space militarisation, stemming the creation of the 1966 Outer Space Treaty. It approved the exploration and use of space ‘for the benefit and interests of all countries’, however failed to recognise the possibility of nonstate, non-governmental entities such as Tesla motors, SpaceX and Blue Origin ‘colonising’ and

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promoting commercial use of the intergalactic realm in the future.

Further, although the current legal framework stipulates liabilities for outer space activities carried out by non-governmental agencies, it grossly clashes with international air law. The Outer Space Treaty imposes state-oriented liability and vigilant supervision for the activities and potential damage of their corresponding non-governmental organisations.

International air law contravenes this framework, instead prescribing state responsibility only for the regulation of private non-governmental organisations, such as an airline, rather than complete indemnity.

This raises issues for future commercialisation of space, and whether space flights which cross the legal ‘edge of outer space’ would fall under air law, space law, or require their own unique legislation.

With over 21 years having passed since the last formulated international space treaty, it is necessary for lawmakers to understand the gravity of the situation and establish binding legal instruments which balance the interests of states, private entities and citizens, to encourage sustainable entrepreneurship and transparency in the race to colonise outer space. thebrief.muls.org | 11

Devil’s Advccate

Artificial Intelligence and the Law For

R

 Pelin Ersoy

obots are out to get our jobs! That is what some science fiction would have us believe, and in some senses it is not wrong. This, however, is not necessarily a bad thing. Whether we like it or not, technology is changing the way lawyers operate in their daily lives and will increasingly continue to do so in the future, particularly when it comes to artificial intelligence (AI).

AI can and should be utilised by lawyers to improve outcomes for both themselves and their clients. For instance, Lex Machina, a subsidiary of LexisNexis, uses AI by applying natural language processing to court decisions.

This reveals trends that can be used by lawyers to calculate the likelihood of success before certain judges based on their case histories, and therefore increase their chances of winning a pitch to a client. AI such as this is increasingly becoming an expectation of clients, and lawyers must embrace this to bolster their credibility by keeping up to date with the latest technological developments in a highly competitive market.

AI also has positive ramifications in the social justice sphere, allowing greater access to the legal system for a wider range of clients. A prime example of this is the free robo-counsel app DoNotPay. This app was originally designed to help its users dispute parking fines by asking a series of questions to the user

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(for example, ‘were the signs clearly marked?’) but has now expanded to a wider range of issues including data breaches and unfair bank fees. It helps to inform its users of their pre-existing legal rights where they would otherwise be unaware or unable to afford legal advice.

AI is also used to improve the efficiency of document analysis in tasks such as document review and due diligence. Once a document is identified as relevant, algorithms allow machines to quickly find further important documents that can be statistically validated. Technology such as this can therefore be used to reduce time spent on repetitive tasks, which leaves more freedom for higher level tasks such as appearances in court, negotiating deals and considering strategy.

The result of the above is that technology will likely be able to perform 50% of the tasks currently being carried out by junior lawyers. However this should not be cause for alarm. By increasing the use of AI, junior lawyers will have actually have access to opportunities to perform higher level tasks. Furthermore, a 2016 report by Deloitte estimated that although technology has contributed to the loss of more than 31,000 jobs in the legal sector already, this is balanced by an overall increase of around 80,000 mostly higher paying and skilled legal jobs. All things considered, robots might not be out for our jobs after all.

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Against

I

 Carlie Moses

know what you are thinking, it would be a dream come true to have robots complete the boring, tedious jobs that come with being a lawyer. Artificial intelligence (AI) has already transformed the legal industry through document automation. However, there is no doubt that AI raises some concerns that need to be addressed.

AI causes issues regarding breaches of lawyer-client confidentiality. When confidential information is given to a third party to process into a document, the lawyer runs the risk of someone stealing this information or the information being misused. The Managing Partner/Director is in charge of ensuring that all non-lawyer employees comply with lawyerclient confidentiality, but will they be able to ensure the same compliance with AI? Nobody is perfect, not even robots. When AI makes a mistake, who will be accountable for it? It has been argued that the use of AI for document automation could create greater liability for lawyers. When confidential information is given to a third party, whatever is done afterwards is out of the hands of the lawyer. There is an obvious ‘foreseeable risk’ when a lawyer gives confidential information to a third party and the identification of this risk passes liability onto the lawyer. Liability could be placed on the developer of the AI for any mistakes made in the process. However, it is the lawyer, not the developer, who is accountable to their client for the completion of the work to the standard of that client, not the developer. When a lawyer ensures their client that they will protect their confidential information and that the work will be completed

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to an acceptable standard, how is it possible to place liability on anyone else but the lawyer?

After AI has assisted with document automation, an issue arises as to who has copyright ownership of the resulting document.

According to section 35(6) of the Copyright Act 1968 (Cth), when literary work is created by an author under their employment agreement, the employer will have ownership rights of the work. If it can be argued that the developers of AI software are a person employed by the lawyer, there may not be an issue. However, if there is no employment agreement, copyright ownership for the work may reside with these developers which would be problematic if this work includes a client’s confidential information.

AI can sometimes be commended as ideal for assisting with situations that follow a rule such as identifying whether a client either satisfies or does not satisfy a condition, and AI is also very efficient with organising facts.

However, when a lawyer determines whether a client satisfies or does not satisfy a condition, they are still required to utilise legal reasoning to support their argument. Issues in law can arise from a conflict of principles and resolution of this conflict involves interacting with the issue through research and legal reasoning.

Lawyers are trained to do this throughout their degree and enhance their skills through practice. If AI is unable to employ legal reasoning and work with conflicting principles, can we really say that this would be the most efficient strategy going forward? At the end of the day, there is no way that a robot can be a better lawyer than a human! thebrief.muls.org | 13

Mentoring in the Law:

What Role Does It Play?

Joanna Chapko

T

he transition from law school to the legal profession can be daunting for young lawyers. Law students expect to engage in fulfilling, satisfying and rewarding work post-graduation.

However, there is often a lack of professional and peer support in legal circles to assist this transition, which leads to job dissatisfaction and apathy towards the profession. The presence of mentoring structures can bridge this gap between legal knowledge and legal practice.

This article will explore the mentor-mentee relationship in the context of the legal profession followed by an insight into how mentoring experiences apply to law students and young lawyers.

individual to share their experience and knowledge with the intention of directing and guiding someone else in that professional situation. Aside from this altruistic benefit, mentors can extend their professional networks while also improving their professional skills in facilitation and coaching.

Mentees aim to develop their interpersonal communication skills and knowledge of new professional situations. Often, mentees are individuals who have never had access to the skills or resources required to adjust to a new professional situation on their own. By engaging in the mentormentee relationship, a mentee can receive support to achieve their goals while also developing a new professional and social network.

The Mentor-Mentee Relationship Mentoring generally involves an experienced person (the mentor) providing support to a less experienced person (the mentee). It is a unique exercise of leadership on the part of the mentor, who needs to have the capacity to adjust their mentoring style depending on the needs of a mentee. Successful mentor-mentee relationships are mutually beneficial, relying on individual compatibility, empathy, flexibility, and support.

Mentors act as navigators for mentees in new professional situations. It is an opportunity for an

Developing Legal Culture through Mentoring Mentoring is one way of improving the workplace and social culture of a profession. When individuals receive adequate support in their area of expertise, there is an increase in productivity and personal satisfaction. This creates a positive professional culture within a workplace.

The culture of the legal profession is characterised by criticisms of restrictive hiring practices and employee exploitation. In an over-saturated graduate job market, law graduates are expected to enter the workforce with exceptional marks, exceptional

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experience, and exceptional networks. However, with law students and young lawyers experiencing higher rates of mental illness and lower rates of job retention after graduation than other professionals, the legal profession does not appear to provide exceptional support for its future leaders.

Mentoring is not a panacea for these cultural issues. However, it can improve access to the legal profession. The engagement of senior law students, academics, lawyers and judges in mentoring programs is a welcome support mechanism for law students and young lawyers.

This professional support applies throughout one’s career, encouraging the transfer of experiences and knowledge to the next generation.

Role of Mentoring for Law Students Law schools generally act as the first point of exposure to legal culture for individuals entering the legal profession. This is because an increasing number of students are the first member of their family to pursue a legal education. As such, it is the duty of a law school to provide support mechanisms for its students, which include mentoring programs.

This is primarily performed by senior law students.

Indeed, senior law students who act as peer mentors are more likely to be high achievers that can relate to and develop students within the same law school.

Law societies are student-run organisations that act as an informal peer-mentoring hub for law students. Law students can expand their networks, legal skills, and passion for law in an accessible and dynamic environment created for, and driven by, senior law students.

In addition, some law schools provide structured peer-mentoring programs, where senior students or qualified lawyers provide tailored social and academic mentoring to Bachelor’s degree and Juris Doctor mentees. This sometimes involves targeting social groups that have restricted access to the legal profession, such as women and Aboriginal and Torres Strait Islanders. In doing so, a law student is more prepared for their transition from law school to the legal profession.

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Role of Mentoring for Young Lawyers Law students are often criticised by firms for being unprepared to face the rigours of the legal profession after they complete their tertiary education. To combat this, senior lawyers within a firm can be mentors in structured and transparent professional mentoring programs. Young lawyers benefit from these schemes when their mentors assist them through the transition from law school to the legal profession.

Some commercial law firms engage in a form of professional mentoring through the concept of a clerkship buddy. This ‘buddy’ informally mentors a clerk for the duration of their clerkship in professional matters. Although clerkships target penultimate year LLB and JD students, clerks are employed based on their suitability for a graduate position. By retaining law students until they become young lawyers, commercial law firms build positive relationships early in a lawyer’s career.

Similarly, young lawyers also have access to targeted professional mentoring programs. This style of mentoring continues to be relevant for young lawyers after they finish law school because of persisting barriers to accessing professional networks and new job opportunities. These targeted programs can be accessed through state and territory law societies and law firms. The voluntary nature of these programs attracts motivated mentors and mentees, who can engage in informal meetings or in-depth career building sessions.

Mentoring has a pivotal role to play in developing the culture of the legal profession. When mentors direct and guide their mentees, they are engaging in a mutually beneficial relationship. As such, the insights of peers and legal professionals encourage the transfer of legal knowledge and experiences to law students and young lawyers. This is a welcome development for a profession often criticised for its elitist and exploitative academic and workplace culture.

The profession stands to benefit from the interpersonal relationships and professional networks that form when access to mentoring programs increases. In this sense, mentoring creates, reflects, and encourages leadership within the legal profession. thebrief.muls.org | 15

Youth for Climate Action:

A Global Movement

Annie Renouf

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uman activity has been the primary cause of climate change, yet the actions of young people signify a change in our relationship with the environment. The threat of climate change inhabits a place in their consciousness, at a time when the protection of the environment has become indispensable. They have reached a moment in history where they stand at the turning point between two courses of action – the path of inaction which many of their predecessors have taken, or the realisation that apathy is a force which has given rise to an environmental crisis.

Climate change poses an immediate threat to our ability to preserve the environment. According to the Fifth Assessment Report issued by the Intergovernmental Panel on Climate Change, the average global temperature increased by 0.85°C between 1880 and 2012. The increased concentration and emission of greenhouse gases has resulted in a 19cm rise in sea levels from 1901 to 2010, as oceans expanded due to warming and ice melt. The global scale of climate change has unified young people in their endeavour to protect the environment for present and future generations. If they do not take the responsibility of mitigating the impact of climate change, we cannot make the unprecedented changes needed to prevent global temperatures from rising above 1.5°C. The Role of Intergenerational Responsibility Young people have always been guided by the belief that people inherit the Earth from past generations and have an obligation to pass it on in a reasonable condition to future generations. This forms the basis of the concept of intergenerational responsibility. A group of children played an important role in imparting international status

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to the concept of intergenerational responsibility in Minors Oposa v Secretary of the Department of Environmental and Natural Resources in 1993, by cooperating with the Philippine Ecological Network in bringing a lawsuit against the destruction of disappearing rainforests in their nation. This was a landmark ruling which recognised that every generation owes a duty to succeeding generations to preserve the rhythm and harmony of nature for the full enjoyment of a balanced and healthful ecology.

The doctrine of intergenerational responsibility has provided the foundation for contemporary discussions about the importance of youth leadership in climate action. The Intergenerational Inquiry was a cornerstone event of the Young and Future Generations Day hosted during the United Nations Climate Change Conference in 2018. It was marked by a call for solidarity on climate action across all generations from the UN Secretary General’s Youth Envoy, Jayathma Wickramanayake. She stated that: ‘We need a full-scale mobilisation of young people. We need to turn our words into action.

Intergenerational partnership is key if we hope to achieve the goals of the Paris Agreement’.

With the environment facing increased pressures, young people are developing a common understanding that they have a duty to leave behind a positive legacy for future generations and contribute to effective solutions towards the global dialogue on the negative impact of climate change. Their desire to build a strong platform for long-term climate action stems from facing the effects of anthropogenic climate change in their own lives. It is a force which is shaping their decision of promoting accountability

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for protecting the environment by transforming legal discourse on climate change, to ensure that future generations do not have to face the disastrous consequences of it.

The Fight for a Healthy Human Environment While there is no explicit right to a healthy environment, young people have become pioneers of facilitating formal recognition of its existence by initiating legal action against their governments for failing to protect the environment. Pursuing this avenue provides them with an opportunity to directly engage with decision-makers and ensure that environmental protection informs policy considerations.

A prominent case is Juliana v USA 2015, which challenged US energy policies on the basis that they violate the youngest generations’ constitutional right to life, liberty and property by destabilising the environment and promoting the use of fossil fuels. Young people are asserting that these rights are secured under the public trust doctrine, a principle which gives the government a duty to hold and protect essential resources to sustain the livelihood of their citizens. The outcome they seek is the preparation and implementation of an enforceable national remedial plan to phase out the excessive greenhouse gas emissions which contribute to climate change.

The 21 young people aged 11 - 22 behind this suit have faced fierce opposition from the Obama and Trump Administration, who successfully managed to delay the proceedings since 2015. In a watershed moment in 2016, Oregon District Court Judge, Ann Aiken, issued a judgment allowing the legal action to proceed.

She contended that ‘I have no doubt that the right to climate system capable of sustaining human life is fundamental to free and ordered society’. It remains unclear whether the case will go to trial as the Supreme Court granted a temporary stay in November 2018, in response to a Government petition.

While the ‘climate kids’ in America have faced issues at a domestic level, they have

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inspired a global wave of young people who are following the same course of action. In April 2018, young people successfully reversed the Colombian Supreme Court’s decision denying their climate change lawsuit against the government. Their lawsuit was aimed at protecting their constitutionally guaranteed rights to a healthy environment, life, health, food and water through ending deforestation in the Amazon. The basis of this was a High Court Decision which had granted the Amazon the status of legal personhood, giving the government a duty to protect it.

The Hague Court of Appeal’s decision in Urgenda v Netherlands in October 2018 is also noteworthy. It upheld a lower court ruling that the Netherlands has breached their duty of care by failing to reduce greenhouse gases, and held that the state had the responsibility to reduce its emissions by 25% from 1990 levels by the end of 2020. The rationale for this decision was that the severity and scope of the climate crisis demands a major change . While this represents an individual effort to pave the way for climate action, it constitutes part of a collective international movement towards improving the stability of the planet. This is important since climate change transcends national boundaries, necessitating cooperative and collaborative action to mitigate it.

The Impact of Youth Movement on Climate Change On being confronted with the threat of climate change, young people decided to be the leaders of today rather than waiting to become the leaders of tomorrow. They principle of intergenerational responsibility suggests that young people have duty to themselves and to future generations to ensure that they can live in an environment that is healthy and secure.

This is empowering them to take a unified stance against the problem a global level by changing the legal landscape on environmental protection, which will preserve the planet and prevent climate change from escalating further.

This has an inspiring impact for the people who inhabit the planet now, and in future.

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#The 21st Century Leader Judith Van der Eyk

ifty years ago, social media did not exist, but today, it has become a significant part of our everyday lives. This 20th century creation, and the ability to speak out on an issue from the comforts of our homes or work place or anywhere for that matter, has brought forth a plethora of voices in the stage of political participation. It provides a medium for people to voice their opinions on leaders and contemporary issues. One no longer needs to be a journalist to commentate on the politics of state affairs. Social media has dramatically altered the

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space of political participation between leaders and the people.

Social media can be an effective tool in the hands of political leaders. It gives an individual the ability to personalise or create a certain image they wish to portray, and it is increasingly used by political leaders to personalise the image they wish to portray to the public. Personalisation in social media for a politician, aims to create an image that the leader feels reflect his or her supporter’s values and ideas.

Successful personalisation shows people what they want to see or hear from their leaders. The ability to thebrief.muls.org | 19

post or share only what we want the world to see is not limited to the ordinary citizen, but can be (and to an extent is) utilised by our leaders as well.

By forging a more distinct relationship with their followers, a politician is likely to exercise a stronger influence on supporters, particularly their choice to vote.

Pre-Social Media Political leaders have always interacted with their supporters, but social media has transformed the way supporters interact with leaders. Citizens actively follow politicians on a number of social media platforms, and promote or oppose them by ‘sharing’ content. This practice of political communication and participation is not new, but social media has restructured the rate and extent to which content is shared, such that the immediacy and range of circulation of the content is now wider than ever.

Prior to the existence of platforms such as Twitter, political participation was demonstrated through banners, sashes, ribbons, bumper stickers, t-shirts and other creative ways. In the 19th century, politicians depended on their supporters to endorse their views at public events such as parades and rallies. Even though political leaders still rely on such support, with the advent of social media platforms, they can now encourage support and reach a wider audience through an active presence on various social media platforms.

The Modern Leader – Only One Tweet Away The use of social media has grown rapidly, for general use, as well as in politics by politicians.

Since the current political climate is fast-paced and unpredictable, social media is a useful way of developing and sustaining a leader’s influence.

Social media is a helpful tool enabling politicians to present themselves in a personalised way.

Employing this medium, politicians construct how they wish to present themselves, and to what degree they want to project themselves as a ‘private and personal individual’. By doing so, the distance

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between a politician and citizen lessens, making it easier for people to view the politician as an individual. Personalised communication on Twitter has been known to facilitate and strengthen this feeling of interacting not only with a politician, but with another individual.

Social media is also an effective platform for influential communication as leaders need to communicate their vision and advance cultural or social transformation where it is necessary. Such influential communication is essential in politics as the power and trust political leaders gain is earned, rather than given. A political leader in any democratic society is elected, and hence, needs to influence voters and prove himself or herself trustworthy.

Many leaders, especially in their political campaigns utilise platforms like twitter to maintain an active presence amongst their supports and potential supports. The creative integration of slogans like ‘Yes We Can’ (Barack Obama) or ‘Stronger Together’ (Hillary Clinton) used by many American leaders are examples of effectively gathering mass support. With the assistance of social media, there is a potential to reach a wider audience than mere public gatherings would at political rallies.

Like the methods of political participation that existed before, tweets, memes, and viral videos have the potential to shape the political views of citizens. Slogans have now become hashtags and are used to reflect the views of a leader’s main supporters. We are all familiar with the hashtag #makeamericagreatagain even if some of us do not believe in what the slogan stands for. With social media, political campaigning becomes a lot simpler.

The ability for anyone to publish and communicate instantaneously beyond borders has fundamentally changed how leaders maintain influence and shape opinions. Social media can help control a leader’s image and credibility by allowing some form of contact with supporters on a regular basis. However, it does not by itself, establish authority; it merely assists in the development of a positive leader-follower relationship. This positive

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relationship also develops a likeable leader, and we tend to listen to people that we like.

How politicians use the internet affects their audience. It seems plausible that politicians who are more interactive are likely to be favoured and supported by the public because their active presence creates a likable individual rather than a stoic leader.

Presenting oneself in a less formal manner to supporters can be advantageous for some leaders – the response of the public and effect of which was highlighted in a case study comparing two politicians, former Swedish Foreign Minister Carl Bildt, and the former Finnish Minister for European Affairs and Foreign Trade, Alexander Stubb, both of whom were very active on the internet.

From the study, it became apparent that both, though very similar in many attributes, presented themselves to the world in two very different ways.

Stubb openly provided extensive information about himself. He presented himself with details of his life and personality. By doing so, Stubb created the feeling that the reader knows him in person. Bildt however, presented a more formal image, sharing information regarding his official role and not private life. The extent to which they are favoured or liked by the public is influenced by the way each man portrayed himself. Stubbs is both professional and personal in the way he interacts on social media, which makes him approachable and likely more connected with his supporters and this may translate to a better influence on his supporters.

In a study conducted by Parmelee and Bichard (2012) on Twitter in American politics, it was found that many followers were disappointed when politicians used the medium to communicate one-way instead of two-way. It was revealed that interactive and personalised online communication by politicians affects a citizen’s political involvement.

If a politician is actively present online, and involved with followers, the follower’s attitude is more positive and open to influence. Furthermore, research has revealed that online social influence is powerful and can impact a range of political behaviours, such

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as, the media forums people select, what they learn on social media, and even whether they vote.

Though social media continues to be the dominant line of communication between political leaders and their followers, it raises some concerns for leaders. Social media forums can also be used as a stage for leaders to voice their opinions to effect change or manipulate the public’s views either against or in support of leaders. Such circumstances become real where a leader fails to act on an issue or a number of issues and loses the favour of the public.

Though it is not essential, social media can be a useful tool for political leaders as it is another way to actively listen and respond to their supporters.

Social media has also made it easy for those with shared views on issues to come together and protest against politicians for their action or inaction on issues. If leaders fail to listen and respond to the needs of their followers, followers take matters into their own hands. This was evidenced by political movements like the Arab Spring (demonstrations against authoritarian regimes that spread across the middle east in 2010) and Occupy Wall Street where internet activists organised an uprising against the global financial system, and also by customer backlashes against corporations, such GoDaddy pulling support for SOFA, sponsors pulling out of Rush Limbaugh's show due to pressure, the banks dropping debit card fees, and many more similar instances. Most of these events were organised and brought to life with the aid of social media.

The power of social media is astounding to say the least. It has transformed the way we communicate.

It can be used to mobilise millions from around the world and coordinate movements on vital issues.

Further, given that it is easily accessible in this day and age, it is no surprise that some leaders already realise its potential and how effective it can be, if used in the right way.

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Is the Lost Art of Rhetoric Truly Lost?

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Avnoor Guron

hen picturing an illustrious leader, one imagines an enigmatic figure that radiates charisma and possesses the ability to command crowds of people to their favour. This ability to communicate information to others is one that is relevant to all our lives. ‘Strong communication skills’ is a trait commonly listed on our résumés, as it is such a valued attribute in the modern market because it allows us to collaborate as part of a team and effectively speak to customers or clients. However, those in positions of leadership can use this ability to communicate effectively through language and turn it into their most valuable asset. A leader in any profession can possess a proficiency in the art of rhetoric.

According to Aristotle, rhetoric can be defined as the art of using all persuasive means available to you in the form of speaking or writing when communicating. The art of speaking are one that are often attributed to revolutionaries throughout 22 | The Brief

history and bringers of change. Countless freedom movements, such as the civil rights movement in the US and the independence movement of India, have been founded upon the abilities of charismatic leaders; their talent with words, and their ability to persuade. Many of the famous revolutionary speeches that have arisen from these freedom movements have had the same profound impact on our society as notable literary works. For example, Martin Luther King Junior’s iconic ‘I have a dream’, has become embedded in our vocabulary the same way the phrase ‘neither here nor there’ coined by Shakespeare, has seamlessly integrated with our language. Therefore, rhetoric appears to be intertwined with our everyday lives. In a very different context to freedom and political movements, the art of rhetoric also plays an important role in lawyering.

Rhetoric and the law have been on two sides of the same coin since as far back as the lens of history allows us to see. In fact, law and rhetoric are so tightly interwoven that James Boyd White goes to the extent to argue that law is simply a sub-category or Ed.1 2019

branch of rhetoric. Although this statement appears to be controversial at first glance, it becomes less so after understanding the origins of rhetoric. There are several conflicting opinions on specifically where and when the first orator, and their use of rhetoric as an art, truly emerged. However, many of these accounts tell a similar narrative. The art of rhetoric was originally developed in Ancient Greece and arose due to the need for people to defend themselves in law courts. Corax, a Sicilian Greek, was the first to use a clear system for formatting his arguments by dividing his speech into an introduction, narrative, major arguments, subordinate arguments, subsidiary remarks, and a summary. This method is not too different to how modern lawyers structure their arguments. Moreover, as ancient Athens developed into a democratic state from an oligarchy in approximately 507 BC, this bred the need for more speakers to represent the various Athenian tribes in the government, and created an environment where a political career became attainable to all young male citizens. The Athenian system of democracy enforced a degree of equality amongst its citizens, which forced people in positions of power to answer to the law. This enhanced visibility of justice, and created an influx of people needing to be represented in a court of law to win disputes. Therefore, there is a great deal of truth to Boyd’s statement as the art of rhetoric was sourced from the same root that gave birth to the Athenian legal system.

Although this is not a feature of modern law proceedings, in the ancient world it was quite normal for the art of persuasion to take shape beyond one’s use of language and manifest into something that would resemble a theatrical performance. This was evidenced in Plato’s Apology of Socrates, in which Socrates states that he does not resort to ‘parading his wife and children before the court to win its sympathy’, as a form of appealing to the emotions of the court. However, as time has passed, this theatrical style of rhetoric has been replaced by a more subtle approach, as it would be extremely odd for a modern lawyer to use such extreme theatrics in the courtroom.

Whilst it is clear that the grandiose brand of rhetoric known by the ancient world is no longer present, remnants of it is actually hidden in plain Ed.1 2019

sight, and is often used in the modern legal setting, particularly when attempting to present a convincing argument to a judge. According to Aristotle’s Rhetoric, there are three elements that create a persuasive message: logic and reasoning (logos), credibility (pathos), and emotional appeal (ethos). Beyond the three elements of persuasive language, Aristotle also states that rhetoric can be broken down into three genres: deliberative, judicial, and epideictic. Our modern legal setting frequently requires lawyers in a courtroom to use judicial rhetoric; a special branch of rhetoric concerned with justice and injustices. It focuses on facts and judgments about the past in order to argue for a particular case. When referring to the three elements of persuasion, a lawyer utilises all three to make their arguments convincing. Firstly, they use logic and reasoning provided by the law and facts of the case, to form the basis of their arguments. A lawyer may also rely on their credibility in the legal profession to help elevate an argument and tap into the emotions of the courtroom. This tool can effectively highlight an instance of injustice. An example of this can be seen in William Wilberforce’s Abolition Speech, which was delivered in the House of Commons in 1789 and utilised rich emotive language such as ‘so much misery condensed in so little room’. Although this particular speech is notoriously sentimental and was designed to elicit an emotional response, it also cleverly debunks the arguments of those in support of slavery by highlighting the irony of the system. If the three strings of rhetoric are manoeuvred effectively like a marionette, it has the power to elevate the argument to a higher degree of persuasiveness.

Somewhere between the reign of the legendary Greek and Roman philosophers, and the modern World Wars, rhetoric no longer became a subject taught at educational institutions. As the value of philosophical art forms slowly decayed, it appeared that rhetoric as an art form was no longer desired as a fundamental aspect of one’s education. However, the art of rhetoric has still found a way to thrive and has been subtly embedded in our everyday lives.

Meanwhile in the courtroom, lawyers still implement Aristotle’s teachings centuries after he first told the world about his persuasive techniques.

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The Double Binds of

Female Leadership Jessica Zhang

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ost people can easily list the characteristics of a poor boss or manager but what makes a good leader; specifically, what makes a good female leader? As a female in a high-powered position one is either too much or too little. She is too bossy or she is too nice.

She is considered to be either too family orientated or is not present enough at work. Despite all these catch 22 situations women are still rising to the top and this may be due to the fact that, ‘women… are succeeding not by adopting the traditional command-and-control leadership styles but by drawing on what is unique to their experience as women’. Female leaderships have come a long way since women first entered the boardrooms but there the statistics show there is still some way to go.

Within Australia, women currently represent 12 percent of ASX200 executive managers. Though, there is some light at the end of the tunnel in the legal sector.

According to the The Australian Financial Review's Law Partnership survey, women made up an average of 42 per cent of new partners in 2018, up from 33 per cent the previous year. This is amazing news for the female graduates who make up nearly 60% of their cohort. However, this progress does not mean that the barriers have completely dissipated. This article aims to examine some of the hurdles that still face female lawyers in the 21st century as well as evaluating the ways that women in leadership positions can overcome these prejudices.

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The Hurdles Emotion: ‘…So it's a really delicate balancing act—how you navigate what is still a relatively narrow path—to be yourself, to express yourself, to let your feelings show, but not in a way that triggers all of the negative stereotypes.’–Hillary Rodham Clinton (Clinton, 2016) Psychological theories of gender and power such as Eagly and Karau’s role of incongruity theory of prejudice against female leaders (2002) and Rudman’s status incongruity hypothesis (2012), have emphasised the central role of gender stereotypes as the reason for the underrepresentation of women in leadership positions. When women hold leadership roles there is a mismatch between the emotional displays linked with femininity and emotions that are prescribed to leaders. These two opposing expectations lead to catch 22 situations for some women.

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Work Life Balance: ‘Without husbands, women have to focus more on earning more. They work longer hours, willing to relocate and more likely to choose higher paying fields…without children, men have more livery to earn less- that is, they are free to pursue more fulfilling and less lucrative careers…’ – Warren Farrell, Forbes.

By the time a lawyer achieves a senior position they likely would be in their late 20s or early 30s.

Perhaps not everyone desires to have children, but women should have the option open to them.

However, not all law firms are truly supportive of sacrifices that women make to be a working mother.

In quite recent history, employers have used the little known section 25(1A) and 2(A) of the Anti- Discrimination Act 1977 (NSW) to discriminate lawfully against pregnant women. In December 2017, NSW attorney general Mark Speakman finally released a statement to abolish the laws that have allowed discrimination against pregnant job seekers. Lawyers utilise the law for the benefit of society, so it is discouraging to see a law that creates barriers against female lawyers blocking their path to leadership.

Furthermore, work life balance is very dependent on job flexibility. With both motherhood and a legal career being full-on roles, many female lawyers decide to opt out of leadership positions because of the pressure of a partner’s workload and expectations of their working hours. Australian research by the Human Rights and Equal Opportunity Commission (HREOC) has found that while highly skilled women in full-time employment are more likely to have access to flexible work opportunities, resistance to flexibility increases with seniority as women in management are less inclined to take up flexibility options than women at general staff level.

It leaves female lawyers in a double bind, as they feel pressured to work the hours that their male equivalents are working.

Jumping Over the Hurdles Becoming a leader involves much more than being placed in a leadership role, acquiring new skills,

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and adapting one’s style to the requirements of that role. It involves a fundamental shift in how you see yourself within a work environment. Firms inadvertently undermine this process when they advise women to seek leadership roles without also addressing policies and practices that communicate a mismatch between how women are seen and the qualities and experiences people tend to associate with leaders.

Female leaders tend to put more emotion into their work, and this can be a positive characteristic in the work environment. Perhaps traditional leaders place too much of an emphasis on being a hardnosed leader and not enough on their subordinates.

The stress of making billable hours is enough without your boss constantly surveilling your moves, as not only does this decease output but lowers team morale. Feminine traits such as an ability to be nurturing, having greater intuition and empathy, can be utilized to smooth out difficult situations within teams. Through using assets such as these, female leaders can be leaders on their own terms.

With a rising percentage of female partners there should be a greater push for initiatives that support work-life balance. Utilising technology, more firms may allow for their lawyers to work from home by going paper-less. Through using technology, all files can be accessed through a secure system ‘on the go’.

It is not only ecofriendly but allows for couples to juggle their busy lives.

The more women in positions of power, the more motivating it is for younger female lawyers in entrylevel positions. In a 2012 study it was concluded that exposure, even subtle, to highly successful female leaders inspired women’s behaviours in stressful leadership tasks.

Therefore, as winner of Partner of the Year Women in Law Award, Gitanjali Bajaj states, ‘What if we changed the question? What if we make it an equal-equal question about men and women?

Completely eliminating the assumptions of what roles are – if you don’t have that assumption, you might not actually have the bias’. We need to work past these catch 22 situations so that future female law students, graduates and young lawyers have greater opportunities to rise to the top.

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Postcard from Abroad:

Copenhagen, Denmark (February-July 2018) Shivani Srivastava

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The University At the beginning of 2018, I had the chance to study at the University of Copenhagen, Denmark. The University is very popular for exchange students from all around the globe, but I was also meeting several Australian exchange students in my classes and at my dorm. The University is accommodating to its international crowd, not only are there many subjects to choose from, all of which are conducted in English, but adjusting to the lifestyle is a seamless experience. I was lucky enough to be able to stay at the Tietgen Residence Hall, a famous student accommodation dorm that was very conveniently located (two minutes walk, or ten minutes if you are like me) from the law school. If you cannot stay at the dorm, I would still recommend a visit to this hallmark Scandinavian-esque building. At the University, I studied International Civil and Criminal Procedure and Robotics Law. International Civil and Criminal Law offered a unique European perspective on international law, we even had a few 28 | The Brief

classes on Australia’s relationship with international law. However, the unit I found most interesting was Robotics Law. The unit explores the disruption that technology poses for our current legal systems. The unit allows you to collaborate with other students and hand in a paper at the end of the semester on a topic of your choice. Robotics Law was a highly jurisprudential and philosophical unit, and I would definitely recommend this unit for anyone interested in the law surrounding robotics, or anybody who watched Black Mirror and is looking for some closure (spoiler: there is no closure).

University Life The University is set up in a self-study manner and classes are generally optional, which will be beneficial to some and to the detriment of most.

However, I noticed classes were smaller and were

therefore usually more engaging, and with so many units offered in English, classes had a fair smattering of local and international students, so it was easy Ed.1 2019

to find a group to assist you if you are feeling overwhelmed. There technically is no ‘main campus’ for the university, so campuses are divided by each discipline.

The Law faculty is quite close to Sociology, and there are other campuses for Medicine, Humanities or Science located elsewhere in the city. However, it is easy to engage with students of other disciplines by visiting the various ‘Friday Bars’ hosted by each different campus on, you guessed it, a Friday. These are bars organised by student committees often having different themes or games running and just a fun, friendly (and cheap) way to spend a Friday night.

Surviving Outside University Life outside the university was easy to adjust to. The cycling system is very convenient and quite freeing, although there were definitely a few hills and inclines that almost broke my bike and my spirit. Cycling is the cheaper alternative to public transport (which is very efficient), and the best way to get a bike is to purchase it from an exchange student that is leaving the university.

Eating out can be quite expensive in Copenhagen, but do not fear, instant noodles are still cheap, so you will never go hungry. There are definitely many ways to engage with the city culturally, with the local museum holding some themed bar nights, Spring festivals held by the local universities and even something as simple as jumping into the Harbour for the first dip in Spring. There are many opportunities available for international students to engage with law firms in the area, for example through events held by firms specifically for exchange students (keep an eye on the noticeboards).

Denmark’s national broadcaster is not too far from the faculty itself and could supply some opportunities for the budding media lawyer.

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The city itself gives off a typical Scandi-European vibe.

There are older buildings showing the city’s history, but you also have modern, sleek buildings representing the famous Scandinavian architecture. The city itself is not too big and is mostly ‘bikeable’, you also have some breathtaking views of the harbour, Nyhavn (that Instagram place with the colourful buildings your friends keep posting) and of course, ye olde buildings and architecture from yesteryear. You will find a nice mix of modernity and tradition within the city and you can get the best of both worlds in one place. There are many parks that you can walk and bike through, also a few beaches scattered along the coast. Copenhagen also is home to Noma, one of the world’s most famous and exclusive restaurants, but for those who cannot get a reservation, there is always Refshaleøen, an old shipyard converted into a street food lover’s heaven. Lonely Planet voted for Copenhagen as the best city to travel to in 2019, and with its idyllic blend of food, culture and architecture, it is honestly no surprise.

Overall, university life is very easy to adapt to when studying abroad in Copenhagen. There are many opportunities available for international students to engage with university life. There are many different units taught in English, and many convenient and modern student accommodations to live in as well. Food is an added bonus in the city, with many international and also traditional options to choose from, including the famous Danish pastry and open-faced sandwiches. I would definitely recommend the University of Copenhagen to any student looking to study overseas. It is very easy to adjust to, whilst still adding something unique to your experience.

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Briefly, Global

Leading the Fight against Human Trafficking:

How the United States Promotes State Compliance with International ‘Soft Law’ Josephine Pan

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uman trafficking is one of the world’s fastest growing criminal industries, involving the forceful recruitment and transportation of men, women and children for exploitative purposes.

It encompasses various abhorrent practices, including sex trafficking, forced labour and forced marriage. There are currently an estimated 40.3 million victims of trafficking.

This article discusses the role of the United States’ (US) monitoring mechanisms regarding international efforts to combat trafficking. By threatening sanctions and exposing State efforts, the US pressures States to combat trafficking, effectively giving force to an otherwise unenforceable international legal standards.

The International Context Since trafficking generally occurs across borders, combatting trafficking requires global cooperation. The first global effort was marked in 2000, when the United Nations General Assembly passed the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (the Protocol), which supplements the Convention Against Transnational Organised Crime (the Convention).

Like many international legal instruments, the Protocol and the Convention do not contain mechanisms to enforce compliance. Additionally, not all articles within the Protocol are legally binding; Article 9(2) of the Protocol merely asks States to ‘endeavour’ to carry out their obligations to prevent trafficking.

Hence, there is little to incentivise States to proactively fight trafficking.

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The United States’ Leadership In 2001, the US, independent of the United Nations, took initiative in monitoring State anti-trafficking efforts through the annual publication of their Trafficking in Persons (TIP) Report. The TIP Report publishes the efforts of every State to reduce trafficking within their borders and categorises them into tier rankings based on these efforts, providing recommendations specific to each State.

The TIP Report outlines government efforts to comply with minimum standards mandated by the US’ Trafficking Victims Protection Act 2000 (TVPA). These standards dictate that governments must prohibit trafficking, punish trafficking, prescribe proportionate punishment, and make serious and sustained efforts to eradicate trafficking. The data used to develop country profiles is obtained through US embassies, and anti-trafficking and human rights organisations.

Countries are organised into a ranking system based on governmental efforts to meet the TVPA’s minimum standards. Tier 1 countries meet the minimum standards (but this does not mean trafficking has been eliminated). Tier 2 countries do not fully meet the minimum standards; however, they demonstrate significant efforts to do so. The Tier 2 Watch List identifies countries who satisfy the Tier 2 requirement, yet there is a failure to demonstrate sustained efforts and/or trafficking is increasing in their country. Tier 3 countries do not meet the minimum standards and have not made significant efforts to do so. Remaining on the Tier 2 Watch List for four years in a row will result in an automatic downgrade to Tier 3.

Why does it work?

Although the exacerbation of trafficking may lend to the conclusion that the TIP Report is ineffective, the rise in trafficking is partially owed to external factors including the refugee crisis and the exploitation of cyberspace. Reported increase may also be due to the increased availability of reporting sources in comparison to previous years.

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endeavours to prevent and punish trafficking.

The 2018 TIP Report reveals that 39 of the 188 governments assessed, comply with the TVPA’s minimum anti-trafficking regulations, a marked increase from preceding years.

While the TIP Report’s recommendations are not legally binding, the US pressures States into adopting stronger anti-trafficking policies through the imposition of sanctions. Tier 3 countries may not receive financial funding from the US government, and aid is restricted to humanitarian and trade related assistance.

Additionally, the TIP Report’s ranking system and country narratives name and shame governments by revealing their anti-trafficking efforts in comparison with other States. Former US Secretary of State, Condoleezza Rice, called upon the ‘power of shame’ to generate global momentum in anti-trafficking endeavours in her introductory letter in the 2007 TIP Report. Shame pressures governments who are failing to uphold their international obligations into complying. This pressure, combined with the threat of sanctions, aims to raise the standard of antitrafficking commitments.

Australia has recently improved its own antitrafficking efforts by enacting the Modern Slavery Act in late 2018. This decision followed the TIP Report’s recommendations and the United Kingdom’s (UK) own adoption of a slavery act in 2015. After the UK passed its slavery act, prominent human rights organisations and everyday citizens pressured the Australian government to follow suit. Australia’s improvements were the result of global pressure, evidencing the power of shame Rice called upon in the TIP Report.

The TIP Report’s country narratives, ranking system and its accompanying threat of sanctions offers a transformative approach to the promotion of State compliance with international obligations. The US’ initiative has ultimately demonstrated the potential to make up for the enforcement gaps which often plague international treaties.

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A Brief Review

The Children Act Jessica Toner

R

enowned novelist Ian McEwan’s book, The Children Act, was elegantly adapted to the big screen to tell the story of a landmark yet difficult judgment by UK family Court Judge Fiona Maye (portrayed by Emma Thompson). Fiona is presented with the choice between ordering a blood transfusion for Adam (Fionn Whitehead), a Jehovah’s Witness minor suffering with leukemia, or allowing the family’s refusal of treatment. From the outset, it is obvious the film addresses moral and legal questions which legal systems have grappled with for centuries; most notably the complex relationship between dignity, sacrifice and, autonomy over one’s body. This moral maze leads Fiona to break with tradition and visit Adam’s bedside and we see him develop a fascination for the powerful judge. Likewise, Fiona is taken with Adam’s love for poetry and music, which she also shares. In her concluding judgment Fiona mentions Adam’s talent with the guitar and the valuable life that would be lost if the treatment was not executed. The film seems to clumsily imply here that a life can be more ‘valuable’ due to the possession of certain talents or interests.

Besides its moral explorations, the film goes further to touch on sensitive problems faced by powerful women. Thompson exquisitely demonstrates the plight of many high-profile women, where personal and emotional welfare falls detriment to that of a demanding career. Like many successful lawyers and legal professionals, Fiona is dedicated and consumed by her job at the expense of her marriage to academic Jack (Stanley Tucci), which we are intimately shown the painful demise of. This film also tackles the theme of unfulfilled maternal desires, which director Richard Eyre elegantly grasps through Fiona’s internal confusion and turmoil around her relationship with Adam.

The judiciary is often depicted as cold and detached figures in cinema. However, the modern-day marital and personal challenges Fiona faces presents a refreshing window into the relatable personal life of the judiciary. Although at intervals The Children Act demonstrates problematic depictions of what constitutes a valuable life, it does present a sophisticated illustration of how personally challenging the position of a magistrate may be, particularly as an intelligent and accomplished woman.

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Ed.1 2019

A Teacher’s Pet Anna Ryan

W

ith the incredible rise in popularity of true crime podcasts such as Serial, and Dirty John, presented by investigative journalists, there is a new wave of community-led, vigilante-style justice emerging.

The Teacher’s Pet is one such podcast series, launched by The Australian in May 2018, and reported on by the journalist Hedley Thomas. The Teacher’s Pet investigates the disappearance of Lyn Dawson from the Northern Beaches on January 8th, 1982. Thomas asserts that Lyn did not ‘disappear’, but was murdered by her husband, Chris Dawson. Because of the large public response since the podcast aired, an investigation was launched by the NSW Police and the Department of Public Prosecution (DPP), and as a result, Chris Dawson has been charged with murder and is awaiting trial.

The swift action taken by the criminal justice system in this case, in response to the podcast, is in contrast to the typically slow moving system of justice. And perhaps within this case, justice will finally be achieved for Lyn after her ‘disappearance’ more than thirty years ago, and the corruption, prejudice, and inaction, surrounding the initial investigation can be somewhat reversed.

However, this style of podcast has created waves of intense public pressure, which seems to negate one of the fundamental tenets of the Australian justice system: due process. For how can Chris Dawson’s trial, predicted to begin this year, adhere to due process when the story has been broadcast nationally, as well as there being a wide-reaching podcast that has methodically built a case against him.

The Teacher’s Pet reveals many flaws of the criminal justice system. The podcast provides insight into an example of where incompetence and potential gender bias can be seen within the local Police who initially inquired into the disappearance of Lyn – Dawson was a prime suspect, however was not sufficiently investigated. Additionally, it comments on the decades it took for this case to be prosecuted, which was often affected by the DPP’s unwillingness to bring a case against Chris. The justice system should reflect upon whether this case points towards some necessary reforms, particularly how they can better address the unsolved cases of the past.

When looking to the future however, perhaps these podcast series will begin to corrode people’s confidence in the courts and the necessity of their slow moving and somewhat impassive approach to cases. The investigation within the podcast itself is undeniably thorough, with excellent production, and a deeply compelling story. Yet, after you have voraciously consumed all 16 episodes, I invite you to consider not only whether or not you believe Chris is guilty of Lyn’s murder, but also how this podcast, and podcasts like it, are changing the way Australia reaches justice. And so, I challenge you to question whether this evolution of the criminal justice system will be a ‘good’ thing; for yourself, for victims, for offenders, and for communities.

Ed.1 2019

thebrief.muls.org | 33

Stuff Law Students Like

MEME Culture:

Distraction or Necessity?

W

Carolyn Araboghlian

hether you are engaging in discussions, stirring the pot like Justice Kirby or proclaiming your strong love for judicial discretion, there is never a dull moment for law students when it comes to ‘memes’. While expressing the plight and humour of your average law student, it is hard to deny that the sudden rise of comedic visual representation in the 21st century has crucially altered the way individuals communicate. Spreading from multiple social media platforms such as Facebook, Twitter and Instagram, the participation in meme culture acts as a bonding platform and entertainment for law students, detracting from the everyday struggles of student life.

Deriving from the Greek work ‘mimema’, which mean to imitate or be imitated, memes offer individuals with a new form of human expression, typically enjoyed by the younger generation. Although there are drawbacks to meme culture, there is an undeniable brilliance behind legal memes. Legal meme culture requires students or individuals to have knowledge about legal topics in order to engage with the humour behind the image. Therefore, it appears that considerable attention and dedication to study is ultimately necessary to feel a connection with meme culture. However, many legal memes choose to make light of the fact that law student’s inevitable may struggle to stay motivated to study throughout their degree. This humorous approach fosters inclusivity and belonging for both high achieving and more ‘relaxed’ students.

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Alongside the eruption of meme culture, the question is asked whether it is a necessary component of being a law student or only a distraction. On one hand, the concept of memes provide an individual with humour allowing the brain to release dopamine and serotonin, essentially relaxing the brain. However, on a reasonable student’s perspective, the concept of memes is merely a distraction.

Yes, when it comes to study time, the reasonable law student would ideally like to knuckle down and get in a few hours’ worth of study prior to the examination period. However, the presence of memes has become a major contributor to distraction. In a research paper by Studiosity on the topic of student lifestyle, many students named their poor time management as a direct result of procrastination throughout the semester. Despite students enjoying meme culture for its hilarity, the procrastination epidemic was unfortunately associated with the heightened stress and anxiety surrounding exam periods. However, it is within a reasonable student’s self to seek strength to ignore the memes and strive to retain the necessary knowledge for the final exam.

You could be sitting in the library, attending a lecture or (not) participating in a tutorial, there will more often than not, be something, which better attracts your attention than equity and trusts. While it may seem that legal memes are nothing more than a distraction, they have developed to allow students to engage in more advanced topics in political and legal humour.

Is law school really worth it?

‘Depends. What would a reasonable person do?’

Ed.1 2019

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Ed.1 2019