Eagle Gazette - Issue 2

Kindly supported by Matheson

Tobaccogate plain and simple In light of the controversy surrounding the representation of cigarette companies in Ireland, Katie Glennon discusses law firms’ moral duties to clients

Inside this issue

A year in Uppsala: Sinead McDonagh reflects on her ‘life-changing’ Erasmus experience

Out of Guantanamo - The Bay and Habeas Corpus: Patrick Rohan looks at habeas corpus as it applies to the prisoners of Guantanamo Bay

Social Section: Kate Donegan brings us up to date on a range of extra-curricular activities that have taken place this semester

From the Editor

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t the beginning of this academic year the editorial board set out to publish, for the first time, a Law gazette in Trinity College Dublin. We were of the opinion that such a gazette had the potential to provide an array of benefits to the Law students of Trinity, but we identified two primary goals in this endeavour. The first was to encourage the engagement of the Law student body with the pertinent politico-legal issues of our time, by providing students with a platform to have published brief articles on a broad range of topics. The articles contained in this issue exemplify the myriad of important issues which have captured the minds of Law students this semester; from Guantanamo Bay, to female genital mutilation, to property rights in outer space. The second goal was to add to the active student life we are lucky to have in Trinity, by providing a place for activities coordinated by the student-run law organisations to be broadcast and celebrated. This is an aspect which we sought to improve on significantly since the last issue. To this end, we appointed Kate Donegan as Social Editor, who has provided a substantial overview in this issue of various events enjoyed by students during the semester.

Beyond these two primary goals, there were other aspects we also felt were important. One was to ‘catch-up’ with former alumni of the Law School. The benefits this can provide to current students is evident in the interview with Mark

Contents

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Lights, Camera, Actus Reus: Time to allow the camera into the courtroom?

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Out of Guantanamo – The Bay and Habeas Corpus

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One Giant Leap for Celestial Property Rights

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A Prevalent crime without Prosecution

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Tobaccogate – plain and simple

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Print Away the Poverty

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Advocacy in the Limelight

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Fearful Mr. Fox

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Erasmus: A Year in Uppsala

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Connecting with Alumni: Mark Cunningham

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View from the world of work

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Social Round-up

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Issue Issue 12

As the year is drawing to a close, the reigns must be passed on.

I am delighted to announce that Peter Marshall will be taking over as Editor-in-chief for the next volume of the gazette. He will be supported by Deputy Editor-in-chief, Katie Glennon. I am confident that they will do a fantastic job and ensure that The Eagle establishes itself as a permanent feature of student life at Trinity.

The publication of The Eagle would not have been possible without sponsorship. In that regard I must extend sincere gratitude to our title sponsors, Matheson, for their generosity, and also to Phillip Lee, the Boston Consulting Group and Deloitte for their support this year.

Clare Kelly Founder and Editor-in-chief

Editor-in-Chief Clare Kelly

Interview: Bríd Munnelly, Matheson

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Cunningham, alumnus of Trinity Law School and current Managing Director of Business Banking at Bank of Ireland, where he reflects on his own time in Trinity and offers advice for current Law students. A second factor we felt was important was to engage with the wider professional legal community. In this issue, we are delighted to have interviews with partners (both of whom are also Trinity graduates!) at Matheson and Phillip Lee, two of Ireland’s top law firms.

Senior Editorial Board Lily Cantillon Nicola Cavey Ciara Cosgrave Kate Donegan Juliette Mills Junior Editorial Board Katie Glennon Eoin Hennessy Peter Marshall Maeve McDonough Róise Ní Mhaonaigh Benn Ó hÓgáin Illustrator Katie Glennon Photographer Tomasz Szykulski All opinions and ideas expressed are those of the authors and not necessarily those of The Eagle: Trinity College Law Gazette.

Interview: Bríd Munnelly, Matheson different clients, each of which regards theirs as being the most important thing. You want clients to feel that they are the only one. That can be difficult. In an international firm you are dealing with big, sophisticated clients. They expect a high level of professionalism and efficiency. Maintaining the highest quality of work with a fast turnaround is not easy.

What is your favourite thing about working in an International firm?

The feedback you get from clients can be really rewarding. There have been many occasions over the course of my career where I have been able to step in and help a client when they feel at their most vulnerable. Having that impact is really rewarding.

Bríd Munnelly is a Trinity law graduate from the class of 1992. A former Auditor of TCD Law Society, Brid is currently a partner in Matheson where she specialises in Dispute Resolution. She talks to Lily Cantillon and Katie Glennon about her experience of Trinity and life in a commercial law firm.

Did you always want to pursue a career in law? Not particularly. Like some people I simply filled out the CAO form and put down law, not understanding exactly what it entailed. I didn’t have any real desire at the time to become a lawyer.

However my favourite subjects in school were English, Irish, History and French. I was drawn to the arts and law seemed like a good degree to do. Although we had no family connection, my father was an agricultural advisor and looking back now, I think the idea of a career advising and meeting people was what drew me in. Thankfully, law was the right choice for me!

You did your undergraduate in Trinity; what are your fondest memories of your time there? I made fantastic friends in Trinity many of whom I am still in touch with today. My class was filled with interesting and determined people who had opinions, which I really liked. I also have very fond memories of the lecturers. They were very approachable; a real wealth of knowledge.

Do you think your degree in Trinity adequately equipped you for life in practice?

The course doesn’t necessarily equip you for life in a commercial firm but I don’t really think it needs to. I trained in London and was surprised to find that less than 50% of my contemporaries had studied law in college. Although four years in Law School initially helped me while at Guildford, when we entered the firm to start the formal trainee programme we got all the necessary training required. In reality, we were learning on the job.

What is the most challenging part of working in an international firm like Matheson?

Juggling between clients is a tough challenge for all solicitors.

Managing the workflow can be demanding on occasion. In one day you may have three important things happening for three

You qualified as a solicitor in London. How do you think the training in Ireland compares to the training there? I think Dublin and London firms are very similar and the training you receive in both is on a par. In both cities you will find the look, structure and feel of big firms are quite similar. However, in Ireland you may get to do more variety of work, as in London it tends to be speciality within speciality. This is perhaps an advantage of training in Ireland.

Do you think it is more difficult for women to become partners?

Certainly we’re more successful in law than in any other profession. The same things apply - getting married, having children. It doesn’t seem to be as much of an issue in law firms.

It’s hard in any career because women do have to make choices.

I would be in favour of any steps that can be taken to encourage more equal sharing of parental responsibilities. It should be possible for leave to be taken by either parent, with even compulsory paternity leave! However, a huge number of solicitors are self-employed, which can make taking time off for any reason difficult.

I’ve never felt any discrimination, but it never really crossed my mind for there to be. In fact I think any innate sexism, if it is there, can work to a woman’s advantage. If a woman does well, people are surprised, but if a man does well, no one blinks an eye. A capable woman becomes memorable. Law is a good career for women to come through. There’s more women successful in law than in any other career - except maybe pop singing!

Apart from academics, what three qualities makes a great lawyer?

Hardworking. I’ve never met a lawyer I admired who didn’t work hard. Secondly, picking an area that suits you. If you enjoy what you do it won’t feel like hard work and you’ll do well at it. Lastly, having a considered and calm disposition is really useful in a legal setting.

What advice would you give a law student who ultimately wanted to be a partner in an international firm?

I found that people working in law are very collegiate. Talk to any lawyer you know or come across, or don’t even know! People are willing. Don’t be afraid to talk to people, those are the ones you can be honest with, not the people who are interviewing you.

Networking is just being the type of person who stays in touch with people.

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Lights, Camera, Actus Reus: Time to allow the camera into the courtroom?

Paul Carey, JF Law and French

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here is currently much debate surrounding the proposal to allow cameras into courtrooms to broadcast court proceedings on television. In an age where the Queen participates in short films and the Pope is on Twitter, the refusal to allow cameras into proceedings makes the Courts seem more distant and inaccessible to the ordinary citizen than ever. The vast majority of media depicting judicial proceedings to which the Irish public are exposed is American. Very few based on the Irish system come to mind (no, Mrs Brown’s Boys: D’movie doesn’t count!)

Many recent high profile court cases have been broadcast on television screens, leading to important analysis of the nature of legal systems and justice in general. Lord Chief Justice Hewart once said that, ‘It is not merely of some importance, but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.’ Our own Constitution echoes this sentiment in article 34.1⁰. Today, it is difficult to see how a true application of this maxim could forbid the broadcasting of court proceedings.

Many other aspects of public life have already succumbed to appearing on the small screen. For example, television broadcasts of Dáil and Seanad debates have become an integral part of the Irish political scene since the early 1990s and this has been met with much approval from the public over the years. Its benefit is particularly noticeable around the announcement of the annual budget and when landmark debates are held – it is difficult to imagine that the recent animated disputes between Mary-Lou McDonald and Joan Burton would have garnered any attention had we merely read about them in the newspapers. Televising the courts would lead to similar advantages and a greater awareness of the role that the judiciary plays in society.

There are a number of constitutional implications associated with allowing cameras into courtrooms. The issue of “unfair pre-trial publicity” is often cited as a reason for prohibiting the filming of court proceedings. This issue was first brought to the attention of the Supreme Court in the case of D v DPP in 1994. It was stated obiter that ‘on the hierarchy of constitutional rights there is no doubt that the applicant's right to fair procedures is superior to the community's right to prosecute.’

The same issue arose in 2001 in the case of DPP v Haugh (no 2), where a judge used a questionnaire to determine how biased the jury was in the trial of Charles Haughey. It is interesting that the stay on proceedings was overturned and that the questionnaire given to the jury was deemed ultra vires. In Rattigan v DPP it was also held that the accused’s right to a fair trial took precedence over the public’s right to have the accused prosecuted.

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In an age where the Queen participates in short films and the Pope is on Twitter, the refusal to allow cameras into proceedings makes the Courts seem more distant and inaccessible to the ordinary citizen than ever.

At present, it is difficult for the public to gain an insight to the judiciary without travelling to the courts. During high profile trials, such as the widely publicised recent Graham Dwyer case, the Irish public has only newspaper articles and news bulletins to rely on for information. The proposal to allow cameras into our courtrooms is frequently refuted with the argument that the courts are open to the public and that anyone may walk in at any time. It is, however, wholly unrealistic to expect one to make frequent, potentially onerous journeys for the sole purpose of attending a court which only operates during business hours. In addition some may feel the prospect of being a spectator in the courts intimidating. It is detrimental that so many are denied this opportunity, as allowing the public to witness trials first hand would lead to engagement with and deeper reflection on our legal system.

During the trial of Oscar Pistorius, many questioned the fairness of having a single judge and no jury in a murder trial, which lead to further debate on the wider South African legal system. The experience of hearing the evidence at trial first-hand persuaded many that the contentious verdict was unjust. One wonders what aspects of our system would be critiqued if we had the same experience in this jurisdiction.

Additionally, there would be a benefit to Irish law students – instead of sifting through lengthy judgments, it would be advantageous for students to be able to re-watch landmark decisions. The judiciary itself also has much to gain, as many lengthy disputes could be easily resolved by replaying a pivotal moment in a trial.

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Clearly, in the majority of case law governing this aspect of law, potentially biasing the jury is the issue the courts try to prevent. It is, however, difficult to see how filming proceedings will increase unfair pre-trial publicity – it may have a greater effect on the opinion of the general public, but it is unlikely to significantly alter the perceptions of a jury present at a trial. Allowing the public to experience the trial as though they were in the courtroom would not in itself give rise to miscarriages of justice, in the same way that allowing spectators into an operating theatre would not necessarily engender a complication.

It is time that the courts were hoisted into the twenty-first century and proceedings allowed to be broadcast through popular media of communication. Televising court proceedings will not make a soap opera out of our judiciary any more than going to court makes a comedy out of the way in which we conduct trials. The Irish public have a right to witness what happens on a daily basis inside our courtrooms and we should utilise the advantages of modern technology to realise this.

Out of Guantanamo – The Bay and Habeas Corpus Patrick Rohan, SS Law and French

Guantanamo Bay Detention Camp celebrated its 13th birthday in January.

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uantanamo, it might surprise some to learn, is part of mainland Cuba. The US occupied this inlet on the South-Eastern corner of the island in 1898 and established a naval base there. By 1903, the US and Cuba had signed a lease granting the US permission to use the land. In 1934 it was agreed that the US would hold a perpetual lease over the Bay; exercising complete jurisdiction and control over the territory while recognising that Cuba retained ultimate sovereignty.

Guantanamo has entered the headlines since the opening of the US government’s detention centre on the island in 2002.

However, it is not however the Bay’s first time to have done so. Guantanamo has in fact reprised its former role as a detention centre; in 1993 Camp Buckley was used as a location for the detention of HIV+ refugees fleeing Haiti and intercepted on the high seas while escaping to the USA. In Haitian Centers Council, Inc. v. Sale, Sterling Johnson J said:

chosen because of its mixed jurisdiction; because of acceptance of Cuban sovereignty over the base, the captives were not subject to American law.

Issues surrounding the substantive and procedural protections entitlements of Guantanamo detainees have given rise to a litany of litigation. In Boumediene v. Bush, the US Supreme Court sat in judgement over a writ of habeas corpus submissions made in a civilian court on behalf of Lakhdar Boumediene, a naturalised citizen of Bosnia and Herzegovina held in military detention by the United States at Guantanamo.

In a 5-4 split the Court held that prisoners had a right to habeas corpus under the US Constitution, and that the Military Commissions Act of 2006 was an unconstitutional suspension of that right. The Court held that the US, by virtue of its complete jurisdiction and control, maintains “de facto” sovereignty over the territory.

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What was the point, one must ask, of SCOTUS extending the constitutional right to apply for habeas corpus to those in Guantanamo Bay only to strip it of all potency by accepting without scrutiny whatever Government evidence is offered supporting continuing detention.

“Where detention no longer serves a legitimate purpose, the detainees must be released. The Haitian camp at Guantanamo is the only known refugee camp in the world composed entirely of HIV+ refugees. The Haitians’ plight is a tragedy of immense proportion and their continued detainment is totally unacceptable to this Court.”

It is ironic and tragic that Guantanamo, known around the world as a hallmark for injustice and desolation should serve as a bastion for US Constitutional Jurisprudence and for the promotion of causes in International Human Rights Law around the world.

In 2002, Guantanamo regained infamy upon the opening of Camp X-Ray, a detention centre holding captives of President Bush’s ‘Global War on Terror’. The location was specifically

The majority opinion surveys American historical jurisprudence, concentrating on the application of habeas corpus to aliens and territories outside the borders of the United States that still fall under US control.

They compare these areas, curiously, to Ireland, pointing out that while it was nominally a sovereign country in the 18th century, English habeas corpus review applied since Ireland was under de facto English control and shared the English legal system.

Justice Scalia, dissenting, referenced Johnson v. Eisentrager, where the Supreme Court decided that U.S. courts had no jurisdiction over German war criminals held in a USadministered German prison in China: “thus held—held beyond any doubt—that the Constitution does not ensure habeas for aliens held by the United States in areas over which our Government is not sovereign.”

In Justice Scalia’s words, the Court’s majority produces: “a crazy result: Whereas….all enemy combatants detained during a war, at least insofar as they are confined in an area away from the

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battlefield over which the United States exercises ‘absolute and indefinite’ control, may seek a writ of habeas corpus in federal court”.

The impact of this decision has however been limited by the Supreme Court’s subsequent refusal to hear an appeal from a series of appellate court rulings questioning the standard to be applied by judges in these cases. Judges began by closely scrutinising the quality of evidence offered by the government in support of Guantanamo plaintiffs’ continued detention.

Government lawyers started lost cases – until 2010 when the federal appeals court began requiring federal judges to stop submitting the government’s evidence to such rigorous examination.

Trial-judges now embrace a pro-government presumption that Guantánamo evidence is reliable. Government lawyers arguing that such a presumption is justified as evidence against the detainees was collected under battlefield conditions amid the “fog of war”. According to a recent study by legal scholars at Seton Hall University School of Law, between 2008 and July 2010 Guantánamo detainees won 56 percent of their habeas challenges. After July 2010, the win rate fell to 8 percent.

with such matters. Perhaps on this point Justice Scalia’s opinion has since found favour with his colleagues.

President Obama campaigned in 2008 on the promise of ending the use of Guantanamo Bay as a detention centre; a promise that, now approaching eight years and two terms later, he has been unable to achieve. Obama was it seems, thwarted in his attempts by the lack of any clear procedural infrastructure in the Bay as to cases against individual detainees, and has since been prevented by the US Senate which has voted against authorising the requisite funds for the Guantanamo’s closure, and again against the transfer of detainees to domestic U.S. premises.

During the 2015 State of the Union Address, President Obama stated that Guantanamo “is not who we are” and that “It’s time to close [Guantanamo]”. And so it is.

What was the point, one must ask, of SCOTUS extending the constitutional right to apply for habeas corpus to those in Guantanamo Bay only to strip it of all potency by accepting without scrutiny whatever Government evidence is offered supporting continuing detention.

Justice Scalia referenced, in his dissent in Bush, that the majority opinion in that case allowed important matters of national security to the remit of judicial intervention, and argued that the judiciary were the least qualified organ of state to deal

One Giant Leap for Celestial Property Rights Eoin Hennessy, JF Law & French

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here lies within all of us an inherent need to explore, to expand our horizons and conquer that which lies just out of reach. The rich tapestry of time is embroidered with moments of revelation as the scope of human possession expanded to encapsulate the earth. This tapestry is ever forming and our age has seen us draw the wandering needle towards the stars. When we encounter technological barriers we reassess, innovate and overcome. But what do we do when inadequate technology is not our greatest obstacle? What do we do when it is the law that stands in our path?

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Space exploration, while initiated by competing superpowers, can now feasibly be continued by private companies. 2013 saw the United States Space Transportation Advisory Committee highlight the need to promote an “environment that is conducive to private sector investment”. Planetary Resources, an aeronautics company founded in 2010 has the explicit longterm goal of commercially mining mineral rich asteroids. The company founded by Peter Diamandis is backed by Google executives Larry Page and Eric Schmidt amongst others. It is hoped that the influx of scarce materials like platinum will boost international GDP and that the water extracted from asteroids

The process of recognising property rights in space through national legislation is littered with possible pitfalls. The Space Settlement Prize Act would resolve the difficulty highlighted by space law analyst, Leslie I Tennan, who argues that states will only recognise the claims of their own companies leading to inevitable international disputes. However subtle variations in national legislation may create conflict. The manner in which property rights are recognised may vary among nations and multiple entities may claim to exercise legitimate ownership over the same property. Indeed nations whose companies are ill-equipped to adapt to such a legal innovation may steadfastly reject it. The Moon Treaty of 1979 would suggest as much.

The founding document of space law is the Outer Space Treaty Article 11 proclaims that space is the ‘common heritage of mankind’ but the treaty has only been (OST) of 1967. At the time of its signing ratified by 16 non-spacefaring nations. the idea of economic activities in space This disunity has led space lawyer, James seemed remote and the signatories Dunstan to assert that national acts will were simply keen to prevent the not provide adequate clarity. A chaotic militarisation of space. It draws heavily land-grab with little supranational on the principles governing the 1959 The status of private property oversight is a recipe for disaster.

Antarctic Treaty, which sought to retain will undergo solar thermolysis to provide cheap clean fuel.

Companies such as this provide an unheralded opportunity to advance and sustain the human race but they will only provide it if is profitable to do so. Private entities must therefore be free to claim legal title to the materials they extract from space. The status of private property rights in space is ambiguous at best.

Until they are unequivocally recognised, our dreams of harnessing the galaxy will remain frustrated by a lack of private sector involvement.

Foundations of Space Law

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rights in space is ambiguous

Antarctica as a scientific preserve amidst The resources beyond our atmosphere at best. Until they are fears that it could become a glorified are ripe for exploitation if we invest in military testing facility. Article II of the unequivocally recognised, our our spacefaring technology. Investment OST provides that “outer space, will not flow from politically constrained dreams of harnessing the including the moon and other celestial and so we must turn to the bodies, is not subject to national galaxy will remain frustrated governments private sector to champion this appropriation by claim of sovereignty, innovation. The provision of property by a lack of private sector by means of use or occupation, or by rights for these companies cannot come any other means.” This represents an involvement. in the form of many small legislative absolute prohibition on any steps. Such an approach will only serve governmental attempts to claim celestial territory or hold legal to further distort the murky waters of space law. We must rather title to any material extracted from space. The law regarding overhaul and redraft the OST to create coherent and precise the property rights of private legal persons is much less clear. parameters for the assertion of celestial property rights. The Article VI states that national governments are internationally ensuing legal certainty can only be construed as a giant leap responsible for activities in outer space “whether such activities for mankind as we lay the foundations for the future of the are carried on by governmental agencies or by nonhuman race as an interplanetary species. governmental entities”. Given that the OST has never been interpreted in court it is uncertain whether this responsibility equates private claims to property with the kind of “national appropriation” forbidden by Article II. All that is certain is that no private company will risk substantial capital to claim celestial property without an assurance that they can keep what they find.

Bringing an end to uncertainty through national legislation One solution to this uncertainty may be the Space Settlement Prize Act. This is a proposed bill drafted by the Space Settlement Institute in the USA. If enacted the bill would see the United States recognise the property rights of private entities of all nationalities. This inclusive approach may remove the issue of national appropriation. Every nation could enact similar laws granting recognition to the claims of all private bodies. The draft legislation would permit any private entity having established a permanent space settlement to apply for property rights. This property could then subsequently be sold to real estate investors to finance the endeavour. A company could theoretically form a state in its own right capable of granting national citizenship and even applying for UN membership.

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A Prevalent Crime Without Prosecution Julianne O’Sullivan, SS Law

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I just remember being very terrified and wishing I could run away, but it was very dark. Then later two women, one of them was my aunt, held me down. The room was dimly lit. The next thing I felt was a very sharp pain. I attempted to cry but my aunt told me not to cry. A few minutes later, it was all done. I was in a lot of pain…My grandmother congratulated me for being brave and is proud that now I am a woman, I refuse to see it that way.” This quote from sixteen-year-old Nkatha illustrates the horrific process of Female Genital Mutilation (FGM), which countless young girls endure.

investigated? With the relevant legal framework in place, why has the State failed to prosecute a single person under the Act? The same question can be asked of England where legislation has been in place for over 28 years. They host a much larger African community than Ireland, yet only one person has been prosecuted. The answer is that the investigation of this human rights violation risks the contravention and contention of other rights. Detection of FGM is the most difficult task. Suggestions of mandatory examinations of schoolgirls have been shot down given privacy law and child welfare issues, meaning the detection of FGM is the most difficult task.

FGM has become an increasingly prevalent issue for Western Perhaps the prosecution of those who Countries. It is both a gross violation of carry out this crime is not the aim of the human rights and a form of child abuse.

Act. Viewing it as a preventative measure The practice consists of the partial or can add to its value. The Act protects full removal of the female genitalia, those vulnerable by means of deterring often without an anaesthetic or hygienic potential offenders and punishing those surgical tools, for cultural or other FGM has become an who have committed an offence under unnecessary reasons. It may be carried Act. Having the act in full legislative out at birth or throughout a young girl’s increasingly prevalent issue the force achieves the aims of; protecting life as she matures for example before for Western Countries. It is young girls, and informing would-be or after she gives birth. It may also be offenders of the criminal nature of the carried out if a woman and her husband both a gross violation of offence. will be apart for prolonged periods of time to ensure her fidelity. According to human rights and a form of It must be said that this progress of UNICEF, the procedure occurs in an raising awareness in Ireland of FGM can child abuse. estimated 28 African countries; in be hugely attributed to the work of countries such as Ethiopia, Somalia and AkiDwA. AkiDwA has not only succeeded Sudan. It is estimated that on average, approximately 87% of women there have undergone this in building momentum in Ireland about the issue, but has gone on to become a founding member of the European End FGM abhorrent procedure.

Network, a network of 11 organisations across Europe working FGM has recently been brought into the spotlight of the Irish together to advocate for action in Europe in regards to FGM. media. In the late 1990s and early 2000s, the country th experienced a huge influx of asylum seekers. There were 11,634 Ireland’s first FGM clinic opened its doors on the 7 of May last year, with the aim of providing treatment to the victims in applications for asylum in 2001, a number of whom have been affected by FGM, or fled their country of origin due to their fear Ireland. This specialist clinic adds hugely to the work being of being subjected to it. According to AkiDwA (the network for done by Irish doctors hitherto; a doctor may refuse to ‘re-sow’ migrant women living in Ireland) there is a conservative victims after they give birth in an Irish hospital. estimation of 3,780 victims of FGM living in Ireland. Fortunately FGM has also been recognized, in principle, as grounds for for these women, the Criminal Justice (Female Genital refugee status here. Difficulty arises in the situation that while an Mutilation) Act 2012 eliminates the defence of culture or asylum seeker may have physical proof that she is a victim of consent for those prosecuted for carrying out FGM. FGM, showing the risk of persecution on return to her country The Criminal Justice (Female Genital Mutilation) Act 2012 also of origin has its difficulties. The common misconception that provides for the prosecution of those who perform the act in FGM is a once-off procedure is ill founded, as it can in fact occur another jurisdiction where the victim is a resident in Ireland, and numerous times throughout a woman’s life.

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also makes it illegal for any child to be taken abroad for the purposes of FGM. While no cases have been reported in Ireland, there is anecdotal evidence that first-generation African parents living here have condoned FGM being carried out on their daughters upon visits to their African countries of origin.

So, why is it that there have been no prosecutions to date? Why have these ‘anecdotal’ cases of FGM in Ireland not been

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Luckily, Ireland is no longer ignorant of the situation, and has become a place of refuge for victims of FGM, and a safe haven for young girls potentially at risk.

FGM is not just an issue for those in far-away countries. It is a global issue, it is a European issue, and it is an Irish issue.

Tobaccogate - plain and simple Katie Glennon, JS Law

n recent weeks, there has been much public scrutiny of law firm Arthur Cox’s dual representation of tobacco conglomerate Japan Tobacco International (JTI) and the Health Service Executive (HSE). This has raised questions as to whether law firms owe a moral duty to their client’s causes. The HSE immediately issued an icy statement over the controversy, condemning Arthur Cox’s actions. Minister for Children James Reilly is refusing tenders from parties with ties to tobacco companies. Certain cancer charities are now refusing donations from Arthur Cox. Is this an extreme overreaction, or should law firms actually have to answer moral questions?

think about cigarettes, but increasingly the principle of plain packaging for harmful products has begun to be applied to other industries.

Before lighting the match on this topic (first and last pun), let’s cover something imperative; smoking is bad. In 1990, the Surgeon General claimed that smoking is ‘the most extensively documented cause of disease ever investigated in the history of biomedical research.’ And she was right. The World Health Organisation’s latest figures show that smoking accounts for nearly 6 million deaths a year worldwide.

However the dangers of smoking are not what is being disputed by JTI. This issue is about arguing for limits to the extent that our government should be able to control the branding of businesses.

There is an element of corporate social responsibility assigned to gambling companies. That is why every site has helplines to quit gambling. Some sites even have “responsible gaming” tabs with information on closing gambling accounts and helplines a-plenty.

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Is complete marketing shut-down a rational route? Consider the advertising of gambling. Under international regulations, big gambling companies like Paddy Power can have all the glitz, glam, audacious and funny marketing campaigns they please (“money back if Oscar Pistorius walks”), but crucially, they cannot glorify gambling or tell people they will be rich.

Yes, “It could be you” skates close to the line and it has been disputed in the past.

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Would you hire a lawyer who only represents innocent people?

Large corporations spend billions on developing their brand.

Tobacco companies sell a legal product and have the exact same marketing needs to turn a profit. The legislation proposed will require the removal of all branding from cigarette packets.

All packets will become the dullest colour the Government can imagine with a standardised black font merely telling you the brand of the cigarettes, with the remaining 65% of the packet covered in those old familiar warning images.

Advertising and branding is an attempt by providers of goods and services to communicate information to consumers about the products they provide. It’s a fairly indisputable principle that the autonomy of consumers is optimised when all parties have maximum information. The issue being raised by JTI is whether the government can link advertising to the beneficial nature of the products. This may be a difficult idea to accept when we

Drinking is bad too. So, as per a mutually responsible system, alcohol carries its own warning. How often have you seen “enjoy XYZ responsibly” or “drinkaware.ie” plastered on a beer ad?

What about McDonald’s? Or Burger King? How often have we been told to enjoy whatever mound of grease we’re being peddled “as part of a balanced diet”?

The marketing of cigarettes could take this route. Instead of the Government dissuading adults from what they can and can’t have, there could be responsibility given to customers. Why not keep the branding, but print the number of a quitline on the box?

That’s not the point. The question here is not whether we should get people smoking. People know it’s bad. “SMOKING KILLS” isn’t something people scoff at when lighting up, they know the damage they’re doing. The real question is whether or not a law firm should represent a company that provides a legal product when one of its most basic set of rights in a free market is being eradicated.

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The ethics of advertising: a question of free speech?

In the end, Arthur Cox is representing a company that sells a legal product to a population that knows it’s bad for you. They aren’t shoving cigarettes into anybody’s mouths.

Free market philosophy says that any restrictions on advertising are offensive to business sovereignty and a constraint on individual liberty. Should people be free to harm themselves provided that they are fully informed about the harm they risk?

JTI’s case hinges on public interest on a point argument about plain packaging and governmental control of advertising.

Arthur Cox is defending this argument, without which, the Government would remain unchecked on where their control of the billions spent by companies on branding their products is going. Is this not a worthwhile endeavour? How many cancer patients are benefiting more from taking a stance on what side of the argument on plain packaging Arthur Cox have been hired to represent, rather than the money their treatments could have been given.

The main focus of the media attention and debate has been on Arthur Cox. Is Arthur Cox unable to represent the interests of both the HSE and JTI? Arthur Cox is a private firm hired to provide a service. If you avail of the firm’s services, it will legally represent you to the best of its ability. JTI are not initiating action against the HSE, nor are they personally attacking cancer patients. So where is the conflict of interest?

Should we divide up law firms based on which moral stance they take on any one issue? What would be the benefit of requiring law firms to personify themselves, poll their employees and devise a detailed stance on which issues they will defend? Legal representation is, in nature, open and impartial. It is a constitutional and human right. And it’s important that both sides of every argument are represented for their own merits.

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JTI is arguing that there should be a limit to the paternalism of the State. So while it is difficult to defend the tobacco companies on their taking of any sort of moral stance, the argument that they are forwarding could be a valid public interest question. There has been an unfair level of political pressure placed on parties by the Government. At the very least, it should be debated fully by both the public and the courts.

Print Away the Poverty Lucie Heseltine, JS Law and Political Sciences

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t has been joked that, in the future, we will never need to leave our homes to do anything. We will even be able to download and print our shopping without needing to step outside the front door. This is becoming a terrifying and fastapproaching probability. Worries of further human reclusion aside, the invention and proliferation of the 3D printer has been heralded as one of the greatest advances in technology in recent years. In particular, 3D printing has the ability to reduce the gap between rich and poor in developing countries. In countries such as Angola and Togo, 3D printers are being used to convert plastic refuse into viable products, allowing those living in poverty with access to waste products to make a living.

However, in spite of the evident social and ecological benefits of this type of small-scale production, there remains extensive restrictive intellectual property legislation inhibiting the growth of this industry.

3D printers does not infringe on EC intellectual property law.

However, one may be liable for infringement if any patented designs, logos or copyrighted materials are included in 3D printed products. There is much confusion at this moment in time as to what is considered legitimate in the use of this technology.

The African Regional Intellectual Property Organisation is responsible for the Harare Protocol. It encompasses 15 African states and contains a number of stringent intellectual property restrictions which would apply to 3D printing in a large portion of the developing world. Accordingly, it is against the law to use any constituent part of a pre-existing design, even if incorporated into an otherwise new pattern. This is massively constricting for budding entrepreneurs who may not have access to entirely fresh and functioning designs to be used in their enterprises.

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3D printing has the ability to reduce the gap between rich and poor in developing countries

Recycling waste materials and reducing their production has been in the zeitgeist for many years, and this would appear to tie in with advances in viable new technologies. While the technology exists to melt down and reform plastic into useful products using 3D printing, developments are made every day to do the same with other materials, such as certain metals. “Perpetual Plastic�, a project set up by a team from Delft University, strives to completely cut out the waste of certain types of plastic, allowing things like old water bottles and party cups to be turned into plastic insulation and flower pots. This innovation could be transplanted into poorer countries with a high number of landfills. As a result, where many people make a meagre living of $1USD per day collecting waste, they would instead be able to sell recycled plastic filament for $15USD per kilogram, pulling themselves out of poverty.

It is one thing downloading and using an open source template for personal use, such as printing a hair comb or a key fob, but profiting from the results of that template is something else altogether in the eyes of the law. Surprisingly, personal use of

Currently, any person printing a design not entirely of their own conception, design and format can have proceedings brought against them, thanks to the Hague Agreement. This Agreement reinforces intellectual property laws and conventions from around the world. While it is paramount that the artistic and industrial integrity of the owner of a patent of a product be protected, there is certainly a gap in the law that could allow for the creation and sale of 3D printed goods made from recycled materials. For example, lapsed intellectual property of perfectly effective malaria drugs that are now obsolete in the West, but are still perfectly marketable in the developing world.

Allowing the intellectual property to wane on products made from refuse plastic, such as farming equipment or water filters, would allow for the mutual economic and ecological improvement in developing countries. This would see no detriment to those who had originally patented an out of date design. A simple and elegant solution to reducing poverty.

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Advocacy in the Limelight Sonja Heppner, JS Law

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Limelight’, a film written, starring and directed by Charles Chaplin is a marvellous example of advocacy. It is Charles Chaplin’s last pitch for the dying art form of mime comedy.

Since advocacy is any lawyer’s daily bread and butter, we may stand to learn a thing or two from this masterpiece. Even though the golden age of silent film was already over when the film was made in 1958, Charles Chaplin advocates for its comeback with ‘Limelight’. He recognises that the endeavor is futile, but nevertheless takes a stand. The film as a whole is the pitch of a falling titan.

As all work by Charles Chaplin, ‘Limelight’ reflects the artist’s talent to identify beauty in tragedy. At first glance, ‘Limelight’ is a story about a comedian who falls from grace, only to die in peace immediately after his greatest comeback. At second glance, the film poignantly tells the story of the end of Chaplin’s own artistic era – that of silent film and mime comedy – and the coming of another era. Rather than complaining about the end of an era, Charles Chaplin stages the death of the same with stunning poise and dignity. ‘Limelight’ thus conveys the message to always hold one’s head high against all odds and maybe even to find beauty in the unexpected.

This message is transferable to advocacy. Advocacy is the skill of persuasion. Complaints are never an effective measure to persuade an opponent. Poise is. Holding one’s head up is important. It means not to be a coward, but to be courageous and attentive, even when defending a disastrous case against a devastating opponent. Even if the case is not to be won (at first sight), one can still find beauty in the art of advocacy.

Above all, an advocate owes the display of his or her best skills to the client. By enjoying advocacy, one may even stumble upon an unexpected route to winning the case.

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Advocacy is the skill of persuasion. Complaints are never an effective measure to persuade an opponent.

Poise is.

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At the end of the film, Chaplin says “I am an old weed. The more I am cut down, the more I spring up again. I believe I am dying, doctor. But then I don’t know. I have died so many times.” Every time an audience booed Chaplin’s character off the stage, a part of him would die. An advocate is also ‘on stage’ and can fall from grace, sometimes due to his or her own shortcomings, other times due to disadvantageous circumstances.

The lesson to be learned from ‘Limelight’ is: Whatever the reason for a fall from grace, there is always a way to make a comeback. An advocate’s motivation and confidence lies at the heart of their ability to adapt to new circumstances and to learn from mistakes. What makes Charles Chaplin’s pitch for the dying art form of mime comedy so effective and endearing is that he speaks from his own experience. He projected his personality into ‘Limelight’ as advocates project their personality into a case. May we be as passionate about advocacy as Charles Chaplin was about mime comedy – and may we remember Chaplin’s lesson to never let pride cast a shadow over opportunities that lie ahead.

Fearful Mr. Fox Michelle Brennan is a Junior Sophister Law Student.

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e are a nation applauded for our many accolades; our discoveries in science, our scholars and our vast international standing. All of this recognition and success is disproportionate to our small population. Yet with certain issues Ireland is also a country in the minority. We are a country that fully accepts and participates in a sport that, in certain regards falls out of kilter with our great beginnings.

“If following the commencement of the dig, it becomes apparent that the fox is inaccessible for the safe humane dispatchment, it may...be bolted with the objective of being caught” The above quote is in reference to the 1998 Foxhunting Codes of Conduct. This quote (along a variety of articles within the code) succinctly elucidates the cruel and utterly barbaric nature of fox hunting. The code outlines the practice expected by those partaking in the “sport”.

Yet upon inspection it becomes clear that this code is inappropriate, vague and riddled with loopholes. It stands as nothing more than a means to an end allowing the barbarity and cruelty of this pastime to prevail.

Other arguments made by mounted followers to defend the bloodsport suggest it is a practice akin to wildlife documentaries where, large cat families hunt and kill more vulnerable species. Such comparisons are both illogical and incorrect.

When a wild animal catches kills and eats prey it is natural. The animal is performing an essential function. It is doing what is instinctive. Should we not allow nature take its course? There is after all a natural food chain; both animals and humans are all programmed for self-preservation. By contrast, such bloodsports represent the antithesis. Participants construct an environment purely for the purpose of torture. They create an environment where there is no necessity, no function and no purpose.

Environments built on death and torture.

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With foxhunting banned in England Scotland and Wales, it is unfortunate that our government and legislature remain in a state of inertia on such matters. Recently T.D Maureen O’Sullivan has raised concerns about the on-going practices of cruelty, highlighting a recent incident wherein one fox was chased by 37 hounds over 13 miles. She insisted,

Participants construct an environment purely for the purpose of torture

In reality foxhunting attracts a specific coterie. It is a sport of acquired taste however its practice remains prevalent in our society. Every week animals are terrorized, hunted and eventually killed as a mere pastime.

The arguments in favor of fox hunting mostly relate to farming incidents. Expressions prevailing to the tune that foxes are marauding pests killing sheep, chickens et al.

However, a variety of studies contradict such statements. The Irish zoologist, James Fairley fully illustrates the lack of evidence in such counter arguments in his book ‘An Irish Beast Book’.

“A great deal many allegations of lamb killing are based on insufficient or even non- existent evidence. When interviewing farmers I found that in some cases, a dead, unwounded animal or the mere disappearance of a lamb were attributed to the work of the fox.”

Similar studies published by The Department of Agriculture Veterinary Laboratory’s PJ O’Dwyer suggest that predation represented 0.63% of the deaths of the 315 carcasses studied. Dr Sean Flanagan author of the procedures Reducing Lamb Losses” published in the Western Research Centre Co. Galway states;

“During the lambing season, the most common cause of lamb losses are starvation (no suck), hypothermia and disease infections.”

“It is time we decided this is extremely cruel, that it is not sport and that we remove the exemption for fox-hunting from the Animal Health and Welfare Act,” Unsurprisingly her remarks were greeted by Minister for Agriculture Simon Coveney declaring, “whether or not we should have fox-hunting in Ireland...we have made our decision”.

It is prejudice that such practice receives pardon from the Animal Health and Welfare Act 2013. If this practice were to be carried out on a domestic animal it would be considered a criminal offence.

Other such practices should not be over-looked as less significant. Practices such as greyhound coursing and mink hunting are equally barbaric in nature. It is not necessary to be an animal lover or an ardent animal rights lobbyist to comprehend that such practices are not in keeping with the civilized society we proclaim to live in.

With the issues of the 8th amendment, Charlie Hebdo and gender equality making headlines, it is understandably easy to forget that such cruel injustice of equal proportions are occurring elsewhere. This time these injustices are occurring to those without a voice to raise awareness.

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A Year in Uppsala Sinead McDonagh, JS Law and Business, describes her ‘Erasmus’ year in Upsala

he opportunity to live in another country for a year, fully immerse myself in the culture and become one of the locals has always piqued my interest. The Erasmus programme provides a wonderful chance to do this before even leaving college. The year that I have experienced living in Uppsala has been like no other and I couldn’t recommend it enough.

darkness descending for most of winter. While this is common knowledge, no one warned me of the incredible sunsets that accompany the setting sun. It was a joy to experience this unique landscape for the winter months. Another Swedish novelty and a personal favourite of mine is the practice of ‘Fika’.

Fika is essentially an excuse to meet with friends at any time of the day over a tea or coffee, and it usually involves a cake of some sort.

The thing about university towns is that in August a wave of international students will descend upon the city, as unalike in their nationalities as they are similar in their yearning to make friends. This completely alleviates the fear of being alone in a new city because you’re all alone, together.

Focusing on Uppsala, the Flogsta Scream is not a myth. Almost every night students will scream out of their windows in response to someone’s initial call announcing that it is ten o’clock. The rush of being the initiator of such a bizarre tradition is indescribably exhilarating.

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Student accommodation fosters this wave of new friendship as you constantly meet a stream of new people until you can sift through and find those that will lead to lifelong friendships.

My Erasmus was my first experience of living alone and I worried about being completely independent for the first time in twenty years, but the freedom is exhilarating and I’m still enjoying it now.

Without having to answer to anyone or live by anybody else’s schedule, I’ve been able to discover a style of living that suits me. It is the simple things like this that really add to the experience.

University cities are melting pots of cultures, which really open your mind to the world and your place within it.

I was lucky enough to be able to study multinational subjects, like European Law and International Marketing, with people from all over the world whose personal experiences bring a whole new dimension to the subject. University cities are melting pots of cultures, which really open your mind to the world and your place within it. While this further wetted my appetite to travel, combined with all the opportunities to travel on Erasmus anyway, it has also led to my development of a deep appreciation for Ireland and all of the attitudes and behaviourism that our country has instilled within us. Forgive me for the cliché but I know I won’t be the same when I return.

My view of Ireland and the world has been irrevocably altered for the better and my eyes widened by all of the people I’ve met and cultures I’ve experiences.

For instance there are the idiosyncrasies that make Uppsala the place it is. An oddity that affects the whole of Sweden is that of the winter darkness, with the sun setting before three and

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There is simply no downside to an Erasmus. I have enjoyed every minute of it and the experience has been lifechanging. Scandanavia is known for being effortlessly cool and aloof, but my Erasmus has given me the opportunity to crack the hard outer core of the local culture and revel in sweet novelties that combine to make this an incredible city and a once in a lifetime opportunity.

Connecting with Alumni Mark Cunningham graduated from the Law School in 1984 and is Managing Director of Business Banking at Bank of Ireland. He speaks to Clare Kelly about his time in Trinity, the career options for Law graduates and the importance of involvement by students in politics.

What are your best memories from your time in Trinity?

We had a great time in Trinity. We were uniquely lucky because when we were going to law school in Trinity there really were only a couple of universities teaching a law degree so it was a very select gathering. The calibre of the lecturers and professors that we had was unique both from a legal and a political point of view. In terms of people who subsequently made a major impact in the political world, we had Kader Asmal, who became a Minister in the first Mandela government, lecturing us in International Law, Mary McAleese lecturing us in Criminal Law, Mary Robinson lecturing us in European Law, and Brian Lenihan lecturing us in Commercial Law. Also lecturing us at the time were all of those who were perceived to have written the seminal legal texts: Rob Heuston in Tort Law, William Duncan in Family Law, Patrick Ussher in Company Law, Yvonne Usher in Environmental Law and then Kieran Corrigan (who eventually got around to writing the Tax books which he was doing for about ten years!) in Tax Law. So we were uniquely lucky in that regard. They would have brought a huge breadth of experience, all being very much at the forefront of thinking at the time and also very much at the forefront of using the law in a political context to challenge what was going on. So my memories would be hugely positive of a very challenging environment intellectually while we were at college.

And from a social perspective?

Oh from a social point of view we also had a great time! I mean, college is very different today. Kids going into college at 18 wouldn’t have had any of the range of experience that people start getting now from 14, 15 or 16; they wouldn’t have had the travel experiences and wouldn’t have had the cross cultural experiences. It meant college was a real eye opener and awakening for lots of people. We also had a very significant Northern influence in the Law School.While not in college at the height of the Troubles, we were there in the middle of the Hunger Strikes. We had people in our class with relations in Long Kesh and people who were related to Unionist MPs, so we had the full swathe of political views in the spectrum. That was certainly interesting and provoked very lively debate.

What do you think is the biggest difference between being a student in your day and being a student now? Not that it was that long ago!

Well it is quite some time ago! I think the single biggest difference for me is just the size of everything that’s going on.

When I was in the Law School I think there might have only been 58 or 60 students in our law class, and there wouldn’t have been more than 370 or 380 in the whole Law School. So the Law School was pretty compact.. The whole University was much smaller and much more homogenous. It meant that you got a better understanding and a better knowledge of what was going on on campus and it also meant that there was a better camaraderie throughout the whole school in terms of knowing different individuals and coming into contact with them. I think the other big difference – referring both to the background of individuals who were doing law and to our professors and lecturers – is that as a group there was a much greater level of political awareness and a much greater involvement in politics, with an emphasis on trying to understand what the challenges of the day were and how the law that we were studying related to them. So whether that was in the International Law context with Kader Asmal, whether it was in the European context with Mary Robinson, and so forth, there was a much greater integration and interaction involved in that. One of the things that I would see nowadays, and slightly challenge the Law School and the University , is that there doesn’t seem to be a huge level of involvement among students in the politics of the day. I think that challenge is particularly acute for the Law School because, ultimately, some cohort of the students coming through the Law School should become the legislators of the country and you want the legislators of the country to have a greater understanding as to what’s going on on the ground by being involved in grassroots politics.

There is going to be an election next year,yet the percentage of people in the Law School who will be involved with parties of any shape or form in the election – involved in preparing manifestos or involved in canvassing – I’d say, is very small. I think that is something lacking and certainly something which would be beneficial if it changed because, in theory, we are trying to educate the leaders of tomorrow in a university context and politics is a key component of that..

Speaking about students’ futures and given that you were a guest judge on The Apprentice, what opportunities do you think there are for young entrepreneurs?

I think most people who come out of college don’t know what they want to do. I read a study recently which indicated that people of my generation have on average 3 or 4 jobs in their career and the people of the current student generation are going to average something like 16 different jobs or roles in

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their career. So people coming out of university today are going to do a variety of different things before they settle down into whatever it is they see as their career. I think that the Law is a discipline and training. It is both training the mind and training people to look at things in a structured fashion. All of that is hugely beneficial. I have absolutely no doubt that there are students in the Law School who are already entrepreneurial minded. So those who are running various societies or running the small business ventures on the side, they’re the ones who are going to be entrepreneurs. What they’re going to bring into the entrepreneurial world is this kind of structural approach and background which they have learnt in their academic career.

In terms of employers out there, when you talk about entrepreneurs I would talk more about business. Whether you’re in the accounting firms, large multinational firms, or whether you’re in the banking sector people coming out with a law degree are hugely well regarded and hugely in demand across those firms. It is a question of what students do 5 years after they graduate really rather than what they do next.

What led you personally from law into the financial sector?

Well I did a multiplicity of jobs: I have worked in the aid world in Africa, I have worked in politics and I have an accounting background. I suppose when I was coming out of college I was looking for what seemed to be the most interesting graduate programme. I both needed and wanted to work and earn some money straight away. I got an offer to go onto a graduate programme in what was then the Investment Bank of Ireland, which was just starting up, and I studied accounting at night to sort of hedge my bets, so that’s the route that I took. Some of my colleagues went to the Bar or some were articled and went the solicitor route, but lots went into accounting, lots went on to graduate programmes in the UK and lots went on to graduate programmes in the States. People worked in places such as Diageo, Unilever, JP Morgan, Coca Cola and so on. Its merely looking and trying to figure out what the next best step for people.

Speaking of the ability of those with a legal background to cross into different disciplines, what role do you think lawyers could play in preventing another financial crisis from happening again, given your experience of it?

I think when you look at all the analysis that has been done into the financial crisis there are two things which stand out as part of the problem. First is the lack of independent thinking and the second is the lack of courage and determination to stand up and shout about it. So whether people are lawyers, or whether they are economists, or bankers, or whatever they may be, I have no doubt that they are of a certain intellectual

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capacity and standard and have the ability to understand and interpret situations. It is then back to the question of the desire, the willingness and the courage to stand up in the face of lots of opposition and shout stop. This brings me back to the whole political question again of individuals needing to say that there are certain things they want to change about the way things are done in society or the way things are done in the world.

With the legal background and training they can understand how to go about that. You then need them to have the strength and courage of their convictions to stand up and to do that and to seek to make that happen.

Would something like tighter regulation forcing people to shout be the best option?

This is not about regulation,and that is not to say there is anything wrong with regulation. The reality, unfortunately, is that regulation is usually closing the stable door after the horse has bolted. What is required is individuals in business, individuals in law firms and individuals in accounting firms, to be cognisant and to have their minds suitably open to recognise things that are going wrong. That’s number one. But although people might do that or may have done that, very few had the courage to stand up and be really determined to say I want to do something about this. You would like to think that our universities, and particularly our law schools, are educating people to understand the need to do that, but also giving them the backing and courage to go out and do it.

Is there anything else you’d like to say?

The only other thing I would say to your readers is that it’s impossible for people at age 21 or 22 to understand what they are going to do when they come out of college and that many of them will do a variety of different things before they settle.

When I see my colleagues who have started off as solicitors or doing the New York Bar and have ended up as music promoters or working in Hong Kong in the banking sector, having got there through a variety of different moves, it shows that students just need to try to figure out what they think is the next best thing for them. The next best thing for them should be something that they think they will enjoy because the more that people enjoy something, the better they will do at it. Also, just because they start doing something, doesn’t mean that they have to stay in that forever.

I think that the law degrees today are probably a bit more practical than they were in our day, in the sense they are focusing a bit more on the practicalities and practices of law rather than the pure intellectual arguments.. But this does not necessarily mean that everybody who does a law degree is going to practice law. So, if there’s an aspect of the law, or an aspect of their training, or an aspect of a particular subject that they like, that’s what they should pursue next. In a year or two’s time they can change and they will change that’s what should be borne in mind as they ponder the next steps!!!

View from the world of work Patrick Walshe, head of employment at Philip Lee, is a Trinity law graduate. He talks to Nicola Cavey and Ciara Cosgrave about his experience at the firm since 2007.

How would you describe the culture of Philip Lee? Philip Lee is in a good place between a small firm and a big firm and I say this having worked in both. In big firms there is a tendency for trainee solicitors to do certain types of limited tasks.

In a medium sized firm like Philip Lee a trainee finds their work equivalent to that of a solicitor very quickly. There is a real chance to grow and bring yourself on which is a huge advantage. We’re not so small that the apprentice is practically appearing in court, but not so big that they’re doing tedious work that often does not benefit your practical education.

What role does corporate social responsibility play at Philip Lee? Philip Lee’s most important project is Connect Ethiopia. This was a massive project which had been ongoing for a number of years.

Philip Lee established this charity to bring the rule of law to Ethiopia. Certainly any law firm I’m aware of has never done something like this, and it’s a factor that makes us stand out.

Corporate social responsibility definitely plays a role in the firm’s work.

What are the best steps to take to get the training contract?

Number one, think about what kind of firm you want to work in.

Number two, apply for an internship while you’re still in college. In my experience any interns who come in here and stand out will be remembered if they choose to come back for a training contract.

There is a lot of competition yet a candidate can make a good impression very quickly.

Would you say that a Masters graduate has an advantage over those who go straight into the FE1s?

No I wouldnt. Perhaps if a candidate has done a Masters in IP and they express an interest in ultimately working as an IP lawyer, that could impress as having a greater degree of maturity in planning ahead. However, I do a lot of interviews and I’ve never perceived Masters as giving a particular advantage, apart from maybe a personal advantage in pursuing a personal area of interest.

What factors push people up the ladder quickly?

The first factor is obviously ability. However, beyond anything else, it is willingness to assist that is the most important. Graduating from Trinity, it’s most likely that you have ability, but attitude is critically important. You’re going from being top dog in college to being at the lowest rung of the ladder.

In terms of what is the best thing for a newly qualified to do, don’t expect to be able to do it all immediately. Take little steps. I can remember thinking that there wouldn’t be a vast difference between the theory of law and the practice of law, but in fact there is an enormous gulf between the two. These are two different skill sets which you have to have concurrently in your head.

Finally, what is your advice to students graduating from Trinity this summer?

Before you leave, think of ten things that you haven’t yet done as an undergraduate and go out and do them. You’ll never have another time like your time as a student in Trinity, so make the very most of it while you can!

SHARP MINDS PRECISE RESPONSES From our trainees to our partners, we place a premium not just on legal knowledge but on the ability to push, prod and provoke.

Get in touch

7/8 Wilton Terrace, Dublin 2, Ireland T: +353 (0)1 237 3700 F: +353 (0)1 678 7794 info@philiplee.ie philiplee.ie

Nicola McKenna, HR Manager nmckenna@philiplee.ie

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SOCIAL SECTION S

ince The Eagle’s last edition there has been a plethora of exciting events for the Law School community!

Starting it all off was the Law Ball on February 9th hosted in the Mansion House which was, without doubt, the best night of the academic year for those in the Law School and set a very high bar for all following social events.

Senior Sophisters Nicola Cavey, Emma Kate Cooney and Kirsten Nelson de Burca have been jetting off to exotic destinations (Oxford and Brussels), the Oxford Institute of Comparative Law French Moot Court competition and an EU Careers policy writing competition respectively.

The academic year came to a great end with the annual Law School Cabaret on March 25th. For those not there - you missed out!

It has been a fantastic social year for the Law School community and as we say goodbye to the legendary Class of 2015, we hand over the reins to next year’s worthy Senior Sophisters. In doing so, The Eagle would like to wish the all incoming committees the best of luck in 2015/2016. We are sure it will be another unforgettable year.

Kate Donegan, Social Editor

ELSA have had a wonderful semester, with a particular highlight being their incredibly well-attended talk on the right to free speech and the January events in Paris.

The Trinity College Law Review, headed this year by Senior Sophister Caoimhe Stafford, had another great year. Their launch night, organised by Ellen Campbell, was greatly enjoyed by all who attended.

The Law Soc Mock Trial and Moot Court competitions both ran another very successful season. Congratulations to all involved, especially convenors Sarah Maguire and Katie Scott!

Senior Sophister Alison Kelly is the social responsibility star of the Law School for 2015. Her hard work all year long resulted in the most successful Law Day and a Jail Break like the Law Society has never seen. Congratulations Ali!

Mock Trial 2015 The Law Society’s Mock Trial Competition is now in its eighth year and is a staple of the society’s calendar. Over 40 teams, ranging from first to fourth year, signed up to participate in this year’s competition. The competition comprised of six competitive rounds and for the first time, the finalists partook in a mentoring programme whereby they spent time with a barrister who advised them on their tactics and speeches. The final, sponsored by Matheson, was held on the 10th of February and the Society was delighted to welcome Supreme Court Judge, Mr Donal O’Donnell, Court of Appeal Judge, Mr Gerard Hogan and High Court Judge, Ms Deirdre Murphy to adjudicate it. The prize for the best speaker in the final was an

Senior Editorial board at the launch of The Eagle’s first issue (left to right): Lilly Cantillon, Nicola Cavey, Clare Kelly, Juliette Mills and Ciara Cosgrave.

internship in Capitol Hill, Washington. In addition to this the winning team and the best first year team received a cash prize.

Over 150 people were in attendance on the night and the event was followed by a lively drinks reception. The 12 person jury was chosen at random from members of the audience, which encouraged huge participation. The final problem question was based on ‘The Game of Thrones’ and provided for great enjoyment.

The feedback from the barristers was overwhelmingly positive, all of them agreeing that the competition teaches the participants invaluable skills for both their professional and personal lives. Congratulations to the Law Soc Mock Trial Convener Sarah Maguire for organising such a successful competition.

[L-R] James Ringland, The Hon. Mr Justice O’Donnell, Conor Burke, Sarah Maguire, Colum Holland, The Hon. Ms Justice Murphy, The Hon. Mr Justice Hogan

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Moot Court

Law Day – 15th March, 2015

The preliminary rounds of the Moot Court took place in November,with 16 teams competing from all years. Every round required each team draft a memorandum and present their legal arguments to the judgement panel which consisted two barristers.

The final of the competition took place on the 27th of January and was adjudicated by Ms. Justice Mary Finlay Geoghegan and Mr. Justice Gerard Hogan. Cillian Dervan and Kyle Bradshaw (Respondent) and Caoimhe Stafford and Paul Behan (Appellant) were the two teams to make it through to the final.

The final problem question centred on the issues of unconstitutionally obtained evidence and unlawful detention.Caoimhe Stafford and Paul Behan were awarded as the winning team, with Caoimhe winning the best speaker award. Congratulations to all who partook in the competition and to Katie Scott the Society’s Moot Court Convener for orchestrating such a successful competition.

Law Day Turtle with Volunteers [L-R] Kean Kavanagh, Alex Spain, Emma-Kate Cooney, Ali Kelly, Clara Melly, Lily Cantillon, Joey Irwin, Alex Byrne, Kiernan McNulty.

On 19th of February TCD Law Society showed its altruistic side by focusing its collective efforts to fundraise for the Mercy Law Resource Centre as part of “Law Day”, kindly sponsored by Maples.

The Mercy Law Resource Centre provides legal aid to the homeless or those at risk of becoming homeless. The centre works closely with Focus Ireland as well as Citizens Information to assure that those in need have access to the information, benefits and ensuring that housing standards and regulations are upheld. The centre has many links to Trinity Law School as Professor Gerry Whyte sits on their board.

[L-R] Paul Behan, The Hon. Mr Justice Hogan, Caoimhe Stafford, Cillian Dervan, The Hon. Ms Justice Finlay Geoghegan, Kyle Bradshaw

The day itself got off to an early start with Law Soc volunteers flooding the streets bucket collecting. Throughout the day a number of fundraising events were held including a table quiz, football tournament and slave auction. In total 3,500 euro badly needed funds were raised for the centre.

Jailbreak15 “Jailbreak” was launched in 2013 by TCD Law Soc, Trinity VDP and DU Amnesty. The idea being that competitors have to get as far away from campus as possible in a 36 hour period, without spending any money, and all for charity. In its first year €14,000 was raised with the winners making it as far as Argentina. In 2014 the competition expanded to a number of colleges, gained a significant media following and raised €40,000. Growing on the experience of the last two years, Jailbreak15 took a slightly different format. The competition was a race to an undisclosed location that was released to the teams in clues over the course of the weekend.

On Saturday 7th March nearly 200 students from eight colleges set off from the starting point in Collins’ Barracks to “location X” which was subsequently revealed to be the castle over looking Lake Bled in Slovenia. An important aspect of Jailbreak15 was the emphasis placed on the charities themselves, each team had to perform a number of charity challenges on their journey to publicise the work of SVP and recent campaigns run by Amnesty Ireland. At home people following the event were encouraged to participate via the #MyJailbreakChallenge text nomination campaign on social media and were kept up to date on the teams process via the website and twitter feed.

So far Jailbreak15 has raised €64,500 for Amnesty and SVP. Colm O’Gorman, head of Amnesty Ireland, spoke on the importance of the event. “Those participating in Jailbreak are acting for human rights: those who give them sponsorship money, those who share their status updates online and those who sign our petitions.”

JailBreak 2015 winner’s Ahmed Muazzam and Hugh Weldon cooling off after a heated race to the finishing line at Lake Bled.

The winners of Jailbreak15, Hugh and Ahmed of Trinity, arrived on Sunday afternoon in Bled after a nail-biting race to the finish.

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Law Society Careers Breakfast On February 6th, the Law Society hosted its second annual Careers Breakfast. Mr Denis O’Brien, one of Ireland’s leading entrepreneurs and business men, spoke to attendees about his own career and what he believes are the keys to success. He emphasised the important contribution business and entrepreneurship makes to the Irish economy, but also highlighted the role legal policy plays in encouraging or stifling activity. Mr. O’Brien urged young lawyers to be innovative in meeting the dynamic needs of their clients. The breakfast also provided students with the opportunity to network with representatives from some of Ireland’s leading graduate employers from the legal, business and tech industries.

Speaker Denis O’Brien at this years career breakfast.

Law Society Student Colloquium

Professor Yvonne Scannell speaking at the Colloquium.

The Colloquium took place on Saturday, 7th February. Now in its seventh year, the Colloquium provided 34 speakers (including many TCD law undergraduates and postgraduates) with the opportunity to present their legal research at panels chaired by faculty members. Attendees and speakers mingled and exchanged ideas in a collegiate and professional atmosphere. They came from universities across Ireland, the UK and Europe – and for the first time we also had speakers from the USA. The day ended with the Fourth Brian Lenihan Memorial Address, named in honour of one of the Law School’s most prominent graduates. The Colloquium was delighted to have Mr Justice Gerard Hogan deliver the address, with Professor Yvonne Scannell returning from her retirement to chair the session. The address took place in the Long Room Hub for the first time and it was attended by over 100 guests. The guests joined the committee afterwards for a lively wine reception.

EU Careers Challenge 2015: The Digital Agenda On February 13th 2015, Kristen Nelson de Burca won the EU Careers Challenge, run by the European Personnel Selection Office. She was matched with a team from across Europe who were asked to write a 1,500-word policy paper and make a video relating to one of their ideas. The team wrote their paper in English and created a video in French. Adjudicators chose Nelson de Burca’s team’s policy idea to advance in the competition. Policy papers were presented at the European

Commission in Charlemagne, Brussels. The teams were required to answer questions in both English and French. The prize was a one-on-one appointment with an in-house psychologist who specialises in training and assessment centres for the EU, giving the winners a once-in-a-lifetime chance to see what it takes to land a job with the EU. The Eagle would like to extend its congratulations to Kirsten on her success.

Kirsten Nelson-de Búrca with her team members Jean-Vincent Vallée (University of Leicester) and Loren Cooper (University of Leicester) and Robert Madelin, Director-General of Connect, and David Bearfield, Director of EPSO.

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Launch Night of Volume XVIII of the Trinity College Law Review: An Evening of Conversation and Celebration March 3, 2015 marked the Launch Night of Volume XVIII of the Trinity College Law Review. The event was held in Trinity’s Long Room Library and was attended by judges, lawyers, sponsors, and Friends of the Law Review, and the faculty and students of the Law School.

It was a pleasure and privilege to welcome Mr Justice Michael Peart as our Guest Speaker, who reflected on his life in law. His overarching message resonated with both experienced and budding lawyers: Appreciate the value of education and richness of learning, and embrace the unexpected challenges and rewards that life inevitably brings.

Presenting the Reddy Charleton award for best article, Mr Justice Peart stressed that the award was a matter of personal preference and that all the published articles were capable of winning this prize. He chose Emilie Ghio’s article “European Insolvency Law: Development, Harmonisation and Reform; a Case Study on the European Internal Market”.

Professor Desmond Ryan presented the Gernot Biehler award for Best Case Note to Clara Hurley for her piece on PP v Health Service Executive.

Other prize winning articles in this years’ volume include “The Impact of Positive Action on Positive Law Freedoms - Proposed EU Directive on Gender Balance in the Boardroom” by Niall O’Connor which won the Norton Rose Fulbright Prize for Best Commercial Law Article, “The Role of Dignity in Human Rights Theory: Constituent or Teleological?” by Tom Lowenthal which won the Inaugural FLAC Prize for Best Article Relating to Human Rights or Social Justice and “Das Strafmundigkeitsalter in Irland: Ist die Zeit Nun Reif fur eine Reform?” by Shauna Keniry which won the German-Irish Chamber of Commerce Prize for Best German Language Article. Gavin Radford won the Inaugural Arthur Cox Alternative Perspectives Competition for his article “French Language law: The Attempted Ruination of

The Hon. Mr Justice Michael Peart speaking at the launch Volume XVIII of the Trinity College Law Review.

France’s Linguistic Diversity” which is awarded specifically for non-law students.

The Senior Editorial Board would like to extend our warmest thanks to everyone who attended the Launch and made the evening so enjoyable, and to our sponsors’ generosity. Finally, we would like to congratulate all our winning authors once again, especially Emilie Ghio, this year’s most worthy recipient of the Reddy Charleton award.

Student copies of Volume XVIII of the TCLR may be purchased for €10 by contacting sales.tclr@gmail.com. Friends of the Law Review may order and pay for their copy online at www.trinitycollegelawreview.org.

Ellen Campbell & Caoilfhionn Sheil

Oxford French Law Moot Competition When we first received the Oxford French Law Moot problem question we thought, “what could be easier than solving a landlord and tenant dispute over a ferret?” It transpired that the problem question involved extensive research and required delving into depths of French law that were previously unknown to us. Albeit challenging, representing Trinity in the Oxford French Law Moot Competition was an enjoyable and rewarding experience. It was interesting to compete against other Law and French students from all across Europe. We met representatives of the Comparative Law “Institut René Capitant”, the French international law firm Gide Loyrette Nouel, and the French Cour de Cassation. The highlight of the day was when Monsieur Alain Lacabarats, president of the Cour de Cassation in France, approached us to compliment us on our performance, which he thought was “parfait”!

[L-R] Emma-Kate Cooney, Monsieur Alain Lacabarats, Emma Kate Cooney and Nicola Cavey Nicola Cavey SS Law & French

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ELSA Talk on Freedom of Expression On 7 January the University Times reported that Dr Ali Selim, an adjunct lecturer in Arabic Language in Trinity and spokesperson for the Islamic Cultural Centre in Clonskeagh, made comments threatening legal action against any Irish newspaper that republished the controversial Charlie Hebdo cartoons. Dr Selim argued that blasphemy could be pursued under the Defamation Act 2009 and that “the fact that you don’t agree with the law does not give you the right to break the law.” The article received an overwhelming response from students and was promptly followed by an article, penned by Dr. Eoin O’Dell who disputed Dr Selim’s legal claims.

On 11 February, ELSA hosted a panel discussion on the topic of ‘Freedom of Expression, Blasphemy and Charlie Hebdo’. Dr Selim opened the discussion by arguing in favour of retaining Ireland’s blasphemy laws. He suggested that the law protected minorities, particularly those whose views conflicted with Western values. He argued that there was a blatant hypocrisy in the West where people encouraged freedom of expression as it suited them and condemned others when they disagreed with their own values. He noted that in the case of Charlie Hebdo, people were overwhelmingly supportive of the freedom of the writers to publish drawings of Muhammad. However, Dr Selim pointed to numerous examples in France where persons were being imprisoned for inciting hatred by criticising the Charlie Hebdo writers.

Senator Ronan Mullen then spoke briefly on his support for the current blasphemy regime describing it as one of the last protections afforded to the Catholic Church in Ireland.

Finally, Dr O’Dell opened with the famous words, “Je Suis Charlie”. He argued that it was up to the offended person to confront their taunter and explain to them why they shouldn’t make the offending comments. He described Irish blasphemy law as antiquated and ‘Orwellian’, noting the high standard required to be found guilty of blasphemy under the Defamation Act. He concluded with the words, “the best answer to speech is more speech”.

Conor O’Brien

Senator Ronan Mullen and Dr Ali Selim addressing Trinity Students at ELSA’s ‘Freedom of Expression, Blasphemy and Charlie Hebdo’ panel discussion.

Law Ball

King & Queen: James Ringland and Julianne O Sullivan.

Lily Cantillon and Max Doyle.

(L-R) Kean Kavanagh, Rob Foley, Finn Murphy and James Ringland.

(L-R) Nicola Cavey, Emma-Kate Cooney and Wian Veerwood.

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(L-R) Clíodhna Golden, Hannah Beresford, David Brazil, Sinenis Sweetser and Shannon Buckley Barnes.

(L-R) Daire McMullin, Niall Mulligan, David Brazil, Hugh Cronin and Patrick Kirk.

The Trinitones.

(L-R) Kate Donegan, Julianne O’Sullivan, Lily Cantillon, Clare Kelly, Juliette Mills, Sarah Maguire, Katie Scott and Louise Flanagan

The Law Ball 2015.

(L-R) Shannon Buckley Barnes, Hilary Hogan, Hannah Beresford, Anna Hayes, Rachel O’Byrne and Molly Whelan.

(L-R) Will Shanahan, Dervla Collins and Laura Lambe.

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The first rule of success Surround yourself with the best

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