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ABOUT THE COVER... The Women Lawyers’ Association of South Australia’s Second Annual Margaret Nyland AM Long Lunch on May 2 2014. Editor Meredith Hennessy took her mum as her date. They were thrilled to catch this candid, definitely not staged, shot of the events namesake and its keynote speaker with the last edition of The Obiter. Meredith’s mum says The Obiter is the finest law school magazine she has ever laid eyes on. Although these words may have had more impact if they had come from cover stars - the Honourable Margaret Nyland AM and the Honourable Michael Kirby AC CMG - we will take a good review wherever we can get it. Thanks Mum.
enjoy reading
the magazine for Law students at UniSA
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instagram.com/usalsa The views and opinions expressed in this publication are those of the individual authors and not those of the UniSA School of Law or USALSA Inc.
a USALSA publication © 2014
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CONTENTS obiter the
04//TEAM & GUESTS 06//EDITORIAL 07//COMING EVENTS 08//NEWS Henderson ~ ALSA - Recipe for Success 12//PROFILE Lagana ~ Farewell Mr President Von Der Borch ~ Keeping off the grass 16//BILLABLE HOURS Coldbeck-Shackley ~ Typography 101 20//SENYARD J Flight plan ~ The view from the far right Airblades ~ The investigative report 23//EXTRA Svenson ~ Women’s Legal Service Shueard ~ The Ivy League of SA Craig ~Visiting Forensic Science SA 30//PRECEDENT Bailey ~ Advice if you Kant get your head around jurisprudence
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TEAM obiter the
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Room LB 2-02A School of law UniSA City West
Cameron Henderson Publications Director USALSA
Wilbur Jordan Editor
Cameron can be found in the library at night photocopying hard to find NZ Supreme Court decisions in a hope that one day those Kiwis will teach him all he needs to know about Equity. Any other time he’s convincing you Space Law is a thing.
Wilbur is a 4th year doing Law and Journalism. He is an average student. His haircut is not as suave as Cam’s but he does grow a better beard. He gets disappointed every time he wakes up and realizes he still isn’t Morgan Freeman.
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Submissions USALSA Publications C/O School of Law UniSA GPO Box 2471 Adelaide SA 5001 theobiter@usalsa.org
available online at issuu.com/theobiter
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EDITOR IN CHIEF MEREDITH HENNESSY Meredith is a fourth year Law and Journalism student. Allegedly, a certain member of the law school staff has been heard saying “Meredith? She’s been here for ages! When is she going to leave?” Obviously, these comments should be read in a panicked voice - indicative of the giant hole that will be left over when she graduates.
GUEST CONTRIBUTORS CLAUDIA VON DER BORCH
LEO COLDBECK-SHACKLEY
STEVE BAILEY
ALEX SVENSON
TRAVIS SHUEARD
ANDREW ‘BOLT’ SENYARD
EUGENE LAGANA
ALEXANDRA CRAIG
facebook.com/theobiter Want to get involved in the obiter? Drop us an email at theobiter@usalsa.org
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EDITORIAL I am a man of simple pleasures. Family, mates, a crisp suit coupled with some even crisper cider. I like to start Tinder conversations with my best Dad jokes, binge watch the same TV shows at least nine times and spend my Saturday nights letting Hindley’s finest run some far-from-sober fingers through my luscious chin mane. More importantly though, I’ve loved my time spent working on The Obiter - a publication created by a group of dedicated students such as yourselves, and currently run by us; Meredith ‘I should grow my mullet back’ Hennessy, Cameron ‘suave haircut’ Henderson, and of course yours truly, Wilbur ‘when is he going to stop with the beard jokes?’ Jordan. And it’s all for you. Everything you hold in your overworked little hands - we do it for you. This is our pride and joy. We’ve laughed, we’ve cried, Meredith really did look good with a mullet and once I graduate, I hope I never have to look at Adobe Indesign again. All in the hopes that you’ve laughed and cried with us too. This truly is a great magazine. We love it, and just like your crazy ex-girlfriend, we just want you to love it too. It’s with great pleasure that we bring you the ninth edition of The Obiter. This edition is jam packed with the good stuff; from the usual study advice and general tips to surviving your time in law school. There’s some legal philosophy; Travis wants you to enlist and make this the best law school in SA; Eugene gives a nod to his successful reign as USALSA president; we have advice on assignment typography, and possibly a whole lot of bad puns. Whether you’re sitting down to some riveting case law, or have just dropped your books down the back of the HH lecture theatre seating and are hoping nobody noticed (they did), we thank you for taking the time to read this magazine. Next trim’s the big one - No. 10. Prepare for a whole new level of pun game. Also, I’m never stopping with the beard jokes. With love, Wilbur. Editor. Law student. Beard enthusiast.
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coming events The Big Questions Q and A with Professor Ivan Shearer and Hon. Michael Kirby
SALSC Annual Tri-Varsity Dinner
BH2-09 WEEK 10
6th September
15th August 3.30pm to 4.30pm
NATIONAL WINE CENTRE Time TBA
Lipman Karas UniSA Law Trivia Night
2014 David Plater Cider Night
AMBASSADOR’S HOTEL WEEK 10
BRITISH HOTEL
15th August
6pm to late
7pm to late
13th September
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NEWS obiter the
words: Cameron Henderson
Recipe for Success - ALSA 2014 Studying law is like cooking. You grab a bunch of ingredients, follow some instructions and finish with something nice, right? First year will teach you that while they are complex, the instructions make some sense. Then you study Equity. The instructions are messy and you’re rushing around your kitchen with the smoke alarm going off, your dog barking at a magpie and the doorbell ringing. I like Equity this trimester - that’s probably why I loved the ALSA Conference so much. Because following the messy instructions at ALSA will lead you to cooking up a dangerous storm of amazing education forums, incredible competitions, social scandals and downright good vibes.
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Ingredients: - Bris-Vegas City - 450 law students from around Aus, NZ and South East Asia - One 40-storey residential tower - One week in July -Average temp 22 degrees - Thousands of dollars on bar tabs
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INSTRUCTIONSDAY ONE
DAY TWO
- Arrive, get settled. Prepare for your competitions (personally, I did the negotiation)
- Shower. Eat a banana. Hit Queensland University of Technology for the competitions
- Enter Opening Gala. Convince six people you’re a published Space Law Academic within thirty minutes. Reveal to them you played them the whole time, get at least three numbers, toss out a business card or two
- Meet a larrikin barrister and some rad Kiwis
- Hit the Photobooth and take average photos. Dance terribly to Kanye’s ‘Gold Digger’ - Split the evening at around 1am after too many strawberry cocktails (that bar tab though) - Eat a kebab (yiros) in an illegal zone (thanks Campbell Newman) - Mentally prepare morning negotiation
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- Get judged, hit the second comp - Get nowhere in second negotiation. Realise the other team is a brick wall and you forgot the dynamite - Hit up an Irish pub with UniSA delegation Finish the night with spontaneous Karaoke featuring Outkast’s ‘Hey Ya’, DUFF Beer and billiards
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DAY THREE
DAY FOUR
- Wake up early. Hit the final negotiation
- Sleep in a little bit, rest your soul
- Get the best comps result so far. Spend the day soaking the Brisbane sun - Don the suit, hit cocktail night. Discover you didn’t make it through to the finals - Stay out all night with your new friends who also didn’t make the break
- Forget disappointment. Watch two talented students go head to head in Witness Examination at a top-tier law firm. Feel inspired at the sheer talent of competitors - Go to an education forum. Plan your career goals, see your opportunities - Eat cheap Thai rice. Buy a pubcrawl shirt - Experience the reality that is BrisVegas nightlife - Talk in rhyme for five minutes. Hug a stranger. Cite Donoghue v Stevenson to a bartender referring to the snail in your beer. Order vodka in Pig Latin
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DAY FIVE
DAY SIX
- Wake up, grab coffee. Plan your day
- Spend morning watching Family Guy and reading the ‘Daily Dirt’ (a relentless and entertaining ALSA Conference publication)
- Hit the shops. Drop $140 on a ‘retro’ jacket - Realise immediately it’s really just a poncho - Realise you’ll only ever wear it once
- Be proud you made the Daily Dirt on 3 occasions - Go and watch the Championship Moot Final
- Hit up a rowdy apartment party
- Be absolutely astonished at the competition talent
- Replace someone’s cornflakes with a pair of socks
- Cheer on Bond University for beating University of Queensland
- Wear aforementioned jacket to 90s night, pick up mad compliments
- Attend black tie dinner in most dapper of bowties
- Drink Café Patron all night
- Get on the verge of tears listening to Guest Speaker Rabia Siddique
- Wake up and remember you’re not as rich as Jay Z
- Stay up for 36 hours. Go straight from afterparty to hotel to plane to Adelaide to breakfast at the Bay. - Remember the week forever #noregrets #amazingmemories
I can highly recommend ALSA Conference to any law student from UniSA. The experience is incredible. You spend a week surrounded by the most talented law students the southern hemisphere has to offer, you party like a celebrity and you learn more than you can ever imagine about law, networking and future opportunities. Mark my words, it is well worth the trip. - Until next time, Cam. 11
PROFILE obiter the
words: Eugene Lagana
Farewell, Mr President Leaving President Eugene Lagana offers some reflections on his presidency
It is with a bittersweet feeling that I write about the ending of my tenure as president of the University of South Australia Law Students Association. Seeing the election process taking place brings the realisation that it will all be over soon. While I shall enjoy the extra time to study, worry-free pub crawls and not being inundated with countless emails every day, I would be lying if I said I have not enjoyed every single part of it. My first thought when I became President was “so, what do I do now?” There was a brief handover from the previous committee and then it was into the deep end. From organising bi-elections, to first year competitions and welcome back BBQ’s, it was a busy beginning. Things only got busier once faculty, Alumni and South Australian Law Students Council Meetings were added in. However, I was extremely fortunate to have a brilliant committee who worked tirelessly to not only support myself, but to excel in each of their roles This year, USALSA was able to add a law careers fair to its list of achievements, along with reinvigorating law school jumpers and growing pub crawls to record numbers. This is just the tip of the iceberg as to what USALSA does. It is an entity that is constantly working behind the scenes to improve the student experience for all law students. So where to now?
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photo: UniSA Law School
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Personally, I will be enjoying some downtime before Trimester 3, catching up on new seasons of Suits. For USALSA, the sky is the limit. Having seen the candidate list for the upcoming elections, I have no doubt that whoever gets voted in will continue to grow and expand the association, making it even better and bolder. Just a final note on this though. It must be a high priority of the new committee to raise funds and send committee members to the three ALSA (Australian Law Students Association) conferences each year. Some of the participating student societies have been around for over 100 years and to attend these conferences would offer USALSA a great opportunity to learn. I thank everyone who has given me support or otherwise helped me during my tenure. I wish the best of luck to all the members who will make up the new committee. Thank you,
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PROFILE obiter the
words: Claudia Von Der Borch
Keeping off the Grass A Summer in Cambridge Last year, after a few too many trimesters of straight law, I realised I had sunk into a monotonous routine of studying (or lack of) and was coasting off of barely passing grades. Two weeks of holidays between trimesters was now insufficient to reload my HP bar. So I did what any self-respecting law student would do and decided to take a break from studying, by studying. I saved for months, put in my application in at 9am on the first day I could, and carefully picked out my classes. I was going to go to Summer School at Cambridge University. I guess it would have been more productive if I had chosen to study something law related, or at the very least something I could get credit for, but I chose Medieval Studies. A field which cost me a lot of money and a lot of effort, but little progress in my Law Degree. Before I left I had to read 14 books (not chapters – books!), which a degree in law prepared me well for. I also did a lot of panicking, packing and placating my mother with reassurances of my ability to survive alone in the wild that is Cambridgeshire. I navigated my way to my new home, Clare College, Cambridge - the alma mater of Sir David Attenborough (Stephen Fry’s was unavailable). The campus is interspersed within the picturesque city of Cambridge. There are fields set next to these incredible old buildings, cobbled streets, and a river filled with punters.
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BEFORE I LEFT, I HAD TO READ 14 BOOKS I went to a garden party where I played croquet, learnt to dance the ceilidh, drank at bars hidden under centuries old buildings, went to the street markets, got an obligatory ‘Cambridge University’ t-shirt, and ignored the many ‘do not walk on the grass’ signs. The cohort were young and old, of different nationalities, new and returning students, who were spread across three other summer schools occurring concurrently. Each day started off with a plenary lecture, followed by our chosen studies, followed by another plenary lecture to compliment our studies and broaden our knowledge beyond what we were specifically interested in. It was intense, but engaging in a subject without being distracted was rewarding. The studies I undertook were Joan of Arc, the Angevins, and Health and Healing in the Medieval Ages. The teachers were obviously handpicked specialists in their field, however more than this, their passion was contagious and the way they taught was engaging. I did not have to complete an essay as I was not going to be getting credit towards my degree, but I chose to do one regardless. I wanted to challenge myself against this high calibre education institute and also immerse myself in the content and experience. It meant I missed out on a bit of punting but receiving my grade at the end was well worth it and that sense of accomplishment I had lost at university returned. It’s probably odd that I would be writing about studying a non-law subject in a law magazine, but I think it is important to learn just for learning’s sake. I think that often in the process of a degree our focus is confined to the information necessary to get a grade. We forget the wealth of information around us and so lose part of the passion and curiousness that makes us good academics.
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Typography 101 billable hours
with Leo Coldbeck -Shackley
Just in case, dear reader, today is the first time you have read the word ‘typography’ (for the record it’s pronounced “dino … saur”) typography is the visual component of text and written documents. Otherwise known as “the stuff that makes the funny letter things look not bad”. It is possible that up until this point you have considered the only important aspect of writing as the content. However consider this; type is a visible language. So like everything visible, the appearance of type can range between attractive and not attractive. But so what? What difference does it make whether a document is presented well, or a document is presented poorly? The information contained is the same … shouldn’t that be all that matters? In essence, why does typography matter? First, if you fail to take into account the overall effect your text conveys, you may communicate to a reader that you in fact do not care how your message is to be received. You would not get ready for a job interview by preparing excellent answers for likely questions, and then go dressed in your finest pyjamas. Second, good typography helps maintain reader attention, or at least does not deplete reader attention. Reader attention is particularly important if you are, say for example: trying to argue a point, convey complex information, or having your resume read. So anything that helps you maintain reader attention is also important.
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Good typography allows the reader to devote less energy to the actual mechanics of reading. Conversely, anything that detracts from reader attention is bad. Bad typography can distract, bore, confuse, or overwhelm a reader leading to the revocation of the reader’s attention. Disaster. Cool, so what is good typography and where can I get some? First, the answer to that question is huge and turns on the context of the document you are producing. A good place to start is searching for “Butterick’s Practical Typography” where you’ll also notice how low the standards for plagiarism were for the writing of this piece. Further, just have a look around at other published works; newspapers are a great place to start, as well as journal articles, and even judgments. You are not trying to reinvent the wheel. If you find a style that you like and works— ride it like you stole it. But here are a few quick points that you may find useful when preparing a document: Font: Times New Roman. Yes, it’s cheap and nasty. Yes, it’s easy. But it has stood the test of times, being originally designed for newspapers in the 1930s. Newspapers still use it and it even fought the Nazis. It’s just hard to go wrong with Times. It’s traditional, it’s reliable, it’s respectable, it’s conservative, and it’s authoritative. A good combination is to write body text in Times, whilst having the heading and subheading text in a sans-serif font, for example Arial, Calibri, or Helvetica. You’ll see this combination used often in newspapers.
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Typography 101 billable hours
with Leo Coldbeck -Shackley
NEVER UNDERLINE: Ever. Ever. Ever. Under any circumstances are you to use under lining in any document that you produce from here on in. It’s ugly, and it’s horrible. Try and find any newspaper or book that uses underlining. Underlining essentially clutters your text, when you have other better options. So if you find yourself reaching for the ctrl-u, use bold or italics instead. Justifying text: Justifying text straightens the left and right side of the text block, compared to aligned left where only the left margin is straightened and the right margin is left uneven. Both are acceptable, however justified text has a cleaner more formal appearance. If you decide to justify your text you can also turn on “hyphenation”. Hyphenation breaks words between lines, and creates a more consistent text block. To turn on hyphenation in Word go to the “page layout” tab, find the “hyphenation button” (it looks like this
) and set to “automatic”.
Spaces between paragraphs and first-line-indents: ONE OR THE OTHER AND NEVER BOTH!!! Hyphens (-), en dash (–) and em dash (—): Hyphens are used to link words and parts of words, for example; sugar-free, user-generated, good-looking. Em dashes have two uses; to indicate a range of values (pages 450 –55) or to create a connection or contrast between a pair of words (conservative–liberal split).
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On the other hand, em dashes are used to break up sentences - where a comma is too weak, but a semicolon is too strong. Use it to create a nice pause in your writing. But as with anything, don’t overuse the em dash. Using hyphens and dashes correctly is all about using the right tool for the right job. The list above is by no means exhaustive. So if you are interested in learning more about typography‌ I would have to recommend further research.
Leo Shackley is a first year law student. His very helpful article on typography is printed here in Comic Sans because the editorial team here at The Obiter retain the right to keep their troll game high.
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BOOKING CONFIRMATION: ANDREW ‘BOLT’ SENYARD SEATING PREFERENCE: AS CLOSE AS POSSIBLE TO THE RIGHT WING
THE VIEW FROM THE FAR RIGHT 20
SENYARD J
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I’m not a suppository of wisdom and I don’t claim to be. But I know the facts when I see them, and the facts are clear: Asylum seekers are causing global warming, and the unions are funding it. When confronted by media earlier this week, a Labor spokesperson refused to comment on new evidence that suggests that carbon emissions actually increase as the population increases, something directly contributed to by arriving boat people. This has sparked widespread speculation that in fact, Labor introduced the carbon tax as a way to take attention from their failed asylum seeker policy and the resulting increase in carbon emissions. The repeal of the Carbon Tax in July was “regressive and reflective of the archaic views of the current government”, according to the Greens and Labor parties, as they stand by their cover up of a political disaster. But a recent study by the Coalition Department of Statistics found that in over two years since the Carbon Tax was enacted, global warming had not in fact stopped. This is further irrefutable evidence that the carbon tax was nothing more than a cover up by the Labor government. It also cannot be forgotten that asylum seekers are the big winners in global warming. Rising sea levels means a greater amount of ocean for them to evade Australian border authorities, increasing their chance of arriving safely in Australia, ready to start their six-month wait for the Newstart allowance. Liberal Senators have now called for a Royal Commission into the implementation of the carbon tax, the research for which was funded by the Boat People’s Union. Andrew ‘Bolt’ Senyard. *Andrew Senyard is a student at the University of South Australia and the Activities Director for USALSA Inc. Any social or political views expressed or implied in this fictional article are purely satirical and do not reflect the views of either the author, The Obiter, or USALSA Inc.
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By now I’m sure you have all seen the fancy new hand dryers that are present in almost every bathroom around the university. And at over $2000 each, the university is making quite an investment to ensure students aren’t walking around the library putting their dripping hands all over the library books. It seems only logical that if UniSA is spending such a large amount of money, students should take the time to learn how to use them properly. So The Obiter has sent one of its lead investigators to do some research into the quickest way you can get your hands fresh and dry on campus. The In and Out: Possibly the most popular method in redundant hand dryer models, the In and Out failed with the Airblade. This trusted favourite includes putting one’s hands into the dryer (under it in old models) and moving them in and out of the stream of air until your hands are dry. However in the Airblade, moving your hands in and out through the air stream simply moves the water around on the hands. Rating: 2/5
The Sideswipe: Taking advantage of the open sides of the Airblade, this technique is similar to the In and Out, but operates on a horizontal tangent. Although it is slightly more efficient than the traditional In and Out, the positioning of paper towel bins next to the Airblade in most bathrooms means that this method is impractical. Rating: 3/5
The Slow Raise: The clear winner out of the three tested methods. This involves putting your hands straight down into the Airblade before it starts, and then in one consistent movement, lifting your hands slowly out vertically, without moving them down. The horizontal stream of air forces the water down the hand and off the fingertips. The Slow Raise loses points however, as most users will not have the patience to complete this difficult technique. Rating: 4.5/5.
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EXTRA
words: Alex Svenson
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Alex Svenson is a fourth year Law and Psychology student. She agreed to give up time otherwise spent harrassing people (Wilbur) with pictures of her cat, to share her experience volunteering for The Woman’s Legal Service (SA) Inc. Can you give us a run-down? The Women's Legal Service offers free legal information and advice through a Legal Advice Line and by face-to-face appointments with women who are eligible for free legal advice or representation. It is a great service that helps women that can't afford legal help and may not qualify for legal aid. What sort of duties do you undertake? As a volunteer, my role is to answer calls from the advice line. We listen to the client's story and then discuss with the solicitors the best legal information to give the client. What sort of clients do you deal with? Women of a range of ages with a range of legal issues. Most commonly, they are seeking advice about family law issues. What is one of the more fulfilling experiences you've had? I have only been with the women's legal service for a few months but overall, it has already been a very fulfilling experience. It's great to be involved with an organisation that is helping people who need it most and feel as though you're making a difference by contributing in some way. It is a great feeling when clients thank you for helping them.
Would you recommend people volunteer at this service? I definitely would. However, the type of work the volunteers do may not suit everyone. Some of the subject matter can be quite difficult and confronting, as some clients are in very tough situations. I would encourage people to consider this before applying. Would you recommend students volunteer their time? What are some benefits? I highly recommend volunteering in general, no matter where it is. As I mentioned, it's great to feel as though you're making a difference and helping people. Volunteering is also a great way to show that you are interested in and committed to your field of choice. It is an opportunity to learn about the field. Volunteering often only requires a few hours of your time per week and there can be just as many benefits involved for you as there are for the people that you help.
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EXTRA
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UniSA Law School The Ivy League of South Australia “What a claim to make”, I suppose you’re thinking. What a claim that the University of South Australia’s Law School could, at any stage in its relatively recent lifespan, be compared to that seminal chain of Law Schools, the Ivy League. Well it can’t. At least, not yet. But it can be. The only way it can do that of course, is if you get involved. If we do what those famous Ivy League universities do best. What do they do best, you may be wondering? They do the ‘imposing gothic architecture’ thing pretty well. While not several hundred years old with accompanying gargoyles, myths and Harry Potter-style secret rooms and societies, the Jeffrey Smart building is quite impressive. The Ivy League also does the ‘intimidating lecturers’ thing pretty well. Anyone who has watched ‘The Paper Chase’ will understand.
We don’t want to do that, as one of our Law School’s key strengths is the approachability of its staff members who, combined with their knowledge and experience, bring out the best in our students. Those famous universities also buy into the ‘exclusiveness’ thing pretty well. Again, that’s not what we are aiming for. If you graduate from Harvard with great grades, you are probably on the way to greatness, but its fees reflect this reputation. Being accepted into an Ivy League school such as Harvard, Yale and Stanford is a big deal, and their fees are astronomical. We do not want that elitist attitude here. What we do want is even more important; the sheer motivation of our students. Not just the motivation to understand Walton Stores or Mabo down to the last sentence, but the motivation and ambition to improve the Law School through the honours its students heap upon it.
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EXTRA obiter the
Some of these honours I speak of are expressly obvious. The Moot and Negotiation Competitions are standouts. The more our students take the plunge, the more that the Australian community stands up and says “who are these guys?” These honours are heaped not only on the students, but the academics and faculty members also. They beam with pride knowing their students are reaching for the stars. Plus your CV looks more impressive. Others are more important. In my humble opinion we should dedicate ourselves to the cause. To butcher Lord Kitchener’s favourite quote, “UniSA wants you!” and kid, you have a duty to stand up and be counted. The collegiate system in Harvard is one where it is practically par for the course that the majority of students are involved in co-curricular activities. The collegiate system lends itself to the inclusion of everyone, no matter their background. People are inherently good when they face adversity together; people rally around one another and no one is left behind.
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It is this we need to strive towards to distinguish ourselves from up the road. We need to show that we encourage everyone to do their best. This attitude of academic and social respect lends itself well to all aspects; whether it be someone who feels confident to shout out the answer in a lecture when previously they were too afraid, or the quiet person in the cohort who feels empowered to start a new student initiative, confident their peers will support them. I request everyone to stand up, be counted and enlist within the Uni. Enter those co-curricular activities, not just for your CV, but your university that you have pride in. Support your friend who needs a helping hand with the principles of equity. Engage with competitions that would otherwise be left unrepresented by UniSA, so the desire for a tradition of excellence seeps into other students. Knock on USALSA’s or a staff member’s door about the student initiative that you thought of.
words: Travis Shueard
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Think of it as this. The more we all get involved, the less there is to do. Students are the ones who run this Law School. It is us who make up this Law School, so embrace this, and let us all embrace our passion of law together.
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EXTRA obiter the
A visit to
Forensic Science SA On the 6th August a slightly excited and mildly anxious individual entered the Forensic Science Services South Australia building. That person was me. My name is Alex Craig and I’m a second year law student. The CSI tour was an opportunity presented to me by my erudite Criminal Evidence & Sentencing Lecturer, David Plater. Forensic Science SA (FSSA) is an independent forensic laboratory located within the branch of the Attorney Generals Department. The tour commenced with an overview presentation by one of the senior executives, Michael Camilleri and was followed by a tour of the main scientific areas of Biology (DNA), Pathology, Historical Pathology, Toxicology and Chemistry. We were taken to all levels of the FSSA building, except Biology due to a contamination hazard. The tour allowed us to meet Forensic Scientists who explained the contemporary forensic techniques utilised at FSSA. The tour was comprehensive; it covered all main areas of Science practiced at FSSA. It was interactive, visual and informative. My favorite department to tour through was Toxicology. An area that particularly fascinated me was one facet of this: Traffic Toxicology.
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So here’s a little of what I learned whilst at the FSSA. Traffic Toxicology is controlled by the Road Traffic Act. It consists of two main areas: Blood alcohols, and Blood & Oral Drug Testing. • In 2005, 23% of the driver and rider fatalities on South Australian roads were attributed to drivers and riders testing positive to drugs. • 88% of these were deemed by police to be responsible for the crash. Action: introduction of roadside drug testing as a deterrent to driving whilst under the influence of drugs. In 2013/2014 alone, 49,858 drivers were tested at the roadside. From this sample, 4044 drivers confirmed a positive reading for drugs. As a member of Gen ‘Y’ the drug culture in South Australia is something I seriously underestimated, and something that has been observed to be reaching ‘pandemic proportions’ due to the birth of “analogues”, or ‘legal highs’ as they are more commonly known, in a time when you can acquire almost anything over the internet – including drugs. With outlaw/crime groups cashing in on a galactically lucrative drug trade, it’s quite a task to understand, let alone combat rapidly changing organised crime.
words and image: Alex Craig As a result, South Australia has more tests conducted roadside then any other state.The oral fluid technology utilized by our Police Force is all made possible by the team at FSSA. • In 2013/2014 4.3% of drivers tested positive for THC (cannabis) • 6.1% of drivers tested positive for methamphetamine • 0.2% of drivers tested positive for MDMA (ecstasy) • and 2.5% of drivers were using multiple drugs.
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Toxicology also deals with Drug detection services, through the analysis of oral fluid, blood, urine or hair. Hair provides a comprehensive historical breakdown of a persons recent drug history, so it may be no mean coincidence that Brownlow medalist Ben Cousins shaved his head before submitting himself to Police some years ago. I would suggest to any Law Student, future, past and present - if you are presented with the opportunity to tour FSSA, grab it with both hands! It is a unique place; both the way of the future and a means of interpreting the past.
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PRECEDENT obiter the
words: Steve Bailey
Enjoy Jurisprudence
Advice if you Kant get your head around it. If Immanuel Kant were around today, it is likely he would be as concerned over the apparent threat to the survival of the subject of Jurisprudence as he was for the survival of our souls – that is, our survival in general. Kant’s theory for many is already compelling– though not necessarily easy on the ears. As some will know, Kant commands us to unconditionally respect the moral law (his Categorical Imperative). The moral law requires us to be unconditionally respectful of the environment, all species, each other and ourselves. In return, we will be free minded, get to know our true selves as love/soul/spirit and experience genuine happiness in the present and future life. As an interesting starter, note that Kant has much in common with Buddhist doctrine and the underpinning principles of all religions (prior to divisive misinterpretations). He also has much in common with present day personal development gurus, such as Eckhart Tolle and Mike George. Keen students should explore also Carl Jung’s views on the human psyche and the ‘collective unconscious.’ By doing this, it is likely to open the mind to explore new perspectives which will not only help in understanding
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Kant, but in understanding many of the challenging issues that arise in today’s society. Super keen students may also enjoy reading Dan Brown’s The Lost Symbol, which opens one’s mind to the interconnection between science, religion and philosophy. They will also find that none other than Albert Einstein’s views on life fit very much within a new perspective on Kant. As do the thoughts of many of the great philosophers over time who all express concern over the lack of free-mindedness of human beings. In addition to all this, it is strongly argued that our present day legal system is underpinned by flawed philosophy founded upon a flawed argument. Underpinning this philosophy is an unconvincing answer to the authoritative question – the why be moral/ why obey the law question. HLA Hart’s answer is that we simply accept that his rule of recognition exists – which means something along the lines that if the law has satisfied all the administrative requirements, then we must accept it as valid law. If the law enforces moral conduct, that is great. If it does not however, then we still must accept it as law as perfect justice is impossible and this is our best possible system.
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This argument bears similarity to the current attitude toward jurisprudence as a subject. There appears resignation to the fact that we have our best possible system of law so why bother studying the philosophy, or even trying to understand why there is underpinning philosophy, if all we’re really interested in is completing the subjects, finishing our degree and getting out into the work force to earn money? If we are earning good money then why question anything? Why do a waste of time subject that is not relevant to practice? This would appear to be the attitude that is being encouraged in relation to acceptance of modern legal positivism as the underpinning philosophy of law. Don’t question it, just get out there and apply it. Even better, don’t do a subject that promotes the questioning of it at all – especially if this helps to cover up a conspiracy! For those that want to entertain such thoughts this is a good place to do it without appearing too crazy (not that being thought of as crazy in the world at present is necessarily a bad thing, Kant would likely say). The big problem with having a legal system that does not unconditionally enforce moral conduct, is that it allows room for the system to be abused. And it is strongly argued that it has been, often as a result of the money and power objectives of those that do it – consider some of the big corporations – Monsanto, for example.
“There appears to be a resignation to the fact we have our best possible system of law, so why bother...?” When one considers the issues going on in the world at the moment: poverty, mental health, wars, racism, environmental damage, animal cruelty and gender stereotyping whilst considering the privileged position law students are in to do something about the system that influences these outcomes, there is no doubt that Kant would strongly encourage law students to enthusiastically undertake their jurisprudence subject. Not only would he think they were fulfilling their responsibility and empowering themselves to best serve the wider community; they will also do themselves some serious benefit in all of their life pursuits.
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