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MONDAY 15 APRIL 2013

Are Law Students Getting Their Moneys Worth?


Current Student Amenities Fee Distribution Questioned
Nicholas Baum
Concern is growing amongst interested members of the student body that the Student Services and Amenities Fee is not being spent on the services for which it is being charged. The Student Services and Amenities Fee (SSAF), a $273 compulsory payment charged to all full-time tertiary students to support independent student organisations and the provision of student services, is facing criticism that it is not being spent in the interests of law students. The majority of law student groups that provide key services to law students do not receive funding under the SSAF. These services, including social events, careers advice, education assistance and student support, go to the very heart of why the SSAF fee is being charged to students, and yet are not funded by that same fee. While money spent on university sports programs, childcare services, and student support and advocacy are freely available for law students, over $100,000 of law student funds allocated to the Graduate Student Association (GSA) is not directly benefiting the law student population. (Disclosure: De Minimis receives funding from the GSA.) The GSA provides a breakdown of their funds online at <http://www.gsa. unimelb.edu.au/council/Your_Services_ and_Amenities_Fees_SSAF_-_How_ GSA_spent_your_fees_in_2012.shtml>, but does not provide a detailed budget. The Law Students Society (LSS) does not receive any funding under the SSAF, and would be eligible only for $2 per student even if they met the GSAs funding obligations. The problem with the allocation seems [to be] that the University is giving primacy to making negotiations on the split as easy as possible, rather than ensuring the best outcome for student life, LSS President Pat Easton said. Last year, Antony Freeman as LSS President approached the Provost regarding a reconsideration of their allocation agreement and we were rebuffed, Easton continued. The university made it fairly clear they werent interested in hearing from the LSS. Andrew Frawley, who is leading the LSS campaign for a reallocation of the funding, stressed that this was not just about the LSS getting more money. We understand that the LSS doesnt have sole claim as a representative organisation in the law school, but we feel that each of those organisations LSS, GLSA, MLMSA, MCLS, MJIL, MULR would do a better job of representing the interests of law students than the GSA, Frawley said. He pointed out that more funding from the SSAF fund would enable these groups to provide services that were not as tied to the sponsorship obligations of commercial law firms. GSA councillor Michael Robson, who is also a third-year JD, responded to these concerns, stating that faculty bodies provide social and complementary educational services, supported by the GSA and UMSU. The broader services these organisations offer require considerable resources, including staff and expertise, that faculty bodies cannot provide. The GSA is a body that represents all graduate students, not just those from a particular faculty, Robson added. We represent student interests on university committees and boards and provide expert advocacy services [and provide] funding and support for student clubs and societies. The universitys academic registrar Neil Robinson has asked students to submit feedback on the allocation of the funds collected through the SSAF. The SSAF legislation may be repealed by a Coalition government, and the university reportedly wants to know which services to prioritise.

De Minimis
Official Newspaper of the Students of Melbourne Law School, Established 1948, Revived 2012 Volume 3, Issue 6

www.mudeminimis.com

THE GSAS OFFICE IS SITUATED AT THE 1888 BUILDING ON MAIN CAMPUS. PHOTO: DE MINIMIS

2 FEATURES
2013 Brett Memorial Lecture

De Minimis mudeminimis.com Volume 3, Issue 6

Social Justice Takes Proximity, Hope & Commitment


Jessica Williams
Why do we want to kill all the broken people in this country? Bryan Stevenson stands before us and emphatically asks. Why do we not want to help all the broken people? Whilst standing before a captivated, awe-inspired audience in Melbourne, Australia, Stevenson is in fact discussing a situation in the United States of America. Stevenson, a Professor of Law at New York University, recently visited Melbourne Law School to teach the week-long masters subject Criminal Law, Poverty and Justice, ending his final day of teaching on Tuesday, 9 April 2013 by delivering a public lecture to a fully packed theatre in Room GM 15 of the law building. In a speech entitled Challenging Injustice: The American Experience, the 2013 MLS Peter Brett Memorial Lecture, Stevenson discussed the problems and inequalities within the system of mass incarceration in America, where 2.3 million people are currently incarcerated, the highest national rate of incarceration in the world. America also stands alone as the only nation that permits children to be trialled as adults and imprisoned for life, without parole. Stevenson discussed the extraordinary error rate, whereby 1 in 9 persons executed are later recognised to be innocent, highlighting the problems of a system that treats you better if youre rich and guilty than if youre poor and innocent. In this sense, Stevenson believes the

BRIAN STEVENSON, PICTURED ABOVE, KEPT ATTENDEES HEARTS AND MINDS ENGAGED. PHOTO: DE MINIMIS

greatest opposite to poverty isnt wealth, as traditionally conceived, but that the true opposite of poverty is justice. The main thesis of Stevensons speech was that a new approach is needed. Particularly, he considers that for existing injustices to be challenged, proximity, hope and a willingness to experience discomfort are required. By proximity, Stevenson refers to getting close to persons who have been disadvantaged, as it is in relation to problems that we understanding things we cannot otherwise understand in the alternative state of disassociation. Hope is needed, as when we allow ourselves to be hopeless about what we can do, we allow the key ingredient that perpetuates inequality. Finally, we require a willingness to step beyond comfort zones, as making ourselves uncomfortable about the curtea, and even that they screw up. The food options are limited, and overpriced. They also tend to noticeably recycle the previous days stale food, which they generously overheat to compensate for its lack of freshness. Its only redeeming feature is that it is eight entire steps from the entrance of the building, so if youre physically incapable of walking more than 300 metres from a textbook, this will be your best option. Otherwise, in the immortal words of Nancy Reagan, just say no. SCORE: 1/5 coffee beans.

Caffeinating Before Litigating

rent state of society is what most readily causes us to improve society. Filling his talk with anecdotes both amusing and heart-wrenching, including references to Rosa Parks, a clients endless desire for milkshakes, and the change of an initially hard-hearted white male prison officer, Stevenson ended his talk to an enthusiastic, extended round of applause that may have seemed more aptly placed at the end of a music concert rather than the completion of a speech delivered in a university lecture theatre. Yet talking to gushing MLS students and alumni after the talk, youd be forgiven for thinking Bryan Stevenson was a rockstar. The overwhelming response was that Stevensons speech was endlessly inspiring - and for good reason. For those who were unable to attend the talk, a video recording of the event will soon be posted on the MLS website. De Minimis Staff
Editor Dean R. P. Edwards Online Manager Mika Tsoi Layout Editor Mika Tsoi Staff Nick Baum, Reegan GraysonMorison, Emma Henderson, Thomas Ho, Haram Kwon, Andrew Michaelson, Anna Nodrum, Melissa Peach, Doug Porteous, Tessa Sidnam, Jess Sykes, Christine Todd, Jessica Williams, Annie Zheng Online at http://mudeminimis.com

Christine Todd

Porta Via Just Outside MLS. While conveniently located at the base of the building, the coffee at this caf makes International Roast instant coffee look good. Their coffee is frequently burnt, oily and bitter, with the latter two a telling sign that their workstation is not cleaned with care. On several occasions I have requested soy only to be given full cream milk. The coffee here is bad enough you will willingly convert to

De Minimis mudeminimis.com Volume 3, Issue 6

FEATURES 3
Comment

Coffee Hour with New Judge-in-Residence


Raoul Renard
This Thursday, over a delectable spread of biscuits and lattes, we were fortunate enough to hear from our new Judge-inResidence, former judge of the Victorian Court of Appeals Bernard Bongiorno AO, about the sometimes startling idiosyncrasies of the civil law. The event was organised by Sophie Molyneux and Karyan Ng of the Global Law Students Association, part of the regular Coffee Hour conversations where students can enjoy a coffee with eminent guests from around the legal world. Bongiorno modestly described his interaction with the civil law of much of Europe as a hobby interest, but this was belied by his extensive knowledge of the history of its development, from the Roman law codified by Justinian in the sixth century AD to the Code Napolon. Bongiorno is lucky to have a flat within the Priphrique in Paris, and perhaps luckier still to share the building with Franoise, a fellow judge. Over the years, they have discussed with zest and occasional shock the various difference between the legal systems of their respective countries. Franoise, for example, scoffed at the seemingly endless provisions for counsel to cross-examine witnesses in our system. Bongiorno, on his part, expressed surprise that in French criminal trials the judges and jury retire together to discuss the case and arrive at a verdict. What is perhaps more interesting for you, future advocates of MLS, is that in France, whilst barristers also wear gowns, they usually do away with the sartorial elegance of, say, a Denny Crane, and opt for jeans, runners and Tshirts underneath! A murder trial taking more than three days is a rare phenom-

(Some) Lawyers Are People, Too (Almost)


Christine Todd
Lawyers can get a lot of grief for doing the work they do. They consistently rank as one of the most hated professions, despite offering some pretty invaluable services. International Be Kind to Lawyers Day (April 9) was created to remedy this injustice, forcing people worldwide to sacrifice 1/365th of their year to treat their lawyer friends and family as the almost semi-humans that they are. I extended the scope of the day to include law students for completely unselfish purposes this year, alerting people within shouting distance of the occasion, and patiently awaiting pleasantness. Crickets. I wrote about it on the social media, and even texted my grandfather, a former judge who refuses to put his legal years behind him. The little message came up on my phone indicating hed read the message, but he never responded. Presumably he was too busy laughing. The day itself was as painfully average as any other. The assignments didnt miraculously disappear, my library fines werent suddenly wiped, and I had to buy my own coffee. Barista didnt even smile. Worse still, I was unsuccessful in trying to be kind to my lawyer friends. They told me off for interrupting their meeting with a client, so I gave their dinosaur balloon and muffins to a really tired-looking IT specialist on the tram home. So my recommendation for those of you expecting to reap the benefits of International Be Kind to Lawyers Day: dont expect the world to be kind to you. Be kind to yourself. Take a day of sick leave (to be fully sick, amirite?), buy yourself a nice bottle of wine, schedule a massage and tell yourself that all the hatin and all the paperwork is worth it. Cos you love being a lawyer. And dont forget some of the other relevant international days of celebration that are relevant to lawyers and law students alike: April 13 is Blame Somebody Else Day. April 16 is Stress Awareness Day. June 5 is the Festival of Popular Delusions. And May 9 is Lost Sock Memorial Day. Because what the hell.

THE HON. BONGIORNO AO. PHOTO: MLS

enon, and whilst there is a strong culture of respect for magistrates, barristers and judges alike are prone to engaging in shouting matches across the bench until someone yells Tais-toi! [ed.Shut up! in English] Finally, a key difference is that the French seem, historically, to have a much better record in terms of the feminisation of the judiciary, with most three-judge trials comprising two females to one male. The Coffee Hour was a fantastic experience to learn from a man of much experience and eminent approachability. I encourage all students to take advantage of the opportunity to participate in an informal conversation with our Judge-in-Residence on Tuesdays and Thursdays from noon 3 pm.
MLS students can book individually or in groups of no more than seven, by signing up outside Room 950. The half-hour sessions are in the Malcolm Fraser room on Level 9. Sessions can be scheduled between 18 April and 18 May 2013. More information is available about Judge-in-Residence Bongiorno at http://www.law.unimelb.edu.au/staff/ Bernard_Bongiorno.

Advice: Avoid The Claw


Mika Tsoi
When you have three sit-down three and a half hour exams in the space of one week, you develop the claw. Your hand seizes up and you cant write anymore. Thats bad, particularly if all that study is not best used because your hand is going to drop off. How to avoid this? Write with your shoulder, instead of your hand. Use the

big muscles in your shoulder to move the rest of your arm, instead of the small ones in your hand to move your pen. Heres a link that explains everything: <http://www.paperpenalia.com/ handwriting.html>. It might improve your handwriting as well. Thats also good for placing no barriers in the way of getting marks. If you start practicing now, youll have adjusted by the time exams roll around.

4
Pixelated Justice

De Minimis mudeminimis.com Volume 3, Issue 6

QUIZ
1. On the weekend, Black Caviars record rose to how many races undefeated? 2. What do the internal angles of a triangle add up to? 3. Which candy has the advertising slogan taste the rainbow? 4. Which is the fastest (flying) bird in the world? 5. Athos, Porthos and Aramis make up which famous trio (from literature)? 6. Name the cocktail from its ingredients: gin, sugar, lemon juice, soda water. 7. In which city would you find The Forbidden City? 8. What is the dogs name in the TV show Family Guy? 9. What was former Prime Minister Malcolm Frasers wifes name? 10. Where is The Gabba (stadium) situated? Answers below. This weeks quiz compiled by Anna Nodrum.

Upcoming Events
Tuesday, 16 April & Thursday, 18 April Building Your Professional Profile, run by MLS Careers Office, 1 pm on 16/4, 3 pm on 18/4, Room G29. Tuesday, 16 April Foundations of the Australian Legal System, lecture by Natalie Wieland from the MLS Academic Skills Centre, Room 605. Registration required, online at <www.eventbrite.com.au/ event/6183136929>, by 15 April. Thursday, 18 April Film Screening: Tales of the Night Fairies, held by the Asian Law Centre, 3 pm, Room 920. Light refreshments served. Registration required, online at <http://tinyurl. com/cvn6q49>. Thursday, 18 April Market driven freedom of speech media between democracy and market, lecture by Prof. EvaMaria Svensson, 5.30 pm, Room 920. Registration required, online at <http://tinyurl.com/c92tjfp>.

Peter Botros

Agony Aunt

Living Within the Law School Bubble


Dear Agony Aunt, I currently live at home, and some of my new JD friends have asked me to start a share house with them next semester. I think it would be fun, but Im kind of worried that living with friends who I also have classes with might be too much time spent together. I dont want us to all end up getting on each others nerves. Should I move in with them? Potential Housemate Dear Potential Housemate, Choosing people to live with is never easy. Especially when it comes to living with friends. Just because they are fun to get boozed with doesnt mean that you are going to like their quirks and habits. Maybe they clip their toenails at the kitchen bench, and leave their dishes lying around the house to turn mouldy and someone doesnt pay their bills on time. Or you might wake up to cake on your birthday, have spontaneous sing-a-longs and/ or dance-offs in your living room, and have someone to go pick up that parcel waiting for you at the post office. Basically, this is a long-winded way of saying, you just never know. Either way, go for it. Share housing is a rite of passage, and everyone should have at least one this insane housemate I once had <insert nutty story here> and one the best housemate I ever had once <insert awesome/sweet/hilarious story here> stories to tell. Auntie Ethel

QUIZ ANSWERS. 1. 25 2. 180 degrees 3. Skittles 4. Peregrine Falcon 5. The Three Musketeers 6. Tom Collins 7. Beijing 8. Brian 9. Tammy 10. Woolongabba, Brisbane

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