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Our legal system is the culmination of human scholarship, philosophy, and societal development. In the modern age, it’s natural to question whether the nuanced understanding of this system and the art of advocacy is something which can only be mastered by a human. As a surgeon’s hands are replaced with robotic arms, is it now the lawyer’s turn to be condensed, perfected, and replaced?
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Our legal system is the culmination of human scholarship, philosophy, and societal development. In the modern age, it’s natural to question whether the nuanced understanding of this system and the art of advocacy is something which can only be mastered by a human. As a surgeon’s hands are replaced with robotic arms, is it now the lawyer’s turn to be condensed, perfected, and replaced?
Introducing AI, the lightsaber to the legal world! It glows with many possibilities, yet promises many dangers if wielded improperly. AI is capable of assisting with legal research, evidence gathering and drafting submissions, but further development is required for it to operate autonomously as an advocate.
Artificial Intelligence (‘AI’) has undoubtedly made great strides in the legal field over the past decade. Despite these technical breakthroughs, debate continues to surround the claim that AI can adequately replicate the various roles of counsel in Australia. A barrister’s skill does not lie solely in their mastery of crafting submissions and traversing law reports–instead, their role ranges anywhere from advocate to advisor to perhaps mediator on occasion. Additionally, NSW barristers must observe a set of statutorily defined prescriptions, which embody their independence, professionalism, impartiality, and overriding duty to the administration of justice. We argue that, at least presently, an AI device cannot receive a “call to the bar” because technological and cultural challenges prevent it from adequately embodying a barrister’s roles and values as advocates and advisors.
It’s almost invisible,
a cleaving as slight
as the stitch
between one second
and the next.
The shards of sun that could pierce through the clouds illuminated a red plain. The wind was starting to pick up – by nightfall it would be roaring – but otherwise the place was deathly still. A lone wallaby stared at a shape fixed in the middle of the plain. A gargantuan shape, green and black. A house, a manor of some sort that had long since been deserted. It had more than decayed.
she’s a toothy trap, a thug and thief
a flowing river, dying reef
a coin, some cash, some promised note
all that she is, the Writers wrote
Senate Bill 8, otherwise known as the ‘Texas Heartbeat Act’, went into effect on the 1st of September 2021. This newly passed Texan abortion law offers a bounty of $10,000 USD to anyone suing clinics, doctors, nurses, abortion providers and other residents who knowingly or intends to ‘aid or abet’ the performance or inducement of an abortion.
To me, onward means progress, embracing change and new ideas. But onwards also means reflecting on the past. Over the past few years, we have seen a substantial growth in awareness of non-binary gender-diverse people, and a drive for inclusivity. As a burgeoning law student, I wonder how the legal profession, as an advocate for both reform as well as protecting our values, will navigate a post-pandemic world where our personal and collective identities are rapidly shifting in new directions.
Kiran Gupta talks to Associate Professor Nicole Graham, Associate Dean of Education at Sydney Law School about the rapid shift to take-home exams at the start of the COVID-19 pandemic and the plans for the take-home exam in the Law School’s future.
When Justice Stevens, writing for the majority in Chevron U. S. A Inc. v Natural Resources Defence Council, 467 U.S. 837 (1984), laid down the principles of what later became known as Chevron deference, he likely did not consider that the Court was doing anything remarkable. However, contrary to that assumption, the Chevron decision has since become a bedrock of American jurisprudence. In addition, there exists another less well-known, yet equally significant doctrine, that compels courts to give the federal agency the highest deference when interpreting its own regulations—this is the Auer deference
Ex-president Donald Trump’s recent nomination of US Court of Appeals judge Amy Coney Barrett to the Supreme Court following the death of Justice Ginsburg sparked global concern of a reversal of progressive decisions in many landmark US cases. In particular, the media has homed in on cases which deal with current social-political issues—such as Roe v Wade, 410 U.S. 113 (1973)—as decisions that might be reconsidered. Yet, while these cases are undoubtedly important, there are many significant decisions which, though targeted by conservatives since they were decided, remain overlooked by the international community. Most notably is Chevron U. S. A Inc. v Natural Resources Defence Council, 467 U.S. 837 (1984), a case long criticised by the American right, and which will be the focus of this article.
Moving to a new state alone to start the JD this year came with fears and many expectations. I had a mental checklist of things I strived to do, including trying to get out of my comfort zone and get involved at USYD. I figured this would allow me to meet new people and start fresh. However, life is unpredictable and before I knew it I was on a flight back home merely 2 months later. Reflecting back, I have now come to accept the situation but at the time, I was distraught, my mind was constantly racing and I couldn’t sleep for months
The recent Raise the Age campaign, spearheaded by legal experts, doctors and justice groups, aims to raise the age of criminal responsibility from 10 to 14 to bring Australia in line with many of the jurisdictions around the world and to stop kids from being locked up. In this episode of Footnotes, we delve into Australia's current policy regarding the age of criminal responsibility, have a look at the backgrounds of the kids who are ending up in prison because of it, and also discuss potential alternatives to the current practice of youth incarceration.
Many students may have little idea of what sort of career they would like to pursue after graduating from their degree. Others may have some sort of idea. Why not pursue a career in refugee rights and migration? Here are some highlights of a discussion Joseph Black had with Mitchell Skipsey, Lawyer at The Refugee Advice & Casework Service (RACS), on the field.
This piece explores the extra-legal basis of China’s social credit system and the recent proposals to reform the scheme through a progressive vision of legality, consistency and clarity. However, the proposed developments struggle to substantiate how such ideals will be achieved in practice without any legislative mandate.
SULS WRITING COMPETITION 2021
It’s almost invisible,
a cleaving as slight
as the stitch
between one second
and the next.
The shards of sun that could pierce through the clouds illuminated a red plain. The wind was starting to pick up – by nightfall it would be roaring – but otherwise the place was deathly still. A lone wallaby stared at a shape fixed in the middle of the plain. A gargantuan shape, green and black. A house, a manor of some sort that had long since been deserted. It had more than decayed.
she’s a toothy trap, a thug and thief
a flowing river, dying reef
a coin, some cash, some promised note
all that she is, the Writers wrote
To me, onward means progress, embracing change and new ideas. But onwards also means reflecting on the past. Over the past few years, we have seen a substantial growth in awareness of non-binary gender-diverse people, and a drive for inclusivity. As a burgeoning law student, I wonder how the legal profession, as an advocate for both reform as well as protecting our values, will navigate a post-pandemic world where our personal and collective identities are rapidly shifting in new directions.
ANALYSIS
Senate Bill 8, otherwise known as the ‘Texas Heartbeat Act’, went into effect on the 1st of September 2021. This newly passed Texan abortion law offers a bounty of $10,000 USD to anyone suing clinics, doctors, nurses, abortion providers and other residents who knowingly or intends to ‘aid or abet’ the performance or inducement of an abortion.
When Justice Stevens, writing for the majority in Chevron U. S. A Inc. v Natural Resources Defence Council, 467 U.S. 837 (1984), laid down the principles of what later became known as Chevron deference, he likely did not consider that the Court was doing anything remarkable. However, contrary to that assumption, the Chevron decision has since become a bedrock of American jurisprudence. In addition, there exists another less well-known, yet equally significant doctrine, that compels courts to give the federal agency the highest deference when interpreting its own regulations—this is the Auer deference
Ex-president Donald Trump’s recent nomination of US Court of Appeals judge Amy Coney Barrett to the Supreme Court following the death of Justice Ginsburg sparked global concern of a reversal of progressive decisions in many landmark US cases. In particular, the media has homed in on cases which deal with current social-political issues—such as Roe v Wade, 410 U.S. 113 (1973)—as decisions that might be reconsidered. Yet, while these cases are undoubtedly important, there are many significant decisions which, though targeted by conservatives since they were decided, remain overlooked by the international community. Most notably is Chevron U. S. A Inc. v Natural Resources Defence Council, 467 U.S. 837 (1984), a case long criticised by the American right, and which will be the focus of this article.
OPINION
This piece explores the extra-legal basis of China’s social credit system and the recent proposals to reform the scheme through a progressive vision of legality, consistency and clarity. However, the proposed developments struggle to substantiate how such ideals will be achieved in practice without any legislative mandate.
Content warning: rape, sexual violence
‘Rape culture’ thrives in an environment in which sexual violence and assault is freely perpetrated. In our modern and globalised society, it is shocking to notice the prominence of rape culture increasing despite the call to action to reduce such instances. From personal experience, the attitude of ‘boys will be boys’ normalises sexually promiscuous comments, jokes, inappropriate touching, and similar to continue. Unfortunately, most readers of this article would have experienced or been in close contact with some form of sexual harassment or violence during their lives. Such instances have the impact of diminished mental health outcomes including anxiety, depression, trauma, and others.
It was difficult to ignore the controversy this statement stirred within the legal community two months ago. In his first White House address regarding the George Floyd Riots, the President threatened to invoke the powers provided in 10 U.S.C. § 251-255 ‘Insurrection Act’. This allows a President to deploy the US Military or federalised National Guard into states where insurrection has threatened constitutionally protected rights or legal order. While the debate was focused on whether the Insurrection Act could be used against the riots, little attention was given to another law which limits the President’s ability to domestically deploy the military for law enforcement.
More than 200 years after Immanuel Kant called for the protection of human rights under international law, the United Nations adopted a Charter unprecedented in human history, determined to save successive generations from the scourge of war. However, since its founding in 1945, the world has been plagued by war. The twentieth century saw two World Wars, a Cold War, and the mass extermination of six million Jews. If there was a chronicle on world history, the twentieth century would be its darkest chapter. From Syria, the worst humanitarian crisis since World War II, to Yemen, home to more than 12 million children on the brink of starvation, recent world events have reignited the hotly contested debate on humanitarian intervention.
The Mabo (No 2) decision in the High Court of Australia is a fixture of any law student’s studies. Its evocative language of rights and the overturning of terra nullius occupies a prodigious space in our understanding of Australian native title. But the story is not over, nor the fight won.
The closure of the campus means that in the foreseeable future we may not be able to catch up with friends at Taste or listen to the carillon chiming as we walk through the Quad, but for many, these are the least of our issues. A proportion of non-local students have taken the option of leaving Sydney and returning home; most of them are still paying the rent for their no-longer-occupied accommodation.
INTERVIEWS
Kiran Gupta talks to Associate Professor Nicole Graham, Associate Dean of Education at Sydney Law School about the rapid shift to take-home exams at the start of the COVID-19 pandemic and the plans for the take-home exam in the Law School’s future.
The recent Raise the Age campaign, spearheaded by legal experts, doctors and justice groups, aims to raise the age of criminal responsibility from 10 to 14 to bring Australia in line with many of the jurisdictions around the world and to stop kids from being locked up. In this episode of Footnotes, we delve into Australia's current policy regarding the age of criminal responsibility, have a look at the backgrounds of the kids who are ending up in prison because of it, and also discuss potential alternatives to the current practice of youth incarceration.
Many students may have little idea of what sort of career they would like to pursue after graduating from their degree. Others may have some sort of idea. Why not pursue a career in refugee rights and migration? Here are some highlights of a discussion Joseph Black had with Mitchell Skipsey, Lawyer at The Refugee Advice & Casework Service (RACS), on the field.
Footnotes is a podcast by SULS hosted by students, for students, presenting new and intriguing stories about the law. Here are the highlights from their most recent episode where we explore how COVID-19 has impacted our lives and catalysed changes to the legal profession.
Footnotes is a podcast by SULS hosted by students, for students, presenting new and intriguing stories about the law. Here are the highlights from their most recent interview with Gilbert + Tobin, featuring Kristie Barton (Clerk and Graduate Program Manager), Bryce Craig (Lawyer - Technology + Digital) and Lauren Ziegelaar (Legal Transformation Lawyer) about clerkships and graduate roles, how the delivery of legal services has changed in the face of new and innovative legal technologies, and the skills young lawyers need to equip themselves for the legal industry of the future.
The SULS Social Justice Portfolio recently hosted the event ‘Working in Criminal Law’, discussing a variety of issues with professionals from the field of criminal law. The panel consisted of Ruth Heazlewood (RH) and Madeleine Avenell (MA) from the Public Defenders Office, Adrienne Ey (AE) and James Ly (JL) from the Office of the Director of Public Prosecutions NSW and Justin Wong (JW) from Streeton Lawyers. These were the highlights of the discussion:
SULS Footnotes is a podcast hosted by students, for students, presenting new and intriguing stories about the law. Here are the highlights from their most recent interview with Allens on ‘A Day in the Life of a Litigation Lawyer’, with Lucy Zimdahl and Daniel Emmerig from Allens’ Disputes team, to see how the process of litigation unfolds on a corporate scale.
SURVIVING LAW SCHOOL
Moving to a new state alone to start the JD this year came with fears and many expectations. I had a mental checklist of things I strived to do, including trying to get out of my comfort zone and get involved at USYD. I figured this would allow me to meet new people and start fresh. However, life is unpredictable and before I knew it I was on a flight back home merely 2 months later. Reflecting back, I have now come to accept the situation but at the time, I was distraught, my mind was constantly racing and I couldn’t sleep for months
The SULS COVID-19 Student Experiences Survey was administered in Semester 1, 2020 to gather information on students' experiences of the COVID-19 pandemic. It measured experiences in three areas: economic experiences, academic experiences and mental wellbeing experiences. It was presented to the law faculty on 2 July 2020 at the Student Staff Consultative Forum.
Every year, thousands of students across Australia enter their first ever law lecture feeling a mix of excitement and nervousness. Some feel it is the long-awaited beginning of their journey to becoming Australia’s next leading barrister, while others view it as just another boring day at university. One thing that is common among most students, however, is a desire to have a unique impact on the world, and to be more than just an average student.
Someone that has certainly exemplified what it means to be more than just a law student is Milan Gandhi. Milan is the Founder and National Director of The Legal Forecast, a not-for-profit run by early-career professionals who are entrepreneurially-minded and promote the importance of technology for effective legal practice.
The desire to be selected for a clerkship seems to be shared ubiquitously among law students and aspiring lawyers in Australia. At the same time, because so many people end up applying for clerkships, not all applicants, including excellent applicants, can be accepted. This can create quite a bit of heartbreak and sorrow.
Joseph Black explores some alternatives for law students this break.
For every law student, we pride ourselves for being a part of Sydney Law School, from the high ATAR cut-off that creates so much tension on USyd Rants, to the sleek, modern, glass architecture of New Law and New Law Annex making landmarks on Eastern Avenue, to the vibrant SULS and the supportive teaching staff, no matter how much we complain about law school, we really love being a part of it.
This is a complete transcript of the SULS panel discussion for online exams held in Semester 1, 2020. The panel was moderated by Natalie Leung (Vice President (Education) 2020) and consisted of Professor Rita Shackel, Dr Kevin Walton, Professor Peter Gerangelos and Dr Gemma Turton.
This is a complete transcript of the SULS panel discussion for study technique held in Semester 1, 2020. The panel was moderated by Natalie Leung (Vice President (Education) 2020) and consisted of Dr Natalie Silver (NS), Dr Kym Sheehan (KS) and Charlotte Trent (CT).
A complete transcript of the SULS panel discussion for assignment technique held in Semester 1, 2020. The panel was moderated by Natalie Leung (SULS Vice President (Education) 2020) and consisted of Professor David Kinley (DK), Professor Simon Rice (SR), Mr Tim Pilkington (TP) and Dasha Moskalenko (DM).
As we enter a different phase of our university education amidst rapid changes in our personal, social and academic lives, many of us have been forced to rethink our study routines and how we do uni. With the news and government regulations changing by the hour, it can be an overwhelming experience for many of us. Here are some tips and tricks to make this sudden transition easier for you.
It is normal to feel like we are all constantly in motion, struggling to stay afloat. The analogy often thrown around is that law school can be like a duck floating on top of the water. People give the impression that everything is under control, but underneath the surface they are scrambling. There is no doubt that ambition and drive is essential to get ahead in this world.
SULS x NSW BAR ASSOCIATION COMPETITION 2022
Our legal system is the culmination of human scholarship, philosophy, and societal development. In the modern age, it’s natural to question whether the nuanced understanding of this system and the art of advocacy is something which can only be mastered by a human. As a surgeon’s hands are replaced with robotic arms, is it now the lawyer’s turn to be condensed, perfected, and replaced?
Introducing AI, the lightsaber to the legal world! It glows with many possibilities, yet promises many dangers if wielded improperly. AI is capable of assisting with legal research, evidence gathering and drafting submissions, but further development is required for it to operate autonomously as an advocate.
Artificial Intelligence (‘AI’) has undoubtedly made great strides in the legal field over the past decade. Despite these technical breakthroughs, debate continues to surround the claim that AI can adequately replicate the various roles of counsel in Australia. A barrister’s skill does not lie solely in their mastery of crafting submissions and traversing law reports–instead, their role ranges anywhere from advocate to advisor to perhaps mediator on occasion. Additionally, NSW barristers must observe a set of statutorily defined prescriptions, which embody their independence, professionalism, impartiality, and overriding duty to the administration of justice. We argue that, at least presently, an AI device cannot receive a “call to the bar” because technological and cultural challenges prevent it from adequately embodying a barrister’s roles and values as advocates and advisors.
SULS x NSW BAR ASSOCIATION COMPETITION 2020
The near universal accessibility of the internet in Australia has led to the simplification of many commercial activities such as retail banking and the lodging of tax returns. Conversely, navigation of the judicial system, which prior to COVID-19 had largely resisted digitalisation, remains a complex, expensive and daunting experience for most litigants. Despite the incremental acceptance of technology by the Australian judiciary, the experience of comparable common law jurisdictions suggests a transition to online courts is inevitable.
In recent years, we have seen unprecedented technological advancement across broad disciplines, showing great potential and revolutionising the way certain tasks are operated. Such technology is remarkably applicable in the area of law, where artificial intelligence (AI) systems are being used to automate and augment legal procedures such as legal research, e-discovery, contract drafting, and predicting litigation outcomes. In June 2020, OpenAI released a new AI system called GPT-3, a developed language model that has 175 billion parameters. Due to its size, GPT-3 can carry out specific tasks such as generating code, solving problems, and composing poems without the need to input large amounts of complex data. As it is in its beta stage, it is only accessible by a limited number of individuals. Regardless, the introduction of GPT-3 gives access to new opportunities pertinent to the field of law.
Our legal landscape is rapidly evolving, and one of the most significant disruptors of the past few years is the use of predictive analytics.
Predictive analytics refers to the forecasting of outcomes through analysing quantitative data, which allows lawyers to engage in more efficient and strategic decision-making. This includes predictive judicial analytics, which involves the analysis of judicial behaviour by looking at decision-making patterns of judicial officers and predicting the likely outcome.
It is not a question of if, but when Artificial Intelligence (AI) will be widely deployed in judicial decision-making throughout the Australian legal system. Comparable common law jurisdictions have already begun to employ machine learning. In the USA, AI is used to estimate the risk of recidivism. The department overseeing New Zealand’s accident compensation scheme has recently committed to the nation’s charter regulating the use of algorithms in governmental decision-making.
Given that justice delayed is justice denied, many jurisdictions have turned to virtual courts as a response to the COVID-19 pandemic. The ‘conceptual idea of a judicial forum that has no physical presence but still provides the same justice services available in courtrooms...assessed online through videoconferencing and teleconferencing’ was forced into realisation. Critically engaging with COVID-era cases, this blog will explore the present challenges and opportunities surrounding virtual courts as well as its enduring implications on the legal sphere.
Before we look into the blockchain, we may first look at a beautiful Micronesian island named Yap. The currency on the island is stone money, which is a large doughnut-shaped stone weighing up to four tons. So how do they use it in trade? The Yapese people innovatively developed their monetary system that, without the physical transfer of such stones, they record each transaction throughout the tribe in their distributed ledger. Each family holds its own ledger and the majority of the ledgers validate a transaction.[1] It might sound a bit primitive, but in reality, it builds up a very trustworthy and verifiable system. A single person could not change or tamper the record because it exists not only between two parties but among everyone.
Natural Language Processing (NLP) is a subfield of artificial intelligence and linguistics concerned with the interaction between algorithms and human language. The role and characteristics of language fundamentally underpin the legal profession. Any algorithm capable of understanding, manipulating, and expressing language will have wide-ranging impacts for the legal profession. We will survey the developments of NLP, then analyse the short and long term implications for the legal profession.
The visage of Lady Justice guards the entrances of countless courtrooms around the world. But what if we were to replace Lady Justice’s blindfold with a virtual reality headset?
The legal system strives to uphold the core principles of the rule of law, procedural fairness and the presumption of innocence – all of which heavily rely upon the fair administration of justice by judges and juries in the courtroom. However, as the recent Black Lives Matter and Aboriginal Deaths in Custody protests have highlighted, prejudice against minorities has prevented these principles from being adhered to in legal systems around the world.