Ear Hustling

By Casey Zhu (LLB III)

Ronnel Draper, also known as Rauch, is a hopeless animal lover. The connection he experiences with animals is unlike any relationship he has developed with another human being throughout his entire life. Over the years, Rauch has had a countless number of pets, or ‘critters’ as he fondly calls them, but not the kind one would ordinarily expect, like a Golden Retriever or a Tabby; instead, Rauch has kept insects of all kinds, such as spiders, moths and bees, as well as larger animals like mice, squirrels (sparrows?) and frogs. Rauch is happy with anything he can get his hands on and can keep inside discreetly. Subtlety is key – he has lost many of his critters in the past, because pets are forbidden in prison.

Rauch is serving a sentence of 15 years to life for second-degree murder at San Quentin State Prison, a maximum-security correctional facility in California. I heard of Rauch’s story in an episode of Ear Hustle, a podcast launched in 2016 that interviews men currently incarcerated in San Quentin on their daily lives in prison, as well as those who have been released, as they re-adjust to life outside. ‘Ear hustling’ is prison slang for eavesdropping, and that is exactly what co-founders and hosts Nigel Poor, a visual artist living in California, and Earlonne Woods, who formerly served a 31 year to life sentence for attempted second-degree robbery at San Quentin, do. They participate in ‘yard talk’, striking up conversations with inmates (and sometimes prison guards) and listening out for any interesting stories that can be recorded and produced in the prison’s media lab for their audiences. Usually, they don’t have to look very hard. The podcast, currently in its fifth season, relays incredible stories about the men inside San Quentin – some are funny, others are heart-breaking, but all offer profound insight into the real-life experience of incarceration and the criminal justice system.

Ear Hustle is only one podcast constituting a broader trend of radio broadcasts involving those in custody, with a sudden proliferation of these programs over the last ten years across the world. In 2007, National Prison Radio (NPR) made its first broadcast in HM Prison Brixton (formerly as Electric Radio Brixton), a men’s prison in London. Unlike Ear Hustle, NPR’s audience is targeted to prisoners across the UK, who make up the majority of their listeners. The innovation of NPR has spurred many others to follow in its footsteps, providing a platform for previously unheard voices not only in the UK and the US, but also in Israel (Radio Focus), Hungary (BARS FM) and Trinidad and Tobago (RISE Maximum Radio). Australia has been particularly influenced, resulting in the development of radio broadcasts such as Beyond the Bars, Jailbreak and WKRP Radio, as well as the podcast, Birds Eye View, involving the stories of women incarcerated in Darwin Correctional Centre. 

“…some are funny, others are heart-breaking, but all offer profound insight into the real-life experience of incarceration and the criminal justice system.”

These programs bear incredible rewards for their both participants and their listeners, inside and outside of prison. For listeners like me, who are fortunate enough to have never had a negative encounter with the apparatus of the criminal justice system or even seen the inside a police station, let alone a prison cell, these podcasts have been incredibly insightful. Ear Hustle and Birds Eye View give a tangible, initiate expression to commonly known, depersonalised trends, such as the inhumane impacts of solitary confinement and the disproportionate representation of Aboriginal peoples in Australian corrective facilities. It also introduces audiences to other niche aspects of prison life, such as what it is like to spend almost your entire life behind bars, the excruciating process of finding a compatible cellmate (also known as a ‘cellie’) and, of course, keeping pets in prison.

However, the most important outcome of these radio broadcasts and podcasts is their impact on those inside who participate by listening and creating these programs. The dehumanising impact of incarceration on the inmates can be greatly mitigated via the documentation which gives the incarcerated men and women the opportunity to voice their stories on air. The idea of creating a prison radio station, which later materialised as NPR, was put forward in 1994 in response to an increase in suicides and self-harm amongst young men in HM Prison Feltham in London. In 2016, NPR had almost 80,000 listeners; over 75% of inmates across England and Wales had listened to NPR and 37% listened daily. NPR’s aims include reducing the risk of re-offending through education on drugs and alcohol, health, critical thinking, family relationships and ethics, as well as training for skills necessary for employment. The stories that are broadcasted revolve around these themes, but also include informal conversations about almost anything, particularly music and grime. The radio’s dialogic approach is a new way to tackle the issue of education in prison, which is especially important due to the low literacy rates of those serving custodial sentences, a statistical trend seen in many countries. The study also reported that 85% of respondents had been inspired by something they heard on NPR and 75% replied that NPR had helped them to think about making a positive change to their lives.

“The dehumanising impact of incarceration on the inmates can be greatly mitigated via the documentation which gives the incarcerated men and women the opportunity to voice their stories on air.”

Listening to these programs has undeniably broadened my understanding of daily life in prison and the criminal justice system, but it has also generated just as many questions as it has answered. How can Australia’s corrective services facilities be reformed to address some of the profound inhumanities that those serving custodial sentences must face? How can we address the issue of racial asymmetry in prisons and Aboriginal deaths in custody? Should we shift away from these practices altogether, bringing restorative justice to the forefront instead? These questions are especially pertinent today, with the COVID-19 pandemic posing a huge threat to the health of those on remand. If you think being stuck at home is bad, imagine what life would be like in a 4’ x 9’ cell.

Laws that can change the way we consume

By Deaundre Espejo (BA/LLB IV)

Recent developments in environmental law have focused on the reduction of pollution and waste, as well as the shift to renewable energy. However, some argue that policy should also be directed at reducing consumption and production altogether, rather than simply minimising its carbon-producing effects. 

Several governments are beginning to introduce laws which aim to change consumption habits on a broader scale and help us lead more sustainable lives. Here are some of those policies emerging around the world.

Single-use plastics

Thailand prohibited three types of plastic  - microbeads, cap seals and oxo-degradable plastics - late last year. It plans to further ban four others - lightweight plastic bags, styrofoam food containers, plastic cups and straws - by 2022. There are exceptions for those who still need to use such plastics, including patients, children and the elderly.

Kenya has one of the world’s strictest regulations on the use of plastic. In 2017, it made the production, sale, and use of plastic bags punishable by a maximum fine of AUD $56,000 or four years imprisonment. In June this year, a ban on all types of single-use plastics in protected areas such as national parks, beaches and forests, will take effect. 

Food waste

South Korea has adopted a “pay as you waste” system. All residents are required by law to discard food waste in biodegradable bags, collected at designated checkpoints. Each bag discarded is charged a fee, priced according to volume. The bags and their disposal average a cost of about $6 a month for a four-person family, and the tax collected from this scheme pays for about 60% of the cost of collecting and processing the city’s food waste.

France became the first country in the world to ban supermarkets from throwing away or destroying unsold food. Instead, they must donate surplus food that has not passed its expiry date, to charities and food banks. Failure to do so could result in fines of up to AUD $6,300. The law also prohibits supermarkets from deliberately spoiling food in order to stop it being eaten by people foraging in stores’ bins.

Recycling and reusing

Japan’s system of recycling is one of the most thorough in the world. They have much stricter regulations for sorting, treating and segregating waste. Plastic containers must be washed, with labels removed, and cartons folded to minimise space. Any waste must be labelled with household data to ensure compliance with regulations. Further, there are very little rubbish bins on city streets, to encourage individuals to process their waste at home.

Sweden has introduced 50% tax breaks on repairs to items such as shoes, clothes and bicycles, and allows its citizens to claim, from income tax, half the labour cost of repair. It is hoped that the policy would incentivise consumers to reuse old items rather than purchase new ones. A Swedish municipality has also opened up the world’s first shopping mall dedicated to recycled, reused, and repaired goods. 

Car emissions

France has recently adopted a law implementing tax rises for high-polluting cars. As of this year, cars emitting carbon dioxide above the limit of 184g/km will be subject to a penalty of 20,000 euros (around AUD $34,000). This is accompanied by an increase in spending to assist the automobile industry in the ecological transition. The French Finance Ministry estimates the new laws will help generate $56 million in tax revenue a year. 

Spain has set up several residential priority areas in Madrid, which prohibits non-resident vehicles from entering. The only vehicles permitted to enter these areas include zero-emissions delivery vehicles, public transport and emergency services. The initiative is part of Spain’s “sustainable mobility plan,” which purports to make cities more pedestrian-friendly while reducing daily car usage from 29% to 23%. 

A tax on consumption?

Some policy-makers propose a tax on consumption, which refers to a system in which people are taxed based on how much they consume rather than how much they add to the economy (income tax). However, such a tax would be entirely regressive, as nearly all the income of poor or middle-class households goes towards consumption. There would need to be a tax trade-off or cash rebate for those households, perhaps paid for by a global wealth tax.

One thing is clear: we are consuming and producing much more than what our earth and renewable technologies can keep up with. As Australia begins to transition to renewables and overhaul its suite of environmental laws, it may want to look to the successes and failures of other countries to pursue feasible ways to regulate consumption. 

Deaundre Espejo is the Vice President (Social Justice) of SULS and a BA/LLB IV student. When he’s not studying or talking about environmental issues, he enjoys bushwalks, HIIT workouts, and RuPaul’s Drag Race.

Native title and the carbon economy: a modern iteration of dispossession?

By Sean Perry (BA/LLB III)

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. The climactic conclusion of the land rights movement is vested in Mabo and the subsequent Native Title Act 1993, or so it is presented.

But the story is not over, nor the fight won. First Nations communities are facing an abundance of obstacles in securing title. And beyond the usual culprits, there is a new kid on the block: carbon.

Carbon farming and sequestration is challenging Indigenous title across Australia, having the potential to fundamentally shake what has already been a rapidly shifting area of law.

The process of carbon sequestration - the dominant player in the Kyoto Protocol ‘carbon offsetting’ scheme - is best understood as the removal and storage of carbon from the atmosphere into carbon sinks such as oceans, forests, or soils. These carbon sinks absorb more carbon than they release, with the photosynthesis potential of trees particularly utilised.

With land activities contributing around 17 percent of Australia’s total greenhouse gas emissions in 2013, carbon farming and sequestration will play a vital role in meeting our Paris Agreement targets. So far, carbon farming has reduced about 60 million tonnes of carbon emissions, close to 10 percent of the nation’s total emissions in 2019. 

However, it comes with danger - an unwinding of decades of progress in Indigenous self-determination and access and enjoyment of land. 

The Carbon Rights Legislation Amendment Act 1998 (NSW) amended the Conveyancing Act 1919 (NSW), to recognise sequestered carbon as a property that can be bought and sold, protecting people’s rights to sequestered carbon on freehold land title. 

Such legislation may prove another opportunity for greedy interests to strip native landholders through a renewed extinguishment of native title. The ‘bundle of rights’ of native title – established in the High Court in Western Australia v Ward – is being unravelled by the carbon economy, with dire consequences for the participation in and benefit of climate change mitigation for Indigenous peoples.

Emily Gerrard of the Australian National University (ANU) cautions that “the progressive unbundling of conventional property interests…creates a regime for the piecemeal appropriation of traditional land and resources.” She argues that:

“Climate change related laws, regulations and markets have the potential to further decrease or limit Indigenous peoples’ rights and interests in country and its resources... by restricting rights in relation to the access and use of land and resources.”

The judiciary has tried to keep up with this rapidly developing arena. In Yanner v Eaton (1999), for example, the High Court extended property rights under native title to include biota (in this instance, crocodiles). Yet carbon rights are increasingly challenging native title interests, and more often than not, winning. 

Royalty free image, source: https://unsplash.com/photos/xFqH9peAlmw

The marketisation of climate change will certainly provide bountiful opportunities to Aboriginal and Torres Strait traditional owners for social, cultural, and economic growth as recognised by the Australian Human Rights Commission’s’ Native Title Report 2008. The opportunity to participate in the carbon economy through involvement in land use projects and other collaborative projects relating to environmental management, and the empowerment of bringing Indigenous knowledge holders to the fore in Australia’s climate change response, may strengthen many communities.

Phil Eulo, of the Budjiti Aboriginal Corporation, elaborated in an interview with ABC:

“We’ve lost a lot of our native trees, our bush tucker trees, our medicine bush, our fruit trees…we want to see them all come back on our country in all the farms that are in the determination area. We have to work together now. It should have been working together 100 years ago.”

Further, the carbon economy will work best when it involves and is led by Indigenous custodians, who have the knowledge and resources to care for our country as they have done for more than 80,000 years.

Indigenous-led carbon offset projects like the West Arnhem Land Fire Abatement Project (WALFA) – abating an equivalent to 488,000 tonnes of CO2 over its first four years – demonstrates the potential for traditional practices and knowledges to produce beneficial economic development for Indigenous communities and climate action.

The story of native title in Australia is not at an end. Native title does not end with merely a recognition of traditional interests in land and the injustices of colonial dispossession. It begins with this recognition, and it evolves with economic and social development, determined by and for individual Aboriginal and Torres Strait Island communities.

In his 2013 Social Justice and Native Title Report, commissioner Mick Gooda reflected that “sadly the Native Title Act as it was drafted reflects the high-water mark of our native title” with mixed outcomes in the “social, cultural and economic empowerment of Indigenous peoples”. It is precisely this superficiality that led David Martin in 2015 to query: “Does native title merely provide an entitlement to be native?”

To leave you with the Declaration of Indigenous Peoples on Climate Change, 2000 Articles 2 and 3:

“Our traditional knowledge on sustainable use, conservation, protection of our territories has allowed us to maintain our ecosystems in equilibrium … Our cultures, and the territories under our stewardship, are now the last ecological mechanisms remaining in the struggle against climate devastation. All Peoples of the Earth truly owe a debt to Indigenous Peoples for the beneficial role our traditional subsistence economies play in the maintenance of the planet’s ecology.”

And let us not forget it.

Law School Basics Panel: Assignment Technique

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).

Make sure to check out the 2020 Education Guide at suls.org.au/publications

How much time should I leave to start an assignment?

SR: I believe for many students, it's the reverse. How little time can I get away with? We usually give a long lead time for assignments, so sometimes you’ll have more than half a semester to do it. Give yourself as much time as you can. We’re expecting full intellectual rigorous answers and if you can do that on the weekend beforehand, good, but otherwise give yourself time to work through it.

DM: There are some problem questions that you could probably complete in a couple of days if you’ve learnt the content throughout the semester, but that’s usually not the case. You will want to leave a couple of weeks to start, especially if you haven’t closely followed the content in class.

DK: As soon as you get the essay, don’t just ignore it, read it, because even if you’re not intending to do any work on it right away, at least understand what it is saying and you’ll be amazed at how much things start coming in. That is a way to slowly but surely finding a way to start, rather than just the day before you give it in.

TP: Even with problem questions, I found that as a student, it’s really valuable to take a couple of weeks. You might be able to do an initial draft in a couple of days but to really refine it and to think through the problem, I always found it took much longer than that.

Sounds good! What do you think is the difference between a problem question and an essay assignment?

DM: I look at a problem question exactly as that – you’re applying the law that you’ve been taught in class to a series of facts. I see it more as a practical application of something you would do as a solicitor or writing advice to a client. You get a real-life factual assignment and you’re going through, systematically, the law you’ve learnt and ultimately reaching what you’d advise a client. An essay assignment gives you more freedom in the way you approach it. You want to do a wider reading, formulate a unique thesis or argument, devising your own argument and supporting it with whatever readings you’ve done.

SR: Conceptually, I think they’re drastically different. 

TP: The first thing that I look for is that a student understands the law well enough such that they can recognise the issues the facts raise. Students are reasonably good at applying the law to the facts when they understand the law, but the problem is they haven’t understood the law and therefore they either misapply it or miss the issues.

SR: Problem questions use IRAC (Issue, Rule, Application, Conclusion) but the worst thing you can do is approach essay questions with an IRAC state of mind. The essay question is not a problem to be solved through an application of the law. You start from a fundamentally different position.

How much reading should I be doing for each (problem-solving assignments and essay assignments)?

TP: People who get HDs on problem questions have generally read over 90% of the cases and the legislation that are prescribed in the course. If you want to do well, you need to engage with the authorities and the legislation. If you haven’t done that, it’s very rare to get an HD.

DM: There are different types of reading. For problem questions, you’d be looking at case law and legislation, and less likely to be delving into journal articles and books. For essays, you want to be doing as much reading as possible and as widely as possible – reading different journal articles, books, online resources, and if it’s relevant, you’ll be going into case law and statute.

SR: For essays, you’re not given prescribed readings – you’re expected to create your own, starting from wondering and asking “what is this about?”. You need to take the lead from the course readings and then you use your research skills to broaden out and read articles in the footnote references of another article or case. There is no ‘should’ in terms of ‘how many references should I include’. Find material that is relevant and helps you develop a thesis.

DK: The creation of a reading list is dependent on how you decide to answer the question. Almost all essays have a number of ways to approach it. Interrogate the question, stick to answering the question but find your own way of answering the question. The more you interpret the question, the more you’ll be guided as to what you read, and, therefore, you may not follow the same path as other people. 

SR: A question could simply be “Is constitutional recognition of indigenous people desirable?” There’s no correct answer for that. You’re going to talk to people, listen to the news and ideas will form. And then you’ll end up formulating an answer to a very very open question.

After we finish the reading and get to the writing, how should I structure a problem question versus how should I structure an essay?

TP: With problem questions, the IRAC formula is generally encouraged, but you don’t need to strictly stick to it. It’s important to draw a conclusion – often students don’t give an answer to a problem. You are often told to advise a client, and you need to tell them your opinion. It’s fine to draw a tentative conclusion, but you still need a conclusion

DM: In problem questions, you’re encouraged to use subheadings and identify the issues in very clear terms. 

DK: With essays, as you interrogate the questions and find readings that excite you, that’s how you’re going to structure the essay. At the beginning, you need to have an introduction, what are you going to do, what steps are you going to take to get there, what are you going to conclude, and then follow through with that. You have to think of your word count and recognise your parameters, which dictate the structure you use.

SR: You need to keep in mind what you’re doing – you’re writing for a marker to assess. You need to make sure the marker understands what you’re saying and make sure it’s presented in an accessible way. The harder we have to work to read it, the harder it is for you to do well. You’re trying to impress us with sophistication and knowledge rather than comprehensive. Don’t deal with a new issue every paragraph.

I’m really struggling to begin an assignment, do you have any tips on getting the ball rolling?

DM: For an essay, I try to work out a structure based on what I’ve read and then fill in the gaps with research. For a problem question, print out a copy of the problem question, annotate it and try to identify every issue that arises. You might find more issues as you read back on the cases and notes.

DK: I think you should start writing as soon as you can. Even if it’s a little linkage between a few issues, write it down as soon as possible. You’ll see a pattern and start writing a sentence or two, even if it’s in the middle of an essay. Even if the sentence is not perfect, it’s still a sentence. Sometimes, it’s not at all logical.

Do I need to cite everything I write? What if it’s an original thought?

SR: There’s no need to cite a lot. While the bibliography is everything you’ve been to, what you use in the essay is much more conservative. You need to footnote anything that you found in your research. But for your original thoughts, you can’t cite that, so you just state it confidently.

TP: With respect to problem questions, every proposition of law needs to be cited or footnoted. If it’s a well-established proposition of law, it’s enough to cite one case – citing more cases won’t get you more marks.

SR: Rather than just footnoting what other people say, you need to critically analyse. We need to see there has been some critical exercise to convert what has been read into an argument.

DK: It is important that when you make a statement, you have to support your views. That’s where you bring in the citations.

Should I do all my referencing at the end or should I do it as I write?

DM: I tend to shorthand my references as I go and then come back to the end and fill them out. When you’re researching, you should be noting exactly where you got your information from.

TP: Sometimes you’ll write something and want to come back later to check you’ve understood it – by referencing as you go, it makes it easier.

SR: For academics and people writing PhDs, using referencing software like Endnote to keep records can be helpful.

Do you have any general tips on assignments?

DM: Keep it simple – don’t use flowery language, make sure the sentences are short and clear. Generally, you start early so you can revise things like sentence structure, which can affect the marker’s response.

TP: Avoid using long words and Latin.

SR: If you wouldn’t say it, don’t write it. People will use extraordinarily complex sentences, and they just waste the word count.

Studying Online – tips and tricks

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. 

Social distancing 🡪 spatial distancing

You might not be able to go out much or sit less than 1.5 metres away from each other, but social distancing doesn’t have to be social isolation! Keeping yourself preoccupied is key to avoiding boredom. Make the most of this time to reconnect with family and friends, pursue a new hobby or read a book that’s been on your to-do list for a while. Set up a study group on Zoom (more on that below) to help each other. Try and get some sunlight too if possible, but avoid crowded public spaces and keep public health guidelines in mind.

Zoom zoom zoom– your new best friend

All USyd students have access to a Zoom Business account by signing up with your University email address. Most of you will be using Zoom for lecture and tutorial delivery, however it is also a great way to do groupwork (e.g. assignments, presentations). A Zoom account isn’t necessary to join other Zoom meetings, but you’ll need it if you want to set up your own meetings. 

Features:

• Screen sharing – great if you want to work through a document/PowerPoint that only one of you has access to or practice a presentation

• Whiteboard – accessible via the “Share Screen” menu, allows you to write text and draw 

• Recording – you can record the Zoom call if you need to refer back to something later

• Chat – between individuals or to a group

• Breakout rooms – probably something your tutor uses in class

• Apps – to jazz up your Zoom, connect external apps from the marketplace

• Password and waiting room can be required upon entry.

TIP: For a more immersive experience, change up your background from a plain wall/your bedroom mess to one of SULS’ custom Zoom backgrounds, available here. Instructions on how to install a virtual background can be found here. 

If your internet connection at home is unstable, try turning off your camera. Otherwise, you can also call into Zoom meetings with a phone – check the meeting invitation for details. If you don’t have Wi-Fi and only one of your devices needs an internet connection, USB tethering (rather than mobile hotspot) may provide a faster internet connection AND you can charge your phone (very slowly) at the same time.

TIP: As you may be using digital devices even more than you normally would, make sure you take regular breaks from your screen, rest your eyes, eat a snack and do some exercise. 

Maintain a routine

Without the commute to uni, we can get more sleep (yay for our health!), but it’s also easy to sleep in without the structure of campus life. Schedule in your classes, study time, work, exercise and social time, either as a timetable or on a digital calendar/diary, and stick to it. Don’t get into the habit of missing lectures or tutorials if possible as you’ll regret it in week 13/STUVAC/exams. If you absolutely cannot make one of your classes, schedule time that afternoon/evening or the next day to watch the recording – do not let yourself fall behind. 

TIP: import your Canvas calendar into your own calendar to see upcoming assignments and classes (including Zoom class links) – however this may cause all of the Zoom classes for your subjects to show up on your calendar, which can be irritating. An alternative is to set up recurring events for your timetabled classes on your calendar and copy and paste the Zoom invitation in the description, so you have easy access to your classes!

Have your own space

If possible, try and set aside a space (away from your bed!) that is dedicated to uni and study (and work if you’re working from home). This way, it’s easier to get into the mindset for uni/work as you’ve established your boundaries. This is the place for serious work - binge on Netflix and chat with friends on your bed or on a comfy sofa somewhere else! If there is only one place where you can study, change up the table settings to create this differential. For example, laying out notebooks and pens when studying, and taking the time to pack up your study setting and put things that help you relax such as a lamp, speakers and a candle can put you in the right mindset. 

For some people, a good pair of headphones and a white noise playlist can help you get into the mood. If possible, elevate your laptop on top of a shoebox/old law textbook so the screen is eye level and use a separate mouse and keyboard to reduce neck strain and awkward double chins in Zoom classes. More tips on healthy computer ergonomics can be found here. 

Participate in online society events

If you’re looking for something to do, SULS will be migrating many of its talks, wellbeing events and some campus/social events online. This includes our popular Law School Basics series, some of our workshops and talks from esteemed guests. Find out more here. 

SULS also has a podcast, Footnotes, available wherever you get your podcasts, and we will be doing monthly releases from March.

Be sure to check back for our next instalment of online studying tips, where we explore how we can keep our mental health in check whilst in social (spatial) isolation. In the meantime, if you’re looking for some wellbeing tips, join the SULS Wellbeing Facebook Group.

Alison Chen is the SULS Publications Director and a BA/LLB III student. When she’s not studying or working, you can find her playing classical piano, bingeing on American late-night shows or doing Hapkido (a Korean martial art) in the dojang.

If you are interested in contributing to Citations or other SULS Publications, you can contact Alison at publications@suls.org.au. 

If you need someone to talk to, feel free to contact Oscar Alcock (SULS Sports Director) at sport@suls.org.au or Dani Stephenson (SULS Campus Director) at campus@suls.org.au.  

For further information about student support services and how SULS can help you, consult our 2020 Student Support Services Handbook or email Max Vishney (SULS Equity Officer) at equity@suls.org.au. 

Footnotes: Allens "A Day in the Life of a Litigation Lawyer"

SULS Footnotes is a podcast hosted by students, for students, presenting new and intriguing stories about the law. They’ll be releasing monthly podcasts throughout the year, so make sure to check them out on any podcast platform (Spotify, Apple Music, etc.) and follow SULS on Facebook and Instagram. 

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.

What does an average day for you look like?

Lucy: I probably spend a lot less time in court, and spend a lot less time at my desk in front of a computer than you would imagine. A lot of my day is meetings with barristers, with clients, with internal team members and emails back and forth. I would think that I’m in the office 95% of the time. 

Interviewer: How many opportunities are there for pro bono work?

Lucy: A lot! You are encouraged to treat your pro bono workload very much on level with all your billable client work. It's a big part of what we offer at Allens, definitely check out the website if it’s something that interests you!

Are there any large differences between the commercial approach against the traditional approach that law students might be more familiar with?

Daniel: In law school, you’re writing an exam response examining a fact scenario. When you're actually practising law, you also have to consider things like commerciality; assess the risks. It's more of a consideration in the context of an operating business than in an exam.

Is going to Court intimidating? And does it get easier?

Lucy: It is still quite intimidating and incredibly adrenaline-filled. Even though you are not doing the advocacy, you have to be switched on, which is quite tiring but thrilling; it’s one of the things I find most gratifying about being a litigator.

Daniel: When you're the junior lawyer, you will be going through the documents and will become very familiar with the minutes. If there is a question and the barrister turns around and asks you what actually happened, then you have to find the document or the evidence to clarify. It can be very exciting and intense. 

What is your role in the courtroom? Is it always high adrenaline and high stakes Suits style?

Lucy: [laughter] Ignore what you see on US TV. You don't whip out the smoking gun document dramatically and you're not allowed to ambush a witness. Compared to what you might see on Suits, it's very diplomatic and civilised and the emphasis is on time efficiency and cost efficiency. Having said that there can be plenty of drama: opening and closing arguments from barristers are often a sight to behold and everyone is on the edge of their seats during a witness cross-examination.

Daniel: It's very tense as well for the lawyer because you have quite a personal stake in this matter. Something could happen in the next half an hour which could make or break this whole thing. It is great to watch the product of all your work and it's also very exciting because you don't know what's going to happen.

What are the key skills required and the pressures of your role?

Lucy: Ownership in taking initiative is a really vital thing. The grads I admire most and see the most potential in are the people that will come to a meeting with me and, without any prompting, will say what they would do next. That's important because everyone has to keep driving things forward and making progress.

Daniel: At the entry-level, the particular skills you need would be the ability to learn on the job. Also having the ability to do a draft and accept that it's still a learning process; you're not going to truly master this kind of work for another few years. 

Lucy: I guess some of the pressures are that the turnaround times need to be really fast. But the nice thing about litigation is that it naturally ebbs and flows. And even when it is busy, it's typically because you're on the cusp of trial or settlement of an arbitration. These are the most exciting time in that matter’s life cycle as well. 

Interviewer: Do you have any general advice for lawyers wishing to become involved with or learn more about your work?

Lucy: In an ideal world, a summer clerkship or work experience with a barrister would be fantastic. On a more real level, think closely about the resources that you do have at your disposal. Your lecturers and tutors have many of their colleagues practising in law firms in Sydney; maybe they could put you in touch. Talking to people in the industries that you're interested in is the best way to understand what your future would look like in practice. 

Nowadays I think there's probably better access for students to information about law firms. We have Allen’s Confidential podcast that’s run by our graduate; firms also publish updates on their websites about significant matters. 

Two other tips I would give is that there are probably opportunities at University to volunteer with legal advice clinics, it will give you really significant meaningful experience in diplomacy, drafting, negotiation skills and matter management. 

The other is to follow Chambers, where different barristers publish case summaries that will be focusing on the legal issues at the heart. If you keep abreast of those you’ll understand the kind of disputes we, at Allens, face. That’ll be essential in coming across as well rounded and well developed as a law student applying for work experience. 

Daniel: If you’re particularly interested in litigation or disputes, working for a barrister while you're at university is a very good option. You can see the differentiated roles between barrister and solicitors, and you may get chances for having a crack at first drafts of things, commissions or even discussing a matter with someone senior. 

[Interview ends.]

If you want more insight from Lucy and Daniel on what the role of a litigation lawyer entails, have a listen to the full episode ‘A Day in the Life of a Litigation Lawyer’ by Footnotes on your favourite podcast platform.

Listen to this episode from Footnotes (by the Sydney University Law Society) on Spotify. This is a bonus episode from last year, featuring an interview with Daniel Emmerig and Lucy Zimdahl from Allens about a day in the life of a litigation lawyer.

Law in Crisis

By Robert Anstee (BA/LLB III)

The scale of change is unrecognisable to many of us. 

Narratives which have gone on volubly for decades have been rudely interrupted. 

Joining global efforts, federal and state governments have clamped down on public life. Legislated stimulus worth nearly 10% of GDP, broad shutdowns of social gathering and travel, and penalties for breaches backed up by an enlarged police presence in NSW. 

In all of this, the imperatives are our health and our economy. It seems Cabinet has taken a middle-road approach, steadily phasing in social distancing and other health measures. 

Abrupt policy changes are unlikely to be logistically or politically feasible. The government, wary of public confidence, will probably stay the course with its image of surgical, decisive strides to curb the crisis. 

Despite this steadfast stance, experts disagree on the way forward. 

Members of a GO8 expert panel recommended a full shutdown. Failing to do so, it was advised, will swamp the health system, wreak economic ruin and delay recovery. Snuffing out the virus as quickly as we can might rapidly spur the economy, as consumer demand rebounds and businesses rehire. 

A contrarian article in the New York Times suggests the opposite; that we isolate and focus resources on those most vulnerable or in need of hospitalisation. The vast majority, bearing mild to no symptoms, should go on living as normally as possible. The aim is to let society and the economy chuff along, as long-term damage to either, if less imminently, also endangers lives. 

Importantly, strict social control does much to lower infection rates, but in so doing, hinders the growth of natural immunity. To avoid the risk of a second wave of infection, we may need to hold on until a vaccine is widely distributable. Halting the economy for a vaccine one or two years away complicates matters; unemployment, strained welfare, social unrest and political polarisation are not unimaginable. 

I don’t aim to ask what measures are ideal, nor to endorse an approach. I doubt that anyone can confidently foresee the consequences of irregular actions in these irregular times. 

The point is that the government may be wrong, and the consequences may be grave. 

Thinking on things away from the fog of panic, what I do worry about is the unilateral haste of the National Cabinet, however vital and effectual, in arresting this crisis. 

Beyond the ballot box

In times like this, we can’t lose sight of those who command. Crisis often obscures and rationalises distressing changes in the way a government exerts its authority. 

Emeritus Professor Gillian Triggs of Melbourne University has often broached this issue in the context of counter-terrorism and human rights law. She has long warned that as the Executive and its hold on parliament grows stronger, our democracy and the institutions which limit bad or cruel decisions grow weaker. 

“It may be true that any one of these laws can be justified in individual circumstances… My concern is that these examples when viewed together become greater than the sum of their parts and a distortion of democracy.” 

The Constitution is famously spare on basic rights and protections. It enshrines parliamentary sovereignty, wherein parliament, essentially seized by the government of the day, can make or unmake any law. Our chances for popular participation or holding the executive to account, even in crisis, are thin, rare and largely kept in ballot boxes. 

If Cabinet has made the wrong choice, has done too much or too little, caused months or years of distress in the struggle of averting disaster, there is little facility in the law to dispute it. How can we check a government that goes too far, or worse, resolves to abuse its power?  

The shift from stable managerialism to closures, relief packages and public paralysis, then, should arguably alarm us beyond this health crisis. 

In a fast-changing world where we will undoubtedly face further and possibly graver emergencies, where executive power swells unhinged at the beck of necessity, can we rely on the usual steadiness of parliament? 

Will the next time be different? 

#usydonline: what does it mean to go to uni from home?

By Jingyi Li (BComm/LLB I) & Coco Chen (BEc/LLB II)

If you were part of any USyd-based discussion group, you would have seen a petition being circulated around two weeks ago, asking for the university to “shut down”. As of March 23, Sydney University has moved all contents online. Days later, students were informed that Fisher Library will be closed until further notice. 

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. The rest that decided to stay in their accommodations are only able to maintain contact with their concerned family members via digital communication. The universal struggle among all, however, is the decreased level of focus one can achieve at home, especially when combined with unprecedented length of time being house-bound. In a time like this, how is #usydonline doing? Can the new teaching methods and learning approaches, mostly provided by Zoom, guarantee the quality of our education?

We all came to know Zoom, a platform designed for live conferences but now plays a major role in running lectures and tutorials virtually. A handful of functions on Zoom, such as screen sharing, annotating and recording, are essential to ensure the accessibility and effectiveness of online learning. And despite these dark times, students are trying to make the most out of the situation. Sydney Uni’s official Instagram account posted a video of students performing TikTok dances on Zoom before their 8 am tutorial, starting a trend among students. SULS helpfully provided photos from the New Law Annex (and one from level 3 of New Law, featuring the much-feared assessment delivery box) to be used as Zoom virtual backgrounds. All of these features will certainly encourage us to continue using Zoom, perhaps for study groups, even after university returns to normal.

On the other hand, we have a fair share of complaints over system crashes and being ‘kicked out’ of Zoom during a class. Whilst most of these problems can be solved within minutes, there are instances where students are unable to rejoin a classroom. Additionally, though Zoom has a better audio quality than other live conference apps, it appears that connection issues can become frequent when twenty or more students in the tutorial have their webcams on at the same time. This is, at the very least, annoying, and certainly has some level of detriment on the student’s learning experience. Whilst the aforementioned issues are not entirely Zoom’s fault (NBN should take some heat there), the Australian Financial Review reveals that Zoom’s privacy policy allows it to collect the user’s personal data, speech and video, whether he or she has a Zoom account or not. Whilst this may affect corporations in regards to their decisions to use Zoom, students should be less concerned as long as we exercise caution when disclosing sensitive personal information (same principle applies anywhere else).

Besides that Zoom may stick around with us for classes, students and the teaching staff are concerned about other aspects of online education; most importantly among which are exams. The most recent newsletter from Vice Chancellor Michael Spence addressed several decisions, including that ProctorU will be used in online exams, and the grading system will not change to a pass/fail system. 

For those who are not yet aware, the ProctorU service offers extensive methods to prevent cheating in online exams by designing different ‘stakes’ which go from recording a screen to, what is the equivalence of live streaming, all depending on the nature of the assessment. Some responded to this announcement with the concern that their privacy may be compromised, as proctors will need to gain access to the student’s computer to make sure certain functions are disabled and no prohibited applications are running at the same time. In addition to privacy concerns, we question whether having someone intensely watching over you (Big Brother style) for the duration of the exam will have negative psychological effects on examinees. Compared to a normal sit-in exam, the level of stress from being closely monitored may have an impact on one’s performance. 

In response to Dr Spence’s email, SRC voiced its disagreement with the university’s decisions which “do not reflect what is best for students” and expressed its will to continue fighting for greater leniency and assurance for students. As students, what we can do individually is to take good care of our safety, health and well-being, and not hesitate to let our faculties know of any issues we are experiencing. We hope that the transition to a completely online second-half of the semester is not too jarring in the near future.

How to thrive at Law School? Why balance is so critical

By Oscar Alcock (JD III)

Law school can be a stressful time in people’s lives. The pressures of achieving excellent grades, working, getting involved at university outside of one’s classes and extracurricular activities away from campus can be a heavy load to bear. 

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. 

However, technology detoxes and mindfulness retreats, among other escapes designed to help us reach a “zen” like state don’t help us manage our busy schedules on a day-to-day basis. They can be enriching experiences but fall into the narrative that we need an escape from inevitable burnout. 

Why can’t we just avoid burnout entirely? How can we achieve that? 

The short answer is that we need a lifestyle change, not a detox. 

Everyone needs down time and should actively schedule time for self-reflection. 

Most millennials and certainly Gen Z are addicted to social media and technology and this has widely been shown to contribute to stress and anxiety for students. Social media and devices have become almost inseparable parts of everyday life for most people. But how do we better moderate our use of this technology so we can thrive at law school?

Social media has transformed social interactions. People are now intimately connected in a way which was almost unimaginable only a few short decades ago. 

Young people today have grown up in a world of filters, influencers and a comparison culture cultivated by Facebook and Instagram which has contributed to increasing levels of anxiety, depression and eating disorders. 

This is not to demonise social media or technology. Social media allows people from far flung regions of the globe to stay connected in a way which has been unthinkable for most of human history. However, social media is chronically overused, and many young people have developed dependency on the dopamine highs which use of the technology brings. 

https://www.pickpik.com/balance-stones-sea-beach-pebble-stability-95635

This feedback loop has similar effects to drug, alcohol and gambling addictions. These things aren’t necessarily a problem in and of themselves. Responsible consumption of alcohol and gambling within ones means is not a problem. Likewise, it is the compulsive use of social media and technology which needs to be guarded against. 

Devices and social media take away from genuine human interactions. With people’s attention spans becoming shorter and shorter, we have lost the ability to properly have downtime or enjoy an experience for its own intrinsic value, separated from the documentation of that experience and circulating it to the wider world. 

It is almost as though people have become afraid of their own thoughts. People need distractions. But genuine reflection shouldn’t be shied away from, it should be encouraged. The liberating effects of meditation, yoga and gratitude journals are testament to this. 

Social media and technology are incredible human assets which should be cultivated but we all need to ask ourselves whether we are the masters of the technology or wherever the technology is mastering us?

Ultimately, my formula for thriving at university is simple: work hard and schedule your time, prioritise sleep, limit social media and technology usage to when you are in a positive headspace, find time for genuine human interactions, keep a gratitude journal and practice mindfulness, exercise regularly and find time to meditate.

Nothing here is particularly ground-breaking but sometimes we all need to remind ourselves of the importance of BALANCE.  

About

Citations is a student blog run by the Sydney University Law Society (SULS), featuring analytical and opinion pieces about current affairs and the law, interviews with faculty, alumni and members of the legal profession and more light-hearted pieces about student life. Launched in March 2020, it aims to complement the Publications Portfolio’s extensive suite of journals and guides and provide a space for Sydney Law students to share their work without the commitment of a journal.

Ideas? Questions? Submissions? Contact Alison (SULS Publications Director) at publications@suls.org.au. 

Team:

Alison Chen (Publications Director)

Daniel Lee Aniceto (Design Director)

Barry Wang (Marketing Director)

Digital Content Committee: Coco Chen, Jingyi Li

The Sydney University Law Society acknowledges and pays respect to the traditional owners of the land on which the University of Sydney is built, the Gadigal people of the Eora Nation.  

All references to 'Sydney University Law Society' or 'SULS' refers to Sydney University Law Society Inc., an incorporated charitable association registered in the state of New South Wales. All views expressed herein are those of the individual authors and do not reflect, in any way, the attitude of the Sydney University Law Society. The Sydney University Law Society does not accept any responsibility for the losses flowing from the publication of material in Citations.