MLS De Minimis Vol. 4 Issue 3

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De Minimis MONDAY 12 AUGUST 2013 Spotlight: CTLS www.mudeminimis.com Volume 4, Issue 3 Official Newspaper of the Students of Melbourne Law School, Established 1948, Revived 2012 Continued Page 4 THE MLS STUDENT TRIO (L-R): HARAM KWON, HARITH NORDIN AND NINA JANIC, WITH PROF. PETER RUSH. (PHOTO: JASON LEE HONG JET) De Minimis: available online, now in vibrant 2-D colour — www.mudeminimis.com MLS Students Brave London Coffee Whilst Learning from the Best Haram Kwon CTLS, or the Center* for Transnational Legal Studies, is a collaborative effort by a number of law schools from around the globe, coordinated by Georgetown University Law Center and located in London.* Or, as I like to think of it, as close to a commune of law schools as it is possible to get. CTLS is different from your traditional exchange, as each semester students and faculty come from member universities, and the majority are there for only one semester. If I’m being completely honest, I had no intentions of going to CTLS. The plan was always to go on exchange to Amster- dam. But somehow, when I was speaking to the Study Abroad and Exchange Advi- sor** I was sold into going to London instead. And I’m glad that I did… despite the lack of sunlight, a snowstorm in April, and the elusive (but existent) good cof- fee. It was a unique experience being surrounded by students who were all in ‘exchange mode’, and having so many diverse points of view in classes. After the semester finished, I asked an MLS student and the MLS faculty repre- sentative to share some thoughts about their experiences at CTLS. *not typo **Matt Healey, possibly the most prompt responder of emails in the entire student centre Talking with Nina Nina Janic is one of the three students from MLS who, along with this author and Harith Nordin, participated in the CTLS program in the January 2013 semester. DM: What made you decide to go to CTLS? NJ: I had been on exchange in un- dergrad, so I had an idea of how great [it is] studying overseas, the people you meet, travel, etc. And after almost five years straight of uni I was ready to get away again. I had heard great things about CTLS from students who had done it, and thought it would be a new exchange experience. Also, I really love London and there wasn’t that much choice for JD ex- change. CTLS was by far the best option, especially as international law has an increasing bearing on all aspects of law. How did CTLS compare to your expectations prior to arrival? CTLS has surpassed my expectations. The students and teachers have been in- credible. While some classes are not my favourite, as a whole the program offers you a lot. For example, guest lectures, the business breakfast, Lord Millet, etc. Would you recommend CTLS to others? Definitely recommend it, especially as a way of expanding your learning options, and to see if you’re interested in international law. What have you gained from par- ticipating in CTLS? A new understanding of international

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MLS De Minimis Vol. 4 Issue 3

Transcript of MLS De Minimis Vol. 4 Issue 3

  • De MinimisMONDAY 12 AUGUST 2013

    Spotlight: CTLSwww.mudeminimis.comVolume 4, Issue 3

    Official Newspaper of the Students of Melbourne Law School, Established 1948, Revived 2012

    Continued Page 4

    THE MLS STUDENT TRIO (L-R): HARAM KWON, HARITH NORDIN AND NINA JANIC, WITH PROF. PETER RUSH. (PHOTO: JASON LEE HONG JET)

    De Minimis: available online, now in vibrant 2-D colour www.mudeminimis.com

    MLS Students Brave London Coffee Whilst Learning from the BestHaram KwonCTLS, or the Center* for Transnational Legal Studies, is a collaborative effort by a number of law schools from around the globe, coordinated by Georgetown University Law Center and located in London.* Or, as I like to think of it, as close to a commune of law schools as it is possible to get. CTLS is different from your traditional exchange, as each semester students and faculty come from member universities, and the majority are there for only one semester. If Im being completely honest, I had no intentions of going to CTLS. The plan was always to go on exchange to Amster-dam. But somehow, when I was speaking to the Study Abroad and Exchange Advi-

    sor** I was sold into going to London instead. And Im glad that I did despite the lack of sunlight, a snowstorm in April, and the elusive (but existent) good cof-fee. It was a unique experience being surrounded by students who were all in exchange mode, and having so many diverse points of view in classes. After the semester finished, I asked an MLS student and the MLS faculty repre-sentative to share some thoughts about their experiences at CTLS. *not typo **Matt Healey, possibly the most prompt responder of emails in the entire student centre

    Talking with Nina Nina Janic is one of the three students from MLS who, along with this author and Harith Nordin, participated in the CTLS program in the January 2013 semester.

    DM: What made you decide to go to CTLS? NJ: I had been on exchange in un-dergrad, so I had an idea of how great [it is] studying overseas, the people you meet, travel, etc. And after almost five years straight of uni I was ready to get away again. I had heard great things about CTLS from students who had done it, and thought it would be a new exchange experience. Also, I really love London and there wasnt that much choice for JD ex-change. CTLS was by far the best option, especially as international law has an increasing bearing on all aspects of law.

    How did CTLS compare to your expectations prior to arrival? CTLS has surpassed my expectations. The students and teachers have been in-credible. While some classes are not my favourite, as a whole the program offers you a lot. For example, guest lectures, the business breakfast, Lord Millet, etc.

    Would you recommend CTLS to others? Definitely recommend it, especially as a way of expanding your learning options, and to see if youre interested in international law.

    What have you gained from par-ticipating in CTLS? A new understanding of international

  • 2 FEATURE De Minimismudeminimis.com Volume 4, Issue 3

    De Minimis Staff Editor Dean R. P. EdwardsOnline/Layout Editor Mika TsoiQuiz Editor Anna NodrumGeneral Staff Nicholas Baum, Peter Botros, Reegan Grayson-Morison, Emma Henderson, Thomas Ho, Haram Kwon, Andrew Michaelson, Melissa Peach, Doug Porteous, Raoul Renard, Tessa Sidnam, Jess Sykes, Christine Todd, Jessica Williams, Annie Zheng

    THE WHOLE CTLS ENSEMBLE FROM THE JANUARY 2013 PROGRAM. (PHOTO: JASON LEE HONG JET)

    Talking with Prof. Peter RushHaram KwonAssociate Professor Peter Rush was the MLS faculty representative at CTLS in the January 2013 semester, and taught two subjects, Transitional Law, and International Criminal Law (the latter co-taught with Professor David Luban of Georgetown University).

    DM: How did you become inter-ested in international Law? PR: Legal theory and jurisprudence is intrinsically, from its inception, a trans-national understanding of law, which is alive to the differences within legal systems historically, and between legal systems in the contemporary world. So although I specialised for a long time in criminal law, about 10 15 years ago, I started thinking I could build

    and expand that area of criminal law and comparative criminal law, to take account of the development in the 1990s of international criminal justice, which has always struggled with the different legal systems which it draws upon, not just international law and regional sys-tems such as the European Union and Southern Cone, but also the plurality of civil law and common law traditions.

    How did you become involved with CTLS? In 2012, I was invited to give a col-loquium at CTLS, and my experience of that was outstanding. Students were engaged, and my col-leagues were enthusiastic in talking about their own interests and in creating a dialogue across jurisdictions. I was talking on ways in which Ar-gentina, law and film have contributed to our contemporary understanding of international criminal justice, and peo-ple were really willing to talk across both disciplines and legal areas. So I became very enthusiastic at that point, and [then co-director] Naomi Mezey invited me to put my name forward as the Melbourne representative for the 2012 2013 aca-demic year.

    What do you think CTLS contrib-utes to a law students learning? The primary benefit of CTLS is that it is designed and practices its teaching and study in such a way as to open law students to the variety and distinctive-ness of the many jurisdictions, which

    contemporary lawyers on the global stage encounter on a daily basis. It brings together some of the best students from more than 15 legal jurisdictions, and brings them into a hothouse environment where there is a focus on engaging across jurisdictions, across subject areas, and thinking about the challenges and possibilities of trans-national study. What is unique about this is [its] not the same as simply going on exchange, where you are only exposed to one jurisdiction and the issues that are most pressing for that jurisdiction in a trans-national context. I think it is striking that I encountered students from Jerusalem, both Hebrew and Palestinian, from Switzerland, Italy, Korea, China, Portugal, Colombia, Singapore, Russia, Germany, Canada, the USA, amongst others. In this sense, CTLS is like doing all the exchanges in one place. The differences between the juris-dictions make it imperative that you encounter and deal with the different ways in which legal problems are both framed, given shape, and also solved, using the tools that are sometimes do-

    ASSOCIATE PROF. PETER RUSH. (PHOTO: JASON LEE HONG JET)

    Continued Page 4

    The CTLS Experience 2013

  • TRAVEL 3De Minimismudeminimis.com Volume 4, Issue 3

    Canberra: A Law Students ParadiseEvan LaceyCanberra cops a lot of flack. Indeed, Canberra bashing can legitimately be described as a national sport. Walk down Pelham Street and ask Joe Blow what he thinks of the nations capital, and chances are hell tell you its boring or the pits. Why is this treasure trove so ma-ligned? I guess there could be a variety of reasons. Perhaps Joe Blow is a philistine? Or maybe hes never been to Canberra but is a sporting fellow and so enjoys a spot of Canberra bashing? As I see it, however, the most likely explanation is that Joe Blows only experience of Canberra is a dreary school excursion long before he was old enough to ap-preciate the citys delights. Case in point, during the Easter break I was in the public gallery in the High Court watching oral submissions in the case of Director of Public Pros-ecutions v Keating when a group of school students filed in and took their seats. Not surprisingly, they had no idea what was going on. Leaving aside mat-ters of statutory construction, retro-spectivity and Chapter III, the students probably didnt know much at all about the function of a court. Bored senseless, they quickly began fidgeting and whispering to one another. Within five minutes they were led out by their teacher, probably en route to Par-liament, followed by the War Memorial, each institution boring them as much as the last. If this sounds familiar, if you too suffered through one of these school excisions and the experience turned you into a Canberra basher, I urge you to give the city another chance. Canberra might be boring for the school-aged, but for a law student its the best. My Easter trip to Canberra was quite brief, lasting all of 30 hours. A friend and I had arranged to drive to

    Sydney on the Tuesday, and when we saw that the High Court was sitting that Wednesday, we decided to stay in Canberra Tuesday night and spend the bulk of the next day at the Court and the neighbouring National Galley before continuing on up the Hume to the harbour city. Its fair to say that watching oral sub-missions in Keating was an experience I will not soon forget. As a law student, Im very familiar with reading the Courts judgments.

    Indeed, a consid-erable chunk of my life is spent with my head in CLRs. What I was not hereto famil-iar with was what goes on inside

    the Courtroom the extraordinary oral advocacy and the entertaining repartee between the bar and the bench. I left the Court with a real admiration for the skill of the barristers. At various points in her submis-sion, counsel for the defendant, Debbie Mortimer SC, was interrupted by Justice Hayne, who peppered her with complex questions about her submission.

    Ms Mortimers cogent and eloquent responses, given under immense pres-sure, were extremely impressive. But Canberra has much more to of-fer the law student than just the High Court. How about a trip to Silo, the brilliant Kingston bakery for a latte and a spot of pollie-perving? Or to the National Gallery, Australias greatest cultural institution, to check out the remarkable permanent collection? Or to the winery Clonakilla to sample their 97-point Shiraz Viognier? In conclusion, I urge you to give Canberra another go; its a true treasure trove.

    Canberra CounterpointReegan Grayson-MorisonCanberra: Its all right.

    A VIEW OF OLD PARLIAMENT HOUSE FROM THE NOT-SO-DISTANT PAST. (PHOTO: AUSTRALIAN GEOGRAPHIC)

    IN ADDITION TO THE HIGH COURT AND PARLIAMENT, CANBERRA IS ALSO THE HOME OF SKYWHALE. (PHOTO: WIKIPEDIA)

    Canberra has muCh more to offer the law student than just the high Court.

  • 4 De Minimismudeminimis.com Volume 4, Issue 3Equity Uncle

    Dear Equity Uncle, I fear to write you out of embarrass-ment. I did something on the weekend, and I cant reveal details; not even the NSA knows. But I need to do a group assignment with those involved, but I cant look them in the eye. Does equity blush? Sincerely Ashamed

    Dear Mr Ashamed, It is said that one who seeks Equity must do Equity but dont you be get-ting any ideas, you shameful little man. Equity is omniscient. Equity knows what

    Upcoming Events

    Thursday, 15 August Friday, 23 August Performance Enhanced, the 2013 Melbourne University Law Revue. Performances: 8 pm, Thursday and Friday, 1516 August; 6 pm, Sunday, 18 August; 8 pm, Thursday and Friday, 2223 August. Tickets cost $20, with proceeds going toward SANE Australia.

    Tuesday, 20 August A Bill of Rights for Australia, part of Global Thinking Lecture Series with Julian Burnside AO QC, hosted by the Global Law Students Association. 6.30 pm. Location TBC. RSVP at [email protected].

    Friday, 23 August Challenging Life Sentences for Children American and International Perspectives, hosted by the Institute for International Law and the Humanities, with convenor Associate Prof. John Tobin. 1 pm, with a lunch served at 12.45 pm. Room 609. Registrations essential: .

    Hide Ye Not from Equitys Gazeyou did. Equity works for the NSA. Equity doesnt blush, because Equity is never embarrassed. This isnt because Equity doesnt occasionally act in stupid ways have you read Lumbers? but rather because Equity is omniscient, and Equity knows what other people do. And it is obscene. If Equity were you, Equity would pluck up the courage to look your group-ies classmates in the eye. Smile, even. Theyll be feeling just as poorly as you. And so they should. Kind regards, Equity Uncle.

    law, and a bunch of new friends and experiences.

    Any advice for people about the application process or living in London? If you have the luxury of coming to London one to two weeks before the program starts to house-hunt, do it, as you will be able to find a decent apart-ment. Also, I highly recommend joining the Facebook group to get some housemates

    mestic, sometimes regional, sometimes international, and sometimes jurispru-dential. It thus prepares students for the interesting and challenging rewards of working in the contemporary legal world.

    What do you think are the most critical challenges facing the legal profession in international crimi-nal law? The key challenge always in interna-tional criminal law, and international criminal justice more broadly, has been to work out what the role of the law is in the aftermath of extensive cross-border conflict and mass atrocity. Whether law should be the way in which we respond to these conflicts and atrocities? How does law respond to these sorts of situations? What are the

    Talking to Nina JanicContinued from Page 1

    from other countries. I lived with two of the Italian girls from the program I had never met before. Get outside your comfort zone and move in with students that arent from your home uni. London is an incredible city, so make sure you get out lots.

    Thoughts about the weather/cof-fee? Coffee on the whole is beyond aver-age. However, many New Zealanders and Aussies have made the pilgrimage to rectify this situation. I recommend Prufrock, Nude Espresso, Allpress and so forth.

    Interview with Prof. RushContinued from Page 2

    variety of legal mechanisms which are appropriate to the local context? Because one of the defining tensions within international criminal law is the relationship between the international community and the plurality of local interests, communities and institutions. For the profession, I think the key challenge is how to manage the diver-sity, and often fragmentation of legal regimes in plural jurisdictions.

    Advice for students? First, be open-minded when coming to CTLS, and you will get more out of your interactions and social relation-ships and study when you are here. Second, plan your trip as early as pos-sible. Third, speak with academics who have taught at CTLS and other students who have been. It is always useful to get details of what to expect, and what not to expect.

    QUIZ1. What did Clyde Tombaugh discover?2. What are the two elements found in

    steel?3. Which three countries are the largest

    consumers of cigars?4. Before changing its name to New

    York, what was the city formerly known as?

    5. What is the Internet most used for: social media, pornography or online shopping?

    6. Which US State has produced the most astronauts?

    7. What do the Argentines call the Falklands?

    8. What was the name of the group that killed Archduke Franz Ferdinand, thereby leading to WWI?

    9. What city was Christopher Columbus from?

    10. Who was the drummer for the Queens of the Stone Age Song, No One Knows?

    Answers below. This weeks quiz compiled by Anna Nodrum.

    QUIZ ANSWERS. 1. Pluto 2. Iron and carbon 3. USA, Germany, UK 4. New Amsterdam 5. Social media 6. Ohio 7. Las Islas Malvinas 8. The Black Hand 9. Geona, Italy 10. Dave Grohl