Dean R. P. Edwards
Volume 4, Issue 2, (Originally Published on Monday 5th August 2013) Like any responsible, cash-strapped law student, I’ve been able to go out and see several movies at this year’s Melbourne International Film Festival (MIFF). Here are reviews of a couple to note: Dirty Wars First up was American investigative journalist Jeremy Scahill’s latest documentary into the covert strikes conducted by US Joint Special Operations Command (known by its acronym, JSOC). The film begins with a look into Scahill’s investigation into civilian deaths in war zones in Afghanistan and Iraq, where scores of innocent lives have been subjected to unwarranted, often misguided, strikes – and usually with minimal or no media coverage. What’s more, Scahill follows the elusive trail of JSOC strikes into countries with whom the United States is officially friendly. In particular, Scahill visits Somalia and Yemen, where mercenary armies and cruise missile and drone strikes carry out JSOC’s continuing and clandestine mission to ‘neutralise’ terrorist threats to the United States and its allies. The mission, however, is largely kept unaccountable, even from the US Congress that funds JSOC, though only a select few legislators know much about how JSOC operate. In the meantime, President Obama’s administration has drastically expanded the JSOC operation and the kill lists continue to grow. And all the while, the American people live in a democracy where voters have a diminishing voice on the most critical issues. Of course, the movie could have mentioned that this is not a radical departure for the US Government, which has historically led or funded secretive military campaigns across the world. However, the latest news about the Pine Gap base’s involvement in coordinating US drone strikes in South Asia is enough of a reminder that these ‘dirty wars’ demand scrutiny from not just Americans, but also from the country’s stalwart allies, such as Australia. One hopes that Dirty Wars will make its way to a limited or general release (fingers crossed for Cinema Nova to take it up in the near future). The Pervert’s Guide to Ideology Next was a film featuring the international pop philosopher (at least among lefty circles) Slavoj Žižek. Žižek’s works, in general, offer a critique of ideology – a concept that, in the right hands, can be explained thoughtfully and with insight into the inner workings of our society and psychology. But in Žižek’s, where precision and pith don’t seem to be strengths, ideology becomes a labyrinth of impenetrable jargon – of exploring ‘the Real’ and other terms of Lacanian psychoanalysis that render the film’s critical perspective incomprehensible to the uninitiated. That’s not necessarily a bad thing in the scheme of things. But for this movie, it’s a handicap. In the film, Žižek offers insight, sometimes interestingly, into our social fabric and concepts of reality, which he presents by critiquing films from Taxi Driver to The Sound of Music. Don’t get me wrong: some of his ideas, and his often indulgent way of thinking, are entertaining, even illuminating. However, those moments are brief, especially in this 134-minute film. Still, the film could be worth seeing for those who haven’t had much exposure to Žižek and his schools of thought. Dean R. P. Edwards
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Christine Todd
Volume 4, Issue 2, (Originally Published on Monday 5th August 2013) Being a JD student is dangerous. I spent so much time stooped over a desk last semester that I required extensive physiotherapy to my neck and shoulders over the break. Likewise, I dropped all 2915 pages of the Australian Corporations legislation on my foot last week, and it hurt about as much as paying for it did. It makes sense that if we’ve been sitting down concentrating on a task for a long period of time, our necks, our backs, our heads and our eyeballs are going to start aching something stupid. Maybe your lecturer forgot the golden one-hour break rule, and now you can’t feel your butt. Maybe it’s two days before the exam and you monumentally fucked up somewhere between Week 1–12 with the whole “consolidating your lecture notes” thing. Whatever the situation, we’ve got some easy stretches that you can do from the comfort of those weird ergonometric chairs. Try these every hour for the best outcome. The Side-to-Side / “The Dissenter” or “The Kirby” Look left. Look right. Look left. Look right. Look left. Look right. You look a bit silly, but your neck is starting to feel better, isn’t it? The Chin Tuck Dip your chin as far down to your chest as you can and hold for 20 seconds, or however long the nap lasts. Shoulder Rolls / End of Semester Indifference Lift and roll your shoulders in a backwards motion, ensuring you release some of that tension held between the shoulder blades. Do the same rolling forward. Back and Shoulder Stretch / The Mature Age Student Warm-Up Loop fingers together and lift arms above the head, as if eager to contribute in class. Hands right up, so everybody knows. Chest Stretch / The Exam Finisher Holding your elbows at a 90-degree angle, push your chest out, as if ready to chest bump the life out of everyone in your immediate vicinity. Eye Stretch Yes, your eyes need a break as well. But since you’re tired, the best you can do at this point is offer them a visual rest from the document you’re working on. Close the lid of your laptop for a few minutes and stare out the window at some of the ridiculously lovely views we have from this building. Leg Stretches These are actually pretty important given the heightened risk of DVT if you sit for long periods of time. Ensuring there’s no one sitting immediately in front of you, lift your legs up underneath the desk until they’re parallel with the floor. Point your toes forward and hold for as long as you can. Do a few rotations of the ankle while you’re at it. If you can manage to not look too silly doing it, quietly march your legs up and down underneath the desk, just to get blood flowing. Walk Even better is actually enforcing the ‘pens down’ rule, getting up and walking out of the study area. Ask a friend to keep an eye on your stuff while you have a 5-minute break. Take the stairs and head down to grab some coffee, and then bounce triumphantly back upstairs again. ’Cos you’re awesome, people bounce. Christine Todd Dean R. P. Edwards
Volume 4, Issue 2, (Originally Published on Monday 5th August 2013) Melbourne Law School has launched its ‘Opinions on High’ blog, a convenient go-to website that tracks and provides commentary on the latest decisions coming from the High Court of Australia. The blog web address is < http://blogs.unimelb.edu.au/opinionson-high/>. Along with research fellow and MLS graduate Martin Clark, MLS faculty members Katy Barnett, Jeremy Gans and Brad Jessup currently serve as the blog’s editors. According to an MLS press release, the blog will feature commentary from academic staff, along “with students, alumni and experts from the profession”. In addition to commenting on recent judgments, the blog will also feature up-to-date resource pages on pending decisions and feature articles. MLS Associate Dean for Engagement Prof. Miranda Stewart said that the law school is “hopeful that the blog will fill a gap in the Australian legal education landscape”, as well as “the local legal blogging scene”. The blog, which went live on 31 July 2013, already features an array of legal insight from MLS faculty, including a piece entitled ‘Turning Points in the High Court: Remembering the Koowarta and Tasmanian Dam Cases’ by Dr Ann Genovese, which analyses the 30th anniversaries of Koowarta v Bjelke-Petersen (decided in 1982) and Commonwealth v Tasmania (1983), more commonly known as the Tasmanian Dam case. In addition to other pieces, Clark has also contributed an entry on the Tasmanian Dam case, which includes audio and transcripts from interviews with Sir Anthony Mason and others involved in the historic case. Recent HCA Developments According to the latest post, the High Court has announced that it will hand down two judgments this Wednesday, 7 August 2013, in Fortescue Metals Group Ltd v Commonwealth and Akiba v Commonwealth. Clark reports that Fortescue “promises to be a constitutional law blockbuster”, as the case concerns the Australian Government’s controversial minerals resource rent tax. Clark also notes that some of the legal issues which the case raises “have not been entertained by the High Court in some time”. In Akiba, the High Court will be delivering a pronouncement on native titles rights regarding commercial fishing in Queensland. According to Clark, the High Court will determine whether the Full Federal Court “correctly applied the principles” from noteworthy cases Yanner v Eaton and Harper v Minister for Sea Fisheries. Dean R. P. Edwards Care to Discuss? Melbourne Law Discussion Group Plans Semester of Conversations and Insight1/4/2016 Alicia Taylor
Volume 4, Issue 2, (Originally Published on Monday 5th August 2013) The Melbourne Law Discussion Group completed its final stage of becoming an official club last semester, inaugurating their first general meeting with a well-attended pizza party. The group got a start after a couple of law students expressed interest in having an opportunity to learn about an interesting legal topic and talk with other students about the law – with free food. Open to anyone, the Discussion Group’s format allows students to contact the group’s organisers and explain what legal issue they would like to talk about. Students interested in leading the discussion then explain their topic and the legal issues involved, which sets the stage for a conversation and for attendees to ask questions. The next planned meeting of the Discussion Group will deal with the Quistclose trust case that went before the High Court. The meeting date and time are yet to be announced. Previous discussions included the TCL case determining the scope of arbitration in Australia, the Obamacare decision and the impact of the M70 Malaysia Solution case. Editorial Note: The Legal Theory Workshop, run by Dr Lu Weis, is getting underway this semester on Friday, 9 August 2013. The first talk is by Dr Joel Colon-Rios on ‘A New Typology of Judicial Review of Legislation’. Prof Cheryl Saunders will provide commentary. All MLS students are invited to attend the regular workshops, which are scheduled from 12.30 – 2.30 pm on Fridays. Tea and water are provided. Alicia Taylor |
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