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Issue 3, Semester 2, 2019 YING WONG and MICHAEL FRANZ  Ying and Michael and both Second Year JD Students. Michael is the 2019 De Minimis Manging Editor, and Ying is the 2019 De Minimis Online Editor.
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Issue 3, Semester 2, 2019 VARIOUS AUTHORS With the histrionics of clerkship season finally hitting a fever pitch, this week De Minimis has scoured the ranks of past clerks and applicants for experiences of this harrowing ordeal. *All names have been changed  Image credit: Michael Woodhead https://flic.kr/p/5bYnb Issue 3, Semester 2, 2019 ANONYMOUS In many ways, an offer for a clerkship position is like a new relationship, exciting, intoxicating and a little scary. In many other ways, a rejection letter is like a breakup, or the realisation that you’ve let love slip through your fingers, and requires an appropriately calibrated emotive response. Remember, a good law student is well-prepared, so when offers come out, set aside some time to pour a glass of wine, draw the curtains, and blast some lachrymose tunes to feel appropriately miserable to.  Image credit: Craig Cloutier https://flic.kr/p/bpii8X Issue 3, Semester 2, 2019 MAX FERGUSON If you’re anything like me (and God help you if you are), then you too need a distraction to stave off the insanity of law school. Recently, I found myself hooking into a nice, juicy, P.K. Dick classic: The Man in the High Castle, which fit that bill nicely. Probably the most famous book in the ‘alternative history’ genre, High Castle centres around a deceptively simple question - what would the world look like if the Axis powers had won the war? Now, this kind of question has been the fodder of year ten classrooms for decades. Some of my school friends took a particular kind of relish in saying such things as, ‘if only Hitler hadn’t stopped his tanks before Dunkirk,’ or, ‘if only the Luftwaffe had concentrated their fire on military targets.’ People seem to glean a certain masochistic pleasure from imagining a world far darker than the one which we currently inhabit. Such commentaries run the risk of appearing trite – mere self-gratification.  Image credit: svenneven, flickr Issue 3, Semester 2, 2019 ANONYMOUS My lunch is not warm I eat it cold, lest I annoy The microwave line The law library Full of legal minds -- wait, no! All commerce students  Image credit: Woody Hibbard https://flic.kr/p/9AZ7mh Issue 2, Semester 2 LIZZ KUIPER A thank you letter to the hole-in-the wall café outside Melbourne Law School that has taught me some valuable life lessons. 1. Porta Via has made me fiscally responsible Early in my first year of the JD, I learnt to always make my own lunch, lest I was forced to fork out ten big ones for the saddest pesto pasta in the southern hemisphere. I fear if there were a place in close proximity to the law school that served palatable, inexpensive food, I may be tempted to forego the home-brought option. Just one bite into Porta Via’s ‘hummus wrap’ (which contains no evidence of hummus but was maybe once stored on a shelf next to a can of chickpeas) would surely make even the most time-poor and meal-prep-averse of the cohort proclaim that, next time, they’d rather just make it themselves. So, thank you, Porta Via, for helping me tighten my purse-strings and stay well within my student-life budget!  Image credit: Zhihan Ye Issue 2, Semester 2 XAVIER BOFFA Although I am not usually someone with any real interest in competitive swimming, like many Australians I’ve spent the last few weeks enthralled by the ongoing developments rocking the sport on an international level.  Image credit: Thomas Hawk https://flic.kr/p/3R416 Issue 2, Semester 2 EMILY ZAHRA If you’ll indulge me, I don’t want to talk about law for a bit. Controversial, I know! However, I recently learnt a new word—ultracrepidarian. Although it sounds like a dinosaur, it actually refers to a person who criticizes or gives their opinion on an area that is outside of their expertise. Nifty, huh? Soon after I learned it, I was presented with a great opportunity to use it.  Issue 2, Semester 2 LUCINDA REINHARD I have it on good authority that there have been rumblings amongst the ranks of the Law School academia. It started as an eye twitch when the first trees came down, and has grown each day correlative with the number of cute sk8r boiz and gurls (I should pick up skating to increase the numbers) who began appearing, grinding along those sweet, sweet slabs of concrete, still free of skate stoppers (metallic bits that attach to architecture to ruin fun for the skaters, and a good night’s sleep for the homeless).  Illustration by Lily Hart Issue 2, Semester 2 RENZO TWEEDIE Editor's Note: The answers to the crossword may be found by clicking the 'Read More' button  Issue 2, Semester 2 DE MINIMIS A quick reminder that in this week's issue, we will be running a trial of the Disqus commenting platform for one week. Please note that you will be required to login or sign up with a Disqus account in order to comment. This can be done using your email address, or linked through your Google or Facebook account. A revised comments policy can be found here, which incorporates some of the new features of the Disqus platform, and the editorial team's corresponding position. We would also love to hear your feedback on this trial! You can submit comments and feedback through this form. All responses will be recorded anonymously.  Issue 1, Semester 2 ANONYMOUS When I was still in high school, a friend’s older brother dropped out of medicine in his penultimate semester. Within the insular community of private school parents and teachers, this move caused quite a scandal. Why would somebody walk away from years invested in an incredibly prestigious and lucrative postgraduate degree, with its attendant career and income prospects, a mere nine months from completion? My friend’s brother claimed that he simply realised that he didn’t enjoy medicine and saw no benefit in completing the degree. He now works as head ‘coffee-master’ at a vegan café.  Issue 1, Semester 2 EDGAR BOX The use of social media is not typically seen as a natural part of the law. Whilst the rise of digital platforms in commercial contexts has created a swathe of new legal issues; ranging from the legality of wills updated via Facebook to misleading advertising charges levelled against Instagrammers who fail to identify posts as sponsored content; barring networking platforms such as LinkedIn, the actual use of social media by the legal sector has been an underdeveloped practice. Client information and communication is privileged and needs to be kept off of unsecured digital channels. Legal work is often dry and information heavy, not easily translated into the concise and visual-centric language of the internet. In many cases, a perceived reputational mismatch exists, with practitioners viewing the flashy and attention-hungry mediums of the online world as beneath the dignity of a serious and respected profession. However, with structural shifts in the nature of communication and marketing in an increasingly digital economy, more firms are turning to social media to brand their services and reach prospective customers. At the periphery of this transition is the incipient phenomenon of the legal influencer — law practitioners who supplement or wholly replace their client activities with business models based around cultivating online personalities and engaging audiences to market themselves or other legal products.  This practice is not, strictly speaking, new. In the nineties and early thousands, the advent of high-profile criminal trials thrust a number of lawyers into the spotlight as ‘celebrity attorneys’. During the media focus on the famous OJ Simpson murder trial, members of the defence team such as Robert Shapiro and Johnny Cochran became almost household names. Whilst these individuals were undoubtedly skilful at blending criminal defence with the quasi-PR and spin doctor role which suited the cable news culture of those decades, they were lawyers first with their reputations arising from their presence during high visibility historical moments rather than dedicated mechanics of personal branding. The modern marketing phenomenon of influencers, by contrast, hardly seems like an organic development for these personalities. Influencers are individuals, usually young and attractive, who communicate visible consumption or attach advertisements to content as a form of paid marketing for brands, often in fashion and lifestyle industries. The focus is conspicuously on the use and recommendation of products and services rather than on actual creation by the influencers themselves. Legal advice does not fit this mould. It is usually individually tailored and can only be consumed by one client at a time. It is hardly appealing or sexy — few millnnials are crying out for a hot take on the intricacies of contract negotiation by their favourite Instagram celebs.
There are, however, exceptions. A growing number of internet-savvy professionals have taken to platforms such as YouTube to create content of the 'law-as-entertainment' variety, a natural extension from the popularity of legal dramas in television, ranging from accessibly packaged legal commentary on political machinations of interest to the public, to humorous and satirical takes on the depiction of law and pseudo-legalese in popular culture. These creators — aiming their products at the public at large, often monetize themselves through advertisements or mentions of businesses, such as website creation tools or personal efficiency applications. Other spaces are opening up too for the dedicated marketing of tools to legal professionals, particularly in legal technology and automation. A thriving market in process automation, case management, research and billing services aimed exclusively at lawyers is already creating roles for prominent voices dedicated to championing and promoting services within the industry. Although these individuals are often self-stylised with more professionally palatable titles such as ‘legal technology experts’ or managerial trend-worthy terms such as ‘thought leaders’, the underlying business model of cultivating a personal brand of visible expertise to sell influence is strikingly similar. Currently these sales mechanisms take the form of blogs and speaking engagements, but as opportunities for global reach improve, and younger generations of internet-literate practitioners enter the industry, movements toward the use of established social media platforms and vehicles seem likely. Speculating on the future trajectory of these trends is a fun game. It doesn’t seem likely that we’ll see a massive spike in lawyers running Instagram accounts to sell posts about their holiday destinations or boutique makeup. However, the possibility of a new market for lawyers to develop and market targeted personalities in the professional arena is very possible. Personal branding may well become a key tool of the future lawyer’s trade. Edgar is a Second Year JD Student. Issue 1, Semester 2 SONJA SANTA MARIA Are we heading in the right direction as a society? Are there things we need to revise possibly? More regulation, more restriction, more caution But oh, be mindful of those who live off indignation Progression is always welcomed, please do not be confused But know that sometimes movements can be misused Acceptance and tolerance of diversity is the right attitude But please don’t shove down my throat how I should eat my food My next line is a controversial question, One that I am sure will receive condemnation Is the excessive use of content warnings making us soft? How will we watch the news or learn things with irked hands aloft? If it is right to expect our every visual interaction to be cushioned, Should trypophobes fight to remove that Lincoln Square ‘art installation’? So while I’m at it, I might as well offer more wild suggestions: Perhaps political correctness stifles some necessary conversations ‘Radical’ opinions may stay hidden or anonymous until they find alliances Because fear of being politically incorrect and receiving backlash silences Without presenting all views, how fruitful is debating? Without such dialogue, where is the possible mutual understanding? Could beliefs be ‘radical’ purely due to its uniqueness in presence? Rather than for being so far departed from the normative in essence? Can you think of a particular example of a ‘radical’ coming into power? Oh how surprised were we when we realised his support hiding undercover My point is, are we too quick to cry foul without listening to the other? Importantly, are we becoming a society more susceptible to being sheltered? Certainly, there are sensitive instances that need to be handled delicately But intemperate expectations heighten compensation culture in society A balanced-approach seems the right step, but where is the equilibrium? Maybe asking wilder questions and reflecting could be the minimum? I realise that I pose more questions than answers, yes But I too am meandering my way through this mess I found it enlightening to read ‘On Dignation’ by Don Watson So to you I recommend it and hope enlightening ideas may blossom — Sonja Santa Maria Sonja is a Third Year JD Student and one of the De Minimis Podcast Editors 2019.  Issue 1, Semester 2 JOHN BADGERY Out to check the bore-mill: the Datsun in the dust, The dried out bones of dingos, the taste and smell of rust, the sticky sting and stench of sweat Foretold the fate he met. The Datsun stripped of all its paint, found miles ‘way from the bore Had halfway sunk into the sand. The tattered shirt the boy once wore Was found by searchcars, now a kite With bones for beams bereft of flight. All questions of his final thoughts can now be put to bed; Cold scratchings on his tin canteen show what was in his head: “James, my folt. I always love you Mum + Dad, Jason, Michelle, Joanne.” When there’s things that need be done, we do the things we can. — John Badgery John is a Second Year JD Student  Issue 1, Semester 2 With the uncertainty of a new semester, it’s reassuring to place your faith in the wisdom of astronomy. De Minimis has consulted the stars on your behalf to reveal what is in store for you for the second half of the year. Aries With Mercury rising in retrograde, love is in the air. Look to your left. You and the person sitting there will fall madly in love by the end of the semester. If you’re sitting alone, I don’t know, sucks to be you, I guess?  Credit: Phil Plait, https://flic.kr/p/daM86N Issue 1, Semester 2 DE MINIMIS EDITORIAL TEAM Last semester we let you know we’ve been thinking about the comments section and whether the system needed any changing. Before we make any big changes, it’s important to us that you know why we’re doing this and that you can be a part of the discussion on what happens (because we love our readers). A lot of you responded to us with lots of opinions (thank you!). 74% of respondents felt that a challenge for us was that there are comments of a bullying/harassing nature, 63% that people felt empowered to leave nasty comments, and 52% that comments contained personal attacks. By contrast, 7% felt that there were no problems. Of some of the changes that you felt would be beneficial, 47% said commenters signing up to a commenting platform would be a good change. Still, 44% wanted the option for commenters to remain anonymous and 47% that commenters could use a pseudonym when commenting. In light of all of this, we wanted to trial a new commenting platform next week, which is one used on news and blog sites across the interwebs (Disqus). Commenters need to sign up for an account using an email (which remains anonymous, we can’t see it) or Facebook/ Google. You can be as anonymous or transparent as you want about who you are (call yourself HorsePersonLover_13 if you want), but you’ll need to sign in to comment. If you love the system or hate it or you’re somewhere in-between, please disqus (haha) and let us know how you feel. Issue 12, Semester 1, 2019 YING WONG  Ying is a Second Year JD Student and the 2019 Online Editor for De Minimis.
Issue 12, Semester 1, 2019 VARIOUS AUTHORS As the final days of semester draw to a close, and the shadow of exams turns from a menacing smudge in the corner of our vision to a looming monstrosity of Brobdingnagian proportions, it’s only natural that we begin indulging ourselves in the various pathologies enjoyed by overworked and overreacting students. In eager anticipation of this season’s line-up of oneiric terrors, we bring you an anthology of some of our choicest stress dreams to provide inspiration for your own nightmares! *****  Image: Luci Gutierrez, The Atlantic Issue 12, Semester 1, 2019 GRIMALDUS The University of Melbourne prides itself on being a safe, and inclusive, space for all those who find themselves within its grand old grounds. As part of its commitment to healthy spaces, the University banned all smoking (and vaping, chewing, etc.) on any campus. The powers-that-be recognised that not only can second-hand smoke be injurious in the long term, but it also presents an immediate danger to asthmatics (such as myself), and others who are differently-abled. This is to say nothing of the sheer unpleasantness inherent to walking through a cloud of someone else’s already-circulated, foul-smelling air, multiple times a day.  Issue 12, Semester 1, 2019 EDGAR BOX In her speech on Friday announcing her resignation as British Prime Minister, Theresa May declared that it was in the best interests of the country for a new Prime Minister to lead the effort toward the United Kingdom’s departure from the European Union. These words reminded me of an old theatre expression, whose source I wish I knew. ‘Whether you are doing terrifically, or whether you are doing terribly, it’s never too early to get off the stage.’ It would have been well for the conservatives to have heeded this lesson earlier. If May hopes that her exit might pave the way for another leader to finally negotiate a new relationship between Britain and the EU, more in line with the UK’s nationalistic interests, then whenever the appropriate moment to step aside actually was, June 7th 2019 is by far, too late.  Issue 12, Semester 1, 2019
To the Tram-Going Public at Large, What the hell is wrong with all of you people? I’ve seen trams bring out the worst in people. I know that asking for a common-sense method of distributing humans around a busy tram carriage to prevent bottlenecks at the doors is apparently too much, and that asking people to move over to the window seat when they sit down to allow other people into the spare space is just greedy—but I never thought I’d actually see the day when octogenarians are left standing so that a bunch of hopped-up college kids can take up six rows of seating on their way out to ABC or wherever. Is it just me, or is our city’s public transport etiquette getting worse? LOCOMOTIVE IN LILYDALE *******
Corque Mann (who is definitely not Karan Desai, 2019 Layout Editor of De Minimis) is a Third Year JD Student on the brink(-ibon Ltd v Stahag Stahl und Stahlwahrenhandelgesellschaft mbH) of an existential crisis.  Issue 11, Semester 1, 2019 ANISHA THOMAS  Illustration by Anisha Thomas. Anisha is a Third Year JD Student and the 2019 Editor in Chief of De Minimis.
Issue 11, Semester 1, 2019 LACHLAN SMITH *SPOILERS FOR GAME OF THRONES SEASON 8 ARE CONTAINED WITHIN!* I love Game of Thrones. So much so that I put down A Storm of Swords around season three to better enjoy the television series. This is rare for me—I’m one of those wankers that usually praises books over their adaptations. Martin has always been a better storyteller than a writer, and the storytelling was wonderfully appropriated for our screens (whether it be via Foxtel, or through other reproachable methods). But now I hate it.  |
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