OFFICIAL NEWSPAPER OF THE STUDENTS OF MELBOURNE LAW SCHOOL

DE MINIMIS
MONDAY, JULY 23, 2012 Established 1948; Revived 2012 VOLUME 1, ISSUE 13

Sports Law
The 2012 Summer Olympic Games, officially the Games of the XXX Olympiad, begin in London on 27 July. The two billion GBP required to stage the Games come from four main sources ticket sales, broadcast rights, sponsorships, and sales of merchandise. Laterally-thinking law students might start to wonder about the role that the law plays in this extravaganza. While construction and commercial contracts worth huge sums are necessary to orchestrate global sports spectaculars, the Olympics also share a legal connection with lower-profile events organised by the likes of the Tug of War International Federation, the World Dance Council and the International Dragon Boat Federation. From the humblest dragon boater to the millionaire American basketballers, all competitors must abide by the 2004 World AntiDoping Code, which harmonises all rules and regulations governing the use and prohibition of drugs in sport. The Code is the product of the World Anti-Doping Agency (WADA), whose current president is John Fahey, the former Australian Minister for Finance and Deregulation. WADA has been operating from its Montreal headquarters for just a decade, yet it has chalked up an impressive record in matters of international law. Its Code has been accepted by 145 governments throughout the world through the ratification of the UNESCO International Convention against Doping in Sport. The Convention entered into force in February 2007. It is a legally binding instrument that enables governments to align domestic z policy with the Code. Australia ratified the Convention in 2006 and the Commonwealth Parliament passed the Australian Sports Anti-Doping Authority Act the same year. The Code is not without controversy. In Europe, debate continues over whether proportionality is respected by the requirement that elite athletes be in a registered testing pool and provide their whereabouts for one hour a day for months in advance. Moreover, the entire Wada approach is based on the creed of "strict liability" that athletes are ultimately responsible for what goes into their bodies, even if the ingestion is mistaken or innocent, and that missed tests are as serious as failed ones. More than half of the athletes competing at the 2012 Games will be drug-tested, and the humiliation of being banned from competition and stripped of medals is a strong disincentive to taking performance-boosting substances. It is perhaps a measure of WADAs success that competitors who hope for glory and sponsorship deals by reducing nanoseconds from their performance times are turning increasingly to high-tech swimming and running outfits like Nikes Turbospeed suit (no do ubt fiercely protected by patent law). Bronwen Ewens

Lionel Hutz in Memoriam

1991-1998 If you were to think back to when you were a kid, in the good old days before uni, exams, and moot was just a noise a cow/owl hybrid* would make; when did the concept of lawyers first come into your head? When did you figure out that there was an the ethereal, mysteriously alluring class of snappy dressed men and women out there who stood up in a court room yelling stuff like Objection!, Hearsay! and Subpoena!. Im going to go out on a limb here and say that for most of you, it was when watching television. Maybe it was the smooth, dulcet, righteous tones of Assistant D.A. Jack McCoy on Law & Order? Or perhaps for the soap-opera persuaded it was the late-90s flourish of legal dramas like Judging Amy, Ally McBeal, The Practice, Conviction, Damages, Trust or Justice. Or hey, theres even a good chance it was Judge Judy. But perhaps youre like me, and your first real encounter with lawyers was through The Simpsons. I practically grew up on the 6pm Channel 10 Simpsons, I wouldnt have gotten through high school if it wasnt for pandering to the cheap laughs you could get from spouting Simpsons quotes. But one character was always guaranteed to make me chuckle, the Simpsons familys typical first port of call for legal advice, Lionel Hutz.

Monday, July 23, 2012

[VOLUME 1, ISSUE 13]

Lionel Hutz, aka Miguel Sanchez, aka Dr. Nguyen Van Falk featured on the show as a lawyer of Springfield, often defending the Simpsons in court for one of their usual misdemeanors. Described as a shyster and likely ambulance chaser, Hutz claimed to have received his degree from Princeton (though Princeton interestingly doesnt actually have a law school). He runs his own practice out of the Springfield Mall under the name I Cant Believe Its a Law Firm! and his business card turns into a sponge when wet. Hutz represented the Simpsons on numerous occasions, though rarely successfully. When the case looked in doubt his typical modus operandi was to slip out the window. Despite this he has won a number of cases, such as when Bart and a homeless guy sued the Itchy and Scratchy show runners for $800 billion, when Homer sued the Sea Captains restaurant for kicking him out when theyd promised All You Can Eat and when Bart sued Krusty for $10,000 in damages after he ingested a jagged metal Krusty -o prize, (which Hutz then proceeded to take $99,500 of in legal fees). When he babysat Bart and Lisa he also managed to haggle his fee to $8, two popsicles and an old birdcage. But if you think about it though, when was the last time you actually saw Lionel Hutz in a new episode? A fact that I suspect has gone unnoticed by a large majority of Simpsons connoisseurs, is that Hutzs character was actually discontinued in 1998. Thats right, Hutz hasnt actually featured in a new episode in nearly 14 years. The quite sad story behind this fact was that his voice actor Phil Hartman, (you may remember him from voicing other characters such as Troy McClure and the Monorail guy), was actually murdered by his third wife at the age of 48. As a sign of respect, the Simpsons show runners chose to retire his primary characters Lional Hutz and Troy McClure. Phillip J. Fry, the star of Matt Groenings other cartoon creation Futurama was also named in his honour. Though his loss offers little grounds for humour, Hutz continues to elicit laughter or wry smiles at the least through endless Simpsons re-runs, YouTube videos and of course the memories. He was my amusing introduction to the law, and though his case was adjourned a little early, hes certainly earned that celebratory belt of scotc h. Andrew Michaelson *A Cowl?

STAFF INTERVIEWS: GETTING TO KNOW KATY BARNETT

Dr Katy Barnett, who teaches Torts, Contracts, Trusts and Remedies, is known to most JD students and those who have not yet been in her classes stand a good chance of having her as a lecturer one day. But Katys path through the law to academia was not a linear one, and her story will resonate with many students. Student Life Katy first became interested in the law as a child when she learned that standing up and making arguments was something she could do for a living. As a student, she mooted from the first year of her LLB, living the childhood dream as a semi-professional argument-maker and participating in the Jessup Moot. At Melbourne Law School, she was already keen on private law, especially Property, Trusts and Equity. Professional Path Katy was disappointed that she did not get Articles on her first try, but in retrospect, it was the best thing that ever happened to me! Fresh out of Uni, she worked as a paralegal for a chemical company, then became a legal researcher at the Victorian Court of Appeal. After those experiences, she did her Articles at a major firm, and found the experience somewhat over-rated. So, she went to work as an associate to Justice Mandie for three years, which she loved. Later, back at a firm, she found the corporate culture hard to reconcile with motherhood and jumped at the chance when a colleague opened the door to her to work in academia. Id really like to emphasise to students that it can be a mistake to become fixated on the notion of one career path. Its not just about getting into a major firm; there are plenty of other options. It will work out, just like it did for me, advises Katy. Best and worst? As many of the lecturers interviewed by De Minimis have said, the best thing about being a lawyer is the empowering knowledge it gives you. This is why, if Katy had her way, everyone would be versed in the basics of private law. If citizens knew the basics of tort and contract law, they would be less at the mercy of unscrupulous businesses and dishonest practices. And, also in common with many of our interviewees, Katy laments the negative image lawyers have and the fact that the popular imagination often casts lawyers as shysters. Lawyers are known for their high depression rates and Katy is sure that a lot of this is due to the bad reputation they have to contend with. The paths not yet taken If Katy wasnt a lawyer, she would be a professional illustrator the etchings in her office attest to her artistic gifts. Among her many other interests are archaeology, medieval history, sci-fi, The Lord of the Rings and films starring Arnold Schwarzenegger, Bruce Willis and Harrison Ford. She was a Harry Potter fan until he reached adolescence and became a whiny brat. Katy regrets that she has not practised as a barrister but its not too late she wonders if some time in the future, when her family is older, she can combine academia and the Bar. One of the best things about the law is the opportunity to have a number of careers, sometimes simultaneously. Katy is proof of this and its a valuable message for students in search of inspiration and ideas. Bronwen Ewens and Chris Forder

De Minimis

Monday, July 23, 2012

[VOLUME 1, ISSUE 13]

STUDENT TIPS

L IS FOR...
Lacklustre Reunions First up, dont think that this metaphoric reunion between me and you (my readership... hi mum) is the lacklustre reunion to which I refer. I know this column is 200 words shorter than usual; thats not because Im not excited to write for you this semester, its because I have the Evidence and Proof exam to worry about (and that dead body to bury (but you couldnt use that against me in court because its hearsay (right? (jeez I hope I understand evidence law)))). The subject of this weeks rant is those tedious conversations that dominate week 1 of semester 2. You know the ones; you bump into someone youre kind of close with in semester one, but for whatever reason you didnt catch up over the holidays (probably because you were salvaging your pre-law school relationships, including non-sexual, sexual or semi-sexual-semi-professional ones), so you have an awkward back and forth that involves only the most banal holiday details: the weather, TV shows and that youve moved from smooth to crunchy peanut butter because you wanted to spice up your sex life. Small talk makes life terrible, like those people who spend more time in Europe on Facebook, than being in Europe. I encourage divulging all the gory details of your holiday to give these conversations some interest. Share the story about the gender-ambiguous Mexican prostitute you played in chess, and of the time you projectile vomited onto the girl behind the counter at Maccas. And if you dont have anything that interesting, make something up! For example: over the holidays, the law revue cast and I shot a video sketch with Working Dog (the guys who made the Australian classic The Castle). Hang on! Thats not made up! Like us at www.facebook.com/MelbourneUniLawRevue to see the video! Charles Hopkins is hosting a seminar on cross-promotion next week, where he will also sell copies of his new EP entitled I also write cook books.

Use the Academic Skills Office! It saved my life! Some of us, namely me, over-prepare for even the simplest tasks in life. Writing birthday cards have on the odd occasion become a half-hour nightmare of writing the same birthday message in seven different ways, because each time the letter w looked awkward. In my academic life, I dont wing it. I write lists, make extended revisions of my notes, and compile elaborate filing system references. Its a tad neurotic, but I like to think I produce good work because of it. With that all being said, for all my neurotic semester preparation, theres nothing quite as horrifying as entering your first ever law exam with more than 50 pages of notes. Logistically Id taken all the wrong steps in narrowing my summaries to a workable set of exam notes, and quite ironically, was grossly underprepared for how sifting through a large chunk of notes might impact on my time. Suffice to say, my exam marks were less than ideal, and I was devastated. So, with my pride firmly deflated, I sought help. Where had I gone wrong? How could I do better? I sought the aid of the Legal Academic Skills Office. Located on level 3 in the law library, they provided uniquely helpful strategies for minimising note glut. These included simple suggestions like case reading techniques, a more structured approach to note taking, and reading contextually before attempting to write a case summary. They made a huge difference on my approach to study, and to date, my pre-semester exam notes have almost halved. In one half-hour session with Academic Skills Id learnt more about how to study efficiently than I had in my entire academic career. I cant stress enough the benefits of approaching the Academic Skills Office in the development of your study routine. The Academic Skills Officer, Chantal Morton, is a delight to work with, and is eager to engage with students. Its her job! While being a law student can feel like hours of lonely, solitary reading, you dont have to do everything by yourself. The law facul ty, bless their cotton socks, have been superb in organising guidance and services so that you can achieve the marks you deserve. So whether you feel overwhelmed by your classes, or are traipsing along in a sea of H1s, youve got nothing to lose. Christine Todd

QUIZ ANSWERS: 1. None were born in Metropolitan France. They were born in, respectively, Algeria, Italy, Algeria, Poland, Germany, Switzerland, Norway, Belarus and Armenia; 2.Charles de Gaulle; 3. Marion Cotillard, for her portrayal of Edith Piaf in La Vie en Rose; 4.False. The New Look was the brainchild of Christian Dior; 5. Marcel Proust, In Search of Lost Time; 6. Eight. Spain, Italy, Belgium, Luxembourg, Switzerland, Germany, Monaco, Andorra; 7. Toulouse; 8. Brittany; 9. Alpine skiing; 10. Cheese, according to proverb, there are around 365 types of cheese in France; 11. Roxanne; 12. Claude Monet; 13. Auguste Renoir; 14. Jean Dujardin; 15. Louis-Philippe; 16. the Loire; 17. Molire; 18. Avignon; 19. Honor de Balzac

De Minimis

Monday, July 23, 2012

[VOLUME 1, ISSUE 13]

PROCRASTINATION STATION
Quiz: How French are you?
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.
19.

Which of the following famous Frenchmen or Frenchwomen were not born in France: Yves Saint Laurent, Yves Montand, Albert Camus, Marie Curie, Jacques Offenbach, Le Corbusier, Eva Joly, Marc Chagall, Charles Aznavour Who was the first president of the Fifth French Republic? Who, in 2008, became the only winner of an Academy Award for a performance in the French language? True or false Coco Chanel invented the New Look in couture? Who began his lengthy musings with the sentence: For a long time, I used to go to bed early. With how many countries does Metropolitan France have a land border? Which rose-tinted French city is home to Airbus and many other aeronautical and high-tech firms? From which French province do crpes come? With which sport is Jean-Claude Killy associated? For which basic foodstuff is there a new day each year in France? Who was Cyranos beloved? Who inaugurated the Impressionist Movement with his 1872 painting Impression, Sunrise? Which former porcelain artist freely admitted that he turned to painting in order to gaze upon bare female breasts? Which male lead in the film The Artist is Frances highest-paid actor? Who was the last king of France? Which geographical feature is known as the queen of rivers and the river of kings? Which playwright and actor took ill while playing the title role in The Hypochondriac and died shortly afterwards? In which French town did popes reside in the Middle Ages? Which prolific novelist wrote: Coffee is a great power in my life coffee sets the blood in motion and stimulates the muscles; it accelerates
the digestive processes, chases away sleep, and gives us the capacity to engage a little longer in the exercise of our intellects.

THIS WEEK IN LEGAL HISTORY

July 23, 1926 Fox Film buys patents for recording sound on film On this day in 1926, Fox Film Corporation (now 20th Century Fox) bought the patents relating to the soundon-film process developed by sound film system inventor Theodore Case. Case designed a method whereby sound for a motion picture could be recorded directly onto the photographic film carrying the correlating image, perfecting the synchronisation between sound and picture. The sound was recorded as a variable-density optical track, which can still be played on projectors to this day. Fox Films legendary founder William Fox secured the patents to Movietone and partnered with Case to form the Fox-Case Corporation, making it Hollywoods third largest film studio and the only movie studio to have commercial ownership over sound-on-film technology. Case continued to work with Fox to refine the process, which would eventually become known as the Fox Movietone sound system. This would be used to create the first ever feature film with an actual sound track, Sunrise (1927). This crucial innovation spurred intense competition with other major movie studios, prompting Paramount, MGM and Universal Studios to move away from silent films and invest in producing their own sound technology systems. By the early 1930s, talkies talking pictures had virtually replaced silent films in the US, thus consolidating Hollywoods position as one of the worlds most powerful players in the history of the entertainment industry. To learn more, visit http://www.movietonews.com/the_fox_mov ietone_newsreel.html Curious about the first sound film, Sunrise? Check out its 8.3/100 IMDB rating at: http://www.imdb.com/title/tt0018455/

ASK AGONY AUNT

Dear Agony Aunts Ive been so excited about starting uni, and have signed up for every activity I can find, but after only two weeks, I am already falling behind with readings. How do I keep up? - In Need of Sleep ___________________________________ Dear In Need of Sleep Aunt Myrtle has seen her fair share of enthusiastic young whipper-snappers in her time. Used properly, enthusiasm can help you make the most of your time at uni, and gain fantastic experiences and opportunities. Sadly, the flip side is that you could take on too much and burn out, inevitably leading to you dropping out, getting a job at Wendys, and serving their delicious milkshakes until your bunions and bitterness force you into an early retirement. Being the grand old dame of research that she is, Aunt Myrtle has discovered that enthusiasm comes from the Greek word entheos, meaning possessed by a God. This being the case, use your divine motivation, andDe try Minimis a few of the activities motivation, and try a few of the activities on offer. Let go of the ones that are less interesting to you, so that you can enjoy the little things like sleep and a social life. This will also help you dedicate your enthusiasm to the ones you do take on. If in doubt, just look at The Shining for further reinforcement, and see what happens to Johnny when he takes on too much. All work and no play makes Jack a dull, and clinically insane, boy. All the best, Auntie Myrtle