peppercorn ∙
law
∙
∙
politics humour
lifestyle
editor-in-chief zoe saunders
content editors caroline dry bec kriesler georgia sprivulis
content sub-editors ali smith sharmila jordan-mee aamina sultanbawa mehar chawla elisheva madar mary-anne nolan
events director lorna anderson
magazine editors leanne trinh aurora muir
graphic designers
georgia larsen jacqueline robertson
conte nt s 2 letter from the editors peppercorn editors
21 toffee: because nothing is sweeter than the demise of the working class bec kriesler
4 my inglorious career with student publications the honourable micheal kirby AC
22 kimoNO aamina sultanbawa
6 what's not to 'like': corporate good or corporate greed zoe saunders 8 pick an australian prime minister and we'll tell you what you should cook for your housemates this weekend anonymous 10 'hi hun': the uncomfortable relationship between pyramid schemes and modern MLMs caroline dry 12 2 birds, 1 mine: environmental citizens harry douglas 13 tiny love stories 2.0 anonymous submissions 14 us or them? killer robots and international humanitarian law andrew ray 16 robo-lawyers charlie o'neill 18 stop generalising, start reading harriet nolan 20 what the dating app you use to procrastinate says about you elisheva madar
24 the horoSCOPE of the legal issue bec kriesler and zoe saunders 25 hirac relationship aamina sultanbawa 26 in search of the flattest flat white toni mathers 28 how to navigate tinder sharmila jordan-mee 30 an app-le a day keeps the doctor away - or does it? waheed jahoon 31 which famous lawyer are you georgia sprivulis 32 snitches (no longer?) get stiches the recent changes to whistleblower policies are long overdue, but are they enough? mehar chawla 34 how to ACE these four grad job interview questions caroline dry 35 animal-human hybrid: let's not monkey around bec kriesler
3
36 the ten types of twenty-something men analysed by their choice of drink anonymous 37 'what, like it's hard?' overcoming imposter syndrome in law school niroshnee ranjan. 38 the mythos of chernobyl caroline dry 40 swallow your pride, make allies and unionise: a structural answer to the profession's structural crisis marcus dahl 42 go cruelty free: it's inexpensive and most of the high quality makeup brands are georgia sprivulis 44 robo-don't: the robo-debt class action and use of algorithms in decision making andrew ray 46 tiny law stories anonymous submissions
letter from the editors Welcome to Peppercorn Semester 2! When thinking of the (highly loose) theme for this edition (procrastination), what stood out most is how much we all use this magazine to procrastinate from doing actual uni work. Yet again, we could have done a normal ‘letter from the editors’, but we’re all too into ‘tag-yourself’ memes. Enjoy! 'Did you check out the new doco on Netflix? I have.' (Caroline Dry) The way I see it, watching the latest topical documentaries as a method of procrastination will probably end up being more useful to me than these readings anyway. I know every single lyric Beyonce sung in Homecoming; I know Alexandria Ocasio-Cortez’s favourite food; I know what RBG was wearing the day she won her first case. I’m great at dinner parties—but I couldn’t tell you what exactly counts as ‘excludable Hearsay’, even though I’m technically 9 weeks into Evidence. .
Youtube vine compilations (Zoe Saunders) No self-care can compare to the sweet, sweet sound of ‘it’s wednesday my dudes’. My friends use me to to track down rare vines like I used to use Google to search for a song with only the melody. I can’t concentrate on anything that doesn’t give me a hit of dopamine at least once every three seconds. It’s better than watching tv, because theoretically, I could stop at any time. Procrasti-baking (Bec Kriesler) Yes, I’m a modern empowered woman who knows my ‘place’ is wherever the hell I want it to be. But the kitchen is where the food is - so catch me moving into the fridge. Also, baking puns offer a whole other form of procrastination. You butter back off, because I'm a whisk taker - sue me.
Colour coding your closet the night before a big essay is due (Georgia Sprivulis) True to my year 6 report card, I have incredible focus— it’s just a tad misdirected. My clothes are organised by shade, cross-referenced by brand and then again by size; but I’m still only 270 words into a 2000-word essay.
Doing the dishes counts as a hobby if you do them this much (Mehar Chawla) Nothing can rival the feeling of working my way through a big pile of dirty dishes; stacking them one-by-one in the drying rack on the side of the sink. That feeling of knowing I turned something gross into something beautiful. Nothing can beat that satisfaction. Except maybe finishing the essay I was supposed to be doing.
art by edwin devril 4
I don’t procrastinate (Aamina Sultanbawa) I don’t get people who procrastinate. If I have something to do, I just do it. Like, yeah sometimes I get momentarily distracted, but I’m still studying. It’s just that I also might be browsing the sales on ICONIC at the same time. Just because I somehow went from reading what the majority said about jurisdictional errors in Project Blue Sky, to researching the various methods of processing cotton, doesn’t mean I fell into an internet ‘rabbit-hole’ — it’s just being good multi-tasking.
Watercolours (Ali Smith) Making art as procrastination doesn’t count as real procrastination. I’m still being productive. I’m just also infinitely more dateable. Today alone I’ve had three people ask me whether I got my notebook ‘contact paper’ from Kikki K. The satisfaction from saying 'I made it myself' is better than any HD. Check out my etsy! FOMO (I cannot miss a social event) (Lorna Anderson) I don’t even think I should be on this thing. Here I am, putting my commitment to making Peppercorn’s in-house events as unique and inspired as I can, well ahead of my commitment to my degree, and I get a blurb written about me. The best way to get inspiration for an event your hosting is to go steal ideas from every gig, exhibition, sporting match, public lecture, book-launch, Latin dance troupe, or group pebble-painting event you can find!
Overcommitting in extracurriculars (Elisheva Madar) Leisure time? Never heard of her! Committing to 16 different things per semester means I am always procrastinating from something. I am so well adapted to stress that I now exist in a state of disaffected calm. Evidence is due in three hours but ‘sure, I’ll go to the bar’. Who needs coffee when you can just deprive yourself of sleep? (Leanne Trinh) I always participate in class discussions; usually just to complain about how tired I am. I read an article once about how beneficial napping can be, so now I make up my eight hours exclusively in two hour bursts. My only nutrients come from the Hancock vending machines and I never know what day it is.
Netflix and procrastinate (Jacqueline Robertson) A classic saga: I took a break to have dinner, which involved switching on the TV. Now it's 10pm, and if that's not too late to start studying again then it will be after this next 22min episode. Having grown up on shoddy streaming services and megavideo's 72 minute maximum, I blame Netflix autoplay. Rewording your introduction twelve times (Georgia Larsen) Sometimes I spend 6 hours doing an hour’s worth of work but honestly time is a construct and my introduction paragraph is so sharp it could cut a man. My mentality is that it is obviously easier to just keep re-doing the same 300 words of my essay, rather than move on and have to come up with new ones.
Tinder (Aurora Muir) I joke that I don’t need to graduate with a law degree, because I can always marry rich. What my friends don’t know is how hard I’m riding on this plan. The boys in my DMs are all from the Eastern suburbs of Sydney with the intention of either interning at daddy’s firm or just straight up messing around until it’s time to take over as CEO. Staring out a window (Huiruo Pang) Heart eyes for nature. I’m always proposing hikes in the group chat but am suddenly ‘away from keyboard’ when a study date is mentioned. The only way to get me to attend class is by setting the ‘National Arboretum Canberra’ as the assigned tutorial room.
Going to moose the night before an assessment is due (Mary-Anne Nolan) Truly has just given up. I live by the old adage ‘two steps forward, one step back’. If going out one last time before your assignment is due will increase your motivation 10-fold the next day, then I’m all about it! 5% isn’t that much, both in terms of your grades and your vodka cranberry.
5
my inglorious career with student publications
The first Peppercorn was in 1969 as Forensic and then later in the ‘70s as The Carbolic Smoke Ball. Archived copies can be found in the ANU Law Library. In one of these archived copies, we found this article from the Hon. Michael Kirby of the High Court. In the spirit of celebrating our history, we are republishing it in this edition.
ABC. Nor was there much rhetoric about free speech; free expression; or the free press. There was precious little insistence upon the special need for freedom of speech in a university. My rather orthodox and conservative line won the support of the Council. The editors of Honi Soit were sacked. It was a grim day for free expression in student publications. The shame of it all.
My most notable involvement in student publications was, and still is, a source of great shame to me. Back in the year 1962, I was elected for my first term as President of the Sydney University Students’ Representative Council. Ponder on this next time you see a student politician around campus. That jumped-up, self-important troublemaker has a high chance of eventually becoming a Justice of the High Court, Prime Minister or Governor-General. It is enough to make one shudder and to need a good lie down.
Later, the Sydney SRC got cold feet and changed its mind. The editors of Honi Soit were hastily reinstated. But, as I remember it, they immediately resigned in protest against the way in which they had been dealt with by the SRC. Looking back, their rebuke was probably well deserved. It is not a glorious moment in my rise to power in student ranks. I look back on it now with much embarrassment. So it’s better to get that off my chest.
A dispute broke out in 1962 between with the Students’ Council at Sydney University and the editors of the student journal, Honi Soit. At the time, the editors were Peter Grose and Ritchie Walsh. The latter is still involved in publications, having become a leading Australian publisher in the famous house of Allen & Unwin.
One consequence of the debacle involving Grose and Walsh was that Laurie Oakes was appointed editor of Honi Soit. Thus began his long career in Australian media. Amazing where people start. According to the history books, Laurie Oakes later employed Kevin Rudd, when he was a mere student at the ANU. He paid our now Prime Minister to do odd jobs around the house. No doubt, during wideeyed questions by Kevin Rudd, the media guru told him about his triumphs in Honi Soit. Actually, he probably then launched Kevin Rudd’s still more glorious career. In that way, I feel I can take credit for the rise and rise of our Prime Minister. If I had not sacked the editors of Honi Soit, Laurie Oakes would not have risen to the top. He would not have employed Kevin Rudd. And the rest would not be history.
I cannot quite remember what the 1962 dispute was originally about. But the long and short of it was that it involved an issue of censorship. The SRC was divided. Eventually, the majority sided with the censors. I dimly recall that I took a rather formalistic line to the complaints about the contents of Honi Soit, emanating from the University administration. Formalism is often a problem with lawyers. The SRC was the publisher and funder of the journal. Accordingly, so I said, it had a right to impose its standards. When the editors strayed, the SRC could impose its will. Impose it did. Obviously, I did not have formulating in my little brain at the time the great constitutional principle later stated by the High Court of Australia in Lange v
6
The short point is that students who take part in the representative associations during their university years tend to be the pushy types you get on in life. So get with it. Make the most of your university experience. And never let some conservative student politician censor you or suppress legitimate free expression on a university campus. If you cannot have, and express, bold and unwelcome ideas there, where can you do so?
But a student publication should be more informal. It should contain short newsy items. It should include a few photos, especially photos of the President and Executive of the students’ society! It should contain short articles, mainly written by students, giving a fresh and punchy perspective about the law, legal studies, latest judicial decisions and the future of the profession. It should, in short, be an irreverent, stimulating, provocative publication. We can leave the deep learning and footnotes to the formal law reviews.
It is by the dialogue between the forces of change
Above all, student publications should challenge orthodoxies in society. Such challenges are especially needed in law faculties. Surveys of law students in Australia show that they are
and of conservation that progress is made in the
still overwhelmingly drawn from private school education, elite suburbs, law. And the best place to start is in law school. A and privileged backgrounds. The type of person who chooses to study law very good place for the young stirrer is in is typically one who likes life to be ordered, predictable and regulated. student publications. Obviously, there is a place for such people in the law. But there must also be a place for the questioners, the stirrers and the dissenters. It is by I am glad to see that in 2010, the ANU Law Students’ the dialogue between the forces of change and of Society has ambitious plans for Peppercorn. The conservation that progress is made in the law. And Society hopes to establish a publication exchange the best place to start is in law school. A very good with the International Alliance of Research place for the young stirrer is in Universities and with leading international law student publications. schools. This exchange will move beyond the printed page. In ways that we could not imagined If my life is any guide, an engagement in student in my university activities at a young age sets the ambitious tyro on days, an interactive website will be created for a course that could end up virtually anywhere. To this publication. It will result in an increase in the all participants in Peppercorn, and to all students at number of issues produced and circulated at the the ANU College of Law, I send greetings and this ANU and, through cyberspace, to other Australian message of encouragement! and overseas law schools. The one thing that Peppercorn should not do is to try to become another university law review. We can leave that activity to the Federal Law Review and the other university law reviews in Australia. They are outstanding publications, providing constant stimulation, analysis, criticism and new ideas for the judiciary and legal profession of Australia I am a strong supporter of law reviews. One of my great joys during my High Court service was to see the new editions come into the library of the High Court, with their vast range of stimulating articles and commentary. Now, I must struggle with the internet to get the same range of stimulation..
The Hon. Micheal Kirby AC. Distinguished Visiting Fellow, ANU Justice of the High Court of Australia 1996-2009
7
what’s not to ‘like’: corporate good or corporate greed
health.2 In fact, our brains experience a release of dopamine in response to receiving likes online,3 influencing our behavioural cycles as we seek to replicate that release. From a social-interaction point of view, SBS reporter Samuel Leighton-Dore has commented that ‘the emphasis placed on how many likes each photo receives plays heavily into the complex and ongoing battle for validation in the digital media age’.4 Likes become proxies for social approval, both signally and validating your status on the social ladder.
I, like many, was surprised the first time I checked Instagram after the 'likes' were removed. What was more surprising however, was the supposed reasons behind the change: Instagram cares for the mental health of its users and is testing ways to transform the space into one which creates less anxiety.
We can feel this locally. People post much more regularly to their Stories than to their Feed— a facet of the platform which, significantly, hides likes. Given the success of Stories as a less visibly competitive forum, it makes sense to introduce these same features to the Feed.
From the 18th of July this year, Australian Instagram users (along with users in New Zealand, Japan, Brazil, Ireland, and Italy) have not been able to see the number of likes on posts.
But for some reason, it’s difficult to accept that Instagram cares enough about user mental health to motivate such a significant change to its platform. In a context where its parent company, Facebook, has little issue in facilitating the disruption of the democratic process, why the sudden righteousness? Sure, maybe it’s good optics, but for a huge, multinational corporation such as Instagram, a move like this is never as straightforward as it appears.
According to Mia Garlick, the Director of Public Policy for Facebook and Instagram in Australia, this move away from likes aimed to depressurise user experience within the application, allowing users to share content without the element of competitiveness that inevitably surrounds likes.
Firstly, while others cannot view your like count, you still can. Personally, I still get validation from that number, even if the knowledge that nobody else can see it causes me a little less anxiety.
‘We want Instagram to be a place where people feel comfortable expressing themselves. We hope this test will remove the pressure of how many likes a post will receive, so you can focus on sharing the things you love.’1
Secondly, the focus on how social media in general affects users’ mental health does not, and has never, centred on likes. It has centred on how we are affected by seeing only the highlights in the lives of peers and influencers. What is particularly damaging is the constant exposure to digitally altered bodies;5 whether this be through ‘correction’ apps like
Instagram’s rhetoric on this move has been incredibly consistent; all public statements seem to echo the above sentiment. Instagram should not be a ‘competition’. The focus of the app should be on its content, not the quest for approval. Etc.
2 Elroy Boers et. al., ‘Association of Screen Time and Depression in Adolescence’ JAMA Paediatrics (2019); Melissa G. Hunt et. al., ‘No More FOMO: Limiting Social Media Decreases Loneliness and Depression’, Journal of Social and Clinical Psychology (2018).
On one hand, there is no doubt that social media is a source, or at least a facilitating factor, in the anxiety many of us experience on a day-to-day basis. Numerous studies have indicated a link between more time spent on social media and poor mental
3 Lauren E. Sherman et. al., ‘The Power of the Like in Adolescence: Effects of Peer Influence on Neural and Behavioural Responses to Social Media’, Psychology Science (2016). 4 Samuel Leighton-Dore, ‘Why Instagram removing ‘likes’ is a win for everyone’, SBS (18 July 2019).
1 Mia Garlick, quoted in Jessica Lynch, ‘Instagram Is Getting Rid Of Likes On Posts For Australian Users From Today’, 10daily (18 July 2019).
5
8
Pavica Sheldon, ‘Pressure To Be Perfect: Influences on College Students’ Body Esteem’, Southern Communication Journal (2010).
BodyTune, which allows you to pull in your waistline, or the face filtering apps embedded by the platform itself. While a restriction on body photoshopping may never be workable, I think a genuine concern about the mental health of its users would see Instagram consider disallowing the digital alteration of our faces in filters designed with the exclusive purpose of slimming our faces and hiding our flaws.
or directly profiting from. Instagram no longer needs data from your likes to market you content. Your feed is already customised to your digital footprint. How much time you’ve spent looking at a particular user’s content, what ads you’ve clicked on, what kind of posts you like, and your political affiliations are all obtainable data that Instagram monetizes for advertising.
Importantly, what is Instagram itself doing to support this ‘test’? How is the mental health of its users being measured?
While the removal of likes may be beneficial for mental health in some ways, it is unlikely to be driving force behind the change. At best, it is a token gesture; a perfunctory acknowledgment of the impact of social media on our self-esteem. At worst, it is a centralisation of advertising processes that allows Instagram to cash in under the guise of protecting mental health.
Online, Facebook have said that they’ve conducted tests in which a handful of people have suggested they think removing likes will improve their mental health.1 This is not enough to reliably support the idea that Instagram has removed likes for the good of their users. When the results of the first test in Canada had still not been released, or even finalised, how did Instagram justified rolling out the change in Australia? As of last month, Instagram still had not released any results.2
As John Herrman of the New York Times best sums up, backlash against the removal of likes reflects: ‘a rational understanding of what… any social network is, really: a marketplace with goods and currency and winners and losers, governed by an all-powerful and unaccountable corporation. Metrics mean money, and knowing them provides a rare if fleeting sense of knowledge and control in an environment otherwise ruled by secrets — one that will exploit you whether or not you actively try to exploit it. For users, numbers are power. For the platforms, so is hiding them.’4
If we look at this move from a corporate-strategy point of view, Instagram’s removal of likes is that it is not about mental health at all. It is about moving from a more decentralised model of advertisement, where Instagram models and influencers can make bank on endorsing skinny tea, vitamins and make-up brands, to a centralised model where it is the platform itself that controls, and thus profits, from advertisement. Reports coming out just after the removal of likes show the volume of ads on the platform has roughly doubled, with some marketers suggesting almost 20% of posts are now ads.3 It is yet another way by which we, as consumers, become less empowered to make our own choices about what we see (noting that we didn’t hold that much autonomy to begin with). You can unfollow an influencer, but you cannot optout of the rampant data collection that Instagram, Facebook and other services are either conducting
Zoe Saunders.
art by zoe saunders
1 Queenie Wong, ‘Instagram is hiding likes. You may be happier in the end’ cnet (14 August 2019). 2 Paige Leskin, ‘Influencers are fighting for attention as Instagram tests removing likes from its platform: ‘there’s no audience applause at the end of a performance’’, Business Insider (6 September 2019). 3 Amy Gesenhues, ‘Has Instagram increased its ad load? Marketers report as many as 1 in 4 posts are ads’, Marketing Land (26 July 2019); Karissa Bell, 4 ‘There really are more ads on Istagram now’, Mashable (23 August 2019).
9
John Herrman, ‘What if Instagram Got Rid of Likes?’, The New York Times (31 May 2019).
pick an australian prime minister and we’ll tell you what you should cook for your housemates this weekend!
10
The worst part of moving out of home/catered college is the realisation that you actually might have to learn to cook (if you ignore the crippling financial instability, of course). If you’re too lazy to
think of meal ideas more complex than pesto pasta, but not insufferable enough to whore out your Instagram story for 10% off a hellofresh subscription, this is the guide for you.
Kevin Rudd (2007 – 2010) Mandarin souffle The libs have been at it for a while, so it’s time for something innovative and fresh! While this is a promising dish in theory, it never really rises to expectations. Just like any souffle some external cataclysmic event is probably going to occur during the recipe’s infancy and permanently taint the dish, whether it be your roommate loudly dropping a pot or your closest ally loudly dropping a giant pile of subprime mortgages. Be careful about adding other elements to this recipe though – these flavours don’t necessarily play well with the other things you may have in the Cabinet.
Malcolm Turnbull (2015 – 2018) Something from Ottolengi’s newest cookbook. You’re rich, but you’re also progressive enough to flirt with Middle Eastern flavours. Try something with fish, but make sure you remove the backbone before roasting – wouldn’t want any sort of moral conviction to prevent you from really marinating in the party’s juices and losing all sense of your original flavour. Scott Morrison (2018 - ?) How good is Maccas? Maccas is open late at night and, yes, it polled as preferred from the start, but really, look at the options (once you exclude the more qualified female candidate, of course). Like Maccas, you’ve Shortened your name to appear more laddish and approachable. But really, that’s most of what you have to distinguish from the competition (apart from your alarming affinity for Definitely Not A Cult Hillsong Church). Zambreros is the other direction entirely (Left, in fact) and there’s a really comprehensive menu of add-ons to contemplate that you just don’t have time for. Plus, you’re much less likely to shit yourself at a Maccas. Right?
Julia Gillard (2010 – 2013) Bread. Like any bread baker, you know how to actually close the oven door and gracefully redirect to other important issues while the yeast does whatever the fuck it’s doing in there. It’s not your business. You don’t let your ego drive you to constantly open the door and poke a knife in ‘just to check’; completely undermining the baking process and setting up the country for almost a decade of Liberal leadership, unlike some people you could name. Kevin Rudd part 2 (2013 – 2013) Three-day old leftovers It’s back! Here to disappoint and just a little worse. You’ve still got the smugness of having actually cooked for yourself, but all the excitement’s worn off. A quick google reveals that three-days is borderline, particularly since it’s been sitting in your bag all day. You eat it anyway, but even reopening Nauru won’t make this taste Right enough for the Australian populous. Plus, why do you always forget to bring cutlery? You must have left your knife somewhere…
Anonymous.
art by georgia larsen
Tony Abbot (2013 – 2015) French onion soup It goes pretty well with bread, if ‘goes pretty well’ could be translated as being absolutely destroyed on gender issues in a viral moment that will supply ALP Spicy Meme Stash to the end of days. Plus, if you’re short on time you can always eat the onion raw. Apparently, it tastes like apples? Be aware, the odour from this dish will hang in your fridge for months after you FINALLY get rid of it, likely tainting your cooking attempts for many years to come.
11
The inherent problem with pyramid schemes, and one that went completely over my head as a child, is that money is, in fact, finite. The individuals at the top of a ‘pyramid’ would typically make a tidy profit from their three gullible friends, but eventually, someone somewhere wouldn’t be able to track down enough friends with a grand to spare.
the uncomfortable relationship between pyramid schemes and modern MLMs
One of the most world’s most famous iterations of the classic pyramid scheme developed in 1980s Florida, and was known as the ‘Plane Game’.1 A particularly interesting aspect of the Plane Game is that, according to former members, the higher-ups within the scheme started handing out roses to those who forked over 1500 USD to enter ‘the game’ once they realised that they were under investigation by the FBI.2 The logic was that by handing out roses they were exchanging goods for money and were therefore entering into a valid transaction. It was to no avail. Pyramid schemes were systematically stomped out throughout the United States, including the Plane Game. Now, imagine that the rose I just discussed was an oversweet, unpopular energy drink.
In the late 2000s I was in dipping my toes into the exciting new waters of social media addiction. I had a carefully curated Bebo account (my background was black with pink sparkles), a Myspace, MSN, and a Hotmail account, which was absolutely riddled with chainmail and spam. One of these spam emails in particular always stuck out in my mind. I can’t remember the specifics, and I refuse to resurrect that particular email account so that I can quote directly from the source, so we will have to make do by paraphrasing the email’s contents. Essentially, it posed itself as unlocking the secret to a social revolution. It pointed out the futility of the capitalist model and claimed that poverty could be abolished if every person on earth followed a simple set of instructions. You find three friends, and ask them each to gift you one thousand dollars. Then you instruct them each to find three of their friends, and ask them each for the same sum of money. This pattern would continue indefinitely, until every single person on earth had three thousand dollars to burn and world peace was achieved. To eleven-year-old me, this email was a revelation. Thankfully for myself and the world at large, I would grow up to develop a passion for law rather than economics. What that email described was a textbook pyramid scheme. Again, thankfully, it didn’t actually ask me for money, nor had I grown tech-savvy enough to save my parent’s credit card information onto my computer (yet), so I emerged from the encounter unscathed and with a newfound suspicion of capitalism.
Verve energy drinks became a prominent feature on university campuses in the United States the early 2010s. They were sold by Vemma, a so-called ‘MLM’ or multi-level marketing scheme, which promoted itself as an opportunity for students to beat down their college debt. They could earn money by signing up to be a ‘distributor’ of the energy drinks for the low entry fee of 600 USD and a minimum monthly 150 USD worth of energy drink purchases. The majority of the profit turned by Vemma came from these fees extracted from their distributors - the product itself was not particularly popular. Eventually, Vemma’s business practices were found to constitute those of a pyramid scheme, and it was forced to settle charges laid by the United States Federal Trade Commission.3 Vemma was one of a plethora of MLMs which exploded alongside the rise of social media throughout the 2010s. Many MLMs engage in business practices which are similar to Vemma’s, and they often encourage their representatives to sell the MLM lifestyle on social media in order to draw more people in. The products they sell, be they makeup, supplements or fashion accessories, often seem redundant next to the ‘opportunity’ that these organisations spruik (usually for a hefty signup fee and ongoing costs). Representatives generally only have a prayer of turning a profit if they manage to sign up other distributors to work underneath them, from whom they can collect commissions. The vast majority either lose money or break even. MLMs specifically target women, and especially mothers, who are 1 https://www.sun-sentinel.com/news/fl-xpm-1987-03-268701190859-story.html 2 For more information on the Plane Game, see Episode 1 of ‘The Dream’ Podcast. 3 https://www.ftc.gov/news-events/press-releases/2016/12/vemma-agrees-ban-pyramid-scheme-practices-settle-ftc-charges
12
likely to be drawn to the idea that they can ‘work from home’ and ‘be their own boss’ while caring for their children. Enter your high school acquaintance, Jessica, whose gluten intolerance has been cured by a random supplement that medical professionals worldwide apparently overlooked and who really, really wants you to give it a shot. The Jessicas of the world are being increasingly ridiculed for their habit of sliding into the DMs of girls that they bullied in high school and begging them to try out ‘this incredible new toner’ or ‘herbal fizz’. While they are certainly a source of entertainment, it is important to remember that these individuals may well be caught up in a desperate situation. As they sink more and more money into the ongoing costs of MLMs, collecting piles of product which is often unsellable, they risk spiralling into debt. These MLMs instil in their distributors the conviction that these periods of unprofitability are temporary, and that they simply need to ‘hustle’ more in order to make back their initial investment (and more).
not be dismissed as annoying or stupid. Recently, a post appeared on my Facebook feed reciting the story of how Mark Zuckeberg once invited five people to his room at Harvard to discuss a business opportunity, and only two would show up and become billionaires. The moral was that you should keep an open mind when somebody approaches you with a similar request, because they probably see something great in you. It is easy to see how this rhetoric might convince lonely, financially uncertain women that they have the potential to claw their way into the tiny percentage of people who manage to turn a profit under MLMs.
MLM representatives often bristle at the accusation that they have signed up to a pyramid scheme. A common rebuttal to this charge is that ‘it can’t be a pyramid scheme, because pyramid schemes are illegal.’ This defence, while a shining example of various logical fallacies, actually raises a good point. MLMs are facing an incredible lack of scrutiny both in Australia and the United States, and as a result have accumulated considerable profit and influence. If an MLM makes a majority of its revenue from product sales rather than recruitment fees, it is not considered to be a pyramid scheme. This leaves a gaping loophole open to MLMs. If they push monthly sales quotas - and many of them do their representatives will feel compelled to buy the product themselves, regardless of whether they think they can sell it on. The Vemma scandal demonstrates that the pyramid scheme model is a highly adaptable one, perfectly suited for the exploitation of online #hustle and #girlboss culture. The women posting hour long Instagram stories from #girlpower conferences, encouraging you to join their team and take control of your time and finances are likely not living the life they seem to be. Many women are encouraged to post misleading images of nice hostels, cars, and champagne with captions like ‘CEO of Me! #grateful for Vemma!’.4 MLMs like Amway, Herbalife Nutrition, Mary Kay and their many peers take advantage of socially isolated women who are struggling with their finances and need to work flexibly, by offering an idealised life that traps them into punishing debt. As consumer advocates have pointed out,5 Australian regulations have a long way to go to catch up with our ‘pyramid-shaped’ MLMs. In the meantime, your childhood friends who post about essential oils ten times a day should 4 https://www.theguardian.com/fashion/2019/jun/01/online-beauty-schemes-selling-social-media-younique-arbonne 5 https://www.sbs.com.au/news/the-feed/multi-level-marketing-or-pyramid-scheme-consumer-advocates-call-for-tighterrules
13
Caroline Dry.
art by anonymous
2 birds, 1 mine:
environmental citizens by Harry Douglas In an attempt to stop Adani, artists of The Black Finch Project have mailed over one thousand depictions of dead finches to politicians. The endangered black-throated finch was recently at the centre of yet another attempt at preventing, or at least delaying, the development of the Adani Carmichael coal mine in the Galilee basin. Charlotte Watson, the artist behind the Black Finch Project, aimed to ‘make known the lives of these creatures. No text. No slogans. No message of rage. Just dead finches’.
The Black-Throated Finch Management Plan was signed off on at the end of May. According to CEO of Adani Mining, Lucas Dow, the approval was an ‘important step’ subject to ‘rigorous scientific evaluation’. Although home to the largest population of the finch, the site of the forthcoming mine has already seen an 80% decrease in the habitat range of the bird. While there are still some steps remaining in the Adani approval process, these appear only to be regulatory, as politicians seem to be pushing for the development about as hard as the mining company itself. So, is there anything we can do? Certainly, the Black Finch Project has gained enough media traction to alert the attention of the public and maybe even a couple of sympathetic politicians. However, the level of support for the Adani project suggests this will likely be just another splash in the pond. Legally, the enactment of the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC) introduced the potential of third-parties bringing judicial review claims – which is currently seen to be the most effective method of changing the course of the law. To bring such a claim, the person must meet a standard which is slightly less stringent than the administrative standard of ‘person aggrieved’. However this is subject to the individual working in activities related to the environment for at least two years prior and proving they are directly affected by a decision, failure, or conduct for the purpose of making a decision. Between 2000 and 2015, approximately 0.43% of projects referred to the minister were subject to third party judicial review challenges. And with only roughly 100 suits being brought to the Federal Court by private citizens for ‘public environmental benefits’ since 2000, we are surely seeing a structural block to Environmental Citizen Suits. Justice Pepper of the NSW Land and Environment Court argues that the limitations are institutionally imposed by Parliament in order to safeguard government action from judicial scrutiny, which, along with the financial and emotional costs of litigation, results in citizens asking, ‘is it worth it?’
In a context where environmental court judges themselves
14
lack faith in the rule of law being applied, realistically, there is a very low chance of success in litigation. In our legal system, the judiciary’s powers of review are constitutionally enshrined for those moments when governments act contrary to the will, or wellbeing, of the public. Here, the courts’ powers of review have been covertly restricted, suggesting we need to find our own way to speak up against what can only be described as the inevitable destruction of our environment. In this sense, mailing crocheted dead birds to politicians doesn’t seem so absurd anymore.
art by michelle stewart and kate carey peters
tiny love stories 2.0 Anonymous submissions
Concept based off The New York Times ‘Tiny Love Stories’.
“Choccy Milk and Barbeque Shapes”
“Staying in love”
I remember hearing pop songs in high school which talked about the satisfying feeling of being over someone. I always thought the singers were lying. I would never get over you. Then one day you drove past me as I was walking home with groceries and my new lover. He was slurping a choccy milk and had a box of barbeque Shapes under his arm. I could see you judging him, and for the first time ever I understood those songs. I don’t care about you anymore. Keep on judging him, I’m happy.
I thought I was special because I was 19 and I was in love. Now I’m 22 and I know everyone falls in love. It’s staying in love that makes you special. I am not special. Bianca, 22 “I thought we would never get along”
When we met, you were 20 and I was nearly thirty. I told you it would never work because our lives couldn’t intertwine, I would never get along with your 20-yearold friends. Three years later I’m in a new city meeting up with your old friend because she just moved there. We are going to have beers by the beach and I’m going to tell her I thought we would never get along and we will laugh. I can’t wait to marry you.
Lucia, 26 “Smarter”
I knew you were more attractive than me when we first met. I thought you were probably smarter than me too. I still got you anyway and I felt so pleased with myself. Then another girl hit on me in a bar while I was seeing you. I began seeing both of you and thought I was the shit. Then you both found out and I have neither of you. Now I know you are both smarter than me.
Daniel, 31
Percy, 21 “The White House”
Whenever I look at you I think of this white house which was around the corner from the house I grew up in. I always envisioned a family of four in that house; a perfect, fictional family of four which would take the dog to the park together on a Saturday afternoon. Something about you was so safe, so suburban and so not right. But now you’re happy with someone else and I’m not. I wonder if you two will make it to the white house together. Jaime, 24
art by georgia larsen
15
Background A repeated sentiment from friends after hearing For decades, the use of armed robots has interested authors and artists. However, until recently, automated warfare has been limited to handcrafted (human written) programming. This programming has significant limitations, particularly in terms of the time required to craft the autonomous system and the complexity of tasks it can complete. The increasing use of machine learning algorithms, however, creates the possibility of States creating autonomous weapons through feeding machines data, allowing them to determine how to find the “desired” outcome. Machines do this using ‘artificial neural network[s]’, which allow them to ‘extract rules and patterns from sets of data’.3 This process is analogous to humans using trial and error to find the solution to a previously unseen problem. In the case of an autonomous drone, this could involve feeding a program data from lawful and unlawful strikes to allow it to craft a set of rules/patterns to determine when it could legally fire.
us or them? killer robots and international humanitarian law1 Rapidly advancing technology, particularly in the field of AI and machine-learning has the capacity to fundamentally alter most, if not all, aspects of our lives. While many applications of machine-learning are positive, the development of so-called “Killer Robots” or more neutrally, Lethal Autonomous Weapons Systems (LAWS), has attracted increasing attention and concern. Certain scientific and legal experts fear that this technology is advancing faster than regulations designed to protect us. These commentators fear that LAWS may not be able to comply with the rules of international humanitarian law (IHL), or that the novel nature of these weapons may render IHL rules ineffective. Others fear that reducing the human element of war may lower the threshold for States to enter armed conflicts. In response, proponents of the technology argue that LAWS may diminish the immediate and long-term harms that result from participation in conflict, and minimise human error.
Machine learning algorithms are not without drawbacks, with observers unable to follow the processes the algorithm undertakes to reach its final decision. Instead, only the direct inputs and outputs can be seen. The so-called ‘black-box effect’ has led commentators to suggest that ‘there is no obvious way to design [a machine learning system to] explain why it did what it did’.4 This is of particular concern in the area of AI-driven weapons, as the black box could prevent proper testing and evaluation of a system before deployment. In effect, without significant scientific development it is likely that systems will only be able to be tested with known scenarios, and their behaviour when facing other situations may not be able to be accurately predicted. Additionally, current research has demonstrated that machine learning programs designed to identify images can be ‘tricked’ by minute alterations.5 This is possible because machines ‘see’ using sensors by scanning and ‘looking’ at every pixel in an image, amplifying
This piece will examine how LAWS might function and whether they could comply with the rules of IHL. It will not consider whether they should be used in conflict. For the purposes of this piece, LAWS are defined as ‘weapons with autonomy in their critical functions of selecting and attacking targets’.2 This definition, adopted by the International Committee of the Red Cross, captures systems with high levels of autonomy, rather than those where human controllers retain the final decision regarding whether to fire or not to fire on a given target.
3 The Economist, “The Economist explains: How machine learning works,” The Economist, May 14, 2015. 1
This piece reflects only the personal views of the authors.
2 The International Committee of the Red Cross, “Statement on the Expert Meeting on Lethal Autonomous Weapons Systems,” (Online, 15 November 2017).
4 Keith Rankin, ‘The Dark Secret at the Heart of AI’, MIT Technology Review (online, 11 April 2017). 5 Christain Szegedy et al, “Intriguing properties of neural networks,” (Research Paper submitted to International Conference on Learning Representations, November 2014), 6.
16
the effect of small changes.1 Given that LAWS are likely to rely on similar image-recognition algorithms to identify targets, there is significant risk that a system could mistake a civilian object as a military objective. Any system designed would therefore need to be rigorously tested to ensure that it could comply with the strict requirements of IHL.2
to civilian objects. For example, a LAWS could target a child carrying a toy gun if its image recognition algorithm was not sophisticated enough to differentiate between real and “fake” guns. However, there is no immediate bar that would prevent the development of LAWS provided testing could demonstrate the reliability of the system.
International humanitarian law and laws States and commentators agree that IHL rules will regulate the use of the LAWS in armed conflict.3 The relevant IHL rules governing the use of LAWS in conflict are contained in both treaty obligations and customary international law.
In addition to this, the use of military force must also comply with the rules of distinction, proportionality and feasible precautions.5 That is, attackers must
Under both Additional Protocol 1 and custom, weapons which are by their nature indiscriminate (that is they cannot be directed at a military objective or they inflict damage which cannot be limited as required under IHL) are prohibited.4 If LAWS could
2.
1.
3.
...a false reading could lead to civilian or allied casualties, or damage to civilian objects. For example, a LAWS could target a child carrying a toy gun if its image recognition algorithm was not sophisticated enough
‘distinguish between the civilian population and combatants and between civilian objects and military objectives and … direct their operations only against military objectives’,6 use force that is proportionate to the concrete and direct military advantage anticipated from carrying out the attack,7 and undertake feasible precautions to ensure targets are military objectives and collateral damage is minimised and not excessive.8
The limitations that these requirements impose on the use of LAWS are clearly significant. The machine learning algorithms used in such systems would need to be capable, not only of identifying between military and civilian objects, but also of calculating the military advantage offered by a target and weighing this against the expected collateral damage. While collateral damage calculations follow defined formulae (and therefore could conceivably be conducted by an autonomous system), military advantage is a far more complex concept. This is because the advantage gained by targeting a given objective will vary depending on the overall operational context. For example, the destruction of a communications centre may offer a greater military advantage prior to a planned offensive than it would at another time. Similarly, the requirement to take feasible precautions, which continues throughout the attack, will mean that, if feasible, states deploying
be programmed to reliably distinguish between civilian and military targets, and are only equipped with weapons that comply with this obligation, this requirement could be met. As outlined above, there are significant questions that would need to be answered regarding the accuracy of identification algorithms used in these weapons, as a false reading could lead to civilian or allied casualties, or damage 1 Christain Szegedy et al, “Intriguing properties of neural networks,” (Research Paper submitted to International Conference on Learning Representations, November 2014), 6.
1 AP1, opened for signature 12 December 1977, 1125 UNTS 3 (entered into force 7 December 1978), art 36. In particular concerning the obligation for parties to determine whether the use of a new weapon is prohibited under IHL in some 5 API, n 3, 220.. or all circumstances. 6 AP1, opened for signature 12 December 1977, 1125 UNTS 3 (entered 3 See Advanced Version Report of the 2017 Group of Governmental into force 7 December 1978), art 48. Experts on Lethal Autonomous Weapons Systems (LAWS), Provisional Agenda Item 7, UN Doc CCW/GGE.1/2017/CRP.1 (20 November 2017) para 16 (b). 7 Adapted from AP1, opened for signature 12 December 1977, 1125 UNTS 3 (entered into force 7 December 1978), art 51(5)(b), 57 4 AP1, opened for signature 12 December 1977, 1125 UNTS 3 (entered into force 7 December 1978), art 51(4); International Committee of the Red Cross, 8 International Committee of the Red Cross, Customary IHL - Rule 15. Customary IHL - Rule 71. Weapons That Are by Nature Indiscriminate. Precautions in Attack.
17
LAWS will need to be able to monitor and override the system. This could potentially require the presence of a back-door to take over the system if it appears that it will fail to obey IHL requirements. As recent ransomware hacks demonstrate, back doors do not remain unexploited for long and sophisticated criminal or terrorist organisations may try to exploit this vulnerability. As has been demonstrated in recent drone attacks,1 LAWS could fundamentally alter the balance of power in warfare, particularly if the technology is acquired by non-state actors operating outside of international law norms. Overall, while these requirements may be able to be met with sophisticated algorithms, current technology does not appear to be able to satisfy IHL rules. In particular, image recognition algorithms are liable to make mistakes that could lead to incorrect and illegal target selection, potentially harming civilians. Therefore, significant research and development will be needed before LAWS could be used in armed conflict. While this research is undertaken, care must be taken to ensure that the technology does not fall into the hands of rogue actors, especially terrorist organisations or other criminal organisations as these bodies may not be bound by or may not follow the IHL rules governing conflict. This risk will need to be carefully managed given the widescale harm that would result from widespread use of LAWS to target civilians or civilian objects.
robo-lawyers?
Most students hastily applying for graduate jobs do not anticipate that a robot, rather than their HD average classmate, might actually get the position over them. Unfortunately, this is the reality of 2019. Mechanization, specifically the ability of artificial intelligence and machine learning to process large amounts of data, has undoubtedly disrupted the Australian workforce’s ability to provide a stable job to the Average Joe. Lawyers, with their high level problem solving skills and innately human-centric M.O., however, have generally escaped this scary phenomenon. Nonetheless, there is reason to doubt whether this still holds true.
Andrew Ray and Sophia Collins. photography by zoe saunders
1 Ben Rich, ‘Drones are levelling the playing field in the asymmetrical arms race – and superpowers are worried’, ABC News (online, 18 September 2019).
18
The recent surge in AI within the legal profession should be a cause for concern for aspiring law students, whose last interaction with complex data came in the form of compulsory Mathletics in Year 10. Although legal skills are highly complex and take many years to develop, many legal entry-level jobs involve a lot of exposure to small, menial tasks, which, while often seen as ‘grunt work’ are important in cultivating the skills of young lawyers. These tasks include reading cases, performing research, and filling out standardized legal forms. LegalMation (IBM Watson) now completes a typical day of these menial tasks in under two minutes. Jeez.
This is even more disturbing for anyone who’s GPA reflects a significant amount of time spent at Badger over the past few semesters.
Agreement (with an accuracy rate of 85%), AI had an accuracy of 94% (and finished in only 26 seconds!). There isn’t any argument about who’s more competent here.
LegalAid will be delivered as a process akin to a Maccas drive-through, except the order is made through a screen rather than a microphone with a human worker on the other end. I envision the lawyer of the future to be this hooded figure, hunched over a computer screen, entering line after line of code as the legal suits of the past fade into the distant memory. Although I can’t really imagine a computer overseeing Mabo or complex estoppel disputes, the stats are scary. For example, a LawGeex study on AI proved that when human lawyers took an average of 92 minutes to identify issues in a Non-Disclosure
Some have even dared to ask whether it’s possible to conceivably replace human judges with robots. It is, and it’s already happening in Estonia. The government there have implemented an AI judge in an attempt to clear a backlog of small disputes less than $13,000. Although decisions made by the AI are often reviewed by human judges, this endeavor reflects a remarkable attempt to integrate big data and machine learning into real life law. In the US too, algorithms are beginning to recommend criminal sentences in some states. However, despite all these advances, computers still haven’t superseded lawyers. Although advances in technology have caused over 31,000 lost jobs in the legal sector (Deloitte report), these have mainly been secretarial roles. Interestingly also, over 80,000 new jobs have been created to manage the relationship between robot and lawyer. As Justin Brown, one of the lawyers defeated in the LawGeex legal combat said, “Either human or technology working alone is inferior to the combination of both.” So while the legal profession isn’t doomed (yet), I’d recommend doing a few computer science courses. As anyone who’s ever worked with a Baby Boomer before knows, a surprising amount of your job will be basic IT support. Plus, you’re going to want to get to know your new coworkers.
Charlie O’Neill.
art by edwin dervil
19
Raised by a feminist mother, and politically Raised feminist mother, and politically informedby by a leftist Sydney-University informed by leftist Sydney-University debating debating coaches since the age of 11, I have coaches since the age of 11, I have always identified always identified myself as progressive and myself as progressive and exceptionally informed. exceptionally informed. Labour looked out Labour looked out for the people, Liberals for the people, Liberals looked out for the looked out for the Tony economy. Tony Abbott sucked. II thought economy. Abbott sucked. I thought Iknew knewit all it all because I read the Sydney Morning because I read the Sydney Morning Herald and the New York Times. New York Times. Then, in in 2016 2016,Donald Donald Trump was elected. I was Trump was elected. horrified and confused. Why had this man been I was horrified and confused. Why had this elected if everybody in the country hated him so man been elected if everybody in the country much? Commentary on his flaws and how damaging hated him so much? Their sworn hatred for his would be had had read the presidency guy had been all I had readbeen sinceall heI ran since he ran for election...and I inadvertently for election...and I inadvertently found myselffound myself agreeing. always always agreeing. It then hit hit me. me. I Ihad hadonly onlyread readhate. hate.I had I had nono idea about the real fear some Americans felt idea about the real fear some Americans felt about the neo-liberal elites' elites market dominance and how about the neo-liberal market dominance Trump’s election promised to redistribute wealth and how Trump’s election promised to and power. I had no idea how many people redistribute wealth and power. I had no idea hated Obamacare, or how many people wanted how many people hated Obamacare, or howto get their jobs back. Irrespective of whether the Trump many people wanted to get their jobs back. presidency would be able to deliver on these Irrespective of whether the Trump presidency promises, the fact was that I had not read, or seen, would be able to deliver on these promises, athe single positive or optimistic article. I was only fact was that I had not read, or seen, a exposed to one side of the coin. single positive or optimistic article. I was only exposed to one side of the coin. This is not to say that I agree with his presidency... it is issimply I didn’t know anything This not to to saysay that that I agree with his about it. Everything I had read about his ableism, presidency...it is simply to say that I didn’t homophobia, racism and sexism prepared me for know anything about it. Everything I had read an inevitable and embarrassing defeat. It was all about his ableism, homophobia, racism and too easy to read what I had wanted to read. sexism prepared me for an inevitable and embarrassing defeat. It was all too easy to The society we live in allows for this. readstrictly what I partisan had wanted to read. We thrive off reading information that supports who we are partisan and whatsociety we believe. We comfort The strictly we live in love allows and reassurance, rather than questioning for this. We thrive off reading information that and reasoning. Why I want towe read about one of supports who wewould are and what believe. Trump’s achievements when I hate him. We love comfort and reassurance, ratherIgnorance than seems preferable. questioning and reasoning. Why would I want to read about one of Trump’s achievements Social plays a huge seems part inpreferable. creating these when I media hate him. Ignorance echo-chambers for our political perceptions. Facebook makes noa effort to conceal in its FAQ for Social media plays huge part in creating ad preferences. What is marketed and these echo-chambers for our political displayed to us is actually a result data perceptions. Facebook makesofnoalgorithmic effort to aggregations that funnel information according conceal in its FAQ for ad preferences that what to your politicaland orientation. is marketed displayed to us is actually a result of algorithmic data aggregations that As perfectly expressed by MITtoprofessors Marshall funnel information according your political Van Alstyne and Erik Brynjolfsson, on the Internet orientation. we are 'empowered to screen out material that does not conform to [our] beliefs' leading As perfectly expressed by existing MIT professors to the formation of 'virtual cliques' and insulation Marshall Van Alstyne and Erik Brynjolfsson, from 'opposing points of view to reinforce on the Internet we are “empowered to screen [our] biases.' out material that does not conform to [our] existing beliefs” leading to the formation of “virtual cliques” and insulation from “opposing points of view to reinforce [our] biases.”
stop generalising,
20
It also matters because it divides our society in an irreconcilable way. If we lack empathy or understanding for another person’s view, it becomes all too easy to patronise or demonise them. Hillary Clinton’s claim that Trump supporters were a ‘basket of deplorables’ illustrates this. My awkward fights with my Dad’s conservative friends over terrorism illustrates this.
Print newspapers are no different. A 2016 Oxford Study found that when right-wing tabloid, the Sun, drastically altered its content according to progressive ideas, its audience gravitated towards the left. Neither are News channels. In an analysis of American cable in 2019, two Stanford economists discovered Fox news broadcast material intended to push their entire audience to the right rather than to accomodate a left wing audience. This led to a 6% swelling of the Republican vote share in 2008.
We need to read, and read wide. We need to read to form a view, not to reinforce one. As an informed and intelligent species, we must read to find mutual understanding and cooperative solutions to the problems before us.
But why does this all matter? The answer lies in the political stalemate of our decision making authorities. In debating you can’t win an argument unless you know exactly what the other person is arguing. To make a point fallible you need to turn it inside out. The Carbon Tax, Adani, the building of a wall on the border of Mexico, Brexit. Each of these decisions have been paralysed by people unwilling to compromise or negotiate their position because of an oblivion towards alternate views. What we learn in retrospect is that seeing political parties or significant social decisions as binary ignores the complexity of context. Brexit was not solely attributable to the racism of old white people. There is more to Queensland and the Liberal party’s support of Adani than disregard for climate change.
Harriet Nolan.
art by edwin devril
21
what the dating app you use to procrastinate says about you OkCupid
Tinder
The adorable mum-friend. You objectively make the best throwback playlists in the group. You love love and have somehow been convinced that Bachelor in Paradise actually showcases it. You’ve been planning your wedding since 2002 and your first dance song will inevitably be Jason Mraz’s ‘I Won’t Give Up’. You always bring dessert when you’re invited over for dinner. You loved Health Law.
You’re the basic one of the group. You print your study notes out in black and white and highlight the titles to save on colour printing. You love Gorman, but own way more CottonOn. You UberEATS Messina when you’re studying. Your favourite subject was Contracts, and yet you still don’t know the difference between acceptance and consideration.
Happn
The chaotic neutral one. You always run away from the group on a night out, but somehow manage to get home safely. You have your parents on Facebook AND Snapchat (thank god they don’t know what a story is). You start writing essays the night they’re due and then realise submission time was 12pm. The last time you HD-ed a law subject was FAL, and that was only because the tutor thought you were someone else.
Bumble
Toffee
Hinge
Righter
The wholesome but frantic one. You always try to introduce new slang into the friendship group but it rarely works. You stop to pat every dog you pass on the street, even when you’re running late to work. You’ve spent MANY hours trying to figure out how to subtly ask your crush their time of birth. You say you loved Evidence but all you can remember was how nice the lecturer’s voice was.
The semi-reformed(?) privileged one. You get dressed up to study because 'it puts you in the right mindset'. You buy a new set of highlighters each exam season. You volunteer your place in Sydney for big parties, but the beach house in Callala is reserved for VIPs. You HD-ed Lawyers Justice and Ethics but can’t wait to join the ranks of the corrupt corporate sell-outs (as long as you don’t f-up your clerkship).
The go-getter. You were the first to have a proper job in the friendship group. You always seem to ‘forget’ to take off your APS lanyard when you go to classes. The last time you went out on a Thursday night, you ran into a younger sibling’s friend, hid in the bathroom for twenty minutes and cried off home with the excuse of 'I have work really early in the morning!' You put 'just looking to expand my network!' on all your dating profiles. You actually enjoyed Corps. Weirdo.
The friend who needs to do better. You think PewDiePie is unfairly criticised; 'It’s obviously satire, guys'. You teased your mate for doing Law and Sexualities but decided to do it the next sem because you heard it’s easy and still asked for their notes. You stressed about the bell curve way too much, but now complain its removal has 'lessened the quality of the ANU Law Degree'. No one knows your favourite subject because you change it depending on which firm your aspiring to that week.
Elisheva Madar.
art by jenny thompson
22
toffee: because nothing is sweeter than the demise of the working class This is it. The beginning of Armageddon. With the creation of the new dating app 'Toffee,' the bourgeois are at the brink of class war victory. This is the closest the proletariat has ever been to defeat, to being trapped forever as a cog in the capitalist machine. Like bread without yeast – never to rise again. Unless… we take our final stand- Viva la revolution. So, what is this dreaded app that has destroyed the world? Toffee - Tinder for private school. And in order to ensure that no poor person may ever approach this ivory tower, there is rigorous testing to ensure that you actually are one of the elites. They will ask you questions only the rich could answer, like 'What’s your favourite four course meal?' (and you better use the words caviar and truffle, or else). They ring your high-school principle to confirm attendance. They check the balance of your trust fund. You may be wondering 'how could the creation of one app have so much power?' The answer is simple. There is now absolutely no reason for the rich to ever again engage with the poor. Never again may they accidentally stumble upon a lower class pleb on Tinder and accidentally fall in love, thus marking the beginning of the mating ritual known as the 'deconstruction of the stratification of society.' Now, the only interaction between rich and poor will be through buying coffee on campus, where the wealthy giggle at those who must work to afford housing. 'Not I' they chortle, 'daddy bought me my share house and I just rent out the other rooms to friends for pocket money. I would never dare to waste hours to earn a pittance.' The true terror of this app is that some of the subjects are unaware. Unaware that they are now complicit in the oppression of the masses. They think they are simply finding the one, but instead, they are finding the one percent. This reporter decided to interview some of the users of this app to learn more. 'I was drunk and my mates said it looked fun.' Gregory, 26, Judge’s Associate (the judge is his god-mother). 'I didn’t expect to fall in love, but then I met Clarissa, and everything changed. She’s just everything my parents would want. Boat license, rower and owns her own ski resort. We are just so compatible.' 'It’s just a joke, some fun.' Tiffany, 22, Burgmann, Northern beaches, 'I would never use it seriously, I just think it's funny.' It’s not funny Tiffany. The entrenchment of the class system is no laughing matter. With the normalization of this app, the apocalypse has officially begun. The doomsday clock is ticking. This reporter calls on you, the readers, to bring justice into your own hands. Next time you see a friend, post-break up, on their new iPhone 11 and jokingly looking for an age appropriate sugar daddy (even though they’re swimming in sugar as it is) - you smash that phone onto the ground, crush it beneath your heel, like you crush capitalism itself. Remember reader, you have nothing to lose but your chains.
Bec Kriesler.
23
w
kimoNO
World’, ‘Kimono Body’ and ‘Kimono Intimates’ meant that the general application of the word ‘Kimono’ is severely restricted. This was always an unreasonable request, given that ‘Kimono’ is a Japanese word and has literally nothing to do with shapewear. Is it cultural appropriation at all? This is not the first time Kim Kardashian is in the line of fire for cultural appropriation. In 2018, she got called out for wearing ‘Fulani Braids’, a West-African hairstyle, when she claimed that they were actually inspired by the actress Bo Derek. Her new brand name goes beyond any of her regrettable fashion choices because of the way she has failed to understand the historical context and important value the word holds for Japanese people. Although many associate Kimono as merely a sleeved robe, the word is far broader than you would think. It’s dictionary definition would be considered as ‘something to wear’ but there are numerous categories of kimonos, all holding different cultural significance. They are often reserved for culturally and personally significant occasions, and carry great symbolic meaning depending on when and by whom they’re worn. From Kim’s perspective, the established Japanese values do not translate into her life nor do they hold the same significance in America. Hence, why the approval seemed so innocent.
A Kardashian in the news again? Not shocking. A Kardashian ignorant to the world around her? Also not shocking. Throw those two things together and you’ve got yet another instance of cultural appropriation, brought to you by the one and only Kimmy K.
To put it in an Australian context, it would be like if Kim tried to trademark ‘avo’. Although this would not be as significant culturally, avocados don’t hold a genuine history of cultural significance (as much as some of us millennials might think), it would still feel wrong for an American with no understanding of the context to trademark the colloquialism, thus putting severe restrictions on how we could use the word.
Kimono Solutionwear is Kim’s latest business venture, something which has apparently been in the pipeline for over 15 years. Her vision aims to provide an alternative to spanx and make shapewear, affordable and comfortable, so that all those booty shorts can be worn with nothing but self-respect. While a gal will rarely say no to making her tummy smoother, Kim’s journey towards trademarking her brand name has been nothing but bumpy. Her requests for ‘Kimono
With ‘Keeping up with the Kardashians’ airing in almost every country, it is safe to assume that there is a Japanese audience watching their every move and for a population of 126 million, it is doubtful her latest brand name was anything but offensive.
24
Will she ever learn? After trademarking ’Kimono’ and notifying her audience that the shapewear was soon to be launched, the name received enormous backlash. Two months later, Kim Kardashian changed the name to to SKIMS Solutionwear, after supposedly listening to her fan base and being ‘grateful they shared their ideas’. This change of heart seems in very little way motivated through a sudden awakening of her moral compass but rather through media and fan pressure. There was no rationale for her picking kimono nor was there any apology. I don’t believe she was thinking about anything more than the profit margins and her cultural currency. .
Engaging with different cultures should be something that is encouraged. Just because you go to Japan, take a picture in a Kimono, does not mean you have appropriated someone else’s culture. But it is really what you do with this photo and if you have any understanding of what this garment may mean for somebody else. Kim did not only use the name with narcissistic intentions but then had the audacity to restrict its use. But this leads onto so many other blurred lines as to when is it okay for a commonplace name in another country to be okay to be used in a completely different context? If the word holds little significance to a different group of people, does this mean it is more easily trademarked?
Kim had every opportunity to understand that there was going to be an entire country who would not be thrilled with her decision, but had to go through with it for the purpose of her empire. This brand name had to go through several levels of bureaucracy. Whether it be her PR or marketing team, the name was researched, formulated and approved, all for the sake of having the first three letters of her name in the brand! This speaks volumes. Kim never had a problem with the name until other people pointed it out. It is easy to argue that maybe she did not know and one of the aims of trademark law is to protect the reputation of the company and goodwill of the trader. This is a classic case of where the law is one step behind societal expectations because here the words were trademarked without issue. Who is to blame? Who knows? Maybe she will found at the end of her law degree
Aamina Sultanbawa.
art by aamina sultanbawa
Upon reflection Kimono solutionwear brought to our attention that navigating the minutiae of cultural appropriation is becoming an increasingly difficult situation to navigate. 'I didn’t know' might have passed as an acceptable excuse potentially pre-2010 but in 2019 you really do have to be living under a rock not to associate ‘Kimono’ with Japan. Kim Kardashian only changed the name because of social pressure and this might comment on society’s growing awareness of different cultures and how important it is to protect traditions when a clear boundary has been crossed.
25
the horoSCOPE of the legal issue Aries You will find it hard to let go of your Club Lime membership, but you need to admit that you never went and that’s not about to change. You barely wash up your plates within the 24 hour housemate rule (yes, they’ve noticed). What possessed you to think you’d be organised enough to bring two outfits to uni? Committing to going to the gym was just as unrealistic as ANU’s original renovation time frame.
Libra You will be asked about negligence in a clerkship interview and promptly forget the name Donoghue v Stevenson, referring to it only as 'that snail case' and ask your interviewer to crack open a cold one with you. If only you hadn’t neglected your interview prep. Scorpio You will use the fact that mercury is in retrograde to justify your chaotic lifestyle, meaning that you did not actually write your own Evidence notes. Unfortunately, the stars do not align for you here, as the old notes you brought into the exam are based off the Canadian Evidence Act. You fail, but have a promising career in Canadian criminal law.
Taurus Although you may be a bull, you better not be relying on bull-sh*t to get you through this exam season. The future transit of Jupiter shows the path ahead is filled with $4.50 dare iced coffees, nights at Hancock and dry shampoo. Better buckle down if you’re ever going to graduate. Gemini You will find your true love, an astrophysicist, and promptly inform him you are a Gemini. Oh, honey, even your rising sign can't save you from this one. And you can't even sue for defamation, because you actually did say that dumb shit.
Sagittarius Wanting to be a criminal lawyer is not a good enough reason to commit a crime. Believe it or not, it may actually hamper your ability to practice, instead of giving you an ‘inside look’ at the system. So next time you are thinking about whether you would steal a car, a handbag, or pirate a video, think twice.
Cancer Contrary to popular opinion, being overcommitted is not a personality, Cancer. Although, it is a great way to get a job. Say goodbye to your friends and loved ones, your only relationship is with your work now, and she’s one needy bitch.
Capricorn This may sound capricorny but today is your day! The tide is changing and things are finally looking up. Ask out your crush! Join the public service! Seize the moment! Or better yet, seize the means of production!
Leo With Mercury in Gatorade, you may feel like you’re travelling through uncharted romantic territory. Google Maps can’t help you now, you’ll have to find another landmark. Sex shops. Turns out, the true uncharted romantic territory was Fyshwick all along. You’ve just arrived at bouldering. Serves you right for lying about loving the outdoors on Bumble.
Aquarius You may be waiting for the perfect moment to proceed with a plan. It would be ideal if you had all the resources available. But alas, with Venus rising, you drew the short straw in the International Law moot and now you have to make a policy argument against a three time Australian debate champion, with absolutely no solid law to back you up. Don't worry, international law isn’t real anyway...
Virgo The lecturer being attractive is literally your only motivation for getting out of bed. But you know what, power to you. Let the dulcet tones of Jo Ford be your ASMR inspiration. You are 100% that bitch, and if it means going to class, all the better.
Pisces True to your vibe, water sign, you will consume a high volume of liquid around October. Unfortunately, this liquid will not be water. An expected moon around Uranus may lead to further study delays when you are arrested for exposing yourself outside moose.
Bec Kriesler and Zoe Saunders.
art by georgia niederer
26
HIRAC relationship Heading: Sexually Transmitted Feelings Issue: What to do if you catch feeling for your f**k buddy? Rule: Nothing good happens after 4am! Facts: You and a friend decide to enter into a friends with benefits arrangement after listening to too much Lizzo and forming the misguided opinion that you are a bad bitch and won’t catch feelings. You catch feelings. The boy only ever messages ‘u up’ or ‘cum over’ at 4am after a hectic Thursday night trying to hook up with college girls. If you try to strike a conversation about anything other than the lingerie you bought he seenzones you. The only response you ever get is ‘but what if I was there? ;)’. Do you drop the arrangement? Precedent: Per the judgement in He’s Just Not That Into You, if he wanted to talk to you, he would have done it at a reasonable hour. What self-respecting millennial doesn’t take their phone to the loo? If he’s not messaging you, you are not a priority. Application: A leopard never changes its spots and neither does a fuckboi. Go on a wholesome juice cleanse and find someone who will appreciate the queen you are. If you do continue, don’t expect any ‘emotional’ growth. Conclusion: A reasonable person in this situation would get the fuck out.
Heading: Friends That Sleep Together Stay Together Issue: What to do if your friend has slept with the same person as you? Rule: If it ain’t broke, don’t fix it. Facts: You sleep with a random after a night out at Moose. A few weeks later, your friend sleeps with the same person. Both you and your friend are unaware that you have slept with the same individual until the next fortnightly brunch, when after discussing your latest romantic shenanigans, you find yourselves staring at the exact same Facebook profile on each other’s phones. Precedent: Per My Best Friends’ Wedding, friends can literally get through anything. Liking the same person is fine, as long as you communicate and respect each other. Application: Remember for both of you this was most likely a one-night stand, so it probably did not mean all that much. On the other hand, if one of you actually wants to make the interaction part of a regular roster, then ypu'll have to talk it out. More than anything you have a unique experience that not many friends have! Conclusion: No damages awarded, only bonds(age) for life.
Aamina Sultanbawa. art by zoe saunders
27
in search of the flattest flat white
Hi, my name is Toni and I’m a coffee addict. (Audience: “Hi Toni”) If you, like me, are a later-year law student, then you, like me, probably know someone whose caffeine addiction got to the point where they needed to pop a No-Doz before they could sleep at night (you know who you are). I know many of you would consume your caffeine intravenously if you could. This dependence can lead to reasonable indifference about the form of your caffeine intake, whether it’s after a fifteenminute wait at Grounds or at 3am from the Maccas drive-thru. Alternatively, it can lead to being way, way too informed about coffee, and turning into a full-blown coffee snob. To the annoyance of my friends, I have fallen into the latter category. Like any other coffee-snob, I love a flat white. For me, the most important thing is that I like my coffee flat. Very flat. After receiving yet another frothy coffee I pondered how I could avoid this fate in future. I concluded that a sacrificial lamb was needed. One law student to take one for the team. To take it upon herself to selflessly drink fourteen cups from each fine, caffeine-providing institution on this campus/building-site. And then, to impart that wisdom onto others. I am that law student. And thus I present to you: A comprehensive analysis of the flattest flat-white on campus.
Fix (ANU Union)
The Coffee Grounds
Unfortunately, I wasn’t able to take a photo immediately upon receiving my coffee, so I do acknowledge that it may have frothed up a little. Nevertheless, I would say it was rather frothy for a flat white. Certainly no means the worst offender I’ve come across, but nevertheless veering towards the latte side of the coffee-froth spectrum. Flatness: 5/10
Ah, Grounds. The campus classic. Probably the only place on campus that prides themselves on their coffee enough to put decent effort into their latte art. Does this come at the expense of flatness though? I’d say potentially. I love ONA beans as much as the next coffee snob though, so you know I’ll cop those crazy lines. However, at an extra 50c for a large compared with the campus average, these guys can definitely do better (read: flatter). Flatness: 6/10
Kebaba
Let’s cut to the chase: this is not a flat coffee. Not at all. It’s probably still a good coffee for all of the latte drinkers out there (maybe unexpectedly so for a kebab shop), but at the end of the day a latte – no matter how good – does not a flat white make. Flatness: 2/10
Atticus
Full disclosure: Atticus is absolutely my favourite coffee spot on campus. Located in the CBE, you can have AS MANY SHOTS OF COFFEE AS YOU LIKE for just $3(!!!!!) as long as you bring a keep cup. Genius. Amazing. Such value.So good.
28
Ottos
But I digress. The question at hand here is merely – how flat? The answer? Very. Definitely not a latte. Flatness: 8/10
This review has truly started throwing up the curve balls. Just when I was absolutely convinced I’d found a winner in Craft Beans, Otto’s have really impressed me. Although maybe not quite as tasty (in my view) they are absolutely on par in terms of flatness. Another very solid flatness recommendation! Flatness: 10/10
As You Like It
Is it on campus? No. But they do their entire breakfast menu for $10 on Tuesdays and provide a student discount for coffees so you know that they count (my editor queried whether it was a good idea to tell you all about this but I am nothing if not a selfless reviewer). In any case, it’s a reasonably flat coffee! That’s about all it has going for it though I’m afraid, as it is neither particularly tasty nor a great serving temp. Alas. The sacrifices we make to be caffeinated while having cheap brunch. Flatness: 7/10
La Baguette (Art School)
This coffee is like being given a cheesecake when you ordered a lasagne. Like, sure, I love cheesecake, but it’s not what I wanted right now. I’ll take the tasty caffeinated goodness that this coffee is giving me, but it’s not a flat white. Flatness: 5/10
Gods Hedley Bull
Rex
For a long while, I thought these guys were going to be the winners for the flattest coffee on campus! Although, I personally do think a mocha is the best coffee you can get from Gods Hedley Bull (their chocolate is SO GOOD), I am extremely impressed with the flatness technique they presented in this coffee. Of course, they tend to also be a bit bitter/not overly tasty. But that is not the subject of this review. Definitely a top contender if you’re pursuing a flat coffee! Flatness: 9.5/10
Who knew there were this many coffee places on campus? I’m very overwhelmed and still not done. Nonetheless, we have another reasonably solid coffee in Rex. While it definitely does an okay job at ticking most of the boxes you’d expect a coffee to tick, with such strong competition nearby I find it hard to recommend this one for those of you chasing an actually flat flat white. Flatness: 6.5/10
University House
My editor bought me this coffee because it’s been six months and I still haven’t finished this review (I’m sorry). This coffee is also a prime example of looks can be deceiving. I am extremely impressed with the flatness on this one! Although I still don’t know where University House is, I know I can recommend it to you for a flat coffee! Flatness: 9/10
Badger
For a coffee from a pub, I am extremely impressed! Although she mightn’t have the looks, she’s definitely a 10/10 personality wise – great taste, temperature and flatness. Well, not a 10/10 on the flatness. Definitely more than the standard 5mm that one would expect on a flat white. But hey, who’s counting? Flatness: 8/10
Little Pickle
Milligram
I’ve been dragging myself out of bed for 8am tutorials in Hancock all semester and have only just popped next door to check out Little Pickle. Was it worth my time? Eh. I understand sometimes flatness comes at the expense of art when having a dine-in coffee, but this drink provided neither. Definitely a middle of the road coffee to go out on. Flatness 7/10
This is a special review from guest taste tester: Bec Kriesler. Her qualifications include having drunk 6 coffees before switching to espresso martinis. Verdict: not the flattest. You can definitely appreciate dem curves. However, still not an oppressive, in your face foam. These coffees are a solid op. They are smooth and, like you after four $2.50 basics on the moose D floor, go down easy. Flatness: 6/10
Craft Beans
Okay, okay. My editor is a sceptic that this can be a 10/10 flat coffee with latte art. But flat whites are not required to have zero foam. Technically, they can include up to 5mm of the stuff (as opposed to the latte’s frothier 15-20mm). An expert barista can be artful with 5mm of foam. And while I know I said Atticus was my favourite coffee on campus, Craft Beans is a solid contender. They even come with a little biscuit! What more could you ask for. Flatness: 10/10
Toni Mathers. art by georgia larsen
29
how to navigate tinder Choosing your pictures: Rule #1: Your first picture should always be a solo pic. People are time poor and if someone swiping can’t figure out who you are quickly, odds are they are going to swipe left out of laziness. The only exception to this rule is if the other people in the picture are clearly not you. For instance, because they are of the opposite gender (unless you have an androgynous name and swing both ways, you can say Bi to that match), or because they are a child or a pet. Pet pictures are a gold mine because no matter how uninspiring your looks or bio are, people will always be drawn in by the promise of meeting a cute doggo. Conversely, no one really gives a shit about the fish that you caught (looking at you, very bland white men). Rule #2: Variety is key Your pictures should have a variety of people in them. If you have 5 photos and in 3 of them you are with the same person, it’s hard to figure out who you are. Also, it looks like they’re an ex or you don’t have many friends. Variety is also key to activities and outfits in your pictures. You want to show the different facets of your personality. If all your photos include beer or the gym, it reduces you to that single aspect of your personality. Similarly, you always wear a suit or go shirtless in your pictures you either look uptight or like a complete fuckboi/girl. Rule #3: Make sure your face can be seen You may as well just not include a picture instead of including one that is so blurry your face can’t be made out. It is shocking how many people forget that the purpose of a picture is to help people figure out what you look like. Common errors are pictures taken from really far away, wearing sunglasses in every picture, horrible lighting, or pictures so pixelated that they look like they were taken on an early 2000s webcam. Also, framing. If you have taken a selfie with only half of your face in the picture it looks like you’re either trying to hide something or you don’t understand how to take a picture. Also, if all your pictures are selfies, you look like you don’t have any friends who like you enough to take your picture for you. If this is honestly the case, learn to use a self timer.
Given the prevalence of dating apps amongst our generation, it is surprising how many people have no idea how to successfully use them. This guide is not the holy grail of Tinder, and I can’t guarantee that it will get you pussy for days, but it should help you avoid making the most common Tinder blunders.
30
Rule #4: Weird faces/gestures
Also, don’t call people exotic, or describe them using weird words like chocolate. They are humans, not food or some weird fantasy.
There’s not much to say on this one. If you pull ‘funny’ faces or do ‘shakkaz’ or flip the finger in every picture it seems like your entire personality. Sure, people want to know that you are funny and relatable. They also want to know that you can carry a conversation like a normal human being.
Rule #2: Keep it open ended If you start the conversation by saying ‘Hi’ there’s really not much to respond to. There are lots of ways to start a conversation, ask about something in their bio or pictures or ask a funny joke. The key here is to give someone material to respond to and also a motivation not to just ignore your message.
Writing a Bio: Rule #1: Write one Unless you are only interested in sex, you need a bio. In fact, even if you’re only interested in sex, I would still include a bio. People are attracted not only to muscles but to humour, intelligence and a variety of things that contribute towards sexual chemistry. Also, you’re competing with other people on Tinder. In a weigh up between your muscles, and someone else who also has muscles but in addition has a personality, the other person is probably going to win out.
Setting Up a Date:
Rule#2: Keep it short and snappy
If by the end of this article you are feeling very overwhelmed, don’t. No one has this stuff figured out and ultimately, all that you need to do is be clear about who you are and the rest will follow. Worst case, try Tinder in Sydney or Melbourne, there are way more options there! Protip, that private school only dating app has very low standards of verification. If you’re gonna go on bad dates, at least get them paid for..
Setting up a date as soon as possible is key. Studies show that the longer you talk online the less likely you are to meet in person and when you do you are less likely to have a good date. This is because the longer you guys talk the longer you, or the other person, has time to psyche themselves out of meeting up, and the less things you have to say to each other in person.
You don’t need to include your whole life story in your bio. You can talk more after you match and no-one has time to read about your relationship with your mother. Rule #3: Try and be somewhat original It doesn’t have to be a masterpiece but if your bio says that you love travelling, your friends and food, you come across as pretty basic because almost everyone likes those things. Additionally, bouldering is cool, but it’s not a substitute for a personality. Starting a Conversation: Rule #1: Do it! If you like them, why wait? Rule #2: Don’t be a dick/creep If you open with a page long extremely graphic sext or ‘come over’, chances are someone will be grossed out or you’ll come across as desperate. Wait a few messages. Don’t fetishize people. Don’t ask me how to pronounce my name. For one, it’s hard to explain over Tinder and for two I wouldn’t ask you how to pronounce John? If you need to know, ask me when we meet in person.
Sharmila Jordan-Mee. art by jenny thompson
31
an app-le a day keeps the doctor away – or does it?
With one of the highest smartphone penetration rates in the world, behind only Norway, South Korea and the Netherlands, there isn’t much Australians aren’t doing once they reach into their back pocket. Between messaging, social media, music and video streaming, emails, and the occasional game of Jetpack Joyride®, the sheer amount of data is enough to put anyone into a head spin.
the health system in Australia in 15 years’ time shifting fundamentally from disease management to disease prevention. In particular, the report emphasised the importance of precision medicine, an approach to healthcare where disease treatment and prevention is highly customised for an individual based on their genetic profile. For example, preventative genomic screening, which is used to determine whether an individual has a higher susceptibility to a particular cancer based on variations in their genes, could be a transformative change to healthcare if widely adopted.
While this has led to an increased uptake of digital health tracking, technology needs to be capable of enabling positive health outcomes that go beyond telling you how many hours of REM sleep you got last night. Increasingly, people want access to healthcare solutions that are faster, cheaper, personalised, and more convenient. However, of the 73% of Australians seeking access to health services online, only 6% manage to find a source they can trust (Australian Digital Health Agency). Unsurprisingly, WedMD just doesn’t cut it.
Indeed, screening everyone’s genome would carry higher upfront costs, and the proportion of the population where the risk of cancer has been increased by a gene variation would be relatively low. Arguably, this would still fall below the financial burden of treating a late-stage cancer, but there are still a number of ethical, legal, and evidentiary challenges that need to be overcome before this becomes viable. As both technology and health policy evolve, opportunities to harness data—be it through online Google searches or the use of genetic information— will change the way that we think about the provision of healthcare. In the meantime, we may have to continue booking in those doctor’s appointments.
Regardless, consumers are still accessing information online relating to their health problems, often walking into the clinic with preconceived diagnoses and expectations of treatment options. In some cases, people might even decide to forego face-to-face medical advice entirely if they deem their own research sufficient, increasing the likelihood of misdiagnosis and mistreatment. This highlights the need for regulation of health apps, a function that is being performed in some cases by the Therapeutic Goods Administration (TGA). Certain types of software already meet the definition of a medical device and have regulatory approval in Australia, such as smartphone apps that can calculate your required insulin dose based on your blood glucose levels. However, apps which are simply sources of information or tools to track your lifestyle do not meet the TGA definition of a medical device, and so are not regulated.
Waheed Jayhoon.
Recently, CSIRO’s Future of Health report envisioned
Waheed Jayhoon is a Policy Officer at the Department of Health. All views are his own.
32
which famous lawyer are you?
bit of a big name on campus has a hot bf always prepacks their lunch for a day at the library
wears a lot of cologne never makes their own notes orders UberEats too much
got 7 clerkship offers sassy af actually really emotional
resting bitch face perfect 7.0 gpa has a side bae
is vegan but eats chicken nuggets occassionally has a lot of stickers on their Mac. was the first in the group to buy a keep cup
parent of the group been known to exceed the word limit on an essay actually likes the taste of whiskey
Georgia Sprivulis.
33
art by georgia larsen
snitches (no longer?) get stitches—the recent changes to whistleblowing policies are long overdue, but are they enough? Mehar Chawla. art by anonymous Following the Banking Royal Commission, the regulation (or lack thereof) of corporate entities has dominated the public discourse, revealing systemic failings within legislative structures and government regulatory authorities. Corporate misconduct costs Australia over $8.5b. per year and comprises 40% of its total crime,1 not to mention the loss of faith in corporate culture. Although whistleblowing did not occupy the limelight as much as other issues, it is an area in which reforms have been long overdue. The abstruse, and often clandestine, nature of corporate structures render internal whistleblowing one of ‘the most effective means to expose and remedy corruption’,2 as those associated with the company are most likely to witness misconduct firsthand. The recently passed Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (‘the Act’) finally acknowledges this fact. The reality is that Australia’s financial regulators—the Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulation Authority (APRA)—are ill-equipped and over-burdened, unable to deal with the ubiquitous corporate misconduct which pervades Australia’s private sector. Alongside this, we have a system which not only fails to facilitate whistleblowing, but actively persecutes those who ‘blow the whistle’ . The Act amends parts of the Corporations Act 2001 (Cth), the Taxation Administration Act 1953 (Cth), the Banking Act 1959 (Cth) and the Insurance Act 1973 (Cth), in its creation of a single whistleblower regime designed to cover the corporate, financial and credit sectors.
Indeed, this is significant in itself—having a consolidated regime makes information more accessible, as well as more legitimate. More importantly however, the Act modifies Australia’s previous treatment of whistleblowers and the whistleblowing process—a regulation that has long been deemed inadequate when compared to international practice and our domestic public-sector frameworks.1 The major changes are as follows: pecuniary penalties for breaches have been increased to amounts which might actually fulfil their purpose as a deterrent; the criteria of who qualifies as a ‘whistleblower’ and the types of disclosures which can be made have both expanded; bodies who have authority to hear disclosures has been increased and there is a requirement for companies to have their own whistleblowing policy. Importantly, the law also increases the protections of whistleblowers, which can be said to demonstrate an emphasis on improving corporate governance and culture. Previously, whistleblowers faced extensive backlash if they did not satisfy the multitude of strict criteria before making their disclosure, including the onerous requirement of making a disclosure in ‘good faith’. This duty to act in ‘good faith’ means to act ‘honestly and reasonably’—a rather unhelpful definition consistent with the tendency of legislative language to be vague and indeterminate. Ostensibly, this requirement was a safeguard against disclosures which could be vexatious in nature or made without absolute confidence.
1 Explanatory Memorandum, Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 (Cth).
1 Explanatory Memorandum, Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 (Cth). 2 Simon Wolfe, ‘Breaking the Silence: Strengths and Weaknesses in G20 Whistleblower Protection’ (2014).
34
However, its interpretation placed greater emphasis on the ‘motive of the whistleblower, rather than the veracity of the disclosure’.1 The dominant purpose of the disclosure had to be the public interest. If there were a possibility of the whistleblower benefitting from the disclosure, they would fail to satisfy the ‘good faith’ requirement and thus be denied the relevant protections. The result is a ‘fate you wouldn’t wish on your worst enemy’,2 including financial, legal and social reprisal. Whistleblowers were often threatened, derided, ostracised and as a result, discouraged from speaking out against malfeasance. The Act removes this ‘good faith’ requirement, increases the eligibility of potential whistleblowers, provides more avenues for reporting and offers the protection of anonymity if they so desire. Perhaps most significantly, the law obliges all public companies and large proprietary companies to implement their own whistleblower policy (The Act, s1317AI). The policy must include information about whistleblower protections, criteria for eligibility, and the means by which the company will support whistleblowers and investigate their allegations. Given the historical inadequacies in the whistleblowing regime, this requirement will be beneficial for all parties. First, effective internal means of redress would mean less of a legal, financial and emotional burden on the whistleblower, who would otherwise be forced to seek out much more cumbersome external avenues. Second, companies having their own whistleblowing policies acts as a public endorsement of whistleblowing as a legitimate institution. These are all important steps in improving not only corporate culture, but wider societal perceptions in regard to ‘snitches’. There is an argument that the legislation does not go far enough. In its attempt to provide companies with flexibility, it mandates the creation of a ‘policy’, not actual processes and procedures to facilitate whistleblowing. Policy is not legally enforceable, can be easily changed, and should not be seen as a substitute for concrete legal obligations. Resultantly, the effectiveness of a given company’s policy will be dependent on the nobility of their management and their commitment to good corporate governance.
For those of you who are sceptical of profitoriented companies regulating themselves out of the goodness of their own hearts, note that there is still one safeguard: public perception. A company’s first priority is always to maximise their shareholder returns. Developing a clear and comprehensive policy—one that demonstrates a ‘commitment to ethical behaviour’,1 will be advantageous to a company trying to uphold shareholder expectations or restore a damaged public image. Moreover, the increased protections given to whistleblowers in the Act, as well as the increase in penalties associated with breaches, provides companies with an incentive to resolve matters internally. An effective internal mechanism to process disputes and disclosures reduces the risk of dissatisfied whistleblowers taking matters to regulatory bodies or the media. Ultimately, it is hard to predict the effectiveness of this Act in actually reducing the rates of corporate misconduct and holding private sector crime to account in the same way as other crimes are. The success of internal whistleblower policies will be heavily contingent on how comprehensive and accessible they are, and how well ASIC and APRA can handle the increase in the volume of disclosures that will likely ensue following the Royal Assent of the Act. While the Act’s future legal effectiveness may be suspect, there is no question that it will have a normative role in changing attitudes towards whitecollar crime. A more transparent corporate world where snitches do not ‘get stitches’ is not only more ethical, but will hold companies accountable to the public alongside shareholders. At the very least, this Act signals what can only be described as a long-overdue shift in the government’s acquiescent attitude toward corporate crime.
1 Olivia Dixon, ‘Honesty Without Fear? Whistleblower Anti-Retaliation Protections in Corporate Codes of Conduct’ (2016). 2 Christopher Knaus, ‘Corporate Whistleblowers ‘Desperate’ for New Protections (The Guardian).
35
1 Sulette Lombard and Vivienne Brand, ‘Corporate Whistleblowing: Public Lessons for Private Disclosure’ (2014).
inherited wealth will never own property. Ask them about their property portfolio. Guilt them into giving you employment.
how to ACE these four grad job interview questions
Where do you see yourself in ten years’ time? What not to say: You might be tempted to say that you see yourself working six casual jobs and paying off a fifty-year mortgage on an outer city car park. This will tell the recruiter that you are severely lacking in a ‘can-do attitude.’ What to say: Abruptly jerk your head up, widen your eyes and stare vacantly into space, without speaking, for approximately twenty seconds. When you are done, give a dramatic shudder and possibly a gasp to add a bit of flair. Then, in a hushed voice, inform the recruiter that in ten years you will be storming down the streets of Sydney, yelling at an intern about how they got you the wrong kind of coffee and working for one of the company’s direct competitors.
Winter is a time of year characterised by glittering morning frosts, leaves drifting listlessly across the still waters of Lake Burley Griffin and the existential screams of law students preparing their grad and clerkship applications. Allow me to ease the stress by providing you with some foolproof answers to the questions that a recruiter will inevitably hurl at you at some point this year.
Do you enjoy working with others? What not to say: The moment this question is asked you are probably going to experience a dramatic series of flashbacks to the various group assignments you have endured over the years. There was the girl who announced that the messages from the group were creating ‘negative energy’ in her life and she would therefore be undertaking a social media cleanse for the duration of the assignment. The RMs-wearing Northshore guy who contributed absolutely nothing but confidently read out other people’s notes during the class presentation. That one time you all liked each other, communicated well and worked very hard only to somehow end up with a 60. The crucial thing here is to push all of this trauma to the back of your mind and launch into a rant about all of the positive aspects of teamwork.
What is your biggest weakness? What not to say: On its surface, it seems like there are only two possible paths to take with this question. You can lie, say that you ‘care too much about work,’ get written off as insufferable, and probably deserve it. Alternatively you can launch into a long tangent about your crippling sense of inadequacy and lifelong fear that you’ll never accomplish as much as your older sibling, as the interviewer’s finger subtly edges towards the emergency button under the desk. Needless to say, neither choice is a good one. What to say: Sidestep the interviewer’s underhanded attempt to force you into a corner of self-reflection by sitting up straight, maintaining eye contact and confidently responding with ‘I’d have to say that my biggest weakness is fire.’ If they ask you to elaborate, double down with a prepared discussion about how you like to overcome your weaknesses by carrying a fireproof poncho with you wherever you go. They’ll be amazed.
What to say: You love teams! You don’t have a weird need to compare yourself to others which was probably brought on by your helicopter parents and extreme level of emotional investment in the ATAR system as a teenager! Teams are GREAT. The law school’s bell curve system has done LOADS to prepare you for positive collaboration with others. It’s fine. Everything is fine!
Can you tell me about a time that you failed? What not to say: The tricky thing about this question is not that you don’t have an answer. Let’s face it, you’ve failed at a lot of things. You failed at maintaining a work-life balance, at staying in touch with your friends from high school whom you promised to ‘call every week,’ at actually putting up your hand and providing a coherent, correct answer to a tutorial question literally once throughout your entire degree. The secret here is to come up with a good failure.
With these simple psychological tricks, you’ll breeze through the interview! Don’t forget to greet everyone at your assessment centre with a death-grip handshake that screams ‘help me’! And most of all, remember to memorise a bunch of stock answers from clickbait Linkedin listicles because that will definitely make you appear effortless, well-hydrated and confident.
What to say: You’re looking for a failure where you didn’t actually do anything wrong. For example, you failed to impress the landlord in that one property inspection because you failed to agree to buy him a new dishwasher. If the interviewer asks what you learned from your failure, launch into a long rant about the inherent and debilitating power dynamic between renters and landlords created by artificial scarcity as the result of boomer investment property practices and the likelihood that most young people without
Caroline Dry.
36
animal-human hybrid: let’s not monkey around In July, Japan’s government approved stem-cell research and experimentation that would involve inserting human cells into animal embryos to create animal-human hybrids. This isn’t an isolated incident. In August it was exposed that a researcher in China was making human-monkey hybrids in secret. Globally, this is a live issue and depending on ethical and legal considerations, may become more widespread. The value in this research is obvious. Firstly, this would allow for ‘xenotransplantation’, meaning it would be possible to grow completely functional human organs inside animals. Eventually these organs would be used in human organ donation. Furthermore, the educational opportunities are unparalleled. This research would provide a unique opportunity to develop our understanding of evolution and the functioning of the human body. However, these experiments aren’t merely limited to growing pancreases or organs. There is also experimentation about inserting human biology into animal brains. In 2014 scientists created mice with human astrocyte cells (these being human brain cells that regulate the transmission of electrical impulses within the brain). There is also experimentation on the brain composition of monkeys, who are far closer to humans on the evolutionary spectrum. While the benefits to humanity are obvious, a number of moral quandaries triggered. The first is the idea of animal cruelty. Although given the meat industry, this doesn’t seem to be something humanity cares deeply about. However, this moral calculation may change when these creatures become human adjacent. A monkey with elements of a human brain may have the self-awareness to realise its own plight and impending death. For some, there is no question that our ethical priority should be improving human lives, while for others, it is our empathy for others that makes us human, and is therefore the more important consideration. Regardless of whether this experimentation proceeds or is banned, the repercussions for humanity are vast. The only thing that is clear is that these are questions we do not have the luxury of turning a blind eye to.
Bec Kriesler. art by ali smith 37
the ten types of twenty-something men a n a l y s e d by t h e i r c h oi c e of d r i n k
Gin and tonic: Meet Kelvin. Kelvin has Gucci sneakers and loves a dart. Kelvin will come and try that new ramen place with you. Your mum will love Kelvin. Kelvin is a savage gossip with no boundaries. Merlot: Meet Andy. Andy did an Arts degree, calls himself a Marxist and might play an instrument (probably brass). Andy had a top knot before they became popular and is annoyed he had to get rid of it when they became mainstream. He mentions this often. Andy has a few badly done tattoos of things like a cigarette or a chili because he thinks they make him seem chill. Andy is often seen scabbing cigarette papers. Andy talks endlessly about his share house, the group chat for which has an ironic name like ‘the girls’. Rosé: Meet Fraser. Fraser probably studies something challenging like medicine or engineering. Fraser wears Birkenstocks and is more than happy to talk about feminism or the environment while simultaneously checking Bumble notifications on his iPhone. Pint of beer (any beer - all beers taste the same , don’t @ me): Meet Will. Will is really into rugby league and has a great anecdote about the morning he woke up after his team won the grand final and he had a tattoo of their mascot on his foot. Will is often seen cockblocking himself by hitting on too many girls in the same club on the same night, which they all bond about in the girls bathroom. Pint of Strongbow cider: Meet Freddie. Freddie is a Brit who has come to Australia before he starts uni and is having a ‘well good time’. Freddie is probably from Essex or Liverpool or basically any other UK city which has a semi-recognizable name but isn’t London. Freddie has a nice accent and would be potentially attractive if he had better style and didn't keep trying to take you back to a shared hostel room. Rum and coke: Meet Joe. Joe loves camping trips with the boys and goes to the gym at the same time every night. Joe smashed out his uni degree in 3 years and has been working a steady job for ages. Joe recently bought himself a Labrador puppy and calls his mum on the reg. Joe is a safe bet. Whiskey: Meet George. George has a rich dad. He also probably has a rich maternal grandfather. Despite his lineage being full of hardworking people who worked hard for their wealth, George doesn’t really do much. While doing his Commerce degree part-time, George claims his neverending source of unexplained income is a result of working ‘for his Dad’. Espresso martini: Meet Liam. As every new semester of uni starts Liam will have a new aesthetic. Liam says he’s moving to Newtown or Melbourne when he’s finished uni but no one believes he will ever leave Canberra. Long Island iced tea: Meet Harry. Harry is only drinking a Long Island iced tea because that was what the group of 18-year-old girls he just bought a round for wanted. Harry is deceptively strong (likely because he’s just 'gotten really into bouldering lately'). Vodka redbull: Meet Alex. Alex says “tune”, “man I love Drake hey” and “you going to Listen Out?” a lot.
Anonymous.
art by zoe saunders
38
“what, like it’s hard?”:
whenever it feels like doing so.
Overcoming Imposter Syndrome in Law School
So, the only thing you can really do when it comes to Imposter Syndrome is find different mechanisms to deal with it. These will be unique to the person, but I found that there were four things that have worked for me whilst being at law school thus far.
Imposter Syndrome n. This is a term used to describe the belief that you’re not worth your success, the feeling of not being smart enough, being terrified of making mistakes and worried about being exposed as a fraud despite one’s achievements and experience. Every single person I have met in my life has experienced one of the above. This includes me. Last semester, I recall sitting in my Public Law tutorial, weeks behind on content, convincing myself that I wasn’t smart enough to be here. It was one of the many instances where I’ve found myself lost in law school and feeling terrified of contributing in my classes.
Firstly, recognising that you actually do have Imposter Syndrome is the key to dealing with it. Like any other mental health condition, you need a diagnosis. But since Imposter Syndrome is not a recognised mental health condition, you’ll have to engage in a great deal of selfdiagnosis (the only time when WebMD is appropriate). So, step number one is actually getting off that high horse and admitting to yourself that we have an issue. Speaking from personal experience, this can often be the hardest step, but also the most important. Now that we have our self-diagnosis, we can move on to developing perspective. As a firm believer in ‘Perspective is everything’, I think one thing that has really helped me deal with my Imposter Syndrome is developing a sense of perspective - literally everyone deals with it in law school. Alas, we truly are all a bunch of weirdos who value ourselves by our achievements and choose to go to law school to ‘challenge ourselves’.
Imposter Syndrome will affect anyone regardless of their level of success. However, it tends to be more common amoung high-achievers, who value themselves by their achievements, but also struggle to accept that they have in fact achieved something. So, it’s no surprise that when you put a bunch of highfunctioning high-achievers distinguished by their ‘ATAR’ in a stream of education we like to call ‘Law School’ that most of them do suffer from Imposter Syndrome on a daily basis. Law students have it. Lawyers have it. Heck, even Michelle Obama (absolute queen and inspirational icon) has admitted to having it.
Step number three is not being afraid to ask for help when you need it. Some of the best advice I’ve been given on coming to law school was to participate in group study. I can go on and on about how great group study is and how much the Pomodoro method has salvaged my GPA, but group study is one of many tactics through which you can ask for help. Put yourself out there, for you never know if help will be received unless it is asked for. (Sorry Libras, I really can’t help you here).
If there’s one thing that everyone needs to understand when it comes to Imposter Syndrome is that it's unique to everyone. The syndrome is tailored to the circumstances, context and demographics of the specific person dealing with it. For instance, as someone who has dealt with imposter syndrome since I was a child my experience of dealing with it is deeply connected to my life as a second generation immigrant, woman of colour, and being the first person in my family to pursue a law degree at university. The amount of people you will meet who don’t identify with these circumstances, yet are high-functioning overachieving perfectionists who sadly don’t think they’re good enough, will be endless. Their version of imposter syndrome will stem from their circumstances and context.
My final tactic is actively seeking out those who you relate to, look up to and are inspired by. As a woman of colour, I’m always excited to meet other minority women who are practicing lawyers or academics. This is obviously linked to the greater issue of the need for more representation and empowerment in the legal sector, but nevertheless take what you can proactively get and more often than not these experiences might end in a mentor or two. Mentorship and talking to people who have already undergone or currently undergo similar experiences to you can help alleviate those high-functioning pains. It’s also empowering to realise that those mentors, those figures you look up to because of their success, were also probably once sitting in your shoes, feeling unworthy or like a fraud.
When I finally realised that I had adopted this warped way of viewing myself and the world around me, my immediate question was how I can get rid of my Imposter Syndrome. Will I ever stop feeling like a fraud? Will I ever feel like I’m actually smart enough? After talking to many different people all at different stages in their life – whether a practicing lawyer, a fellow student, my manager at my retail job or a budding high-school student who wants to pursue law (good luck mister) – the real answer is pretty miserable. No. The syndrome is bound to affect you wherever you are,
Ultimately, it’s important to recognise that, whether we like it or not, we all do deserve to be here. Imposter Syndrome will continue to affect us, but it’s up to find the mechanisms that will help us reaffirm that all of us, to quote Lizzo, are truly ‘100% that B****’. Good luck!
Niroshnee Ranjan. 39
art by anonymous
the mythos of chernobyl
HBO’s Chernobyl presents a fascinating example of the mythologisation of a major historical event. The show, to be clear, is outstanding, and (almost) worthy compensation for HBO’s botched Game of Thrones finale. The final episode in particular is deserving of its accolades, as it channels Conan-Doyle and Christie to painstakingly unspool the question posed in the first episode- how the hell does an RBMK nuclear reactor explode? A documentary, however, it is not. The show presents a valuable exploration of the process by which truth becomes fiction. Chernobyl was always going to be a story for the ages - it played a critical role in destroying the Soviet Union, and came within centimeters of doing the same to a portion of Europe. HBO’s take on the accident presents itself as a kind of ‘historical fiction’ - a genre which has long pervaded bookshelves but remains something of a novelty in the world of prestige television. Historical fiction is a modern form of mythologisation, as we attempt to process major events by converting them into narrative. Part of this process necessitates the simplification of the main players in a historical event. The cast of individuals who were directly connected to the accident at Chernobyl were, in real life, complicated. Many of them were intelligent people who, under the immense pressure of the Soviet machine, made foolish decisions. As they are mythologised, they are neatly sorted into ‘good’ and ‘bad’ piles, or excluded altogether. Interestingly, the American production, while taking the time to outline the fundamentally flawed design of the RBMK Nuclear Reactor, leans into the Soviet Union’s original version of events. In the aftermath of the accident, the Soviet Union scrambled to blame corrupt
individuals, including Anatoly Dyatlov, Viktor Bryukhanov and Nikolai Fomin. This story was so easy to swallow that it pervades modern understandings of the accident, in spite of the eventual scientific consensus that an RBMK reactor explosion was always an inevitability thanks to a flawed design and systemic problems with personnel training. The show almost relishes in its depiction of Dyatlov as a self-serving bully whose dogged pursuit of a promotion jeopardised the habitability of much of Europe. His superiors, Bryukhanov and Fomin, are cast in a similar light, though they are not given lines quite so damning as the heavily-memed ‘He’s delusional, take him to the infirmary.’ Meanwhile, Boris Shcherbina and Valery Legasov are handed a kind of buddy-cop dynamic as they frantically work to contain the disaster and repair the damage done. Shcherbina is the gruff-but-competent politician with a crucial understanding of the complex inner workings of the Soviet machine. Legasov is the brilliant scientist whose naïve faith in Socialism is eroded as he attempts to navigate an administrative nightmare following the accident. The show does not mention that the real Dyatlov had not slept in twenty-four hours on the night of the accident. It presents his determination to complete the disastrous safety test as something borne of opportunism and greed, as opposed to a need to complete a task, no matter how impossible, when the Soviet Union demanded it. Meanwhile, the blunders made by Legasov and Shcherbina in their response to the accident are softened. The real Legasov’s decision to douse the radioactive fire by dumping thousands of tonnes of materials on it via helicopters was misconceived - the show acknowledges that the strategy created a number of new problems for the disaster containment process, but glosses over the fact that nearly all of the materials missed the reactor core entirely. The real Shcherbina, meanwhile, would eventually attempt to cover up his decision not to immediately evacuate the area surrounding the Chernobyl site, but is depicted in the show as a straight-talking object of sympathy. The failings of the two men are not compatible with the myth of Chernobyl, and therefore do not make it into the show. Another interesting aspect of the show’s process of mythologisation is the people it chooses to leave on the cutting room floor of the narrative. In the Chernobyl Podcast, series creator Craig Mazin mentions that the character Ulyana Khomyuk was created to represent the vast team of scientists who assisted Legasov in his response to the accident, as well as to lend some gender diversity to the main cast. The reason given for this choice is that there were not enough women in real life who were politically well-positioned enough to warrant an appearance in the show. This statement was not quite accurate- though it is true that the upper-level decisions were made by men, there were many women of considerable influence who were central to the Chernobyl story. The most obvious example is Chief Architect of Pripyat, Maria Protensko. Her story warrants an entire series of its own, but in summary, she oversaw the construction of the city of Pripyat near the Chernobyl nuclear plant, and after the explosion executed
40
its evacuation with clinical efficiency, all while clinging to the Communist Party’s promises that she would one day be able to return and continue building her city. Then there was Dr. Angelina Guskova, one of the world’s foremost experts on radiation sickness and treatment, who was tasked with treating the first responders to the accident. The show’s failure to explore these women is understandable in that it is taking on a colossus of a story, and only really has time to linger on a handful of individuals closest to the accident. Still, the fact that the two women who remained in the main cast were the wife of a heroic first respondent and a subordinate of Legasov illustrates how myths often become stories about men. When truth is mythologised, influential female players are written out with the justification that they don’t quite have the power or the centrality to make it into the condensed version of events. But then, as the myth is solidified in the public conscience, the general understanding becomes that those women were never involved at all. Mythologisation involves creating a palatable, traditional narrative. HBO’s Chernobyl, in the process of constructing its excellent storyline, has created a stellar example of how we attempt to process fact through stories. While the show deserves its praise, it is important to keep in mind the truth of Chernobyl. Dyatlov, Bryukhanov and Fomin were not incompetent and stupid, Shcherbina and Legasov had their flaws, and there was a host of individuals (particularly women) with fascinating stories who deserve recognition for their connection to the accident.
Caroline Dry.
art by ali smith
41
I’ve heard it all too many times, but when a young lawyer described their early career to me as “just doing their time for a few years” during the same week that I’d been to a maximum security prison inspection, I decided that perhaps something deeper is wrong here. At least the prisoners were afforded the dignity of regular sleep and meals. One answer, though radical for some, is that all salaried lawyers (below the partner or management level) should unionise, so as to collectively counter the disproportionate power of those who dictate the formal and cultural conditions of their employment. In this piece, I argue that there are three issues demanding structural labor changes in the profession, to all of which unionisation is a perfectly reasonable and professional response. The first way in which the wheels are coming off in the legal profession is, of course, poor work conditions. This is particularly so for lawyers in subordinate positions in large firms or public legal workplaces. The problematic symptoms include excessive or irregular hours, isolating environments, high stress and an expectation of poor sleep and work-life balance. These issues are compounded by inflexible or non-existent policies around leave, travel and severance, not to mention career advancement. High rates of unethical workplace behaviour including bullying, intimidation, discrimination and harassment only heighten these environmental risk factors. All this is magnified by the menace that is billable hours, which acts as an instrument of commercialisation over professionalism. Such an approach inherently disincentivises investment in continuing education, career development programs and teambuilding. It also encourages an unhealthy minimization of hours spent on general office work and daily activities such as eating. It is no secret that these work conditions are dehumanising, and that they have a distinctly gendered impact upon the profession. This is not assisted by unhealthy perception of an unencumbered male lawyer as the ideal employee. These are longterm, structural issues with labor conditions which are firmly within the scope of collective action and negotiation.
written by Marcus Dahl We’ve all heard it before. A colleague has been getting home late, frustrated by their work conditions, stressed, sleep deprived and noticeably unhappy. But they’ll persevere, because with the right career progression, there might be a well-paid light at the end of the tunnel some time in their 30s or 40s.
42
For modern law, the problem runs deeper, and the second issue (and buzzword of the day) is wellbeing. Lawyers have higher rates of depression, anxiety, suicide, alcohol and substance abuse, heart disease and stress than many other professionals. They have lower work satisfaction, lower trust in supervisory and reporting procedures, and lower female retention. These facts have been well-known for years. But the responses have been individualistic. They have painted the lawyers affected as sick and needing support (which may in many cases be true), but have failed to tackle the deeper cultural and institutional problems which enable such unhealthy workplaces. Individualistic discourse shrouds systemic problems. These issues are symptoms of broader problems
that often occur in unchecked large and hierarchical organisations, and without broader, industry-wide solutions, redress will remain insufficient.
structural and cultural crises with the relevant structural solutions. Our future selves and colleagues might just thank us for it.
The third crisis in law is one we do not consider often enough: failure to meet ethical and professional obligations. As lawyers we owe duties of independent judgment and diligent work which we cannot provide if we do not feel safe, respected, well rested and time-rich in our work environment. For example, if our executive functioning is impaired on a regular basis by poor sleep, then we are less able to show the attention to detail, assessment of risk, creative solutions and effective multitasking which is expected of us. If we are overworked and dealing with multiple shards of fractured cases divided between many lawyers on a production line, how can we confidently fulfill our ethical obligations? Some would say there is nothing to be done - it is the nature of a fast paced profession. But others, more persuasively I think, would say the opposite. If we are unable to live up to our professional obligations, then our duty is action to remedy those defects as soon as possible. Lawyers around the world have long said they are too individualistic to make unions. Too professional, too rich, too stubborn. But what defines the need for collective action is not the work you do or the wages you earn for completing it. It is the existence of a power imbalance against workers and a need to remedy and constantly improve their work conditions. Diverse professionals including doctors, dentists, architects and pharmacists have been doing so for years. Thankfully, it can and has been done, and by some brave lawyers too. Because it is possible and reasonable to try. After some such cases the American Bar Association has given the green light to unionisation since 1967 and to strikes since 1975 (with conditions to protect clients). New York Legal Aid lawyers went on strike in 1982 and 1994. For both public sector lawyers and private (non solepractitioner) lawyers, there is much to be gained. Unionised lawyers can use the vehicles of collective bargaining, interest arbitration and even strikes to seek the structural change we need. We can advocate for defined maximums of daily and weekly billable and total hours as well as clarity on breaks and professional training and development hours. Additionally, we can demand clearer termination, severance, hiring, travel and reporting policies, and clearer communication of the circumstances in which we can refuse work.
art by jenny thompson
Public sector lawyers can also argue for better resources, libraries and computers, access to clerk and paralegal support and more reasonable pay and caseloads. All lawyers can benefit from a stronger sense of allegiance to our colleagues, improved morale and better quality of work. The future of the profession is ours. So let us be professional about tackling its long-running
43
w
GO CRUELTY FREE: it's inexpensive and most of the high quality makeup brands are!
Most of us are trying to do our best in stopping the world from ending due to environmental issues. Somewhere along the way when I was researching just how much time we have left before the world combusts into nothingness and our oceans are 99.9% plastic, I came across a website which listed cruelty free makeup and skincare products. In my naivety, I thought surely most (if not all) makeup companies would be cruelty free by now, particularly as many countries banned animal testing years ago. Unfortunately, largely due to compulsory animal testing laws in mainland China where a lot of brands sell their products, a few of the big players aren’t. While I was keen to cut out any non-cruelty free products from my makeup bag and bathroom cabinet immediately, I was concerned it would be: a) expensive; and b) I would have to say goodbye to all my loved products. Fortunately, this is far from the truth! Both inexpensive and high quality brands are cruelty free and here are some of my favorites… I’ll begin with inexpensive options, as I understand not everyone wants to drop $80 on a bronzer or $40 on everyday items like shampoo and body wash. For the most part, large cosmetic companies such as L’Oréal, Nivea, Maybelline, Revlon, Rimmel London, Rexona and Garnier aren’t cruelty free, but two huge players in the drugstore category became PETA certified cruelty free just last year; Dove and COVERGIRL! Dove is great for all toiletries like deodorant, soap, hand wash and shampoo, while COVERGIRL has released some great new products such as their Trublend Base Business Smoothing Primer range to suit all skin types.
Other options for affordable drug store products include: • • • • • • • • • • • • • •
Australis Real Techniques Natio Herbal Essences Le Tan the Balm Cedel Hask NYX Makeup Revolution Essence e.l.f St. Ives and probably more if you keep researching!
As you can see, plenty of options for affordable toiletries and makeup. I would highly recommend NYX for your makeup needs, particularly their foundation, eyeshadow and eyeliner, NYX is both super cheap and consistently mentioned in beauty blogger tutorials. Also, the British company Makeup Revolution now sells at Priceline and has an $8 dupe for the famed Tarte Shape Tape concealer! For the more bougie of budgeters AND the makeup obsessed, there are plenty of luxury, cruelty free beauty brands who are releasing some of the most talked about makeup products. This list is probably too big to mention so I will just name a few, think: •
44
Marc Jacobs Beauty
• • • • • • • • • • • • • • • • • • • • • • •
A majority of non-cruelty free brands will have statements on their website which say they are against animal testing except when it is required by law, which can appear misleading especially if you skim read or don’t read past the first sentence, so to check whether your fave products make the cut and to stay updated with brands making the switch, check out these websites: www.peta. org, www.crueltyfreekitty.com, www.ethicalelephant. com, and enjoy: the excuse to go makeup shopping!
Urban Decay Laura Mercier Too Faced Tatcha Mecca’s own brand Hourglass Huda Beauty Jeffree Star Stila Anastasia Beverly Hills Napoleon Perdis Bondi Sands Kevyn Aucoin Beauty Blender Bare Minerals Aesop Charlotte Tilbury Kylie Cosmetics It Cosmetics REN Skincare Tarte Smashbox plus HEAPS more!
However, the following luxury makeup giants are not cruelty free; • • • • • • • • • • • • • •
NARS MAC Chanel Giorgio Armani Bobbi Brown Lancôme Sephora Christian Dior Shiseido Yves Saint Laurent Estee Lauder Makeup Forever Clinique Benefit
With this being said, it’s important to note that a few of the cruelty free companies are owned by non-cruelty free parent companies, so it depends where you stand on this issue. For example, Estee Lauder owns Too Faced. It is a common opinion however that it's best to still support the cruelty free subsidiaries, as if their sales are skyrocketing it may help to encourage the parent companies to make the switch too!
Georgia Sprivulis. art by caroline dry
45
robo-don’t
the robo-debt class action and use of algorithms in decision-making
In a cleverly designed class action announced on Monday by Gordon Legal the automated Robo-Debt system (otherwise known as Online Compliance Intervention) implemented by the Turnbull and continued by the Morrison government will finally be challenged before an open court.1 This represents a significant departure from previous challenges to individual determinations, which have either been heard before Administrative Appeals Tribunals (and as such do not have precedential effect) or settled quietly with the Department of Human Services waiving debts before the court has been able to hear the case.2 While the open challenge to the Robo-Debt scheme should be welcomed, based off currently available information, the way that the challenge has been brought (through an unjust enrichment claim) conveniently skirts some potential issues around the efficacy of automated executive decision-making and may have limited precedential effect for future cases. This is because the court may be unable to consider the broader legality/administrative reviewability of automated executive decisions. 1 Terry Carney, ‘Robodebt class action could deliver justice for tens of thousands of Australians instead of mere hundreds’, ABC News (online, 18 September 2019) 2
There remains an open question as to whether these cases can proceed given that waiving the debt may have removed the legal issue.
AUTOMATED DECISION-MAKING IN AUSTRALIA Automated decision-making promises significant benefits for government and the community as a whole. Machines are fast, efficient and extremely consistent and so, on its face, automating (even partially) the hundreds of thousands of decisions that must be made daily by government could make these decisions fairer while saving individuals time and money.3 Online systems could also streamline existing processes, allowing individuals to, for example, better understand their Centrelink entitlements or the steps they must follow to qualify for a particular benefit. However, automating decisions is not without significant risk—automated decision-making due to its rapid decisionmaking capabilities and “perfect consistency”, could turn a small error in a line of code to one that affects tens of thousands of individuals livelihoods, social security status or even migration status. Additionally, if biases are allowed to creep into the automated process through poor data (as has been seen in predictive policing in the United States),4 discrimination may be normalised and potentially even defended5 through the use of automated processes. The debate between the benefits and risks of the use of machine learning algorithms in executive decision making
3 8 See, eg, House of Commons Science and Technology Committee, ‘Algorithms in decision making’ (Report of Session No 4, House of Commons, 15 May 2018) 13, 18. 4 See, eg, William Isaac and Andi Dixon, ‘Why big-data analysis of police activity is inherently biased’, The Conversation (online, 10 May 2017) <http://theconversation.com/why-big-data-analysis-of-policeactivity-is-inherently-biased-72640>. 5 For example, the Australian Government has consistently denied that there is a flaw with the Online Compliance Intervention Scheme, instead saying that the system is functioning as intended. There is no evidence that the Australian Government is currently using a biased system.
is subject to extensive academic commentary.6 In Australia the exact scope of automated decision-making is unclear, however automated decisions are authorised in a wide range of government departments and agencies7 through the use of delegation clauses such as that contained in s 6A of the Social Security Administration Act 1999 (Cth): 6A Secretary may arrange for use of computer programs to make decisions (1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Secretary may make decisions under the social security law. (2) A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Secretary.8 Similar provisions are contained in a range of government acts including the Migration Act, potentially allowing the Department to use an automated algorithm to rank asylum
6 See, eg, Terry Carney, ‘The New Digital Future for Welfare: Debts Without legal Proofs or Moral Authority’ (2018) UNSW Law Journal Forum 1; Cary Coglianese and David Lehr, ‘Regulating by Robot: Administrative Decision making in the Machine-Learning Era’ (2017) 105(5) Georgetown Law Journal 1147; Deven Desai and Joshua Kroll, ‘Trust but Verify: A Guide to Algorithms and the Law’ (2017) Harvard Journal of Law & Technology forthcoming <https://papers.ssrn.com/sol3/papers.cfm?abstract_ id=2959472>. 7 See Simon Elvery, ‘How algorithms make important government decisions – and how that affects you’, ABC News (online, 21 July 2017) <https://www.abc.net.au/news/2017-07-21/algorithms-can-make-decisions-on-behalf-of-federal-ministers/8704858>. 8
46
It is likely that this is the provision that the government will argue authorises the use of a partially automated debt recovery system.
seeker applications.9 The provisions grant the secretaries of departments10 significant scope for using automated decision-making processes for any decision they could make, which given the wide powers possessed by the heads of the departments would include a significant proportion of executive decisions. CONCERNS WITH AUTOMATING EXECUTIVE DECISIONMAKING To date, there has been limited review by the Australian Government regarding whether these broad discretions are appropriate given the rapid growth in the capability of artificial intelligence and machine learning algorithms. This growth means that computer programs will soon be capable of making complex determinations; for example whether a couple meets the de facto criteria as opposed to the relatively simple averaging algorithm used in the Online Compliance Intervention algorithm.11 If the broad delegation clauses are not reviewed, then secretaries of departments may soon be using automated decisionmaking processes for an ever-growing class of decisions. At the same time, departments are not required to tell the Australian people (or in some cases parliament itself) which decisions are being automated and what programs they are using. For example, the Australian Electoral Commission has refused a senate order to hand over the algorithm used to determine the senate election result, denying review of the code by the very people elected by it.12 The lack of scrutiny of automated processes is particularly concerning in Australia, given the importance of responsible government under our constitutional framework as well as the significant costs associated with seeking judicial review. Responsible government helps ensure that the executive remains accountable to the electorate and helps preserve Australia’s system of checks and balances.13 Meanwhile, the cost of judicial review means that individuals affected by a flawed or biased automated decision-making process may be unable to bring a cause of action to correct that decision (particularly where they are unaware the decision was made by a machine). While the lack of transparency itself is of concern, unfortunately it is unlikely that it could be used to challenge an automated decision-making process. There are however possible questions to be raised regarding whether
automated executive decision-making processes may alter the underlying legislative framework and as such no longer comply with the requirements of Green v Daniels.14 Additionally, there are significant concerns regarding whether sophisticated automated processes, developed through the use of AI or machine-learning algorithms, could generate a sufficient statement of reasons to comply with the judicial review requirements under common law,15 or the ADJR Act.16 These concerns however do not appear to be the basis of the current class action. THE ROBO-DEBT CLASS ACTION – A LOST OPPORTUNITY? Significant commentary has been written regarding the legality of the Robo-Debt scheme based on the operation of ss 1222A and 1223 of the Social Security Act 1991 (Cth), the fact that the burden of proof lies with Centrelink to prove the debt obligation and the fact that yearly averaging of income cannot mathematically demonstrate fortnightly income (which is the required basis for showing overpayment).17 Such illegality may form the basis of an unjust enrichment claim against the government on the basis that the decision to create a debt obligation is ultra vires. While the precedent for such an action brought by an individual (or in this case a class of individuals) against government is clear in the United Kingdom,18 in Australia the doctrine has not yet been extended to an action brought against government.19 However, assuming the court adopts the approach in Woolwich, such an action seems unlikely to touch on the broader concerns surrounding reviewability of automated decisions, transparency or the threats to responsible government and accountability. This means that regardless of the outcome of the class action for the individuals involved, the court may be unable to grapple with these broader and ongoing challenges. Similarly the government will not be required to review how it delegates power to machines. It may be that while the class action will shine light on the Online Compliance Intervention scheme, it may fail to prevent future injustices perpetrated by flawed algorithms and overeager executive decision-makers that authorise their use.
9 Migration Act 1958 (Cth) s 495A; Australian Citizenship Act 2007 (Cth) s 48; Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth) s 287. 10
Andrew Ray. this piece reflects the personal views of the author
See, eg, Social Security Act 1991 (Cth) s 3A.
11 The algorithm effectively works by using ATO data to determine an individuals yearly income and dividing that by 26 to calculate their fortnightly income. Using this figure it then compares the entitlements they received against those calculated using this new estimate of fortnightly income. For full time workers who hold one job over the course of a year this method would likely be reasonably accurate, for students, casual employees, seasonal workers, or individuals who are fired or change job or pay rate this method will lead to significantly flawed results. 12 Mahesh Sharma, ‘Government rejects Senate order to disclose Electoral Commission software code’, The Sydney Morning Herald (online, 16 July 2014) <https://www.smh.com.au/technology/ government-rejectssenate-order-to-disclose-electoral-commission-software-code-20140716-zti03.html>.
14
(1977) 13 ALR 1.
15 See, eg, Campbelltown City Council v Vegan (2006) 67 NSWLR 672. 16 Administrative Decisions (Judicial Review Act) 1977 (Cth) s 13(8) (‘ADJR Act’). 17 See, eg, Terry Carney, ‘Robo-Debt Illegality: A Failure of Rule of Law Protections?‘, AUSPUBLAW (online, 30 April 2018) <https:// auspublaw.org/2018/04/robo-debt-illegality/>. 18 Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70 (‘Woolwich’).
13 This is critical given the relative strength of the executive branch in Australia and the United Kingdom, given that members of the executive also serve in the legislative branch. In contrast the United States has a more “strict” separation of powers through its distinction between legislative and executive functions.
47
19 In contrast, the doctrine would support an action brought by government where a payment has been made out of government revenue which is beyond power: see Greg Weeks, ‘The Public Law of Restitution’ (2014) 38 Melbourne University Law Review 198. Weeks suggests that ‘there is no compelling reason … why Woolwich ought not to be applied in Australian courts’.
t i ny l aw stor ie s Canberra Tinder is slim pickings I had a part time paralegal job as a law student. I worked at a small family firm in the city and one of the senior partners was a single mother. One Thursday evening she called me with an urgent issue asking me to bring a ‘Cease to Act’ form to a bar nearby where she was meeting with a client. Turns out she had managed to turn their meeting over his (large) divorce settlement into a date. I bumped into her two years later. She had a very large ring on the fourth finger of her left hand. Money versus sanity I worked 70 hours a week for 8 weeks straight. My girlfriend broke up with me. I missed my best friend’s destination wedding. I was depressed. I ate nothing but takeaway for 4 weeks, only breaking this when my mother dropped off a lamb hot pot. I decided I would quit. I needed to quit. I had a meeting with my boss. I got a 30k pay rise. I just worked another 70-hour week. I am still depressed. All kids look the same anyway “What age are the children?” the Magistrate asked me on a Friday morning at the Family Court of New South Wales one day. “Four and seven your honour”, I replied, already fantasizing about the beer I was going to drink that afternoon. I could almost taste the pint. “Really, are you sure?”. Patronizing bastard, I thought. “Positive your honour”. God, I need a drink. “Well I think you will find that they are fourteen and seventeen”. Oops. My face was prickling with embarrassment. Now I needed four drinks. Conflict of interest It took around 12 panic filled months before I even got an interview for a legal job after I graduated. I was sweating so badly before the interview it was running into my eyes and making them sting. I don’t remember what I said in the interview. I got the job. I nearly cried with exhilaration and relief. My mother did cry I think. I slept for about 3 hours before my first day. After a week or so of ‘training’ I was handed my first client file to work on. It was my step father’s name printed on the file. I was so scared in my new job I didn’t know how to approach my boss about it. I worked the file. It’s been 5 years and I’ve never told anyone. Wattle(via Wattle) I worked a part time job as a hotel receptionist during my law studies. It was about 2.00pm one day when I decided to check my uni email at work. A Wattle (via Wattle) email was there in bold. My lecturer was reminding us about the due date of a 2000 word APL essay at 11.00pm that evening. I was on 0 words and had another three hours of work to go. Check your uni email every day, kids!
Anonymous submissions.
48
acknowledgement of country We acknowledge the Ngunnawal and Ngambri people, who are the traditional owners of the land on which Peppercorn is written, edited, and printed. We pay respect to Elders past, present and emerging. We acknowlegde that this land - which we benefit from occupying - was stolen, that sovereignty was never ceded.
about the artists edwin devril Edwin is a melbourne based artist with a focus on drawing tattoo flash art. using mostly ball point pen and ink they create surreal creatures and scenes for all to enjoy. For all available works and commissions, find them on instagram at @handsome.devril. michelle stewart and kate carey peters Michelle and Kate are artists contributing to the Black Finch Project. Their instagrams are @ michellestewartcreates and @ katecareypeters. katherine tindal-clarke Katherine is an ANU student who enjoys working with a range of mediums, including digital art, water colour, pencil and line art. She mainly works in semi realistic styles but also has experience with a diverse range of surreal, cartoon and illustration styles. You can contact her at u6950327@anu.edu.au georgia niederer Georgia is a digital artist who captures the sadness and beauty of the everyday through single cell vignettes reminiscent of Leunig. She studies Sculpture and Physics at the ANU. Contact for commission and find more of her work at @art.by.sunshine on instagram. zoe saunders Zoe is a Canberra based artist who enjoys a cheeky watercolour. Find her on instagram @zellen_.
front cover art by katherine tindal-clarke
jenny thompson Jenny is a Sydney based watercolourist who happens to be the Editor-in-Chiefâ&#x20AC;&#x2122;s mum. She is inspired by nature and the nautical and exhibits as one of the Balmain Park Painters at the local watchhouse. Find her on instagram @jennytsart caroline dry Caroline is a Canberra based artist who enjoys working with watercolours and fine line drawings, focusing upon surrealism. You can contact her for commissions at @ carolinedry on Instagram. georgia larsen Georgia is a Canberra based designer and artist who enjoys making anything and everything. Follow along with her creative exploration or contact for commissions @georgialarsendesign on Instagram. ali smith Ali is a Canberra based artists who works primarily with acrylic and oil. She has previously run a pet portrait business and can be contacted for commissions at @ alimaypainting on Instagram. aamina sultanbawa/braddon home bodies Aamina refuses to claim full credit for her work, crediting her household in Torrens Street for creating wholesome water colours to de stress from semester. You can find them at home (but please donâ&#x20AC;&#x2122;t).