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LawReport

A MAGAZINE FOR LAW ALUMNI OF KING’S COLLEGE LONDON

ISSUE 5 | MARCH 2013

The School welcomes Professor David Caron Lord Phillips joins King’s as a Distinguished Fellow Katherine Grainger: a strong sense of justice and injustice

STEPPING UP TO BECOME AWORLD LEADER


JO MIESZKOWSKI

O HEAD OF SCHOOL’S WELCOME

Cover: Several of the first-year Dickson Poon Scholars Photograph by Jim Winslett Law Report editorial team Editor: James Bressor Contributors: Christian Smith, Helen May, Oliver Perry, James Bressor Fundraising & Supporter Development King’s College London Strand Bridge House 138-142 Strand London WC2R 1HH Designed by Esterson Associates Tel +44 (0)20 7684 6500

ur School celebrated two unforgettable milestones in the past year. First, we took up residence in Somerset House East Wing at the beginning of ����, a move highlighted when Her Majesty The Queen visited in February to formally open the renovated East Wing. Only weeks later, philanthropist Dickson Poon made a ��� million gift to the School, the largest gift ever to a European law school. In recognition of Mr Poon’s generosity, the College has named the School in his honour: we are now The Dickson Poon School of Law. It’s important to note that Mr Poon’s gift represents half of a planned ��� million investment in the School, directing money toward the creation of new chairs, fellowships, research opportunities and scholarships to ensure King’s is recognised as having one of the finest schools of law not just in the UK but in the world. The other ��� million in this multi-year investment will be comprised of contributions from the College, alumni and friends. For our students, the College’s commitment to excellence is essential. We are now educating students in the age of ��,��� fees. They rightly expect an outstanding experience that includes one-to-one time with professors, access to internationally recognised thought leaders, financial support for those in need and outstanding facilities. In addition to establishing chairs and fellowships, we are nearing completion of the transformation of our undergraduate teaching delivery, designed to ensure that students in the core modules of the LLB are given the opportunity to interact with our research staff in small-group settings, and in doing so to produce and be credited for research work of their own. It is one more way of bringing home to students the value of undertaking their degree in a research university of the calibre of King’s. As you will read in the following pages, we are attracting exceptional talent to the School, both staff and students, and in the coming months we will be announcing conferences, lectures and seminars of international stature. All of us – students, staff and alumni – have an unprecedented opportunity to be part of a new era at The Dickson Poon School of Law.

Contents

2 Transnational law and a landmark £40 million investment

18 Good advice from those who’ve been there

8 Lord Phillips joins King’s as a Dickson Poon Distinguished Fellow

20 Bringing objectivity to an emotional issue

10 The School welcomes Professor David Caron as its new Dean

22 An even brighter future: the School’s new Moot Library

13 News & staff list

24 View from the Strand: from Madonna to carousel voters

16 Katherine Grainger: a strong sense of justice and injustice

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Back cover Events & benefits

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KAREN ROBINSON

A LEADER IN TRANSNATIONAL LAW

STEPPING UP TO BECOME A WORLD LEADER A transformational gift has put the School on a remarkable trajectory with an ambitious goal: to attract ‘the best people from around the world’

Dickson Poon CBE: his landmark £20 million gift accounts for half of the investment in the School that now bears his name

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Dickson Poon CBE Hong Kong philanthropist Dickson Poon CBE is Executive Chairman of Dickson Concepts, which owns several widely recognised companies, including the department store chain Harvey Nichols and French luxury goods retailer ST Dupont. He also operates several hundred shops across Hong Kong, Macau, Singapore and Taiwan. Mr Poon started his career in 1980 when he opened a single watch shop in Hong Kong. Within 11 years, he was able to purchase Harvey Nichols, at the time viewed as a staid London department store. He transformed it into one of the world’s most celebrated stores and expanded into other cities across the UK and other nations. ‘My donation reflects a shared enthusiasm with the distinguished Law Faculty at King’s to set new standards in legal education and research,’ Mr Poon said when the College announced his gift at a Hong Kong ceremony. ‘Our unique focus on transnational law will groom the future leaders needed to guide an increasingly connected world.’

will strengthen all areas of teaching, attracting the best in their field – which, in turn, will draw the finest junior academics, ensuring the faculty’s long-term development. ‘The gift will take what is already a very good law school and turn it into one of the top law schools in the world,’ says Professor Sir Lawrence Freedman, King’s Vice-Principal (Strategy & Development), who is responsible for the implementation of the gift. ‘While it’s tempting to talk in grand terms about how high in the league tables we can go, our main aim now is to create a place that the best people from around the world want to come to and find exciting.’ Mr Poon’s gift is half of a ��� million investment in the School that will take place over several years. The other ��� million will come from the College, alumni and friends. Co The ��� million gift follows considerable development and investment elsewhe here he elsewhere in the College, especially on the Strand site, says Sir Lawrence. ‘We’ve been expanding our activities and we have some strong schools there: there’s a lot going on and it’s very lively. That’s been enabled by

the rehousing of the law school in Somerset House East Wing – which, in turn, has been hugely important to fundraising. I don’t think we’d have received the gift without it: you couldn’t take anybody around the old law school building with any pride, but this is state-of-the-art.’ Nevertheless, there will be challenges ahead, not least ensuring all the changes bed in and work together effectively. ‘The College has been in quite an ambitious mode over the last couple of years,’ says Sir Lawrence. ‘Now we need to consolidate the gains that we’ve made. We want to make sure that the law school integrates with all the things that are going on elsewhere and to make it very much a part of College life.’ Looking ahead, the most exciting developments will be the new appointments, says Sir Lawrence. ‘The key to academic management is attracting the best people, and giving them the support they need to do their best research and teaching. It’s no more complicated than that: so long as we keep bringing in really bright people we’re doing fine. ‘We’re not going to claim that in one or two years the transformation will be complete. It will take time but we’re starting from strong foundations.’ The best and brightest worldwide

Dickson Poon Schol Scholars Elaine Zhou and Thomas Gilmartin

In addition to attracting exceptional academic staff, the gift will benefit up to �� undergraduate and five PhD students annually through a scholarship programme targeting the best and brightest worldwide, without regard to the financial capacity of their families. The School formally welcomed its first �� undergraduate scholars at an October reception, where each was presented with a unique silver Reggie lapel pin, to be worn only by Dickson Poon Scholars. Uniquely, the scholarships focus on students who demonstrate not only academic excellence, but also outstanding leadership potential and life ambition. Fifteen of the undergraduate scholarships are reserved for students from Hong Kong and China and up to �� will be reserved for students taking the innovative Politics, Philosophy and Law programme. ‘These scholarships will have

This gift will make us more appealing to scholars in the US and a whole range of international jurisdictions who might not formerly have found an easy fit within a British law school. It allows us to recruit at the very highest level, attracting some of the world’s leading legal and socio-legal scholars. ProfessorPennyGreen, DirectorofResearch

an immense effect on the lives of students,’ says Paul-Emile Dorsainvil, President of the King’s Law Society and a third-year law student. ‘They will only help to boost the reputation of King’s. You’ll see a lot of great students coming here, not only from the UK, but also all over the world. Future students will really think of King’s as being a place where it’s who you are, not necessarily what you have, that counts.’ That point is borne out by talking to the new scholars, many of whom remark on the freedom from money worries a scholarship brings. ‘It has enabled me to study without feeling pressure to work during term-time,’ says Thomas Gilmartin. Elaine Zhou, who worked for an investment bank in Singapore before deciding to study law, always assumed she would have to take a job to make ends meet. ‘Now I can focus on my studies,’ she says. Jessica Parry adds that she can also ‘fully engage in everything the law school and the city of London have to offer. I have more freedom to choose what kind of activities to get involved

An unforgettable 12 months z March 2012 King’s announces the £20 million gift from Dickson Poon CBE, the lead gift in a £40 million transformational investment with a focus on transnational law z September 2012 The College welcomes the first undergraduate Dickson Poon Scholars; each receives a special silver Reggie pin z November 2012 King’s welcomes the first Dickson Poon Distinguished Fellow and Visiting Professor, Lord Phillips of

Worth Matravers (see page 8) z November 2012 The School launches the full Dickson Poon Scholarship Programme for undergraduates and PhD students z January 2013 The Dickson Poon School of Law announces the appointment of its new Dean, Professor David Caron (see page 10) z March 2013 The School announces the appointment of distinguished professors Allen Buchanan, Dale Jamieson and Thomas Pogge

Professor Penny Green

in and what parts of London I want to explore.’ The new scholars also remark positively on other support offered by King’s. ‘The return to school after working professionally for a few years and the move to London have been quite challenging for me,’ says Zhou. ‘I have been pleasantly surprised by the support offered to the students by King’s.’ Gilmartin says: ‘Having been at university before I can say that I have come to feel at home at King’s much more quickly than I did elsewhere. I have made good friends, including with people from many countries all over the world.’ Finally, says Laura Lazaro Cabrera, the scholarship has inspired her to fulfill her potential: ‘It makes me feel much more confident regarding my studies, and to be serious about them. It symbolises both the expectations King’s has of us, and the expectations and effort of our families. It reminds me how lucky I am, and how many sacrifices have been made for me to pursue my law studies. It keeps my feet on the ground, reminding me of my journey to King’s, and at the same time makes me gaze forward to see all that I could be.’ A more expansive mindset

Talking to the academic staff involved with the Dickson Poon gift, it’s impossible to miss the sense of enthusiasm at this remarkable new injection of resources and the positive change it will bring about. It’s also striking how well the latest developments fit with the ethos of the School and the trajectory of King’s generally, particularly the focus on transnationality. ‘Transnational law can mean something quite specific or it can be more general,’ says Sir Lawrence. ‘We wanted to be clear that the school has an international focus: that it will look across a number of jurisdictions, comparing and exploring the interactions between them. ‘The main point is to stress that this is a global law school with a global outlook and that transnationality is going to be its distinctive feature. It’s a good fit because the College is already increasingly global in its outlook, demonstrated by the new institutes focused on China, Russia, India and Brazil, for example. So this is not forced: it follows naturally. A lot of law schools will be thinking about this kind of thing: the gift gives us the resources and the impetus to make a clear statement that we can put that thought into practice.’ Professor Penny Green, Head of Research at The Dickson Poon March 2013 | Law Report | 5

DICKSON POON SCHOLARS PHOTOGRAPHED BY JIM WINSLETT

These are exciting times for the School of Law at King’s – perhaps the most exciting in its history. Last year, it became the beneficiary of a ��� million gift from Hong Kong philanthropist Dickson Poon CBE, the largest donation in the history of King’s and the largest ever to a British or European law faculty. The gift represents half of a ��� million investment that will transform the School into a world leader in transnational law, a burgeoning field that is becoming ever more vital due to the globalisation of business and legal practice. Renamed The Dickson Poon School of Law in recognition of Mr Poon’s generosity, the School is already seeing the benefits of the donation. In October, it announced the appointment of Lord Phillips of Worth Matravers, the first President of the UK Supreme Court, as a Dickson Poon Distinguished Fellow and Visiting Professor; this was the first in a series of high-profile appointments. In the same month, the School formally welcomed �� undergraduate Dickson Poon Scholars, the first beneficiaries of a new scholarship programme made available by the gift – Europe’s biggest ever law scholarship programme, aimed at attracting the brightest and best students from around the world. The annual number of Dickson Poon Scholars will expand, w ith up to �� beginning with in the ����-� � academic year. ol has since announced The School the appointm tment of three more appointment distinguished d visiting professors: Allen Buchan anan, Thomas Pogge Buchanan, and Dale Jam amieson. It has begun a Jamieson. worldwide recruitment re campaign for or eight new distingu guished distinguished chair position ons positions and a signific cant significant number of young, outstanding academics. Likely to ar be a five-year hair process, the cchair ts appointments


Professor Sir Lawrence Freedman

has a strong history of relating to problems of social justice, and that very much has an international dimension these days for us,’ she says. ‘That will be very much strengthened by the gift.’ It has great bearing on her own position as Director of the International State Crime Initiative, a multi-disciplinary, cross-institutional and international initiative to collate, analyse and disseminate researchbased knowledge about criminal state practices and resistance to them. ‘Transnationality is central to state crime,’ she says. ‘At the moment, I’m working on a project looking at resistance to state crime in six different states: Burma, Sierra Leone, Turkey, Tunisia, Papua New Guinea and Colombia. So we are absolutely engaged with understanding these major issues from a comparative and transnational perspective.’ The importance of interdisciplinary and theoretical study is key, she says. ‘We are moving towards a research basis which is underpinned by theory and by transnationality. So transnationality is a mindset: it’s a way of thinking about legal problems that isn’t restricted to the domestic or technical, but is contextualised. It draws on international scholarship, so that we can extend ourselves to think more broadly about the very concepts we’re interested in.’

Four stellar appointments Lord Phillips Nicholas Phillips, Baron Phillips of Worth Matravers, KG, PC was the President of the Supreme Court from its foundation in 2009 to his retirement in 2012. Previously, he was Senior Lord of Appeal in Ordinary, Master of the Rolls and Lord Chief Justice – the first to be head of the English judiciary, when that function was transferred from the Lord Chancellor. He undertook his National Service with the Royal Navy and the Royal Naval Volunteer Reserve, where he was a commissioned officer, and read law at King’s College, Cambridge. He was called to the bar at the Middle Temple in 1962 and became a full-time High Court Judge on the Queen’s Bench Division in 1987.

Allen Buchanan Allen Buchanan is the James B Duke Professor of Philosophy at Duke University. He received his PhD from the University of North Carolina at Chapel Hill in 1975. He has written books covering such topics as Marx, applied ethics (especially bio-medical ethics), social justice and international justice, including the foundations of international law. He served as staff philosopher for the President’s Commission on Medical Ethics in 1983. From 1996 to 2000, he served on the Advisory Council for the National Human Genome Research Institute. He is a fellow of the Hastings Center, an independent bioethics research institution.

Thomas Pogge Originally from Germany, Thomas Pogge is currently Leitner Professor of Philosophy and International Affairs at Yale University and Research Director for the Centre for the Study of Mind in Nature at the University of Oslo. He received his PhD in philosophy from Harvard, supervised by John Rawls, in 1983. He has taught philosophy, political science and ethics at universities around the world and has written widely on global justice, world poverty, human rights, Rawls and Immanuel Kant.

Dale Jamieson Dale Jamieson is the Director of Environmental Studies at the Center for Bioethics and the Animal Studies Initiative, New York University, where he is also Professor of Environmental Studies and Philisophy and Affiliated Professor of Law. He received his PhD from the University of North Carolina at Chapel Hill in 1976. Author of more 100 books and articles and a distiguished past visitor at both Oxford and Princeton, he is widely read for his scholarship on how humans relate to nature and the environment.

Internationally recognised theorists

The main point is to stress that this is a global law school with a global outlook and that transnationality is going to be its distinctive feature. ProfessorSirLawrence Freedman,Vice-Principal

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School of Law, believes that the transnational focus will help to create a more expansive mindset throughout the school. ‘The emphasis on transnationality is a really exciting one, because there is a tendency for quite a provincial approach to legal questions in British law schools,’ she says. ‘This will really place King’s in a league of its own. It will encourage all academic staff to extend the horizons of their work because every area of law deals with concepts and ideas that have international dimensions. ‘Creating a law school filled with outstanding intellectuals is where the real impact on scholarship will take place,’ says Professor Green. ‘Everyone will benefit enormously, including the existing staff. It offers potential for collaboration, increased supervision for outstanding students, stronger research groups, conferences, joint bids to research councils for funding and so on. It will generate its own dynamic. It will excite others and create an internationally vibrant community.’ Professor Green too stresses the natural fit of the transnational focus. ‘King’s

Professor Leif Wenar, Chair of Ethics at King’s, concurs. He also is focused on building an internationally vibrant community in the School, highlighted by the appointment of Professors Buchanan, Jamieson and Pogge, all leading theorists, as distinguished visiting professors.

‘All three are first-rate philosophers who have turned their eyes to international issues,’ he says. ‘Professor Pogge was a student of John Rawls, the ��th century’s leading theorist of justice. Professor Pogge saw the new wave of globalisation coming and found all the philosophical theories available inadequate, including Rawls’s. So he started to build his own approach. ‘The same thing happened to me,’ says Professor Wenar, who also worked with Rawls. ‘We theorists look at the world order and see urgent and under-theorised phenomena: war, climate change, poverty, inequality. Theory can give the big picture on why these things happen and how the law can be used to effect positive change. ‘Professor Pogge has many ongoing initiatives for international reforms. The most high-profile looks to start a second patent system that will incentivise pharmaceutical companies to develop drugs for the diseases that affect more of

the world’s people. Another initiative is called ASAP – Academics Stand Against Poverty – which is an umbrella organisation for getting academics together to address specific problems affecting the world’s poor. King’s will now be a major ASAP base, so we can expect that there will

Dickson Poon Scholars Rachel Feldman (opposite page) and Laura Lazaro Cabrera

be ASAP events here at King’s when Professor Pogge arrives.’ Professor Buchanan’s work on international law ranges from the foundations of human rights to just war theory to the justification of humanitarian intervention to stop severe violations of a population’s rights. ‘He has a holistic view of reforms of the global economy,’ says Professor Wenar, ‘which shows how diverse systems like labour standards, trade agreements, aid and patents on biotechnology can work together to support greater transnational justice. He has greatly expanded our understanding of how the highest ideals can be furthered by feasible reforms.’ Professor Jamieson is one of the world’s leading environmental philosophers, and has written on climate change, biodiversity and humanity’s relationship with nature for over �� years. ‘His next book,’ says Professor Wenar, ‘is called Reason in a Dark Time: Ethics and Politics in a Greenhouse World. The title gives a sense of just how much trouble Professor Jamieson thinks we are in – and how urgent it is that we think clearly about how to meet the challenges the world now faces together.’ Professor Wenar’s own work is on the ‘resource curse’. ‘Countries that export a lot of natural resources are at higher risk for authoritarian governments and civil wars,’ he says. ‘But it’s not just a matter of what goes on inside these countries – such as Syria, Libya or Sudan – it’s also the international system that drives these phenomena. So, for example, in today’s international system, whoever can control territory by force gets to sell off its resources, regardless of whether they’re a brutal dictator, a successful coup plotter or even a militia controlling a mine as in eastern Congo. My work shows how we can reform the international system to replace the rule that incentivises authoritarianism and civil war with something better.’ Professor Wenar says The Dickson Poon School of Law is going to integrate the visiting professors into the life of the College. ‘They will be giving public lectures, seminars and master classes for our graduate students,’ he says. ‘Having these worldleading scholars in our community will enhance the intellectual environment and complement the existing strengths at King’s in vital areas of transnational law.’ March 2013 | Law R Report | 7


A LEADER IN TRANSNATIONAL LAW

‘A TREMENDOUS SHOT IN THE ARM’ ‘Just look at that,’ says a beaming Lord Phillips of Worth Matravers, gazing out of his new Somerset House East Wing office window over the Christmas tree and ice rink in the Fountain Courtyard. ‘You couldn’t ask for more than that.’ His arrival is so fresh that his office is still full of unpacked boxes. ‘I’ve only just moved in,’ he admits, so ‘it’s a bit early to say’ exactly what his position as Dickson Poon Distinguished Fellow and Visiting Professor will entail. But he’s clearly brimming with enthusiasm. ‘The Dickson Poon School of Law is going to be very exciting,’ he says. ‘To have that amount of money injected into a law faculty is remarkable. It gives King’s the chance to recruit really high-calibre people, which then perpetuates very high standards. It’s a tremendous shot in the arm. To be involved in that from the ground up is very attractive. King’s has a very high reputation, deservedly, and it’s extremely well placed, right in the heart of the legal world of London. And it’s convenient for the House of Lords where I’ll be taking some part in the legislative activity of the country.’ The newly retired Lord Phillips is also finding the House of Lords ‘rather attractive’. ‘It’s a world that I deliberately didn’t take part in when I was a Law Lord and so I’m learning the ropes.’ He just made his maiden speech the week before. ‘It was fairly lightweight with a certain amount of humour in it. It went down well with those who were in the House, which wasn’t many.’ Despite having one of the most distinguished judicial careers of his generation, Lord Phillips has a strikingly modest, even selfdeprecating way of speaking. He does, however, concede that he’s ‘pleased with having got the Supreme 8 | Law Report | March 2013

Court off the ground’. He was its first President, from its foundation in ���� to his retirement in ����. ‘I hadn’t been expecting to be involved in it at all,’ he says. And yet he was asked, just as he was asked to take up just about every other stellar judicial appointment going over the years. An exceptionally safe pair of hands

‘My career has in a way been entirely fortuitous,’ he insists. ‘I’ve never applied for anything. It’s completely different now. Now you have to apply for every post, including the President of the Supreme Court. But when I was appointed a judge in ����, you were invited by the Lord Chancellor, and if you said no the likelihood was that you wouldn’t be invited again. It was reckoned to be the supreme accolade. And then one gets promoted.’ It’s not hard to see why. He quickly proved himself an exceptionally safe pair of hands, sitting on the politically sensitive Pinochet extradition appeal and skilfully managing the long and difficult Maxwell fraud trial and the hugely complex BSE inquiry, which he terms ‘the most stressful thing I ever had to do’. In ����, Lord Phillips succeeded Lord Woolf as Master of the Rolls and later in ���� as Lord Chief Justice. He gained a reputation as a reformer, becoming a strong advocate for a

King’s has a very high reputation, deservedly, and it’s extremely well placed

modern judiciary and justice system, appearing on Newsnight in an attempt to highlight the problems within the civil justice system. ‘I have always felt very strongly about criminal justice,’ he says. ‘As a judge you have to steer clear of being political. But sometimes when you speak out you are necessarily expressing views which are at odds with a political agenda. It’s important where you’re dealing with issues of that nature that people should know where you stand. I still think that the way we treat criminals calls for a radical reappraisal. Locking them up is a very expensive way of dealing with them. They are largely offenders for sociological reasons that are very easy to identify. It doesn’t excuse criminal behaviour, but it does explain it.’ In a bid to find out more about non-custodial alternatives, he went undercover as a drink-driving offender to take part in a ‘community payback’ scheme to clean up a council estate. It proved controversial, but he still thinks it was a good idea. ‘When I was Lord Chief Justice, there was a tendency to suggest that someone of my background who had views of alternatives to custody wouldn’t know what they were talking about. So I thought I should see what it was like. I got the publicity wrong, because I gave one exclusive interview and so the rest of the media were bit iffy, suggesting that it was all a publicity stunt. I also wanted to do a day in prison anonymously, but it proved to be impossible.’ A new institution, new transparency

Ultimately, at the age of ��, Lord Phillips was charged with overseeing the creation of the Supreme Court, the thoroughly modern result of constitutional change, replacing the effective but anachronistic and confusing Law Lords with a new

body that was clearly independent from the legislature and whose function was easier for the public to understand. ‘There were enormous changes in presentation: the proceedings are now televised live via Sky’s website; the whole of the court is transparent; people are invited in as they walk past; there is a huge flow of people through the building. To start with, people didn’t know it existed. Not even a policeman or a taxi driver would know where it was. It takes time to get across the existence of a new institution, but people are now beginning to understand what the Supreme Court is and what it’s for.’ Although Lord Phillips now characterises himself as ‘essentially unemployed’, invitations and appointments continue to roll in. He has just succeeded Lord Woolf once again, this time as President of the Qatar International Court and Dispute Resolution Centre from September ����. ‘I’ve also agreed to sit on the Court of Final Appeal in Hong Kong for a month a year,’ he says. ‘It’s an extraordinary opportunity to go and sit in a court that’s technically in China.’ Meanwhile, he still goes swimming every morning in the open air at Hampstead Heath – ‘It was seven degrees this morning,’ he says – and still takes mountain hikes, walking across Alta Via � in the Dolomites this past summer. Small wonder that he looks so youthful and indeed so tanned. Having looked back at this career, what is his advice for anyone starting out as a lawyer today? ‘Go for it,’ he says. ‘It’s tougher than ever now. That means that the people who are going to make it are the people who are really determined. If you’ve got doubts or you’re not really determined, forget it.’ March 2013 | Law Report | 9

DOLLY CLEW

Lord Phillips joins King’s as a Dickson Poon Distinguished Fellow


PHIL SAYER

Professor David Caron is set to become Dean at ‘a transformational moment’ in the School’s history

In a given year, a school is alive and teeming with activity

Even through the small window of a transatlantic Skype video call, it’s easy to see that Professor David Caron has caught the infectious enthusiasm generated by the Dickson Poon gift. Indeed, it’s what’s drawing the new Dean of The Dickson Poon School of Law away from Berkeley’s California sun, which is still shining in January while London is gripped by snow. ‘Why King’s? Because it’s a great law school at a transformational moment in its history,’ he says. Personally, the gift provides a rare and appealing opportunity for ‘transformational leadership. And it comes at the right time for a global community that seeks new and effective approaches to numerous challenges facing humanity, each of which transcends the borders of any particular state.’ It’s the sheer scope of this new transnational focus, building on the School’s existing expertise, that sets this opportunity apart. ‘There’s a space for a law school that prepares people in a technical way to be a good commercial or family lawyer. But there is a deep need for a great law school to bring its collective energy to bear on an increasingly important and broad range of issues. Some of them are ethical, some are economic and many of them are institutional.’ Just as this transformation has caught his imagination, so it will draw the best staff and students too, he believes. ‘Not only the traditional student who is drawn to this burgeoning legal area – for example, young people who picture a career in international economic matters, or climate change or human rights – but also the leaders of

A LEADER IN TRANSNATIONAL LAW

THINKING GLOBALLY, REMEMBERING THE 10 | Law Report | March 2013

STUDENT’S PERSPECTIVE

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tomorrow. The gift creates a buzz. There are charts of reputation for schools, but there is also the reality that, in a given year, a school is really alive and teeming with activity. It’s something you can sense, that students can sense. When that happens, you not only attract staff, you retain staff – because they’re just more productive in that kind of environment. Things click for them.’ That draw can already be seen in the appointments of the likes of Thomas Pogge and Allen Buchanan – ‘unbelievable appointments’, says Professor Caron. He’s taken part in a number of conferences with Professor Pogge, who is a ‘wonderful example of a really top academic, who focuses on the needs of the world even as he moves into very theoretical enquiry.’ Britain: the ideal venue

Again, it’s the broadness of scope and reach that appeals. ‘To address these transnational issues, we can mesh with the broader initiative of King’s – its global centres and the Department of War Studies. There are people in other parts of King’s and in London generally who can come together to make serious contributions. A big task is not only to facilitate that within the School and College, but also to make it translatable and digestible to the broader community, so it has a serious impact and helps everyone at this time of need.’ He believes Britain is the ideal venue for such a global transnational hub. ‘In its universities and in its mindset generally, Britain and its citizens are concerned with activity within its borders, while also viewing itself deeply as part of the world. Whereas the US can sometimes be more apart from the world, even though it’s so engaged with it at a political level. ‘I was attracted by the number of international students at King’s and the number of staff who are trained in other jurisdictions, reflecting both the Commonwealth and the European Union. That’s just very exciting.’ He recalls meeting a dean at a European university who said that the best place for a student to study law wasn’t his own country, but Britain. ‘That’s because the transnational world of the future will need to have a legal system to regulate relationships, particularly in economic matters. And some laws and courts are globally more respected and trusted than others. I think Britain and the US, because of the global confidence in their jurisdictions, will have a central place in this future legal world.’ 12 | Law Report | March 2013

David Caron: a global CV

David Caron is currently the C William Maxeiner Distinguished Professor of Law at the University of California, Berkeley. His scholarship covers international law and organisation, focusing on public and private international dispute resolution, international courts and tribunals, the United Nations, international environmental law, climate change and general theory of international law. He is a member of the World Economic Forum’s Global Agenda Council on the Rule of Law, the Executive Council of the American Bar Association Section on International Law and the US Department of State Advisory Committee on Public International Law. He is Co-Director of the Law of the Sea Institute and Berkeley’s Miller Institute on Global Challenges and the Law. He serves as a member of the Board of Editors of the American Journal of International Law. He is the immediate Past President of the American Society of International Law and a former Chair of the Institute for Transnational Arbitration. He was called to 20 Essex Street in 2009.

the students are older. ‘I visited one law school in the US and the staff there would all refer to the students as “the kids” – not as an affectionate term,’ he says. ‘To me, an important aspect of the law school at Berkeley is close engagement with the students as people who will be great lawyers and leaders of tomorrow, and helping them move on that path.’ Professor Caron’s own path has been fascinating and varied. As a teen, he chose to attend the US Coast Guard Academy ‘because I wanted some adventure in my life’, which he found in plenty after graduation when he became navigator and salvage diving officer aboard the new ���foot Arctic ice-breaker Polar Star. He discovered his love for academic study at the Coast Guard Academy. He first majored in physics ‘then decided that I cared more about people and the ordering of the world and so turned to political science. Later I entered law school with that emphasis: I probably pictured going to the State Department. And then increasingly this love of academic study came back.’ Academics and leadership

That’s important because the world, the legal world, is shrinking in other ways. ‘The legal profession is in transition and that’s partly the result of the slowdown in the economy. While I think growth will return to the legal profession once the economy comes back, the slowdown has also led to some transformations in the way law is practised.’ As the world changes, King’s must be flexible too. ‘The danger in academic institutions is that you think that, well, it went all right last year, let’s continue for another. And that’s just not the approach to take. You can never think that this is the same student that was satisfied last year. It’s always about: what does this group need? Faculty must start every encounter remembering that from the student’s perspective, every one of their few years at King’s must count. ‘The other big emphasis personally I have is to view students as younger versions of ourselves.’ That’s partly the result of his time at Berkeley, where law is a second degree and so

My wife and I look forward to British life and enjoying its cultures

His subsequent career has been a balance. On the one hand, the ‘academic voice which is a very private occupation: reading and thinking a great deal, synthesising, imagining and writing’. On the other, the combined, administrative and intellectual leadership side: ‘interacting with people, articulating a vision, mobilising resources, making plans, moving an institution, being excited with others about where we’re going. I’ve moved between the two a lot over my life.’ Today, he’s trim, fit and active – rather a classic Californian, perhaps. ‘I feel better at �� than I have at many other ages. I work at trying to be healthy and I do that because I have a wonderful partner. My wife, Susan Spencer, is my partner in every sense of the word, my best adviser in all things.’ He’s a passionate singer, who joined the Cardiff Polyphonic Choir when he went to the University of Wales as a Fulbright Scholar, travelling and performing all over the UK. ‘So, I’ve toyed with the idea of visiting King’s Chapel, and singing with the assembled.’ Other interests include archery – ‘just a wonderful mindset to it’ – and hiking. ‘Both my wife and I look forward to continuing that and to being very much a part of British life and enjoying the country and its cultures. We’re very excited about that.’

School news

Toulmins establish lecture series J ust months before he died, Judge John Toulmin CMG QC FKC and his wife Carolyn (Law, ����) established a lecture series at King’s exploring issues that connect law and psychiatry. The first lecture, Half a century of change: The evidence of child victims, will be given by Lord Judge, Lord Chief Justice, at ��.�� on �� March ���� in the Edmond J Safra Lecture Theatre. A former President of the European Bar and Chairman of the Board of Trustees of the Academy of European Law, Judge Toulmin was an active member of the King’s community for more than three decades, with a particular interest in the Institute of Psychiatry (IoP) and The Dickson Poon School of Law. He served as a Trustee of the

airman of the IoP, becoming Chairman Board of Trustees and a member ory Board. of the IoP’s Advisory He was nominated by the IoP as an independent member of ouncil. King’s College Council. Judge Toulmin was elected a Fellow of King’s College, orary Visiting appointed an Honorary ickson Professor in The Dickson aw, Poon School of Law, where he taught a course in dispute resolution, and honoured with the Helen Hudson Award, in recognition of his commitment to King’s. Judge Toulmin’s memoirs, Expanding the Horizons: On Active Service in

Staff member receives award for teaching excellence

D

r Ying Khai Liew, who teaches at The Dickson Poon School of Law, was presented with a Teaching Excellence Award for ����-�� after being nominated by many of his students for his innovative approach to teaching. Dr Liew was one of �� King’s academics to receive the award. Dr Liew’s nomination included these accolades from his students: ‘His delivery of the syllabus was simply outstanding by its

Dr Ying Khai Liew

clarity and completeness.’ ‘He has a highly innovative and interactive teaching style.’ ‘Remarkably motivating and interesting teaching, both in lectures and in tutorials.’ Dr Liew joined the School in September ���� as a lecturer. He obtained his LLB from King’s College London with highest honours in ���� and his PhD from the University of Nottingham in ����. His primary research interests are in the field of trusts law.

Law and Education, featuring a foreword by the Right Honourable Kenneth Clarke MP, were published in ����. If you wish to attend Lord Judge’s �� March lecture, followed by a reception in Somerset House East Wing, please email gemma.noyce@ kc kcl.ac.uk. Dress is business casual.

A note of caution regarding human enhancement

T

echnologies that enhance human functions such as memory, hearing and mobility could dramatically change how people work over the next decade, according to a workshop hosted by four of the UK’s national academies and chaired by Professor Genevra Richardson of The Dickson Poon School of Law. The report, Human enhancement and the future of work, points out that although human enhancement technologies might improve performance and aid society, their use would raise serious ethical, philosophical, regulatory and economic issues that will need further consideration. The report follows a joint workshop hosted by the Academy of Medical Sciences, the British Academy, the Royal Academy of Engineering and the Royal Society which considered cognitive enhancing drugs, bionic limbs and retinal implants among other current and emerging technologies

that may revolutionise UK workplaces. The report emphasises the immediate need for further discussion and debate around such issues as potential harm to individuals, coercion by employers and concerns related to equity and fairness. ‘There are a range of technologies in development and in some cases already in use that have the potential to transform our workplaces – for better or for worse,’ said Professor Richardson. ‘There are a few technologies that are likely to have a big impact in a relatively short space of time but there is a lot we don’t know yet about how these advances might affect work. What is clear is that a cross-disciplinary approach will be needed to get a better understanding of how best to proceed. Scientists and engineers will need to work together with social scientists, philosophers, ethicists, policymakers and the public to ensure that the benefits are realised while the risks are minimised.’ March 2013 | Law Report | 13


School news

An outstanding moot competition result

F

or the second consecutive year, King’s reached the finals of the Foreign Direct Investment (FDI) Moot Competition, held in Boston, USA. The team, consisting of LLB students Marcel Behringer and Laurence Hanesworth, reached the finals after progressing through rounds against teams representing several universities, including Harvard. The paired faced Ottawa University before a final tribunal. In a very close final match, the King’s team finished as runners-up in the overall competition. The team was coached by Nima Tabari, Metka Potocnik and Emily Schäfer under the supervision of Dr Federico Ortino. Tabari said the team deserved this impressive result, which reflected their sheer dedication and hard work, despite facing

many challenges. ‘The competition this year was of exceptionally high quality with a record number of �� teams worldwide,’ he said. ‘The FDI Moot is inherently

Laurence Hanesworth, left, and Marcel Behringer

Alumna receives Fulbright

M

ariya Dimitrova, an LLB graduate from The Dickson Poon School of Law, has been awarded a Fulbright Scholarship to study in the US in September ����. After successfully completing the comprehensive application process, Dimitrova also attended an interview with the Fulbright Commission in her home country of Bulgaria. Elated to have received the award, Dimitrova said: ‘I feel very honoured to have been awarded the Fulbright Scholarship, which is undoubtedly a great opportunity for further academic and professional development. I would like to thank all my tutors who so kindly provided their assistance, and in particular my personal tutor Professor Penney Lewis, whose support and reassurance were key to 14 | Law Report | March 2013

designed for LLM and JD students with knowledge of investment law and investment treaty arbitration and this year’s moot problem was of a highly technical nature.’

being awarded this prestigious scholarship.’ Professor Lewis termed the award ‘wonderful news for Mariya and for The Dickson Poon School of Law. Mariya is a dynamic, hard-working and ambitious young woman who will undoubtedly make the most of this fantastic opportunity.’

Mariya Dimitrova

Legitimation of war questioned

M

ore than ��� students and staff members attended the November screening of John Pilger’s compelling film The War You Don’t See. Organised by the International State Crime Initiative (ISCI), the screening was followed by a questionand-answer session with Pilger, as well as a photographic exhibition. ‘John Pilger’s investigative journalism provides a powerful counter narrative to conventional and mainstream media accounts of war and conflict,’ said Professor Penny Green, ISCI Director. ‘The legitimation of war by the media is one of the most serious and urgent issues of our time and John Pilger has devoted a celebrated career to challenging that legitimation.’

Staff and students learn about Sergei Magnitsky

I

n December, several students and staff members from The Dickson Poon School of Law attended the play One Hour Eighteen Minutes, a verbatim theatrical production chronicling the death of Sergei Magnitsky, followed by a postperformance discussion at the New Diorama Theatre. Magnitsky, a ��-year-old Russian lawyer representing London-based Hermitage Capital Management, uncovered what he described as a web of corruption involving Russian tax officials, including the alleged theft of more than ���� million. After exposing the corruption, Magnitsky was arrested and detained by authorities. He died while in detention in November ����. One Russian report concluded that he had been tortured in jail. The play’s four actors (Alan Francis, Wendy Nottingham, Rebecca Peyton, and Danny Scheinmann) each switched between a number of roles. Following the play’s conclusion, three of the actors participated in the question-and-answer session chaired by Senior Lecturer Jane Henderson. ‘They explained that playwright Elina Gremina’s original Russian version of the play had been staged in Moscow in ����, but the translated version we watched had been updated as a result of added testimony volunteered by those who knew key characters,’ says Henderson. ‘A number of the people associated with Magnitsky – his wife, his mother and lawyers who had advised him and them – are now in England. They came to see the play, and gave very positive feedback.’ Legislation is pending in the United States and in the European Union that would forbid entry to those identified as having been involved in the mistreatment of Magnitsky, and their near relations.

King’s honours Robin Morse and Katherine Grainger

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he College hosted the sixth annual King’s Awards ceremony in November to recognise staff members for a range of achievements, including contributions to the student experience, public engagement and lifetime achievement. From The Dickson Poon School of Law, Professor Robin Morse FKC was presented with

a Lifetime Achievement Award and Olympic gold medalist Katherine Grainger CBE received the Principal’s Award. Professor Morse has been a member of staff in The Dickson Poon School of Law since ���� and professor of law since ����. A former Head of the School, he is an editor of Dicey and Morris on the Conflict of Laws, Benjamin’s Sale of Goods and

Chitty on Contracts as well as the author of numerous articles and contributions to books on private international law. He is a member of the European Group for Private International Law. Grainger brought home gold in the double sculls at Eton Dorney after winning silver at the three previous Olympics. Please see pages ���� to read more about Grainger.

Professor Robin Morse FKC, left, with the Principal, Professor Sir Richard Trainor, at the King’s Awards ceremony

Staff list

Head of School

Professor Timothy Macklem Academic and teaching staff

For more information about The Dickson Poon School of Law and its staff, visit the School’s website at kcl.ac.uk/schools/law

Professor Tanya Aplin Dr Dennis Baker Professor Andrea Biondi Professor Robert Blackburn Professor Benjamin Bowling Professor Roger Brownsword Professor Phillip Capper Professor Keith Ewing Mr Stephen Gilmore Professor Jonathan Glover Professor Penelope Green Professor Jonathan Harris Mrs Jane Henderson Dr Ori Herstein Professor Richard Hooley Professor Jeremy Horder Professor Sir Francis Jacobs Professor Alison Jones

Professor Satvinder Juss Mr Perry Keller Dr Christoph Kletzer Dr Prabha Kotiswaran Ms Barbara Lauriat Professor Penney Lewis Professor Gordon Llewelyn Professor Eva Lomnicka Professor Timothy Macklem Professor Maleiha Malik Mr Paul Matthews Professor Aileen McColgan Professor Christopher Morse Dr Cian Murphy Dr Aruna Nair Dr Tunde Ogowewo Dr Federico Ortino Dr Nicola Palmer Professor John Phillips Professor Lord Raymond Plant Professor Elaine Player Professor Joseph Raz

Professor Plant at Gresham College Professor Lord Raymond Plant has been appointed Gresham Professor of Divinity by Gresham College and the Corporation of London. The appointment will see him deliver �� lectures over three years on a general theme of ‘Religion and Values in a Liberal State: The Morals of Markets’. Gresham College has offered free public lectures in the City of London for more than ��� years, and currently runs more than ��� public events each year. The College has eight professors from academia and industry who give regular lectures across a range of subject areas. The divinity chair dates back to the College’s founding in ����. Professor Plant is a Labour peer and sits in the House of Lords with the title of Lord Plant of Highfield. His hourlong free public lectures will take place at the Museum of London. They will focus on some of the central ideas and principles that make up a liberal democratic society and its associated market economy, looking in detail at what a theological understanding can add to these questions. More information is available at gresham.ac.uk Professor Genevra Richardson Dr Irit Samet-Porat Dr Michael Schillig Dr Eloise Scotford Professor Rosamund Scott Professor Cindy Skach Dr John Stanton-Ife Mr Alexander Steel Dr Eva Steiner Professor Ravindra Tennekoon Dr Christopher Townley Dr Leslie Turano Taylor Professor Alexander Turk Ms Patricia Walsh Dr Philippa Webb Professor Leif Wenar Professor Richard Whish Professor Robert Wintemute Professor Karen Yeung Dr Lorenzo Zucca

March 2013 | Law Report | 15


What drew you to the study of law in general and to the specific topic of abnormal offenders?

I think I developed very early a strong interest in justice and, perhaps more importantly, injustice. I know this sounds like a big cliché but reading books like To Kill a Mockingbird made me want to have the knowledge and skills to be involved in righting injustice. Watching LA Law on TV clinched it for me. How exciting did that make law appear! In my undergraduate law studies, I especially enjoyed criminal and medical law, so the decision to concentrate on legal aspects of psychopathy when completing an MPhil seemed a simple one. Can you provide an overview of your thesis?

It centres on the whole life order, the most extreme punishment available to the judiciary when sentencing those convicted of the most heinous of crimes. It traces the genesis of the sentence, analysing the political and the legal background as well as looking at the practical implications of the whole life order. With the sentence under threat from appeals

currently being considered at the European Court of Human Rights, the entire future of the sentence is in question, so it’s all at a very interesting stage. What applications might there be for your work – will it be valuable for policymakers or others?

The work is a case study of how, since the abolition of capital punishment, continuing further pressure for change has come from the public, the media, politicians and the European Court and of how lawmakers and the criminal justice service have taken account of these interweaving pressures. I would be flattered to think that the analysis of these complex interactions was thought to be of value to those involved in policymaking. Were there some surprises along the way – findings that overturned some of your assumptions?

The main surprise was just how rewarding and fascinating the interviews with relevant people were. I interviewed many politicians, prison and police professionals, representatives from pressure groups, in addition, of course, to judges, barristers and solicitors. Without exception they were not only intelligent and knowledgeable, which I expected, but also patient, generous with their time and interested. I was genuinely inspired by their consideration and their wonderful enthusiasm. Not once did I get a whiff of any jaded or cynical comment.

Your work involves learning about some terrible crimes, and reading about heinous murders must be unsettling. How have you dealt with that?

The background reading about the offenders and their offences could be pretty gory or upsetting but it didn’t affect me much to be honest. It tended to have a stronger effect on anyone sitting next to me on flights or trains. It certainly was an easy way to get into – or out of – conversation with strangers. My reading choice at training camps also fascinated my rowing colleagues. You were quoted in the Telegraph as saying, ‘I have always had a very strong sense of justice and injustice’ – could you expand on that?

One of the earliest things that made me aware of injustice was the fact that my sister was bullied at school. Although it started when I was young, I remember feeling frustration and a deep sense of injustice that something so unfair was happening to a lovely person who did not deserve it. Even now the thought of that bullying affects me. Seeing it closely in action made me more sensitive to noticing examples of unfairness ever since. It’s not always easy to do anything about it but we should always try to do what we can. Did you interview any criminals serving life sentences?

Not yet. The prison service does not seem very keen on that, but I live in

hope. I have had a lengthy, ongoing correspondence with someone serving a whole life order and whose case is central to the current critical European appeal. Like others I have interviewed, he has been incredibly helpful and cooperative. How do you juggle work on your thesis with the demands of athletic training?

Not very well might be the answer! I certainly have taken a long time to get to the final stretch of the thesis. It’s hard for people to understand that our training involves six days full-time and one day part-time each week, every week, for �� weeks of the year. At the end of each day’s training you can feel so physically exhausted, doing anything can be an effort. Then there are the frequent compulsory overseas training camps which make trips to the library or to see your supervisor difficult. On the other hand, I have loved being able to switch off from athletic training to get immersed in reading or studying. I would have hated having nothing other than training in my life. Often homicide has kept me sane! What’s next for you? Will you be working with the law in some capacity?

That’s the toughest question of all! It possibly has the simplest answer: I just don’t know. Post-Olympic life has been so utterly unreal and nonstop that I have not had a minute to really think the future through. One day, I must.

A STRONG SENSE OF

JUSTICE AND INJUSTICE Katherine Grainger shares what drove her to study the UK’s whole life order

Katherine Grainger, with her Olympic gold medal, at October’s KCLA Games 16 | Law Report | March 2013

March 2013 | Law Report | 17

CHARLIE GRAY

Olympian Katherine Grainger is best known as the UK’s most successful female rower ever. She won gold at the 2012 London Games, after bringing home silver medals at the three previous Olympics. For the past few years, she has been King’s most widely recognised law student, as she has worked on her PhD. She completed her thesis in late 2012, and talks about it here.


MICHAEL DONALD

A new programme links King’s law students with alumni who are practising barristers and solicitors

GOOD ADVICE FROM THOSE WHO’VE BEEN THERE

Brian Altman QC has led for the prosecution in many of Britain’s highest-profile criminal cases, including the conviction of Levi Bellfield for thee murder of Milly ost recently the Dowler and most gations against Irfan terrorism allegations Naseer, Irfan Khalid and Ashik Ali. es unerring confidence. His job requires he ���� LLB graduate However, the aking the transition recalls that making from King’s to the workplace was a ess. Even applying for confusing process. a pupillage wass a daunting challenge. ‘I remember all sorts of mistakes I he way because I didn’t made along the mation,’ says Altman. have the information,’ Although he believes today’s students graduate with a better sense of how to ers, he’s also convinced start their careers, ed solicitors and that experienced barristers can play a role in helping students make that transition. mni Office established King’s Alumni entoring programme a a formal law mentoring an a year ago, matching little more than practitioners with second-year an paired up with students. Altman miles (LLB, ����� to Sarah-Jane Smiles tudents over the course mentor three students ths. of several months. ovely to see them come ‘It’s been lovely to it, as I was at that fresh-faced into iles. ‘Just to see their time,’ says Smiles. nd to go through their excitement and ith them and help point applications with ght direction – and give them in the right them, I hope, advice that they’re oing to get anywhere probably not going else other than from people who are doing the job.’ rrister for the Nursing Smiles, a barrister y Council, says she and Midwifery was in regular contact with the students from October to February, 18 | Law Report | March rch 2013

It can be a little hard to understand how to get there, to actually be a barrister

sharing insights into how she made the transition from law school to the workforce, explaining some of the everyday challenges of being a barrister or solicitor. The three students shadowed Smiles for two days at a panel of the Conduct and Competence Committee, observing proceedings against a nurse for misconduct, and she made sure to set aside time throughout both days so they could ask her questions. They also spent a week watching Altman at a trial.

me mentored by Altman and Smiles, As Ashleigh Hunt, says the programme ga gave her insight ‘into the practical si side of the law and how barristers wo work on a day-to-day basis, which is something we don’t cover at all in class. ‘Being behind the scenes in the Old Ba Bailey was an amazing experience fr from a historical point of view, pa particularly as I had never visited it be before,’ says Hunt. ‘If you are looking fo for a snapshot of what your intended fiel field is like, the alumni programme is an extremely good place to start.’

Opening students’ eyes

Alumnus Sarah-Jane Smiles and student Sam Shurey

One of the students mentored by Altman and Smiles, Sam Shurey, says he was thrilled to watch Altman in the courtroom and enjoyed learning about Smiles’ work in a tribunal setting. He says the programme provided ‘a perfect opportunity to clarify the route that I want to follow’. ‘Sometimes it can be a little hard to understand how to get there,’ he says, ‘to actually become a barrister.’ Shurey says the experience opened his eyes to the reality of the current climate. For example, during his time with Altman he learned more about cuts to Legal Aid. Nevertheless, he adds, he’s more certain than ever that he wants to practice as a barrister in criminal law. Another student

Staying in touch St

Li Altman, Smiles wishes she Like ha had been mentored as a student. ‘I’m fortunate in that when I was at King’s there was so much going on, th there were so many groups you could ge get involved in,’ she says. ‘What it particularly lacked when I was a st student was there were lots of law firm firms coming and courting you for tr training contracts, but there wasn’t mu much exposure if you wanted to go to the Bar. I don’t know if it’s because pe people are self-employed at the Bar an and it was harder, but you really had to find those opportunities yourself.’ While the formal period of me mentoring ended in February, Smiles in invited the students to stay in contact, wh which they’ve done. ‘I quite like giving back to the st students who want to enter the pr profession,’ says Altman, who has al also lectured in advocacy training. ‘I ‘If their questions are being answered by someone who is experienced, their co confidence will grow.’ To learn more about the programme, pl please contact mentoring@kcl.ac.uk March 2013 | Law Report | 19


BRINGING OBJECTIVITY TO AN

EMOTIONAL ISSUE In the fraught debate on legalising assisted dying, Professor Penney Lewis provides a dispassionate viewpoint based on years of research

Death is the great leveller. But equality in choosing the way we die still eludes us. Several European countries – the Netherlands, Switzerland, Luxembourg and Belgium – as well as some American states now have legal frameworks that allow assisted dying. So why are terminally ill and disabled people in the UK still forced to put doctors, friends and family at risk of criminal prosecution if they ask for help? Dissecting the legal complexities of euthanasia and assisted suicide has been a rewarding and stimulating area of research for Professor Penney Lewis for the past �� years. ‘My interest was sparked back in ���� when working as a clerk in the Supreme Court of Canada,’ she says. ‘I witnessed the famous attempt by Sue Rodriguez, who tried to strike down a criminal prohibition on assisted suicide using constitutional rights but lost her battle.’ Since then, Professor Lewis, who is based in the Centre of Medical Ethics and Law at King’s, has been 20 | Law Report | March 2013

Professor Penney Lewis welcomes the opportunity to work on an issue that affects everyone

examining the issue of legal change in the field, comparing and contrasting the different jurisdictions that grant more freedom to people who want to choose how and when to die. It’s a highly emotive topic that generates impassioned debate on both sides. Many believe it is fundamentally unjust that people are not free to ask for assistance. Equally fierce are the arguments against the potential danger of introducing a slippery slope that could lead to involuntary euthanasia. ‘Although recent British Social Attitudes surveys show that the majority of people are in favour of assisted suicide, Parliament is still unwilling to accept it,’ says Professor Lewis. ‘And significantly, the majority of the medical profession here do not support it.’ This impasse is regularly challenged by people demanding greater control over their deaths. Most recently, Tony Nicklinson, who suffered from locked-in syndrome, launched an unsuccessful campaign

in the courts, and other high-profile cases include Dianne Pretty and Debbie Purdy. Public interest in these stories means that Professor Lewis is frequently called upon to provide an expert viewpoint in the media, adding another facet to her portfolio of skills. ‘I can go six months with nothing and then suddenly be in demand doing television and radio interviews and writing comment pieces. I enjoy doing it. There is so much misinformation out there, it’s important that I can offer some objectivity based on my research,’ she says. Different nations, different cultures

Professor Lewis’s in-depth examination of how different countries have tackled the issue has contributed to her pre-eminence in the field. Last year, she gave evidence to the Commission for Assisted Dying. The work of the commission has fed into a draft bill from the Choice at the End of Life

All-Party Parliamentary Group, which will eventually be presented to Parliament by Lord Falconer as a private member’s bill. When asked how she views the various systems, she is careful to emphasise that each has its pros and cons and reflects its country’s distinct culture and society. ‘Currently, I favour the Dutch system, which allows doctors to use the defence of necessity when relieving the patient’s suffering, but you couldn’t necessarily replicate that here. Firstly, the Dutch are more pragmatic about death as they are about many other things. Secondly, their medical system has a strong emphasis on the care of older people. In the Netherlands, you can work as an old people’s home doctor. We don’t even have that type of role here. And people frequently have a long relationship with one GP who knows their needs and condition very well.’ In this country there is certainly greater sensitivity in broaching the issue, which has contributed to the lack of formal change in the statute

books. However, the Director of Public Prosecutions (DPP) policy on assisted suicide, in force in England and Wales since ����, means that individuals are unlikely to be prosecuted for helping someone to commit suicide as long as they are motivated by compassion. ‘Following the House of Lords finding in favour of Debbie Purdy’s fight to protect her husband from prosecution, I was surprised the DPP issued such a broad policy. There are no restrictions on what kind of condition the victim has and it allows assisted suicide even in cases of depression,’ says Professor Lewis. ‘But people still have to rely on family and friends and cannot ask for help from healthcare professionals.’ Having devoted so much time and intellectual energy to an area that many think morbid and not particularly mood-enhancing, Professor Lewis is keen to underline how much satisfaction she gains from her involvement. ‘I enjoy the exposure to dilemmas

It’s important that I can offer some objectivity based on my research

facing real people. Academics, especially in law, don’t always have the opportunity to work on subjects that affect us all,’ she says. ‘I’ve also been a member of the clinical ethics committee at St Christopher’s Hospice in Sydenham since ����, where I deal with wide-ranging issues related to decisions involving terminally ill patients.’ Praise from students

At King’s, her research feeds directly into the MA in Medical Ethics and Law programme, which she redesigned with colleagues recently to offer a more flexible, modular structure. Its popularity led to MA students awarding her the President’s Wreath in the ���� King’s College London Student Union Awards. Describing her as ‘an outstanding teacher, attentive and astute tutor and a first class administrator’, student Steven Rhodes commented: ‘Penney Lewis represents everything a student wants in a professor.’ March 2013 | Law Report | 21


JULIAN ANDERSON

AN EVEN BRIGHTER

FUTURE With the School’s new Moot Library in place, King’s law students are better prepared than ever for international moots

King’s law students have recorded several noteworthy mooting performances in recent years, winning the Willem C Vis International Moot in ���� and the FDI Moot in ����. They recorded these achievements despite not having a dedicated moot courtroom or sufficient library resources. Preparing for moot competitions has become slightly easier during the past year, first with the opening of the new moot courtroom in Somerset House East Wing. Now, through the generosity of donors, The Dickson Poon School of Law has opened its first Moot Library, providing students with journals, treatises and practitioners books that allow members of King’s teams to prepare as never before. ‘Not only is mooting presentation similar that of a real legal case, but the preparation for a moot is also very realistic in that students go through all-nighters. There are a lot of discussions, strong disagreements and even the occasional fight,’ says Nima Tabari, visiting tutor, mooting coach and Moot Library project leader. ‘But mooting goes even beyond the realms of real legal cases, because a moot is designed to test the students’ advocacy skills alongside their overall knowledge of the law.’ Tabari says teams in recent years have cobbled together the necessary 22 | Law Report | March 2013

Mooting goes even beyond the realms of real legal cases

For students such as Margarita Garova, right, and Manou Ginter, next page, the Moot Library is an incredibly valuable resource

resources, borrowing books from coaches and reading important professional practitioners titles in the Institute of Advanced Legal Studies (IALS) library, which isn’t open to undergraduates. ‘This year we got to the final of FDI and came in a close second. Our team did a great job, but it was a small team of two undergraduates, who didn’t have access to any of the essential volumes in IALS. There are certain elements of showmanship when mooting, and there are few better ways of rebuttal in a competition than being able to turn to a specific page and quote directly from a volume in front of you, because there is then no argument as to the diligence of your research,’ says Tabari. ‘Reading the problem and mooting language work can be polished with practice and with coaching, but the research part of mooting, although guided by the coaches, is something that the students really have to do themselves, and that’s where the problem starts. Students need to have unlimited access to specific titles which are not textbooks, per se, but practitioners books. Practitioners books are very expensive and volumes sometimes cost up to ����. Consequently, there are limited numbers of them in the library, most of which are

reference and cannot be taken out.’ Tabari says the Moot Library is already making a big difference, allowing students to take books with them to competitions, which was impossible in previous years. ‘The moots we compete in are typically centred around very fast-moving fields, commercial arbitration, investment arbitration and WTO Law being just three. Although the libraries at King’s and the IALS are generally very good and regenerate their stock, the policies involved to buy new volumes take some time. With the support of the

Students need to have unlimited access to specific titles

Annual Fund, the Moot Library has been able to pre-order titles which have not yet been published.’ Tabari says the School is in the process of approving a new, specialised mooting course, which would require the Moot Library as a standing resource. Access to the library is currently limited to members of mooting teams, but if the course wins approval, access would be expanded and a greater number of titles would be required to cover the course’s core reading list. ‘We also need to build on King’s existing success in mooting competitions,’ he says. ‘Members of our successful mooting teams have an extremely high level of employability. To be able to go to an interview and say, “I’ve won the FDI moot” is an absolute show-stopper.’ Tabari adds that with nearly ��� teams participating in competitions such as the Willem C Vis Moot, a strong performance by King’s helps attract undergraduates at other universities who are considering a graduate programme in law. Thanks to members of the Principal’s Circle and other donors, projects such as the Moot Library can truly improve the lives of our students. To find out more about supporting law students, contact the Leadership Giving Team on ��� ��� ���� ���� or email giving@kcl.ac.uk March 2013 | Law Report | 23


View from the Strand Saviour Cathedral. Madonna was one of a number of high-profile celebrities who spoke out on their behalf. She herself faced prosecution in Russia for ‘homosexual propaganda’ as a result of her on-stage activities during a concert in Saint Petersburg in August. Five months earlier, Saint Petersburg had adopted a local bylaw imposing a fine for public dissemination of propaganda among minors of homosexuality, lesbianism, bisexualism and transgenderness. Madonna’s trial in her absence was on November ��, but the prosecution completely failed. The judge dismissed the case within half a day for want of evidence. At one point, according to RAPSI (the Russian Legal Information Agency), the judge lost his temper while viewing shaky video footage from the August concert that is at the heart of the case and trying to spot minors whose sexual orientations

FROM

MADONNA TO CAROUSEL VOTERS

Senior Lecturer Jane Henderson reviews a year of Russian law in the news, not always for the best of reasons

24 | Law Report | March 2013

Russians turned out to protest the heavyhanded tactics of Vladimir Putin

might have been adversely affected. Other highlights included a defense attorney questioning the legitimacy of the collaborative site Wikipedia as a source of evidence.� The RAPSI blog, which recorded live updates of the trial, included the judge warning journalists to stop snickering and the entry ‘��:�� The judge is puzzled. Why doesn’t it bother you when men hug while celebrating Navy Day, the judge asks.’� Unintended levity aside, homophobia remains a problem in Russia, where a number of other local legislatures have adopted similar bylaws conflating homosexuality with paedophilia. The death of Sergei Magnitsky

Another news event relating to Russia is based on legislation, but in this case it is legislation in process in both the US and the EU. These drafts have kept in the public mind the name of

Sergei Magnitsky, a whistle-blowing Russian lawyer who died in pre-trial detention on �� November ����. If adopted, a blacklist will be set up of persons suspected of involvement in either Magnitsky’s death, or the massive fraud he uncovered. Those on the blacklist, and their close relations, will be banned from entry to the jurisdictions covered. (See the news item on page �� about a play based on verbatim transcripts of the investigation into Magnitsky’s death.) In the absence of prosecution for corruption, the ‘Magnitsky list’ is an effective sanction on the malefactors, as it will deny them the possibility of enjoying their ill-begotten gains in a number of fashionable locations. Elections in Russia – both to the State Duma in December ���� and the Russian presidency in March ���� – made news headlines, not necessarily for the best of reasons. The Duma elections particularly were

Muscovites protested on a scale not seen for a couple of decades

marred by irregularities. Social media and mobile phone footage brought to the attention of many blatant ballot box stuffing – literally, by an official posting handfuls of ballot papers into the box, and by busloads of socalled ‘carousel voters’ being driven to different polling stations to vote repeatedly. This arrogant effrontery brought protesters out onto the frozen Moscow streets on a scale not seen for a couple of decades. Trading jobs

There was already a sense amongst electors of manipulation arising from the sudden announcement in October ���� that President Dmitry Medvedev would not run for a second term of office; instead, the previous president, Vladimir Putin, who was then serving as Medvedev’s Prime Minister, would be the candidate. An impression was given of cynical manipulation of the

rules on presidential office holding. The Russian Constitution forbids a president to serve more than two terms in succession but it does not forbid a return after an absence. More locally, Russia has been in the news in relation to King’s as a result of the successful launch in ���� of the Russia Institute. The Institute’s first Director, Dr Sam Greene, is a social scientist renowned in the field, and King’s is truly fortunate to have him in post. I am looking forward to collaborating with him and other members of the Russia Institute. The Institute’s inauguration completes the set of King’s Institutes dealing with the BRIC countries – Brazil, Russia, India and China. Jane Henderson is a senior lecturer at The Dickson Poon School of Law. Her book The Constitution of the Russian Federation: A Contextual Analysis was released by Hart Publishing in ����. �. Andy Heil ‘Huge Russian Lawsuit Against Madonna For Homosexual Propaganda Tossed’ Radio Free Europe/ Radio Liberty Report �� November ���� available at rferl.org/content/ russia-madonnatrial-spreading-homo sexuality/�������� �. Ingrid Burke and Vladimir Yaduta, ‘Madonna gay propaganda trial – live updates’ �� November ����, available at rapsinews. com/ judicial_news /��������/ ���������

March 2013 | Law Report | 25

KIRILL KUDRYAVTSEV/AFP/GETTYIMAGES

Russia has been in the news again: on the international front, for events at home and, more locally, within King’s. Internationally, Russia’s position over the civil conflict in Syria has come under scrutiny. More positively, after one of the longest negotiations on record, Russia is now a member of the World Trade Organisation. There are also hopes that the visa regime with various countries including EU member states may be simplified; any reader who has had to deal with the current Russian visa application form will have their fingers firmly crossed in a positive wish for this. A number of domestic Russian events have made the British news over the past year or so. Headlines were generated by the Pussy Riot trial, with the conviction of three (and subsequent release of one) of the participants in the ‘punk rock prayer’ staged in Moscow’s Christ the


Events & Benefits REX FEATURES

Events John Toulmin Lecture in Law and Psychiatry Series Date: ��.��, �� March ���� Venue: Edmond J Safra Lecture

Theatre, Strand Campus Lord Judge, Lord Chief Justice, will present Half a century of change: The evidence of child victims, the first lecture in this new series established by the late Judge John Toulmin CMG QC FKC and his wife Carolyn (Law, ����). If you wish to attend Lord Judge’s lecture, followed by a reception in Somerset House East Wing, please email gemma.noyce@kcl.ac.uk. Dress is business casual. Law Alumni Spring Lecture 2013 Date: Doors open at ��.��,

�� May ����

Venue: Edmond J Safra Lecture

Theatre, Strand Campus Professor of International Commercial Law Jonathan Harris will deliver the spring lecture. Professor Harris is an editor of Dicey, Morris and Collins: The Conflict of Laws and of Benjamin’s Sale of Goods. He is the co-editor (and co-founder) of the Journal of Private International Law. He serves on the British Institute of International and Comparative Law’s Private International Law Advisory Panel. For more information about the lecture, please contact the Alumni Office on ��� (�)�� ���� ����, email alumoff@kcl.ac.uk or visit alumni.kcl.ac.uk Alumni Weekend 2013 Date: �-� June ���� Venue: Multiple locations, Strand

Campus and beyond King’s ��th annual Alumni Weekend will feature a variety of lectures, tours, entertainment and opportunities for catching up with old friends, open to alumni from all graduation years, schools and merged institutions. This year’s theme is King’s: your global passport, so come back to campus for an exciting series of internationally themed events. For more information about Alumni Weekend ����, please visit alumni.kcl.ac.uk/events or contact the Alumni Office at alumoff@kcl.ac.uk Law Report | March 2013

Above: Lord Judge, Lord Chief Justice, gives the first John Toulmin Lecture on 20 March To catch up with law alumni, visit the alumni directory at alumni.kcl.ac.uk

Benefits Online journals

King’s alumni now have free access to JSTOR, giving them access to hundreds of online academic journals. JSTOR is a high-quality, interdisciplinary archive of scholarship, with more than �,��� journals in both digital and print formats. To access a link to the range of JSTOR journals, please log in to Alumni Online (alumni.kcl.ac.uk) or register to become a member (‘new user registration’ link). Once you

receive a confirmation email, you can then access a full range of alumni benefits, including access to the JSTOR link. To learn more, please visit alumni.kcl.ac.uk Careers directory: King’s Connections

King’s Connections is an online database of King’s graduates who have volunteered to share their career experiences with current students and alumni. If you would like to be a volunteer, or if you would like to search for alumni in your field, please visit alumni.kcl.ac.uk/careers King’s email address

As a member of Alumni Online, the free King’s web community, you can set up a King’s email address for professional and personal use. Visit alumni.kcl.ac.uk/email to find out more. Alumni discounts

There are currently more than �� discounts for King’s alumni listed on Alumni Online. Check out the wide range of exclusive deals. Visit alumni.kcl.ac.uk to learn more.

Law Report March 2013  

Law Report March 2013

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