THE QUTLS STUDENT MAGAZINE
THE AMONG US ISSUE
THE GAVEL N O N - F I C T I O N & E S S AY S
|
FICTION
|
P O E T RY
|
BOOK REVIEWS
The Gavel
ACKNOWLEDGEMENT OF TRADITIONAL OWNERS
The Queensland University of Technology Law Society (QUTLS) acknowledges the Turrbal and Yugara, as the First Nations owners of the lands where QUT now stands. We pay respect to their Elders, lores, customs and creation spirits. We recognise that these lands have always been places of teaching, research and learning.
The QUTLS acknowledges the important role Aboriginal and Torres Strait Islander people play within the QUT community
RECONCILIATION We recognise that Aboriginal and Torres Strait Islander peoples are the custodians of the land, and have a traditional association with the land in accordance with their laws and customs. We acknowledge that for reconciliation to be sustainable over time, local communities and institutions must support, and be involved in, the process. We are committed to inclusion, reconciliation and consultation to ensure the future of Australia is one where our First Peoples are afforded equal opportunity.
In 2021, the QUTLS welcomes commencing First Nations students, and wish you every success in your studies and beyond.
The Gavel
ACKNOWLEDGEMENTS The QUT Law Society would like to thank the following firms for sponsoring this issue of The Gavel: Ashurst
Jones Day
Baker McKenzie
Johnson Winter & Slattery
Clayton Utz
K&L Gates
Corrs Chambers Westgarth
King & Wood Mallesons
DLA Piper
Norton Rose Fulbright
Gilbert + Tobin
Piper Alderman
Herbert Smith Freehills
QUT PLT
HopgoodGanim Acknowledgement must also go to the following people for the creation of the Guide: Alexandra White, Director of Media and Communications Ashton Darracott, Publications Officer Ciaran Greig, Publications Officer Ben Steele, Design Officer Kristina Vang, Design Officer
Illustrated by Ben Steele and Kristina Vang. Thank you to all of the contributors whose work appears in this magazine. Your time and effort is greatly appreciated.
The Gavel
FROM THE PRESS ROOM Hello! Welcome to the new and improved QUTLS student magazine, The Gavel! The Gavel used to be Torts Illustrated, and while Torts Illustrated is a spunky and clever play on words, the 2021 Media Comms team decided that it was time that the QUTLS started to take its writing and publishing seriously. And what could be more serious than that small wooden hammer that judges bang in court in the American TV shows and movies? Inside this issue of The Gavel, you’ll find a collection of non-fiction and essay pieces ranging from Taylor Swift’s colourful legal history to the competition law consequences of European football, fiction, poetry, and book reviews. We extend an enormous thank you to everyone who submitted; the quality was excellent and we cannot wait to share the insights and experiences of our fellow QUT Law students with the broader community! A huge thank you must also go to the following Media Comms team members for their work this semester: Alex White, the Director of Media and Communications, and Kristina Vang and Ben Steele, our talented Design Officers. The Gavel wouldn’t be possible without your vision, drive, and dedication. The Media Comms team and the rest of the QUTLS wishes you happy reading, good luck with your exams and final assignments, and have an excellent semester break! We can’t wait to see everyone back on campus for semester 2! All the best, Ciaran and Ashton Publications Officers
CONTENTS Non-f iction and Essay
Fiction 20
Summer After
22
Melt
Taylor Swift and the Law
1
Among Us
3
The Imposter
5
Among and Between Us: Indigneous Justice Elective at Cherbourg
7
A Love Letter to All the Jim Halperts and Leslie Knopes at Law School
9
Keeping the Imposter Out
13
Explaining the US Electoral
15
Living in a Susiety
18
Poetry 26
My Week Illustrated
28
the fool card, among us
29
Tongue Tied
Book Reviews The Truth Hurts
31
A Secret Australia
33
NON-FICTION AND ESSAY
The Gavel
TAYLOR SWIFT AND THE LAW By Alexandra Feeney
In response to this claim that she was lying, Swift countersued for sexual assault with the claim thathe had groped her. She sought damages of $1 USD. She was quoted as stating in cross-examination, "I'm not going to allow you or your client to make me feel in any way that this is my fault, because it isn't. … I am being blamed for the unfortunate events of his life that are a product of his decisions and not mine”. Swift won this case. The Judge noted that Swift "did not act inappropriately” in reporting the assault and was later awarded her $1 USD (which she donated to charity).
But if he drops my name, then I owe him nothing And if he spends my change, then he had it coming. Taylor Swift, Reputation, 2016
T
HROUGHOUT HER CAREER, TAYLOR SWIFT has been characterised by many stereotypes. America’s sweetheart. A ‘snake’. And, like many other Americans before her, ‘extremely litigious’. To fully understand the role of Taylor Swift as both a modern poet and a magnet of legal disputes a brief overview of these disputes is necessary:
This victory did not enrichen Swift but it did make global news—shining a light on the burden sexual assault cases have on the victims. As Swift, herself said, "I acknowledge the privilege that I benefit from in life, in society and in my ability to shoulder the enormous cost of defending myself in a trial like this," and in a statement following the verdict “My hope is to help those whose voices should also be heard."
SUING FOR A SINGLE DOLLAR In 2013, Swift claimed that she was groped while taking a photograph with a radio DJ ; a claim that was supported by a photograph taken during the assault. Not wanting to ruin the meet and greet for other fans, Swift said nothing. After the meet and greet she reported this and the DJ was fired, she took no further legal action. The DJ however, claimed she was lying and sued her for his lost earnings and defamation.
BEING SUED, AND SUING A THEME PARK For many people around the world, one of the highlights of 2020 was Swifts’ double album release of 'Folklore' and 'Evermore'. However, to struggling Utah theme park 'Evermore Park,' Swift was infringing upon their registered title, 'Evermore'.
One major fact to note here is that Swift was accused of lying because she was smiling in the photo with the accused. The DJ’s counsel asked Swift in cross-examination why she didn’t say anything at the time (her response was: why didn’t he just take a normal photo?). The DJ also argued he would have been proven innocent by a two-hour phone call recording with his former employer. However, he didn’t have the recording in question as he later had spilled coffee on his computer, thrown away his phone, and broken his external hard drive.
Given their view that consumers would be unlikely to confuse an album charting on Spotify and a COVID-affected theme park in Utah, Swift and her legal team argued against the claims that her use of the phrase “Evermore” was an infringement. In addition to this, Swift and her many lawyers countersued Evermore Park for wilfully using her songs without the correct license. Swift had proof
1
The Gavel
that the songs had been used in live performances at the park since at least 2019. After issuing a notice of their countersuit, Evermore Park and Swift entered negotiations and mutually decided to drop their claims.
AVOIDING LITIGATION Swift is evidently protective of her copyrighted work. As well as the claims outlined above regarding Evermore, her issuing of countless cease and desist letters to knock-off merchandise sellers on Etsy is well documented. In 2020, the roles were reversed with Swift being accused of violating copyright with the release of her 2020 album 'Folklore', stylised as 'The Folklore Album'. The logo artwork bore a striking similarity to the established brand 'The Folklore', who publicly criticised Swift for 'ripping off' their design. They further stated that Swift was perpetuating the trend of celebrities copying the work of small, minority-owned businesses. Swift and her team acknowledged this and altered their designs and removed the word 'the', making the designs far more distinct. In addition, to demonstrate good faith Swift pledged a donation to the Black in Fashion Council, supported by The Folklore brand. It's unlikely Swift has completed LLB103 Dispute Resolution however surely James Duffy would be proud of her use of both the Court, and acting in good faith without litigation, to solve her disputes. To many, Swift represents a new generation of women and artists who have their minds open to using the law as a tool to protect their personal, intellectual and professional interests.
2
The Gavel
AMONG US By Annielle Rosemond
L
IFE, FOR EACH ONE OF US, HAS ITS own meanings and expectations. Forging through life day after day and trying to make these dreams and expectations we hold for ourselves a reality is a task which most are often too afraid or unable to do. Among us are dreamers who were forced to relinquish their aspirations simply because it was too far from their reality.
we have come where we are now. For what was once a dream is now a reality. It is often too easy to scorn education and express our annoyance at the amount of work it takes to achieve. However, it is a gift that we do not know we possess, and behind it are years of sacrifice and hardship. It is only by reflecting and acknowledging these sacrifices that we can be grateful for the opportunity we have been granted. Not knowing your past is like being a tree without roots. We must know our roots to grow and thrive.
Among us: the possibility of becoming a doctor, a lawyer, a teacher. For many, pursuing higher education that would enable people to pursue their dreams is unimaginable. Not many hold the privilege of getting close enough to smell the fragrance of books, both new and old, or walk along the halls of a university. In many families, each generation works so that the next can succeed. It may take many years, but the seed will always bear fruit and whatever has been passed can never be forgotten or erased. The many generations’ worth of hardship and sacrifice, just for the possibility of being in a university classroom, can never be ignored.
It is the everyday people—the seamstress, the fisherman, the builders, and among others who give us the privilege to see hard work in its rarest form. It is those people who we call, “mum”, “dad”, “aunty”, “uncle”, “grandmother” or “grandfather” who show us the meaning of determination and resilience. The knowledge and the skills that have been passed from generation to generation have built a foundation for who we are today. It is with this knowledge and pride I hold for my family and where I come from, that allows me to persevere through life amidst the challenges it may bring. The generations of my forebears have led me to where I am today; the creole language I speak, my name, my culture, and the way I form my views. I have come from all of them.
To the parents, the grandparents, the great-grandparents, and beyond, we represent you in our journey for success, not only for ourselves but for our ancestors and family today who were and are unable to do so. It is important to reflect and remember how
3
The Gavel
The mask they were forced to wear (as the poem We Wear the Mask by Paul Laurence Dunbar suggests), shows the majesty that comes from a lineage of people who did everything they could only for their future generations to stand tall and strong. Having conviction in oneself is something that is not easy to do, however, do not question your worth, for you come from greatness and that can never be taken away. So, if you ever doubt yourself and question why or how you found yourself at university, remember that you deserve it. It is not something that was achieved overnight, it took generations of love, sacrifice, and determination that led you to where you are now. As you walk along the halls of university, smile, as you are the living dream of so many who came before you. Work hard in the hopes that you too can become a precedent for what you can achieve with resilience and determination. Do not recluse yourself, let go of the mask and bask in the glory and beauty that is you. Represent where you come from and who you truly are, something that was once impossible and forced to be hidden away. You belong here, just as much
as your peers, and do not forget your roots, carry them with you wherever you go. Do not conform to society’s standards or expectations as that will only diminish your light and purpose. Among us, some are living the dreams of their ancestors. Remembering where you come from and being the living proof that love and determination can create a wave for future generations, is so beautiful and powerful. Knowing that behind you are a myriad of people guiding you on and supporting you in your journey can be comforting and overwhelming, but it also shows that you are not alone in this journey called life. Instead of money, land, or any material things, we have been blessed with the knowledge of where we come from and who we are and that is something that can never be taken away from us. This knowledge runs through your veins and can give more life to anything that can ever be possessed in this world. Continue to thrive and reach higher. Leave your mark on this world just as your ancestors have left their mark on you.
The Gavel
THE IMPOSTER By Bella Busby
W
HEN YOU THINK ABOUT IT, THE popular new game ‘Among Us’ and law school are troublingly similar. A crew of assorted individuals are thrown together and asked to complete assignment after assignment, while a random selection, unbeknownst to most, are identified as imposters, with the sole task of pretending to
fit in with their peers, while covertly working to undermine and deceive teammates. Maybe I have just described a particularly triggering group member from a past assignment, and if so I apologise. Despite our best efforts, law school is a kill or be killed atmosphere at its heart. There are literal lists of your peers paraded in front of your eyes when
5
The Gavel
they receive excellent academic grades, or you see their faces plastered all over Facebook or LinkedIn when they receive the jobs and opportunities you wanted, or when they win the competitions you tried really hard to do well in, but could not even progress past the preliminary rounds. Even worse, it is often the same small group of people that seemingly get all the wins, whether they worked hard to get them or not.
of an airlock any time soon (hopefully). But, the harm of neglecting your friends through a period of stress and isolation is very real. We all know after so many periods of lockdown and forced isolation that it does not take much for our brains to go into overdrive and find reasons to assume our friends do not like us. Perhaps they have not responded to our message for an hour, when realistically they had an unexpected daytime nap. Or perhaps they “love reacted” to a mutual friend’s new profile pic and just put a measly blue thumb on your new pic. That stuff hurts, man. But it hurts significantly less if you have trust that your relationship is stronger than pixels on a screen.
I wish I could tell you that imposter syndrome just goes away. I wish I could tell you that the itch of comparison goes away the second you get your name on that Dean’s List, or get one of those elusive sevens in law, or when you finally get even just an interview for a coveted law job after years of rejection. A t least in my experience, however, I cannot say that it helps much. Because every time you push through another goal, or meet a new milestone, there is always a new peak to aim for. Whether it be the end of semester exam following a good assignment mark, or the clerkship following a season of no sleep and energy drinks while poring over your applications, or whether it is trying to advance up the career ladder when you eventually nab a grad role. The grind, as they say, don’t stop. And that is just when things are actually going well.
I know one of the biggest mistakes I made throughout my degree was closing myself off to my friends when it hit crunch time in the semester. I would virtually and literally lock myself away from social opportunities under the illusion of studying when realistically this is when I needed my friends most. Because this is when the worst of the academic stress hit, and was then compounded by the stress of feeling cut off from my friends. And frankly, it showed in my results too, so what was the point? It took until being literally locked in my house through COVID for me to realise that no matter the time of semester, friends and relationships play a pivotal role in maintaining good mental health, even if you’re otherwise in a good place. So I started making time for brunch, or dinner, or showing up to a friend’s party even if it was the same night that an assignment was due. Funnily enough, that was one of the best semesters of my entire degree. So make time for that brunch in Week 12, or even just schedule a Zoom call with your friend over lunch, because I promise you will not regret it.
However there is a way out of it. Going back to the game for a second, we can see that the way to beat the imposters is to band together and do two essential things: communicate well with your teammates and complete your personal tasks. Both are lessons that could take us all a very long way in law school, and do a lot to combat that pesky imposter syndrome. Communication is an important feature of any relationship, professional and otherwise. I think sometimes we forget to make an active effort to avoid miscommunication, and to check in with each other before it is too late. Luckily in our law school scenario, the stakes are less likely to be life and death, as I do not anticipate that you will be ejecting your colleagues out
6
The Gavel
AMONG AND BETWEEN US: INDIGENOUS JUSTICE By Catherine Bugler
Art by Wakka Wakka artist Jasmin Roberts, titled "Will You?" "Will you take my hand? Will you help me find truth? Will you help me seek justice? Will you please, please, please take my hand?"
C
HERBOURG IS A TOWN IN THE Aboriginal Shire of Cherbourg in Queensland. It is located in Wakka Wakka tribal boundaries, near the border of Gubbi Gubbi territory, and about three hours’ drive north west of Brisbane. As part of an elective subject, I collaborated with a community organisation in Cherbourg in Semester 1, 2021. All I knew about the town when I applied for the elective was that Cherbourg had the unenviable title as the most disadvantaged local government area in Australia. In fact, what I saw when I visited was a town that is resilient, vibrant, and fighting for self-determination.
The effect of the law was that Aboriginal and Torres Strait Islanders were uprooted from different regions and tribes located across the thousands of kilometres of colonial Queensland. They were placed against their will in a Mission administered by the Salvation Army, in lands foreign to their own, in mixtures of tribes and language groups. Indigenous residents were then forcibly hired out for casual labour in the region. Health, education and food were of poor quality. Reports indicate that, in the height of the Spanish flu epidemic in 1919, 20% (600 people) of the local population died. In 1940, a new building had to be made for young women who were returning
7
The Gavel
from their time as forced or underpaid labourers on agricultural stations, as many of these women were pregnant and had children as a product of rape. This was the 20th century foundation of the community of Cherbourg.
South Burnett regions by providing a diverse range of social, health and wellbeing services for the community, and has for almost two decades. CRAICCHS’ principal goal is to provide comprehensive and high-quality health, social and wellbeing programs to the Aboriginal and Torres Strait Islander people of the Cherbourg and South Burnett region.
Indigenous residents were then forcibly hired out for casual labour in the region. Health, education and food were of poor quality. Reports indicate that, in the height of the Spanish flu epidemic in 1919, 20% (600 people) of the local population died. In 1940, a new building had to be made for young women who were returning from their time as forced or underpaid labourers on agricultural stations, as many of these women were pregnant and had children as a product of rape. This was the 20th century foundation of the community of Cherbourg.
OUR PROJECT WITH CRAICCHS Specifically, we met with CRAICCHS to prepare a research project, the Cherbourg Child Protection Report. The Report examines the five core elements of the Aboriginal and Torres Strait Islander Child Placement Principle, provided for by the Child Protection Act 1999 (Qld) and the Child Protection Reform Amendment Act 2017 (Qld). Our Report specifically analysed the extent to which the various bodies that CRAICCHs interacted with— particularly Child Services—are abiding by the connection principle. This involved asking CRAICCHS whether they were heard by Child Services, whether their needs were considered, and whether they were able to connect with government organisations in their work. Our report reveals that CRAICCHS workers feel they ‘go to battle for Cherbourg families every day’.
QUT INDIGENOUS JUSTICE PLACEMENT We learned about the history of Cherbourg in our initiation for the elective, which was taught by Associate Professor Christopher Emzin, an Aboriginal and South Sea Islander man who co-ordinates the Indigenous Justice Placement elective. Chris also took us to the Ration Shed, a museum in Cherbourg, where we had a guided tour by Auntie Elizabeth. QUT has engaged with the Cherbourg community for over a decade, when QUT first collaborated with the community in its Master of Social Work program. In our initiation with Chris, we discussed the value of the unsaid (listening more than you speak), the importance of respecting Sorry Business and the ability of the community organisation to control the relationship.
THE MYTH OF A 'LIFESTYLE CHOICE' I learned a lot in this volunteering. The trips to Cherbourg made me reflect on a statement once made by a former Prime Minister that living in a remote community as an Indigenous person is a ‘lifestyle choice’. While Cherbourg is by no means a ‘remote’ community, the history of Cherbourg is a rebuke of that colonialist lie: the majority of the community’s ancestors were forced onto this land. Despite the embattled history of the community, the people in Cherbourg are building a life and community: strong and resilient.
With four other QUT students, I travelled to Cherbourg throughout the semester to meet and collaborate with the Cherbourg Regional Aboriginal and Islander Community Health Services (CRAICCHS). CRAICCHS supports the Cherbourg and
8
The Gavel
A LOVE LETTER TO ALL THE JIM HALPERTS AND LESLIE KNOPES OF LAW SCHOOL By Gideon Cartula
You've read the title, you know the characters, and you know their stories.
end my day. I'm really glad that Jims and Leslies (yes I'm on a first-name basis) exist. I used to be a Tom Haverford at the start of the semester, someone who is hyped and chill about everything but as uni progresses then I've suddenly become a Stanley Hudson, content with being content at waiting things out. Things are going to get rough when exams arrive but I'll always remember when the going gets tough the Jims and Leslies always remind me to love the work I do (Leslie) and to never take things too seriously (Jim). Above all, they taught me to value my friends, loved ones, and new people I meet every day plus any new experiences that come spiralling my way in the same way that holiday-themed episodes happen out of the blue. With that in mind, both characters are unique and each has different life lessons that I want to share. I'll start with the fabulous boss babes Leslies and then end with the lovable chill and cool Jims.
I
FEEL LIKE I HAVE REACHED THE POINT my journey as a law student when it is time to give a shout out to all the Jim Halperts and Leslie Knopes of the workforce and university life. Because while the characters from the TV shows The Office and Parks & Recreation are fictional, it always amazes me that there are always real-life people among us that act like those characters. They make the real world that I live in a real world that I want to live in. This love letter is essentially a thinly veiled character study article of two TV characters from a bygone era in network television that represent wholesome stereotypes about the workforce and university that are tremendously real. Real in the same way that Louis Litt, Dwight Schrute and Michael Scott characters exist because too much goodness in the world can't exist, otherwise we'd be living in a sitcom world. We live in the real world where the show doesn't end after 45 minutes.
LESLIES I believe that people who unironically love the work or study they do are genuinely superheroes or at least I like to think so when I'm in my Stanley Hudson mood. Don't get me wrong, I choose to do a law and IT degree and I
The show doesn't zoom in my face when I want to give my reaction to something or the show doesn't play a theme song when I start or
9
The Gavel
choose to work in this industry because I genuinely want to be in this field, however, there are times that I feel like I don't want to and usually, these are moments in the middle of assessments or exams. I call these moments the "not that time of the semester" periods akin to The Office's "Scotts Totts" or Parks and Rec's "The Comeback Kid" episodes. Like these episodes, I know these moments are only temporary and that I can get over assessments - but it's hard man.
proudly show off and that any feelings of imposter syndrome is something you can deal with as you know in yourself why you choose to do law and that you know you can achieve great things even if it sometimes comes with time and hard lessons.They tell me that the secret about loving work or study is to make work or study as fun and chill as possible, which I try to apply to my life as much as I can. They also tell me it's okay to feel sad about things as
What the Leslies at work and in my study group (similar to Community's) do is remind me how far I've come in my life. They help me to look back at my achievements because they know that I (and everyone else) can always bounce back from a bad situation to a good one using the very same strong will and reasons why I choose to do law. They tell me that the grind is always worth it as each new experience is a feather in your cap that you can
10
The Gavel
work or university. Wouldn't it be great to be so chill and live life without anxiety? If things get too tense, they would always be the ones to post a dank meme, pull a prank, banter like heck or be the first one to help out when you or the workplace needs help. They are legends at making you feel welcome, ensuring the job gets done and making your day just really bright and cheerful.
long as I never give up. I know with these lessons, I'll always be on the right path in life wherever life takes me.
Without a doubt, if workplaces or universities didn’t have any Jims, the mood in these places would be dreary and soulsucking. While it's great to be ambitious and have a strong resolve, it's also really great to have a laugh and have good times every now and then with these legends. They know how to make life fun while also having meaning - that's a combo for a good time while still being right on track at uni or at work.
I respect the Leslies because they know what it takes to make a journey like studying law. They are like big sisters to me that look out for me at work or at university and I love them for it because one day I know that I'll be a big brother to other students or graduates when it's my turn to be a boss babe.
Despite law being a difficult course to study and the legal industry itself also being a daunting place to work in, the Jim Halperts and Leslie Knopes always know how to make me feel welcome and settled in. When I graduate I hope to be as cool-headed as Jim and as wholesome about work and life as Leslie after meeting people like this in real life. I know that I'm talking about stereotypes JIMS and characteristics about people but you Jims, on the other hand, remind me that life know in your heart that Jims and Leslies isn't always meant to be serious and that it's okay exist among us so don't be afraid to show to take a chill approach to work and university your appreciation to them or your friends as long as you get the job done one way or the or anyone else you love. A little appreciation other—it's fine. Life isn't meant to be serious at for people other than yourself makes the real all and this is a serious lesson that Jims always world that we all live in, a real world that we teach me through their cool-headed ways and all want to live in as it is one where we feel it's a mojo that I want to replicate rather than valued and appreciated. stressing about everything and anything about
11
The Gavel
KEEPING THE IMPOSTER OUT By Matt Adams
F
OOTBALL AND COMPETTITION LAW are not usually two phrases one might hear in the same sentence. However, that changed recently when news broke of a new ‘rebel’ competition in Europe. On the 18th of April 2021, twelve association football clubs from England, Spain and Italy in a blatant grab for money announced they were forming their own competition named the European Super League (‘ESL’). The competition was decried by fans, pundits, and politicians alike because of the exclusivity that the ESL structure would usher in to European football. Regardless, the announcement was not surprising, with the move being emblematic of the fact that these clubs are now global brands with passionless international fans, imported millionaire players and foreign billionaire owners. Many fans who value these clubs as more than a mere profit maximising operation and instead a place that involves community, history, and tradition, would like to see the back of these billionaire owners and for them to stay out. However, a sliver of hope has emerged out of the ESL debacle, in the form of an interesting omission of the German clubs. While the likes of Bayern Munich and Borussia Dortmund, two of Germany’s clubs, are of ESL’s ilk, they refused to sign up. Many have speculated it is because German football clubs must comply with the 50+1 Rule.
THE 50+1 RULE In 1998 the German Football Association (DFB) introduced regulations to allow football clubs who until this point had been non-profit
organisations run by their members (fans) to become public or private limited companies. This meant that private investors were able to buy a share of a club on one condition: that the members held at least 50% plus one share of the football company. This allowed German clubs to keep up financially with other European clubs who were receiving significant funds from their private owners while ensuring that the fans still had control over their clubs. The fans in Germany’s football clubs were not on board with the ESL, hence their refusal to participate in the league.
COMPETITION LAW There have been questions raised about whether the 50+1 rule complies with EU competition law. Competition law aims to maintain market competition by regulating anti-competitive conduct. While most of competition law is focused on preventing competitive advantages such as monopolies or restrictions on free trade the issue in this case is the rule creates a competitive disadvantage. Complaints have been made claiming the rule limits the amount of influence an investor can have in the running of the club. It also has been noted that the rule puts German clubs at a competitive disadvantage to the rest of European clubs. Since the rule’s introduction 23 years ago, there has been plenty of speculation and murmurings of legal action; however, the German courts to this date have yet to take any inkling of a negative view against the regulation.
13
The Gavel
RB LEIPZIG
is a complicated and multifaceted one, and the answer one way or another depends on the practical implementation of the concept.
The rule is not without exception. RB Leipzig has caused much consternation amongst the football community for their infamous rise to the top ranks of German and European football. Often referred to as Red Bull Leipzig, the club was formed in 2009 by the energy drink company. The club then proceeded through the German Football league pyramid before finally reaching the Bundesliga (Germany’s top tier league) in the 2016-17 season. The club was founded by seven staff and agents of Red Bull and to this day many of their voting members are staff or otherwise associated with the company. Voting membership is still severely restricted and their member registration fee can be up to ten times that of similar clubs. While there is constant criticism against the club, the DFB has failed to take any significant action.
THE FUTURE For many, football has less to do with money and more to do with being a part of something bigger than yourself. The high profile criticism of the league also saw that shortly after the ESL launch announcement was made, three quarters of the 12 clubs that were originally involved withdrew, effectively terminating the competition before it even began. Whether or not the 50+1 rule inhibits competitiveness in the market, this seems to be outweighed in countries such as Germany because of the benefits to the community, who are the majority consumers of football and all the ways it brings meaning and joy to their lives. The ESL debacle is an excellent example of how where the public primarily benefits from something, public ownership of it means that decisions made regarding it are actually in the interest of its users. More aspects of society would likely prosper from a similar mechanism.
POTENTIAL FURTHER USE In brief, the rule so far is seen as legally viable and while some have worked ways around it, overall, it seems to be a successful model. The question then becomes, can it be used or adapted in other settings? In the wake of the ESL announcement, the British government was openly considering forcing the 50+1 rule, amongst other options, onto English clubs. Looking away from football, the 50+1 rule can be seen in the proposal the Greens made in the 2019 federal election. The Greens called for public ownership of electricity companies, banking, and the internet. Their argument was that they are public goods and essential services and as such should not be run for a profit. However, public ownership or government ownership of entities and services has long been criticised for their inefficiency and waste of public funds. Could there be a model like the 50+1 rule where the community keeps some level of control while still allowing for private investment that could be utilized in certain industries? The issue
14
The Gavel
EXPLAINING THE US ELECTORAL COLLEGE By Morgan Lynch
L
AST NOVEMBER, AMIDST THE USUAL panic of end-of-semester exams, one particular overseas event gripped the attention of not only many QUT law students but also of people all around the world: the 2020 U.S. presidential election. The election inspired widespread hope that the Biden administration would usher in a new era of diplomacy, compassion and civility in global politics. However, it has also left many people puzzled by the United States’ unusual method of electing its head of state and government. This article will walk you through the basic principles of the Electoral College and exactly why the number ‘270’ becomes so incredibly important every four years.
WHAT IS THE ELECTORAL COLLEGE? In the U.S., voters do not directly vote for the President in November. Instead, the President is elected by a relatively small group of people (‘electors’) who gather in the nation’s capital, Washington D.C., in mid-December of an election year.
WHO ARE THE ELECTORS? It is up to each state to select the people who will represent it in the Electoral College. In most states, each party (the Democratic Party and the Republican Party) chooses its electors in a vote at their state party convention. Electors tend to be people with some sort of longstanding connection to the party and are selected in recognition and as a reward for their service. For example, 2016 Democratic Presidential Nominee Hillary Clinton was one of the Democratic Party’s electors for the State of New York in 2020.
15
HOW MANY ELECTORS ARE THERE? Each state gets one elector for each member it has in the U.S. Congress. The U.S. Congress is roughly equivalent to our Parliament of Australia. Like Parliament, Congress has two houses: the Houses of Representatives and the Senate. In Congress, each state is represented by two senators. Each state also gets a certain number of seats in the House of Representatives roughly based on its population. For example, Illinois has 18 members of the U.S. House of Representatives, plus two senators, so it gets 20 (18 + 2) Electoral College votes. Texas, on the other hand, is home to about twice as many people, so it gets 36 seats in the House of Representatives and 38 Electoral College votes altogether. Since there are 100 senators (for 50 states), 435 members of the House of Representatives, and D.C. gets 3 votes of its own (even though it isn’t a state), there are 100 + 435 + 3 = 538 members of the Electoral College. To win the presidency, a candidate must receive the majority of the Electoral College votes. Half of 538 is 269, so the ‘magic number’ of Electoral College votes needed to have a majority is 270.
THEN WHY DO AMERICANS GO TO THE POLLS IF THE RESULT IS JUST UP TO 538 PEOPLE? When Americans vote, they are voting to decide which party’s electors should get to go to Washington D.C. to vote for the President on their behalf.
In 48 states and Washington D.C., electors are assigned on a winner-take-all basis. This
The Gavel
means that whoever wins the most votes in that state will get all of the states’ Electoral College votes. To use 2020 as an example, Donald Trump received 52% of the votes that Texans cast in November. This means the Republican Party (and, by extension, Donald Trump) will receive all 38 of Texas’ Electoral College votes while Joe Biden will not get any.
the state and then award one for winning each of the states’ congressional districts. (‘Congressional districts’ are effectively the U.S. equivalent of Australia’s electorates.) This means Joe Biden received three of Maine’s four electors (for winning 53% of the overall vote in Maine and winning the most votes in one of its congressional districts) while Donald Trump received its remaining elector (for winning Two states, Nebraska and Maine, do the most votes in Maine’s other congressional things a bit differently. They award two electors district). to the candidate that wins the most votes in
16
The Gavel
THIS ALL SEEMS UNNECESSARILY CONFUSING, SO WHY DOES THE ELECTORAL COLLEGE EVEN EXIST?
where any of your states’ Electoral College votes go.
The Electoral College emerged as a compromise between delegates at the U.S. Constitutional Convention in 1787. Some argued Congress should get to choose the President, wary of the outcome should ordinary citizens have too much of a say. Others believed it should be directly up to the people in a ‘popular vote’ for President. However, the Southern states were particularly concerned that a popular vote could lead to their interests being overlooked on the national stage. While the populations of the North and South were relatively equal, about a third of Southerners were in slavery and so would be ineligible to vote for the President. This would give the North more power to choose the President if each (free) man had an equal vote. Therefore, the delegates agreed on a ‘solution’: indirect voting via an Electoral College which counted slaves as 3/5 of a person when assigning Electoral College votes to each state.
As a result, politicians tend to pay particular attention to ‘swing states’ like Pennsylvania and Michigan, since they often flip back and forth between Democrat and Republican candidates. Even a marginal victory in one of these states would send a considerable number of Electoral College votes in a candidate’s direction. This means that the candidate who receives the most votes nationwide does not necessarily become the President. In fact, the president-elect has lost the popular vote five times in U.S. history, including most recently in the 2016 election when Hillary Clinton won almost three million more popular votes than President Donald Trump. SO CAN AMERICA JUST GET RID OF THE ELECTORAL COLLEGE?
Amending the U.S. Constitution to abolish the Electoral College would require the agreement of two-thirds of the House of Representatives, two-thirds of the Senate and the legislatures of 38 out of the 50 states. WHY ARE THERE CALLS TO ABOLISH THE There have been more than seven hundred ELECTORAL COLLEGE IN FAVOUR OF A attempts in Congress to abolish the Electoral POPULAR VOTE? College over the past two centuries. None Aside from its racist origins, there are perhaps have succeeded, and it’s generally considered two main issues with the Electoral College. unlikely smaller states or swing states would be willing to sacrifice the significant electoral 1. The allocation of electors between states: power they wield under the current system Smaller states (like Wyoming and Vermont) any time soon. receive a disproportionately large number of votes in the Electoral College compared Therefore, some states have agreed to their more populous counterparts (like on a creative loophole: the National Popular California and Texas). Vote Interstate Compact (NPVIC). Under the agreement, each state would allocate all its 2. The winner-take-all system: Assuming you Electoral College votes to the candidate that don’t live in Maine or Nebraska, even if your won the national popular vote, even if that preferred candidate only loses the popular candidate lost the state-wide vote. Fifteen vote in your state by a single vote, every states (and the District of Columbia) have single one of your states’ Electoral College signed on so far, but the compact only comes votes will go to the other candidate. This into effect once enough states have joined that means that, if you’re a Democrat in Alaska they would control at least 270 of the electoral (a historically Republican-leaning state) or votes and could determine the outcome of the a Republican in California (which is known election. for its overwhelming preference for the Democrats), you’re out of luck. Your vote is It will be interesting to see if other highly unlikely to make a difference as to states jump on board in the years to come.
17
The Gavel
LIVING IN A SUSIETY By Shaiming Lee
I
T ALL CHANGES WHEN THOSE GOGGLES are worn, and that red suit is placed upon us. When the title of 'impostor' is donned, is it something that is forced upon us or is it something that we choose to crown ourselves with? As humans, we often inadvertently place ourselves in positions that force our hand, whether the outcome is something we crave or dread. Our behaviour in these scenarios can only be described as a component in the machine that is the human condition. However, in these components, we can see clear parallels from the most recent pop-culture video game, 'Among Us'.
In the ever-continuing struggle to climb the rungs of our respective fields, it's not uncommon for shortcuts to a higher position to appear—shortcuts that require us to exploit others to further our careers. While the issue is an ethical dilemma that most people find themselves pondering in their lifetime, the conclusion hardly leaves a positive impression. However, in the game 'Among Us', we willingly place ourselves within these situations. These situations force us to choose the invaluable trust that our peers place in us or our own personal advancement at the cost of others. The rise in popularity of the game Time and time again, humankind have 'Among Us' is a reflection of the continued found themselves often categorised into two normalcy of this concept, a concept that pits halves. One seeks to maintain and create us against one another in an endless game of peace, and the latter strives to create strife lies and deceit. and chaos in their wake. The iconic game While ostensibly innocent, the game 'Among Us' is a metaphorical representation 'Among Us' is more accurately a metaphor of this duality in a contemporary setting. for the modern human condition. Its facade Whether one seeks to murder their fellow as of innocent characters participating in the 'impostor' or to expose the 'impostor' in a sci-fi themed game of Mafia provides a the name of justice, there is a link between us representation of a societal trend. A trend as humans and the character that represents that sees us revelling in a terrifying power us. Our willingness to betray those among struggle, void of empathy and trust. us for temporary satisfaction or the gain of a 'dub' in a game merely imitates our day-to-day behaviour.
18
FICTION
The Gavel
SUMMER AFTER By Ciaran Greig
W
E STILL ALL LIVED TOGETHER, AFTER IT HAPPENED. WE LEARNT TO CREEP through the house at different times: my mother favoured the morning, my father the afternoon. I ventured out of my bedroom only in the deep of the night. When the house was like that – still and cold – it was like nothing had ever changed. I noticed one day that my mother had started humming as she moved through the hallways of our home. I wondered how I hadn’t noticed it before. How long had her singing been a soft soundtrack to my mornings? Now, I could hear it so clearly, the way her voice floated under the door. It sounded like sifting. Like icing sugar. It was an Austrian lullaby she had sung to my sister and me when we were very, very little. It should have been comforting, but when I heard those slices of German drifting through the house, I knew it was a warning. Keep away. The amount of time I felt I could spend in the communal spaces of our home was limited and so I began to eat like a babysitter. My plate was a kaleidoscope of the smallest quantities of almost every type of food kept in the house. Three string beans. Four M&M’s. One limp slice of bread. One heaped tablespoon of Milo. It wasn’t that I didn’t want to eat—it was just easier for the game we were playing of pretending each other didn’t exist. I did not want my father to stumble across an empty container of Fruit Loops. I did not want my father to stumble across an empty container of Fruit Loops and remember that I was still there, and my sister was not. During the daytime, I sat in my bedroom with my only window open and the full sun streaming in. I let it hit my face, felt its warmth glazing my pale, perspiring skin. I sometimes wondered how long I would have to stay there to grow a melanoma or how long it would be until a patch of freckles cropped up on my cheeks. Sometimes I would pass time by counting the leaves on the tree outside my window. Inevitably, though, a breeze would rush down the street and the tree would shake its rustling body. Not today, I imagined it was saying. The tree did not want to be measured or catalogued or judged. And I did not resent it that.
The Gavel
My only other hobby that summer was the photos. I had a big box of them under my bed. Most days I would drag them out, sliding the plastic tub softly along my hardwood floors so as not to be heard. The photos were always the same. Nina, 10 months. Our first home – THORPE STREET. Anna’s first day at school. Nina and Anna in the bathtub. Anna’s Year 8 piano recital. I never changed my process: 1. Take photos out. 2. Arrange photos on clean floor, equally spaced apart. 3. Look at each photo individually. 4. Trace cheeks and smiles and glittering eyes in photos with pad of finger. 5. Do not cry. One night, after performing this photo ritual, my father and I crossed paths as he was slinking back into his den for the night and I was emerging into the kitchen for my night-time feed. I was expecting that we were going to ignore each other but when he got close to me, he grabbed the flesh of my arm hard.
“What’s wrong?” he asked.
“Nothing,” I replied, looking down the hallway to where he had left the shopping channel playing on the TV. I hated the shopping channel.
He frowned at me. “Your face.”
I tried to wriggle out of his hold but he gripped me tighter.
“What?” My father shook his head and let go of me, finally. I rubbed the spot on my arm where he had grabbed me.
“It’s nothing,” he said, shuffling away from me. “Your face is wet. That’s all.”
21
The Gavel
MELT By Amanda Hubert
A
N AFTERNOON OF HAIR AND MAKEUP WORK IS RUNNING DOWN MY BODY. I FEEL fire in my veins and brimstone in the air and I could go all night. I’ve been in this club for probably an hour now, my first time here. I followed Ada. Her muscles flex, her skin shines under the lights, eyes looking at things I cannot see. Venom fills me. I want her to look at me, see how much work I've done to keep up with her. I sway my hips and legs like I’ve seen from the videos, gyrating as I practiced before my mirror. My limbs are loose, free. I feel so free, more than I ever have before. I feel hotter than I did in front of the mirror. So hot. So hot. Why isn’t Ada looking at me? * He coughs, spittle falling onto the shrooms and dirt. I can’t tell if the musk is him or the playground.
“You can’t afford me, ” says the warlock, “I can smell it.”
His teeth are clean, his body is clean. He rides the swingset without anything on him, not even the dirt sticks to him.
“We’re good for it.” says Ada.
Her shaking hand grabs mine and my heart jumps.
“Her parents are loaded, they can pay you back.”
The warlock's eyes are staring pits which swallow my vision. I nod, a few times.
“Fucking sick, I’ll pay child support with promises.”
The moon is full and low and young, its light showing how bones jut against his pure, clean skin, reveals the silver wiring of his veins. The afternoon humidity lingers, and Ada’s sweat warms my palm.
“Show me your tits.” he whines.
“No...no!” I stutter. “Fuck off!” I cover my chest. The dress that made me feel so sexy now leaves me feeling exposed.
“I’ll do it,” says Ada.
I feel a silent scream run through my brain.
“No, your girlfriend. I want to see what else her parents gave her.”
“You’re a cunt!” I yell.
The warlock’s coughs morph into forced laughs, which morphs into the metal squeak of the swingset.
“Do it,” Ada whispers to me.
“Please. Please.” I nudge my elbow into her.
22
The Gavel
I try to stop my face looking as shit as I feel.
“It’s just boobs. It’s nothing.”
Chains jangle and feet hit dirt. The warlock stops swinging, looking right through me.
“If you don’t do this for me I’m leaving you,” says Ada.
I didn’t have a choice. *
“Ada!” I scream. “Ada, ADA!” She’s dancing through the sea of skin, bodies parting to let us through. Her tight skirt and halter top ghost through the crowd, unhindered by gravity or bodies. I slither past the dancers, bending and contorting through them. Nothing can touch me, nothing can move as fast or as flexibly as I can. I feel so alive.
“ADA!” I bellow, louder than the music itself. Then I stop moving.
“Fuck off!” screams a girl I’ve crashed into.
My body is bent around her, like a car wrapped around a pole.
“Fuck off fuck off fuck off.”
She tries to push me off her, her fingers molding into my arm. The girl next to her, bright against the strobe lights, is grabbing at my serpent limbs. Part of my hand comes off in their grip. I watch it being taken from me, and the looks on their faces. I feel nothing. * His pale mass looms. The darkness suffocates us as we kneel. Ada can barely hold herself back when we hear the first drips. I don’t know which of us I’m more ashamed of. Dripping is only noise at the playground, and the scent begins to fill our heads. He walks over us, above us. His arms are peeled. “Drink.” he commands, and the blood falls onto us. It’s electric sludge and it slips through our pores, into our bodies, and energy and joy follows it. Peace fills me. I see Ada, she’s smiling so wide.
“You,” I hear his voice. “You deserve a reward.”
I cannot see through the waterfall of blood. I feel a sharpness above my chest, and I feel something sliver into me. I shudder. I scream. And then I see everything so clearly, even through the crimson. * I watch myself being dragged along the ground by security. I raise my last hand to them, molten flesh dripping from my bones, and they don’t respond. What about Ada, I wonder. I try to say that, but I just watch as teeth fall from my mouth. I hear tired air evacuating my throat. I see rainbows in my eyes, and I see streaks of red leaving my body, slithering away like fat worms through the club entrance. I scream, yet nothing comes out. My ears are blocked with their own flesh. My eyes—only my eyes—remain solid. I see Ada walking towards me, solid and perfect. I’m outside, in a gutter. Spilt alcohol and street liquids mix with my transublimated body. She kneels down to me, touches my flesh-blood. She bathes in me.
I am happy.
23
POETRY
The Gavel
MY WEEK ILLUSTRATED By Jackson Machado
It’s Monday so legally you can’t sleep in you grab your toothbrush with the bristles layed like a crop circle and your empty tube of toothpaste that’s merely a prop to prompt the rhythm and it’s 12pm and it’s 4pm and it’s ok time to fucking function now and it’s *jump cuts*
It’s Tuesday so legally you can’t smile you wake standing in your bathroom with your teeth in the sink *clink clink* and i’m thinking of You
on the train and on the bus
and there’s a big circle around you where people don’t go, and there’s a big circle around them where you don’t go, because it would be illegal. you’re hungry but you can’t go to the counter because you’ve got no teeth, and you didn’t pack lunch because
i can’t get You out of my head even tho i’ve never had You in my arms
and you’ve walked into church without memorising the prayer and that’s why you’re going to jail on
It’s Wednesday so legally you can’t remember this day
It’s Thursday so legally you can’t use the phone you keep it on silent because the noise god the noise i bet you’re thinking oh you miss the call because it’s on silent no - i don’t miss the call, because i can’t leave my phone behind - i take it with me and feel the buzzing of death and i don’t answer it anyway because that’s illegal! it’s red dots and it’s blue dots and red squares and 5 days ago you missed a friend reaching out to you on the night that they
26
The Gavel
It’s Friday so legally you’re going to feel better today just kidding, that’s not how it works
It’s Saturday so legally you’re going to do your homework today but wouldn’t today be even better if you just grabbed your toothbrush with the bristles layed like a crop circle and your toothpaste with nearly no toothpaste in it and it’s 12pm and it’s 4pm and it’s blood in the sink with the teeth *clink clink*
It’s Sunday so legally you’re going end this poem because it can’t be longer than one page but you could go on because it’s as if it has no end
27
The Gavel
THE FOOL CARD, AMONG US By Jackson Machado
someone in my assignment group turns to me and asks
and if i really have a chance here to somehow make my life worth living.
what would you change?
But at the end of the day, there’s only one right answer, and we all know what it is.
about the world? i wonder about myself? i go to say that i wish i could find platform shoes in my size, or that i wish that shoe designs weren’t so gendered, because imagine being a fresh young woman with small feet – you could buy any shoes you wanted and no one would bat an eye.
world peace, i say. I hear one of my group members laugh. you’d change world peace? i mean, like, i’d make world peace real, i say, when really i just want to say fuck my life. fuck my fucking life.
what would you change? they say.
what would you change Anthony?
Sorry, i’m just thinking, i say.
You haven’t even done your part of the slideshow,
which is a lie – i’m done thinking, but the eyes on me from all angles have me losing my breath a bit
and we only need to do one slide each. I hear someone clear their throat,
and i’m suddenly certain that my answer isn’t good enough,
what would you change about the assignment?
so i start to think real hard about it.
…
what would you change?
Oh…how do we feel about changing the font? i say.
i start to wonder if maybe this person’s actually a genie,
Anthony says he likes the font.
28
The Gavel
TONGUE TIED By Jakeb Smith
The joke falls flat.
Both those options
The air leaves the room.
would preserve my dignity.
I try and save the moment,
Your disposition always leaves me tongue-tied.
but my tongue has weaved
Every time I try to dazzle you,
into a constrictors knot.
I always achieve the opposite.
The next words eject out,
I am a fool,
a guttural noise lingers in the air.
I notice the spark diverge from your eyes,
I startle myself — because I realise
faster than a shooting star.
that sound came from me.
A draft blows in and,
I fight the snare trapping lips,
before I know it, you've vanished
my intention is to save the moment.
The only thing that unfastens the bind is your proficient tongue.
Time for extreme measures. I pull the parachute lever but instead of preserving me, I fall, and I detonate when I hit the ground. If you pull the string and the parachute doesn't release; chances are you will have a
Just a casual flick and the impossible knot is undone. The master key to my comfortability. Now, I don’t have access to that luxury. I need to master how to do it myself. I need to hit reset. Undo my ligature, without your acid tongue to guide me. Because that is all you should need.
heart attack before you hit the ground. If only.
29
BOOK REVIEWS
The Gavel
THE TRUTH HURTS BY ANDREW BOE Review by Ashton Darracott
T
HE TRUTH HURTS BY ANDREW BOE is an unflinching exploration of the fault lines in our justice system by an outsider who found his way in.' Written by a Burmese refugee to Australia in the seventies to a celebrated/hated career in criminal law, the book explores some of the cases that have haunted Boe. He specifically instructs his reader to not read the text as a memoir, yet cedes, at least throughout the first few chapters, that his youth feeds into the development of his career. The book is structured into fifteen chapters that loosely deal with their own separate matter, or defendant, that Boe worked on or with. Each chapter is its own self-contained narrative, where he focuses his authorial gaze on a case that he worked, or his experiences with groups in society. These encounters segway into his opinions on the system in which we all live, work and interact with to varying degrees. Boe asserts that each of his cases taught him something more about the ugly side of how the criminal law system treats those colonised and those paternalized, privately, publicly, and systematically. It is not new information, but it never hurts to be reminded of what work is still to be done.
society. The tone shifts during the chapter on Ivan Milat, where the reader clearly senses that the baby fat of Boe’s formative years in both his personal life and his professional career has been shed, and he is left with a lean, clear, penetrating, and scathing critique of the people and the systems that determine ‘justice’. The chapters do not tend to offer answers to the questions Boe raises, more often than not taking a more moderate stance so that the questions must be carefully considered by the reader. This sometimes feels anticlimactic, but I would prefer no answers over bad answers to the big questions. If anything, Boe invites constant reflection and revaluation on the reader’s core values and attitudes.
This book is written primarily for a commercial, layperson audience. Throughout the book, concepts of criminal practice and procedure are raised, and are explained in a few simple and concise sentences, sometimes a short paragraph. For some, this might feel like Boe assumes his readers are unintelligent. The tone, however, is never one that asserts a superiority over its audience; Boe is here to help, and he needs his reader to understand Boe’s incisive language cuts throughout the ‘i’s he has to dot and the ‘t’s he has to cross the entire book, and the further in a reader so that he can properly persuade readers to goes, the reader experiences him casting off take his point. I, for one, am grateful for the his reservations about sparing anyone, even thirty-five-word sentence that captures the ‘important’ members of society. Especially, purpose and essence of an application for one might argue, important members of a grant of special leave to the High Court.
31
The Gavel
There are some things you just cannot reflective, often witty and humorous, sometimes learn during your Priestley 11 subjects. remorseful. It is equally as authoritative, The writing itself far exceeded any of my assumptions prior to opening the first chapter. It utilises every technique of creative narrative: plot, pace, setting, tension, imagery, characterisation, voice and tone. Of all creative devices, Voice and characterisation was especially potent. Boe does not labour over character descriptions but sketches out his clients and other people from his personal and professional life with brevity but acute focus. The authorial voice is close, conversational,
passionate, and above all else, quintessentially barrister-like, using storytelling to drive home a point. The ending to every chapter is a microphone drop. The storytelling and character-building qualities alone are enough for me to recommend The Truth Hurts to anyone with the faintest interest in the Australian justice system. This is definitely a must-read for anyone interested in practising in or around criminal law and its reform, social work, and social justice realms.
32
The Gavel
A SECRET AUSTRALIA:
REVEALED BY THE WIKILEAKS EXPOSES, EDITED BY FELICITY RUBY AND PETER CRONAU Review by Bex Roma
T
HE RAIN DRIZZLED AROUND ME LIKE shards of disillusionment as I turned the last page of A Secret Australia: Revealed by the WikiLeaks Exposes, edited by Felicity Ruby and Peter Cronau. The collection of essays by barristers, journalists, researchers, and public servants provided hard evidence for what I had long known but not always been able to articulate: that the Australian Government favours their US alliance over our lives, economy, and well-being. From foreign affairs to the granting of intellectual property patents, war crimes, and embassy agendas, the breadth of the analysis provided by the 18 contributors illuminates the extent of WikiLeaks’ damage to Australia’s self-image. Faced with Julian Assange’s premier enactment of verification journalism and digital commons, politicians’ claims of ‘mateship’, ‘fair-go’, and ‘supporting Australian interests’ become nebulous at best and deliberate falsehoods at worst. The authors do not merely applaud the work of Julian Assange, but also reveal the duplicity of the Australian Government.
But the book’s variety is its strength as it explores how Julian Assange’s work has touched all of our lives as contemporary Australians, global citizens, users of technology, and consumers of journalism. If nothing else, the book will force you to do at least one Google search, or one browse of WikiLeaks to form your own opinion on public officials, which is the constitutional right of Australians, and the aim of Assange’s work, all along.
All essays in the book were provided by contributors without receiving payment and all proceeds from the project were donated directly to the Courage Foundation, an international fund supporting the legal and public defences of journalists and whistle-blowers. Some of the essays were marvellous; some were convoluted; some assumed a lot of prior knowledge; and some explained every acronym to a fault.
33
MANY THANKS TO OUR GENEROUS SPONSORS
THE GAVEL ISSUE 1 2021 BY QUTLS
QUT Gardens Point C Block, Level 4, Room 02 (C402) Monday, Wednesday and Thursday 10am-2pm Thursday 5.30pm - 7.30pm, Saturday 10.00am - 12.00pm The QUTLS office is open during the teaching period of each semester.
