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Fulbright Scholar Adam Webster Shares United States Experience

Catherine — Mon, 13 May 2013 05:42:49 +0000

Adam Webster is a PhD student at the Adelaide Law School and a 2012 Fulbright South Australia Scholar. He shares his experiences as a visiting scholar in the United States.

I am a PhD candidate at the Adelaide Law School and was one of two winners of a 2012 Fulbright South Australia Scholarship. My PhD research examines the rights of the States of Australia to water from rivers that flow through more than one State. I am currently spending 10 months in the United States for the purpose of investigating how interstate water disputes have been resolved in the United States, and considering whether these approaches can be applied in Australia. In particular, I am interested in the role that the United States Supreme Court has played in settling interstate water disputes.

Colorado National Monument

I arrived in the United States in August last year and spent the first 6 months visiting the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment at the University of Colorado Law School in Boulder, Colorado. Since February this year I have been visiting the James E Rogers College of Law at the University of Arizona in Tucson, Arizona.

One of the interesting features of the development of water law in the United States is that the States in the western region of the US have taken a very different approach to intrastate water allocation compared to the eastern States. Broadly speaking, States in the east adopted an approach that attempted to preserve the natural flow of the river, because when the relevant laws were developed (in the nineteenth century) the flow of the water was used to operate mills on the banks of rivers and streams. In the drier western States water use was driven largely by mining and irrigation – uses which required water to be diverted from the river, thereby depleting its flow. Consequently, rights to water were granted on a first-in-time basis, irrespective of how that water use might disturb the natural flow of the river for subsequent downstream users.

University of Colorado Law School

The fact that different approaches to intrastate water allocation were adopted only further complicated how water from interstate rivers, such as the Colorado River and Arkansas River, was to be shared between States. While many interstate water disputes have been solved by the States entering into a compact (or what we might refer to in Australia as an ‘intergovernmental agreement’), some disputes have not been able to be resolved in this way and have been litigated by States in the United States Supreme Court. The United States Constitution does not expressly deal with interstate water rights; however, the Supreme Court has held that there is an ‘equality of right’ between States and, as a consequence, each State is entitled to an ‘equitable apportionment’ of the water of the interstate river. From an Australian perspective, the interesting question is whether the High Court of Australia could adopt a similar approach in resolving and future disputes over the waters of the River Murray. Examining this question is an important part of my PhD research.

President Obama at the University of Colorado

Beyond the PhD research, my time in the United States has, and continues to be, an amazing experience. Colorado was a ‘swing State’ in the US Presidential Election and while in Boulder I had the opportunity on two occasions to hear President Obama speak on campus. Understanding the differences between the Australian and United States electoral systems and comparing the different issues which are central to an election campaign in the two countries was fascinating.

I have also had the opportunity to take a couple of road trips: I have travelled across the Rocky Mountains and followed the Colorado River into Utah; and when moving from Boulder to Tucson, took the 1000 mile drive down through Colorado and New Mexico and across to Arizona. Getting out and seeing the countryside has made me realise how similar the dry conditions are to those in Australia. This region of the United States is heavily reliant on snow melt (and being about to store it) for its water supply.

Monument Valley

Living in Boulder at an attitude of 1655m (5430ft) at the foot of the Rocky Mountains took a little getting used to; especially going for a run during winter when the temperature dropped to -20°C. By comparison, Falls Creek Village is at 1600m and Mt Hotham Village is at 1750m. I am currently in Tucson, Arizona, which is very different from both Boulder and Adelaide. There are cacti 3-4m tall everywhere and I am told that during summer there will often be 100 days over 100°F (38°C). Temperatures like that make Adelaide’s most recent summer look cool. Fortunately for me I will be heading back home to Adelaide in June!

Tucson, Arizona

Written by Adam Webster

Symposium: Compulsory Voting in Comparative Perspective

Kerrin — Mon, 06 May 2013 23:28:34 +0000

A symposium presented by the postgraduate Comparative Law class at the Adelaide Law School
The University of Adelaide

Date: 11 May 2013
Time: 9am for 9.15 am start – 3.15 pm
Location: Moot Court, Ligertwood Building, The University of Adelaide
No attendance fee, but rsvp necessary.
RSVP: cornelia.koch@adelaide.edu.au by 9 May 2013

The Adelaide Law School is delighted to invite you to attend a symposium on compulsory voting in comparative perspective, presented by its postgraduate Comparative Law class. The symposium addresses the question whether people should be compelled to vote in a democratic system of government. The Australian electoral system is considered by electoral specialists to be one of the finest in the world and supporters of compulsory voting attribute this inter alia to the mandatory nature of participation in elections. In contrast, opponents argue that in a liberal society nobody should be forced to vote. The presentations at this symposium place compulsory voting in a global context.

The keynote address will be delivered by Mike Wait from the Crown Solicitor’s Office, who was counsel in the recent Holmdahl case that challenged compulsory voting in Australia. The other speakers are Masters students from Malaysia, Cambodia, France, Germany and Australia.

Attendance may attract CPD points for MCPD purposes.

More information is found here.

‘Reforms target lawyers behaving badly’ – Dr Suzanne LeMire interviewed on ‘Radio National’

Kerrin — Wed, 17 Apr 2013 00:11:44 +0000

Adelaide Law School Academic Dr Suzanne LeMire recently appeared on Radio National regarding proposed changes to the Legal Practitioners Act. Changes are proposed to encompass the conduct of lawyers in the course of their professional duties as well as behaviour that occurs outside of their work. While some of the proposals are being welcomed by reformers there are concerns about the regulatory body’s impartiality and the effectiveness of dealing with fraudulent conduct by insolvent law firms.

To hear the full Radio National Interview, please click here.

Professor Andrew Stewart story in March edition of Law Society of South Australia’s ‘Bulletin’

Kerrin — Fri, 12 Apr 2013 00:23:09 +0000

An article about Adelaide Law Professor Andrew Stewart’s other career as a musician appears in the March issue of the ‘Bulletin Volume 35 – Issue 2′ which is produced by the The Law Society of South Australia. The article is written by David Barnfield and is published on this blog courtesy of the Law Society of South Australia.

To see the article, please click here.

Corporate Law Teachers’ Association Conference

Kerrin — Fri, 08 Mar 2013 02:47:46 +0000

In February three of our Corporate Law teachers; Associate Professor Christopher Symes, Dr Suzanne LeMire and Beth Nosworthy attended the annual Corporate Law Teachers’ Association conference hosted by the Centre for Commercial Law at ANU College of Law. The conference theme on Progressive Possibilities provided an opportunity for examining alternative visions for regulation that promote accountability, fairness and democracy. Dr LeMire presented her research in a paper “ASIC and the ‘Duty of Fairness’: A Regulatory Dilemma” and later all three Adelaide academics presented their joint research in a paper “Expertise is the new Game: Obligations on Corporate Managers in Solvent and Insolvent Companies.” This paper combined their varied interests of fiduciaries, governance, ‘gatekeepers’, directors and insolvency practitioners. The conference commenced with a Teaching Roundtable and Dr LeMire and Ms Nosworthy were two of the five ‘Contributors’ who led the discussion on their reflections on teaching Corporate Law. One highlight of the conference was the tribute to Emeritus Professor Harold Ford who died in 2012.
Next February Adelaide Law School has been selected to host this conference.

Photo: Associate Professor Chris Symes, Dr Suzanne LeMire and Ms Beth Nosworthy

Next CPD Event – Social Media: Communication and consequences in a global networked environment

Kerrin — Thu, 07 Mar 2013 23:52:23 +0000

Over 55% of the Australian population now uses Facebook for business, entertainment, personal communication and sharing with friends and family, with the total number of Facebook users globally exceeding one billion. However, as with any communications medium, as users are learning to adapt and evolve in the online environment they inevitably encounter legal problems, including defamation, intellectual property infringement, privacy breaches and employment law issues. Further, domestic regulators have to adjust to a ubiquitous communications platform which is privately owned and hosted offshore, with little domestic legal presence and accountability.
This seminar will provide valuable insights into recent issues arising from the use (and misuse) of social media platforms, such as Facebook, Twitter and Pinterest, and explore the legal context and implications of these scenarios from a practical legal approach. It will also consider the regulatory context within which these private companies operate and the potential consequences for government and end users, including individuals and businesses. This seminar is an opportunity for all those who encounter social media as users, employers and practitioners to deepen their understanding of the legal and ethical complexities that exist in the online world.

Presenters: Peter Campbell and Melissa de Zwart
Chair: Lisa Jarrett, Partner, Kelly & Co.

Peter Campbell is a partner of Kelly & Co Lawyers with a national reputation in Media, Intellectual Property and Competition and Consumer Law. He was recently named as the pre-eminent Technology, Media and Telecommunications lawyer in SA and the pre-eminent IP lawyer in SA in the 2012 Doyle’s Guide. He advises extensively on legal and ethical issues arising from use of social media. He is the Deputy Chair of the Law Council of Australia’s Media & Communications Committee and a member of the Law Council’s Intellectual Property Committee, Competition and Consumer Law Committee and Privacy Committee.

Dr Melissa de Zwart is an Associate Professor in the Adelaide Law School and a member of the Commonwealth Government’s Classifications Review Board. She has published widely on legal issues arising from the digital environment, particularly in the context of copyright and matters affecting freedom of communication. Prior to joining academia, she was Legal Manager at CSIRO, advising on matters of technology and commercialisation. She has provided advice to APEC, the OECD, ENISA and the UK Government on matters arising from electronic commerce, security and privacy in massive multiplayer online games, virtual worlds and other online contractual communities. Her most recent publications include papers looking at copyright and contract in virtual worlds, griefing and protest in online communities, WikiLeaks and legal regulation of social networks.

Date: 28 March 2013
Time: 7.30 am -8.40 am
Breakfast: A buffet continental breakfast will be served, accompanied by tea, coffee and juice
Venue: National Wine Centre (Cnr North Tce and Hackney Road)
Cost: $130 – Standard ticket
$110 – Alumni ticket
*$75 – Young lawyers discount ticket
*(for those who have been admitted for less than 3 years)

The event will attract 1 CPD point (in either legal ethics or practice management).
Further information about this CPD event and other CPD events in the Adelaide Law School Breakfast Seminar Series is available here.

Please RSVP by 26th March here.

Congratulations to Nicole Lederer and Beth Nosworthy

Kerrin — Tue, 05 Mar 2013 01:44:04 +0000

Adelaide Law School’s Dean is very pleased to announce that two colleagues have now had good news on their PhDs.

Nicole Lederer’s PhD on comparative affirmative action systems has been approved by the Examiners and she is in the final days of completing the paperwork. We have been privileged to have Nicole with us and she has established a pathway for our German students to do the PhD following the Masters. Congratulations!

Beth Nosworthy has also had the good news that her PhD on director’s duties has been passed by her examiners. This is wonderful news and will add to the excitement of 2013.

I would wish to congratulate the supervisors of our students. One thing that is clear to all is that there is much support provided by fellow students and colleagues who read Chapters, encourage or cajole the candidate along the road. I thank all those who assisted Nicole and Beth to this great conclusion.

First year induction day welcome to new students

Kerrin — Tue, 05 Mar 2013 01:25:10 +0000

On 1 March 2013 the Adelaide Law School welcomed its new Law students with the First Year Induction Day. The morning started with a welcome by the Dean of Law, Professor John Williams, followed by their preliminary lecture in Foundations of Law. The next three lectures covered the practicalities of the Law School experience. The Student Advisor, Corinne Walding, discussed the ‘nuts and bolts’ of the law degree. Associate Professor Melissa De Zwart alerted students to the perils of social networking, and the serious issue of Academic Integrity was examined by Dr Matthew Stubbs.

Students were then introduced to a panel of law graduates who discussed “Where could your law degree take you?” The panel openly and honestly discussed their career challenges and successes, and reflected fondly on their experiences at Law School. Their recommendations to students included getting involved in the life of the Law school by participating in mooting and social activities, whilst also being open to experiences such as clerking or associateships later in their degrees.The panel, ably chaired by Associate Professor Christopher Symes, consisted of Lewis Gentry from Finlaysons, Captain Dale Stephens, Royal Australian Navy and Adelaide Law School, Belinda Randell from Belinda Randell Lawyers and Karim Soetratma from the Crown Solicitor’s Office.

Photo:(L-R): Dr Suzanne Le Mire (First year co-ordinator), Panel Members: Captain Dale Stephens; Associate Professor Christopher Symes; Belinda Randell

After the panel discussion the students participated in a treasure hunt around campus, led by the Eagles Mentors. The treasure hunt led students to their final destination of the Ligertwood Building where they were treated to pizza, drinks, ice-creams and an “Opportunity Showcase” showing the variety of options available throughout their law degrees. The showcase included the following: Adelaide Legal Outreach Service and Magistrates Course Legal Advice Service; Law Society of South Australia; Graduate Diploma of Legal Services; Student internships; Law Student’s Society/ALSA; Global Experience; Transition and Advisory Service; Counselling and Disability Service; Education and Welfare Officers (EWO); Adelaide University Debating Society; Mooting competitions; Eagles mentoring; Law Library and the Adelaide University United Nations Society.

The day was very well received with a very positive atmosphere and the enthusiasm of the new students was fantastic.

Adelaide Law School Representatives to Visit Canada

Kerrin — Thu, 28 Feb 2013 01:17:27 +0000

Professor John Williams, Dean of the Adelaide Law School, and Associate Professor Paul Babie, Associate Dean of Law (Research), will visit Canada from 11-21 March, and will be at the following university campuses:

March 11th – McGill University in the Leacock Building Lobby from 10am-2pm
March 12th – University of Guelph in the Student Centre from 10am-3pm
March 13th – University of Western Ontario in the UCC building from 10am-3pm
March 14th – Wilfrid Laurier University in the Concourse Hub from 9:30am-12:30pm
March 14th – University of Waterloo in the Student Life Centre from 1pm-3:30pm
March 15th – live webinar chat. Register through http://komconsultants.com/webinars/
March 18th – McMaster University in the Student Centre from 10am-3pm
March 19th – Brock University in the Computer Commons Area from 10am-2pm
March 20th – University of Alberta in the Student Union Building from 10am-2pm
March 21st – University of British Columbia in the Irving K. Barber Learning Centre, Room 261, 1961 East Mall from 5pm-7pm

If you would like to hear more about the exciting opportunities for studying law in Australia, please get in touch, or visit us when we are at your campus. We would be delighted to hear from you — please contact Paul Babie, paul.babie@adelaide.edu.au

Legal academics work together to maximise student’s experience

Kerrin — Tue, 19 Feb 2013 02:22:14 +0000

On 14 February academics from 15 law schools around Australia gathered in Adelaide to attend a workshop on maximising students’ law school experience. The workshop was an important step in an ongoing project being conducted by a group of academics from Adelaide Law School. Anne Hewitt, a member of the project team, has explained the project’s purpose. “Rather than making assumptions about the student experience of learning law, we wanted to take the opportunity to engage with students, and to develop strategies based on their feedback to ensure that each law student finds their study as intellectually and personally rewarding as possible.”
As part of the project all Adelaide law students were asked to complete a comprehensive survey about their experiences. In addition, a number of students participated in focus groups, in which they had the opportunity to offer even more insight into their experiences. Associate Dean Learning and Teaching, Dr Melissa de Zwart, who is a member of the team involved in the project, has explained the trajectory from here. “The survey data and the information provided in focus groups, along with the ideas and strategies discussed at the workshop, will be used to develop concrete strategies which we hope will optimise our students’ experience.”
All students and staff in the Adelaide Law School will have an opportunity to be involved in further consultations arising from the project.
The project has been supported by a Faculty of the Profession Learning Grant, and is one of a number of initiatives focussing on maintaining excellence in teaching and learning at Adelaide Law School.