The Reasonable Observer

17/04/2024

NEW ARTICLE ALERT: https://www.monashlss.com/post/climate-in-the-courtroom-examining-the-rise-of-corporate-climate-litigation

Read Monique Westcott's analysis of the rise of climate litigation against corporations and the current rules and regulations regulating the space.

By Monique WestcottRead Monique Westcott's in-depth analysis of climate litigation against corporations and the current rules and regulations regulating the space. In an era defined by the urgent need to combat climate change, the intersection of law and corporate responsibility has become a focal p...

18/03/2024

New post now on the Reasonable Observer: Read Co-editor Elli Murphy's comprehensive analysis of fast fashion and the need for a regulatory framework in Australia.

By Elli Murphy, Co-editor In the wake of the fashion industry’s rapid expansion, a holistic regulatory response is required to prevent the industry from further harming the environment.In this day and age, calling fast fashion one of our generation’s most unique and pressing environmental challe...

14/02/2024

We can’t wait to see you all there, use the QPay link to get your tickets!

** SOCIAL JUSTICE & EQUITY GUIDE LAUNCH **

The Monash Law Students' Society invites you to join us for the launch of the Social Justice & Equity Guide 2024 to explore career opportunities in social justice and the public interest.

VENUE: Monash Law Moot Court, Clayton Campus
WHEN: Tuesday 5th March 6:00pm to 7:30pm

* Meet our esteemed guest speakers
* Mingle with like-minded students interested in social justice
* Enjoy some delectable canapés
* Collect your FREE, LIMITED EDITION of the Social Justice & Equity Guide! (only available to those in attendance on the night)

We have created a Guide that is your go-to for a range of volunteering, internship and career opportunities available to Monash Law students interested in social justice.

Don't miss out. SPOTS ARE LIMITED!

Registrations will close at 11:55pm on Friday 1st March.
TICKETS $5, register here: https://clubs.getqpay.com/?eid=22669

Contact Georgia at [email protected] if you have any questions.

[Image Description: There is an orange background with a cream square banner at the top. Geometric swirls of pink on the corners of the bottom left and top right side of the orange portion and a pink dove sketch on the cream banner. The cream banner reads, "2024 Social Justice and Equity Guide Launch". The text in the centre of the orange portion says, "A panel of experienced social justice experts, a free physical copy of the guide, food, drinks and great company." The text at the bottom of orange section says, "Thursday 5 March / 6pm. Moot Court at Monash Clayton." QR Code is positioned in the bottom left corner with an arrow pointing to it with the words "Scan this to register attendance!"]

30/11/2023

📢 Just 24 hours left, we want to hear from you! 📢

Would you be interested in taking part in a social justice and equity writing competition? 📚✍️🎓✨

The competition aims to provide students an opportunity to explore a topic of social justice that interests them from a legal perspective utilising case law, legal commentaries and incorporating current affairs viewpoints and academic readings from various other disciplines.

🗓️ Survey closes Friday 1 Dec so let us know whether you would consider participating via the link: https://forms.gle/3cHuN5oNWAGdpw6t5

24/11/2023

Please share your feedback. The more interactions the more incredible opportunities the LSS can put together!

Would you be interested in taking part in a social justice and equity writing competition? 📚✍️🎓✨

The competition aims to provide students an opportunity to explore a topic of social justice that interests them from a legal perspective utilising case law, legal commentaries and incorporating current affairs viewpoints and academic readings from various other disciplines.

🗓️ Survey closes Friday 1 Dec so let us know whether you would consider participating via the link: https://forms.gle/3cHuN5oNWAGdpw6t5

13/08/2023

As Justice Kirby cautions, 'inflicting the death penalty is the ultimate acknowledgment of the failure of civilisation'.

This week, the Reasonable Observer is delighted to publish Monique Westcott's informed analysis about the challenges of the death penalty in international law.

Click the link to read on:

By Monique Westcott, co-editor of The Reasonable Observer

28/07/2023

As we approach the upcoming Australian Indigenous Voice referendum, discourse about the significance of altering the Constitution to recognise the First Peoples of Australia is more important than ever. Having just completed the Voice to Parliament Clinic with the Castan Centre for Human Rights Law, Thomas Ponissi shares his thoughts on why constitutional change is imperative.

Click the link to learn more:

The Voice is a modest proposal, but it’s one that the Left should be proud to support.

24/04/2023

Climate change is everyone's enemy. However, as Gavin Choong of the Grata Fund elucidates, some First Nations and Torres Strait Islander communities are directly threatened by rising sea levels.

By Gavin Choong Climate change is everyone's enemy. However, as Gavin Choong of the Grata Fund elucidates, some First Nations and Torres Strait Islander communities are directly threatened by rising sea levels. While spending the majority of his adult life on mainland Australia, Eddie Koiki Mabo’s...

11/04/2023

"As the Uluru Statement declares itself - ‘in 1967 we were counted, in 2017 we seek to be heard. We leave base camp and start our trek across this vast country. We invite you to walk with us in a movement of the Australian people for a better future’."

In this week's article, co-editor, Monique Westcott, comes to a judgment on the efficacy of the proposed Voice to Parliament.

Co-editor, Monique Westcott, delves into this highly topical issue. Indigenous Australians have a long and continuing connection to the lands and waters of Australia. Aboriginal and Torres Strait Islander cultures are rich in knowledge, passing stories from generation to generation, and hold a uniqu...

02/04/2023

War crimes lie at the heart of the Russian invasion of Ukraine. Will Putin be brought to justice?

The efficacy of the International Criminal Court is scrutinised as co-editor, Ella Day, investigates this topical issue.

Read on:

Russia has undoubtably committed some of the worst war crimes this decade has seen. Will justice be served?

26/03/2023

Welcome, dear reader, to the first pages of The Reasonable Observer, 2023!

This week, co-editor and law student, Georgia Summerhill, investigates the relationship between artificial intelligence and the Rule of Law.

If writing an article on a legal topic of your choice is something that piques your interest, please contact Elly at: [email protected]

How can the Rule of Law be maintained in light of the evolving dynamic between technology and personal freedom?

24/10/2022

In our final feature for this year, Monash law student, Kani Balamurugan, discusses a topical human rights issue that has fuelled indignation and concern across the globe: the overturning of Roe v Wade.
What does this decision mean for Australia? What needs to be implemented nationwide to expand access to compassionate abortion care? Read it here.

What does the overturning of Roe v Wade mean for Australia and what needs to be implemented to expand access to compassionate abortion care?

21/10/2022

"I think what we should move towards is to give every single victim and complainant the opportunity to participate in a restorative process, and for them to make an informed decision on a voluntary basis about whether that’s something that could potentially assist them." (Kate Clark)

In the fourth and final interview of their Restorative Justice Project Series, Thomas Ponissi speaks with Kate Clark, the Legal Director of Clark & Associates Mediation Services.

Read on to explore Australia’s lag in restorative justice, race and gender, the importance of collaboration and more.

Thomas Ponissi speaks with the Legal Director of Clark & Associates Mediation Services about Australia’s lag in restorative justice, race an

19/10/2022

"I think part of the problem is that it’s a real taboo subject. If you know someone that's been in prison, or if you have a family member that's been in custody, it's not something you want to talk about. There's a lot of shame there." (Rachel Powning)

In the third interview of their Restorative Justice Project Series, Thomas Ponissi speaks with Rachel Powning, the General Manager of the Neighbourhood Justice Centre.

Let Thomas open your mind to issues of non-punitive justice, workplace dynamics, stigma around criminal offending and more.

Thomas Ponissi speaks with Rachel Powning, the General Manager of the Neighbourhood Justice Centre.

18/10/2022

"I welcome the opportunity to work with defence and police. You have to speak to good people in those institutions who well understand that when force is used, this is often a failure, and understand that they need to be better linked up with public health mechanisms to work effectively." (David Moore)

In the second interview of their Restorative Justice Project Series, Thomas Ponissi speaks with David Moore, the President of the Australian Association for Restorative Justice.

Click the link and feed your legal mind about participatory democracy, generation-long projects, Will Smith and more.

Thomas Ponissi speaks with David Moore, the President of the Australian Association for Restorative Justice.

11/10/2022

"The irony is that a lot of that tough on crime approach is focused on what should happen to the offender. I think that obsession actually diverts us from listening to victims of crime and really engaging with their experience." (Nareeda Lewers)

In the first interview of their Restorative Justice Project Series, Thomas Ponissi speaks with Nareeda Lewers, the Manager and Convener of Open Circle at the Centre for Innovative Justice.

Read on to learn about intersectional feminism, vicarious trauma, vicarious transformation and more.

Thomas Ponissi speaks with Nareeda Lewers, the Manager and Convener of Open Circle, at the Centre for Innovative Justice.

11/10/2022

If you have studied criminal law, you are likely well aware of the structural injustices embedded in our criminal law system. The next question becomes - what do we do about it?

Enter... Monash Law's very own Thomas Ponissi!
Introducing the ‘Restorative Justice Project Series’, for which Thomas has collated research through interviews with leading lawyers who have carved out a path in restorative justice.

Together, they will be taking you through what exactly restorative justice is, how it can give victims practical justice, and how it can address the problem of recidivism.

This may just be the spark for a career that you have always dreamed about...

Join us on The Reasonable Observer to access and enjoy these vital interviews that are your first step towards pursuing justice in the law.

05/10/2022

“Closing the gender wage gap goes beyond just ensuring equal pay - it requires cultural change to remove barriers impeding women and promoting equal participation of women in all aspects and varying levels of the work.”

In this week’s TRO submission, Shreshtha Gupta takes a deep dive into the history of the gender wage gap, the persisting barriers in our 21st century and what workplaces need to do to promote substantive change.

What is the gender wage gap, why does it persist and what can we do to improve the situation?

11/08/2022

In this week’s article, The Reasonable Observer subeditor, Celina Domingo Alba discusses mandatory sentencing in Victoria. Is it a necessary ‘tough on crime’ approach or merely perpetuating a cycle of reoffending? Let us know your thoughts in the comment section below 👇

Is mandatory sentencing in Victoria a necessary ‘tough on crime’ approach or merely perpetuating a cycle of reoffending?

10/08/2022

APS Jobs, gateway to the Australian Public Service.

05/08/2022

Transgender and gender-diverse athletes are increasingly taking part in elite sports globally, a positive development for inclusive representation. However, athletes are encountering barriers to their participation, including exclusionary policies justified by fairness and safety concerns.

Nicholas Crouch examines how Australian sporting bodies have responded to this issue, and how their policies contribute to the challenges local athletes face.

Examining Australian sporting bodies' response to this transgender inclusivity, and how their policies contribute to these challenges.

25/07/2022

https://www.monashlss.com/post/a-brief-glimpse-into-addiction-and-the-law-in-victoria

For the first piece of Semester 2, we take a dive into the interplay between addiction and the law which has always featured at the forefront of contemporary legal debate. Is Victoria doing enough to support those facing addiction through its laws, or does it need to follow the footsteps of international approaches? Gabriella Kazenbroot-Phillips discusses in this week’s article.

Is Victoria doing enough to support those facing addiction through its laws, or does it need to follow international approaches?

31/05/2022

It has been five years since the Uluru Statement from the Heart was released. This week’s article explains the history of discrimination faced by both Indigenous Australians and Chinese Australians, as Gavin Choong urges the Chinese community and all Australians to vocally support a First Nations constitutional voice.

Five years since the Uluru Statement from the Heart was released, we revisit a history with chapters of discrimination.

18/05/2022

You may have seen it before scrolling to this post or you may see it later as you peruse your social media – political campaigns have filled our feeds. In the lead-up to the election, is it problematic that political advertising on social media remains largely unregulated by federal electoral laws? Isabelle de La Masse-Homsy explains in this week’s article.

Is it problematic that political advertising on social media remains largely unregulated by federal electoral laws?

11/05/2022

Our unconscious thoughts may be innocuously reflected in our everyday actions. But what happens when these thoughts interact with the justice system and result in adverse outcomes for society’s disadvantaged groups? Erin Atalla explores the troubling issues when unconscious biases subtly tip-toe its way into the legal system and why it must be addressed.

By Erin Atalla Introduction Pit bulls are dangerous. Eating salad is healthy. Black people are criminals. The unconscious mind jumps to assumptions more willingly than the conscious. If one is unaware that their behaviours are shaped by their biases, they may not realise they are acting with prejudi...

04/05/2022

The Sharma judgment was hailed as one of the first in the world of its kind - a common law case explicitly dealing with the consequences of government policy on climate change. Sharma created a duty of care between the federal minister for the environment and the children of Australia. Just last month, this was overturned. Why did the Full Federal Court do this - and does the Court have the power to protect Australians from climate change?

By Lucy Glover Earlier this month, the full Federal Court of Australia unanimously held against a duty of care owed to Australian children by the Commonwealth Minister for the Environment when exercising power under the Environment Protection and Biodiversity Conservation Act (‘EPBC Act’) to app...

27/04/2022

Earlier this year, Victoria recognised that s*x work is work with the passing of the S*x Work Decriminsilation Act. How far does it go to ensure the working rights of s*x workers, and what will s*x work in Victoria look like now? Mirella Wong explains.

By Mirella Wong The decriminalisation of s*x work in Victoria has been a long time coming, with policy advisers working towards the decriminalisation of s*x work in Victoria since 2001. The public discourse was marred by remarks insisting that the government was attempting to create ‘taxpayer fund...

21/03/2022

“Ukraine has pointed a spotlight, and a bright one at that, to the actions of the Russian Federation for the whole world to see – and that might be all that matters.”

What role can the international legal system have in the Russian invasion of Ukraine? Analysing the recent provisional orders issued by the International Court of Justice and the parties’ reliance on the Genocide Convention in their arguments, Dev Sharma examines its consequences for the future of the conflict and the interpretation of international legal instruments generally.

What role can the international legal system have in the Russian invasion of Ukraine?

14/03/2022

“Several weeks ago, a family member recommended a podcast to me... As soon as I pressed play on ABC Radio’s Unravel True Crime: Juanita, I was hooked... Then came a plot twist I hadn’t anticipated: when I finished episode six of Unravel, the remaining two episodes of the season were no longer available…”

True crime podcasts have garnered increasing popularity in today’s day and age. But with the complexity of crime, can traditional forms of storytelling adequately convey the underlying issues of such events?

Thomas Ponissi asks: when we listen to true crime podcasts, do we hear the dog whistles underneath?

When we listen to true crime podcasts, do we hear the dog whistles underneath?