Kindly supported by Matheson

Tobaccogate - plain and simple In light of the controversy surrounding the representation of cigarette companies in Ireland, Katie Glennon discusses law firms’ moral duties to clients

Inside this issue

A year in Uppsala: Sinead McDonagh reflects on her ‘life-changing’ Erasmus experience

Out of Guantanamo - The Bay and Habeas Corpus: Patrick Rohan looks at habeas corpus as it applies to the prisoners of Guantanamo Bay

Social Section: Kate Donegan brings us up to date on a range of extra-curricular activities that have taken place this semester From the Editor

t the beginning of this academic year the editorial board Cunningham, alumnus of Trinity Law School and current set out to publish, for the first time, a Law gazette in Managing Director of Business Banking at Bank of Ireland, ATrinity College Dublin. We were of the opinion that such where he reflects on his own time in Trinity and offers advice a gazette had the potential to provide an array of benefits to the for current Law students. A second factor we felt was important Law students of Trinity, but we identified two primary goals in this was to engage with the wider professional legal community. In endeavour. The first was to encourage the engagement of the this issue, we are delighted to have interviews with partners Law student body with the pertinent politico-legal issues of our (both of whom are also Trinity graduates!) at Matheson and time, by providing students with a platform to have published Phillip Lee, two of Ireland’s top law firms. brief articles on a broad range of topics. The articles contained in this issue exemplify the myriad of important issues which have As the year is drawing to a close, the reigns must be passed on. captured the minds of Law students this semester; from I am delighted to announce that Peter Marshall will be taking Guantanamo Bay, to female genital mutilation, to property rights over as Editor-in-chief for the next volume of the gazette. He in outer space. The second goal was to add to the active student will be supported by Deputy Editor-in-chief, Katie Glennon. I life we are lucky to have in Trinity, by providing a place for am confident that they will do a fantastic job and ensure that activities coordinated by the student-run law organisations to be The Eagle establishes itself as a permanent feature of student broadcast and celebrated. This is an aspect which we sought to life at Trinity. improve on significantly since the last issue. To this end, we appointed Kate Donegan as Social Editor, who has provided a The publication of The Eagle would not have been possible substantial overview in this issue of various events enjoyed by without sponsorship. In that regard I must extend sincere students during the semester. gratitude to our title sponsors, Matheson, for their generosity, and also to Phillip Lee, the Boston Consulting Group and Beyond these two primary goals, there were other aspects we Deloitte for their support this year. also felt were important. One was to ‘catch-up’ with former alumni of the Law School. The benefits this can provide to Clare Kelly current students is evident in the interview with Mark Founder and Editor-in-chief

Contents Editor-in-Chief Clare Kelly

Interview: Bríd Munnelly, Matheson 3 Senior Editorial Board Lily Cantillon Lights, Camera, Actus Reus: Time to Nicola Cavey allow the camera into the courtroom? 4 Ciara Cosgrave Kate Donegan Out of Guantanamo – The Bay and Juliette Mills Habeas Corpus 5

One Giant Leap for Celestial Property Rights 6 Junior Editorial Board Katie Glennon A Prevalent crime without Prosecution 8 Eoin Hennessy Peter Marshall Tobaccogate – plain and simple 9 Maeve McDonough Print Away the Poverty 11 Róise Ní Mhaonaigh Benn Ó hÓgáin Advocacy in the Limelight 12 Illustrator Fearful Mr. Fox 13 Katie Glennon Erasmus: A Year in Uppsala 14 Photographer Connecting with Alumni: Mark Cunningham 15 Tomasz Szykulski

View from the world of work 17 All opinions and ideas expressed are those of the authors and not necessarily those of The Eagle: Trinity College Law Gazette. Social Round-up 18

2 TheThe Eagle Eagle Gazette Gazette Issue 12 Interview: Bríd Munnelly, Matheson

different clients, each of which regards theirs as being the most important thing. You want clients to feel that they are the only one. That can be difficult. In an international firm you are dealing with big, sophisticated clients. They expect a high level of professionalism and efficiency. Maintaining the highest quality of work with a fast turnaround is not easy.

What is your favourite thing about working in an International firm? The feedback you get from clients can be really rewarding. There have been many occasions over the course of my career where I have been able to step in and help a client when they feel at their most vulnerable. Having that impact is really rewarding.

You qualified as a solicitor in London. How do you think the training in Ireland compares to the training there? I think Dublin and London firms are very similar and the training you receive in both is on a par. In both cities you will find the look, structure and feel of big firms are quite similar. However, in Ireland you may get to do more variety of work, as in London it Bríd Munnelly is a Trinity law graduate from the class of tends to be speciality within speciality. This is perhaps an 1992. A former Auditor of TCD Law Society, Brid is currently advantage of training in Ireland. a partner in Matheson where she specialises in Dispute Resolution. She talks to Lily Cantillon and Katie Glennon Do you think it is more difficult for women to become about her experience of Trinity and life in a commercial law partners? firm. Certainly we’re more successful in law than in any other profession. The same things apply - getting married, having Did you always want to pursue a career in law? Not children. It doesn’t seem to be as much of an issue in law firms. particularly. Like some people I simply filled out the CAO form It’s hard in any career because women do have to make choices. and put down law, not understanding exactly what it entailed. I I would be in favour of any steps that can be taken to encourage didn’t have any real desire at the time to become a lawyer. more equal sharing of parental responsibilities. It should be However my favourite subjects in school were English, Irish, possible for leave to be taken by either parent, with even History and French. I was drawn to the arts and law seemed like compulsory paternity leave! However, a huge number of a good degree to do. Although we had no family connection, solicitors are self-employed, which can make taking time off for my father was an agricultural advisor and looking back now, I any reason difficult. think the idea of a career advising and meeting people was what drew me in. Thankfully, law was the right choice for me! I’ve never felt any discrimination, but it never really crossed my mind for there to be. In fact I think any innate sexism, if it is there, You did your undergraduate in Trinity; what are your fondest can work to a woman’s advantage. If a woman does well, people memories of your time there? I made fantastic friends in Trinity are surprised, but if a man does well, no one blinks an eye. A many of whom I am still in touch with today. My class was filled capable woman becomes memorable. Law is a good career for with interesting and determined people who had opinions, which women to come through. There’s more women successful in law I really liked. I also have very fond memories of the lecturers. They than in any other career - except maybe pop singing! were very approachable; a real wealth of knowledge. Apart from academics, what three qualities makes a great Do you think your degree in Trinity adequately equipped you lawyer? for life in practice? Hardworking. I’ve never met a lawyer I admired who didn’t work The course doesn’t necessarily equip you for life in a commercial hard. Secondly, picking an area that suits you. If you enjoy what firm but I don’t really think it needs to. I trained in London and you do it won’t feel like hard work and you’ll do well at it. Lastly, was surprised to find that less than 50% of my contemporaries having a considered and calm disposition is really useful in a legal had studied law in college. Although four years in Law School setting. initially helped me while at Guildford, when we entered the firm to start the formal trainee programme we got all the necessary What advice would you give a law student who ultimately training required. In reality, we were learning on the job. wanted to be a partner in an international firm? I found that people working in law are very collegiate. Talk to any What is the most challenging part of working in an lawyer you know or come across, or don’t even know! People are international firm like Matheson? willing. Don’t be afraid to talk to people, those are the ones you Juggling between clients is a tough challenge for all solicitors. can be honest with, not the people who are interviewing you. Managing the workflow can be demanding on occasion. In one Networking is just being the type of person who stays in touch day you may have three important things happening for three with people.

TheThe Eagle Eagle Gazette Gazette Issue 12 3 Lights, Camera, Actus Reus: Time to allow the camera into the courtroom?

Paul Carey, JF Law and French

here is currently much debate surrounding the proposal to Many other aspects of public life have already succumbed to allow cameras into courtrooms to broadcast court proceedings appearing on the small screen. For example, television broadcasts Ton television. In an age where the Queen participates in short of Dáil and Seanad debates have become an integral part of the Irish films and the Pope is on Twitter, the refusal to allow cameras into political scene since the early 1990s and this has been met with much proceedings makes the Courts seem more distant and inaccessible approval from the public over the years. Its benefit is particularly to the ordinary citizen than ever. The vast majority of media depicting noticeable around the announcement of the annual budget and judicial proceedings to which the Irish public are exposed is when landmark debates are held – it is difficult to imagine that the American. Very few based on the Irish system come to mind (no, Mrs recent animated disputes between Mary-Lou McDonald and Joan Brown’s Boys: D’movie doesn’t count!) Burton would have garnered any attention had we merely read about them in the newspapers. Televising the courts would lead to similar Many recent high profile court cases have been broadcast on advantages and a greater awareness of the role that the judiciary television screens, leading to important analysis of the nature of legal plays in society. systems and justice in general. Lord Chief Justice Hewart once said that, ‘It is not merely of some importance, but is of fundamental There are a number of constitutional implications associated with importance that justice should not only be done, but should allowing cameras into courtrooms. The issue of “unfair pre-trial manifestly and undoubtedly be publicity” is often cited as a reason seen to be done.’ Our own for prohibiting the filming of court Constitution echoes this proceedings. This issue was first sentiment in article 34.1⁰. Today, brought to the attention of the it is difficult to see how a true Supreme Court in the case of D v application of this maxim could In an age where the Queen participates DPP in 1994. It was stated obiter forbid the broadcasting of court that ‘on the hierarchy of proceedings. in short films and the Pope is on Twitter, constitutional rights there is no the refusal to allow cameras into doubt that the applicant's right to At present, it is difficult for the fair procedures is superior to the public to gain an insight to the proceedings makes the Courts seem more community's right to prosecute.’ judiciary without travelling to the The same issue arose in 2001 in the courts. During high profile trials, distant and inaccessible to the ordinary case of DPP v Haugh (no 2), where such as the widely publicised citizen than ever. a judge used a questionnaire to recent Graham Dwyer case, the determine how biased the jury was Irish public has only newspaper in the trial of Charles Haughey. It is articles and news bulletins to rely interesting that the stay on proceedings was overturned and that on for information. The proposal to allow cameras into our the questionnaire given to the jury was deemed ultra vires. In courtrooms is frequently refuted with the argument that the courts Rattigan v DPP it was also held that the accused’s right to a fair trial are open to the public and that anyone may walk in at any time. It is, took precedence over the public’s right to have the accused however, wholly unrealistic to expect one to make frequent, prosecuted. potentially onerous journeys for the sole purpose of attending a court which only operates during business hours. In addition some may Clearly, in the majority of case law governing this aspect of law, feel the prospect of being a spectator in the courts intimidating. It is potentially biasing the jury is the issue the courts try to prevent. It is, detrimental that so many are denied this opportunity, as allowing the however, difficult to see how filming proceedings will increase unfair public to witness trials first hand would lead to engagement with and pre-trial publicity – it may have a greater effect on the opinion of deeper reflection on our legal system. the general public, but it is unlikely to significantly alter the perceptions of a jury present at a trial. Allowing the public to During the trial of Oscar Pistorius, many questioned the fairness of experience the trial as though they were in the courtroom would not having a single judge and no jury in a murder trial, which lead to in itself give rise to miscarriages of justice, in the same way that further debate on the wider South African legal system. The allowing spectators into an operating theatre would not necessarily experience of hearing the evidence at trial first-hand persuaded engender a complication. many that the contentious verdict was unjust. One wonders what aspects of our system would be critiqued if we had the same It is time that the courts were hoisted into the twenty-first century experience in this jurisdiction. and proceedings allowed to be broadcast through popular media of communication. Televising court proceedings will not make a soap Additionally, there would be a benefit to Irish law students – instead opera out of our judiciary any more than going to court makes a of sifting through lengthy judgments, it would be advantageous for comedy out of the way in which we conduct trials. The Irish public students to be able to re-watch landmark decisions. The judiciary have a right to witness what happens on a daily basis inside our itself also has much to gain, as many lengthy disputes could be easily courtrooms and we should utilise the advantages of modern resolved by replaying a pivotal moment in a trial. technology to realise this.

4 TheThe Eagle Eagle Gazette Gazette Issue 12 Out of Guantanamo – The Bay and Habeas Corpus

Patrick Rohan, SS Law and French

Guantanamo Bay Detention Camp celebrated its 13th birthday chosen because of its mixed jurisdiction; because of acceptance in January. of Cuban sovereignty over the base, the captives were not subject to American law. uantanamo, it might surprise some to learn, is part of mainland Cuba. The US occupied this inlet on the Issues surrounding the substantive and procedural protections GSouth-Eastern corner of the island in 1898 and entitlements of Guantanamo detainees have given rise to a established a naval base there. By 1903, the US and Cuba had litany of litigation. In Boumediene v. Bush, the US Supreme signed a lease granting the US permission to use the land. In Court sat in judgement over a writ of habeas corpus 1934 it was agreed that the US would hold a perpetual lease submissions made in a civilian court on behalf of Lakhdar over the Bay; exercising complete jurisdiction and control over Boumediene, a naturalised citizen of Bosnia and Herzegovina the territory while recognising that Cuba retained ultimate held in military detention by the United States at Guantanamo. sovereignty. In a 5-4 split the Court held that prisoners had a right to habeas Guantanamo has entered corpus under the US the headlines since the Constitution, and that the opening of the US What was the point, one must ask, Military Commissions Act of 2006 government’s detention was an unconstitutional centre on the island in 2002. of SCOTUS extending the suspension of that right. The However, it is not however Court held that the US, by virtue the Bay’s first time to have constitutional right to apply for of its complete jurisdiction and done so. Guantanamo has habeas corpus to those in control, maintains “de facto” in fact reprised its former sovereignty over the territory. role as a detention centre; Guantanamo Bay only to strip it of in 1993 Camp Buckley was The majority opinion surveys used as a location for the all potency by accepting without American historical detention of HIV+ refugees jurisprudence, concentrating on fleeing Haiti and scrutiny whatever Government the application of habeas corpus intercepted on the high evidence is offered supporting to aliens and territories outside seas while escaping to the the borders of the United States USA. In Haitian Centers continuing detention. that still fall under US control. Council, Inc. v. Sale, Sterling They compare these areas, Johnson J said: curiously, to Ireland, pointing out that while it was nominally a “Where detention no longer serves a legitimate purpose, the sovereign country in the 18th century, English habeas corpus detainees must be released. The Haitian camp at Guantanamo review applied since Ireland was under de facto English control is the only known refugee camp in the world composed entirely and shared the English legal system. of HIV+ refugees. The Haitians’ plight is a tragedy of immense proportion and their continued detainment is totally Justice Scalia, dissenting, referenced Johnson v. Eisentrager, unacceptable to this Court.” where the Supreme Court decided that U.S. courts had no jurisdiction over German war criminals held in a US- It is ironic and tragic that Guantanamo, known around the world administered German prison in China: as a hallmark for injustice and desolation should serve as a bastion for US Constitutional Jurisprudence and for the “thus held—held beyond any doubt—that the Constitution promotion of causes in International Human Rights Law around does not ensure habeas for aliens held by the United States in the world. areas over which our Government is not sovereign.”

In 2002, Guantanamo regained infamy upon the opening of In Justice Scalia’s words, the Court’s majority produces: “a crazy Camp X-Ray, a detention centre holding captives of President result: Whereas….all enemy combatants detained during a war, Bush’s ‘Global War on Terror’. The location was specifically at least insofar as they are confined in an area away from the

TheThe Eagle Eagle Gazette Gazette IssueIssue 1 2 5 battlefield over which the United States exercises ‘absolute and with such matters. Perhaps on this point Justice Scalia’s opinion indefinite’ control, may seek a writ of habeas corpus in federal has since found favour with his colleagues. court”. President Obama campaigned in 2008 on the promise of The impact of this decision has however been limited by the ending the use of Guantanamo Bay as a detention centre; a Supreme Court’s subsequent refusal to hear an appeal from a promise that, now approaching eight years and two terms later, series of appellate court rulings questioning the standard to be he has been unable to achieve. Obama was it seems, thwarted applied by judges in these cases. Judges began by closely in his attempts by the lack of any clear procedural infrastructure scrutinising the quality of evidence offered by the government in the Bay as to cases against individual detainees, and has in support of Guantanamo plaintiffs’ continued detention. since been prevented by the US Senate which has voted against Government lawyers started lost cases – until 2010 when the authorising the requisite funds for the Guantanamo’s closure, federal appeals court began requiring federal judges to stop and again against the transfer of detainees to domestic U.S. submitting the government’s evidence to such rigorous premises. examination. During the 2015 State of the Union Address, President Obama Trial-judges now embrace a pro-government presumption that stated that Guantanamo “is not who we are” and that “It’s time Guantánamo evidence is reliable. Government lawyers arguing to close [Guantanamo]”. And so it is. that such a presumption is justified as evidence against the detainees was collected under battlefield conditions amid the “fog of war”. According to a recent study by legal scholars at Seton Hall University School of Law, between 2008 and July 2010 Guantánamo detainees won 56 percent of their habeas challenges. After July 2010, the win rate fell to 8 percent.

What was the point, one must ask, of SCOTUS extending the constitutional right to apply for habeas corpus to those in Guantanamo Bay only to strip it of all potency by accepting without scrutiny whatever Government evidence is offered supporting continuing detention.

Justice Scalia referenced, in his dissent in Bush, that the majority opinion in that case allowed important matters of national security to the remit of judicial intervention, and argued that the judiciary were the least qualified organ of state to deal

One Giant Leap for Celestial Property Rights

Eoin Hennessy, JF Law & French

here lies within all of us an inherent need to explore, to Space exploration, while initiated by competing superpowers, expand our horizons and conquer that which lies just out can now feasibly be continued by private companies. 2013 saw Tof reach. The rich tapestry of time is embroidered with the United States Space Transportation Advisory Committee moments of revelation as the scope of human possession highlight the need to promote an “environment that is expanded to encapsulate the earth. This tapestry is ever conducive to private sector investment”. Planetary Resources, forming and our age has seen us draw the wandering needle an aeronautics company founded in 2010 has the explicit long- towards the stars. When we encounter technological barriers term goal of commercially mining mineral rich asteroids. The we reassess, innovate and overcome. But what do we do when company founded by Peter Diamandis is backed by Google inadequate technology is not our greatest obstacle? What do executives Larry Page and Eric Schmidt amongst others. It is we do when it is the law that stands in our path? hoped that the influx of scarce materials like platinum will boost international GDP and that the water extracted from asteroids

6 TheThe Eagle Eagle Gazette Gazette Issue 12 will undergo solar thermolysis to provide cheap clean fuel. The process of recognising property rights in space through Companies such as this provide an unheralded opportunity to national legislation is littered with possible pitfalls. The Space advance and sustain the human race but they will only provide Settlement Prize Act would resolve the difficulty highlighted by it if is profitable to do so. Private entities must therefore be free space law analyst, Leslie I Tennan, who argues that states will to claim legal title to the materials they extract from space. The only recognise the claims of their own companies leading to status of private property rights in space is ambiguous at best. inevitable international disputes. However subtle variations in Until they are unequivocally recognised, our dreams of national legislation may create conflict. The manner in which harnessing the galaxy will remain frustrated by a lack of private property rights are recognised may vary among nations and sector involvement. multiple entities may claim to exercise legitimate ownership over the same property. Indeed nations whose companies are ill-equipped to adapt to such a legal innovation may steadfastly Foundations of Space Law reject it. The Moon Treaty of 1979 would suggest as much. The founding document of space law is the Outer Space Treaty Article 11 proclaims that space is the ‘common heritage of (OST) of 1967. At the time of its signing mankind’ but the treaty has only been the idea of economic activities in space ratified by 16 non-spacefaring nations. seemed remote and the signatories This disunity has led space lawyer, James were simply keen to prevent the Dunstan to assert that national acts will militarisation of space. It draws heavily not provide adequate clarity. A chaotic on the principles governing the 1959 The status of private property land-grab with little supranational Antarctic Treaty, which sought to retain rights in space is ambiguous oversight is a recipe for disaster. Antarctica as a scientific preserve amidst The resources beyond our atmosphere fears that it could become a glorified at best. Until they are are ripe for exploitation if we invest in military testing facility. Article II of the unequivocally recognised, our our spacefaring technology. Investment OST provides that “outer space, will not flow from politically constrained including the moon and other celestial dreams of harnessing the governments and so we must turn to the bodies, is not subject to national galaxy will remain frustrated private sector to champion this appropriation by claim of sovereignty, by a lack of private sector innovation. The provision of property by means of use or occupation, or by rights for these companies cannot come any other means.” This represents an involvement. in the form of many small legislative absolute prohibition on any steps. Such an approach will only serve governmental attempts to claim celestial territory or hold legal to further distort the murky waters of space law. We must rather title to any material extracted from space. The law regarding overhaul and redraft the OST to create coherent and precise the property rights of private legal persons is much less clear. parameters for the assertion of celestial property rights. The Article VI states that national governments are internationally ensuing legal certainty can only be construed as a giant leap responsible for activities in outer space “whether such activities for mankind as we lay the foundations for the future of the are carried on by governmental agencies or by non- human race as an interplanetary species. governmental entities”. Given that the OST has never been interpreted in court it is uncertain whether this responsibility equates private claims to property with the kind of “national appropriation” forbidden by Article II. All that is certain is that no private company will risk substantial capital to claim celestial property without an assurance that they can keep what they find. Bringing an end to uncertainty through national legislation One solution to this uncertainty may be the Space Settlement Prize Act. This is a proposed bill drafted by the Space Settlement Institute in the USA. If enacted the bill would see the United States recognise the property rights of private entities of all nationalities. This inclusive approach may remove the issue of national appropriation. Every nation could enact similar laws granting recognition to the claims of all private bodies. The draft legislation would permit any private entity having established a permanent space settlement to apply for property rights. This property could then subsequently be sold to real estate investors to finance the endeavour. A company could theoretically form a state in its own right capable of granting national citizenship and even applying for UN membership.

The Eagle Gazette Issue 21 7 A Prevalent Crime Without Prosecution

Julianne O’Sullivan, SS Law

I just remember being very terrified and wishing I could investigated? With the relevant legal framework in place, why run away, but it was very dark. Then later two women, one has the State failed to prosecute a single person under the Act? “of them was my aunt, held me down. The room was dimly The same question can be asked of England where legislation lit. The next thing I felt was a very sharp pain. I attempted to cry has been in place for over 28 years. They host a much larger but my aunt told me not to cry. A few minutes later, it was all African community than Ireland, yet only one person has been done. I was in a lot of pain…My grandmother congratulated prosecuted. The answer is that the investigation of this human me for being brave and is proud that now I am a woman, I rights violation risks the contravention and contention of other refuse to see it that way.” This quote from sixteen-year-old rights. Detection of FGM is the most difficult task. Suggestions Nkatha illustrates the horrific process of Female Genital of mandatory examinations of schoolgirls have been shot down Mutilation (FGM), which countless young girls endure. given privacy law and child welfare issues, meaning the detection of FGM is the most difficult task. FGM has become an increasingly prevalent issue for Western Countries. It is both a gross violation of Perhaps the prosecution of those who human rights and a form of child abuse. carry out this crime is not the aim of the The practice consists of the partial or Act. Viewing it as a preventative measure full removal of the female genitalia, can add to its value. The Act protects those vulnerable by means of deterring often without an anaesthetic or hygienic surgical tools, for cultural or other potential offenders and punishing those unnecessary reasons. It may be carried FGM has become an who have committed an offence under out at birth or throughout a young girl’s increasingly prevalent issue the Act. Having the act in full legislative life as she matures for example before force achieves the aims of; protecting or after she gives birth. It may also be for Western Countries. It is young girls, and informing would-be carried out if a woman and her husband both a gross violation of offenders of the criminal nature of the will be apart for prolonged periods of offence. time to ensure her fidelity. According to human rights and a form of UNICEF, the procedure occurs in an It must be said that this progress of estimated 28 African countries; in child abuse. raising awareness in Ireland of FGM can countries such as Ethiopia, Somalia and be hugely attributed to the work of Sudan. It is estimated that on average, AkiDwA. AkiDwA has not only succeeded approximately 87% of women there have undergone this in building momentum in Ireland about the issue, but has gone abhorrent procedure. on to become a founding member of the European End FGM Network, a network of 11 organisations across Europe working FGM has recently been brought into the spotlight of the Irish together to advocate for action in Europe in regards to FGM. media. In the late 1990s and early 2000s, the country th experienced a huge influx of asylum seekers. There were 11,634 Ireland’s first FGM clinic opened its doors on the 7 of May last applications for asylum in 2001, a number of whom have been year, with the aim of providing treatment to the victims in affected by FGM, or fled their country of origin due to their fear Ireland. This specialist clinic adds hugely to the work being of being subjected to it. According to AkiDwA (the network for done by Irish doctors hitherto; a doctor may refuse to ‘re-sow’ migrant women living in Ireland) there is a conservative victims after they give birth in an Irish hospital. estimation of 3,780 victims of FGM living in Ireland. Fortunately FGM has also been recognized, in principle, as grounds for for these women, the Criminal Justice (Female Genital refugee status here. Difficulty arises in the situation that while an Mutilation) Act 2012 eliminates the defence of culture or asylum seeker may have physical proof that she is a victim of consent for those prosecuted for carrying out FGM. FGM, showing the risk of persecution on return to her country The Criminal Justice (Female Genital Mutilation) Act 2012 also of origin has its difficulties. The common misconception that provides for the prosecution of those who perform the act in FGM is a once-off procedure is ill founded, as it can in fact occur another jurisdiction where the victim is a resident in Ireland, and numerous times throughout a woman’s life. also makes it illegal for any child to be taken abroad for the Luckily, Ireland is no longer ignorant of the situation, and has purposes of FGM. While no cases have been reported in become a place of refuge for victims of FGM, and a safe haven Ireland, there is anecdotal evidence that first-generation African for young girls potentially at risk. parents living here have condoned FGM being carried out on their daughters upon visits to their African countries of origin. FGM is not just an issue for those in far-away countries. It is a global issue, it is a European issue, and it is an Irish issue. So, why is it that there have been no prosecutions to date? Why have these ‘anecdotal’ cases of FGM in Ireland not been

8 TheThe Eagle Eagle Gazette Gazette IssueIssue 12 Tobaccogate - plain and simple

Katie Glennon, JS Law

n recent weeks, there has been much public scrutiny of law think about cigarettes, but increasingly the principle of plain firm Arthur Cox’s dual representation of tobacco packaging for harmful products has begun to be applied to Iconglomerate Japan Tobacco International (JTI) and the other industries. Health Service Executive (HSE). This has raised questions as to whether law firms owe a moral duty to their client’s causes. The Is complete marketing shut-down a rational route? Consider the HSE immediately issued an icy statement over the controversy, advertising of gambling. Under international regulations, big condemning Arthur Cox’s actions. Minister for Children James gambling companies like Paddy Power can have all the glitz, Reilly is refusing tenders from parties with ties to tobacco glam, audacious and funny marketing campaigns they please companies. Certain cancer charities are (“money back if Oscar Pistorius walks”), now refusing donations from Arthur but crucially, they cannot glorify Cox. Is this an extreme overreaction, or gambling or tell people they will be rich. should law firms actually have to answer Yes, “It could be you” skates close to the moral questions? Would you hire a lawyer who line and it has been disputed in the past. Before lighting the match on this topic only represents innocent There is an element of corporate social (first and last pun), let’s cover something people? responsibility assigned to gambling imperative; smoking is bad. In 1990, the companies. That is why every site has Surgeon General claimed that smoking helplines to quit gambling. Some sites is ‘the most extensively documented cause of disease ever even have “responsible gaming” tabs with information on investigated in the history of biomedical research.’ And she was closing gambling accounts and helplines a-plenty. right. The World Health Organisation’s latest figures show that smoking accounts for nearly 6 million deaths a year worldwide. Drinking is bad too. So, as per a mutually responsible system, However the dangers of smoking are not what is being alcohol carries its own warning. How often have you seen disputed by JTI. This issue is about arguing for limits to the “enjoy XYZ responsibly” or “drinkaware.ie” plastered on a beer extent that our government should be able to control the ad? branding of businesses. What about McDonald’s? Or Burger King? How often have we Large corporations spend billions on developing their brand. been told to enjoy whatever mound of grease we’re being Tobacco companies sell a legal product and have the exact peddled “as part of a balanced diet”? same marketing needs to turn a profit. The legislation proposed will require the removal of all branding from cigarette packets. The marketing of cigarettes could take this route. Instead of the All packets will become the dullest colour the Government can Government dissuading adults from what they can and can’t imagine with a standardised black font merely telling you the have, there could be responsibility given to customers. Why not brand of the cigarettes, with the remaining 65% of the packet keep the branding, but print the number of a quitline on the covered in those old familiar warning images. box?

Advertising and branding is an attempt by providers of goods That’s not the point. The question here is not whether we and services to communicate information to consumers about should get people smoking. People know it’s bad. “SMOKING the products they provide. It’s a fairly indisputable principle that KILLS” isn’t something people scoff at when lighting up, they the autonomy of consumers is optimised when all parties have know the damage they’re doing. The real question is whether maximum information. The issue being raised by JTI is whether or not a law firm should represent a company that provides a the government can link advertising to the beneficial nature of legal product when one of its most basic set of rights in a free the products. This may be a difficult idea to accept when we market is being eradicated.

TheThe Eagle Eagle Gazette Gazette IssueIssue 1 2 9 In the end, Arthur Cox is representing a company that sells a The ethics of advertising: legal product to a population that knows it’s bad for you. They a question of free speech? aren’t shoving cigarettes into anybody’s mouths.

Free market philosophy says that any restrictions on advertising JTI’s case hinges on public interest on a point argument about are offensive to business sovereignty and a constraint on plain packaging and governmental control of advertising. individual liberty. Should people be free to harm themselves Arthur Cox is defending this argument, without which, the provided that they are fully informed about the harm they risk? Government would remain unchecked on where their control of the billions spent by companies on branding their products The main focus of the media attention and debate has been on is going. Is this not a worthwhile endeavour? How many cancer Arthur Cox. Is Arthur Cox unable to represent the interests of patients are benefiting more from taking a stance on what side both the HSE and JTI? Arthur Cox is a private firm hired to of the argument on plain packaging Arthur Cox have been hired provide a service. If you avail of the firm’s services, it will legally to represent, rather than the money their treatments could have represent you to the best of its ability. JTI are not initiating been given. action against the HSE, nor are they personally attacking cancer patients. So where is the conflict of interest? JTI is arguing that there should be a limit to the paternalism of the State. So while it is difficult to defend the tobacco Should we divide up law firms based on which moral stance companies on their taking of any sort of moral stance, the they take on any one issue? What would be the benefit of argument that they are forwarding could be a valid public requiring law firms to personify themselves, poll their interest question. There has been an unfair level of political employees and devise a detailed stance on which issues they pressure placed on parties by the Government. At the very will defend? Legal representation is, in nature, open and least, it should be debated fully by both the public and the impartial. It is a constitutional and human right. And it’s courts. important that both sides of every argument are represented for their own merits.

10 TheThe Eagle Eagle Gazette Gazette IssueIssue 12 Print Away the Poverty

Lucie Heseltine, JS Law and Political Sciences

t has been joked that, in the future, we will never need to 3D printers does not infringe on EC intellectual property law. leave our homes to do anything. We will even be able to However, one may be liable for infringement if any patented Idownload and print our shopping without needing to step designs, logos or copyrighted materials are included in 3D outside the front door. This is becoming a terrifying and fast- printed products. There is much confusion at this moment in approaching probability. Worries of further human reclusion time as to what is considered legitimate in the use of this aside, the invention and proliferation of the 3D printer has technology. been heralded as one of the greatest advances in technology in recent years. In particular, 3D printing has the ability to The African Regional Intellectual Property Organisation is reduce the gap between rich and poor in developing responsible for the Harare Protocol. It encompasses 15 African countries. In countries such as Angola and Togo, 3D printers states and contains a number of stringent intellectual property are being used to convert plastic restrictions which would apply to 3D refuse into viable products, allowing printing in a large portion of the those living in poverty with access to developing world. Accordingly, it is waste products to make a living. against the law to use any constituent However, in spite of the evident social 3D printing has the ability to part of a pre-existing design, even if and ecological benefits of this type of incorporated into an otherwise new small-scale production, there remains reduce the gap between rich pattern. This is massively constricting extensive restrictive intellectual and poor in developing for budding entrepreneurs who may not have access to entirely fresh and property legislation inhibiting the countries growth of this industry. functioning designs to be used in their enterprises. Recycling waste materials and reducing their production has been in the zeitgeist for many Currently, any person printing a design not entirely of their own years, and this would appear to tie in with advances in viable conception, design and format can have proceedings brought new technologies. While the technology exists to melt down against them, thanks to the Hague Agreement. This and reform plastic into useful products using 3D printing, Agreement reinforces intellectual property laws and developments are made every day to do the same with other conventions from around the world. While it is paramount that materials, such as certain metals. “Perpetual Plastic”, a project the artistic and industrial integrity of the owner of a patent of set up by a team from Delft University, strives to completely a product be protected, there is certainly a gap in the law that cut out the waste of certain types of plastic, allowing things could allow for the creation and sale of 3D printed goods like old water bottles and party cups to be turned into plastic made from recycled materials. For example, lapsed intellectual insulation and flower pots. This innovation could be property of perfectly effective malaria drugs that are now transplanted into poorer countries with a high number of obsolete in the West, but are still perfectly marketable in the landfills. As a result, where many people make a meagre living developing world. of $1USD per day collecting waste, they would instead be able Allowing the intellectual property to wane on products made to sell recycled plastic filament for $15USD per kilogram, from refuse plastic, such as farming equipment or water filters, pulling themselves out of poverty. would allow for the mutual economic and ecological It is one thing downloading and using an open source template improvement in developing countries. This would see no for personal use, such as printing a hair comb or a key fob, but detriment to those who had originally patented an out of date profiting from the results of that template is something else design. A simple and elegant solution to reducing poverty. altogether in the eyes of the law. Surprisingly, personal use of

The Eagle Gazette IssueIssue 1 2 11 Advocacy in the Limelight

Sonja Heppner, JS Law

Limelight’, a film written, starring and directed by Charles Chaplin is a marvellous example of advocacy. It is Charles ‘Chaplin’s last pitch for the dying art form of mime comedy. Since advocacy is any lawyer’s daily bread and butter, we may stand to learn a thing or two from this masterpiece. Even though the golden age of silent film was already over when the film was made in 1958, Charles Chaplin advocates for its comeback with ‘Limelight’. He recognises that the endeavor is futile, but nevertheless takes a stand. The film as a whole is the pitch of a falling titan.

As all work by Charles Chaplin, ‘Limelight’ reflects the artist’s talent to identify beauty in tragedy. At first glance, ‘Limelight’ is a story about a comedian who falls from grace, only to die in peace immediately after his greatest comeback. At second glance, the film poignantly tells the story of the end of Chaplin’s own artistic era – that of silent film and mime comedy – and the coming of another era. Rather than complaining about the end of an era, Charles Chaplin stages the death of the same with stunning poise and dignity. ‘Limelight’ thus conveys the message to always hold one’s head high against all odds and maybe even to find beauty in the unexpected.

This message is transferable to advocacy. Advocacy is the skill of persuasion. Complaints are never an effective measure to At the end of the film, Chaplin says “I am an old weed. The persuade an opponent. Poise is. Holding one’s head up is more I am cut down, the more I spring up again. I believe I am important. It means not to be a coward, but to be courageous dying, doctor. But then I don’t know. I have died so many and attentive, even when defending a disastrous case against times.” Every time an audience booed Chaplin’s character off a devastating opponent. Even if the case is not to be won (at the stage, a part of him would die. An advocate is also ‘on first sight), one can still find beauty in the art of advocacy. stage’ and can fall from grace, sometimes due to his or her own Above all, an advocate owes the display of his or her best skills shortcomings, other times due to disadvantageous to the client. By enjoying advocacy, one may even stumble circumstances. upon an unexpected route to winning the case. The lesson to be learned from ‘Limelight’ is: Whatever the reason for a fall from grace, there is always a way to make a comeback. An advocate’s motivation and confidence lies at the heart of their ability to adapt to new circumstances and to learn from mistakes. What makes Charles Chaplin’s pitch for the dying Advocacy is the skill of art form of mime comedy so effective and endearing is that he persuasion. Complaints are speaks from his own experience. He projected his personality into ‘Limelight’ as advocates project their personality into a never an effective measure case. May we be as passionate about advocacy as Charles to persuade an opponent. Chaplin was about mime comedy – and may we remember Chaplin’s lesson to never let pride cast a shadow over Poise is. opportunities that lie ahead.

12 TheThe Eagle Eagle Gazette Gazette Issue 12 Fearful Mr. Fox

Michelle Brennan is a Junior Sophister Law Student.

e are a nation applauded for our many accolades; our Other arguments made by mounted followers to defend the discoveries in science, our scholars and our vast bloodsport suggest it is a practice akin to wildlife Winternational standing. All of this recognition and documentaries where, large cat families hunt and kill more success is disproportionate to our small population. Yet with vulnerable species. Such comparisons are both illogical and certain issues Ireland is also a country in the minority. We are a incorrect. country that fully accepts and participates in a sport that, in When a wild animal catches kills and eats prey it is natural. The certain regards falls out of kilter with our great beginnings. animal is performing an essential function. It is doing what is “If following the commencement of the dig, it becomes apparent instinctive. Should we not allow nature take its course? There is that the fox is inaccessible for the safe humane dispatchment, it after all a natural food chain; both animals and humans are all may...be bolted with the objective of being caught” programmed for self-preservation. By contrast, such bloodsports represent the antithesis. Participants construct an environment The above quote is in reference to the 1998 Foxhunting Codes purely for the purpose of torture. They create an environment of Conduct. This quote (along a variety of articles within the code) where there is no necessity, no succinctly elucidates the cruel function and no purpose. and utterly barbaric nature of Environments built on death fox hunting. The code outlines and torture. the practice expected by those partaking in the “sport”. With foxhunting banned in Yet upon inspection it England Scotland and Wales, becomes clear that this code Participants construct an it is unfortunate that our is inappropriate, vague and government and legislature riddled with loopholes. It environment purely for the remain in a state of inertia on stands as nothing more than a such matters. Recently T.D means to an end allowing the purpose of torture Maureen O’Sullivan has raised barbarity and cruelty of this concerns about the on-going pastime to prevail. practices of cruelty, high- lighting a recent incident wherein one fox was chased by 37 In reality foxhunting attracts a specific coterie. It is a sport of hounds over 13 miles. She insisted, acquired taste however its practice remains prevalent in our society. Every week animals are terrorized, hunted and eventually “It is time we decided this is extremely cruel, that it is not sport killed as a mere pastime. and that we remove the exemption for fox-hunting from the Animal Health and Welfare Act,” The arguments in favor of fox hunting mostly relate to farming incidents. Expressions prevailing to the tune that foxes are Unsurprisingly her remarks were greeted by Minister for marauding pests killing sheep, chickens et al. Agriculture Simon Coveney declaring, “whether or not we should have fox-hunting in Ireland...we have made our decision”. However, a variety of studies contradict such statements. The Irish zoologist, James Fairley fully illustrates the lack of evidence It is prejudice that such practice receives pardon from the Animal in such counter arguments in his book ‘An Irish Beast Book’. Health and Welfare Act 2013. If this practice were to be carried out on a domestic animal it would be considered a criminal “A great deal many allegations of lamb killing are based on offence. insufficient or even non- existent evidence. When interviewing farmers I found that in some cases, a dead, unwounded animal Other such practices should not be over-looked as less or the mere disappearance of a lamb were attributed to the work significant. Practices such as greyhound coursing and mink of the fox.” hunting are equally barbaric in nature. It is not necessary to be an animal lover or an ardent animal rights lobbyist to comprehend Similar studies published by The Department of Agriculture that such practices are not in keeping with the civilized society we Veterinary Laboratory’s PJ O’Dwyer suggest that predation proclaim to live in. represented 0.63% of the deaths of the 315 carcasses studied. Dr Sean Flanagan author of the procedures Reducing Lamb Losses” With the issues of the 8th amendment, Charlie Hebdo and gender published in the Western Research Centre Co. Galway states; equality making headlines, it is understandably easy to forget that such cruel injustice of equal proportions are occurring “During the lambing season, the most common cause of lamb elsewhere. This time these injustices are occurring to those losses are starvation (no suck), hypothermia and disease without a voice to raise awareness. infections.”

TheThe Eagle Eagle Gazette Gazette IssueIssue 1 2 13 A Year in Uppsala

Sinead McDonagh, JS Law and Business, describes her ‘Erasmus’ year in Upsala

he opportunity to live in another country for a year, fully darkness descending for most of winter. While this is common immerse myself in the culture and become one of the knowledge, no one warned me of the incredible sunsets that Tlocals has always piqued my interest. The Erasmus accompany the setting sun. It was a joy to experience this programme provides a wonderful chance to do this before even unique landscape for the winter months. Another Swedish leaving college. The year that I have experienced living in novelty and a personal favourite of mine is the practice of ‘Fika’. Uppsala has been like no other and I couldn’t recommend it Fika is essentially an excuse to meet with friends at any time of enough. the day over a tea or coffee, and it usually involves a cake of some sort. The thing about university towns is that in August a wave of international students will descend upon the city, as unalike in Focusing on Uppsala, the Flogsta Scream is not a myth. Almost their nationalities as they are similar in their yearning to make every night students will scream out of their windows in friends. This completely alleviates the fear of being alone in a response to someone’s initial call announcing that it is ten new city because you’re all o’clock. The rush of being the initiator of such a bizarre tradition alone, together. is indescribably exhilarating.

Student accommodation There is simply no downside fosters this wave of new to an Erasmus. I have enjoyed friendship as you constantly every minute of it and the meet a stream of new people experience has been life- until you can sift through and University cities are melting pots changing. Scandanavia is find those that will lead to of cultures, which really open known for being effortlessly lifelong friendships. My cool and aloof, but my Erasmus was my first your mind to the world and your Erasmus has given me the experience of living alone and opportunity to crack the hard I worried about being place within it. outer core of the local culture completely independent for and revel in sweet novelties the first time in twenty years, that combine to make this an but the freedom is exhilarating and I’m still enjoying it now. incredible city and a once in a Without having to answer to anyone or live by anybody else’s lifetime opportunity. schedule, I’ve been able to discover a style of living that suits me. It is the simple things like this that really add to the experience.

I was lucky enough to be able to study multinational subjects, like European Law and International Marketing, with people from all over the world whose personal experiences bring a whole new dimension to the subject. University cities are melting pots of cultures, which really open your mind to the world and your place within it. While this further wetted my appetite to travel, combined with all the opportunities to travel on Erasmus anyway, it has also led to my development of a deep appreciation for Ireland and all of the attitudes and behaviourism that our country has instilled within us. Forgive me for the cliché but I know I won’t be the same when I return. My view of Ireland and the world has been irrevocably altered for the better and my eyes widened by all of the people I’ve met and cultures I’ve experiences.

For instance there are the idiosyncrasies that make Uppsala the place it is. An oddity that affects the whole of Sweden is that of the winter darkness, with the sun setting before three and

14 TheThe Eagle Eagle Gazette Gazette Issue 12 Connecting with Alumni

Mark Cunningham graduated from the Law School in 1984 and is Managing Director of Business Banking at Bank of Ireland. He speaks to Clare Kelly about his time in Trinity, the career options for Law graduates and the importance of involvement by students in politics.

What are your best memories from your time in When I was in the Law School I think there might have only Trinity? been 58 or 60 students in our law class, and there wouldn’t have been more than 370 or 380 in the whole Law School. So We had a great time in Trinity. We were uniquely lucky because the Law School was pretty compact.. The whole University was when we were going to law school in Trinity there really were much smaller and much more homogenous. It meant that you only a couple of universities teaching a law degree so it was a got a better understanding and a better knowledge of what very select gathering. The calibre of the lecturers and was going on on campus and it also meant that there was a professors that we had was unique both from a legal and a better camaraderie throughout the whole school in terms of political point of view. In terms of people who subsequently knowing different individuals and coming into contact with made a major impact in the political world, we had Kader them. I think the other big difference – referring both to the Asmal, who became a Minister in the first Mandela background of individuals who were doing law and to our government, lecturing us in International Law, Mary McAleese professors and lecturers – is that as a group there was a much lecturing us in Criminal Law, Mary Robinson lecturing us in greater level of political awareness and a much greater European Law, and Brian Lenihan lecturing us in Commercial involvement in politics, with an emphasis on trying to Law. Also lecturing us at the time were all of those who were understand what the challenges of the day were and how the perceived to have written the seminal legal texts: Rob Heuston law that we were studying related to them. So whether that in Tort Law, William Duncan in Family Law, Patrick Ussher in was in the International Law context with Kader Asmal, whether Company Law, Yvonne Usher in Environmental Law and then it was in the European context with Mary Robinson, and so Kieran Corrigan (who eventually got around to writing the Tax forth, there was a much greater integration and interaction books which he was doing for about ten years!) in Tax Law. So involved in that. One of the things that I would see nowadays, we were uniquely lucky in that regard. They would have and slightly challenge the Law School and the University , is brought a huge breadth of experience, all being very much at that there doesn’t seem to be a huge level of involvement the forefront of thinking at the time and also very much at the among students in the politics of the day. I think that challenge forefront of using the law in a political context to challenge is particularly acute for the Law School because, ultimately, what was going on. So my memories would be hugely positive some cohort of the students coming through the Law School of a very challenging environment intellectually while we were should become the legislators of the country and you want the at college. legislators of the country to have a greater understanding as to what’s going on on the ground by being involved in grassroots And from a social perspective? politics. Oh from a social point of view we also had a great time! I mean, college is very different today. Kids going into college There is going to be an election next year,yet the percentage at 18 wouldn’t have had any of the range of experience that of people in the Law School who will be involved with parties people start getting now from 14, 15 or 16; they wouldn’t have of any shape or form in the election – involved in preparing had the travel experiences and wouldn’t have had the manifestos or involved in canvassing – I’d say, is very small. I cross cultural experiences. It meant college was a real think that is something lacking and certainly something which eye opener and awakening for lots of people. We also had a would be beneficial if it changed because, in theory, we are very significant Northern influence in the Law School.While not trying to educate the leaders of tomorrow in a university in college at the height of the Troubles, we were there in the context and politics is a key component of that.. middle of the Hunger Strikes. We had people in our class with relations in Long Kesh and people who were related to Unionist MPs, so we had the full swathe of political views in the Speaking about students’ futures and given that spectrum. That was certainly interesting and provoked very you were a guest judge on The Apprentice, what lively debate. opportunities do you think there are for young entrepreneurs? What do you think is the biggest difference I think most people who come out of college don’t know what between being a student in your day and being a they want to do. I read a study recently which indicated that student now? Not that it was that long ago! people of my generation have on average 3 or 4 jobs in their Well it is quite some time ago! I think the single biggest career and the people of the current student generation are difference for me is just the size of everything that’s going on. going to average something like 16 different jobs or roles in

TheThe Eagle Eagle Gazette Gazette IssueIssue 1 2 15 their career. So people coming out of university today are capacity and standard and have the ability to understand and going to do a variety of different things before they settle interpret situations. It is then back to the question of the desire, down into whatever it is they see as their career. I think that the willingness and the courage to stand up in the face of lots the Law is a discipline and training. It is both training the mind of opposition and shout stop. This brings me back to the whole and training people to look at things in a structured fashion. All political question again of individuals needing to say that there of that is hugely beneficial. I have absolutely no doubt that are certain things they want to change about the way things there are students in the Law School who are already are done in society or the way things are done in the world. entrepreneurial minded. So those who are running various With the legal background and training they can understand societies or running the small business ventures on the side, how to go about that. You then need them to have the strength they’re the ones who are going to be entrepreneurs. What and courage of their convictions to stand up and to do that they’re going to bring into the entrepreneurial world is this kind and to seek to make that happen. of structural approach and background which they have learnt in their academic career. Would something like tighter regulation forcing people to shout be the best option? In terms of employers out there, when you talk about This is not about regulation,and that is not to say there is entrepreneurs I would talk more about business. Whether anything wrong with regulation. The reality, unfortunately, is you’re in the accounting firms, large multinational firms, or that regulation is usually closing the stable door after the horse whether you’re in the banking sector people coming out with has bolted. What is required is individuals in business, a law degree are hugely well regarded and hugely in demand individuals in law firms and individuals in accounting firms, to across those firms. It is a question of what students do 5 years be cognisant and to have their minds suitably open to after they graduate really rather than what they do next. recognise things that are going wrong. That’s number one. But although people might do that or may have done that, very What led you personally from law into the few had the courage to stand up and be really determined to financial sector? say I want to do something about this. You would like to think that our universities, and particularly our law schools, are Well I did a multiplicity of jobs: I have worked in the aid world educating people to understand the need to do that, but also in Africa, I have worked in politics and I have an accounting giving them the backing and courage to go out and do it. background. I suppose when I was coming out of college I was looking for what seemed to be the most interesting graduate programme. I both needed and wanted to work and earn some Is there anything else you’d like to say? money straight away. I got an offer to go onto a graduate The only other thing I would say to your readers is that it’s programme in what was then the Investment Bank of Ireland, impossible for people at age 21 or 22 to understand what they which was just starting up, and I studied accounting at night to are going to do when they come out of college and that many sort of hedge my bets, so that’s the route that I took. Some of of them will do a variety of different things before they settle. my colleagues went to the Bar or some were articled and went When I see my colleagues who have started off as solicitors or the solicitor route, but lots went into accounting, lots went on doing the New York Bar and have ended up as music to graduate programmes in the UK and lots went on to promoters or working in Hong Kong in the banking sector, graduate programmes in the States. People worked in places having got there through a variety of different moves, it shows such as Diageo, Unilever, JP Morgan, Coca Cola and so on. Its that students just need to try to figure out what they think is the merely looking and trying to figure out what the next best step next best thing for them. The next best thing for them should for people. be something that they think they will enjoy because the more that people enjoy something, the better they will do at it. Also, Speaking of the ability of those with a legal just because they start doing something, doesn’t mean that they have to stay in that forever. background to cross into different disciplines, what role do you think lawyers could play in preventing another financial crisis from happening I think that the law degrees today are probably a bit more practical than they were in our day, in the sense they are again, given your experience of it? focusing a bit more on the practicalities and practices of law I think when you look at all the analysis that has been done into rather than the pure intellectual arguments.. But this does not the financial crisis there are two things which stand out as part necessarily mean that everybody who does a law degree is of the problem. First is the lack of independent thinking and going to practice law. So, if there’s an aspect of the law, or an the second is the lack of courage and determination to stand aspect of their training, or an aspect of a particular subject that up and shout about it. So whether people are lawyers, or they like, that’s what they should pursue next. In a year or two’s whether they are economists, or bankers, or whatever they may time they can change and they will change that’s what should be, I have no doubt that they are of a certain intellectual be borne in mind as they ponder the next steps!!!

16 TheThe Eagle Eagle Gazette Gazette Issue 12 View from the world of work

There is a lot of competition yet a candidate can make a good Patrick Walshe, head of employment at Philip Lee, is a impression very quickly. Trinity law graduate. He talks to Nicola Cavey and Ciara Cosgrave about his experience at the firm since 2007. Would you say that a Masters graduate has an advantage over those who go straight into the FE1s? No I wouldnt. Perhaps if a candidate has done a Masters in IP and How would you describe the culture of Philip Lee? they express an interest in ultimately working as an IP lawyer, that Philip Lee is in a good place between a small firm and a big firm could impress as having a greater degree of maturity in planning and I say this having worked in both. In big firms there is a ahead. However, I do a lot of interviews and I’ve never perceived tendency for trainee solicitors to do certain types of limited tasks. Masters as giving a particular advantage, apart from maybe a In a medium sized firm like Philip Lee a trainee finds their work personal advantage in pursuing a personal area of interest. equivalent to that of a solicitor very quickly. There is a real chance to grow and bring yourself on which is a huge advantage. We’re What factors push people up the ladder quickly? not so small that the apprentice is practically appearing in court, The first factor is obviously ability. However, beyond anything else, but not so big that they’re doing tedious work that often does not it is willingness to assist that is the most important. Graduating benefit your practical education. from Trinity, it’s most likely that you have ability, but attitude is critically important. You’re going from being top dog in college to What role does corporate social responsibility play at Philip being at the lowest rung of the ladder. Lee? Philip Lee’s most important project is Connect Ethiopia. This was a In terms of what is the best thing for a newly qualified to do, don’t massive project which had been ongoing for a number of years. expect to be able to do it all immediately. Take little steps. I can Philip Lee established this charity to bring the rule of law to remember thinking that there wouldn’t be a vast difference Ethiopia. Certainly any law firm I’m aware of has never done between the theory of law and the practice of law, but in fact there something like this, and it’s a factor that makes us stand out. is an enormous gulf between the two. These are two different skill Corporate social responsibility definitely plays a role in the firm’s sets which you have to have concurrently in your head. work. Finally, what is your advice to students graduating from Trinity What are the best steps to take to get the training contract? this summer? Number one, think about what kind of firm you want to work in. Before you leave, think of ten things that you haven’t yet done as Number two, apply for an internship while you’re still in college. In an undergraduate and go out and do them. You’ll never have my experience any interns who come in here and stand out will be another time like your time as a student in Trinity, so make the very remembered if they choose to come back for a training contract. most of it while you can!

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TheThe Eagle Eagle Gazette Gazette IssueIssue 1 2 17 SOCIAL SECTION

ince The Eagle’s last edition there has been a plethora of The academic year came to a great end with the annual Law Sexciting events for the Law School community! School Cabaret on March 25th. For those not there - you missed out! Starting it all off was the Law Ball on February 9th hosted in the Mansion House which was, without doubt, the best night of the It has been a fantastic social year for the Law School community academic year for those in the Law School and set a very high and as we say goodbye to the legendary Class of 2015, we bar for all following social events. hand over the reins to next year’s worthy Senior Sophisters. In doing so, The Eagle would like to wish the all incoming Senior Sophisters Nicola Cavey, Emma Kate Cooney and committees the best of luck in 2015/2016. We are sure it will be Kirsten Nelson de Burca have been jetting off to exotic another unforgettable year. destinations (Oxford and Brussels), the Oxford Institute of Comparative Law French Moot Court competition and an EU Kate Donegan, Careers policy writing competition respectively. Social Editor ELSA have had a wonderful semester, with a particular highlight being their incredibly well-attended talk on the right to free speech and the January events in Paris. The Trinity College Law Review, headed this year by Senior Sophister Caoimhe Stafford, had another great year. Their launch night, organised by Ellen Campbell, was greatly enjoyed by all who attended. The Law Soc Mock Trial and Moot Court competitions both ran another very successful season. Congratulations to all involved, especially convenors Sarah Maguire and Katie Scott! Senior Sophister Alison Kelly is the social responsibility star of Senior Editorial board at the launch of The Eagle’s first the Law School for 2015. Her hard work all year long resulted in issue (left to right): Lilly Cantillon, Nicola Cavey, Clare the most successful Law Day and a Jail Break like the Law Kelly, Juliette Mills and Ciara Cosgrave. Society has never seen. Congratulations Ali!

internship in Capitol Hill, Washington. In addition to this the winning team and the best first year team received a cash prize. Mock Trial 2015 Over 150 people were in attendance on the night and the event was followed by a lively drinks reception. The 12 person jury The Law Society’s Mock Trial Competition is now in its eighth was chosen at random from members of the audience, which year and is a staple of the society’s calendar. Over 40 teams, encouraged huge participation. The final problem question was ranging from first to fourth year, signed up to participate in this based on ‘The Game of Thrones’ and provided for great year’s competition. The competition comprised of six enjoyment. competitive rounds and for the first time, the finalists partook in a mentoring programme whereby they spent time with a The feedback from the barristers was overwhelmingly positive, barrister who advised them on their tactics and speeches. The all of them agreeing that the competition teaches the final, sponsored by Matheson, was held on the 10th of February participants invaluable skills for both their professional and and the Society was delighted to welcome Supreme Court personal lives. Congratulations to the Law Soc Mock Trial Judge, Mr Donal O’Donnell, Court of Appeal Judge, Mr Gerard Convener Sarah Maguire for organising such a successful Hogan and High Court Judge, Ms Deirdre Murphy to competition. adjudicate it. The prize for the best speaker in the final was an

[L-R] James Ringland, The Hon. Mr Justice O’Donnell, Conor Burke, Sarah Maguire, Colum Holland, The Hon. Ms Justice Murphy, The Hon. Mr Justice Hogan

18 TheThe Eagle Eagle Gazette Gazette Issue 12 Moot Court Law Day – 15th March, 2015

The preliminary rounds of the Moot Court took place in November,with 16 teams competing from all years. Every round required each team draft a memorandum and present their legal arguments to the judgement panel which consisted two barristers. The final of the competition took place on the 27th of January and was adjudicated by Ms. Justice Mary Finlay Geoghegan and Mr. Justice Gerard Hogan. Cillian Dervan and Kyle Bradshaw (Respondent) and Caoimhe Stafford and Paul Behan (Appellant) were the two teams to make it through to the final. The final problem question centred on the issues of unconsti- tutionally obtained evidence and unlawful detention.Caoimhe Stafford and Paul Behan were awarded as the winning team, with Caoimhe winning the best speaker award. Congratulations Law Day Turtle with Volunteers [L-R] Kean Kavanagh, to all who partook in the competition and to Katie Scott the Alex Spain, Emma-Kate Cooney, Ali Kelly, Clara Melly, Society’s Moot Court Convener for orchestrating such a Lily Cantillon, Joey Irwin, Alex Byrne, Kiernan McNulty. successful competition. On 19th of February TCD Law Society showed its altruistic side by focusing its collective efforts to fundraise for the Mercy Law Resource Centre as part of “Law Day”, kindly sponsored by Maples. The Mercy Law Resource Centre provides legal aid to the homeless or those at risk of becoming homeless. The centre works closely with Focus Ireland as well as Citizens Information to assure that those in need have access to the information, benefits and ensuring that housing standards and regulations are upheld. The centre has many links to Trinity Law School as Professor Gerry Whyte sits on their board. The day itself got off to an early start with Law Soc volunteers flooding the streets bucket collecting. Throughout the day a [L-R] Paul Behan, The Hon. Mr Justice Hogan, Caoimhe number of fundraising events were held including a table quiz, Stafford, Cillian Dervan, The Hon. Ms Justice Finlay football tournament and slave auction. In total 3,500 euro badly Geoghegan, Kyle Bradshaw needed funds were raised for the centre. Jailbreak15

“Jailbreak” was launched in 2013 by TCD Law Soc, Trinity VDP and DU Amnesty. The idea being that competitors have to get as far away from campus as possible in a 36 hour period, without spending any money, and all for charity. In its first year €14,000 was raised with the winners making it as far as Argentina. In 2014 the competition expanded to a number of colleges, gained a significant media following and raised €40,000. Growing on the experience of the last two years, Jailbreak15 took a slightly different format. The competition was a race to an undisclosed location that was released to the teams in clues over the course of the weekend. On Saturday 7th March nearly 200 students from eight colleges set off from the starting point in Collins’ Barracks to “location X” which was subsequently revealed to be the castle over looking Lake Bled in Slovenia. An important aspect of Jailbreak15 was the emphasis placed on the charities themselves, each team had to perform a number of charity challenges on their journey to publicise the work of SVP and recent campaigns run by Amnesty Ireland. At home people following the event were encouraged to participate via the #MyJailbreakChallenge text nomination campaign on social media and were kept up to date on the teams process via the website and twitter feed. So far Jailbreak15 has raised €64,500 for Amnesty and SVP. Colm O’Gorman, head JailBreak 2015 winner’s Ahmed of Amnesty Ireland, spoke on the importance of the event. “Those participating in Muazzam and Hugh Weldon cooling Jailbreak are acting for human rights: those who give them sponsorship money, those off after a heated race to the finishing who share their status updates online and those who sign our petitions.” line at Lake Bled. The winners of Jailbreak15, Hugh and Ahmed of Trinity, arrived on Sunday afternoon in Bled after a nail-biting race to the finish.

TheThe Eagle Eagle Gazette Gazette IssueIssue 1 2 19 Law Society Careers Breakfast

On February 6th, the Law Society hosted its second annual Careers Breakfast. Mr Denis O’Brien, one of Ireland’s leading entrepreneurs and business men, spoke to attendees about his own career and what he believes are the keys to success. He emphasised the important contribution business and entrepreneurship makes to the Irish economy, but also highlighted the role legal policy plays in encouraging or stifling activity. Mr. O’Brien urged young lawyers to be innovative in meeting the dynamic needs of their clients. The breakfast also provided students with the opportunity to network with representatives from some of Ireland’s leading graduate employers from the legal, business and tech Speaker Denis O’Brien at this industries. years career breakfast.

Law Society Student Colloquium

The Colloquium took place on Saturday, 7th February. Now in its seventh year, the Colloquium provided 34 speakers (including many TCD law undergraduates and postgraduates) with the opportunity to present their legal research at panels chaired by faculty members. Attendees and speakers mingled and exchanged ideas in a collegiate and professional atmosphere. They came from universities across Ireland, the UK and Europe – and for the first time we also had speakers from the USA. The day ended with the Fourth Brian Lenihan Memorial Address, named in honour of one of the Law School’s most prominent graduates. The Colloquium was delighted to have Mr Justice Professor Yvonne Gerard Hogan deliver the address, with Professor Yvonne Scannell returning from her retirement to Scannell speaking at chair the session. The address took place in the Long Room Hub for the first time and it was attended the Colloquium. by over 100 guests. The guests joined the committee afterwards for a lively wine reception.

EU Careers Challenge 2015: The Digital Agenda On February 13th 2015, Kristen Nelson de Burca won the EU Commission in Charlemagne, Brussels. The teams were Careers Challenge, run by the European Personnel Selection required to answer questions in both English and French. The Office. She was matched with a team from across Europe who prize was a one-on-one appointment with an in-house were asked to write a 1,500-word policy paper and make a psychologist who specialises in training and assessment centres video relating to one of their ideas. The team wrote their paper for the EU, giving the winners a once-in-a-lifetime chance to in English and created a video in French. Adjudicators chose see what it takes to land a job with the EU. The Eagle would Nelson de Burca’s team’s policy idea to advance in the like to extend its congratulations to Kirsten on her success. competition. Policy papers were presented at the European

Kirsten Nelson-de Búrca with her team members Jean-Vincent Vallée (University of Leicester) and Loren Cooper (University of Leicester) and Robert Madelin, Director-General of Connect, and David Bearfield, Director of EPSO.

20 TheThe Eagle Eagle Gazette Gazette Issue 12 Launch Night of Volume XVIII of the Trinity College Law Review: An Evening of Conversation and Celebration

March 3, 2015 marked the Launch Night of Volume XVIII of the Trinity College Law Review. The event was held in Trinity’s Long Room Library and was attended by judges, lawyers, sponsors, and Friends of the Law Review, and the faculty and students of the Law School. It was a pleasure and privilege to welcome Mr Justice Michael Peart as our Guest Speaker, who reflected on his life in law. His overarching message resonated with both experienced and budding lawyers: Appreciate the value of education and richness of learning, and embrace the unexpected challenges and rewards that life inevitably brings. Presenting the Reddy Charleton award for best article, Mr Justice Peart stressed that the award was a matter of personal preference and that all the published articles were capable of winning this prize. He chose Emilie Ghio’s article “European Insolvency Law: Development, Harmonisation and Reform; a Case Study on the European Internal Market”. The Hon. Mr Justice Michael Peart speaking at the launch Volume XVIII of the Trinity College Law Review. Professor Desmond Ryan presented the Gernot Biehler award for Best Case Note to Clara Hurley for her piece on PP v Health Service Executive. France’s Linguistic Diversity” which is awarded specifically for non-law students. Other prize winning articles in this years’ volume include “The Impact of Positive Action on Positive Law Freedoms - Proposed The Senior Editorial Board would like to extend our warmest EU Directive on Gender Balance in the Boardroom” by Niall thanks to everyone who attended the Launch and made the O’Connor which won the Norton Rose Fulbright Prize for Best evening so enjoyable, and to our sponsors’ generosity. Finally, Commercial Law Article, “The Role of Dignity in Human Rights we would like to congratulate all our winning authors once Theory: Constituent or Teleological?” by Tom Lowenthal which again, especially Emilie Ghio, this year’s most worthy recipient won the Inaugural FLAC Prize for Best Article Relating to of the Reddy Charleton award. Human Rights or Social Justice and “Das Strafmundigkeitsalter Student copies of Volume XVIII of the TCLR may be purchased in Irland: Ist die Zeit Nun Reif fur eine Reform?” by Shauna for €10 by contacting [email protected]. Friends of the Law Keniry which won the German-Irish Chamber of Commerce Review may order and pay for their copy online at Prize for Best German Language Article. Gavin Radford won the www.trinitycollegelawreview.org. Inaugural Arthur Cox Alternative Perspectives Competition for his article “French Language law: The Attempted Ruination of Ellen Campbell & Caoilfhionn Sheil

Oxford French Law Moot Competition

When we first received the Oxford French Law Moot problem question we thought, “what could be easier than solving a landlord and tenant dispute over a ferret?” It transpired that the problem question involved extensive research and required delving into depths of French law that were previously unknown to us. Albeit challenging, representing Trinity in the Oxford French Law Moot Competition was an enjoyable and rewarding experience. It was interesting to compete against other Law and French students from all across Europe. We met representatives of the Comparative Law “Institut René Capitant”, the French international law firm Gide Loyrette Nouel, and the French Cour de Cassation. The highlight of the day was when Monsieur Alain Lacabarats, president of the Cour de Cassation in France, approached us to compliment us on our performance, which he thought was “parfait”! [L-R] Emma-Kate Cooney, Monsieur Alain Lacabarats, Emma Kate Cooney and Nicola Cavey Nicola Cavey SS Law & French

TheThe Eagle Eagle Gazette Gazette IssueIssue 1 2 21 Senator Ronan Mullen then spoke briefly on his support for the ELSA Talk on Freedom of current blasphemy regime describing it as one of the last Expression protections afforded to the Catholic Church in Ireland. Finally, Dr O’Dell opened with the famous words, “Je Suis On 7 January the University Times reported that Dr Ali Selim, an Charlie”. He argued that it was up to the offended person to adjunct lecturer in Arabic Language in Trinity and spokesperson confront their taunter and explain to them why they shouldn’t for the Islamic Cultural Centre in Clonskeagh, made comments make the offending comments. He described Irish blasphemy threatening legal action against any Irish newspaper that law as antiquated and ‘Orwellian’, noting the high standard republished the controversial Charlie Hebdo cartoons. Dr Selim required to be found guilty of blasphemy under the Defamation argued that blasphemy could be pursued under the Act. He concluded with the words, “the best answer to speech Defamation Act 2009 and that “the fact that you don’t agree is more speech”. with the law does not give you the right to break the law.” The Conor O’Brien article received an overwhelming response from students and was promptly followed by an article, penned by Dr. Eoin O’Dell who disputed Dr Selim’s legal claims. On 11 February, ELSA hosted a panel discussion on the topic of ‘Freedom of Expression, Blasphemy and Charlie Hebdo’. Dr Selim opened the discussion by arguing in favour of retaining Ireland’s blasphemy laws. He suggested that the law protected minorities, particularly those whose views conflicted with Western values. He argued that there was a blatant hypocrisy in the West where people encouraged freedom of expression as it suited them and condemned others when they disagreed with their own values. He noted that in the case of Charlie Hebdo, people were overwhelmingly supportive of the freedom of the writers to publish drawings of Muhammad. However, Dr Selim Senator Ronan Mullen and Dr Ali Selim addressing Trinity pointed to numerous examples in France where persons were Students at ELSA’s ‘Freedom of Expression, Blasphemy being imprisoned for inciting hatred by criticising the Charlie and Charlie Hebdo’ panel discussion. Hebdo writers.

Law Ball

King & Queen: James Ringland and Julianne O Sullivan. Lily Cantillon and Max Doyle.

(L-R) Kean Kavanagh, Rob Foley, Finn Murphy and James (L-R) Nicola Cavey, Emma-Kate Cooney and Wian Ringland. Veerwood.

22 TheThe Eagle Eagle Gazette Gazette Issue 12 (L-R) Clíodhna Golden, Hannah Beresford, David Brazil, (L-R) Daire McMullin, Niall Mulligan, David Brazil, Hugh Sinenis Sweetser and Shannon Buckley Barnes. Cronin and Patrick Kirk.

(L-R) Kate Donegan, Julianne O’Sullivan, Lily Cantillon, Clare Kelly, The Trinitones. Juliette Mills, Sarah Maguire, Katie Scott and Louise Flanagan

The Law Ball 2015. (L-R) Shannon Buckley Barnes, Hilary Hogan, Hannah Beresford, Anna Hayes, Rachel O’Byrne and Molly Whelan.

(L-R) Will Shanahan, Dervla Collins and Laura Lambe.

TheThe Eagle Eagle Gazette Gazette Issue 12 23 The first rule of success

European Law Firm of the Year 2015 Surround yourself with the best Hedge Fund Journal The success of Matheson has been built on the implementation Financial Times 2012-2014 of a clear client-focused strategy and a commitment to Matheson is the only Irish law firm commended by the excellence. Above all, however, we achieve results through our Financial Times for innovation in corporate law, finance investment in talented people. We aim to recruit individuals who law, dispute resolution and corporate strategy. will play an important role in the future success of the firm. Law Firm of the Year 2014 Irish Pensions Awards To find out more about our award-winning Trainee Lawyer or Irish Tax Firm of the Year 2013 Summer Internship programmes visit International Tax Review www.matheson.com/graduate-programme

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