Friday 26 February 2016

The major flaw in a young legal mind

This piece is available in audio form - can you believe it!? 

Recently I found myself questioning what it is that I love about law. For years, I've boldly claimed that I love everything about it, the good sides, the boring sides, the dull sides, the corrupt sides and the mind-blowingly complex sides.

However, I've discovered that I don't.

Don't get me wrong, I'm still in love with the law, I'm just coming to realise I don't love it all. Some may claim that this is the natural reaction of maturity. A realisation that law is as diverse as it is complex. No one area can be called the same for each were created to deal with a different issue.

Each field has its appeal much like various types of burgers. Vegetarian burgers offer healthy choices, but meat always seems more satisfying. Just like property law provides clear legal intrigue – but we all know human rights law holds the complexity that can only be described as the way your mouth waters when you see the juice run off a steak.

Some parts of law seem to sizzle with excitement and something in my brain can't help but choose it over other options. What's interesting is that I have never before considered I would choose one area over another.

And why not choose property law?

Who can deny the thrill of sending a caveat request or delving deep into native title to discover a real and continuous connection to the land?

What is not to love about intense contractual negotiation? Surely there is no lawyer that can't feel that warm-belly satisfaction of having both the best deal and a happy client. It's a rare combination but the drive to achieve it lives in the heart of every property lawyer.

So then why do lawyers find themselves not enjoying it – or any other branch of law?

I could give hundreds of analogies for where the enjoyment and deep-set love for each branch and denomination of law come from but it wouldn't explain what I mean.

It is not merely a branch of law I have questioned my love for, it is the traditional study of it.

In some senses, the study of law is not the law itself. The study of law often misses the raw truth about the foundations of our society.

For the study of it misses the fact that the law is merely concrete.

I am speaking in metaphor, where concrete refers to the dark grey, rough-edged and unattractive foundations upon which a house is built. The house is society and it is because of concrete that it can stand firm. Just like the law the concrete we know remains partly unfinished because there's always a chance of extending the house; somewhat unsightly, because there's no way to ever completely make it polished and mostly it does not carry the flourish and beauty of the house above it.

A builder, as a lawyer, will see the beauty in concrete – but I am beginning to question if the study of law can create people that appreciate such imperfection. Too often I have been taught to ask why there is a hole in the law.

Should it not be assumed that if there is such issue, it is open to interpretation? Do I honestly need another academic to tell me this?

As a young student of the law, I'd like to propose that the study of law is failing to build the legal mind. The legal mind must learn that law is not a solid block of polished marble which is the feature of a house. Rather it is the unpolished and unfinished block of concrete that holds up the house.

So what is it that I have fallen out of love with?

Arguably it is not a side of the law. Perhaps it is more a theology of law – I wish more academics openly embraced the imperfection and omissions of law. If we had such comprehensive documents not only would governments become overwrought with predicting, protecting and presuming but courts would lose their flexibility.

Is it not the beauty of the common law system, that it advocates for adaptability? Is not a national pride that our judges have an acute awareness of the need for interpretation when providing modern justice.

Is it not obvious that this openness to interpretation has provided justice in times of hopelessness. While easily overridden, statutes should not be a comprehensive source of law, rather they are a mere crutch upon which the courts rest interpretation.

I am no legal theologian but the more I study independently and work with professionals it dawns me that I have held the law to be perfectly created. Studies of law propose old law is overwritten with new law. But the truth is, there is no such thing as new law. Instead we merely refine and add to an old, imperfect foundation.


Students and lawyers all must realize the aim for perfection is not futile in law, but perfection in law will not come from what is recorded. Rather each lawyer must act as the mouth piece through which justified interpretation can occur. I have fallen out of love with calling law perfect – rather, it is imperfectly providing the lectern from which lawyers provide justice.

Lulu Hensman

Tuesday 16 February 2016

Working Families; An issue kept well hidden

I'm sure those of you who follow me on social media are aware that I spent the last two months overseas, two weeks of which I was privileged to spend with a charity called working families.

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My desk at working families :)
Working families is a charity aimed specifically individuals who are either caring for children or other sick individuals. Their bases currently only exist in Scotland and England but their work has been monumental to climbing over the wall of difficulties that both men and women face in the work place. It is steadily becoming a symbol of workplace flexibility which multiple studies have proven increases productivity [http://www.forbes.com/sites/ccl/2011/06/29/flexibility-can-boost-employee-productivity/#75eaa5b25d04]

My initial thoughts about the charity were that they would provide legal advice to all those who called on their hotline [0300 012 0312 ] however I quickly discovered their efforts were far greater and more diverse. Within the two weeks that I spent there I helped organize networking events, think tanks, policy presentations and research compositions. It was a massive variety and I can only say that the members within the office of working families had an adept ability to switch from paper work to practical work. I found my self constantly amazed by their empathy, communication and legal knowledge. Continuously the members were grounded, practical and realistic as they dealt with the problems of the modern workplace.

Some of the general issues included:

  • Helping with employer/employee relations
  • Explaining rights to leave, sick leave and other benefits
  • Analyzing potential discrimination cases
  • Assisting individuals in continuing work place progression
  • Decoding some of the work-related benefits

Those who live in any country where benefit schemes are enforced will know their complex nature. Yet Working Families manages to decode some of the broader issues of the new welfare policy Universal Credit [http://www.workingfamilies.org.uk/articles/869/]. At a policy presentation Working Families stood for the ability of low income families to have access not only to jobs but to quality child care.

Too often hard working employees are forced to turn down jobs that offer them more responsibility and pay because the jobs have less flexibility and mean that individuals lose out on benefits. This benefit loss can have the consequence of costing more than they are earning. Unfortunately research [http://www.bbc.com/news/business-35475350] shows the startling truth that Universal Credit is dropping off key benefits and losing that practical aspect of welfare.

Key reasons that families lose money is because;

  • Child care is too expensive
  • They lose flexibility increasing the need for extra care
  • Often gain expenses like eating out and more travel

Additionally without support families may face;

  • increased levels of stress
  • decreased time together
  • Higher levels of anxiety
  • relationship/life dissatisfaction

Interestingly one of the conferences I attended with Working Families highlighted that money was not the only factor influencing a families' ability to progress up a career ladder. After several focus groups the culmination of the responses revealed that families are craving more family time. Money is no longer a driving force of work. Yes it's a relevant factor but the study revealed that if more money sacrificed time with each other- progression in terms of pay increase loses out.
issues, poicy, conference, government, politics, democracy, important, young, vote, people, working, work,organisations
A policy conference with Working Families 

This need to spend time with family should not be looked upon as a factor of 'laziness'. Families, particularly those in financial hardship, often pull close together and form strong bonds. These relationships are vital for children to build strong foundations as they move into the future and for the healing of sick relatives. Some families are also facing the potential loss of sick relatives, meaning that money is not as valuable as time.

In this modern world we are seeing an increased value upon time, particularly time that can be spent with those we love. Working Families is striving to work with both employers and employees asa vital middle man that can strike up the right balance between the two.

The universal credit scheme was invented to produce a welfare scheme that did not punish individuals for being out of work. It attempts to understand the new value of family time and the issues face the 'sandwich' generation, where families are both caring for children and sick or elderly relatives. While it attempts to ensure that nobody will live off welfare for longer than necessary it supports the often tiresome and difficult transition between welfare and work. This is beneficial because;
  • Provides families with some respite when in financial trouble
  • Allows families to care without bringing in external help which can be expensive
  • Prevents individuals from being exploited while searching for a job
  • Provides people with dignity and pride
  • Allows for families to save while progressing through below minimum wage jobs and support themselves in an emergency rather than falling back to where they were

On welfare it is difficult to save money therefore giving people the opportunity to earn a little more as their welfare slowly decreases allows individuals to save some money. Savings provide financial security and comfort – which has been proven in the past to make people feel more comfortable and to stress less.

Multiple times I have discussed the impact of stress on the body. It not only causes many expansive physiological issues such as adrenal, heart and liver failure. These issues can tax already over worked families, causing child carers, sick carers or vulnerable individuals greater issues.

Stress has also been linked to psychological issues and outbursts. Anxiety, clinical depression and disorders such as schizophrenia or bi-polar are frequently connected to high stress levels. It is clear that stress can be minimized when fiscal stability is present. Although it is not the only factor in these issues.

The use of fiscal stability refers to the presence of these factors

  • Ability to pay bills as and when they fall due
  • The ability to afford food that is of reasonable quality
  • The ability to pay for some extra curricular costs such as eat-out food, entertainment or luxury service (massage, facial)*
  • To be comfortable with financial ability to prepare or repair any necessity equipment such as laundry machine, dish washing machine or light bulbs
  • Some ability to save (eg. To save 10% of earning) and still pay bills
* For families with children this is especially important because young children often like to participate in extra curricular classes such as dance, basketball, surfing or martial arts. These classes can tax financially strained families, sometimes causing social awkwardness for young children. While it is understandable that there must be some cuts to extracurricular activities it's reasonable to allow every person the opportunity to relax through one non-necessity service.

It is undoubted that if England wishes to encourage progression they must inspire financial stability. Financial stability is the way to encourage individuals to aspire. Unless the general populace feels that by accepting a job with higher levels of responsibility and better pay they will not lose out but gain valuable experience and satisfaction there will never be any progression. Other countries have also witnessed higher levels of productivity when minimum wage is at a 'living' level.

Notes, girl, young, people, study, writing, pretty, orange, desk, buy, pens, staedtler, popular, happy, birthday, present, christmas, gift, torts, law, employment, organisation, charity, giving
The steadtler pens in the top left corner actually
became very popular around the office
I will note here that organizations have raised the alert that minimum wage is the 'average' cost of living for the entire nation. It is important to know that a single person family will be able to live of the minimum wage comfortably while a family with two children will struggle. As lawyers it's important we don't pre-judge other families expecting that they can support themselves on minimum wage. Depending on circumstances it may not always be viable.

I would encourage young aspiring lawyers and current legal professionals to explore the website [http://www.workingfamilies.org.uk/] and consider becoming a Change Maker or registered donor today. The charity is constantly expanding the areas in which it works – working as a empathetic policy union that promotes for the well being of employees and employers rather than higher pay and lesser hours. It's difficult to summarize the exact issues that Working Families deals with because they are so dynamic and do respond quickly to the changing issues within the work place.

Uniquely the charity is also recognizing the growing paternal expectations for young fathers. Some closely related organizations that Working Families has connected with researched the growth in child-minding fathers. It was found that while women are still predominantly the primary carers, males were taking a larger interest in the primary care role for children. Currently men are limited in their ability to take over this role as prejudice is beginning to turn away from women and back towards men. Although males were noted to spend more time doing 'fun' things with children while women completed more domestic tasks.

In a study by [https://aifs.gov.au/publications/family-matters/issue-37/achieving-family-supportive-workplace-and-community] it was discovered that women felt more able to disrupt their working day to tend to a sick child then men. After further investigation it was concluded that often the work place culture was the leading factor in this feeling. While corporations may present a face of gender equality the reality for many males is that when they disrupt work for a child they often feel that their work is at risk.


Working Families is still trying to explore the extent of this cultural phenomenon. I hope soon I will be able to revisit the topic and provide a more comprehensive analysis of the new work-place prejudice. Although perhaps soon with support of Working Families the picture will present more equality and less gender bias for in this day and age woman are no longer primary carers, they are merely one of the two primary carers.

Lulu Hensman

Monday 1 February 2016

The ultimate senior school/high school guide

Study Tips
a) Online Stuff
If you're a bit nervous about online things, then there are three websites you should try. They were essential to me getting through senior school. - Please do yourself a favor and just try them out.

Facebook
We've spoken a bit about this before, but I thought I'd explain to you how most senior students communicate and why it's best to build a Facebook profile before you start your senior years.

In my final year, we had a year 12 Facebook group, and it was how the girls set up planning meetings, practices, and organized parties. It was the easiest way for other members of my year group who I might not see every day let me know that I had to bring in something or lead a part of a meeting.

Even if you only go on it for school purposes and have minimal information about you, it's a good way to keep yourself in contact. Also, if you're ever unsure about what the homework is or need to get someone's notes, it's the fastest method to ask around the class.

Tumblr
Tumblr is different to Facebook. It is completely anonymous, so there is no need to put up a picture or name that's connected to you. The reason I'm suggesting it is because I learned a lot of valuable information from the stubyblr community.

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#studyblr on tumblr screenshot
On Tumblr, everything is organized through hashtags '#'. Under the hashtag '#study', '#studyblr' or#studyspo you can find a wealth of information about websites and techniques that can help you to complete your studies.

On the image, you can see the end of a study post where the poster is giving tips on how to give a good presentation in front of the class. There's also a post where another member is showing the homework they've completed. I found this motivating especially when I felt that I was the only person in the world studying, or just wanted a reminder that my hard work would be worth it.


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Screenshot of Kahn Academy homepage

Kahn Academy
Through this website, you can sign up with Facebook or manually through a form. It's an online site which stores educational quizzes, games, and videos. It has interactive and non-interactive components that allow you to learn from other teachers/experts without having to go and ask for help from your school.

The materials on this site can also teach you different methods that your school might not teach you. Various methods can be useful if you're struggling to reach the same answers as the other students.

You can see in the image all the classes I'm currently doing. You can log in and see all the classes that are available. I enjoyed the crash course history – but there are hundreds of courses and videos to try!


b) Homework
The senior school won't have as much homework as you're expecting. Unlike middle school, senior school teachers aren't interested in checking off a list of homework completed and uncompleted.

However, it's crucial that you do keep up with your assigned tasks. These tasks are paramount to building an understanding of what's going on in class and broadening your knowledge.

In senior school there are a lot of things that your teacher won't talk about in class – however knowing about those little extra bits of information can help to enhance your grades from a 'b' to an 'a.'

Tips (a quick list!)
  • Listen to instrumental music not lyrical. Otherwise, you'll get distracted
  • Write a list of /everything/ you want to get done, not just what you'd have to get done from school
  • Designate a study area and set it up with everything you might need
  • Skim read the related textbook chapter. Often the teachers will use the end of chapter questions in your tests- because no one ever reads them
  • Set a study time and a nonstudy time – be hesitant to break these times, because it's vital for your ability to balance work and study
  • Develop an opinion on everything that you do. Not only will this develop your communications skills but it will ensure that you look at every aspect of the subject to develop a proper opinion.
  • Don't ignore any comments that teachers make. Keep a notepad or word doc up in class and write down anything that is important. For example; 'students pay attention to this' – indicates that it may be an important topic that features in the test


c) When you struggle with class
When you struggle in class, it's important that you don't give up. Unfortunately, teachers may not always realize that you're struggling or having trouble.

Instead, you might have to take charge. To do so figure out;

> is it because you're not understanding the teaching methods used?<
Sometimes a particular teacher or method just doesn't want to stick in your brain. And that's fine there are plenty of other ways to learn a load of information.

  1. Put the information on to flash cards
  2. Write the information into an article (like you can see on my blog)
  3. Talk about the information with friends or family
  4. Look for a video on related information
  5. Talk to a head of the department or other teachers that you trust
  6. Arrange for an out school meeting
  7. Find an older student to give some notes or tutor you
  8. Ask a parent or family member

Telling people that you're having trouble may seem a bit scary, but it's vitally important that you're upfront about how your learning is going. In the senior years and university, you're completely in charge of what happens in your academic career. So now is the time to learn how to call in for help when you need it.

> Is it because you don't have an interest in the subject?<
Unfortunately some classes are a trudge – but I stand firmly by the fact that there is value in every class! If you're bored of your class try doing on of the following;

  1. Find real world applications for it
  2. Find a news story about it
  3. Draw a poster about it using all your favorite colors, actors and stationary
  4. Find someone inspirational in that field
  5. Figure out how you could use it in your future career
credits to tumblr daydesigner


e) Balancing

a) When it feels like too much
Lots of times in senior school I felt like I was facing a huge workload and then an enormous expectation from friends and family. It can feel like an epic amount of pressure.

However this is going to happen to everyone – don't stress! There are lots of ways to get through it!
credits to tumblr daydesigner
If you go onto Tumblr and search 'printables' you'll find lots of gorgeous looking sheets for putting in planners, writing lists or managing your time. I've taken a few screenshots of something I thought you might like – if you want them just go onto Tumblr and have a look – or you can find others of google images but be careful because they're not always available to download.




ai) Time management

A lot of people will tell you lots of ways to manage your time. Unfortunately, this can prove more distracting than beneficial.

Try the techniques that make the most sense to you but don't feel like you have to stick to them religiously! I've included a few websites that have helped me improve my time management but remember to do what works for you.

In the end, the best technique is routine and habit.

http://www.studygs.net/shared/mgmnt.htm

http://etudiance.tumblr.com/post/132244104798/the-pomodoro-method-is-so-important-and-i-feel

http://studyign.com/post/125463345667/soooooo-school-is-starting-in-about-a-month-for-me

f) Friends vs. School
In senior school social groups will change – sometimes considerably. You might feel the need to spend lots and lots of time with your friends to keep you little group together.

food, meal, health,y fit, yum, good, nice, warm, egg, curry, cheese, avacado, yum, avocado, bread, brown, study, friends, sharing, group, best
nothing like a meal with good friends!
Don't stress about keeping them close, yes they are your great friends, and you do have awesome memories with them but try to keep things in perspective. There are a hundred and a bit people in your year. That's plenty of people to connect to. If it ever feels like you're sacrificing part of your schooling to keep up a relationship with someone that isn't that interested in you – then drop it!

At the end of the day, you're not going to lose a friendship overnight, but you can fall behind quickly. Don't forget to spend time with others but please don't obsess over losing one friend or another. People will come and go the only thing that you can do is be friendly and welcoming.

Be yourself too – it was hard for me to get used to the idea of just being myself but at the end of the day I had to find friends that accepted that I could be sarcastic, obsessed with law and a massive Justin Bieber fan. It took time, but I did find people that loved that about me, and I know that you'll find people who like you for who you are too.

Lulu Hensman