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I N T H I S I S S U E :

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A Message from Our President

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For the Attorney in

Training

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Seventeen 5

Interview with Dean Newton

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The End of Caribbean

Integration?

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My Two Cents 10

LAW WEEK 2010!

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Law Faculty News

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Download Law Lines on the Law Society Website! — www.uwilawsociety.comThe Official

Newsletter of the University of the

West Indies Law Society

Law Family,

As we draw close to the end of another semester, we can take a retrospective look and assess all its happenings and more importantly the way forward for the next semester. We as an executive continue to listen and represent all members of the Law Family in all spheres to make this the most memorable year yet, seizing each day, capitalizing on each opportunity. From morning runs and fitness challenges, to fun oriented themed dress weeks, charity donations, mural and essay competitions, inter-faculty sports and even this publication we have aimed to ensure that the interests of all students are met.

I write to quickly address student issues which have been of paramount importance throughout the duration of the semester. With regards to student security, our voice has resulted in security presence being increased around campus especially in the vicinity of the areas immediately behind the Law Faculty, Pleasant View etc.

From an Academic perspective Issues with absentee tutors and course registration has been addressed, resulting in even the employment of additional tutors by the faculty. With regards to the size of classes this has been a great challenge due to a lapse in the registration process by the Faculty and University. Rest assured that next semester the same problem will not recur as our voices have been heard and will be reflected in class sizes and class location. In the pipeline is also an electronic means of facilitating classroom sessions, a necessary step in this age of technology. Concerning the cancellation of the printing of course materials, we have ensured that course outlines, worksheets and slides continue to be printed. Conscious of the Faculty’s present financial constraints, lecturers have now increasingly been using our electronic mediums to disseminate course relevant information. The prices of all manuals have remained the same this semester as inadequate notice was given of the proposed increase. We await the prices of manuals for the next semester to ensure that these are reasonable for all students.

Library issues have also been addressed, CariLaw now being available on all computers. In addition Lexis Nexis teaching sessions have been arranged for 1st

A Message from Our President

[continued on page 2]

Contributors to this Issue:

Mikhail JacksonSuzimae Pryce

Rosana JohnAlicia RhodenPierre Forde

Stephanie Forte

years, with training for the rest of the Law Family soon to come. Suggestions have also been made for the subscription to be switched to more student friendly engines such as WestLaw after the present subscription period has ended. Also, the Library’s printer is now in full force for the convenience of all students.

Issues concerning other student amenities are also being actively addressed, the state of the student bathrooms being top on the list. Rest assured that the Maintenance chairperson and his committee through the ‘loose change’ drive will soon be going microwave shopping once his target is met.Student Overnight Study Rooms (Seminar, Robing & Lunch Room) will be open from November 23rd to December 23rd between 6:00 p.m. and 6:00 a.m.

Be reminded, that for us to act on any issue, your concerns need to be communicated to us. You can do this though your respective year representatives or any other member of the Executive.

Moving forward, we have already began the planning of undoubtedly the best week on Campus, Law Week, which will run from February 21st to 27th. The Law Week Committee is open to any member of the Law Family for those who wish to play an instrumental role in the execution of the week. Simply contact us via email or communicate your interest to any member of the executive.As next Semester the focus is on the faculties, you can look forward to even more social, academic, spiritual and health oriented events. The Society’s Website will keep you abreast of all the latest happenings! www.uwilawsociety.com Visit it Now!

Mikhail JacksonPresident, UWI Law Society 2009/2010

[from page 1]

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Rule 1: Defend your character beyond any reasonable doubt; protect your reputation with all due diligence. Better yet, impose strict liability for any damage caused to it by anyone!!!

[Disclaimer: the writer accepts no liability for anyone who accepts this as stating there is strict liability in the Tort of defamation and thereby writes it on their exams.] -----------the typical “fine print” of contracts.

In view of recent headlines of prominent attorneys and business persons being disbarred and jailed for alleged wrongdoings in their field, or photos and videos of prominent personalities caught in compromising situations being circulated on the internet, the following questions are asked:

What will happen if these persons either try to rebuild their practice or business and continue in their profession once recalled to the bar or are not found guilty?

Will their career ever survive this episode?

Will they ever be able to recover their once unquestionable character so as to receive the trust and confidence that clients and colleagues once placed in them?

The success of a business depends on attracting and retaining clients; if clients are not confident of your honesty or integrity they will not bring their business to you. One’s career success also depends on the confidence employers have in your integrity.

The same goes for us as lawyers in training. Yes, we are still in school; we are not going to start working until in a few years. You may be saying “Who knows me?” or “I have no business to protect like those people.” Well, you are ambitious; you will one day have a business or hold a prominent position and the best way to protect that prospect is to protect your character now. It is your character that will let employers give you that promotion or let potential clients bring their business to you.

You especially need to protect it if you are planning to hold any prominent public post. Why? The moment your name is mentioned for such a position, there will be naysayers; everything from your past will be brought back – even that you had the H1N1 when you were at Cave Hill. Do you think Barack Obama would have still won the presidency if they had even an insignificant scandal from his past?

Follow his example. As an unknown law student now, as he was more than 20 years ago, picture your future and protect it. Here is one simple thing you can do to start protecting your reputation for the future:

MONITOR THOSE PICTURES ON FACEBOOK!

Think that’s funny? It is confirmed by various studies in the USA that more and more potential

For the Attorney in Training

[continued on page 4]

“Your character

secures your pay slip”

by Suzimae Pryce

employers research applicants and interviewees on Facebook and therefore Facebook is becoming a major determinant in whether one is hired or not; also companies keep track of their employees on this social networking website. Believe it or not, that old, grey-haired senior partner on the interview panel across from you knows how to use the computer, navigate the internet and himself has a Facebook account. There is no claim here that Facebook is unsecured but what website is there that cannot be hacked into? Furthermore, how many of you need to confess that you have viewed Facebook accounts and pictures of persons who you do not know?

Amy Clark of CBS News did a feature on employers and their use of Facebook. She states that:…you’ll see that it’s not uncommon for millions of college students who use it to post photos of themselves at last night’s [party] or dressed in less-than-conservative attire. But …an increasing number of potential employers are accessing these profiles — and using them to decide whom they hire. About 20 percent of companies are secretly scanning online profiles before they interview applicants. Many employers admit they've even learned how to access profiles students think are "private" — and they're surprised by how many students don't care if everyone knows everything about them.

So ladies, if you have a picture of yourself in Brazilian bikini or anything that barely covers, “Daggering” or doing the “Dutty Wine”; and guys if you have a picture of you and your crew smoking “spliff” – take them down and show them to your friends only in person.

Also ensure that you know the persons who are taking pictures of you in action; otherwise, the next thing you know you are posted and tagged and you can’t recall when that picture of you in that compromising position was taken and also that very person who has forgotten you, will be the one to dig up and publish that photo 20-40 years from now when you are called upon to occupy a significant public post.

Do you want proof that what I’m saying is not a joke? Celebrities… .Why is it that no matter how many pictures of themselves nude or drunken are taken when they are unknown, those pictures never get published by the photographer until the celebrity has finally broken into mainstream by his own hard work?

So if you should be informed that you are no longer being considered for a post because of pictures of ill-repute being circulated on the internet which were sourced from your Facebook account, and the company has a reputation to protect, then hold yourself strictly liable for the damage caused to yourreputation. For as Lou Ludwig, motivational speaker says: “It [is] much easier to protect and maintain one's character through our actions, than trying to recover it.”

Simply stated --- “Your character secures your pay slip.”

[from page 3]

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P A G E 5V O L 1 , I S S U E 2

SeventeenHang them! Hang them! Hang them

I say!They committed a heinous crime,

they deserve to pay!

One shot, two shots, seven then another!They killed in cold blood

It was nothing but murder!Due process?

Everyone knows they’re guilty!The death sentence ought to be mandatory.

Why waste the court’s time with such formalities?

Their sentences were commuted..! They deserve to live?

So I must move on and learn to forgive?Human rights for people who clearly are not?

In a prison cell they must surely rot!

Twenty- six years later and these 17 men are freed!Since their constitutional rights were contravened!

Reason tells me that this is just.Instinct insists that it’s simply unscrupulous!

But alas I need to reconcile with the law student in me I need to stop thinking so myopically.

I need to accept that justice may not always be fairTrue judgement will come in the afterlife,

So I need not despair!

by Rosana John

(The poem is about the Grenada 17 who were responsible for the murder of then Prime Minister, Maurice Bishop and 10 others)

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Interview with Dean Newton

Apart from hectic, how has your time in office as dean been so far?

Challenging, because at this time, we are facing issues of expansion of the Law program, and there are a number of matters that have to be settled very soon so that we will know exactly where we are going come September 2010 when the new school year begins.

As you know, during this academic year, Jamaica introduced the fee-paying program, with a large number of students in that program being educated parallel to the ones here. Trinidad is also going to be offering the full LLB program at St. Augustine campus in the near future. So there is a lot of planning to do and attempting to forecast how these developments are going to impact on Cave Hill, and what kind of structure the university will have to adopt in the process. These expansions have been in the cards for some time, but have come on us very suddenly.

Do you think it is a positive move on the part of both campuses to introduce their own Law programs?

Yes, because for many years, stakeholders in the region and persons wanting to study law have been asking for expansion. Schools from outside the region (mainly from the UK) have been offering part-time and distance programs for those who could not get into the Cave Hill program. So it is time we looked at restructuring our offering in Law.

Do you think there are adequate resources on the Trinidad and Mona campuses?

Trinidad is still in the planning stages, but the Mona Campus has reequipped and redesigned their building and is in the process of upgrading its Library facilities. So they are in making efforts to cope.

What do you plan to achieve in your tenure as Dean? What student-beneficial reformations can we look forward to?

First of all, I would like to see an increase in the number of students who pursue post-graduate programs in the Faculty. Because Law is a professional program, most students are looking at the world of work as soon as they graduate. But in order to have a sustainable academic program and professional program at the Law

Schools, we need to interest persons in research so we can continue the tradition of student graduates who give back to the profession and the region. The scholarship tradition at UWI has been a fairly rich one. Most of our teachers are from the region, they are very well qualified, and they have been producing textbooks, journal articles, making contributions at conferences, assisting governments with development tactics. We have had a very rich scholarship so far, but we need some more young minds to be interested in and try to perpetuate this tradition.

On November 4 2009, Law Lines sat down for a chat with Professor Velma Newton, who began her tenure as Dean of the Faculty of Law this academic year.

Interviewed by Stephanie Forte

I would also like to have the Law Faculty offer some programs during the summer. These could be short courses in various areas of the law, law for professionals in their respective fields, and so forth. Eventually, I would like to see us offer a part-time program in law so that persons who work during the week can access the program in the evenings and on weekends.

These summer programs would be a way of utilizing the Library facilities during the summer, gaining some revenue, and providing expanded access to the program, especially to professionals who have special interest in law.

How exactly do you plan to interest persons to pursue post-graduate programs?

We can encourage students who are doing very well (especially those in their final year) to take some time off before going to law school to do an LLM and/or PhD; or after they leave law school to enrol on a part-time basis for post-graduate studies.

We are trying to offer some scholarships as well. The Government of Barbados has given the University a fair amount of scholarships, and not one applicant is from Law. I would really like to see

that change. We will also encourage some of our students to take advantage of exchange programs to attend other university programs and do LLB programs in Law.

What would you like to say to students?

I have an open door where students are concerned. No matter how busy I am, when students come and they need to see me they will get through. They may have to wait a little, but nobody who comes to see the Dean is to be turned away

We have had some challenges in terms of numbers and class sizes. But I would ask students to be patient with us. We hope that some of the mistakes we made this semester in relation to our lack of preparedness to deal with large numbers for compulsory courses such as Legal Methods (which is compulsory for out of faculty students) will be addressed next semester. So thank you for your patience, work hard, and we will see all these problems through.

About Dean Newton:

Senator, the Honourable Professor Velma Newton, is a historian, with two history degrees. She then did librarianship, law and legislative

drafting. She feels her ten years in the Senate and nine years on the Barbados Privy Council have

prepared her for her role as Dean in a number of ways. These roles have helped her become a good listener, and sharpened her ability to

research various issues quickly and effectively. They have also made her tolerant, as she is able to interact with a cross-section of persons with

different, often opposing views.

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Dean Newton listening to suggestions from final year student, Bartlett Morgan, at the Town Hall Meeting held on Monday, November 9 2009. A number of issues concerning students were raised at this meeting, and student research opportunities further discussed.

“I have an open door

where students are concerned”

One might wonder if the changes to the Law program at UWI Mona namely allowing all three years to be done at Mona instead of a mandatory stint at Cave Hill in Barbados, is a well very thought out decision. Like any proposal, there are the pros and cons.

One positive is that many more persons would be able to get in to program. In my class, although we all shared aspirations of being a lawyer, I was the only one who managed to enter into the LLB programme—something which seemed unfair. Now a lot more will be able to have access to the profession they truly want to do. In my view the grades would be better, and there would problem of homesickness would be eliminated, as we wouldn’t have to leave our loved ones. However, one might consider whether this is the death knell of Caribbean integration, for besides the few that go to meteorology, what else would we go to Cavehill for?

Cavehill is a hundred times more diverse than Mona, the campus is a true melting pot where you will meet people, establish professional links, and forge friendships, from all over the Caribbean. This is most evident in the Law Faculty where, ironically enough, Barbadian students actually constitute the minority. It seems that to give this up would be deleterious in moving forward in integration. We are the new generation, charged to advance with renewed vigour the integration of our Caribbean peoples, despite opposition to the CSME. The implementation of the programme at Mona will inevitably reduce our sense of camaraderie with our sister Caribbean islands. What makes it worse is that there have been rumors that Trinidad also plans to put such a home three year program for the LLB in effect.

Going away from home has its sad points, but in truth, it pushes us out of the sheltered box in which we live, and forces us a more sophisticated level of social awareness, gaining a deeper understanding of self and a deeper appreciation of others. We are forced to develop and call upon interpersonal powers whose potential would have never been realized without the truly regional experience. Also, from a romantic stand point, a Jamaican elder of a church who met his Barbadian wife here, expressed much grievance that the new program will interfere with possibilities of interregional marriage (not something I particularly see happening in my own future, but more power to those who have found good candidates).

Furthermore, for many of us this is the first real taste of campus life that we’ve gotten. For those who live in the capital, accommodation on halls is not made available at Mona, living off campus stifles a sense of belonging to the University. Living on at Cavehill allows the University to be more than just a place where you take your classes, but somewhat of a home away from home, where you are molded as an individual as you participate in the various activities. I remember the overwhelming sense of pride and the sense of holistic development I felt after Unity week on Hall here when we explored all our talents in debate, singing and acting. My block filled with people from all over the Caribbean, had stood together as sisters, rejoicing in coming first place. A unity and sense of belonging with our fellow Caribbean sisters, is started from here. Furthermore, even when we have our times of homesickness and stress, having that link between nationalities tends to

The End of Caribbean Integration?by Alicia Rhoden

P A G E 8L A W L I N E S V O L . 1 I S S U E 2

Edited by Pierre Forde

strengthen relationships between classmates, and foster national pride, like nothing else can. For many of us, even if only for a year, this is our sole taste of such an experience, but it makes an impact that we will take with us throughout our lives.

It is claimed that now not going to Barbados is merely optional, but after a while going there may end all together; many who are currently here would not have come if they had the option despite the benefits, due to the additional stress and expense. These same people now have certainly benefited from the advantages illustrated in the former paragraph. I have seen these people grow to their full potential, but the truth is many won’t learn to swim unless they’re pushed. Giving the option will mean in time that us Jamaicans will stay wading in shallow local waters rather than exploring the deep and rich Caribbean sea.

While this new step may be good for UWI Mona financially, and certainly will help them compete with the University of Technology which recently opened a Law Faculty, we must not forget the practical considerations that a lot more people are able to get into law—is there really sufficient space? The small law library which isn’t even a part of the campus, but of Norman Manley Law School, is completely inadequate for the surplus of new students. The law library at Cave Hill however is quite developed with more of the relevant material. The main library at UWI has volumes of seemingly worthless books, on Portuguese Law for instance, and it is very difficult to sort through to get the information actually relevant and needed.

Finally, in advisory professions such as lawyers, the administration should consider whether the Caribbean market can accommodate the massive influx of new lawyers that is the by product of the increased number of Law Faculties. Simply paranoia for the implications for the entire legal fraternity or is it a legitimate fear? you decide. With these increases, we might very well have to fly to neighbouring Caribbean countries in order to get a job. (By the way I’ve heard St. Kitts is good!)

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In a September 2009 interview with the UK Financial Times, Lord Phillips, (the first President of the UK Supreme Court) said that the Law Lords spend as much as 40 per cent of their working time on Privy Council business. In Phillips’ view, “It’s a huge amount of time. I personally would like to see it reduced. It’s disproportionate”.

One commentator said it was a "minor public scandal" that judges in the country's top court spent almost half their time on business "of no interest to anyone in the UK".

For St. Kitts & Nevis' Governor General Sir Probyn Innis, the question is: "Do the Caribbean people feel that they have enough confidence in their own institutions?"

Do we?

Below is an excerpt of a September 24, 2009 discussion on the issue between university students from various Caribbean islands:

I definitely do NOT, and even if I was confident in our own justice, I think the Privy Council guarantees a certain level of judicial blindness and independence that I think cannot be replicated otherwise.

--Alex, Musician and Science in Computers and Information Technology Student at the University of Technology, Jamaica

Very good things. Some Caribbean people with their inferiority complexes will now sit up and listen. Soon the Privy Council will give us an ultimatum. It is up to us to build our own independent and democratic institutions and take responsibility for ourselves and our political culture.

-- Gautam, Industrial Engineering Student, Purdue University, West Lafayette, Indiana, USA

I don’t know how we still are even having this debate, there is only one argument needed to justify the need for the CCJ—“this is the CARIBBEAN!” So sad the legislators of the UK have to be pushing us to judicial independence, and CARICOM needs to wake up. I don’t care if we have confidence in our institutions because I can't understand how we have remained so confident in their institutions. The only way we learn and build confidence is trial and error so let’s get to it!

--Nathan, International Relations Student, University of the West Indies, Mona, Jamaica

I think we need to have more confidence in our judges – they are just as erudite. But I guess some persons will always be stuck on the "foreign is better" mentality—it is NOT, and "foreign" wants to cut all ties with us. They are tired of the Caribbean, and have been sending not-so-subtle messages to that effect in their decisions and statements like the ones made by Lord Phillips. We are not babies. Slavery is over. It's time to grow up and be responsible. It's beyond sad that we can't even control where our justice comes from.

-- Steph, Law Student, University of the West Indies, Cave Hill, Barbados

Sad that the same people who say “foreign is better” sit and say we need to instill Caribbean values in our children and teach them Caribbean pride as we export to the Diaspora what they are missing....same people that say UWI needs to swing open its doors to students and educate future Caribbean workers and Prime Ministers!!...but the SIMPLE task of being adjudicator and upholding a constitution cannot be entrusted to these very SAME PEOPLE...the Caribbean has got to be a serious joke for the world!

--Nathan, International Relations Student, University of the West Indies, Mona, Jamaica

“My Two Cents” Opinions on topical issues affecting the Caribbean

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Contributed by Stephanie Forte

We have this mentality that the Privy Council is "blind and impartial" when that is very much not true in one light and usually comes back to bite us in the rear in the other…the PC is not completely disjoint politically from the Caribbean, many of their judgments have stunk of political bias. These judges are quite removed socially from the Caribbean context and are quite unaware of the various nuances of Caribbean societies which could help avoid a miscarriage of justice from a Caribbean point of view.

Take the instance of common law marriages in Barbados, which is a concept quite unknown to most countries even within the Caribbean, and this institution is not simply societal in effect but actually carries legal effect and affects the rights of the parties to such an arrangement. These are things which are unique to us and we need to lose these inferiority complexes.

The US is chock full of corruption, but when last you heard them talking about letting someone else decide on cases in their country? Or Britain for that matter? But we being as delusional as we have always been think that leaving the English law lords to decide for us what justice is, is a good idea!!

--Kyle, Law Student, University of the West Indies, Cave Hill, Barbados

Excellent point on the United States, Kyle – that corruption/bias argument is totally unimaginative and overused. It holds little weight, and is just another crutch to brace on while we delay accepting the CCJ...It's actually ludicrous to think of another country deciding your domestic matters…Imagine if right now your government suggested making the US Supreme Court your final appellate court –imagine the outrage! In the Caribbean we love to talk about having our own "identity", we talk about "sovereignty" and "independence" – how ironic then, that we allow our critical issues to be decided outside of the region, and our justice system to be molded externally.

-- Steph, Law Student, University of the West Indies, Cave Hill, Barbados

Thanks to our politicians, complete independence is still out of our grasp. The Opposition Leader of my country [Trinidad] actually said it’s a good thing that the JCPC is still the final appellate court and the amount of cases before them shows the confidence that we have in the JPC rather than our own courts...I scratched my head when I read that. THE CCJ IS BETTER THAN THE JCPC!!!

-- Wes, Law Student, University of the West Indies, Cave Hill, Barbados

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For more information on this issue, and comments by Heads of Government across the Caribbean, see: http://www.bbc.co.uk/caribbean/news/story/2009/09/090922_privyccjphillips.shtml

http://www.suntci.com/index.php?p=story&id=451

http://caribbeancourtofjustice.blogspot.com/2009/09/privy-council-hampers-supreme-court.html

http://www.caribbeannetnews.com/article.php?news_id=19005

And here’s a little teaser:

Theme: Carpe Diem!The **BEST WEEK ON CAMPUS** is almost here!

LAW WEEK 2010 Returns February 21-27, 2010 Bigger and Better with Exciting Events:

Start the Week with some INSPIRATION Show off your skills and chill on the SPORTS & FUN DAY

Mix & Mingle, Meet & Greet at the COCKTAIL RECEPTION Have a TASTE OF THE CARIBBEAN

Plan your future on CAREER DAY and check out the LAW FAIR Visit Court and come to the MOOTING COMPETITION

Laugh your pants off at the PLAY, sit back and enjoy the CONCERT See Who Wins the Crown at the LORD & LADY OF LAW PAGEANT

Let Loose at BEERLY LEGAL! End the Week in Fine Style at REGAL LEGAL

** Rock the Hot New LAW SOCIETY TEES All Week! **

Support Us! Volunteer to assist on any of the days

Audition for the Play, Concert and Pageant (Check your email for dates and times)

Solicit Sponsorship

Keep checking your email for updatesLook out for the Law Week

— SURVIVAL GUIDE —

It’s going to be a WEEK LIKE NO OTHER!

Law Week 2010 is Your Time To Shine!

Reading Rooms (Robing, Seminar and Lunch Rooms) will be open from November 23 to December 23, between 6 pm and 6 am

Law Society Notices

Are you a non-national and staying in Barbados for the Christmas break?

If you are, kindly send an email uwi.lawsociety@gmail.com with your name and contact information.

Following receipt of the names and contact information of persons staying in Barbados over the break, a Law Society Executive member will be

contacting you all to arrange some holiday plans as we know it can be difficult being away from your family during the holidays. So why spend the

holidays alone when you can spend it with your Law Family?

Thanks for your support during Legally Insane Week, and for your contributions to our charity initiative!

Keep supporting the Law Faculty Sports Teams!

The Law Society Executive wishes you all the best in the upcoming exams!

Visit us at www.uwilawsociety.com Register Today!

Follow us on Twitter »» twitter.com/uwilawsociety

Join the Facebook Group »» UWI Law Society

© 2009 University of the West Indies Law Society Publications CommitteeFor information, comments or suggestions, contact: Stephanie Forte, Publications Committee Chairperson

stephanie-forte@hotmail.com / pcc.uwilawsociety@gmail.com