After graduating in 1952, Sandra Day O’Connor couldn’t find a law firm willing to give her a job. Nearly 30 years later, she was the first woman appointed to the US Supreme Court, a historic milestone for women’s rights. IBA Global Insight speaks to the former Supreme Court Justice who was at the centre of the controversial election of George W Bush.
Sandra Day O’Connor, sitting serenely on a pristine cream sofa in her Savoy suite overlooking London’s River Thames, was just a child when she shot her first coyote. It was a tough job, she says, but somebody had to do it. ‘We kept a rifle in the truck wherever we went and if we saw a coyote, I’d shoot out of the window. You were bouncing along so it was hard to do, but we needed to kill them to stop them eating our small calves.’
O’Connor has a steely twinkle in her eye as she speaks, and it is clear she enjoys recounting this tale of early grit and chutzpah. These qualities have, after all, defined the 81-year-old through much of her life and career, as she rose from unemployed law graduate to one of the most powerful women in American history, as the first woman appointed to the US Supreme Court. In 2000, O’Connor made another indelible mark on history, playing a seminal role in arguably the most controversial Supreme Court decision when it resolved the contested Bush v Gore election.
First published in The Commonwealth Lawyer, Vol 20, No 1, April 2011
Our world is linked by jumbo jets, the internet, YouTube and Twitter; the global ideas of human rights and duties; the global challenges of terrorism, the financial crisis and HIV/AIDS.
It is this global phenomenon that radically alters the discipline of law, as it was taught to me in the 1960s, and the law as it will exist for those graduating in the discipline today. I want to illustrate this phenomenon (and its difficulties) with three practical instances from my own recent life.
Upholding judicial integrity
When I studied law in the 1950s and 60s, the focus of virtually all our thoughts was on the jurisdiction in which we hoped to practise law. For me, this was the State of New South Wales, in Australia. We were admitted to practice by the Supreme Court of our State. We needed to know the federal Constitution and a few federal laws. But most of the laws that we were taught in those days were State statutes. The common law largely prevailed, united throughout the British Empire and Commonwealth.
SUHAKAM Public Inquiry on Allegations of Violations of Human Rights Prior To and During the Public Rally on 9 July 2011: Day 7 (20 Dec 2011)
Posted by Web Administrator
Friday, 27 January 2012 08:53am
Contributed by Ng Chia How, Pupil in Chambers
The Bar Council has a team of lawyers attending the SUHAKAM Public Inquiry on Allegations of Violations of Human Rights Prior To and During the Public Rally on 9 July 2011. Please click here to view all their reports on the proceedings.
Three witnesses were called to give their testimony on the fifth day of the SUHAKAM public inquiry (“Inquiry”), held on 20 Dec 2011 (Tuesday): Detective Lance Corporal Shahril b Fadzali, Dr Abdul Adzim E Arim Sasi and Lance Corporal Anuar b Adbur Rajik. Representatives of Bar Council’s observer team who were present that day were Malaysian Bar President Lim Chee Wee, Ng Chia How and Richard Wee Thiam Seng.
Detective Lance Corporal Shahril b Fadzali was one of the police officers involved in the arrest of Hanafi b Hawari, who claimed to have been manhandled by the police on 9 July 2011 (Saturday). He testified that Hanafi b Hawari had been uncooperative and had tried to escape during the arrest. Detective Lance Corporal Shahril b Fadzali informed the Panel of Inquiry that, under normal circumstances, it was a standard operating procedure for the police officer to inform the suspect of the grounds for arrest. However, this had not been possible in Hanafi b Hawari’s case, as he had been acting aggressively at that time. Upon further questioning, Detective Lance Corporal Shahril b Fadzali mentioned that he had been provided with equipment such as a gas mask and plastic handcuffs for the public rally, but not with pepper spray.
Procedural safeguards during disciplinary proceedings are a necessary part of the public servant’s right to due process. However, they do delay and often defeat necessary measures to weed out corrupt, inefficient or non-committed employees.
EVERY employer has to deal with the problem of non-performing, indisciplined or errant employees.
In the public sector this problem is more difficult to tackle than in the private sector because Article 135 of the Federal Constitution and derivative laws invest employees of public services who are confirmed in their posts with an impressive array of procedural safeguards during disciplinary proceedings.
These procedural safeguards are a necessary part of the public servant’s right to due process.
However, they do delay and often defeat necessary measures to weed out corrupt, inefficient or non-committed employees.
PUTRAJAYA (Jan 26, 2012): There is no need to amend the Road Transport Act 1987 as the mandatory jail sentence for dangerous driving leading to the death of accident victims is already provided under the act.
Transport Minister Datuk Seri Kong Cho Ha in a statement today said studies, however, could be done to gauge the effectiveness of the existing law with the aim of improving it in future.
He said there are six sections that incorporated prison sentences - varying between three months to 10 years - based on the seriousness of the offences committed by drivers.
"The offences were causing death by reckless or dangerous driving, reckless and dangerous driving, careless and inconsiderate driving, driving while under the influence of intoxicating liquor or drugs and being in charge of motor vehicles when under the influence of intoxicating liquor or drugs," he said.
Kong said Section 41, 42, 43, 44, 45 and 45A all included prison sentences that could be imposed to the offender.
SUHAKAM Public Inquiry on Allegations of Violations of Human Rights Prior To and During the Public Rally on 9 July 2011: Day 6 (19 Dec 2011)
Posted by Web Administrator
Thursday, 26 January 2012 11:10am
Contributed by Ng Chia How, Pupil in Chambers
The Bar Council has a team of lawyers attending the SUHAKAM Public Inquiry on Allegations of Violations of Human Rights Prior To and During the Public Rally on 9 July 2011. Please click here to view all their reports on the proceedings.
Representatives of Bar Council’s observer team who attended the sixth day of the SUHAKAM public inquiry (“Inquiry”) – held on 19 Dec 2011 (Monday) – were Malaysian Bar President Lim Chee Wee and Ng Chia How. Two witnesses were called: Dr Nurul Azlean bt Norzan and Dr Ankimtay Anak Rutel.
Dr Nurul Azlean bt Norzan informed the Panel of Inquiry that she had treated Mohamad b Sabu (more commonly known as “Mat Sabu”), Deputy President of political party PAS, at Jinjang Police Station on the day of the public rally, 9 July 2011 (Saturday). According to her, Mat Sabu had suffered an injury to his right knee, which had not been life-threatening. She also testified that Mat Sabu had confided in her that he had been knocked down by a vehicle.
SUHAKAM Public Inquiry on Allegations of Violations of Human Rights Prior To and During the Public Rally on 9 July 2011: Day 5 (23 Nov 2011)
Posted by Web Administrator
Thursday, 26 January 2012 10:48am
Contributed by Ng Chia How, Pupil in Chambers
The Bar Council has a team of lawyers attending the SUHAKAM Public Inquiry on Allegations of Violations of Human Rights Prior To and During the Public Rally on 9 July 2011. Please click here to view all their reports on the proceedings.
One witness, Yap Jee Kit, was called to give his testimony on the fifth day of the SUHAKAM public inquiry (“Inquiry”), held on 23 Nov 2011 (Wednesday). Representatives of Bar Council’s observer team present that day were Calvin Khoo and Roger Chan.
Yap Jee Kit claimed that he had been manhandled by the police at the Chinese Maternity Hospital. He informed the Panel that the police had hit his head with a baton and kicked him, thus causing injuries to his left forehead and his leg. He also testified that he had seen the water cannons being fired towards the main gate of Tung Shin Hospital and gas canisters released in the compound of the Chinese Maternity Hospital.
As a service to Members of the Bar and pupils in chambers, we publish the Bar Council library update on a periodic basis. The update is a current awareness alert to Members and pupils in chambers on the latest developments in legislation and new library acquisitions.
The information for the update is compiled from the up-to-date contents of Lawnet Malaysia and will normally include the following, with notes and coming-into-force dates of legislation:
Federal Bills;
Acts;
Amendment Acts; and
Federal Subsidiary Legislation – PU(A) and selected PU(B) series.
Click here to view the current update. Members and pupils in chambers wishing to peruse the new acquisitions are welcome to drop by the library. We are open every Monday to Friday from 8:30 am to 5:30 pm, and Saturday from 9:00 am to 1:00 pm.
PETALING JAYA: Malaysia will go ahead with its refugee-swapping programme with other countries after the deal with Australia failed to materialise.
Home Minister Datuk Seri Hishammuddin Tun Hussein said this was necessary to counter human trafficking that had become a major problem.
“Malaysia will proceed with other countries on the programme because the method we have now with the United Nations Commissioner for Refugees (UNCHR) is not working,” Hishammuddin said during a visit to the Youth and Sports Ministry's Intelligent Marksmanship Training Simulation System in Bukit Kiara near here yesterday.
He said Malaysia was prepared to work on the swap programme with any country that was a source, transit or destination of asylum seekers and refugees.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Talk on Intellectual Property Law (10 Feb 2012) Organised by the Selangor Bar Committee, the talk on “Intellectual Property Law” will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 10 Feb 2012 (Friday). The talk will feature Bahari Yeow Tien Hong. Click on the link above for more details.
Seminar on the Fundamentals of Bankruptcy Proceedings (21 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, the seminar on “The Fundamentals of Bankruptcy Proceedings”, featuring Sanjeev Kumar Rasiah, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 21 Feb 2012 (Tuesday). Click on the link above for more details.
Seminar on the Fundamentals of Conveyancing (24 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar featuring Jeremiah R Gurusamy will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 24 Feb 2012 (Friday). Click on the link above for more details.
Mediation Skills Training Course (29 Feb to 4 Mar 2012) Organised by Bar Council, the Mediation Skills Training Course will take place at 8:30 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 29 Feb to 4 Mar 2012 (Wednesday to Sunday). Deadline for registration and payment is 17 Feb 2012 (Friday). Click on the link above for more details.
1st World Congress on Healthy Ageing 2012 (19-22 Mar 2012) Organised by Malaysian Healthy Ageing Society and World Health Organization, this Congress at the Kuala Lumpur Convention Centre will be the first to encompass all aspects of health issues in both mainstream and complementary & alternative medicine (CAM). Click on the link above for more details.
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Commonwealth Regional Law Conference, Sydney, Australia (19 to 22 Apr 2012) Themed “The Changing Role of the Legal Profession: Emerging Democracies & Globalisation”, this conference will take place in Sydney, Australia, on 19 to 22 Apr 2012 (Thursday to Sunday). Click on the link above for more details.
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By Michael Kirby
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As a service to Members of the Bar and pupils in chambers, we publish the Bar Council library update on a periodic basis. The update is a current awareness alert to Members and pupils in chambers on the latest developments in legislation and new library acquisitions.
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Circular No 013/2012: Malaysia/Singapore Bench and Bar Games 2012 and Quadrangular Games 2012
