Magdalene is a former professional indemnity insurance defence solicitor who practised law in large law firms in Sydney representing clients in professional negligence claims and disputes. Magdalene also worked in in-house positions in Sydney advising on legal profession ethics, risk and compliance. She has been a volunteer external lawyer member for the Human Research Ethics Committees at the University Technology Sydney and the University of Tasmania.
Magdalene’s career has included: undertaking research for law professors in London/England, marshalling a Lord Justice of the Court of Appeal of England and Wales (London); researching, writing and presenting her own conference papers on legal ethics; and gaining offers for PhD candidature from Cambridge University. Magdalene has taught as a sessional law lecturer and tutor at Western Sydney University’s School of Law and the University of Tasmania’s College of Arts, Law and Education. She is admitted as a solicitor (currently non-practising) in the Supreme Courts of: Tasmania (Barrister & Solicitor), New South Wales, England and Wales, and in the High Court of Australia.
Magdalene is a research University Associate (by honorary appointment) at the Law Faculty in the College of Arts, Law and Education at the University of Tasmania.
Title of Thesis
Dealing in Power:
University of London (QMUL)
University of Sydney
College of Law University of Tasmania
Bachelor of Arts and Laws
University of Tasmania
Conference Presentations and Guest Speaking
2 November 2011: “Financial Crime Risks, Globalisation and the Professions Conference” Sydney University, Hilton Hotel Sydney Australia. Presented my paper: ‘Global Law Firms as Professional Gatekeepers to Corporate Governance and Financial System Stability’.
2 July 2012: Australasian Law Teachers Association Conference Sydney University Sydney Australia. Presented my paper: ‘Comparative Professional Responsibility and Legal Ethics Education: Privilege in Global Legal Services’.
28 March 2013: Socio-Legal Studies Association Conference, University of York, York England. Presented my paper: ‘A New Legal Ethics Education Paradigm: Culture and Ethics in International Commercial Arbitration’.
19 April 2017: UN Voice Nationals Finals Competition, Hobart Tasmania. Guest panel speaker on the topic ‘universal accessibility’.
6-8 December 2018: International Legal Ethics Conference, University of Melbourne Law School ('In Honour of Professor Lynn Stout - How Good Laws Make Good Lawyers' and 'Legal Ethics and Neoliberal Mental Health in Conflict - A Law As Engineering Response').
The Heterodox Academy (US)
Academics for Academic Freedom (UK)
Popular Psychology, Self-Help Culture and the Happiness Industry (Global Academic Network)
Law 452 Legal Ethics 2015 (Unit Coordinator, Lecturer, Tutor, Examiner)
Law 452 Legal Ethics 2016 (Tutor)
Law 452 Legal Ethics 2017 (Tutor)
Law 452 Legal Ethics 2018 (Unit Coordinator, Lecturer, Tutor, Examiner)
Magdalene also previously lectured in and was an examination assessor for the core units: Professional Responsibility and Legal Ethics and Introduction to Law, at Western Sydney University, from 2011 to 2012.
Magdalene’s main research themes are: ethics, and the legal profession, with these interdisciplinary subtopic interests:
- legal ethics and ‘Law As Engineering’ (see the work of David Howarth);
- sociology and ethics of transnational lawyers and the international arbitration ethics movement (see the work of Yves Dezalay, Bryant Garth, Roger Cotterrell et al);
- the role of (painful) feelings and emotions in ethical decision making, happiness and joy in human beings (see the work of Antonio Damasio, Brock Bastian, Svend Brinkmann et al);
- heterodox economics (see the work of Ann Pettifor, Michael Hudson, Steve Keen, David Graeber, Lynn Stout et al) universal basic income (see the work of Guy Standing) and clio-dynamics (see the work of Peter Turchin);
- ethics of non-sectarian divinity-spirituality, mysticism of traditional religions, and transpersonal/indigenous psychologies (see the work of Steve Taylor, Lisa Miller, Elaine Pagels, Miguel Farias, Rupert Sheldrake, Elise Klein, Richard King, Eckhart Tolle et al);
- institutional corruption (see the work of Lawrence Lessig et al) and whistleblowing (see the work of Brian Martin et al);
- neoliberalism and law graduate/lawyer over-supply, unemployment/under-employment; inequality, reverse robin-hood scholarship schemes and nepotism networks in legal education and legal professions (see the work of Margaret Thornton, Michael Blackwell, Brian Tamanaha et al);
- critical and holistic psychiatry-psychology, the human microbiome and the epigenetic effects of childhood and adolescent social experiences (see the work of Irving Kirsch, Joanna Moncrieff, Ellen Langer, Dan Siegel, Kelly Brogan, Oliver James, Jon Jureidini, Leo Galland et al);
- psychosocial and psychohistory of: neoliberalism, medicalised mental health, self-help/safe space therapeutic cultures and wellness-wellbeing-vulnerability zeitgeists, and their effect on academic freedom for learning, teaching and research enquiry in adult tertiary education (see the work of Frank Furedi, Kathryn Ecclestone, Dennis Hayes, Carl Cederström, Andrè Spicer, Sharon Beder, Katie Wright, Daniel Nehring et al).
Magdalene's current research considers the impact of (neoliberal) political-economy, the mental health 'psy' industries and narcissism, on professional ethics.
Fields of Research
- Law and Society (180119)
- Law (180199)
- Legal Practice, Lawyering and the Legal Profession (180121)
- Expanding Knowledge in Law and Legal Studies (970118)
- Justice and the Law (940499)
Journal Article(7 outputs)
|2016||D'Silva M, 'Book review: International arbitration & global governance contending theories and evidence by Walter Mattli and Thomas Dietz', Australasian Dispute Resolution Journal, 27, (1) pp. 66-68. ISSN 1441-7847 (2016) [Letter or Note in Journal]|
|2014||D'Silva M, 'Dealing in Power: Gatekeepers in Arbitrator Appointment in International Commercial Arbitration', Journal of International Dispute Settlement, 5, (3) pp. 605-634. ISSN 2040-3585 (2014) [Refereed Article]|
Citations: Scopus - 4
|2013||Connellan C, D'Silva M, 'The Roles of Psychology in International Arbitration Conference', Revista Brasileira de Arbitragem, 10, (39) pp. 186-192. ISSN 1806-809X (2013) [Non Refereed Article]|
|2013||D'Silva M, 'A New Legal Ethics Education Paradigm: Culture and Values in International Arbitration', Legal Education Review, 23, (1) pp. 83-112. ISSN 1033-2839 (2013) [Refereed Article]|
|2013||D'Silva M, 'The culture of international arbitration and the evolution of contract law [Book Review]', Australian International Law Journal, 20 pp. 207-214. ISSN 1325-5029 (2013) [Letter or Note in Journal]|
|2012||D'Silva M, 'Global Law Firms as Professional Gatekeepers in Corporate Governance and Financial System Stability', Journal of Applied Law and Policy pp. 39-56. ISSN 1836-6953 (2012) [Refereed Article]|
|2012||D'Silva M, 'Comparative Professional Responsibility and Legal Ethics Education: Privilege in Global Legal Services', Journal of the Australasian Law Teachers Association, 5, (1) pp. 67-82. ISSN 1836-5620 (2012) [Refereed Article]|
|2017||D'Silva M, 'Assessing the liability of international arbitrators', Proctor, 37, (5) pp. 40. ISSN 1321-8794 (2017) [Review Single Work]|
|2016||D'Silva M, 'Deborah L. Rhode, The Trouble With Lawyers, Oxford University Press, 2015, vii + 234 pp, hb, 19.99. Benjamin H. Barton, Glass Half Full: The Decline and Rebirth of the Legal Profession, Oxford University Press, 2015', Modern Law Review, The, 79, (2) pp. 364-379. ISSN 0026-7961 (2016) [Review Single Work]|
|2016||D'Silva M, 'International Arbitration & Global Governance Contending Theories and Evidence', Australasian Dispute Resolution Journal, 27, (1) pp. 66. ISSN 1441-7847 (2016) [Review Single Work]|
|2016||D'Silva M, 'What If This Is Heaven? How Our Cultural Myths Prevent Us From Experiencing Heaven On Earth by Anita Moorjani (Hay House 13 September 2016)', Law Society Journal, (Sept) ISSN 2203-8906 (2016) [Review Single Work]|
|2016||D'Silva M, 'Children, Parents and the Courts: Legal Intervention in Family Life by John Seymour (Federation Press 2016)', Law Society Journal, (Oct) ISSN 2203-8906 (2016) [Review Single Work]|
|2016||D'Silva M, 'Book review: Promoting law student and lawyer well-being in Australia and beyond', University of Notre Dame Law Review, 18, (1) pp. 177-194. ISSN 1441-9769 (2016) [Review Single Work]|
|2015||D'Silva M, 'The Buddha Pill: Can Meditation Change You? by Miguel Farias and Catherine Wikholm (Watkins Publishing 2015)', Law Society Journal, (Nov) ISSN 2203-8906 (2015) [Review Single Work]|
|2014||D'Silva M, 'Professional Ethics at the International Bar', Modern Law Review, The, 77, (6) pp. 1030-1047. ISSN 0026-7961 (2014) [Review Single Work]|
|2004||D'Silva M, 'Ethics Handbook: Questions and Answers by Russell Cocks (Law Institute of Victoria 2004', Law Society Journal, 42, (9) pp. 98. ISSN 2203-8906 (2004) [Review Single Work]|