Adapting action learning in the legal profession: the role of the ‘provided’ problem

2021 ◽  
Vol 18 (1) ◽  
pp. 67-74
Author(s):  
Bernadette McDonald
Keyword(s):  
Action Learning ◽  
Legal Profession

Common Law Constitutionalism

2018 ◽  
Author(s):  
William E. Nelson
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Common Law ◽  
Legal Profession ◽  
Legal Institutions ◽  
Law System ◽  
The Common ◽  
Common Law System

This chapter shows how common law pleading, the use of common law vocabulary, and substantive common law rules lay at the foundation of every colony’s law by the middle of the eighteenth century. There is some explanation of how this common law system functioned in practice. The chapter then discusses why colonials looked upon the common law as a repository of liberty. It also discusses in detail the development of the legal profession individually in each of the thirteen colonies. Finally, the chapter ends with a discussion of the role of legislation. It shows that, although legislation had played an important role in the development of law and legal institutions in the seventeenth century, eighteenth-century Americans were suspicious of legislation, with the result that the output of pre-Revolutionary legislatures was minimal.

scholarly journals Socially Responsible HR in Action: Learning from Corporations Listed on the Dow Jones Sustainability Index World 2018/2019

2021 ◽  
Vol 13 (6) ◽  
pp. 3237
Author(s):  
Pyounggu Baek ◽  
Taesung Kim
Keyword(s):  
Multinational Enterprises ◽  
Corporate Sustainability ◽  
Action Learning ◽  
Socially Responsible ◽  
Sustainability Index ◽  
Responsible Management ◽  
Dow Jones Sustainability Index ◽  
The Individual ◽  
Corporate Social

As ethical management, corporate social responsibility (CSR), and corporate sustainability (CS) are increasingly permeating business discourse, contemplating the role of human resources (HR) in helping organizations with socially responsible management is a proactive acceptance of stakeholders’ expectations while reinforcing the field’s identity and contribution. In response, the we examined the HR policies and practices of 46 multinational enterprises (MNEs) listed on the Dow Jones Sustainability Index (DJSI) World 2018/2019 to add new insights to the literature and inform the HR field on how to move forward with socially responsible HR. Content analysis and inductive conceptualization of the MNEs’ HR activities produced a triangular pyramid for socially responsible HR, constructed with eight major themes at the individual, organizational, and institutional levels. Building on the findings, we suggest implications for practice and research, and conclude with urging the HR community to demonstrate leadership in setting the agendas and facilitating change toward socially responsible management.

scholarly journals PERTANGGUNGJAWABAN ADVOKAT SEBAGAI GATEKEEPER DALAM KAITANNYA DENGAN TINDAK PIDANA PENCUCIAN UANG

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Money Laundering ◽  
Legal Profession ◽  
The State ◽  
Professional Responsibilities ◽  
Basic Purpose ◽  
The Law

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.

scholarly journals Current stage of Russian advocacy development

2021 ◽  
pp. 27-36
Author(s):  
S. I. Volodina
Keyword(s):  
Mental Health ◽  
Professional Development ◽  
Law Enforcement ◽  
Legal Profession ◽  
Negative Consequences ◽  
Legal Aid ◽  
The Status ◽  
Standards Of Proof ◽  
Current Stage

The paper considers the present time status of the Russian advocacy, the progress in digitalization of the legal profession and plans for the future development, as well as advocacy’s challenging issues and solu- tions. The article reviews criteria for division of advocacy’s challenging issues. The paper refers to the creation of a commemorative medal in honor of the 30th anniversary of the FSAR (Russian Federal Lawyers Union).The role in the integration of the legal profession of the famous attorney and the former head of the department of advocacy of the Kutafi n Moscow State Law University (MSAL) A. V. Kligman, in whose honor the medal was created, is described. Also, the article highlights the “Pashayev eff ect” as the legal profession antihero and shows the negative consequences to which his behavior led. Moreover, attention is paid to the Concept of the development of the legal aid market and the tasks of the legal profession. Besides topics discovered, the Author analyzes the problems of protecting the professional rights of attorneys, the example of violation of the rights is provided by the case of attorney Diana Tsipinova in 2020 and the advocacy’s attempts to achieve a positive result. The problem of creating a specialized advocacy is revealed. The question of the mandatory internship for the purpose to acquire the status of an attorney is discussed. Defenсe standards and Standards of proof are observed. An example of the successful practice in the fi eld of people’s mental health of attorney Y. L. Ershov and his role in changing the law enforcement in mentioned area is given. The role of professional development of advocacy is shown.

6. Legal services

2017 ◽  
Author(s):  
Scott Slorach ◽  
Judith Embley ◽  
Peter Goodchild ◽  
Catherine Shephard
Keyword(s):  
Legal Profession ◽  
Legal Services ◽  
England And Wales ◽  
The Uk

This chapter examines the development of the legal profession in the UK. It discusses lawyers as professionals; the importance of legal services and their regulation; the legal profession in England and Wales; the role of ethics in lawyers’ work and the changing face of the legal profession within society.

scholarly journals The Role of a Learning Approach in Building an Interorganizational Network Aiming for Collaborative Innovation

2018 ◽  
Vol 55 (1) ◽  
pp. 27-49 ◽  
Author(s):  
Anna Yström ◽  
Susanne Ollila ◽  
Marine Agogué ◽  
David Coghlan
Keyword(s):  
Action Learning ◽  
Real Life ◽  
Research Process ◽  
Learning Approach ◽  
Interorganizational Network ◽  
Collective Knowledge ◽  
Life Problems ◽  
Collaborative Innovation ◽  
Collaborative Exploration

Collaboration has become a common way for organizational actors to engage in problem solving and innovation. Yet shifting from strategic interactions (driven by reduction of transaction costs) to transformational interaction (driven by collaborative transorganizational development) appears to be difficult to achieve in practice in a network setting. This article argues that such a shift can be enhanced by adopting an action learning approach, which entails working on real-life problems without clear solutions and collectively working to resolve them. Based on an action learning research process, this article therefore explores ways to support collective knowledge creation within an interorganizational network setting. It provides rich illustrations of how the interactions in the network changed through the process, and the participants moved from a space of territorial protection to a space for collaborative exploration. From this case, the article outlines a model for learning in interorganizational networks and discusses related challenges.

scholarly journals Reclaiming the Role of Lawyers as Community Connectors

Daedalus ◽  
2019 ◽  
Vol 148 (1) ◽  
pp. 30-36
Author(s):  
David F. Levi ◽  
Dana Remus ◽  
Abigail Frisch
Keyword(s):  
Low Income ◽  
Legal Profession ◽  
The Poor ◽  
Innovative Solutions ◽  
Pro Bono ◽  
Do So ◽  
The Way ◽  
Justice Gap

With the prospect of nonlawyers stepping in to do low-fee legal work, how should the legal profession conceive of its relationship to that work and ensure that nonlawyers bolster rather than undermine the value that lawyers add to society? Lawyers should reclaim their role as connectors in their communities: interstitial figures with the knowledge, skill, and trust to help resolve disputes, move beyond stalemates, dispel tensions, and otherwise bring people and resources together in productive solutions. They should do so, at least in part, through pro bono work for poor and low-income clients. It would be a mistake to stand in the way of innovative solutions to the justice gap. But it would also be a mistake, and a deep loss, if lawyers–particularly those who do not normally represent poor and low-income clients– turned their backs on the poor and low-income segments of our society.

The Financial Rewards of Elite Status in the Legal Profession

2011 ◽  
Vol 36 (04) ◽  
pp. 971-998 ◽  
Author(s):  
Ronit Dinovitzer
Keyword(s):  
Cultural Capital ◽  
Legal Profession ◽  
Status Attainment ◽  
Professional Capital ◽  
Complex Process ◽  
Earnings Gap ◽  
Elite Status ◽  
Over Time

This article focuses on the role of intergenerational status attainment for legal careers. By decomposing the earnings gap between elite and nonelite lawyers at two points in their careers, we find that inherited cultural capital produces an earnings advantage as soon as lawyers begin their careers and that this gap persists over time. We further find that the processes underlying this gap change as lawyers make their way through the profession. While in early careers, the elite advantage is due to stronger starting endowments, the advantage for junior lawyers results from a more complex process, which combines starting endowments, professional capital gained during the first years of practice, and the rate at which endowments are differentially rewarded in the profession. Elaborating on work that identifies the importance of maintaining and concentrating diverse forms of capital in the legal profession, we explain the process through which elite lawyers gain and retain their advantage over time.

The First Decade of Namibian Law

1999 ◽  
Vol 68 (3) ◽  
pp. 275-291
Author(s):  
Keyword(s):  
South Africa ◽  
Present State ◽  
Legal Education ◽  
Legal Profession ◽  
Customary Law ◽  
Concise Overview

AbstractThe article provides a concise overview of Namibian legal developments since the country became independent in 1990. It presents the constitutional framework of Namibian law, the principle of continued application of pre-independence rules, the history and future of the Roman-Dutch law inherited from South Africa, the role of customary law, and the present state of legal education and the legal profession in the country.

scholarly journals Entre Ville et Montagne: L'Arbitrage Familiale dans le District de Grenoble

2004 ◽  
Vol 35 (2) ◽  
pp. 447
Author(s):  
Jerome Ferrand
Keyword(s):  
Dispute Resolution ◽  
Legal Profession ◽  
Conventional Form ◽  
The Law ◽  
The Revolution

Established by the law of 16-24 August 1790, the regional family tribunal of Grenoble used arbitration as the conventional form of dispute resolution. This article examines the role of the legal profession within family arbitration, while comparing the situation in Grenoble and in the surrounding mountains. This contrast illustrates the difficulties involved in the installation and operation of family tribunals in the first years of the Revolution. Nevertheless, the informal nature of family arbitration permitted the resolution of conflicts that would not otherwise have been resolved.

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