Counseling about More Than the Law

Author(s):  
Andrea Kupfer Schneider

At the end of Professor Menkel-Meadow’s landmark article, she notes “the attraction of the problem-solving approach to negotiations is that it returns the solution of the problem to the client and forces the lawyer to perform her essential role in the legal system—that of solving problems” (p. 841). While most view this article as a call to change the mindset of lawyers to engage in the problem-solving method of negotiation, I want to focus on its underlying message—a lawyer’s essential role includes counseling about more than the law. In fact, as this article was being written in the early 1980s, the Kutak Commission added Model Rule 2.1, authorizing attorneys to counsel clients about the consequences of their actions beyond the law. Professor Menkel-Meadow gives us the road map to do that. Moreover, Professor Menkel-Meadow’s explanation is even more compelling, because it is based on a shift in mindset and is the first to utilize interdisciplinary literature....

2003 ◽  
Vol 33 (1) ◽  
pp. 149-151

The quadrilateral meeting at Aqaba, intended to ““kick off implementation”” of the road map, was attended by King Abdallah, Prime Minister Abbas, Prime Minister Sharon, and President Bush. All four leaders made statements at the end of the meeting, but only those by Abbas and Sharon are reproduced below. President Bush's statement was noteworthy for its mention of Israel as a ““vibrant Jewish state”” (““America is strongly committed and I am strongly committed to Israel's security as a vibrant Jewish state””) and of Palestinian ““hopes”” for a ““viable”” state, and for reiterating that the Arab states ““have promised to cut off assistance and the flow of money and weapons to terrorists groups and to help Prime Minister Abbas rid Palestinian areas of terrorism.”” The statements by Abbas and Sharon were drafted with U.S. officials prior to the meeting. Though Abbas did not comply with the Israeli demand of Palestinian acknowledgment of Israel as a ““Jewish state,”” his speech provoked indignation in the occupied territories for its reference to ““the suffering of the Jews”” without mention of Palestinian suffering, its reiterated call for ending the ““armed intifada,”” and its ““renunciation”” of terrorism. Sharon resisted U.S. suggestions to refer to ““settlements,”” but did mention ““unauthorized outposts.”” In reference to Sharon's mention of ““territorial contiguity”” for a ““viable”” Palestinian state, a spokesman indicated that the contiguity would be ensured by ““bridges and tunnels.”” The text of the statements, transcribed by eMediaMill- Works and carried by the Associated Press, was posted on the Washington Post's Website.


2017 ◽  
Vol 99 (2) ◽  
pp. 184-226
Author(s):  
Barry Read

A sequel to the author’s article in the preceding issue on the origins, purpose, and planners of Los Angeles’s scenic Mulholland Drive, this article traces the phenomenal accomplishment of the 24-mile mountain road’s construction in one year and under budget. It details the supervision and problem-solving by construction engineer DeWitt L. Reaburn, the bureaucratic streamlining, the use of the latest 1920s road-building technology, and the efficient manpower logistics that made this possible.


2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.


Mousaion ◽  
2020 ◽  
Vol 37 (2) ◽  
Author(s):  
Collence Takaingenhamo Chisita ◽  
Nyarai Patience Chibanda

The development of libraries in any country is critical for its socio-economic transformation especially during this 21st century era where access to information and knowledge underpins development. The International Federation of Library Associations and Institutions (IFLA) launched the Global Vision Project in 2017 as a way of strengthening library throughout the world. The project has seen over 190 countries participating worldwide. For most nations, especially those in the developing countries, this has indeed created platforms for strong and united library associations that are powering literate, informed and participative societies. A number of countries in Africa including Zimbabwe have taken the initiatives to participate in the IFLA Global Vision. This article seeks to examine the challenges and opportunities   for librarians in Zimbabwe in building a united library field. It will also scrutinize the road travelled by librarians in Zimbabwe in their pursuit of a vision to reposition their libraries on the global library landscape. The   article will also study the factors affecting the development of a unified library sector in Zimbabwe. It will also explore how the national professional association Zimbabwe Library Association (ZIMLA) can contribute towards a unified library profession through collaboration. The article also proposes a strategy to enhance cooperation among librarians in Zimbabwe.


Author(s):  
ARTAN QERKINI

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.


2014 ◽  
Vol 6 (01) ◽  
Author(s):  
JAVED ALAM SHEIKH

Almost 50 per cent of the world population is constituted by the women and they have been making substantial contribution to socio-economic development. But, unfortunately their tremendous contribution remains unrecognized and unnoticed in most of the developing and least developed countries causing the problem of poverty among them. Empowering women has become the key element in the development of an economy. With women moving forward, the family moves, the village moves and the nation moves. Hence, improving the status of women by way of their economic empowerment is highly called for. Entrepreneurship is a key tool for the economic empowerment of women around the world for alleviating poverty. Entrepreneurship is now widely recognized as a tool of economic development in India also. In this paper I have tried to discuss the reasons and role of Women Entrepreneurship with the help of Push and Pull factors. In the last I have also discussed the problems and the road map of Women Entrepreneurs development in India.


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