Legal Education and Training of Lawyers

Author(s):  
Jill Harries

This chapter focuses on legal education. It surveys Justinian’s command-and-control model of legal education compared to the unstructured, ad hoc and sociable methods of instruction practised under the Republic by a Servius, or, under the Empire, by a Papinian—or, for philosophy, by a Plotinus. For centuries, Romans had operated in line with what had worked for them. Lawyers in their seminars would not necessarily have taught “to” the order of topics present in Scaevola’s treatise on the Civil Law (or Sabinus’ abbreviated version) or to the Edict, but they would have been aware of them as frameworks for the written outcomes of their oral discussions. As the fashion for teaching from core texts and a set syllabus took hold, discussion of written text became the central, but not exclusive focus, of legal instruction and the way was open for the construction of the definitive legal syllabus by Justinian.

Author(s):  
Denis S. Lapay

The study is devoted to the Moscow Military Railway School activities in the command and control staff qualifying for the Special Corps of Railway Troops during its existence from 1932 to 1941. The relevance of the research is due to the lack of the issues of construction and training studies of the Special Railway Corps military personnel and the little studied aspects of command and control staff training in the Moscow Military Railway School during the period of Russian historiography. Factor analysis of justification of Railway School foundation historical necessity is carried out. We reveal the main activities of the military authorities, management and teaching staff of the school to train specialists for the Railway troops of the Workers’ and Peasants’ Red Army. The experience of deploying the material and training base of the military school within a limited time frame is analyzed. The specificities of the school’s variable staffing system are also noted. The background for the school establishment discontinuing is analyzed, and the conclusion is drawn that this reorganization in March 1941 on the eve of the Great Patriotic War is unjustified, as well as the need to restore historical memory of the school.


In this chapter, the authors show how functional organizations, derived and perpetuated by the Romans, the Church, and the army of Frederick the Great, were ready-at-hand with the emergence of the industrial era and associated with the creation of wealth through a series of subsequent and specialized value-adding steps. This is a typical command and control model. The chapter shows that this is not the only model for wealth creation over the centuries, even though it continues to predominate in contemporary organizations. Relational networks existed throughout the same historical span of time and are undoubtedly responsible for the greatest accumulation of wealth. They often accumulated such a significant amount of wealth that they threatened the legacy models of church and state. Legacy thinking, directly and indirectly, continues to perpetuate questionable assumptions and cognitive blindness about how work really gets done and how wealth is really created.


2020 ◽  
Vol 14 (3) ◽  
pp. 218-241
Author(s):  
August Capiola ◽  
Holly C. Baxter ◽  
Marc D. Pfahler ◽  
Christopher S. Calhoun ◽  
Philip Bobko

Trust is important for establishing successful relationships and performance outcomes. In some contexts, however, rich information such as knowledge of and experience with a teammate is not available to inform one’s trust. Yet, parties in these contexts are expected to work together toward common goals for a relatively brief and finite period of time. This research investigated the antecedents to quickly-formed trust (often referred to as swift trust) in fast-paced, time-constrained contexts. We conducted a cognitive task analysis (CTA) based on 11 structured interviews of subject-matter experts (SMEs) in Intelligence (Intel)—a heterogeneous job category comprising distributed and co-located personnel within multi-domain command and control (MDC2) environments. Eight antecedents to swift trust emerged from these interviews (i.e., ability, integrity, benevolence, communication, mission-focus, self-awareness, shared perspectives/experiences, and calm), with further analysis implying that swift trust is a relevant and emergent state in MDC2 that facilitates reliance. These findings offer implications for teams operating in high-risk distributed contexts and should be expanded through basic experimental investigations as well as applied initiatives.


1995 ◽  
Vol 1995 (1) ◽  
pp. 651-655
Author(s):  
Jeff Simmerman

ABSTRACT In the development of the area contingency plan, the federal on-scene coordinator (FOSC) received a vast array of response expertise from the membership of each area committee. This expertise provided a wealth of response knowledge vital in contingency planning. Additionally, each agency in the area committee could be involved in the response command structure. These agencies, each with very different policies and procedures, offer a unique challenge to the FOSC in implementing that area contingency plan. Another challenge faced by the FOSC is ensuring that the operational expertise contained in the area contingency plan is available to each member of a diverse response organization, including personnel mobilized from agencies in areas outside the FOSC area of responsibility, who may be unfamiliar with both the contingency planning process and the command and control (C & C) structure they are augmenting. The solution to both these challenges lies in arranging the area contingency plan in a format outline directly representing the C & C response structure determined by the FOSC and the area committee. This paper discusses the steps in the Savannah Area Contingency Plan and the evolution of its format; the operational and training advantages of this format; and the potential for this format to incorporate improvements.


Author(s):  
Gregory S. Marzolf ◽  
Ronald M. Sega

Abstract This research hypothesizes that changes in command and control along with increased levels of trust and training led to a stronger response in Colorado’s 2013 Black Forest fire than that of the 2012 Waldo Canyon fire. Because the fires were categorized as the worst in the region’s history, and because they occurred in very close succession, in roughly the same area, involving many of the same responders, the fires provide valuable insights into how the response system adapted, or failed to adapt, to overcome key events under both scenarios. The study found that the ability to tailor command and control and supporting response structures to a particular event instead of using traditional rigid frameworks were instrumental to a more effective response. The study goes on to suggest that even though the Black Forest fire was met with an improved response, a systems approach is needed to better accommodate increasingly complex future events.


Author(s):  
Raphaël Gellert

Chapter 3 shows that a number of the issues that data protection has encountered and which have served as the impetus for the GDPR reform process can be understood from the regulatory viewpoint. More in particular, they amount to the traditional criticism addressed against command and control rulemaking. It is possible to argue that the command and control model of regulation is based upon two assumptions. First, enforcement is operated through sanctions or the threat thereof—what is referred to as deterrencedeterrence|, and it is assumed that such deterrence always works. Second, it is assumed that the regulatory goalsregulatory goals| (and the standards and safeguards they lead to) are somewhat unproblematic. This last set of issues is multi-dimensional insofar as it affects the determination of what counts as an adequate standard and safeguard, but it also affects the implementation in practice of these standards. Just as determining what is the behaviour that will lead to the achievement of regulators is less than obvious, so is the concrete implementation and compliance with the various rules that are meant to lead to such behaviour. This is encapsulated for instance in the data controllers’ uncertainty on how exactly to apply certain data protection provisions, or in the inefficiency of a number of mechanisms such as notification obligations. Finally, due notice should be paid to technological evolutions, which can aggravate these issues.


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