SOME ASPECTS OF THE CONTROL ACTIVITIES OF THE LEGISLATIVE AUTHORITY OF THE SUBJECT OF FEDERATION IN LEGAL EDUCATION: THE LEGAL CONTEXT

2016 ◽  
Vol 4 (7) ◽  
pp. 0-0
Author(s):  
Константин Струков ◽  
Konstantin Strukov

The article considers some problems of carrying out control activities by the Russian State over information relations on the Internet. The author notes that the subject mater of the bitter dispute between supporters and detractors of the necessity of enhancement of state participation in information relations, arising on the Internet, is the issues, related to admissible limits of state control. Any strengthening of state control over information relations, arising on the Internet, as well as the necessary introduction of any other restrictive measures is only admissible after the thorough analysis of the proposed novations, monitoring and arranging of public opinion. In his research the author touches upon such problematic aspects as the absence of a unified concept of state control in Russia; difficulties in detecting lawbreakers and bringing them to responsibility for law infringements, committed on the Internet, as well as revealing such infringements; the use of the Internet for the purposes of prevention of infringements and legal education of people.


Author(s):  
Natal'ya Olegovna Sabanina ◽  
Dmitrii Sergeevich Ermakov ◽  
Sergei Anatol'evich Popov

Rendering legal assistance to the population is one of the crucial vectors in the activity of legislative and executive branches, as well as local self-governance in different countries. The subject of this research is the formulation of recommendations aimed at elimination of gaps in the current legislation in the area of rendering free legal assistance to the population of the Russian Federation. The article presents an analytical overview of the peculiarities of rendering free legal assistance to the citizens in Russia and abroad. Emphasis is placed on analysis of the current legislation that regulates the indicated area of legal relations, effectiveness of its application, and further improvement. The novelty of the acquired results consists in the use of comprehensive approach towards examination of theoretical and empirical materials, as well as in proposing ways to improve the mechanism of rendering free legal assistance to the Russian population. As there is currently a complex mechanism for the lawyers to provide reports in order to be paid for their assistance, it is offered to develop requirements on the federal level to receive compensation for their work. It is also essential to establish on the federal level the minimum compensation for each type of legal aid. For increasing information awareness of the citizens on the possibilities of receiving free legal aid, it is necessary to give closer attention to legal education (availability of mass media and Internet resources, creation of thematic sections and banners, publication of information of websites and at the premises of multifunctional centers, etc.). The made proposals and recommendations can be used as the theoretical framework for solution of practical problems associated with rendering free legal assistance to the population.


Author(s):  
M. V. Voronin

The article is devoted to the issue of the measure of freedom of the subject-addressee of genetic education. The goal of this article is to clarify and analyze the features of content of genetic education; to compare the notion of genetic education with legal and medical education and find similarities and differences between them; to reflect on ways and methods of legal and social regulation of genetic education.The study considers two theoretical models of understanding of the measure of freedom related to the use of information on genetic data. The first model deals with genetic information that must be provided. The second model pertains to optional information.The notion of “genomic education” is analyzed in the context of characteristics of genetic education and is compared with medical and legal education. It is highlighted that genetic education is inherently innovative, interdisciplinary, narrow-focused, limited in its content, and proactive.In conclusion, it is emphasized that there is a need to conduct a further research on content, control and communication in the implementation of narrow-focused genetic education.


Legal Studies ◽  
1997 ◽  
Vol 17 (2) ◽  
pp. 305-322 ◽  
Author(s):  
D R F O'Dair

‘the duty of the law schools is to help its students to understand the ultimate significance of the lifework they have undertaken: to see the ultimate purpose of a lawyer's work… .’ [Brainard Currie]The Lord Chancellor's Advisory Committee on Legal Education and Conduct (ACLEC) has recently called upon academic law teachers of the undergraduate degree in law to take more of an interest in professional ethics. This means that academic law teachers can no longer set the subject aside as something to be dealt with during vocational legal education. Professional ethics must be taught pervasively, ie at each stage of legal education. This paper argues, however, that professional ethics must be taught pervasively in a further sense: even within the undergraduate curriculum, the task of educating tomorrow's lawyers in professional ethics cannot be left to one or more specialists in the subject.


2005 ◽  
Vol 6 (1) ◽  
pp. 22-28 ◽  
Author(s):  
Israel Doron

The choice of the old and terminally ill to die at home has been the subject of various types of research. However, one of the aspects of this subject, which has been investigated very little, is its legal context. The absence of such legal research is contrasted by the vast amount of academic writing on the legal aspects of the right to die with dignity and euthanasia. The object of this article is to analyze and break down the “right to die at home” into its different legal components. This legal analysis will be based on Professor Isaiah Berlin’s definition of two different concepts of liberty: negative and positive freedoms. The main conclusion from the legal analysis presented in this article is that it is important to understand that at the legal level the right to die at home is dependent on many different elements. These elements may be classed in two basic categories: negative and positive freedoms and rights. Even though the former is a necessary condition of the latter, without the latter the first remains purely theoretical for many old people.


2018 ◽  
Vol 22 (36) ◽  
pp. 1-14 ◽  
Author(s):  
Russell Stanley Q. Geronimo

Abstract The interface between securitization law and insolvency law is the central legal concern in designing securitization transactions. The complex structure of these transactions under the Securitization Act of 2004 should be understood within a specific legal context: the possible bankruptcy, insolvency, or liquidation of the “originator” (i.e. the entity requiring securitization financing), which may jeopardize the claims of asset-backed security investors. It is a solution to the risk that security holders with claim to specific assets may end up being subordinated to the interest of preferred creditors and ranked pari passu with, or even lower than, unsecured creditors in a rehabilitation or liquidation proceeding. Under present law, this risk may arise through the “substantive consolidation” and “clawback” provisions of the Financial Rehabilitation and Insolvency Act (FRIA) of 2010. This risk is mitigated through the creation of a bankruptcy remote vehicle and true sale of receivables, and it is the lawyer’s principal role in the securitization process to isolate or ring-fence assets beyond the reach of creditors, and making them an exclusive claim of investors. How this works in theory and practice is the subject of this paper.


2021 ◽  
Vol 4 (03) ◽  
Author(s):  
Eva-Maria Svensson ◽  
Erik Björling

The article addresses the role of legal theory in legal education. Today, a multitude of perspectives is present within legal theory and, as a subject, it is not as distinct as it is sometimes claimed to be. It is evident when considering syllabuses in the Nordic countries that nearly all LLM programmes have ambitions to teach legal theory as embracing a multitude of theoretical and methodological perspectives. This multitude of perspectives promises adaptable content for the subject of legal theory in various legal contexts, and could facilitate a reflection on how knowledge is acquired and why. The challenge addressed in the article is the presence of explicit or implicit ideas from the subject of legal theory as comprising a coherent “legal method” and a specific list of accepted theories. The persistence of such ideas is scrutinised in this article with help of the concepts of “professional knowledge” and “scholarly knowledge”. In order to navigate the complex field of legal theories, students need meta-reflective skills, which means the ability to reflect upon the underlying complexity and multitude of the subject. This is shown by a case study from the Department of Law at the University of Gothenburg, together with examples from curricula and textbooks from legal theory courses across the Nordic countries.


Legal Studies ◽  
1985 ◽  
Vol 5 (2) ◽  
pp. 151-171 ◽  
Author(s):  
Hilaire A. Barnett ◽  
Dianna M. Yach

‘Whatever the future of the subject, the content of the present courses suggests that jurisprudence has a capacity for self-renewal and an elasticity which enables it to interpret ideas from philosophy and the social sciences to law students in a way which stresses their modern relevance to the social and theoretical problems which an intelligent and critical study of law should suggest.’ So concludes the last survey of jurisprudence teaching in British universities carried out in 1972/73 by Cotterrell and Woodliffe. To what extent could their sentiments be echoed in 1983/84?Ten years have elapsed since the previous survey was completed during which time important changes have occurred in legal education and its environment.


Author(s):  
P. Ishwara Bhat

The first chapter introduces the subject by explaining key words like research, legal research, method, and methodology. By linking knowledge with research, it brings out the purposive character of knowledge influencing research. It lists various objectives of legal research such as exploration, description, historical explanation, law reform, prediction, and publication, briefly explaining each. It traces the historical development of legal research in India thorugh ancient, medieval, colonial, and modern times. It finds that legal research became systematic and wide spread only along with orderly growth of legal education. Finally, it catalogues diverse methods of legal research under the categories of doctrinal, non-doctrinal, and integrated methods of legal research. Reader gets a basic idea about legal research, its past, present, and future potentiality and a glimpse of its wider canvas.


The study of environmental law has been relatively limited to date, with researchers either adopting a country-by-country approach or comparing a limited number of jurisdictions on some specific points, or, still, addressing a specific area or problem in detail without seeking to encompass environmental law as a whole. This book fills a gap in the disciplines of comparative law and environmental law by providing the first comprehensive analysis of comparative environmental law from an integrated perspective. In addition to the common approaches to the subject, the book also addresses the fundamental systems underpinning the diversity observed across countries as well as the interactions of environmental laws and instruments with their broader legal context. The former have received limited attention to date, while the latter are important not only because such interactions may heavily influence the effectiveness and resilience of environmental law but also because some non-environmental instruments may operate as extremely powerful vehicles of environmental protection. Combining commentaries by leading academics from around the world as well as observations by a new generation of scholars who have different perspectives on the questions being addressed, this book is a valuable resource for both academics and practitioners in the field.


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