scholarly journals Pericles Should Learn to Fix a Leaky Pipe – Why Trial Advocacy Should Become Part of the LLB Curriculum (Part 2)

2018 ◽  
Vol 21 ◽  
pp. 1-32
Author(s):  
Willem Hendrik Gravett
Keyword(s):  
Ethical Issues ◽  
Opportunity To Learn ◽  
Law School ◽  
Law Schools ◽  
Legal Ethics ◽  
School Teaching ◽  
Wide Range ◽  
Trial Advocacy ◽  
The University

The inescapable reality is that most law school graduates are headed for professional life. This means that law schools have some accountability for the competence of their graduates, and thus an educational responsibility to offer their students instruction in the basic skills of legal representation. The most obvious and direct gain from the university law school offering more training in the generally neglected applied legal skills of trial advocacy, interviewing, counselling, drafting and negotiation, is the benefit to students in helping them bridge the gap between traditional basic legal education and practice. Although I strongly believe that the LLB curriculum should also include courses in legal writing, negotiation, client counselling, and witness interviewing, I emphasise adding a clinical course in trial advocacy to the LLB curriculum for a number of specific reasons. Trial advocacy consists of a set of skills that transcends the walls of the courtroom. It is difficult to conceive of a practising lawyer who does not, in some way and at some time, utilise the skills of advocacy - fact analysis, legal integration and persuasive speech. Even the technical "forensic skills" of trial advocacy, such as courtroom etiquette and demeanour, learning how to phrase a question to elicit a favourable response, and making an effective oral presentation, transfer readily to a wide range of applications within both the legal and business worlds. In addition to learning how to prepare and present a trial from the opening speech through to the closing argument, in a trial advocacy course students would also learn to apply procedural, substantive and ethical rules of law to prove or defend a cause of action. Moreover, if university law schools fail to contribute to establishing a substantial body of competent trial lawyers, our failure will ultimately take its toll on our system of justice. The quality of courtroom advocacy directly affects the rights of litigants, the costs of litigation, the proper functioning of the justice system, and, ultimately, the quality of justice. Also, traditional law school teaching in legal ethics is necessarily abstract and a-contextual. It can be effective at providing instruction in the law of lawyering, but it is seldom as productive when it comes to examining more subtle questions. The university trial advocacy course is the ideal forum in which to raise ambiguous and textured ethical issues. Ethics problems cannot be avoided or rationalised, because the student trial lawyer must always make a personal decision. In the ethics classroom, it is all too easy to say what lawyers should do. In the simulated courtroom, students have to show what they have chosen to do. I argue that a university trial advocacy course should not be antithetical to the university mission. Thus, students should be given the opportunity to learn not only "how" to conduct a trial, but also "why" their newly acquired skills should be used in a certain way, and "what" effect the use of that skill could have. Through properly constructed case files, assignments and class discussions, students should be able to reflect on issues that go beyond the mere mastery of forensic skills. A university course in trial advocacy must be infused with instruction in evidence, legal ethics, procedure, litigation planning, the encouragement of critical thinking about the litigation and trial process, and the lawyer's role in the adversary system. I also suggest, in concrete terms and by way of example, the outlines of both the theoretical and practical components of a university trial advocacy course that would result in a highly practical course of solid academic content.

scholarly journals Pericles Should Learn to Fix a Leaky Pipe – Why Trial Advocacy Should Become Part of the LLB Curriculum (Part 1)

2018 ◽  
Vol 21 ◽  
pp. 1-30
Author(s):  
Willem Hendrik Gravett
Keyword(s):  
Professional Competence ◽  
Legal Education ◽  
The United States ◽  
Law School ◽  
Law Students ◽  
Law Schools ◽  
The Public ◽  
The Law ◽  
Trial Advocacy ◽  
The University

It is a sad fact that at most university law schools in South Africa, a student can graduate without ever having set foot in a courtroom, and without ever having spoken to, or on behalf of, a person in need of advice or counsel. The past several years have witnessed a swelling chorus of complaints that the current LLB curriculum produces law graduates who were "out of their depth" in practice. My purpose is to make a case for the inclusion in the LLB curriculum of a course in trial advocacy. This endeavour of necessity invokes the broader debate over the educational objectives of a university law school – a debate memorably framed by William Twining as the two polar images of "Pericles and the plumber". My thesis is that the education of practising lawyers should be the primary mission of the university law school. The first part of this contribution is a response to those legal academics who hold that the role of the law school is to educate law students in the theories and substance of the law; that it is not to function as a trade school or a nursery school for legal practice. With reference to the development of legal education in the United States, I argue that the "education/training" dichotomy has been exposed as a red herring. This so-called antithesis is false, because it assumes that a vocational approach is necessarily incompatible with such values as free inquiry, intellectual rigour, independence of thought, and breadth of perspective. The modern American law school has shown that such so-called incompatibility is the product of intellectual snobbery and devoid of any substance. It is also often said that the raison d'être of a university legal education is to develop in the law student the ability "to think like a lawyer". However, what legal academics usually mean by "thinking like a lawyer" is the development of a limited subset of the skills that are of crucial importance in practising law: one fundamental cognitive skill – analysis – and one fundamental applied skill – legal research. We are not preparing our students for other, equally crucial lawyering tasks – negotiating, client counselling, witness interviewing and trial advocacy. Thinking like a lawyer is a much richer and more intricate process than merely collecting and manipulating doctrine. We cannot say that we are fulfilling our goal to teach students to "think like lawyers", because the complete lawyer "thinks" about doctrine and about trial strategy and about negotiation and about counselling. We cannot teach students to "think like lawyers" without simultaneously teaching them what lawyers do. An LLB curriculum that only produces graduates who can "think like lawyers" in the narrow sense ill-serves them, the profession and the public. If the profession is to improve the quality of the services it provides to the public, it is necessary for the law schools to recognise that their students must receive the skills needed to put into practice the knowledge and analytical abilities they learn in the substantive courses. We have an obligation to balance the LLB curriculum with courses in professional competence, including trial advocacy – courses that expose our students to what actually occurs in lawyer-client relationships and in courtrooms. The skills our law students would acquire in these courses are essential to graduating minimally-competent lawyers whom we can hand over to practice to complete their training. The university law school must help students form the habits and skills that will carry over to a lifetime of practice. Nothing could be more absurd than to neglect in education those practical matters that are necessary for a person's future calling.

Affirmative Action and Aboriginal Government: The Case for Legal Education in Nunavut

1999 ◽  
Vol 14 (2) ◽  
pp. 21-75 ◽  
Author(s):  
Kelly Gallagher-Mackay
Keyword(s):  
Justice System ◽  
Critical Mass ◽  
Legal Education ◽  
Law School ◽  
Law Schools ◽  
Disadvantaged Communities ◽  
The Public ◽  
Education Gap ◽  
The University ◽  
And Training

AbstractThe Nunavut Land Claim Agreement commits federal and territorial governments to the recruitment and training of Inuit for positions throughout government. In the justice sector, there is currently a major shortage of Inuit lawyers or future judges. However, there also appears to be a fundamental mismatch between what existing law schools offer and what Inuit students are prepared to accept. A northern-based law school might remedy some of these problems. However, support for a law school requires un-thinking certain key tenets of legal education as we know it in Canada. In particular, it may require a step outside the university-based law school system. Universities appear to be accepted as the exclusive guardian of the concept of academic standards. Admission standards, in particular, serve as both a positivist technology of exclusion, and a political rationale for the persistence of majoritarian institutions as the major means of training members of disadvantaged communities. Distinctive institutions – eventually working with university-based law schools – have the potential to help bridge the education gap between Inuit and other Canadians. In so doing, they have the potential to train a critical mass of Inuit to meaningfully adapt the justice system to become a pillar of the public government in the Inuit homeland of Nunavut.

scholarly journals Propuesta de Comunicación con Tecnología Óptica Pasiva en el Reparto “Carlos Manuel de Céspedes” de Bayamo, Cuba: opción de estudio para los universitarios

2017 ◽  
Vol 1 (8) ◽  
Author(s):  
Manleys Rodríguez Torres ◽  
Randy Verdecia Peña
Keyword(s):  
Access Network ◽  
University Student ◽  
Housing Sector ◽  
Power Budget ◽  
Starting Point ◽  
Wide Range ◽  
La Red ◽  
The University ◽  
Estudiantes Universitarios

El objetivo del trabajo consistió en diseñar una propuesta de comunicación para el reparto Carlos Manuel de Céspedes de Bayamo, Granma, Cuba. Para ello se tomó como campo investigativo 10 entidades y 1 061. Esta se basa en el despliegue de fibra óptica en el reparto en cuestión partiendo de la reutilización de la red de acceso existente. Dicho proyecto puede ser tomado como material de estudio por estudiantes universitarios. En la proposición de comunicación se concibe la inclusión de 9 MDU para dar servicios al sector residencial y 10 MDU para el sector empresarial, además, se incluye un splitter 1:32 y una OLT que se ubicaran en el sitio tecnológico y en el centro telefónico más cercano respectivamente. Para la marcha exitosa del trabajo se utilizaron métodos teóricos. La calidad de la propuesta de comunicación se verificó mediante el cálculo del presupuesto de potencia óptica, donde inciden las pérdidas provocadas por el equipamiento a utilizar. Se concluyó que con esta investigación se logra eliminar la demanda insatisfecha y permite que los clientes en sentido general puedan tener servicios de internet de banda ancha.  Palabras claves: Fibra óptica, sector residencial, sector empresarial, presupuesto de potencia, demanda insatisfecha, centro telefónico, sitio tecnológico   A proposal of communication with passive optic technology in the section “Carlos Manuel de Céspedes” of Bayamo, Cuba: an option of study for the university students Abstract  The objective of the work consisted in designing a communicative proposal in the section “Carlos Manuel de Cespedes”, in Bayamo, Cuba. There were taken 10 enterprises as the field researching as well as 1 061 s houses. It is based in the spread of optic fiber in that section taking as starting point the re-using of the existing access network. This project can be taken as a material fo studying the university student. In the proposal of communication it is glanced the inclution of 9 MDU to give service to the housing sector and 10 MDU for enterprises, it is also included 1:32 splitter and OLT that will be located in the technological place and in the closed telephone center. Fort he successful trend of the work there were used some theoratical methods, the quality of the proposal of communication was verified through the calculus budget of optic power, where the roduced power joint together collapse. It was concluded that with this research it is achieved to eliminated the unccessful demand it permits the overall users could have internet services wide range.  Keywords: optical fiber, housing sector, enterprise sector, power budget, unccessful demand, telephone center, technological place

Introduction

2020 ◽  
pp. 1-20
Author(s):  
Matthew Hersch ◽  
Cassandra Steer
Keyword(s):  
Ethical Issues ◽  
Outer Space ◽  
The United States ◽  
Law School ◽  
International Negotiation ◽  
University Of Pennsylvania ◽  
Use Of Space ◽  
High Level ◽  
Current Concerns ◽  
The University

War and Peace in Outer Space examines the legal, policy, and ethical issues animating current concerns regarding the growing weaponization of outer space and the potential for a space-based conflict in the very near future. A collection of diverse voices rather than the product of a single scholarly mind, it builds upon a conference that was held in Philadelphia in April 2018, hosted by the Center for Ethics and the Rule of Law, at the University of Pennsylvania Law School, and designed by co-editor Cassandra Steer. The conference was an exceptionally high-level invitation-only roundtable for the duration of two days, attended by approximately thirty experts on space warfare from Canada, Europe, and the United States. In addition to calling attention to likely current and future threats to national and global security stemming from the use and misuse of the space environment, attendees suggested measures for ameliorating the risk of conflict in space, including international negotiation, transparency, and reporting on the use of space-based assets, and the establishment of clear rules, backed up by sanction regimes, against hostile actions that threaten the peaceful use of space by all nations.

Implementation of the Law on Responsible Treatment of Animals: from the quality of norms to effective law enforcement

2021 ◽  
Author(s):  
V. Avhadeev ◽  
L. Bitkova ◽  
C. Bogolyubov ◽  
I. Bondarchuk ◽  
A. Vinokurov ◽  
...  
Keyword(s):  
Social Relations ◽  
Animal Rights ◽  
Legal Regulation ◽  
Federal Law ◽  
Law Schools ◽  
Animal Shelters ◽  
State Supervision ◽  
Wide Range ◽  
The Law

The collection contains articles on the quality of the conceptual apparatus and terminology of Federal Law No. 498-FZ of December 27, 2018 "On Responsible Treatment of Animals and on Amendments to Certain Legislative Acts of the Russian Federation", the subject of its legal regulation, the effectiveness of the mechanism for its implementation laid down in the law, state supervision and public control in the field of animal treatment. The problems of organizing the activities of animal shelters without owners, protecting animals from abuse and responsibility for such offenses, directions and ways to improve Federal Law No. 498-FZ and the practice of its application are also highlighted. Attention is paid not only to modern, but also to historical, international and foreign experience of legal regulation of the considered social relations, norms-requirements, restrictions and prohibitions in the field of keeping and using animals, moral and ethical aspects of interaction between people and animals, which emphasizes the complex and interdisciplinary nature of the presented research. The publication is addressed to lawyers-scientists and practitioners, subjects of the law of legislative initiative, employees of state authorities and local self-government bodies directly involved in the application of the norms of Federal Law No. 498-FZ, employees of various organizations engaged in the maintenance, use and protection of animals, animal rights activists, students and postgraduates of law schools, as well as a wide range of readers interested in this issue.

scholarly journals A Study of Nurses’ Perception of Professional Values in the University Hospitals Affiliated with Jahrom University of Medical Sciences, 2015

2018 ◽  
Vol 17 (1) ◽  
pp. 47-51
Author(s):  
Marzieh Kargar Jahromi ◽  
Afifeh Rahmanian Koshkaki ◽  
Farzad Poorgholami ◽  
Malihe Talebizadeh
Keyword(s):  
Ethical Issues ◽  
Code Of Ethics ◽  
Clinical Care ◽  
Medical Science ◽  
Professional Values ◽  
Social Characteristics ◽  
University Hospitals ◽  
Professional Performance ◽  
Wide Range ◽  
The University

Objectives: In order to deal with professional ethical issues successfully, nurses and other providers of clinical care need to rely on professional values that are meant to guide their professional decision-making, actions and behaviors .These values form the basis of nursing. Accordingly, the present study aims to investigate nurses’ perception of professional values in the hospitals affiliated with Jahrom University of Medical Sciences.Method: In this descriptiveanalytical study, 100 nurses employed at the university hospitals of Jahrom were selected through simple convenience sampling. To examine the subjects’ perception of professional values, the researchers used a two-part questionnaire: part one consisted of questions about the personal and social characteristics of the subjects; part two was the Nurses Professional Values Scale-Revised. The latter consists of 26 items based on American Nurses Association Code of Ethics for Nurses and addresses the following areas: caring (9 items), activism (5 items), trust (5 items), professionalism (4 items) and justice (3 items).Answers are scored based on a 5-point Likert scale: the answer choices “Not important” and “Very important” are assigned 1 point and 5 points respectively. The score range is between 26 and 130—higher scores indicate the respondent’s greater familiarity with professional values.Findings: The participants of the study consisted of 99 nurses who were selected from the various parts of the university hospitals of Jahrom. The participants’ mean scores for caring, activism, trust, professionalism, justice and total perception of professional values were found to be 32.15,15.47, 17.37, 13.32,10.66 and 88.98 respectively. The results of the study showed that there was not a significant relationship between the age, gender and marital status of nurses on one hand and their professional values scores on the other (P=0.7).Conclusion: There is need for effective programs to enhance nurses’ awareness of certain of their professional duties and improve their professional performance in a wide range of professional areas alongside their duties as care-givers.Bangladesh Journal of Medical Science Vol.17(1) 2018 p.47-51

The Disastrous First Fund-Raising Campaign in Legal Education: The Harvard Law School Centennial, 1914–1920

2013 ◽  
Vol 12 (4) ◽  
pp. 535-578
Author(s):  
Bruce A. Kimball
Keyword(s):  
World War I ◽  
Legal Education ◽  
The United States ◽  
Fund Raising ◽  
Law School ◽  
Law Students ◽  
New Venture ◽  
Law Schools ◽  
The Law ◽  
The University

Between 1915 and 1925, Harvard University conducted the first national public fund-raising campaign in higher education in the United States. At the same time, Harvard Law School attempted the first such effort in legal education. The law school organized its effort independently, in conjunction with its centennial in 1917. The university campaign succeeded magnificently by all accounts; the law school failed miserably. Though perfectly positioned for this new venture, Harvard Law School raised scarcely a quarter of its goal from merely 2 percent of its alumni. This essay presents the first account of this campaign and argues that its failure was rooted in longstanding cultural and professional objections that many of the school's alumni shared: law students and law schools neither need nor deserve benefactions, and such gifts worsen the overcrowding of the bar. Due to these objections, lethargy, apathy, and pessimism suffused the campaign. These factors weakened the leadership of the alumni association, the dean, and the president, leading to inept management, wasted time, and an unlikely strategy that was pursued ineffectively. All this doomed the campaign, particularly given the tragic interruptions of the dean's suicide and World War I, along with competition from the well-run campaigns for the University and for disaster relief due to the war.

Essays in Honor of Judge John T. Noonan, Jr.: An Introduction

1988 ◽  
Vol 11 (1) ◽  
pp. 143-150
Author(s):  
Bernard J. Cassidy
Keyword(s):  
United States ◽  
Religious Studies ◽  
Law School ◽  
University Of California ◽  
Alma Mater ◽  
Law Schools ◽  
Court Of Appeals ◽  
Legal Studies ◽  
Major Figure ◽  
The University

Judge John T. Noonan, Jr., the honoree of this festschrift, is a major figure in both legal studies and religious studies, and so it is especially fitting that theJournal of Law and Religionpublish these essays in his honor. This essay will serve as an introduction to Noonan's works and to the essays collected herewith.John Noonan's activities in connection with secular law are fairly well known. He has served with distinction as United States Circuit Judge on the Court of Appeals for the Ninth Circuit since 1985. In addition to serving on the bench, he has taught for nearly thirty years at Boalt Hall, the law school at the University of California at Berkeley, and twice been a visiting scholar at the Institute for Advanced Study in Princeton. Earlier he was Professor of Law at the University of Notre Dame Law School, and throughout his career he has served as a visiting professor at other distinguished law schools including Stanford and Harvard, his alma mater.

Measuring the Impact of Legal Periodicals

1976 ◽  
Vol 1 (1) ◽  
pp. 227-249 ◽  
Author(s):  
Olavi Maru
Keyword(s):  
Law School ◽  
University Of Chicago ◽  
Law Schools ◽  
Legal Literature ◽  
Bar Association ◽  
The University ◽  
The Impact

In 1972 all but 11 of the 149 law schools approved by the American Bar Association published law reviews. Some schools published more than one. Harvard Law School and the University of Chicago Law School each produced four. Most state bar associations and some local and specialty associations also publish journals, some of which print scholarly articles. A number of legal periodicals are issued by commercial publishers. The Index to Legal Periodicals, the most prominent access tool to periodical legal literature, indexed 285 American legal periodicals and serials in 1972.

Bioethical Issues in Antarctica

2020 ◽  
Vol 30 (1) ◽  
pp. 136-145
Author(s):  
KENNETH V. ISERSON
Keyword(s):  
Ethical Issues ◽  
Healthcare Providers ◽  
Equipment And Supplies ◽  
Standard Procedures ◽  
Wide Range ◽  
Standard Manner ◽  
Bioethical Issues ◽  
Healthcare Situation ◽  
The Antarctic

AbstractThis paper describes the Antarctic environment, the mission and work setting at the U.S. research stations, the general population and living conditions, and the healthcare situation. It also dispels some common misconceptions that persist about this environment and about the scope and quality of medicine practiced there. The paper then describes specific ethical issues that arise in this environment, incorporating examples drawn from both the author’s experiences and those of his colleagues. The ethics of providing healthcare in resource-poor environments implies two related questions. The first is: What can we do with the available resources? This suggests that clinicians must not only know how to use all available equipment and supplies in the standard manner, but also that they must be willing and able to go beyond standard procedures and improvise, when necessary. The second question is: Of all the things we can do, which ones should we do? This paper addresses both questions in relation to Antarctic medical care. It describes the wide range of activities required of healthcare providers and some specific ethical issues that arise. Finally, it suggests some remedies to ameliorate some of those issues.

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