Legal Education eJournal最新文献

{"title":"Clinical Legal Education in a Dangerous Time","authors":"Sarah M. Buhler","doi":"10.19164/IJCLE.V23I5.564","DOIUrl":"https://doi.org/10.19164/IJCLE.V23I5.564","url":null,"abstract":"The theme of this conference is the “risks and rewards of clinical legal education”.   When I first heard about this theme, I was particularly struck by the word “risk”.   Risk is a word that feels so reflective of our world right now, and I thought I would try to think about where clinical legal education is situated in the larger world of risk and crisis that we inhabit today – what our role is in relation to this world and what the rewards of clinical legal education in our world of risk and endless crisis might be.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125320284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Valoracion de una expropiacion: YPF y Repsol en Argentina (Valuation of an Expropriated Company: The Case of YPF and Repsol in Argentina)","authors":"Pablo Fernández","doi":"10.2139/SSRN.2183603","DOIUrl":"https://doi.org/10.2139/SSRN.2183603","url":null,"abstract":"The English version of this paper can be found at http://ssrn.com/abstract=2176728 Spanish Abstract: El 16 de abril de 2012, el Gobierno Argentino expropio a Repsol un 51% de las acciones de YPF que eran de su propiedad. Repsol tenia el 57,4% de las acciones de YPF. Un tribunal determinara la compensacion que Repsol debe recibir por sus acciones de YPF expropiadas. El lector debe ayudar al tribunal: ?cuantos dolares deberia pagar el gobierno argentino a Repsol por la expropiacion? El caso proporciona informacion y datos para responder a esta pregunta: precio en bolsa de YPF, precios objetivo de varios analistas, estatutos de YPF sobre el precio a pagar, transacciones anteriores de acciones de YPF... English Abstract: On April 16, 2012 the Argentine Federal Government decreed the intervention of YPF and expropriated of 51% of the YPF shares owned by Repsol. Repsol had a 57.4% stake. A tribunal will determine the compensation Repsol will receive for its YPF shares. You are required to help the tribunal. What is your best estimation of the compensation that Repsol should receive for its expropriated 51% of YPF shares? The case provides you with information and data to answer that question: transactions of YPF shares, analyst valuations of YPF, share price in the NYSE.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123645655","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Making the Best of a Bad Beginning: Young New York Lawyers Confronting the Great Recession","authors":"Atinuke O. Adediran, J. Hagan, Patricia Parker, Gabriele Plickert","doi":"10.2139/SSRN.2747419","DOIUrl":"https://doi.org/10.2139/SSRN.2747419","url":null,"abstract":"In this article, we utilize both quantitative and qualitative methodologies to examine the impact of the 2007-2009 recession on lawyers that were admitted to the New York State bar in 2008. This research examines the experiences of lawyers from a wide range of practice settings: large law firms; midsize firms; in-house corporate counsel; federal, state and local government and public interest organizations. This variation allowed us to capture differences in experiences. We found that overwhelmingly, the recession created financial and career insecurity for most lawyers in all of the practice settings, albeit in different ways. Particularly, while some large law firm lawyers experienced layoffs and deferrals, government lawyers experienced budget cuts that impacted their practice, and some public interest lawyers could not launch their careers altogether. In addition, the new lawyers in this study challenged the belief that a law degree is flexible and broadly applicable beyond conventional law settings. Further, in addition to feelings of job and income insecurity, lawyers who were admitted to the New York State bar during the financial crisis reported experiencing variable health consequences, including concerns about weight gain, depression and alcohol dependence. In addition, young lawyers working in law firms reported that their health was poorer than lawyers working in other settings, while young lawyers who indicated that they had chosen alternative professional career paths reported comparatively better health.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128070761","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Taking Comparative Administrative Law (Almost) Seriously? Comparative Administrative Law in French & Belgium Legal Education","authors":"R. Bousta, Yseult Marique","doi":"10.2139/ssrn.2711289","DOIUrl":"https://doi.org/10.2139/ssrn.2711289","url":null,"abstract":"In a world where states increasingly cooperate on a range of pressing issues (eg immigration, cybercrime, international corruption, etc.) relying heavily on administrative cooperation, comparative administrative law becomes crucial for lawyers to analyse, assess or challenge administrative processes and principles underpinning this international cooperation between states. Equally, lawyers are increasingly mobile, changing jobs and countries over the course of their career. These combined evolutions should encourage to revisit how legal education provide young lawyers with tools to facilitate their critical skills and their mental flexibility, to facilitate their moving around other legal systems or their use of other legal systems in their daily work. Administrative law is a legal field usually famous for its close links with specific historic features of domestic legal systems however. This paper shows that comparative administrative law remains very much an untapped resource to provide these skills. It maps how Belgian and French legal education includes modules entitled “comparative administrative law” in the academic curriculum. Although such formal modules are few, this survey highlights the diversity of ways in which students are encouraged to become more familiar with foreign legal systems and in which legal practice is starting to value the contribution of comparative law.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121540971","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Academic Clinics: Benefitting Students, Taxpayers, and the Tax System","authors":"Leslie M. Book","doi":"10.2139/SSRN.2595232","DOIUrl":"https://doi.org/10.2139/SSRN.2595232","url":null,"abstract":"This brief article discusses academic tax clinics. The article is part of a project commemorating the 75th anniversary of the American Bar Association Section of Taxation’s role in public service. The Tax Section has been a staunch supporter of tax clinics and has nurtured clinicians and clinics since the beginning of tax clinics in the late 1960s and 1970s. In this Article, I will discuss my personal connection to the Tax Section and tax clinics, briefly review the current state of academic tax clinics, and offer some suggestions for the future, including how the Tax Section can continue its leadership role with tax clinics generally and academic tax clinics specifically.In the article, I discuss the immediate and well-known benefits of academic tax clinics. In addition to helping clients, they serve a key educational role for students. As a vehicle for teaching important lawyering skills such as interviewing, counseling, and advocacy, the academic clinics help train students to perform as competent and ethical lawyers. Probably of even greater importance though is that for many students experience in a tax clinic is the first exposure to the power that legal representation can bring for those with fewer resources. It opens their eyes to the power of a law degree to do good, a goal that many entering law students hope to attain but that sometimes gets lost in the mess of exams, debt, and job pressures. The article notes the pressures on the academy in the face of declining student enrollments and a renewed emphasis on cutting law school operating budgets. While the Tax Section cannot offset the systemic changes influencing legal education, the Tax Section and its efforts can continue to support academic clinics and clinicians through reminding the academy and policymakers alike about the value that academic tax clinics have for both the tax system generally and students who are fortunate enough to participate in those programs.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"139 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124365098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Anatomy of Legal Recruitment in India: Tracing the Tracks of Globalization","authors":"Jonathan Gingerich, Vikramaditya S. Khanna, Aditya Singh","doi":"10.1017/9781316585207.017","DOIUrl":"https://doi.org/10.1017/9781316585207.017","url":null,"abstract":"Globalization is changing the Indian legal profession through, among other things, its effects on the corporate legal sector and legal education. Although these changes have generated considerable discussion, relatively little is known about one of the critical channels through which they are occurring – the legal recruitment process in India. Understanding recruitment is important not only because it influences the membership of the profession, but also because it serves as a bridge between the profession and legal education. In this paper we explore this topic through a detailed description and analysis of recruitment in the corporate legal sector in India as well as through a series of detailed interviews of those involved in it.We find that recruitment processes at the elite law schools in India have changed substantially over the last 20 years. Prior to liberalization in 1991 most recruitment was rather ad hoc and geared to obtaining positions in litigation. After 1991 the recruitment process began to change to accommodate increasing demand from the corporate legal sector, which grew rapidly as the Indian economy increasingly interacted with global forces. This led to the current model where recruitment is largely organized through reliance on student run recruitment coordination committees (RCCs), which play important intermediation and facilitation roles for students and corporate legal employers. We explore the formation, structure, norms and functioning of RCCs in greater depth along with the question of why this recruitment structure may have developed in the 1990s in India.However, recruitment processes in India have continued to adapt so that now there appears to be an emerging and somewhat more mixed recruitment model where corporate legal sector employers rely on student-facilitated processes, but also appear to be making greater use of internships, professional recruitment services, and in-service training. This, we argue, is associated with changes wrought by India’s increasing interaction with globalization over the last few years. Our analysis thus provides insights into India’s recruitment processes, how they have changed over time, the role of globalization in them, and the impact of (and on) the corporate legal sector and legal education in India.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"10 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120899494","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Predictability of Bar Exam Outcomes: A Logistic Regression Analysis","authors":"A. Tamayo, Mervin G. Gascon","doi":"10.2139/ssrn.2504986","DOIUrl":"https://doi.org/10.2139/ssrn.2504986","url":null,"abstract":"The paper determined the relationship of the Law Aptitude Score (LAS), Mock bar score and the General Weighted Average (GWA) to determine probability of passing the bar exams. The study covered the period 2009-2011. The study revealed that LAS and mock bar score do not have statistical influence in passing the bar examination while the GPA bear strong significance on the probability of passing. However, this study finds significant causal importance of LAS and GPA, that is, LAS would determine the kind of students joining the law school while the GPA determines the readiness of the graduates to pass the bar. Probability estimation to pass the bar employing the personal attributes revealed a 10.61% success rate, while 89.39% was attributable to the institution.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131120482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"‘Working Collaboratively, Holistically and Strategically in and with Community – The Power of Community Development in Legal Education’ (Presentation Slides)","authors":"L. Curran","doi":"10.2139/ssrn.2788477","DOIUrl":"https://doi.org/10.2139/ssrn.2788477","url":null,"abstract":"“You never really understand a person until you consider things from his point of view…Until you climb inside of his skin and walk around in it” Atticus Finch, To Kill a Mockingbird, Harper Lee.I have been asked to answer the following questions today:1. What is Community Development2. What it means in terms of approach3. To provide examples of when I have used it in my work4. To distill any examples of how it is done5. To discuss how to evaluate its impact and worth and6. To examine why it might be a core service of CLCs.7. Dome key challenges in terms of funding and funders.Now in Australia we have the empirical data that had been lacking to support anecdotally what had been observed by some service providers over many years. These empirical studies not only demonstrated that similar issues arise in Australia for people who are the recipients of legal assistance services (largely people on social support or with incomes of under $26,000K) but that inroads could be made by joined- up services both legal and non-legal, holistic approaches, community legal education that reaches out and is targeted and responsive to community needs and behaviour. The studies confirmed that the direction of many legal assistance services to work collaboratively, holistically and strategically to assist people, to educate them and to work towards law reform to ensure that recurring problems are all critical if access to the legal system and equality before the law are to be attained.CLCs have a vital role as community agencies along with others to enable community members to have and find a voice.“If funders and the community want the legal assistance sector to make a difference in solving people’s problems and advancing and protecting community rights then they must recognize the need to approach problems strategically and use various approaches to obtain results. To achieve this, organizations must be given a level of autonomy that frees them up to use their skills, experience and knowledge of the system as well as the client's actual circumstances to decide the best strategy.”","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134129739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Education in the Corporate University","authors":"M. Thornton","doi":"10.1146/ANNUREV-LAWSOCSCI-110413-030714","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-110413-030714","url":null,"abstract":"State disinvestment in higher education has been a notable characteristic of neoliberalism all over the world, and the corporatization of universities has been the typical response. It has led to a proliferation of law schools with students paying high fees. Corporatization has also engendered a culture of relentless competition between universities, which manifests itself in league tables and rankings. The pursuit of prestige has compelled law schools to prioritize research over teaching, which poses a dilemma for what is taught and how it is taught. The contradictions of the corporatization thesis are graphically illustrated by the experiences of Australia, which might be described as the canary in the mine shaft. Although corporatization plays out differently in decentralized regimes with a substantial private sector, such as the United States, its impact on the legal academy in those places has been similarly profound. It is apparent that the dilemmas posed by corporatization for the legal academy req...","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126999160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Indigenisation of Curricula: Current Teaching Practices in Law","authors":"A. Maguire, T. Young","doi":"10.2139/SSRN.2401450","DOIUrl":"https://doi.org/10.2139/SSRN.2401450","url":null,"abstract":"In the context of legal education, the Indigenisation of the curriculum is essential in signalling to students that Indigenous-related content and perspectives are important in learning about the law. By integrating Indigenous material throughout the law curriculum, academics can shift the expectations of students and teachers regarding the intellectual boundaries of their fields of study, and challenge them to critique the relationship between the Australian legal system and Indigenous people. These actions can promote curricular justice for Indigenous students, and meet the wider responsibility of educating all students for equity, social justice and anti-racism. In this article, literature pertaining to the Indigenisation of curricula is reviewed. We consider the need to take a whole-of-curriculum approach to the treatment of Indigenous issues, and we examine the value of introducing Indigenous perspectives to unsettle assumptions embedded in the teaching of Anglo-Australian law. The literature review documents current research on the Indigenisation of tertiary curricula, particularly in law. Our analysis focuses on four areas; Indigenous issues, Indigenous perspectives, Indigenous law and Indigenous law students. Following this review, we present the findings of our exploratory study, which investigated the extent to which Indigenous-related content and perspectives are currently incorporated into the Newcastle Law School curriculum. Our study involved interviews with teaching staff, who reflected on the degree to which they deal with Indigenous issues, and the teaching methods used to convey Indigenous-related content. The findings raise some qualitative questions regarding the Indigenisation of curricula. These questions allow us to reflect on our responsibilities as teachers of Indigenous-related material, including the scope we have to make distinctive contributions to the Indigenisation of curricula and the ways by which we can enhance our capacities. As gatekeepers for student learning, we represent the Indigenisation of curricula as a key means of broadening the scope of student enquiry, and reinforcing the centrality of justice in teaching and learning about the law.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126058588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}