{"title":"A Cross-Cultural Initiative in University Second Year Accounting","authors":"R. Baskerville","doi":"10.2139/SSRN.2527631","DOIUrl":"https://doi.org/10.2139/SSRN.2527631","url":null,"abstract":"A cross-cultural initiative was undertaken in a second year accounting course, in order to help students understand more about NZ biculturalism, and matters which are important to Maori communities. The mechanism was to deliver to a second year accounting class of financial reporting (ACCY 231) at Victoria University in Wellington in both Trimester one and two 2013 what were called ‘cultural snapshots’ into lecture time. These were continued in Trimester 1 2014. These were a mid-lecture, and each took about three or four minutes. Dr. Noor Houqe (the other lecturer in ACCY 231) and I were quite enthusiastic about this and both participated. We had hoped that the students would find the break in the lecture, diverting their attention to other ways of thinking, and how beliefs and values temper our behaviours would also increase their engagement. A sample of fourteen of these snapshots are provided; the narrative to each slide is built up slowly to make the point. In an anonymous survey after each trimester teaching, students were asked: Did you find the cultural snapshots helped you gain an appreciation of cultural values other than your own ethnicity? 55% said yes, 15% maybe, 13% ‘not really’, and 17% ‘no’. Some typical answers are provided in this report.As we strive to engage the interest of students in large lecture halls, it is a challenge to a teacher to ask them to think about how meanings are constructed and built in our histories and beliefs. Some students are clearly open to such initiatives, others might not be so open. Cultural sensitivity may be learned, in part, and students have a greater or lesser innate capacity to develop what is now termed cultural intelligence (CQ). It is important to inspire and encourage the best students; they will benefit from such interventions in any variety of media as chosen by their teachers.","PeriodicalId":416511,"journal":{"name":"EduRN: Legal Scholarship Education (LSN) (Topic)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132441082","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":"Framing Supervisory Relationships in Clinical Law: The Role of Critical Pedagogy","authors":"Gemma E. Smyth, Marion Overholt","doi":"10.60082/0829-3929.1190","DOIUrl":"https://doi.org/10.60082/0829-3929.1190","url":null,"abstract":"English Abstract: Clinical work in law offers important opportunities for students to learn critical, reflective and politicized approaches to legal identity and practice. Such an approach is most meaningful when it is engaged by supervising lawyers and social workers in a clinical placement. The authors of this article, the Academic Clinic Director and Executive Director of two Windsor-based clinic programs, offer context, perspective and examples of how critical pedagogy (influenced by, but distinct from, critical legal studies) provides a roadmap for supervising lawyers and the programs in which they work. The paper briefly sets the context of the authors' teaching and practice. The authors then set out some of the interested parties in clinical legal education, including law schools, communities, students and clients. The paper concludes with ideas on how a clinical program might set out to strengthen critical pedagogy in the supervisory relationship. French Abstract: Le travail clinique en droit offre d’importantes opportunites pour les d’etudiants d’apprendre d’une maniere critique, reflechie et politisee la place du droit et la pratique. Une telle approche a encore plus de sens lorsqu’elle comprend une supervision par des avocats et des travailleurs sociaux au sein de la clinique. Les auteures de cet article sont Directrice academique et Directrice executive de deux cliniques juridiques de Windsor. Ces programmes academiques offrent un contexte, une perspective et des opportunites de comprendre comment la pedagogie critique (influencee par, mais distincte des etudes critiques en droit) fournit des outils pour les avocats superviseurs de programmes similaires a ceux dans lesquelles elles evoluent. L’article resume brievement le contexte dans lequel les auteures enseignent et pratiquent. Par la suite, elles expliquent qui sont les acteurs dans les programmes cliniques comme les facultes de droit, les communautes, les etudiants et les clients. L’article se termine en concluant sur la maniere dont les programmes cliniques peuvent renforcir la pedagogie critique dans une relation de supervision.","PeriodicalId":416511,"journal":{"name":"EduRN: Legal Scholarship Education (LSN) (Topic)","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131520682","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":"Using Lawyer Jokes to Teach Business Ethics: A Course Module","authors":"James A. Lynch, Hershey H. Friedman","doi":"10.2139/SSRN.2302910","DOIUrl":"https://doi.org/10.2139/SSRN.2302910","url":null,"abstract":"Most of us will agree that the legal profession gets little respect in the United States. There are scores of websites dedicated to lawyer jokes and almost all the humor is negative. Indeed, the humor is not only negative but is often is filled with hate and anger towards attorneys. In many of the jokes, it is clear that the only good lawyer is one who is dead. For example, try this joke with any other profession and it does not work. “What do you call 5000 dead________ at the bottom of the ocean? A good start!” It only works with lawyers. Why are lawyers so hated? One doubts that there is any other profession that has resulted in so many vicious jokes. This paper discusses how lawyer jokes can be used to teach the importance of ethics. Scores of lawyer jokes are provided for educators who teach business law or ethics to use in the classroom.","PeriodicalId":416511,"journal":{"name":"EduRN: Legal Scholarship Education (LSN) (Topic)","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125711848","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":"Double Dutch: Teaching Business Associations in Two Semesters","authors":"Christyne J. Vachon","doi":"10.2139/SSRN.2133536","DOIUrl":"https://doi.org/10.2139/SSRN.2133536","url":null,"abstract":"This essay provides insight into how teaching business associations in two semesters, Business Associations I and II, may be used as a tool in the new economic order. Business Associations II allows for the professor and students to explore doctrine and practice for which one semester would not provide adequate time.","PeriodicalId":416511,"journal":{"name":"EduRN: Legal Scholarship Education (LSN) (Topic)","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131029905","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":"Structured Investment Vehicle (SIV) Litigation Questions","authors":"Rupert Macey-Dare","doi":"10.2139/SSRN.1587602","DOIUrl":"https://doi.org/10.2139/SSRN.1587602","url":null,"abstract":"Structured Investment Vehicles or SIVs are highly complex derivative-related vehicles and products, typically involving offshore “bankruptcy-remote” special purpose companies and trusts, complex rules for the management of portfolios of derivative assets and additional rules for the distribution of funds between different investors and classes of investors. This paper illustrates the challenges and complexity of the bespoke drafting involved in SIVs and the type of litigation that could ensue, by considering a number of sections from key Structured Investment Vehicle contracts and questions recently considered before the English courts. Some student test problems and drafting exercises are also included in the paper.","PeriodicalId":416511,"journal":{"name":"EduRN: Legal Scholarship Education (LSN) (Topic)","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124731213","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":"Understanding, Detecting, and Reporting Criminal Antitrust Violations: Case Demonstration","authors":"T. Cross, John Terzaken","doi":"10.2139/ssrn.1282883","DOIUrl":"https://doi.org/10.2139/ssrn.1282883","url":null,"abstract":"This minicase provides examples of bid rigging and shows how it can be recognized. It accompanies \"A Note on Understanding, Detecting, and Reporting Criminal Antitrust Violations\" (UVA-OM-1174).","PeriodicalId":416511,"journal":{"name":"EduRN: Legal Scholarship Education (LSN) (Topic)","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126777183","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":"Introduction to Mexico's Legal System","authors":"J. A. Vargas","doi":"10.2139/SSRN.1085000","DOIUrl":"https://doi.org/10.2139/SSRN.1085000","url":null,"abstract":"The presence of Mexican law - as the applicable foreign law - continues to grow considerably in American courts. This phenomenon is significant in California and the southwestern states, as well as in Illinois, New York and Washington, D.C. It is unquestionable that deciding cases based on Mexican law poses a challenge especially to judges but also to legal practitioners. As a result of this increasing trend, special attention is being given by American law schools to include in their curricula general courses on Mexican law or specialized seminars addressing specific areas of Mexican law such as contracts, torts or enforcement of judgments (some of them taught in Spanish). This descriptive article provides the most complete and current introduction to Mexico's legal system. The article is divided into six parts: Part One informs about Mexico as a country and then discusses Mexico's three federal powers: the legislative, the executive and the judicial. Part Two offers a thorough explanation of the Sources of the Law in that country, from the Federal Constitution of 1917, to statutes and codes, and others, including the role of Jurisprudencia. Part Three describes the federal and state court systems. The Americanization of Mexican law and the intriguing and sui generis Amparo are discussed in Parts Four and Five, respectively. Part Six is a most practical addition: it consists of a current list (in the Spanish language) of the Best Mexican Law Web Sites available in the Internet, sponsored by that country's federal government and by its 32 federal legal entities, providing free and easy access to some five hundred federal statutes and regulations, including all of the Mexican federal codes, as well as all of the state codes and state legislation. Indeed, this wealth of legal statutes, codes, regulations and international treaties and conventions constitute, in the opinion of this author, the best Mexican law library in the world.","PeriodicalId":416511,"journal":{"name":"EduRN: Legal Scholarship Education (LSN) (Topic)","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127416839","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":"U.S. Copyright Law: English - Chinese Cases and Materials","authors":"G. W. Conk, Wang Qian","doi":"10.2139/SSRN.888190","DOIUrl":"https://doi.org/10.2139/SSRN.888190","url":null,"abstract":"These bilingual teaching materials were developed for the segment on U.S. copyright law of Prof. Wang's graduate copyright class at the School of Intellectual Property, East China University of Politics & Law, Shanghai in spring 2005. The materials also proved helpful for lectures at ECUPL's suburban campus in Song Jian, and at the suburban campus of Southwest University of Politics & Law, Chongqing. All materials were presented in English and in Chinese translation, alternating paragraphs, rather than facing pages in order to improve classroom display screen by screen. Statutory provisions were presented in English-Chinese-pinyin format. Our mini-course on U.S. copyright law followed a conventional structure: constitutional foundations and U.S. Code excerpts (definitions, subject matter of copyright, U.S. Government works, exclusive rights, authorial rights of attribution and integrity, fair use, ownership, transfer, duration, infringement, and remedies), principles exemplified by classic cases. Our case selection focused on the idea-expression dichotomy, the creative expression requirement, and fair use. We wanted to convey the utilitarian rationale of U.S. copyright law, and constitutional limits on author's rights. We sought to distinguish the U.S. approach from the European view founded on an author's natural rights. Our objectives led us to use Baker v. Selden, Feist v. Rural Telephone, Sony v. Universal City Studios, and Campbell v. Acuff-Rose. MGM v. Grokster, recently argued and decision pending, lent topicality to the Sony Betamax case. Campbell v. Acuff-Rose gave us both a concrete example of the constitutional limits on exclusive rights and a vehicle to highlight the creative expression requirement. Both Roy Orbison's Pretty Woman (well-known in China), and 2 Live Crew's rap parody were available in MP3 format. That enabled us to play the songs while displaying bilingual versions of the lyrics, as we analyzed the concepts of fair use and creative expression by the parodists. (An image of 'Cousin It' helped illustrate the gap between the rap version and the Big O?'s syrupy ballad - linked in Chinese minds to Julia Roberts.) The Chinese-pinyin-English version of the selections from Title 17 of the U.S. Code (and similar presentation of some key phrases in the cases) helped make Professor Conk's lectures more accessible to the students. The pinyin helped to ameliorate his weak character recognition skills, and the Hanzi version helped listeners overcome his American accent and his erratic tones. Our bilingual teaching method thus began with visually-aided presentations by Professor Conk, whose English was interspersed with Chinese phrases, and illustrated by both the English and the Chinese text of the material under discussion. Professor Wang thus was able to follow with explication and commentary, rather than literal translation or paraphrase.","PeriodicalId":416511,"journal":{"name":"EduRN: Legal Scholarship Education (LSN) (Topic)","volume":"131 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130439505","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":"Employee Raiding: A Teaching Case on Claims and Remedies","authors":"W. Davis","doi":"10.2139/ssrn.3557476","DOIUrl":"https://doi.org/10.2139/ssrn.3557476","url":null,"abstract":"Employee raiding scenarios provide a unique opportunity for students examine the intersection of business strategy and the law. This article provides a high-energy teaching case study and teaching note that places students in the role of business decision-makers facing the unforeseen and abrupt departure of three key employees to a competitor. Students are provided primary materials (memos, social media posts, contract terms, and correspondence from customers) containing a limited set of information that strongly implies the departing employees are trying to leverage their former employer’s working relationships and confidential information to help their new employer gain a competitive advantage in the market. This project forces students to grapple with business strategy and legal issues relating to fiduciary duties (duty of loyalty and duty of confidentiality), statutory trade secret claims, breach of non-competition contracts, and claims for tortious interference of business relationships.","PeriodicalId":416511,"journal":{"name":"EduRN: Legal Scholarship Education (LSN) (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123700429","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":"Geschlechts- und Herkunftseffekte bei der Benotung juristischer Staatsprüfungen (The Effects of Gender and Migration on State Exam Grades in Law)","authors":"E. V. Towfigh, Christian Traxler, A. Glöckner","doi":"10.5771/2196-7261-2018-2-115","DOIUrl":"https://doi.org/10.5771/2196-7261-2018-2-115","url":null,"abstract":"<b>German Abstract:</b> Geschlechts- und Herkunftseffekte bei der Benotung juristischer Staatsprüfungen sind bisher nur unzureichend empirisch erforscht. Unter Nutzung der anonymisierten Daten aller elektronisch erfassten Noten der zweiten juristischen Staatprüfung der Jahre 2006-2016 des Landes Nordrhein-Westfalen, die fast 20.000 Personen umfassen, wurde nachvollzogen, ob sich entsprechende Effekte bei der Benotung empirisch nachweisen lassen. Die Studie kommt zum Ergebnis, dass Frauen im juristischen Staatsexamen tatsächlich schlechter benotet werden als Männer. Schlechtere Noten erhalten auch Personen mit Migrationshintergrund. Besonders deutlich sind diese Effekte an der Schwelle zum Prädikatsnotenbereich. Um dieser Situation abzuhelfen, spielt vor allem die Zusammensetzung der Prüfungskommissionen eine wichtige Rolle.<br><br><b>English Abstract:</b> The empirical research on the effects of gender and origin in grading of state exams in law in Germany has so far been insufficient. Using anonymized data of all grades of the second state exam in the state of North Rhine-Westphalia from 2006-2016 (about 20,000 individuals) we investigated whether gender or origin of a candidate lead to a quantitatively relevant difference in grades. The study finds that women’s grades are in fact worse than men’s. Candidates with a “migration background” also receive worse overall grades. These effects are particularly evident when it comes to achieving grade “hurdles”, especially for passing with distinction. To remediate this situation, the composition of the examination board plays an important role.<br>","PeriodicalId":416511,"journal":{"name":"EduRN: Legal Scholarship Education (LSN) (Topic)","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114901892","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}
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