Career In Law Research Articles

Thomas Sharp’s Warsaw Signal: Crafting an Anti-Mormon Rhetoric Prior to the Murder of Joseph Smith Jr.

ABSTRACT Thomas C. Sharp, editor of the Warsaw (IL) Signal from 1841–1844, was a prolific writer with a varied career in newspapers, law, and politics. His identity became intertwined with the Mormon prophet Joseph Smith Jr. in Nauvoo, Illinois. Sharp used the Signal to “stand in opposition to the encroachments of the fanatical band” and rally readers to exterminate Smith and the Mormons. In nine issues immediately preceding the June 1844 murder of Smith, Sharp isolated, concentrated, and repeated irreconcilable actions imputed to Smith to incite the assassination. The rhetorical strategy of vilification is used to illuminate how Sharp’s rhetoric—some 33,000 words in seventy-one articles on the Mormons—enraged citizens through characterizations of intentions, actions, purposes, and identities. Sharp’s inflammatory printing and formidable editorial influence is an example of the power of the nineteenth-century press. The findings serve as a warning to media consumers of the potent cogency of media manipulators and conspiracists.

Why Law? Examining the Factors that Influence the Decision to Undertake a Law Degree

Existing research is largely silent on determining what factors influence individuals to undertake a law degree. Are they deeply intrinsic drivers like ‘self-efficacy’ or ‘self-confidence’, and how might extrinsic influences, such as family, teachers, or friends’ impact on those drivers? To address these questions, data were attained from 378 commencing students enrolled across three Australian law schools. Results indicate students with higher levels of self-efficacy and self-confidence are more likely to be satisfied with their decision to study law and pursue a law career. The influence of ‘teachers’ on a student’s ‘satisfaction with their choice’ was only significant for students who were also influenced by their ‘family’ – the more support from teachers and family members increased a student’s level of satisfaction. Friends only influenced a students’ intention to pursue a career in law, but not their satisfaction with their choice to pursue a law degree. This is the first study to determine the intrinsic motivations that impact a student’s choice to undertake a law degree and what extrinsic factors influence that choice.

Managing expression and hand holding in The Good Wife: how ‘leaning in’ demands emotional labour

The Good Wife takes a seemingly feminist approach to the well-known media narrative of the disgraced politician and his stoic forgiving wife. The CBS series is widely understood as embodying neoliberal feminism akin to that of Sheryl Sandberg's Lean In: Women, Work, and the Will to Lead. While The Good Wife predates the publication of Lean In, its protagonist Alicia Florrick (Julianna Margulies) is a proto-Sandberg who thrives in a cut-throat corporate environment thanks to her capacity to bring the skills she cultivated as a mother and political wife into her restarted law career. Alicia's corporate success is enabled by her defence of her husband's actions in the media, capacity to emotionally manipulate colleagues and clients, influence over jury members and witnesses and the suppression of her feelings for the benefit of her employers, clients and family. This article argues that The Good Wife makes apparent the centrality of emotional labour to neoliberal feminism, whereby traditionally feminised ‘soft’ skills like care work, emotion management, negotiation, relationship building and persuasion are put to work for capitalist success . In The Good Wife, ‘managing expression’ and ‘hand holding’ are key to Alicia's corporate success, highlighting how under neoliberal feminism, emotion is both labour and liability.

Enseñanza y aprendizaje por competencias en la carrera de Abogacía de la Universidad Católica de Salta

This work reflects the result of the first stage of the research project “Teaching and learning by competencies in the Law career of the Catholic University of Salta (UCASAL)”. The general objective of the research is to investigate whether the competencies defined by the UCA-SAL`s educational model are reflected explicitly and/or implicitly in the degree programs in face-to-face and distance modalities. To do this, all the programs of the different subjects in both modalities were analyzed through documentary observation by category.A quantitative analysis of the data was carried out which showed that there is little explicit reference to the term competencies from a pedagogical per-spective and a disparate presence of the generic competencies established by the University both between the subjects and between the years of com-pletion of the degree. Implicitly, a greater number of these competencies have been identified, although a great dispersion is observed in terms of their typology and their recurrence. The differences in the in-person and distance modalities are not significant and, in general, the same pattern can be observed, however, there are important variations in their devel-opment by year and by program elements.

Academic procrastination in students at a private university in the Peruvian Amazon: A cross-sectional study

Introduction: Procrastination is considered a fairly recurring behavior since ancient times, as people tend to postpone activities that are considered complex, not very motivating, stressful or that do not generate interest. Objective: To analyze academic procrastination in students from a private university in the Peruvian Amazon. Methods: The approach was quantitative, the design was non-experimental, and the type was descriptive and transactional. Academic procrastination was evaluated in 275 students of the Administration, Accounting, and Law careers by applying the Academic Procrastination Scale, an instrument with adequate psychometric properties.

Access and Emergence: A Case Study of a Working-Class Journey into Studying Medicine

Abstract Analysis of data on school leavers in Scotland points towards considerable inequality in access to higher education. This is highlighted in terms of participation in higher education by young people from lower-income households or identifying as first in their families to consider going to university. The situation is more acute in terms of access to the most competitive courses leading to careers in medicine, veterinary medicine, dentistry and law. This paper draws on data from an ongoing research and development project in the area of mentoring to present a case study of a young woman progressing an application to study medicine. Drawing on the concept of Academic Capital Formation it illuminates the ways in which institutional practices advance or impede access to higher education and particularly, to those courses which facilitate entry into high status professional occupations. The findings in this research problematise current thinking about how to widen participation in higher education and the most competitive professions.

Playing it Safe in the Classroom: How Avoiding Controversy Norms the White Conservative Experience

Controversial as it may be, I entered education through Teach for America (TFA), an organization that purports to place new teachers in regions that struggle with literacy, retention, and poverty. There are many very harsh and warranted criticisms of the program, particularly related to their perpetuation of a white-savior mentality and the appeal to ambitious graduates looking to boost their resumes with a bit of social justice work before moving on to prestigious careers in public policy, politics, and law. I begin here not because I want to shape perspectives on TFA, but to contextualize how TFA has shaped me and, more specifically, my approach to curricula. I applied to the program several years after leaving university, motivated both by my passion for education and by my desire to help dismantle systemic oppression in America. I wanted to work for and with students who were disenfranchised, silenced, and otherwise ignored, but let’s be clear: I did not want to save my students; I wanted to celebrate them.

The Lure of the Law for the Formerly Convicted: Pursuing the Legal Profession as a Resistance Strategy

Despite prior negative experiences with the law and licensure barriers, individuals with conviction histories are increasingly seeking entry into the legal profession. To understand their unique educational journeys from a joint stigma and legal consciousness perspective, we conducted in-depth interviews with prospective, current, and former law students with criminal convictions. Findings reveal that early disadvantage and subsequent system involvement provided them with valuable insights into their place in the carceral system. This realization prompted empathy for similarly situated others, a desire to pursue social justice reform, and the deliberate choice to access the power of law to that end. Thus, rather than averting people from the profession, a conviction history can serve as a driving force for pursuing a career in law.

Reviewers of “The Edinburgh Review” in the First Third of the 19th Century: Touches to a Collective Portrait

In 1802, the first issue of the literary and critical magazine “The Edinburgh Review” was published. Detailed anonymous reviews quickly gained popularity among the reading public and provoked the appearance of similar reviews. At the same time, statesmen, scientists, writers and publicists were behind the publications. The founders of the new magazine were young Edinburgh lawyers F. Jeffrey, F. Horner, H. Brougham and the Anglican priest S. Smith. Most of the reviewers were Scots who studied at local universities, where their teachers were often prominent representatives of the Scottish Enlightenment. They attended scientific societies and clubs, sympathized with the Whigs, and pursued careers in law, politics, universities, and literature. Many were well acquainted with representatives of the political establishment, and some, like S. Smith, even had family ties with them. The reviewers were united by the bonds of long-term friendship, often common views on socio-political processes, as well as participation in various joint ventures in addition to book criticism. Although this did not cancel out possible disagreements, which, however, did not make the critics sworn enemies. These circumstances make it possible to see in the group of authors a kind of community, which is based on similar ideas and numerous social connections, in addition to the formal writing of reviews. The common features in the biographies of the founders of the review and its authors allow us to take a broader look at the social, political and cultural processes in Great Britain at the end of the 18th — first third of the 19th centuries.

Doctrine, experiential learning, and client‐centered lawyering: Teaching family law in a post‐pandemic world

The restrictions of pandemic teaching served as a catalyst for the authors' integration of the skills-based and client-centered teaching. Their refurbished models of teaching family law aspire to capture the needs of under- and un-represented populations of society, build students' lawyering skills including “soft” skills like client interviewing, contemplate what a satisfying career in family law could look like, and deliver instruction on the theoretical underpinnings of the law governing the creation and dissolution of familial units. The article summarizes the authors' methods for incorporating such “hands-on” learning into our classes, and demonstrates how these ideas are malleable enough to work in in-person, remote, concurrent, asynchronous, and synchronous classes.

Paved by Good Intentions

I was thrilled to be accepted into the University of Michigan for my Masters of Science in Information, but it was an unexpected deviation as my health derailed my original plan to pursue a career in criminal law. As I enrolled in classes with my peers who intended to pursue careers as librarians and archivists, I was the odd person out asking myself how I could market my research in these courses to law schools in the future. I had always assumed I had incompatible passions, a love for history, literature, and research coupled with disinterest in pursuing a single field towards a Ph.D., and that my legal career would support my hobbies in the cultural heritage sector. With a heavy dose of irony I walked into “SI519 Intellectual Property and Information Law,” my first graduate school class, determined to use it to confirm to law schools my decision to pursue criminal law, but walked across the stage at graduation ecstatic to build a career at the intersection of copyright law and cultural heritage. Fantastic mentors, supportive networks, and timely court rulings and legislative changes, paved a path and provided me a stepping stone into a career at the intersection of my passions in a field I had not known existed. I entered the field at an increasingly critical time and had unique access to practitioners that helped create opportunities for engagement without which, I would not have had the opportunity to accept a tenure track librarian position at the age 24 as my first full time job out of library school.

Italian Politics and Culture from Fascism to Postwar Democracy in the Life and Work of Uguccione Ranieri di Sorbello (1906–1969)

Italian Politics and Culture from Fascism to Postwar Democracy in the Life and Work of Uguccione Ranieri di Sorbello (1906–1969)

Follow in Footsteps: The First CPAs of 1896–1897 and Accounting Occupation Adoption by the Next Generation

ABSTRACTThe first CPA legislation in America was passed by New York State in 1896. This paper examines the identity and characteristics of the first group of men that earned CPA certificates, and then traces the careers pursued by their progeny. The firms led by the first CPAs were congregated in New York's financial district and near City Hall, and included precursors of the Big 8 firms that dominated the profession during the 1970s and 1980s. The extent to which the first CPAs' occupation was transferred to their offspring was examined next, using record linkage methodology. The analysis showed that many offspring of the initial group of CPAs pursued careers in accounting, business, or law, although this occupation transfer was gendered, since only sons became CPAs. Thriving occupations are passed on to the next generation and the success of CPA children is an indicator that the accounting profession was successful.

Queer Precursors: Same-Sex Desire in Charles Prentiss’s The American Bee

Queer Precursors: Same-Sex Desire in Charles Prentiss’s The American Bee Helen Hunt (bio) In 1797, a recent Harvard graduate named Charles Prentiss published what might be the first collection of American short stories: The American Bee: A Collection of Entertaining Histories, Selected from Different Authors and Calculated for Amusement and Instruction. Taken together, the stories in The American Bee endorse an antiauthoritarian outlook promoting women’s self-determination, sexual and otherwise, and encouraging men to resist the tyranny that underlies patriarchal ideals. Two texts in this already radical collection, one with American authorship, celebrate decidedly queer bonds for both men and women. While a modern reader might expect that such a collection would not have had a mainstream literary readership, Prentiss specifically marketed the works he published to the friends he had made during his time at Harvard. He must have believed that the antiauthoritarian message of The American Bee would appeal to this network of educated, like-minded, elite young men scattered across New England and the mid-Atlantic. Surprisingly, The American Bee’s queer stories seem to have occupied the center, not the neglected margins, of New England literary culture as Prentiss imagined it. Prentiss’s privileged family history is another reason a reader might be surprised to see antipatriarchal and queer themes featured in his work. He grew up in a New England family that had gained enough prominence for C. J. F Binney to write its biography in 1852.1 His father was a minister, and his brother-in-law was a New Hampshire congressman. Charles graduated from Harvard in 1795 and that same year married Sophia Gardner of Leominster, herself a minister’s daughter from a well-connected family, and they settled there. Prentis turned down a career in law to pursue life as an author, editor, [End Page 1] and publisher of both literary and political works. He published The American Bee early in his career, in 1797, right after he and his brother stopped printing the Rural Repositor, of which, according to Binney, “about one hundred of his old college friends were subscribers, as he was a favorite with them.’”2 Prentiss only remained in New England for a short time; in 1799, he moved to Georgetown, after which he worked in Baltimore until he left to tour Europe in 1804. After his return, he worked as a printer and author in Virginia, Maryland, DC, and Massachusetts. He died in 1820 at age forty-six.3 Turning down a legal career to become an itinerant printer was a risky choice that meant Prentiss traded stability and prestige for financial risk and social obscurity. Many printers faced bankruptcy after the Revolutionary War, and most magazines lasted for just a few years. Consequently, Prentiss must have had an excellent reason to take this chance; his decision testifies to his personal investment in literature, as he consciously worked to ensure that US belles lettres made space for women’s sexual self-determination and same-sex relationships as alternatives to heterosexual marriage. While Prentiss’s family history has attracted scholarly attention, his literary productions have not. The American Bee is rarely read; it is never mentioned in histories of US fiction; and it is the subject of only one scholarly article.4 It is a surprisingly accessible text, since a transcription is available for free through the Evans Early American Imprints Text Creation Partnership, and the Evans Digital Edition and Eighteenth-Century Collections Online houses facsimile pages. Nonetheless, The American Bee has suffered the same neglect as nearly all of the short fiction published before 1820 and of the many compilations of stories published after that, even though “between 1820 and 1845, compilations containing huge amounts of short fiction formed twenty-nine percent of the literary market.”5 As Jared Gardner demonstrates, the emphasis on a unique American vernacular style has privileged individual genius and exceptional Americanness in a way that systematically detracts from the transatlantic tradition of the periodical and has led to the critical neglect of magazines and the short fiction that populates their pages.6 The American Bee certainly participates in this transatlantic exchange in a way that troubles a simple...

Revolutionary Nihilism and Romantic Notions

Revolutionary Nihilism and Romantic Notions Donald Mackenzie Wallace [SIR] DONALD MACKENZIE WALLACE (1841–1919) was an author, editor, and foreign correspondent who over the course of his lifetime also traveled extensively as a cultural interpreter and political adviser in Russia, South Asia, and the Near and Middle East. Born in Scotland to a prosperous family, he was orphaned by the age of ten, and in his early adolescence resolved to secure for himself an education equal to his far-reaching ambitions. Undertaking studies centered on ethics and metaphysics at the Universities of Edinburgh and Glasgow, he went on to advanced work in law and jurisprudence at the École de Droit in Paris and at the Universities of Berlin and Heidelberg, where he was awarded the Doctor of Laws degree when he was twenty-six. Wallace was preparing himself for an academic career in comparative law in Germany when a friend in Petersburg, knowing of his interest in the Ossetes, offered him an opportunity to visit this remote tribe of Iranian origin living in the Caucasus. "In accepting this invitation from my Petersburg friend," Wallace later recalled, "my intention was to spend about a year in studying the Russian language and certain Russian institutions which specially interested me, and then to devote one, two, or three years to a thorough study of the Ossetes. Gradually I saw reason to change my plans. On closer inspection the Russians turned out to be a much more, and the Ossetes a much less, interesting subject of study than I expected, and instead of one I devoted six years to Russia proper." The result of Wallace's sustained investigations, involving prolonged stays in country villages as well as major cities, was his most famous work, his study entitled Russia, first published in two volumes in 1877, just before the outbreak of the Russo–Turkish War (with subsequent editions in 1905 and 1912), which was described by the Times Literary Supplement as "the most authoritative work on Russia in the English language" and which seems in many ways comparable in its richness of insight to Tocqueville's Democracy in America. After the appearance of this book Wallace was appointed a foreign correspondent for the London Times, where he continued to work on and off in various capacities for more than two decades, issuing reports from central Europe, the Balkans, Turkey, and Egypt (his book Egypt and the Egyptian Question came out in 1883). He also served as private secretary to a viceroy to India and was asked to accompany the duke and duchess of Cornwall (who became King George V and Queen Mary) on their tour of British territories all over the world, subsequently recording these travels in The Web of Empire, published in 1902. As the excerpt offered here would suggest, Wallace's analysis of Russian history and culture is distinguished by an unfailing lucidity and steadiness of judgment matched by a remarkable acuteness of observation and depth of sympathy—a combination of qualities rarely achieved. These pages are taken from the 1912 edition of Russia, published in London by Cassell and Company. —SD [End Page 179] ________ Strange to say, the newest and most advanced doctrines appeared regularly, under a very thin and transparent veil, in the St. Petersburg daily press, and especially in the thick monthly magazines, which were as big as, or bigger than, our venerable quarterlies. The art of writing and reading "between the lines," not altogether unknown under the Draconian regime of Nicholas I, was now developed to such a marvelous extent that almost anything could be written clearly enough to be understood by the initiated without calling forth the thunderbolts of the press censure, which was now only intermittently severe. Indeed, the press censors themselves were sometimes carried away by the reform enthusiasm. One of them long afterwards related to me that during "the mad time," as he called it, in the course of a single year he had received from his superiors no less than seventeen reprimands for passing objectionable articles without remark. The movement found its warmest partisans among the students and young literary men, but not a few gray-beards were to be found among the...

THE IMPORTANCE OF THE ENGLISH LANGUAGE IN PUBLIC DIPLOMACY AND INTERNATIONAL RELATIONS

The primary language of international relations and diplomacy is English. The representatives of international bodies communicate in the English language. It is vital to establish English as the official language for international organizations in facilitating more efficient collaboration internationally. English dominance in international communication becomes increasingly apparent. This study aimed at gaining a more in-depth understanding of the significance of the English language. It also aimed at identifying, describing, and explaining the importance of the English language in public diplomacy and international relations. The researcher used the descriptive research method in the study, notably; secondary data were used for collecting reliable conclusions for the research. The findings suggested that the adoption of formulaic language, particularly, idioms and idiomatic expressions to further embellish the phrases used in the arena of international relations or policy is a peculiarity of the English language. The study concluded that formulaic language and the adoption and usage of idioms is a distinguishing feature that diplomats and those who have a career in international law and international relations should master.

Rethinking Public Law in a Time of Democratic Decline

The thirteen separate segments of this article are designed to explore the consequences for New Zealand public law of the global decline of democracy in many parts of the world, although not in New Zealand. The trend towards autocracy is evident in many countries and has been increasing. There was a time when democracy was thought to be inevitable, but that time has passed. Since New Zealand is a small and open society, democratic rot and decline could set in, as it has in other democracies. In order to combat these tendencies, it is necessary to think about the implications of these developments for teaching public law and for the need to bolster education in citizenship, so people can better understand the advantages of democracy, participate in it and feel a commitment to it. Many New Zealanders not born here may not understand the culture, may not have English as their first language and may be discouraged from engagement. New Zealand is increasingly diverse.The article explores the recent history of the United States and to a lesser extent, the United Kingdom, to discern the tendencies at work in those democracies. Returning to the fundamental elements of public law, it is suggested that the analysis begins with the nature and character of the state, followed by international law. Then it is argued it is necessary in the New Zealand context to examine the situation of Māori, Te Tiriti o Waitangi, the activities of the settler governments and the remaining consequences of colonisation. There appears at this time to be an opportunity to more significantly recognise indigenous Māori culture. From there, an examination of some important principles of political philosophy is provided. This leads to a summary of the main types of government that are available for any state. Then are set out the main political ideologies that often impel political actors. The changes in democratic practice that have resulted from the digital revolution are then examined with the effects upon political parties and how they have changed New Zealand. The manner in which public opinion can be manipulated and the need to become literate in politics and political practice is emphasised. The article concludes with a discussion of public law as an autonomous discipline and a final conclusion about what all this means for New Zealand. In the mind of the author, after a long career in public law and politics, these separate elements combine into a message about the need for democratic refurbishment and future vigilance in New Zealand.

Writing Competences in Law Students of a Peruvian Public University

The objective of the research was to determine the relationship between scientific writing competencies and legal argumentation in students of the eighth and ninth cycle and law graduates of the National University of San Martin in the year 2019 - 2020. We worked with a sample of 84 students from the ninth to the tenth cycle of the law career at the National University of San Martin; the data were obtained with the observation technique using the direct, valid and reliable observation guide. The study has a descriptive-level scope of cross-sectional correlational design. The scientific method, statistical method and inductive deductive method were applied, proceeding to observe the performance of the students for each variable. Spearman's rho coefficient was used for correlation, with the data of which the hypothesis test was performed. The conclusions were that there is no direct and significant relationship between scientific writing and legal argumentation rho 0.195 of rho de Spearman at 0.05 of significance.

A Black Jurist in a Slave Society: Antonio Pereira Rebouças and the Trials of Brazilian Citizenship

A Black Jurist in a Slave Society: Antonio Pereira Rebouças and the Trials of Brazilian Citizenship

Blended Learning in Law School at Northern Technical University in Ibarra, Imbabura, Ecuador

This article presents the results of a qualitative research, with analytical and interpretive case study methodology, about the impact of the opening of the Law career at the Technical University of the North (UTN) through the blended modality, its consequences from the negative and positive point of view for students, teachers and residents of the community. The aim of the work is to explain the results of the opening of the Law degree at UTN through the blended modality. In the research process, methods, techniques and instruments such as the survey, analysis, synthesis, documentary review and hermeneutics were applied, each with a specific purpose, explained the methodology section. The work includes the challenges that students and teachers have faced for the successful development of the career, in the knowledge of the content of the subjects, the pedagogy, the didactics, the methodology and the technological resources that the teaching-learning process of the subjects contemplated in the study plan. In the text that is submitted to the criteria of the academic community, a comparison of the efficiency indicators of this career is made with the other careers of the Faculty of Administrative and Economic Sciences (FACAE) of the UTN, whose results show that this was a decision necessary and wise.