Generation Of Lawyers Research Articles

Peculiarities of the interaction of legal clinics with the system of providing free legal aid

In the legal state that is Ukraine, one of the main values is the fundamental rights and freedoms of a person and a citizen, which are guaranteed by the Constitution of Ukraine and other normative legal acts of the state. Therefore, the protection of violated rights is an important element in the legal system of the state.The article deals with the organization of the state system of providing free legal aid. It is noted that the participants of the state system of providing free legal aid include the bodies of the executive power, which not only solve organizational and legal tasks in this sphere of social relations, implementing various forms and methods of activity, but also provide free help. An analysis of the legal acts that form the system of providing free legal aid was carried out. The organization of the work of legal clinics of higher educational institutions as participants in the non-state system of providing free legal aid, as well as the peculiarities of the interaction of legal clinics with the system of providing free legal aid, is considered.It was determined that the goal of the clinic is to educate a new generation of lawyers, to make them aware of the important role of a human rights defender in society, to understand social problems and to ensure that vulnerable citizens have access to free legal aid and fair justice. The quality of such services is ensured by the help and supervision of teachers, as well as compliance with the standards of the Association of Legal Clinics. Students in the legal clinic have the opportunity to independently draw up procedural documents, evaluate the content and course of consideration and resolution of a specific case and justify their position in it.The activities carried out by legal clinics of Ukraine and free legal aid centers were analyzed. It has been established that thanks to the activity of the free legal aid system, more and more people are becoming interested in their rights and applying for free legal aid. In addition, the importance of interaction between legal clinics and free legal aid centers is confirmed by the following facts: firstly, it determines the general level of legal culture, since the more people know about their rights and coordinate their behavior with the norms of the law, the higher the level of legal culture of society; secondly, it forms general law-abidingness among citizens of the entire country and covers various age and professional groups of the population; thirdly, it contributes to the expansion of subjects of provision of free legal aid; fourth, free legal aid systems adapt to today’s challenges and inform the most vulnerable sections of the population.

Leveraging Academic-Medical Legal Partnerships to Advance Health Justice.

Unmet legal needs contribute to housing, income, and food insecurity, along with other conditions that harm health and drive health inequity. Addressing health injustice requires new tools for the next generations of lawyers, doctors, and other healthcare professionals. An interprofessional group of co-authors argue that law and medical schools and other university partners should develop and cultivate Academic Medical-Legal Partnerships (A-MLPs), which are uniquely positioned to leverage service, education, and research resources, to advance health justice.

GUSTAV RADBRUCH AND GEORGIAN TRANSLATION OF “PHILOSOPHY OF LAW”

Gustav Radbruch is one of the most extraordinary and popular legal philosophers, who represents German school, but he cannot be named typical German lawyer. His understanding of law and justice inspirited many generations of lawyers in all over the world. Radbruch’s formula played very important role in the development of the legal thought in twentieth century. His “Philosophy of Law” has been translated to Georgian by Giorgi Jimsheladze and published in 2022 (Edited by Giorgi Meskhi). Article overviews Radbruch’s personality and his works, also discusses Georgian translation of the book.

The Adoption of the Vienna Convention for the International Sale of Goods (CISG) 1980 in Africa—A Critical Analysis

The adoption of the Vienna Convention for the International Sale of Goods (CISG) 1908 in Africa has been slow in comparison to other regions of the world. The Convention is widely regarded as one of the most successful instruments of international commercial law harmonisation. It has been adopted by ninety-four countries from all regions of the world representing more than eighty per cent of international sales. Despite this, only fourteen African countries have adopted it so far. The research question in this article is why African countries have been reluctant to adopt the CISG, compared to countries from other regions around the world. The aim of the article is to establish and analyse the possible reasons why African countries have been so slow in adopting the CISG and to suggest solutions to improve the situation. The reasons include an ignorance about the Convention, apathy on the side of governments and business alike and the existence of other regional harmonisation instruments such as the Organisation for the Harmonisation of Business Law in Africa (OHADA). It is argued that the impetus for greater acceptance lies within the pressure that might emanate from regional trading blocs such as the Common Market for Eastern and Southern Africa (COMESA), the Southern African Development Community (SADC) and the newly formed African Continental Free Trade Area Agreement (AfCFT). It is also argued that greater awareness amongst practitioners may play a future role if the new generation of lawyers are educated on the Convention.

Н.А. Придворов – основатель юридической школы Тамбовщины

The presented material highlights the main stages of the life path of Doctor of Law, Professor Nikolai Antonovich Pridvorov. Attempts were made to comprehend his contribution to the development of legal science and education in the Tambov region, the formation and activities of the scientific school, which functioned on the basis of the Derzhavin Tambov State University under the scientific supervision of Pridvorov since 1995. The life story of Nikolai Antonovich, the path of his education, his formation as a person, as a figure of an outstanding lawyer, the path of a lawyer and founder of the legal community in the Tambov region, his contribution to the development of legal education and science in the Tambov region, the formation of his own scientific school, strong scientific ties with various leading scientific and educational centers, evaluation and recognition of his works by foreign colleagues. It is emphasized that his scientific school was formed on the basis of the conceptual directions of the development of Russian legal science, theoretically substantiated the reform processes in Russia, while referring to the analysis of the historical and legal heritage of domestic and foreign scientists. The influence of N.A. Pridvorov on the formation of a whole generation of lawyers, which allowed the authors to assert that he was the foundation and basis of legal education and science in the Tambov region, leaving in each of his students a vivid idea of law, its supremacy and progressive significance.

Inoculating the Next Generation of Lawyers: Mandating Substance Use and Mental Health Education for Law Students

Inoculating the Next Generation of Lawyers: Mandating Substance Use and Mental Health Education for Law Students

ДОПУСТИМОСТЬ ДОКАЗАТЕЛЬСТВ И АКТИВНОСТЬ СУДА В СОВРЕМЕННОМ ПРОЦЕССЕ ДОКАЗЫВАНИЯ

In 1988 I was lucky to attend advanced training (4 months) at the department of civil procedure of the Lomonosov Moscow State University, which was headed by Mikhail Konstantinovich Treushnikov, an amazing man: a talented scholar, a former judge, intelligent, calm, who managed to preserve the Volga language and himself as he was – a Person and a Teacher for many generations of lawyers, among which not only Moscow State University graduates. Being already a teacher, I listened to his lectures with pleasure together with my students, and I truly enjoyed the content and the manner in which the material was presented. By the way, I used some examples later in my lectures, they were so colorful and multifaceted. Three decades later I found myself again at the department of civil procedure of Moscow State University, when I was congratulating a successfully defended scholar: the same atmosphere of intelligent staff, kind and very talented scientists, headed by the timeless Mikhail Konstantinovich. Mikhail Konstantinovich’s contribution to procedural science and to the development of procedure law is invaluable. It so happened that in scientific terms I joined a large number of proceduralists working on questions of evidence. And I have always learned from our great Scientist and Person, Mikhail Konstantinovich Treushnikov. Mikhail Konstantinovich was also a talented teacher and organizer. Textbooks, commentaries, practical works of the department are invariably interesting and executed at the highest level. There are already several generations of talented and successful scholars in the department of civil procedure, who themselves became teachers for the next generations – to open the way to the development and success of young people is also a talent of the Head and the Scientist.

The Revolutionary Impact of Artificial Intelligence on the Future of the Legal Profession

Two decades into the 21st Century, it is abundantly clear that Artificial Intelligence technology will fundamentally change the legal system as well as the economics of our daily lives. During the early years of AI development, computers successfully surpassed humans only in complex games requiring exceptional intelligence (e.g., chess, Go, Shogi). The legal profession assumed that AI would be unable to master the nuances and ambiguities of language and the skills required of first class lawyers. The recent history of AI advancement proved that assumption wrong. When combined with the new focus of neuroscientists and related disciplines on the study of the human brain, AI stands on the threshold of exceeding human intelligence in the areas which have historically been the exclusive domain of the legal profession. There is currently a broad array of important tools in the AI field which lawyers may use to improve efficiency and profitability, These AI tools are just the beginning. We can also anticipate that AI will necessarily and substantially affect decisions traditionally relegated to the autonomy of individual citizenry as well, with dramatic consequences. This paper attempts to identify the implications of AI technology on the legal profession, the broader society in which it operates, and the challenges confronted by the next generation of lawyers and law students.

Relational analysis of the international commercial court and international arbitration to improve the legal environment for resolving international business disputes

Business is becoming more and more globalised, resulting in increased competitiveness, which drives down prices and provides a greater variety of choice for consumers. However, there are also challenges presented by the globalisation of businesses and international commercial courts across the globe exist to navigate these issues. Globalised businesses are subject to the legal judgements of the country in which they are based, as well as the legal judgements of the countries in which they operate. Therefore, the presence of international commercial courts is crucial for promoting the use of international arbitration and international alternative dispute resolutions (ADR), in which disputes are resolved outside of court. Professor Akira Saito, Graduate School of Law, Kobe University, Japan, is exploring the relationship between international commercial courts and international arbitration with the goal of improving the legal environment in different countries and resolving international business disputes. Discussions with his mentor, Professor Oliver Williamson, University of California, led Saito to this project, which is an interdisciplinary study of law that is seeking to develop the next generation of lawyers and business people with a well-rounded perspective of the legal system and the ability to utilise it in a manner that helps develop business activities.

40 Centuries of State and Legal Thought (review for the first Part of the textbook by O. M. Holovko and T. Ye. Kahanovska "History of the Doctrines on Law and State")

The authors set themselves an important task in terms of volume and depth: to reveal the value of the thoughts of their great predecessors and to bring these treasures to the minds of students of the XXI century. I am convinced that they succeeded in full. The language of the textbook, its imagery and liveliness, the success of quotations, the original author's commentary, the depth of conclusions - all these are the characteristic features of the peer-reviewed work. It has many advantages and benefits, and it is difficult to say everything in a fairly short review, but we will say one more thing. Undoubtedly, this book will help improve the training of the new generation of lawyers, give them a basis for reflection on some of the eternal problems of jurisprudence - theoretical and practical, closely related to their present and future lives. reference book on this historical and legal discipline.

Criminal Liability in Conflictological Discourse

The paper deals with the history of criminal law and criminal liability in conflictological discourse. On the basis of ideas of legal pluralism, the authors investigate the transformation of the criminal and legal mechanism of conflict resolution from ancient times to the present. They study the customs of exile, blood vengeance, blood reconciliation, as well as a number of other customs of Amazonia and North America. The paper explains that such customs remain until now due to the expressed compensatory character and evaluates the origins of ritualization of conflict resolution procedures in ancient society. The authors examine the circumstances of the disappearance of the victim concept from repentant law, as well as the borrowing of the religious concept of responsibility not before the victim, but before the suzerain by secular law.The authors note that many generations of lawyers have formed their professional consciousness under the influence of an indispensable formal cliché: for the committed crime the perpetrator must be held criminally liable not before the injured person, but before the State that is not in the least at times guilty of failing to provide the victim with a safe life. Few doubted that the postulate given is the only one true. This example of survivability of ancient criminal law customs demonstrates the interest of society in alternative ways of solving criminal law disputes. The authors conclude that legal pluralism is natural for the area of criminal law due to the expressed compensatory tendency in the society’s perception of criminal liability. The penetration of compensatory elements into modern criminal law is assessed as a positive and only possible trend of further criminal law development.

The Mythical McCulloch

Generations of lawyers have been taught that McCulloch v. Maryland is the foundational precedent that established an expansive view of national power under the U.S. Constitution. In The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland, David S. Schwartz maintains that this is a myth created by twentieth-century progressives in order to make the expansive view they favored seem more venerable than it really is. I am satisfied that he has proved his case, though I am less sure that his revisionist history throws any new light on the spirit of the Constitution. Schwartz’s detailed commentary does sharpen the issues raised by recent efforts to cabin the expansive view of national power that McCulloch supposedly established. He likes what the progressives did with Chief Justice Marshall’s opinion and he laments the federalism decisions that began with United States v. Lopez in 1995. Schwartz thinks McCulloch has now been turned into a “splendid bauble,” but the truth is just the opposite. After thirty-five years, we have a few Supreme Court decisions whose effects have been trivial and whose pretended limits on federal power can easily be evaded. So far, the federalism revival has produced only pretty baubles, and the Court’s opinions promise nothing of any greater significance in the future.

Bhutan Legal Needs Assessment: Final Report

“What is Justice?” With that short, but extremely complex question on our minds, four researchers from the Jigme Singye Wangchuck School of Law (“JSW Law”) spent a combined eleven months visiting each of Bhutan’s twenty Dzongkhags. The Law School began to lay the foundations for this field research in 2016. Plans to conduct research of this nature grew from ongoing policy discussions about whether the 12th Five Year Plan (“FYP”) should specifically designate a “Justice Sector” for planning, fundraising, and monitoring purposes. In the interim, of course, there now exists such an integrated Justice Sector, and planning for that sector is now coordinated by the Royal Courts of Justice. As part of that planning process, Bhutan’s official planning body, the Gross National Happiness Commission (GNHC) formally gave JSW Law the mandate to carry out this study. The purpose of the study is three-fold: First, it is intended as a crucial initial step towards the development of a quantitative index to measure the effectiveness of Bhutan’s efforts to strengthen its Justice Sector, building on international but also, more importantly, local understandings of “justice.” Second, it is intended to inform JSW Law’s curriculum, ensuring that Bhutan’s next generation of lawyers are familiar with customary Bhutanese understanding of justice. Finally, it is intended to field test a methodology that can be used also in other countries hoping to answer similar questions with regard to their own justice systems.

The Variability of the Subject of Legal Relationships Concept in the Changing World of Artificial Intelligence and Digital Human

The article deals with the influence of the artificial intelligence phenomenon on the legal paradigm in terms of widening the range of legal entities. The decisive properties of artificial intelligence are the awareness of their own construction and functioning, ability to self-study, self-improvement, self-development, autonomy from the person in decision-making and so on. The author concludes that the division into legal and non-legal entities is artificial and depends solely on the human. The humanity creates its own legal space and determines the circle of legal and non-legal entities in it. This division has been developed by many generations of lawyers. But this division is not a dogma. With only one human willpower, another artificial creation was created. It was a legal entity. For a legal entity, the opportunity to be the person of a legal relationship is recognized without reservation. Since a collective agreement for the recognition of any person of legal relations is only in the collective imagination (intersubjective reality), its terms can always be changed in one direction or the other. Therefore, in the case of the emergence of a new actor who is a super-developed artificial intelligence, there is every reason to recognize it as a person of legal relations. Artificial intelligence can be empowered and may be recognized as being able to fulfill certain responsibilities. It has also been argued that the digital human being (Homo numeralis, Homo digitalis, Homo horologium) creates a new social and legal phenomenon. A human being is asked to name a person who is advanced with bioengineering, combining organics with inorganics, or building an inorganic life form. The digital human being will relate to the common human being as the next stage of evolution. This can lead to an even greater or fundamental stratification of society. Similarly, a digital human being can be the target of a cyber-attack.

The Public's Unmet Need for Legal Services & What Law Schools Can Do about It

Civil legal services in the United States are increasingly unaffordable and inaccessible. Although the causes are complex, law schools can help in three ways beyond simply offering free legal clinics staffed by lawyers and students. Law schools can teach the next generation of lawyers more efficient and less expensive ways to deliver legal services, ensure that educational debt does not preclude lawyers from serving people of modest means, and conduct and disseminate research on alternative models for delivering legal services. These strategies will not solve all of the problems that exist, but they hold the promise of meaningfully improving the affordability and accessibility of civil legal services.

Disability Human Rights Clinics as a model for teaching Participatory International Human Rights Lawyering

The Disability Human Rights Clinic (DHRC) was established at Melbourne Law School, the University of Melbourne, in 2015. Its supervisors and students conduct legislative and policy reform projects as well as strategic litigation. The DHRC was created by Anna Arstein-Kerslake to address a significant lack of resources in community-based organisations to undertake in-depth legal analysis. It uses an innovative model of clinical legal education to harness the skills of law students to fill that gap and to expose a new generation of lawyers to the emerging field of disability human rights law. In this article, we draw on our experiences running the DHRC to argue that the model it establishes can create significant scholarly output in the human rights field, direct engagement with the community, and rich doctrinal and experiential learning for students.

Inequality in America and Spillover Effects on Mediation Practice: Disputing for the 1 Per Cent and the 99 Per Cent

We are living in an era of vast inequality. Income and wealth gaps between ‘the haves’ and ‘have-nots’ have reached epidemic proportions. The top 1 per cent of earners in the United States pulled in a whopping 19.3 per cent of household income in 2012, their biggest slice of total income in more than 100 years. In 2014, the World Economic Forum listed severe income inequality as the number one global risk and Tom Piketty’s unlikely best seller, Capital in the 21st Century, documented the rising ratio of wealth to income and the growth of a ‘rentier class’. Even in Australia, where the mining industry continues to power economic growth, the income and wealth gap between the lowest and highest quintile of earners is stark. According to recent data, the top 20 per cent of Australians earn five times the income of the bottom 20 per cent, while holding 71 times more wealth. The question for mediation scholars and practitioners is whether this growing gap is affecting the way in which society’s ‘haves’ and ‘have-nots’ access and experience mediation. At the low end of the socio-economic totem pole, government cuts in legal services – combined with mediation practitioners’ obsession with neutrality – potentiate uninformed decision-making by unrepresented parties. At the high end, models of practice catering to legal professionals’ preferences threaten to rob mediation of its transformative, therapeutic potential. This paper will explore these troubling developments and query whether growing social inequality should precipitate shifts in our thinking about mediation ethics and the way we educate the next generation of lawyers.

HALLMARKS OF LLM IN COMPARATIVE AND INTERNATIONAL DISPUTE RESOLUTION AT QUEEN MARY UNIVERSITY OF LONDON

Master’s degree (LLM) in “Comparative and International Dispute Resolution” at Queen Mary University of London (QMUL) can lead its graduates to a promising career in the field of international arbitration which today is considered a modern and dynamic dispute resolution tool applicable for both domestic and international business affairs. The aim of the article is to analyze hallmarks of this LLM programme. The method of analysis and synthesis of legal and scientific-methodical sources was used to assess the level of the research problem topicality. The method of generalization was applied to formulate the conclusions of the article. The School of International Arbitration (SIA) was established in 1985 at Queen Mary University of London. The School has been constantly increasing its impact over the years, both in terms of research and teaching, and now it is considered a leading contributor to the science of international arbitration and litigation. Among other options the School proposes the LLM programme in Comparative and International Dispute Resolution which aims to provide a new generation of lawyers with a deep understanding of the special characteristics and needs of international arbitration, help them rethink traditional approaches to conflict resolution what is achieved by a solid theoretical grounding, broad interdisciplinary training, practice-oriented approach to the teaching of arbitration, enshrining such personal traits as individual commitment, determination and willingness to work, development of cognitive and transferable skills which help to prepare for the transition to working life. The hallmarks of LLM in Comparative and International Dispute Resolution Queen Mary enable a graduate to become a valuable asset of any organization or institution which activity is connected with international arbitraton.

ZNACZENIE KODEKSU KARNEGO Z 1932 R. DLA ROZWOJU NAUKI I PRAWA KARNEGO W POLSCE W XX WIEKU

THE SIGNIFICANCE OF THE POLISH PENAL CODE OF 1932 FOR THE CRIMINAL LAW AND ACADEMIC EDUCATION DEVELOPMENT IN POLAND IN THE 20TH CENTURYSummary Since the year of 1932 marking the publication date of The Polish Penal Code also known as “Makarewicz Code”, there were strong indications that it would have a profound impact on the advancement in the field of Polish penal law and the academic-scientific area. Drawing from the highest standards and greatest solutions in Europe (i.e. The Code of Switzerland), The Polish Penal Code immediately gained substantial recognition abroad. Following World War II, it became an integral part of the socialist penal law system governing Poland at that time in history. Despite the numerous attacks it was exposed to, The Code served as an academic tool for educating many generations of lawyers and until 1969 it remained a main source book for law studies lectures. Additionally, it was considered to be a synonym of well-founded and stable Polish law and was applied as a benchmark for codification works in Poland dating back to 1969 and 1997. Having regard to the declarations presented by classical and sociological school with its reference to the penal law education, The Penal Code of 1932 had a great influence on the evolution of Polish academic education and criminal law in Poland of 20th century. Today this statement is reinforced by the fact that its author – Juliusz Makarewicz is regarded as the most prominent penal law professor. The Makarewicz Code is not only recognized as an outstanding judiciary achievement but also as a valuable academic-scientific point of reference. It is a symbol of the finest traditions in Polish law associated with progress, innovation and the one that elaborates on institutions that secure and attest to obeying the penal law regardless of the political roles it may play.

The Once and Future Profession: Autonomy, Intellectualism, and Obligation

There are three critical elements that define the modern legal profession: autonomy, intellectualism, and obligation. The first of these elements is the personal autonomy that should protect the professional in her role as independent counselor, guide, and confidant. Autonomy has eroded due to increased billing expectations, commoditization of practice, efficiencies of technology, and decreased investment in lawyer training. Other industries, such as those in the technology industries have improved employee autonomy even as law has regressed. Intellectualism, the second element, reflected the critical intellectual role that lawyers once played as thought leaders. Unfortunately, a systemic attack on intellectualism which began during the McCarthy hearings has continued with ever-greater impact, stripping public figures and civic leaders of their roles as public intellectuals who supported a civil society through their insights and rigorous debate. The third element is the professional obligation to uphold justice, a concept that is perhaps the most discussed and whose absence has been noted for centuries. As law schools look to shape the next generation of lawyers, they must reinvigorate these three attributes and establish a new legal profession committed to them. The vehicle is a new legal services approach that funds law students’ tuition in exchange for years of moderate-pay legal service. The article outlines the case for a restructuring of legal services for the poor and middle class, to help close the justice gap, assure meaningful representation for both criminal and civil justice needs, and through this training, restore the attributes of autonomy, intellectualism, and obligation to the profession. Through this approach, participating students will receive free legal education in exchange for participating in a Peace Corps modeled program that provides legal services to those with demonstrated need.