Department Of Law Research Articles

Mitigating emotional barriers to feedback encounters and dialogue (in law schools)

ABSTRACT This article develops a tripartite typology categorising how negative emotions act as barriers to feedback encounters and dialogue. It draws on 11 semi-structured interviews with students and staff on a non-embedded writing support initiative implemented in the Law Department at the University of Manchester. Our findings reveal negative emotions inhibit feedback dialogue in three ways: accessing written feedback; accessing feedback dialogue; and the quality of feedback dialogue. We further suggest how non-embedded writing support can mitigate these emotional barriers, highlighting the need for educators to reflect on the emotional needs of their students in feedback processes.

Право и реальный сектор экономики России

On March 5, 2024, the All-Russian scientific and practical conference “Law and the Real Sector of the Russian Economy”, organized by the Department of Business and Corporate Law and the Business Law Competence Center, was held at the O.E. Kutafin University (MSAL) under the auspices of the strategic academic leadership program “Priority 2030”. The conference was attended by prominent figures of legal and economic science, practicing lawyers, judges, representatives of executive authorities, university professors, students. Young specialists had a unique opportunity to communicate with venerable scientists and experienced practitioners, learn about technologies for conducting large-scale scientific projects. The interested discussion focused on a wide range of issues related to the problems of the real sector of the economy: legal foundations, public policy, subject composition, digitalization, bankruptcy, certain types of activities in this area. The resolution on the results of the conference is presented in this publication.

The Strategic Role of the Third Mission in Universities: A Concrete Case Study

In addition to teaching and research, the goal of universities is to contribute to the development of civil society by promoting the direct application, valorization, and use of knowledge. In reality, it is a widespread and shared opinion that is no longer enough to carry out research on campus and publish subsequent works in scientific journals. It is also difficult to be fully satisfied with teaching only young people in university courses. This paper focuses on highlighting how an applied example can be taken as the best practice for future implementations. The methodology used is qualitative. The research question that initiated the study was to concretely verify how the Third Mission (TM) was integrated into the strategic choices of universities. In light of the new methods of evaluating universities, how can we highlight what they have done in terms of the third mission? Are organizational solutions possible in the approach to the TM? The objective was to verify what the impact and future development of the Third Mission (TM) in the universities will be. In light of its inclusion among the evaluation criteria of universities and teachers, the Third Mission (TM) is the new future frontier in terms of local and national openness and development, as well as their economic and financial sustainability. To this end, a case analysis was proposed as a model/best practice, and in particular the case of the Department of Business and Law of the University of Calabria was also presented. The application and implementation of rules and regulations are always difficult in any case and in any field. An example can be seen in public administration and universities, bureaucratically "plastered" and not very inclined to change and innovation, especially regarding performance evaluation. Therefore, seeing an application carried out relatively quickly allows the enhancement of the “DiScAG Model”, which is to be taken as an application example in the implementation of the Third Mission (TM) in universities. The study will contribute to increasing the literature and starting a discussion and a reflection on what has been done and what still needs to be done in this direction.

Thinking Outside of The Box! It Is High Time - Riddance of Archaic Methodology

The overarching objective of this opinion piece is endlessly learning and adjusting to the challenges of the modern academic world. These observations and reflections are based on first-hand experience teaching three courses: civil procedure, the law of evidence, and legal drafting. Throughout the semester, there was extensive interaction with the students - thrice a week for approximately 3 hours each class. This opinion underscores the importance of thinking outside the box and strictly adhering to the rules, regulations, and university policies in its letter and spirit across the board, whether it pertains to student attendance, assignments, projects, or grading. Also, the opinion touches on the demerits of archaic teaching and offers few recommendations for fixing it.The semester has flown away in a blink of an eye. It seems like yesterday flying from New York to Islamabad. My enthusiasm peaked and was entirely driven by the desire to give back to my birth country by teaching law as taught in the United States of America – specifically, to those who would never have a chance to go abroad for studies. The underlying desire had been and will always be - to share my approximately forty (40) years of experience, knowledge, and daily breathing in the life of law in the world's litigious society – the United States of America. In April 2023, Dr. Asif Khan, NUST head of the law department, came to Washington, DC. We both were judging the JESSUP Competition. We discussed the idea of my teaching Civil Procedures, Evidence, and Legal Drafting for the fall semester of 2023. Despite fierce opposition from family and close friends, I agreed to the proposal. I started preparing the coursework/syllabus and everything needed for the semester.

IX Уральский форум конституционалистов: идеи, дискуссии, мнения

The article contains a brief overview of the scientific and practical events of the traditional expert platform for the exchange of ideas on the problems of constitutional law of Russian and foreign scientists and lawyers — the IX Ural Forum of Constitutionalists, organized by the Department of Constitutional Law of the Ural State Law University named after V.F. Yakovlev (Yekaterinburg, October 2–7, 2023).

Law and Cartoons: The Use of New Interactive Approach in Educating at Law Departments

Law and Cartoons: The Use of New Interactive Approach in Educating at Law Departments

Legal Tradition as a Subject and Method of Comparative Law of the BRICS Countries

This article is a review on the two-volume book called “Comparative History of Foreign Law” written by Dmitry Poldnikov, the Professor of the Theory of Law and Comparative Law Department at MGIMO University of Russia. The authors of this review are convinced that the book is a new word in Russian legal-historical editions because it presents an unconventional analysis of the development of state and legal systems of various jurisdictions through the prism of legal values, legal traditions and legal diversity.

Międzynarodowa Konferencja Naukowa „Dobrostan zwierząt. Perspektywa prawna”, Lublin–Iwano-Frankiwsk, 26 października 2023 r.

On 26 October 2023, an International Scientific Conference “Animal Welfare: A Legal Perspective” was held at the Faculty of Law and Administration of the Maria Curie-Skłodowska University (Lublin). It was the third meeting in the series “Legal Protection of Animals”, which was launched in 2019. The conference was organized by the Department of Administrative Law and Administrative Science of the Faculty of Law and Administration of the Maria Curie-Skłodowska University in Lublin, in cooperation with the Department of Labour, Ecological and Agrarian Law of the Vasyl Stefanyk Precarpathian National University in Ivano-Frankivsk and the Foundation for Academic Initiatives in Lublin. The report presents selected theses from the speeches of all speakers.

Legal Framework for Socially Responsible Social Media Platforms in Pakistan

ABSTRACT This research is aimed to investigate wider phenomenon of possible need for legislation for regulation of social media in Pakistan. In-depth interview research method was applied under Qualitative study to investigate this phenomenon. Overall, 10 respondents from law and media departments from public as well as private sector universities of five main cities were chosen to collect their opinion with the help of 15 structured questionnaire with open ended approach. The study found out that there was no legislation existent for regulation of social media in Pakistan. The study revealed voices were raised from different corners of society including journalistic bodies labelling restriction and embargo on freedom of speech. The study concluded that the government should introduce such legislation after having detailed discussion with relevant stakeholders including public sector media organizations, information departments, law and media departments and other relevant stakeholders. The study concluded that socially responsible legislation was required for socially responsible social media in Pakistan. Purpose: The basic objective of this study was to unearth existing legal framework for regulation of social media in the country at par with the international best standards for regulation of social media. This study was tasked to ascertain the opinion of the relevant stakeholders of social media of public and private sector and recommend socially responsible social media in the country. However, the legislation should equally be acceptable for all the relevant stakeholders to make social media effective with its positive use in the long run. Design/Methodology/Approach: Qualitative study was employed along with in-depth interviews having 15 structured questions with open approach to collect data from 10 respondents from five media and law departments from public and private sector universities. Findings: The results showcased the findings that there was no existent legal framework for regulation of social media in hand. However, in recent past, the federal government has constituted a separate department called National Cyber Crime Investigation Agency (NCCIA) to regulate social media as well as investigate online crimes being committed on social media. However, the legislation was unavailable in this regard. The results revealed all the stakeholders can assemble at one point and draw an effective legislation in this regard to make social media socially reasonable. Implications/Originality/Value: This study seems valuable to the extent as it provides a ray of hope to the depressed consumers of social media especially the parents and teachers as the socially responsible legislation may turn social media as positive platforms. This study may also provide guidelines for the future researchers to investigate the phenome at provincial and district level in the country.

Exploring Learners' Perceptions of the Role of Learner-Centered Online Education in Transforming Legal Education

In response to the COVID-19 pandemic, higher education institutions worldwide quickly transitioned to online learning, and Pakistan's law schools were no exception. Since, the country's law departments are renowned for their traditional, lecture-based teaching style. To investigate the impact of this transition, this study analyzed the responses of 111 law students from Pakistan universities regarding the quality assurance of students, their online learning experiences, interactive relationships within the online courses, and challenges faced by them in online education. The study's findings suggest a transition from traditional instructor-centered legal education to a more learner-centered approach during the experience of online education during the pandemic. However, despite this transition, students still highly value instructor-centered classes based on lectures and evaluations, indicating that more work needs to be done to fully embrace a student-centered learning environment in online.

Kajian Kriminologi Terhadap Kejahatan Penyerobotan Tanah Di Wilayah Tulang Bawang

Land grabbing is the act of taking rights or property arbitrarily or without paying attention to laws and regulations, such as occupying someone else's land or house to which they do not have rights. The act of illegally grabbing land is an act that is against the law, which can be classified as a criminal act. In connection with this case, this is the reason for the author to discuss the factors causing the crime of land grabbing in the Tulang Bawang area as well as efforts to overcome the crime of land grabbing. in the Tulang Bawang area. This research uses a normative juridical approach and is supported by an empirical juridical approach. Data collection was carried out using literature studies and field studies by conducting interviews with Tulang Bawang Sector Police officers, perpetrators and lecturers in the criminal law department at Lampung University, then the data was analyzed qualitatively. The results of the research and discussion show that the causes of land grabbing crimes in Tulang Bawang include environmental factors, weak self-control factors, family factors, and economic factors. Apart from that, efforts to overcome group fights are carried out through 2 (two) means, namely penal and non-penal. Penal measures are carried out only up to the point of reporting to the authorities. Meanwhile, non-penal efforts are carried out through mediation.

SUGGESTED SOLUTIONS TO IMPROVE PRONUNCIATION FOR NON-ENGLISH MAJORS AT HANOI OPEN UNIVERSITY

The purpose of this study is to find out pronunciation mistakes made by non-English majors at Hanoi Open university, thereby proposing solutions to help students improve their pronunciation. The study data were collected from 133 first-year students in Economy and Law department at Hanoi Open university through an online questionnaire. The study used quantitative method in combination with statistical and analytical techniques. The results showed that students recognized the crucial role of pronunciation in the learning process. However, the study also provided information on students' mistakes when learning pronunciation. Students’ mistakes mainly related to mispronouncing plural noun endings, stress, linking sounds and intonation. Some suggested solutions for teachers and students have been proposed such as: taking advantages of technology, using free applications, diversifying classroom activities.

The Situation of Using Kurdish Language in the Law Department at Kurdistan Universities

More than one language of instruction can be discerned in the higher education system of the Kurdistan Region. In the colleges and departments of pure and applied sciences, the programmes are taught in English or a mixture of English and Kurdish. However, Kurdish is not yet fully relied on in colleges and departments of humanities and social sciences. That is, in some departments and colleges, it is still assumed that the Arabic language is dominant in the learning process. The main aim of this study is to determine the level of use of Kurdish as a medium of instruction in law departments at Kurdistan Region universities. Additionally, to understand the effects of the Kurdishization of education in the law department on the learning process and to unveil the obstacles facing the process of Kurdishization of programmes and teaching, specialised subjects in the law department at the universities of the Kurdistan Region. The research is descriptive and relies on a survey method to obtain the opinions of 103 students of both genders (male and female) in different stages of the Department of Law at the University of Garmian during the second semester of the academic year (2022-2023). This research has reached several concluding points, chief among them being that the language used in the student-related activities is Kurdish, while in the teacher-related tasks, Arabic is mainly used. Kurdishization of the law in the law department will also have several positive effects on the learning process, including making students feel comfortable, reducing their level of fear and anxiety, and enabling them to participate in questions, answers, scientific discussions, and classroom activities. Meanwhile, the study found that there are several obstacles to the process of Kurdishization of the curriculum and teaching of law departments in universities, including the lack of a legal curriculum in Kurdish and an underestimation of the capacity of the Kurdish language dictionary for conveying and teaching legal subjects.

O “Mercado Interno” na Constituinte de 1987-1988: História Oral e Registros acerca da Formulação do Artigo 219

the present work consists of a textual reproduction of the interview conducted as part of the doctoral research titled “The Legal Protection of the Internal Market and its Relationship with Competition Regulation,” defended within the Postgraduate Program in Law at the University of São Paulo (FD-USP). The research was carried out in the Department of Economic and Financial Law, under the guidance of Prof. Dr. Gilberto Bercovici. The interview aimed to explore details of the 1987-1988 Constituent Assembly, particularly concerning the conception of Article 219 in the current constitutional text. To achieve this, the testimony of Antonio Octaviano, the president of the National Federation of Engineers at the time of the Constituent Assembly, was obtained. This organization played a pivotal role in the construction of the aforementioned constitutional provision

Associate Professor of the Department of Civil Procedure and Entrepreneurial Law of the Samara National Research University, PhD (Law)

This article is devoted to certain aspects of the protection of inheritance rights in courts of general jurisdiction. Currently, the judiciary is considering a large number of inheritance disputes through claims and special proceedings. Their distinction is primarily based on the presence or absence of a legal dispute. An analysis of judicial practice shows that the vast majority of inheritance cases are considered within the framework of claim proceedings, and within the framework of special proceedings, cases of establishing facts of legal significance, cases of notarial acts performed or refusal to perform them, and others are considered. However, in the author’s opinion, cases of challenging notarial acts or refusing to perform them are more likely to be cases of claim proceedings due to the presence of a dispute about the law, two warring parties, etc., and therefore it seems advisable to consider these cases within the framework claim proceedings and their possible exclusion from the categories of cases of special proceedings.

Student Perceptions of English Courses in The Law Department: A Case Study at Nurul Jadid University

The focus of this study is on how students perceive their prior English-language learning experiences. The study intends to carefully investigate these perceptions in order to provide useful information to university administration and academics. The outcomes are anticipated to act as a basis for well-informed decision-making, helping the institution to raise the standard of English instruction as a whole. This research has the potential to help educators better personalize English learning programs to meet the various requirements and expectations of the students. This study examined the complex web of students' views related to the English learning process using a quantitative descriptive method and survey techniques. The research incorporated a wide range of opinions by polling students enrolled in the Undergraduate Law Study Program at the University of Nurul Jadid who had taken English courses. The third, fifth, and seventh semesters of the law undergraduate study program were the focus of the data collecting, which took place between October 7 and 15, 2023. The findings, revealed in-depth tables, revealed the subtleties of students' perspectives, concentrating on cognitive, affection, and conation aspects inside the English courses of the Nurul Jadid University Law Study Program. Among 21 respondents, 23.8% perceived their understanding as poor, with 33.3% feeling sufficient and another 33.3% considering their understanding good. Only 9.5% felt very good about their grasp of the subject matter, indicating varying levels of comprehension. Regarding affection, 9.5% felt poor, 42.9% felt sufficient, 19.0% felt good, and 28.6% felt very good. Additionally, 9.5% had weak conation, 38.1% had sufficient, and 42.9% had good conation. Identifying factors influencing these aspects is crucial to enhancing student motivation and engagement in English courses.

ВСЕУКРАЇНСЬКА НАУКОВО-ПРАКТИЧНА КОНФЕРЕНЦІЯ «КОНЦЕПТ ПРИРОДИ В СУЧАСНОМУ ПРАВІ»: НАУКОВО-МЕТОДОЛОГІЧНІ ПИТАННЯ РОЗВИТКУ ЕКОЛОГІЧНОГО, ЗЕМЕЛЬНОГО, АГРАРНОГО ТА ІНШИХ ГАЛУЗЕЙ ПРАВА», ПРИСВЯЧЕНА СВІТЛІЙ ПАМ’ЯТІ ПРОФЕСОРКИ М. В. КРАСНОВОЇ

Background. The article reviews the speeches of the participants of the All-Ukrainian Scientific and Practical Online Conference on the Topic "The Concept of Nature in Modern Law", dedicated to the bright memory of Doctor of Law, professor, corresponding member of the National Academy of Sciences of Ukraine, head, professor of the Department of Environmental Law of the Educational and Scientific Institute of Law of Taras Shevchenko National University of Kyiv Maria Vasylivna Krasnova. The event was organized and held by the Departments of Environmental, Land and Agrarian law of the Educational and Scientific Institute of Law of Taras Shevchenko National University of Kyiv on May 26, 2023. The purpose of the article is to perpetuate the memory of Prof. M. V. Krasnova, highlighting doctrinal and legislative approaches to the moulding and further development of environmental, land, agrarian and other fields of law, united by the scientific idea of "The Concept of Nature in Modern Law". Among the main tasks of the publication were consideration of proposals made by the participants of the conference on improving the current legislation, development the methodology of environmental, land and agrarian legal research, deepening the theory, and philosophy of law. Methods. The methodological basis of the research was the general scientific dialectical method of learning about social phenomena in their relationship and development, as well as scientific methods of analysis and synthesis, interpretation of legal norms, formal-legal, historical, comparative-legal, prognostic, etc. methods. Results. The participants of the conference focused their efforts on solving actual scientific and methodological problems of environmental, land, agrarian and other fields of law in the context of overcoming the consequences of large-scale Russian aggression on the territory of our country, transition to peaceful reconstruction in the future. Proposals for the improvement of environmental, land, agrarian and other branches of law, legislation, science and law enforcement practice in Ukraine through the prism of implementing the concept of nature in law have been expressed. The idea of combining the implementation of the concept of sustainable development into the legal system of Ukraine with the understanding of nature as an object of law through the set of its economic, ecological and spiritual attributes was laid in the foundation of this concept in the studies of Prof. M. V. Krasnova. Conclusions. Comprehension of the content and tools of legal regulation of social relations must be carried out on the basis of ecocentrism with the aim of forming a new level of ecological and legal culture of society and citizens, minimization the negative consequences of military actions and the effects of environmental state of emergency on the territory of our country, developing Ukraine as an ecological state. "The Concept of Nature in Law" is an original scientific idea, which is examined through the prism of the philosophy of law and is based upon the concept of sustainable development, since it determines the actual chance of emphasis from Man to Nature.

Research on Legal Education at Jinan University During the Shanghai Period (1927-1932)

Abstract In the autumn of 1927, Zheng Hongnian appointed Shi Jiong as a professor and established the Department of Law, setting the educational goal of “cultivating useful judicial talents for national service and national glory”. He actively pursued legal education and pioneered a specialized course in Diplomatic Consular Affairs. The legal systems of the countries where overseas Chinese from Nanyang resided were predominantly based on the “Anglo-American Law” system. The “Anglo-American Law” education at Jinan University was distinctively emphasized, and the continuous refinement of the “Six Law” system led to a shift towards a “Comparative Law” model. As Jinan University’s legal education was flourishing, it faced dual calamities of war and educational crises, ultimately leading to its closure.

The Legal Institute of the Extended Panel of the Civil Law Department of the Supreme Court of the Republic of Croatia

Oskudno uređenje proširenog vijeća Građanskog odjela Vrhovnog suda Republike Hrvatske u parničnom postupku i nedovoljno jasno naznačeni ciljevi koji se njime namjeravaju ostvariti, poticaj su za dublje istraživanje toga instituta i njegovu usporedbu sa sličnim institutima u komparativnoj praksi. S obzirom na to da se Hrvatska pri uvođenju novih instituta parničnog procesnog prava često oslanjala na njemačke pravne uzore, u radu se nastoji prikazati njemački model Velikog vijeća za građanske predmete i usporediti ga s hrvatskim uređenjem proširenog vijeća. Postojeći oblik ujednačavanja sudske prakse Vrhovnog suda Republike Hrvatske koji se provodi putem odjelskih sjednica iziskuje i odgovor na pitanje u čemu je razlika između instituta proširenog vijeća i odjelskih sjednica te kakav je njihov međusobni odnos. Posebno bi bilo važno znati kada i pod kojim će se pretpostavkama primijeniti neki od modela. Budući da autorica smatra da je za pravilan rad proširenog vijeća iznimno važna neovisnost i nepristranost, temeljne pretpostavke koje bi trebale biti ispunjene za njegov ustroj su pravno uređenje određeno zakonom, a ne podzakonskim aktom te način njegova određivanja koji mora biti transparentan i objektivno predvidljiv.

THE EFFECT OF IMPLEMENTING CASE STUDY APPROACH ON STUDENTS LEARNING OUTCOMES IN TEACHING KAZAKH LEGAL DISCOURSE

This study explores case study not as research method, but as a teaching method in teaching legal discourse pre-service law students. The purpose of this study was to explore the role of case study method in teaching Kazakh legal discourse and its effect on learning outcomes in the Kazakh language acquisition of law students. Thirty-five pre-service law students enrolled at the Department of History and Law at Sh.Ualikhanov Kokshetau University participated in this study. The present study was done during the academic year 2021/2022 at the Department of Philology and Pedagogy, Kokshetau University (KU) at Professional Kazakh language course (PKL). The present study applied mixed methods to identify the effect of case study approach on pre-service law students' performance and learning outcome. The data collection was done through questionnaires and interviews. The data were analysed descriptively using frequency and percentage gained from the questionnaire and interpretation of interview results. The research results have shown that the use of the case study method has a positive effect on students’ learning outcomes and developing language and soft skills. Many students noted the significance of case study approach as it combines theory and practice to facilitate students’ skills of working with diverse sources of information. Analysis of the participant's responses illustrates that among language skills best of all students managed to enhance their speaking skills and listening skills. Furthermore, besides language skills, PKL course learners indicated that the case study approach had a great impact on developing their soft skills such as problem-solving and decision-making skills, critical and analytical thinking skills, negotiation, and presentation skills, teambuilding skills, interpersonal skills, anticipating skills in problem identification and solving.