Law School Research Articles

Missing the Wood for the Trees: How Indian Legal Education Fails to Deliver the Professional Lawyer?

In this work, we compare the Indian and American legal education systems, to argue that the former lacks the toolkit to impart professionalism among its graduates. ‘Professionalism’ in American literature means the internalization of legal skills along with values of public service. The formation of these cognitive attributes through law school and formative years is known as ‘professional identity formation’. We refer to the American discourse of professionalism and argue that Indian legal education should switch to the American Bar Association output-based model, thereby creating a clear goal but flexible pathways, allowing for faculty-led innovation in courses, curricula and pedagogy. We also underline other aspects of Indian legal education like faculty shortages and barriers between academia and profession as causative factors preventing the growth of professionalism in law graduates, which may eventually disadvantage them in the global workplace. We call for reform and discourse of the basic attitudes of the Bar Council of India and the legal educators.

Law Schools Should Substantially Increase Instruction in Mediation Representation

Law Schools Should Substantially Increase Instruction in Mediation Representation

Teaching Mindfulness in Class, Bringing Mindfulness to Life: A Tribute to Charity Scott's Impact on Mental Health and Well-Being in Law School and Legal Practice.

This is how Georgia State University College of Law Professor Charity Scott introduced the concept of mindfulness to numerous law students and lawyers. Aware that her skeptical, mind-driven audience needed a clear definition for a practice that seemed curious, at best, and esoteric, at worst, she immediately gave us the very lawyerly task of "pars[ing] each of these phrases to understand their importance and relevance to the legal profession"2 and applying them to our own experience of studying or practicing law. Using scientific evidence, she described the benefits of mindfulness and then invited us to try it and decide for ourselves. Charity was a superb teacher, who knew how to impart knowledge skillfully, and a brilliant lawyer, who could present and defend her case exceptionally well. In fact, "Charity Scott owned the subject matter so deeply that she was able to engage lawyers who otherwise would never have given the concept of mindfulness any credence in a million years. In a way that's hard to describe, she didn't brook any resistance on the topic and, as a result, was able to move the needle on well-being for lawyers at a time when, as far as I can tell, she was the only one doing the lifting," reflects Lynn Garson, health care attorney and mental health advocate. But I believe Charity Scott's true mastery and impact came from her embodiment of mindfulness itself. In her presence, mindfulness ceased to be a mere concept, but instead became her way of being that illuminated her words and actions, nourished her relationships, and changed lives.

Defining the Discipline: Six Pillars of Academic Success Programming in Law Schools

Defining the Discipline: Six Pillars of Academic Success Programming in Law Schools

Merging the Bench, Bar, and Law Schools: How a Student Scholars Program Achieves Professional Identity Through Scholarly Writing, Mentorship, and Presentation

Merging the Bench, Bar, and Law Schools: How a Student Scholars Program Achieves Professional Identity Through Scholarly Writing, Mentorship, and Presentation

Charity Scott, Bioethics, and Health Law.

As Steve Kaminshine said in his comments at the symposium honoring Charity Scott, I was recruited to come to Georgia State University as a "Law and Bioethics" scholar who had spent more than sixteen years shuttling between an office in a hospital and another in a law school. But when I first visited Georgia State Law, I did not know that more than ten years earlier Charity Scott had spent the better part of an academic year living and breathing clinical ethics at Grady Memorial Hospital.1 Because of her usual habit of immersion in all learning experiences, in that year Charity gained more insight into how hospitals work and how physicians behave when they are knee deep in their professional milieu of life and death decision-making than many full-time bioethics academics do in a career. For the rest of her career Charity kept one foot well planted in the medical context, as an advisor in problems of research ethics, as a teacher in her own medical-legal partnership structured around real-life clinical problems, and as an ethical analyst who could never be accused of mouthing a mantra of phrases, the "vacuous incantation of abstract principles"2 that might pass for bioethics discourse in some circles.

How the Law School Can Succeed - An Invitation

How the Law School Can Succeed - An Invitation

Moving Beyond Statements and Good Intentions in U.S. Law Schools

Moving Beyond Statements and Good Intentions in U.S. Law Schools

<span>Artificial Intelligence for Learning the Law: Generative AI for Academic Support in Law Schools and Universities - Report of Experiments</span>

<span>Artificial Intelligence for Learning the Law: Generative AI for Academic Support in Law Schools and Universities - Report of Experiments</span>

Influence of organizational support on the use of legal databases among lawyers in Ibadan, Oyo State, Nigeria

The emergence of information and communication technology did not exclude the legal profession from its disruptive impact, given rise to the availability of legal databases for legal researches therefore understanding understudying the factors that influences the use of these legal databases is crucial. This study at the organizational level investigated the organizational supports as factor that influences that use of legal databases among lawyers in Ibadan, Oyo State, Nigeria. The study adopted the descriptive survey design. Using Taro Yamane, the study arrived at a sample of 333 out of a population of 2000 lawyers in Ibadan, Oyo State, Nigeria. Questionnaire was used as instrument for data collection. Descriptive and inferential statistics were used to analyze the research questions and hypotheses respectively. The hypotheses were tested using p-values at 0.05 level of significance. The study found a moderate usage (Mean=2.8) of legal databases among lawyers. The test of hypothesis found that organization factors has a positive significant influence on use of legal databases (AdjR 2 =15.3, p=0.001 < 0.05). The study concluded that the place of organization supports in terms of provision of funds, training and retraining, mentoring are inevitable in enhancing quality usage of legal databases for optimum legal researches. It was recommended that law firms, and law schools should increase the frequency and depth of training programmes focused on the use of legal databases. Law firms should establish a training programme aimed at improving the 21st century information literacy skills of lawyers.

Odredbe Mažuranićevog zakona o osnivanju narodnih škola i priprema za narodne učitelje u Kraljevinama Hrvatskoj I Slavoniji i zakonodavni okviri za podsticanje stvaralaštva u obrazovanju

Ivan Mažuranić, a Croatian Ban who reigned from 1873 to 1880, implemented significant reforms in education, administration, and judiciary as part of his political program aimed at providing a modern legal framework for Croatian autonomy. During the second year of his reign, on August 19, 1874, Ban Mažuranić proposed the draft Act on the organisation of public schools and teacher training schools, which was adopted and confirmed by the Austrian Emperor and Hungarian-Croatian King Francis Joseph I on October 14, 1874. This Act is considered to be the first Croatian autonomous school law and one of the most liberal school laws in Europe, establishing schools as secular institutions. While many provisions of that Act remain applicable in today's Croatian educational system, they sparked some serious debates and protests across social classes at the time. A qualitative comparative analysis of this Act and the current Act on education in primary and secondary schools will compare the legislative frameworks for encouraging creativity in education and enabling the autonomous work of teachers. By enacting this law, Ban Mažuranić demonstrated his commitment to fulfilling his election promises. Along with other laws enforced in judiciary and administration, this Act paved the way for the modernization of the former Croatian state, aligning it with European standards of a modern civil state.

«Так нас природа сотворила…»: преступление без наказания? (Ф.М. Достоевский и И.А. Бунин). Статья вторая: «При рождении, что ль, знаки такие есть?»

The article examines the thesis of marginal anthropology as represented by Fyodor Dostoevsky in the novel Crime and Punishment and creatively reinterpreted by Ivan Bunin in the short story “Loopy Ears,” under the influence of the achievements of the Italian school of criminal law. “According to the law of nature,” people are divided into ordinary men and “natural criminals,” the latter identifiable by the atavistic “mark” of Cain. Dostoevsky and Bunin conceptualize the image of the “extraordinary man” differently. Dostoevsky, aiming to show the transformative effect of the “law of Christ” on the individual, nevertheless does not completely debunk the marginal anthropic reality, leaving it “free” in public spaces, thereby potentially “allowing” it to manifest, and it can find its practical and historical confirmation in criminals “by nature” (as in The House of the Dead). Bunin, without doubt or reservations, introduces a “dangerous reality” in the story — a “born criminal”, and endows him with characteristic signs, “stigmata” that are recognizable in the light of criminal anthropology. His appearance in historical life is due not to social circumstances, as researchers claim, but to the laws of atavism. Unlike Dostoevsky, Bunin does not lead his hero to renewal and transformation, but instead plot-wise releases the “born criminal” to freedom, leaving him without punishment. On the other hand, the identification of the “Old Testament code” associated with the “Cain complex” in the works of Dostoevsky and Bunin makes it possible to actualize the eschatological motif of the “second” creation. Historically, the act of the “second” creation is incomplete: culture again and again seeks to correct the onto-anthropological result of the sixth day because Cain comes back again and again to the history of humanity, or maybe he never left. It is necessary to discuss not only Bunin’s polemic with Dostoevsky, but also their detailed exploration of the acute anthropological problem that worried both writers as they sought to unravel the mystery of man, hierarchically related to God and various emerging evolutionary and social anthropic “impurities.”

A Study on Teaching Strategies of Ethics and Rule of Law in Junior High Schools Based on Core Literacy

A Study on Teaching Strategies of Ethics and Rule of Law in Junior High Schools Based on Core Literacy

A New Epoch: Charting India’s Path to Global Arbitration Prominence

The practice of arbitration, in India, traces its origins back to ancient legal systems like the Mitakshara School of Law and further evolved under British colonial enactments, notably the inception of the India Arbitration Act of 1899. This historical continuum has been punctuated by significant developments marked by amendments in 1996, 2015, 2019 and 2021, indicative of India’s unwavering commitment to cultivating a robust arbitration culture. Strengthened by this historical foundation and fortified by British legal influences, India, the world’s fifth-largest economy, harbors the aspiration to firmly establish itself as a global arbitration hub. The development has been gradual and ongoing with various initiatives, reforms and pivotal judicial decisions being implemented. This paper critically scrutinizes India’s potential within the evolving legal landscape, examining its legislative foundation and contemporary ambitions in the global arbitration arena.

"What's Past Is Prologue": The Story of the Sale of the University of Puget Sound School of Law to Seattle University 

"What's Past Is Prologue": The Story of the Sale of the University of Puget Sound School of Law to Seattle University 

ПОСТУЛАТЫ ШКОЛЫ КРИТИЧЕСКИХ ПРАВОВЫХ ИССЛЕДОВАНИЙ (НА ПРИМЕРЕ СОЦИАЛЬНО-ПРАВОВОЙ ТЕОРИИ Р.М. УНГЕРА)

The purpose of the work was to identify and formulate the main provisions, the initial views of supporters of the School of Critical Legal Studies, which have developed in the United States since the 1970s of the twentieth century, through an analysis of the views of one of the activists of the movement of critical legal studies, the Brazilian statesman and jurist Roberto Mangabeira Unger. The objectives of the work include studying the conditions for the emergence and origins of critical legal research, analyzing the methodological basis, studying the works and statements of R. Unger, formulating the postulates of the school of critical legal research and the foundations of R. Unger’s political and legal theory. To achieve the set goal and solve problems, the author uses such general scientific and specific scientific methods as analysis, synthesis, historical, system-structural, comparative methods. In addition, the author's interpretation of R. Unger's views is presented based on the translation of his Englishlanguage works.Results: objective and subjective factors in the formation of the School of Critical Legal Studies have been identified, the connection between the ideas of the school’s supporters and the moderate direction of American sociological jurisprudence and the realistic school of law has been identified, the main postulates of the supporters of critical legal studies have been formulated based on the provisions of the political and legal views of R. Unger. Conclusions: The school of critical legal studies arose on the basis of an understanding of law primarily as a social institution designed to ensure a balance of individual, social and state interests. Like legal realists, representatives of the school tried to demythologize legal phenomena by analyzing the legal life of society. In addition, Unger, appealing to O. Holmes’s views on law as a product of experience, saw the further development of human society through the introduction of new technologies and experiments based on social solidarity and cooperation, when the state and law act as guardians of society and do not limit it progressive development.

Sprawozdanie z XXVIII Międzynarodowej Konferencji Naukowej Jesienna Szkoła Prawa pt. Humanizacja Praworządności, Pieszczany, Republika Słowacka; 10–18 listopada 2023 r.

Report from the XXVIII International Scientific Conference Autumn School of Law entitled Humanization of the Rule of Law, Piešťany, Slovak Republic; November 10–18, 2023

Case Western Reserve University School of Law’s Academy for Inclusive Leadership Development: A New Pedagogy Integrating Diversity, Equity, And Inclusive Belonging Into Legal Education

Case Western Reserve University School of Law’s Academy for Inclusive Leadership Development: A New Pedagogy Integrating Diversity, Equity, And Inclusive Belonging Into Legal Education

Teaching Grassroots Health Law, Policy and Advocacy: Service and Collaborative Learning.

This column describes the history, mission, and work of Saint Louis University School of Law's service-learning course Health Law, Policy and Advocacy: Grassroots Advocacy. Grassroots Advocacy allows law students to work with advocacy organizations on state and federal health policy initiatives, engaging in legislative and administrative advocacy and public education. The course uses community collaboration, community-led advocacy, and collaborative learning to train the next generation of health policy advocates for Missouri and the nation.

Is a partner at Mound Cotton Wollan & Greengrass and Chair of the New York County Lawyers' Association Professional Ethics Committee. BEN MOSKOVITS, a graduate of Benjamin N. Cardozo School of Law, is a Vice President at Morgan Stanley Smith Barney, LLC in New York. The authors thank Daniel Markewich and Michael Stone for reviewing and commenting on an earlier

is a partner at Mound Cotton Wollan & Greengrass and Chair of the New York County Lawyers' Association Professional Ethics Committee. BEN MOSKOVITS, a graduate of Benjamin N. Cardozo School of Law, is a Vice President at Morgan Stanley Smith Barney, LLC in New York. The authors thank Daniel Markewich and Michael Stone for reviewing and commenting on an earlier