Legal Education System Research Articles

From Normative Pluralism to a Unified Legal System in Afghanistan?

AbstractThis paper suggests that Afghanistan’s fractured plural legal system is beginning to show some signs of cohesion and coherence. I briefly describe the aspiration set out in the Constitution of Afghanistan and its mandate to legislators and jurists to harmonize Islamic jurisprudence, the principles of justice, customary norms, and international treaty obligations. I then discuss some of the setbacks, obstacles, and more recent progress that have shaped the journey towards that aspiration. The paper specifically addresses the role of lawyers as they learn to navigate the more coherent landscape and the development and impact of a nascent adversarial system. Finally, the paper addresses the role of customary dispute resolution and the bifurcated legal-education system, and their impact on the development of a more unified legal system.

Professionalism in the legal profession – can you teach it? A phenomenographic study of Irish legal education stakeholders’ perceptions

ABSTRACTThis paper explores the teaching of legal professionalism in Ireland using interview data from the principal stakeholders in the legal profession education system including students (the trainee solicitors). The data was analysed phenomenographically in order to determine the extent to which there was variation in perceptions among these stakeholders as to what professionalism means and how best to teach or instil the notion. The findings indicate diverse perceptions among stakeholders that reflect a lack of shared understanding of professionalism and how to teach or instil professionalism. The study critically discusses the findings in light of relevant literature and concludes that a coordinated approach to understanding and fostering professionalism will help bridge this gap in perceptions and raise professional standards.

Stanford Law School Helps Develop a Strong Legal Education System in Kurdish Iraq

The legal systems of Iraq and its Kurdistan region are characterized by legal pluralism. Despite major legal reforms in recent years, the region’s law school curricula have not kept pace with these reforms and are outdated and impractical. Believing that a legal education system that properly reflects a country’s rapidly evolving legal framework, and wider justice sector needs, is a key ingredient to good governance and the rule of law, Stanford Law School (SLS) launched the Iraq Legal Education Initiative (ILEI), a partnership between SLS and the American University of Iraq, Sulaimani. Operating under Stanford’s Rule of Law Program, ILEI aims to contribute to legal education reform in Iraq through designing legal curricula that critically analyze the country’s post-2005 legal system while emphasizing legal skills development.

Model as a description of the public administration system of the population legal education

On the basis of the analysis of scientific literature, law-oriented models proposed by Ukrainian scientists were determined; their generalization was carried out. The functional model of public administration of legal education in Ukraine has been developed and described its main elements and approaches have been defined.

Инфляция высшего юридического образования: в контексте исследования проблем

Purpose. Change in educational standards and technology of entering high education lead today, with all other results, to deformation of a professional profile of a graduate of a university. The practice of transition to a three-tier system of higher education (bachelor’s, master’s, post-graduate) and, in turn, the rejection of a specialty, testifies to the intention of government institutions to form a qualitative model of stage-by-stage vocational education. At the same time, individual components of the general educational function of the state are neglected: the ratio of the number of professional programs in higher education institutions and their pedagogical potential, the level of qualification skills of the teaching staff, the interrelationship of production and higher education institute. Methodology: dialectics, formally legal method, synthesis, analysis, economic-legal and psychological-legal methods. Conclusions. Firstly, in spite of the changes in educational policy in line with the market economy, the transition to the Bologna (European) standards, the introduction of other innovations and rules, the result does not agree with the expectations of the society and the demands of employers. Here you can observe the transition from the real quality of education to the number of graduates of law schools with conditional superficial knowledge, which can be designated as inflation of higher legal education. Secondly, the state must propose to the society the variability of the implementation of educational policy in this way guarantee the citizen the opportunity to use the dynamics and efficiency in the selection of advanced, promising forms of pedagogical and scientific activity. From this perspective, government agencies should continue letter of accreditation and other monitoring arrangements in relation to universities that accomplish training legal personnel (judicial personnel) to the subject of compliance quality characteristics and prospects of operation. Thirdly, concernment causes socio-legal status of high school teacher starting from the level of remuneration of labour, respect for this category of blackcoated proletariat from the society as a whole, ending with condition of legal guarantee of the rights, legitimate interests of this group of people and also availability of corresponding privileges and preferences. Scientific and practical significance. Undertaken study allows defining inflationary processes in the sphere of higher legal education as a scientific novella, which makes it possible to understand strategic miscalculations in educational policy. The authors sure that weakness and destructive tendencies in the development of the system of higher legal education could reduce the efficiency of the functioning of the public authority system and organizational management behaviour of non-governmental structures. The conclusions of this study can be used to change (reform) the general architecture of educational policy, to discuss its parameters at the level of scientific seminars and conferences.

ABOUT DEVELOPMENT OF THE NATIONAL SYSTEM OF LEGAL EDUCATION IN THE FIELD OF INTELLECTUAL PROPERTY

The article is devoted to research of the state of the national system of legal education in the field of intellectual property. The stages of national strategy forming of study of intellectual property and right of intellectual ownership are certain in higher educational establishments. The problem aspects of the legislative adjusting are exposed in this sphere. Directions of further development of the national system of legal education are offered in the field of intellectual property, in particular, by introduction for a study students «Master’s degree» of educational discipline «Commercialization of intellectual ownership rights». It is grounded, that legal education must provide preparation of specialists, capable at high professional level to apply knowledges and abilities, necessary for development of innovative model of development of modern economy, effective realization and defence of rights on the objects of intellectual property in practice. It is grounded, that the system of education must provide the deep study of different aspects of realization and defence of intellectual ownership rights. Actual for speciality «Jurisprudence» and other specialities becomes a deep study along with a base course «Right of intellectual ownership», «Intellectual property» for students «Bachelor’s degree», also and separate educational discipline «Commercialization of intellectual ownership rights» for students «Master’s degree». The study of this discipline will allow graduating students to be ready to the successful decision of tasks in the field of intellectual property, which are put before every producer in the conditions of innovative economy, based on the effective use and defence of intellectual ownership rights. The purpose of study of course of commercialization of intellectual ownership rights is forming of jurisdictions, necessary for understanding of theoretical knowledges students about the legal adjusting of commercialization of intellectual ownership rights, methods and legal forms of commercialization of intellectual ownership rights, receipts of practical skills and abilities in relation to the features of realization of rights on the objects of intellectual property, mechanism of defence of these rights.

Edukacja prawnicza w Polsce i Chinach

The article concerns the current system of legal education in Poland and China. It presents the main factors that have an influence on status quo of both systems – the matters of their historical evolution, cultural attitude of society and the political system. The author points already existing cooperation within the scope of legal education of China and western countries, considering also about the future of potential cooperation of Polish and Chinese law faculties.

Wykształcenie prawnicze w Niemczech

In the article there is described the legal education system in Germany. The aim of this article is to bring this system closer to the students and to the practitioners. The focus was mainly on the description of university education, state exams, applications, grading scale. There is discussed the method of solving the cases and the check of claim verification. The article describes legal professions in Germany and conditions that must be fulfilled in order to practice a given legal profession. Attention was also paid to postgraduate studies LLM at German universities. Legal education should combine the elements of theoretical knowledge with the practical application of acquired knowledge in practice. Legal education in Germany very well combines these two elements. The article was created in connection with a series of lectures for Ukrainian students at the Taras Shevchenko National University in Kiev in Ukraine.

EXPOSING THE TRUE ARGUMENT, A STUDENT’S RESPONSE TO DR WILLEM GRAVETT: ‘PERICLES SHOULD LEARN TO FIX A LEAKY PIPE’*

The purpose of this article is not to come to the defence of the individual academics that Gravett has decided to criticise, for they can surely defend themselves. I wish only to make clear the importance of the work they are doing as a way to point critics of the current system away from their colleagues and onto the legal education system at large, which is the real obstacle standing in the way of Trial Advocacy. This article superficially only argues that the there is no real threat to a destruction of the antithesis between theory and practice and that few oppose this position. Subsequent articles will hopefully answer to the underlying concerns Gravett poses to the critical thinking, constitutionalism and transformative constitutionalism are possibly breaking down the rule of law etc; WH Gravett ‘Pericles should learn to fix a leaky pipe — Why trial advocacy should become part of the LLB curriculum (Part 1)’ (2018) 21 Potchefstroom Electronic Law Journal (PER/PELJ) at 4.

Legal education in the Czech Republic

The article deals with the system of legal education in the Czech Republic. It briefly describes four public law schools and their history. It also analyzes basic study programmes which are provided by these law schools. The third part of the article describes the main legal professions and their prerequisites.

Legal education in Lithuania

The paper analyzes the system of legal education in Lithuania. It provides a short historical overview and recent developments in this area. On the one hand, higher education institutions try to implement main goals of the Bologna Process and to provide two-cycle studies in the field of law. On the other hand, there are still very strong ties to the traditional one-stage model of legal studies. Thus, universities try to combine both these models and offer both two-stage and one-stage studies. In such a situation students are given an opportunity to choose the model they prefer. The paper gives an insight into the programs of studies offered by the universities in Lithuania. The last thing discussed in the article is the issue of securing quality of legal studies.

Legal Clinics and Access to Justice in Croatia: Perspectives and Challenges

In this article, I dwell upon the Croatian system of free legal aid in civil and administrative matters. The background of the system, its problems and deficiencies are firstly discussed. Primary attention is on the legal framework for legal clinics, their position within the system of legal education, the importance of their role within the system of free legal aid, types of legal assistance that legal clinics can provide and the way they are obtaining financial support for their operations. We shall also try to foresee the future of Croatian clinical legal education under the present normative scheme and propose some steps that, we firmly believe, have the actual capacity to promote further development of clinical legal education within the system of free legal aid.

Role of Clinical Legal Education in Social Justice in Nigeria

Very few faculties of law in Nigerian universities that offer law programme have established law clinics that offer live-client services to the public as part of their legal education training. Across the border, clinical legal education is gaining more popularity by the day as a tool to imbibe the necessary skills in students to become sound legal practitioners. This article assesses the impact of law clinics on the skills of law students to enable them handle effectively the demands of the legal profession. The article analyses the correlation between law clinics that provide services to live clients and the skills acquired vis-à-vis the performance of student clinicians. The article recommends the need to integrate live-client law clinics into the mainstream legal education system in Nigeria.

Primer on the Cuban Legal System

The Cuban legal system is a unique blend of many historical influences and political theories. With the reestablishment of diplomatic relations between the United States and Cuba in 2015 and the easing of travel restrictions between the countries, the number of U.S. attorneys and law students visiting Cuba has grown exponentially. Interest in the Cuban legal system has likewise increased dramatically, but little current information about the Cuban legal system is available in English. This article provides an overview of the structure of the Cuban government and its legal system that will be useful to lawyers and law students preparing to visit or do business in Cuba. It also provides background regarding the profession of law in Cuba, including information regarding the legal education system. Finally, the article provides brief summaries of a few selected areas of law to give a general sense of Cuban civil and criminal law and procedure and draws some comparisons between the U.S. and Cuban legal systems.

Social Entrepreneurs and the Management of the Regulatory State: The Latent Need for an Updating of Law School Curricula

Presentation to the Southeastern Association of Law Schools (SEALS) 2017 Annual Conference; Discussion Group: Educating Citizens on Rulemaking, Administrative Hearings and Other Administrative Procedures, August 4, 2017. The legal profession is the discipline which establishes the rules for the management of the regulatory state although they have been augmented in recent years by members of the economics profession. A number of scholars outside the legal profession have concluded that the early advances of the United States in the management of the regulatory state are now second to advances made by other nations. The deficiencies in the management of the regulatory state are directly attributable to deficiencies in the legal education system. In response to these deficiencies, the Center for Regulatory Effectiveness (CRE) embarked upon an initiative to revise and update law school curricula.

EL NUEVO PARADIGMA UNIVERSITARIO DE ACCESO UNIVERSAL: SU ORIGEN, CARACTERÍSTICAS Y ALCANCES EN RELACIÓN A LA ENSEÑANZA DEL DERECHO

This paper claims that from a theoretical perspective the new university model of universal access infl uences the way in which law is taught and learned. This infl uence has been well perceived by theorists of the Anglo-American sphere within their university systems. From the 70’s onwards they have shown that the need for change and the risks it poses is a consequence of the pressure placed on the legal education system by issues related to diversity, retention rates, graduation and the link between theory and practice. This tension has gradually expanded through the West, including Chile. Therefore, the description and analysis of the current state of the subject presented in this paper can help us to understand the opportunities, challenges and risks of legal education within the new university paradigm.

Reforming Legal Education through Clinical Pedagogy: Legal Education in Palestine

This article introduces the modern legal education scene in Palestine, by sharing the experience in setting up and running the clinical programmes of Hebron University. The article pursues a comparative approach by reviewing models of successful clinical programmes in various countries and by shedding light on the existing clinics at Hebron University. It warns, however, that despite achievements, the future of clinical pedagogy in the country remains uncertain. It may take years for clinics to build a solid base within the legal education system. Law schools have yet to develop a clear place for clinics within the curricula. The writer argues that the capacity of clinics to advance legal education, complement the apprenticeship stage, strengthen the legal profession and become a legal aid provider is unbounded. Building a coherent clinical system that is parallel to the systems of professional training, law practice and legal aid will require other reforms.

A Legal Education and Judge Selection System in South Korea - A Critique and Suggestion

A Legal Education and Judge Selection System in South Korea - A Critique and Suggestion

Training of Highly Qualified Personnel in the System of Legal Education: Experience in Sociological Research

Training of Highly Qualified Personnel in the System of Legal Education: Experience in Sociological Research

Training of Highly Qualified Personnel in the System of Legal Education: Experience in Sociological Research

Training of Highly Qualified Personnel in the System of Legal Education: Experience in Sociological Research