Law Commons^™

Translation: The Korean Bar Association's Code Of Ethics For Attorneys, Wonji Kerper, Changmin Lee

Washington International Law Journal

No abstract provided.

Legal Education In The United States: Moving Toward More Practical Experience, Hon. Sandra R. Klein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.

中国法律检索教育新发展, Liying Yu, Ning Han

Ning Han

本文通过问卷调查揭示中国法律检索教学领域的最新状况和发展趋势。该调查是作者2008年调查的继续，以期发现近年来国内该项教学的进展和变化。作者希望以中美法律图书馆员的视角对中国法律检索教学中诸如课程设置、教学方式、学分、考核评估等方面进行具体观察和分析；同时，对法律职业与法律教育者之间的反馈系统、学生对法律检索能力的认知、全国性指导标准等相关方面也有涉及。文章指出，当前，中国法律检索教学局限与机遇并存，特别是伴随信息与数据时代对社会经济文化的全面影响，中国法学教育改革适逢其时，法律检索教育也会不可避免地提到议事日程。而且，作者乐观地认为，中美法律图书馆员在其中的积极与促进作用也是无可替代的。

International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor M. Dias

Vitor M. Dias

No abstract provided.

A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner

James R Maxeiner

Conventional wisdom holds that the United States is a common law country of precedents where, until the 20th century (the “Age of Statutes”), statutes had little role. Digitization by Google and others of previously hard to find legal works of the 19th century challenges this common law myth. At the Centennial in 1876 Americans celebrated that “The great fact in the progress of American jurisprudence … is its tendency towards organic statute law and towards the systematizing of law; in other words, towards written constitutions and codification.” This article tests the claim of the Centennial Writers of 1876 and finds …

The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson

Hillary A Henderson

Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …

Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar

Indiana Journal of Global Legal Studies

Legal education plays an important role in developing lawyers who act as social engineers and work towards the cause of nation building. In a globalized world, law schools face the challenges of increased foreign competition and reduction of the role of the state. At the same time, globalization affords space for re-examining higher education systems by affording opportunity for establishing global universities with international collaborations and programs. This article examines the role of law schools in India and proposes reforms in Indian legal education system in the light of globalization. It examines how the private sector in India can contribute …

When Socrates Meets Confucius: Teaching Creative And Critical Thinking Across Cultures Through Multilevel Socratic Method, Erin Ryan

Erin Ryan

Ensayos Sobre Derecho Comparado Y Constitución, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

No abstract provided.

The Importance Of Comparative Law In Legal Education: United States Goals And Methods Of Legal Comparisons, Hugh J. Ault, Mary Ann Glendon

Hugh J. Ault

This Essay discusses the gradual changes occurring within legal education, which are finding wide acceptance in law schools throughout the United States. These changes include greater attention to other disciplines, primarily economics and behavioral sciences, and the contributions they make to a fuller understanding of the legal system. In addition, law schools are increasingly exploring the ways in which the law in textbooks may differ from the law in action. Nearly every law school, therefore, is seriously investigating the social and economic background of legal rules and their consequences through clinical legal education, which attempts to provide a real or …

America Giveth, And America Taketh Away: The Fate Of Article 9 After The Futenma Base Dispute, Allen P. Mendenhall

Allen Mendenhall

This Article considers how the Obama administration’s policies toward Japan implicate Article 9 of the Japanese Constitution. More specifically, it argues that the Futenma base dispute (as it has come to be known) jeopardizes the very existence of Article 9 by threatening to render it moot and by expanding the already expansive interpretations of Article 9. Part I provides a brief history of the Futenma base dispute during the Obama years, and Part II explains the effects of the Futenma base dispute on Article 9. More specifically, Part II contextualizes the Futenma issue by way of the legislative and judicial …

A Path Not Taken: Hans Kelsen's Pure Theory Of Law In The Land Of Legal Realists, D. A. Jeremy Telman

Law Faculty Publications

This Essay is a contribution to a volume on the influence of Hans Kelsen’s legal theory in over a dozen countries. The Essay offers four explanations for the failure of Kelsen’s pure theory of law to take hold in the United States. Part I covers the argument that Kelsen’s approach failed in the United States because it is inferior to H. L. A. Hart’s brand of legal positivism. Part II discusses the historical context in which Kelsen taught and published in the United States and explores both philosophical and sociological reasons why the legal academy in the United States rejected …

Peasants, Tanners, And Psychiatrists: Using Films To Teach Comparative Law, Joseph W. Dellapenna

Working Paper Series

Films have proven to be a useful teaching tool for a course on Comparative Law. The films serve to introduce the class to the look and feel of legal proceedings from selected foreign legal systems and to illustrate particular aspects of how these legal proceedings differ from our own. The article summarizes the results of more than 10 years of experience in using films. It will be of interest to others who teach Comparative Law and also to lawyers, judges, and students who want a video means of oriented themselves to foreign legal traditions. The article discusses the limitations of …

The Bologna Process And Its Impact In Europe: It's So Much More Than Degree Changes, Laurel Terry

Faculty Scholarly Works

The Bologna Process is a massive, multi-year project designed to create the "European Higher Education Area" by the year 2010. it began ten eyars ago, when four European Union (EU) countries signed a relatively vague declaration. It has grown to include forty-six countries, including all of the EU Member States and nineteen non-EU countries. The Bologna Process countries have agreed on ten "action lines" for restructuring European higher education. These action lines are nothing short of revolutionary - they address everything from a three-cycle degree system (e.g., bachelor-master's-doctorate degrees), European-wide quality assurance efforts, mobility of higher education students and staff, …

Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry

Faculty Scholarly Works

The Bologna Process is a dramatic development that is less than ten years old, but already it has significantly reshaped higher education in Germany and in Europe. This article is based on my research regarding the history and objectives of the Bologna Process and Bologna Process implementation in Germany. It contains my reflections about the Bologna Process and German legal education and my recommendations to the German legal education community.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Reconceptualising Legal Education After War, Christopher P. Waters

ExpressO

This paper considers the impact of war on legal education and assesses the contributions of legal education to post-conflict reconstruction and reconciliation.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Economic Analysis Of Law And Economics, Oren Gazal-Ayal

ExpressO

The academic world is wonderful. Like few other professionals, we can choose what we want to do and what questions we think are important, which in our line of work means choosing what topics we want to research. But what influences our choices? This paper examines what drives scholars to select Law and Economics (L&E) as a topic for research. It does so by implementing the methodology of many L&E papers – by assuming that regulation and incentives matter.

Legal scholars face very different academic incentives in different parts of the world. In some countries, the academic standards for appointment, …

When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise

ExpressO

The first part of the article reviews the principal differences in the two systems as it affects trial procedure. The article then reviews those aspects of accusatorial trial proceedings that caused the greatest degree of discomfort to the foreign lawyers. Finally, the article attempts to posit a few recommendations that should help not only to ease the transition process but also to anticipate the next level of procedural and substantive obstacles.

When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise

ExpressO

"When the Inquisitorial and Adversary Systems Collide: Teaching Trial Advocacy to Latin American Lawyers" The first part of the article reviews the principal differences in the two systems as it affects trial procedure. The article then reviews those aspects of accusatorial trial proceedings that caused the greatest degree of discomfort to the foreign lawyers. Finally, the article attempts to posit a few recommendations that should help not only to ease the transition process but also to anticipate the next level of procedural and substantive obstacles.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

The New Japanese Law Schools, James R. Maxeiner

ExpressO

Japan is in the process of implementing a comprehensive reform of its justice system. At the heart of the reform is a complete overhaul of the system of legal education. The new system is intended to increase substantially the number of lawyers in the country. On April 1, 2004 as many as 72 new law schools are to come into existence. Japanese legal education is shifting from a German-inspired law faculty approach to an American-style law school system. Based on first-hand observations, this article discusses the present and future system of Japanese legal education with reference to its foreign counterparts.

As I Was Saying....A Selection Of Lectures And Informal Talks On Law And Universities And The Communities That Usually Tolerate And Sometimes Support Them, William Burnett Harvey

Historic Documents

A 349 page collection of talks and recollections compiled by former Indiana University School of Law Dean, William Burnett Harvey. The collection is broken down into four parts: Reflections on the Rule of Law, The African Experience, Reflections on Education, Universities and Law, and Miscellaneous Musings.

Two appendixes are included. The first is a bibliography, and the second is two narrative accounts of Harvey's time in Ghana and his final years at Indiana University during the turbulent 1960s.