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Full-Text Articles in Law

中国法律检索教育新发展, Liying Yu, Ning Han Sep 2017

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 Aug 2015

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 Jan 2015

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 Jan 2014

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 …


When Socrates Meets Confucius: Teaching Creative And Critical Thinking Across Cultures Through Multilevel Socratic Method, Erin Ryan Dec 2012

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

Erin Ryan

This article presents a case study of adapting the Socratic Method, popularized in American law schools, to teach critical thinking skills underemphasized in Chinese universities and group competency skills underemphasized at U.S. institutions. As we propose it here, Multilevel Socratic teaching integrates various levels of individual, small group, and full class critical inquiry, offering distinct pedagogical benefits in Eastern and Western cultural contexts where they separately fall short. After exploring foundational cultural differences underlying the two educational approaches, the article reviews the goals, methods, successes, and challenges encountered in the development of an adapted “Multilevel Socratic” method, concluding with recommendations …


Ensayos Sobre Derecho Comparado Y Constitución, Teresa M. G. Da Cunha Lopes Oct 2012

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 Dec 2011

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 Dec 2010

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 …