Journal articles on the topic 'Academic legal writing'
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Łuczak, Aleksandra. "SCAFFOLDING THE WRITING COMPONENT OF THE ENGLISH FOR LAW SYLLABUS AT UNIVERSITY." Studies in Logic, Grammar and Rhetoric 34, no. 1 (October 1, 2013): 93–111. http://dx.doi.org/10.2478/slgr-2013-0025.
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Abstract The present paper is intended to be a practical guide for teachers who need to run writing for law classes for pre-experienced law students with no or little experience of academic or legal writing. It provides the teachers with advice on how to teach students to draft modern documents by sequencing and selecting the content that reflects the needs of practising lawyers. It shows how legal writing stems from academic and general writing. Overlapping or common elements of academic and legal writing are identified and sequenced in order to create an introductory base for writing for legal purposes. Types of texts that lawyers draft have been selected and used as the scaffold- ing for writing tasks specially designed to suit the students’ proficiency and expertise.
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Mohd Zain, Muhamad Ikhwan bin, Nur Ezan Rahmat, Mohd Naqiuddin Zulkarnain, and Shipra Awasthi. "Plagiarism of Academic Writing in Malaysian Universities: A legal analysis." Environment-Behaviour Proceedings Journal 6, no. 16 (March 28, 2021): 197–202. http://dx.doi.org/10.21834/ebpj.v6i16.2709.
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Plagiarism is not a recent issue as it has existed for a long time, especially within the academic world. The study aims to examine the applicable laws in Malaysia relating to plagiarism from the academic's perspective by referring to India as the benchmark jurisdiction. The findings have shown that there are no standard policies for all educational institutions in coping with plagiarism. Therefore, it is recommended that the Malaysian government needs to address the gap in current regulations by having uniform legislation for all institutions on that particular academic misconduct on plagiarism. Keywords: Academic Plagiarism; Research Plagiarism Misconduct; Plagiarism Policy eISSN: 2398-4287© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v6i16.2709
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Robson, Ruthann. "Law Students as Legal Scholars: An Essay/Review of Scholarly Writing for Law Students and Academic Legal Writing." CUNY Law Review 7, no. 1 (April 1, 2004): 195. http://dx.doi.org/10.31641/clr070106.
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Crocker, Angela Diane. "No Silver Bullet For Poor Legal Writing Skills - Hard Lessons From the Front Lines in the Battle Against Academic Disadvantage in a South African Law School." Potchefstroom Electronic Law Journal 21 (February 2, 2018): 1–27. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a1368.
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Many first-year students in the School of Law at the University of KwaZulu-Natal, Howard College, who have been disadvantaged by a poor primary and secondary education, exhibit poor legal writing skills. Over a period of four years, in order to address this urgent need for legal writing instruction, the School of Law introduced two successive legal writing interventions. The first intervention was the Concise Writing Programme, followed by the Integrated Skills in Context Programme. The Concise Writing Programme focused on English writing skills and grammar, in the hope that first-year law students would be able to transfer these generic writing skills to the more specific legal discourse within which they were learning to operate. The Law School reviewed the success of this initial programme and found that students who took part in the programme not only lacked the motivation to learn generic English writing skills, but that they also did not find it easy to transfer these skills to the more specific legal writing environment. The Law School then implemented a second legal writing intervention – The Integrated Skills in Context Programme. This programme acknowledged the fact that legal writing has a multi-faceted nature, encompassing legal analysis and application, as well as logical sequencing and argument, all of which could not be taught in a vacuum, particularly when most of the student base was largely unfamiliar with any form of legal discourse and many had English as a second language. This paper recognises that there is no silver bullet to improving the legal writing skills of these students. The reality is that it will take hard work as well as financial incentives to make a difference to these students’ legal writing skills. Our students need intensive one-on-one attention by qualified academics, and this means that those doing the fighting must be recognised and adequately compensated.
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Luhach, Suman. "Recreating Discourse Community for Appropriating HOCs in Law Undergraduates’ Academic Writing." IAFOR Journal of Education 8, no. 4 (November 27, 2020): 151–70. http://dx.doi.org/10.22492/ije.8.4.09.
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Like any other discipline, academic writing is equally crucial for law undergraduates to master. Project reports, argumentative essay writing on current socio-legal affairs and research paper writing comprise requisites in academia for law learners. Students’ appropriation of higher order concerns in academic writing is a major challenge for teachers, as the physical classroom discourse community is typically passive and does not give enough opportunities to students to think critically about their writing processes. The teacher is expected to provide feedback to students on their writing, which often leads to the creation of only one feedback centre, restriction of the scope for varied perceptions and formation of multiple small discourses where the teacher is the central point of reference in every discourse. Consequentially, students can fail to develop self/peer-critiques in the ongoing discourse. The present paper has its focus on the recreation of discourse communities using a learning management system at the Law School, Bennett University, India, to promote peer-to-peer learning for honing higher order concerns in academic writing. The paper investigates how law students behave whilst interacting in a recreated online discourse community, benefit through peer feedback, and enhance their knowledge of the academic writing genre of argumentative essays, its subject matter and rhetoric involved. The methodological triangulation of pre-test/post-test analysis, student survey and conceptual content analysis of students’ interaction transcripts support recreation of online discourse communities in academic writing instruction.
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Shniger, D. O. "Legal Writing, Design and Aesthetics in Legal Education: The Results of the Scientific and Practical Seminar (April 10, 2021)." Actual Problems of Russian Law 16, no. 8 (September 4, 2021): 207–12. http://dx.doi.org/10.17803/1994-1471.2021.129.8.207-212.
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The paper provides an overview of the scientific and practical seminar "Legal Writing, Design and Aesthetics in Legal Education" held on April 10, 2021 within the framework of the 8th Moscow Legal Forum at Kutafin Moscow State Law University (MSAL). The paper summarizes the speeches of the participants. The importance of legal design at the present stage of legal education development is emphasized. It is concluded that legal design helps to improve this form with regard to maximum respect and attention to the person, which is the essence of design thinking. Legal design is not about embellishing documents and is not intended to make the document catchy or unusual. Primary in relation to legal design is legal writing, the skills that all students must be taught. It is noted that at MSAL within the framework of a strategic academic unit specially created as part of the Department of Business and Corporate Law (MSAL) a soft skills training program is to be introduced starting from the 2021/2022 academic year. There, in the form of a master class practicing lawyers will teach students the skills of writing and negotiating, judicial rhetoric, and the basics of personal brand development.
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Safonova, M. A., and A. A. Safonov. "Managing Co-Authorship as a Competence of Academic Writing: Organizational and Legal Points." Vysshee Obrazovanie v Rossii = Higher Education in Russia 29, no. 5 (June 4, 2020): 73–84. http://dx.doi.org/10.31992/0869-3617-2020-29-5-73-84.
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Working on projects in co-authorship rather than individually is becoming an increasingly attractive option for many members of the Russian academic community. The reasons lie in the fact that collaboration allows reducing administrative, financial, and temporal expenses. For instance, the recent events concerning the coronavirus require prompt and effective methods of exchanging data to publish works on medicine and microbiology, without arousing any disputes of an organizational or legal kind. Embracing a broad area of linguistic and cultural knowledge, academic writing can also intend to develop people’s awareness of such problems as models of co-authorship, horizontal and vertical types of academic co-operation, functions assigned to members of collaborative groups at different stages of writing and publishing a text, whole ownership and that of individual contributions. The ambiguous interpretation of the concept ‘creative contribution’ provided by the Civil Code of the Russian Federation often impedes cooperation among co-authors, which demonstrates the need to consider legal and organizational points concerning co-publications in academic writing courses, the goal being to prevent future co-authors from potential conflicts and assisting them in managing their work efficiently.
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Pradhana, Ryan Surya. "AUTONOMY OF FINANCIAL MANAGEMENT AT STATE COLLEGE WITH LEGAL ENTITY." Jurnal Hukum Peratun 4, no. 2 (August 31, 2021): 171–90. http://dx.doi.org/10.25216/peratun.422021.171-190.
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After promulgation of The Law of Republic Indonesia No. 12 Year 2012 on Higher Education, State College with Legal Entity (PTN-BH) has an authority to conduct its own institutional management which is not only academic autonomy, but also non-academic autonomy too, where that financial management autonomy is included. For this reason, this paper was made in order to examine the extent of financial management autonomy in PTN-BH. The writing method used in this research is a normative juridical approach using a statutory approach and a conceptual approach. This paper uses the legal-normative method, namely an approach based on legal materials by examining concepts, theories, legal principles, and legislation, as well as literature related to writing. It is found in this writing that the PTN-BH’s autonomy of financial management is distributed by delegation authority scheme based on PTN-BH statute. One of critical point from the regulation is the separation of PTN-BH’s wealth of the country’s wealth which is cause a genuine legal concequences on various aspect.
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Mohd Zain, Muhammad Ikhwan, Nur Ezan Rahmat, and Mohd Naqiuddin Zulkarnain. "A Legal Perspective on Academic Plagiarism of Research Writing in Malaysian Universities." Malaysian Journal of Social Sciences and Humanities (MJSSH) 6, no. 7 (July 10, 2021): 282–92. http://dx.doi.org/10.47405/mjssh.v6i7.844.
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Plagiarism is acknowledged as dangerous, especially when academicians are accused of being engaged in malpractice in publishing their research papers. The increased amount of online access to research led to academic dishonesty and plagiarism rising in higher learning institutions. It is challenging to balance the academic and public interest demand with the intervention of globalisation in education, which introduces the hegemonic world ranking universities. Plagiarism has resulted in the unoriginality of research outputs which can affect the knowledge in the future. It also resulted in the academicians abusing their honour while writing research papers in whatever discipline of knowledge. This is a severe problem that needs a quick reform to the legal framework. From the qualitative data, the study believes that by having a proper provision relating to plagiarism in the legal framework, especially for the academicians, plagiarism cases in the educational institution may be reduced. The current existing policies and guidelines should be inserted directly into any relevant Act or rules and regulation to be imposed on the parties involved. The government needs to produce a fair and standard provision on plagiarism in dealing with the weaknesses or loopholes in the educational institution policies and regulations for academic integrity to be upheld.
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Spencer, Rachel. "Private Lives: Confronting the inherent difficulties of reflective writing in clinical legal education." International Journal of Clinical Legal Education 21, no. 2 (November 5, 2014): 177. http://dx.doi.org/10.19164/ijcle.v21i2.387.
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<p>The use of reflective writing has long been recognised as an important component of clinical legal education pedagogy. However, current literature about reflective writing exposes a gap about student perceptions of reflective writing.</p><p>This article provides an analysis of the results of formal qualitative research that was conducted into student perceptions of reflective writing in the clinical legal education context. The research was designed to investigate whether students perceived any benefit from reflective writing and what difficulties they actually encountered in the process of writing which is particularly different to other forms of academic assessment. The article explores the exact nature of the difficulties experienced by students and suggests an improved pedagogy of reflective writing in the clinical legal education context. The article offers several suggestions and recommendations as to how this might be achieved.</p>
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Yongo, Cecil. "Building an African Academic Law Journal: Some Reflections." Strathmore Law Review 3, no. 1 (June 1, 2018): 73–84. http://dx.doi.org/10.52907/slr.v3i1.103.
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The Strathmore Law Review (SLR) enters its third volume this year. In this short non-academic essay, the author charts the path that the SLR has taken, discussing the underlying principles behind some of the important decisions made, as well as the lessons drawn from the first two years of publishing. The essay also broaches some of the critical issues in legal-academic writing today. Eventually, its insights aim at playing a role, however small, in helping decisionmakers create and facilitate better quality legal academic publications touching on African issues.
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Breeze, Ruth. "Lexical bundles across four legal genres." International Journal of Corpus Linguistics 18, no. 2 (September 27, 2013): 229–53. http://dx.doi.org/10.1075/ijcl.18.2.03bre.
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Legal language is often said to be formulaic, but little research is available on the nature of frequently occurring sequences of words in different legal genres. This article investigates the lexical bundles found in four legal corpora: academic law, case law, legislation, and documents. Major differences are brought to light between the type of bundles that are found, and the roles they have in the text. Academic legal writing uses relatively little formulaic language. Case law uses noun phrase bundles relating to agents, documents and actions, as well as many extended prepositional phrases. Legislation and documents contain many noun phrase bundles, and verb phrase bundles with a deontic or referential function. The function of these different types of bundle as parts of a schematic frame or as slot-fillers is discussed.
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Lee, Eric Yong Joong. "Legal Editology and Publication of Scholarly Law Paper: How to Translate Academic Stimulus into Creative Legal Writing?" Journal of East Asia and International Law 13, no. 2 (November 30, 2020): 277–306. http://dx.doi.org/10.14330/jeail.2020.13.2.03.
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Spencer, Rachel. "‘First they tell us to ignore our emotions, then they tell us to reflect’: The development of a reflective writing pedagogy in clinical legal education through an analysis of student perceptions of reflective writing." International Journal of Clinical Legal Education 21, no. 2 (November 5, 2014): 139. http://dx.doi.org/10.19164/ijcle.v21i2.386.
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<p>The use of reflective writing has long been recognised as an important component of clinical legal education pedagogy, not least because it provides an important link between the twin pillars of CLE. However, current literature about reflective writing exposes a gap about student perceptions of reflective writing.</p><p>This article provides an analysis of the results of formal research that was conducted into student perceptions of reflective writing in the clinical legal education context. The research was designed to investigate whether students perceived any benefit from reflective writing and what difficulties they actually encountered in writing in a way that is particularly different to other forms of academic assessment.</p><p>This article focusses on student perceptions of the benefits of reflective writing. A further aim of the research was to develop an improved pedagogy of reflective writing in the clinical legal education context. The article concludes that students perceive limited benefits from reflective writing and offers several suggestions and recommendations as to how this limited perception might be enhanced.</p>
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Collier, Richard. "Blackstone’s Tower Revisited." Amicus Curiae 2, no. 3 (June 16, 2021): 474–500. http://dx.doi.org/10.14296/ac.v2i3.5311.
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The years since the publication of Blackstone’s Tower have witnessed an explosion of international scholarship on university law schools and legal academics. More recently, the UK, as elsewhere, has seen the emergence of a distinct interdisciplinary body of work termed ‘critical university studies’ seeking to explore multifarious dimensions of what has been widely termed the marketization of universities and their law schools; a process well under way by the time Blackstone’s Tower first appeared but which has since gathered pace. This article will explore the nature of these changes and, more specifically, assess their impact on a subject that has itself become the focus of increasing political and policy debate across the higher education sector over the past decade; the wellbeing and mental health of those who inhabit the contemporary university.
Focusing specifically on legal academics, the subject of a growing body of recent research, the article will chart both changes and continuities that have occurred within understandings of legal academic wellbeing since Blackstone’s Tower was published; and, interweaving a discussion of the impact of the global pandemic of 2020 on wellbeing in university law schools, taking place at the time of writing, consider how Covid-19 is reshaping our understandings both of the ‘private life’ of the law school, as discussed by Fiona Cownie, and of legal academic wellbeing as a focus of socio-legal study.
Keywords: legal academics; wellbeing; mental health; UK universities; legal profession; marketization; critical university studies.
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Fki, Najla. "The law review paper between the Kingdom of the law and the realms of academia: A systemic functional analysis of adverbial clauses." Discourse and Interaction 15, no. 1 (July 7, 2022): 5–28. http://dx.doi.org/10.5817/di2022-1-5.
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Legal discourse has long been classified among those genres that defy generic changes the most (Gocić 2012). Recently, however, hybrid legal genres have been challenging this generic stability by imposing their own norms to coin a novel kind of ‘legal culture’ (Goźdź-Roszkowski 2011: 11). The law review article is a case in point for it combines both legal and academic standards of writing which make it “far richer in intertextuality and interdiscursivity” (Bhatia 2006: 6) than the traditional set of legal genres. This generic subversion can be traced in the lexico-grammatical choices made by the authors to turn their papers into influential legal sources rather than mere descriptions of the law. In this context, this study aspires to scrutinize the use of adverbial clauses as one specific lexico-grammatical choice in a corpus of 44 accredited law review papers with the aim of showing how this hybrid genre strives to evolve beyond the stagnation of what is termed ‘language of the law’. Specifically, a Systemic Functional Linguistics analysis of the semantic, structural and thematic uses of these structures is conducted to demonstrate how the hybridity of contexts in a single genre can make for unprecedented generic breaches. The quantitative and qualitative analyses revealed an uneven distribution of adverbial patterns in favor of non-finite purpose and finite condition, concession and reason clauses. Additionally, the positional distribution of these patterns is manipulated whenever the need arises to hedge claims as a form of allegiance to the communal demands of the law and academia. These choices are found to comply with the authors’ needs to balance both legal and academic rituals of writing while observing at the same time their personal needs to be highly acclaimed as legal scholars and to “publish or perish” (Christensen & Oseid 2008: 1).
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Francis, Mary Anne. "Defending academic freedom: Arts and Humanities research as constrained writing." Arts and Humanities in Higher Education 19, no. 2 (November 19, 2018): 207–24. http://dx.doi.org/10.1177/1474022218811617.
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This article notes that while there is a large literature lamenting increasing assaults on academic freedom, there is little literature to address ways in which it might be preserved. Sampling that writing, it finds some concern with protecting academic freedom in extreme scenarios, via discrete programmes, and generalised dissidence, but no discussion of determinate action applicable to all Arts and Humanities research. Defining academic freedom via the UK’s legal framework and elaboration in Judith Butler’s writing, the article inventorises significant assaults in recent times, noting the roles of government and the market in such. Following the literature review, it proposes a new, interventionist tactic for preserving academic freedom, suggesting that undue constraints should be annotated when research is written up, and that this space should also be used to suggest constructive alternatives. This strategy is demonstrated as the article acknowledges some of the constraints on its own production and suggests redress.
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Fisher, Talia. "Force and Freedom: Can They Co-exist?" Canadian Journal of Law & Jurisprudence 24, no. 2 (July 2011): 387–402. http://dx.doi.org/10.1017/s0841820900005221.
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Force and Freedom, a new book by Professor Arthur Ripstein, offers a comprehensive and highly sophisticated articulation of Kant’s legal and political philosophy. While Kant’s thinking on metaphysics and ethics has received paramount attention in the academic discourse, his contribution to legal and political theory has been somewhat marginalized. One reason for Kant’s exclusion from the central canon of political and legal philosophy is the abstract and very complicated nature of Kantian writing on law and political power, most particularly in the Doctrine of Right. Another reason is the difficulties many writers have encountered in their attempts to reconcile Kant’s political and legal writing with his moral philosophy. Against this background, the novelty and importance of Force and Freedom cannot be overstated.
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Oswald, Bruce ‘Ossie’. "unamir: a Deployed Legal Officer’s Retrospective." Journal of International Peacekeeping 22, no. 1-4 (April 8, 2020): 95–115. http://dx.doi.org/10.1163/18754112-0220104007.
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From August 1994 until February 1995 I served as an Australian Defence Force legal officer with the Australian Medical Support Force which was a component of the United Nations Assistance Mission for Rwanda. During this deployment three duties I engaged with still stand out for me 25 years later: investigating the mass grave site at Ntarama, the use of force to defend the mandate and individual self-defence, and detention. This paper, in large part, engages with my reflections of these issues in the context of my military law practice, and academic research and writing. I conclude by making six observations from my experiences in Rwanda.
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Bartie, Susan. "Taking the Discipline of Law Seriously: Twining, Arthurs, and Histories of Academic Lawyers." Law and History Review 39, no. 2 (May 2021): 369–81. http://dx.doi.org/10.1017/s0738248021000158.
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In 2019, William Twining and Harry Arthurs, academic lawyers whose careers peaked during the second half of the twentieth century, published memoirs revealing the central motivations and forces underlying their intellectual endeavor. Their books are a source of great nourishment, provoking readers to think deeply about the central challenges of the discipline of law and what might be done to bring it closer to realizing its full potential. They also reveal what it was like to be a leading academic who pushed disciplinary boundaries, challenging central disciplinary norms repeatedly, over many decades, while the universities and societies surrounding them grew in size and enjoyed increased prosperity and while academics—legal and otherwise—were cast in changing lights. During this time, writing and teaching about the nature and purposes of law moved from the desks of a few well-known figures into the hands of an increasingly diverse mass. This review considers and compares the contributions of these memoirs to the history of legal scholars. It also examines the relevance of each book to their primary readership: twenty-first century academic lawyers.
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Gee, Harvey. "ACADEMIC LEGAL WRITING: LAW REVIEW ARTICLES, STUDENT NOTES, AND SEMINAR PAPERS, BY EUGENE VOLOKH." Journal of Legal Studies Education 21, no. 2 (December 2004): 305–8. http://dx.doi.org/10.1111/j.1744-1722.2004.tb00322.x.
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Hafner, Christoph A., and Cindy Yu. "Language Socialization in Digitally Mediated Collaborative Writing: Evidence from Disciplinary Peer and Teacher Feedback." RELC Journal 51, no. 1 (April 2020): 14–32. http://dx.doi.org/10.1177/0033688220901347.
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This study examines the question of how the feedback of peers and teachers on a collaboratively written student text, mediated by track changes and commenting functions in Microsoft (MS) Word, can act as a form of socialization into an academic or professional discipline. It focusses on a collaboratively written legal memorandum, authored by students of law engaged in the practice of ‘mooting’, i.e. the conduct of mock trials, an activity which requires the development of persuasive legal arguments, both in written and spoken form. This article reports on an ethnographic study of the language socialization observed in a team of law students in Hong Kong, as they went about writing a memorandum for a high-stakes, global arbitration mooting competition. This team was observed over a period of approximately eight months, the first three of which were dedicated to the writing of a 35-page memorandum. The team produced a total of 12 drafts of this memorandum. These drafts were reviewed by the students themselves and the legal academic tutors responsible for training the team, with feedback recorded in MS Word. This article presents a multiple case study of participants in the writing process, noting coaching, peer mentoring and editing roles adopted. The analysis shows how the digitally mediated collaborative writing process supported the socialization of students into the disciplinary culture of the law. The analysis identifies socializing feedback on research process, disciplinary content, discourse and lexico-grammar, and also finds that socializing functions were performed by both experts and novices in the community of practice.
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Coper, Michael. "Geoffrey Sawer and the Art of the Academic Commentator: A Preliminary Biographical Sketch." Federal Law Review 42, no. 2 (June 2014): 389–420. http://dx.doi.org/10.22145/flr.42.2.7.
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Geoffrey Sawer was the Foundation Professor of Law at The Australian National University, appointed in 1950 at the age of 39. He was a pioneer in the understanding of law in a broader context, especially at the intersection between law and politics, and his fluid and incisive writing has been a major influence on succeeding generations of academics, practitioners and judges. Drawing on Sawer's writings, oral history interviews and private papers, Michael Coper makes an affectionate biographical sketch of this outstanding scholar and warm and genial human being. In particular, he explores how Sawer's scholarship stands up today, when so much has changed in the legal and political landscape; what is enduring and what is transient in a life's work; and what lessons we can draw when we look at law and life through the lens of biography.
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Cheffins, Brian R. "THE TRAJECTORY OF (CORPORATE LAW) SCHOLARSHIP." Cambridge Law Journal 63, no. 2 (June 18, 2004): 456–506. http://dx.doi.org/10.1017/s0008197304006658.
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While considerable attention is devoted to legal scholarship, little has been written on the process by which academic writing on law evolves. This paper departs from the existing pattern and examines five potential trajectories for legal scholarship. One is based on the idea that knowledge “accumulates” as part of “progress” towards a better understanding of the matters under study. The second is the concept of the “paradigm”, derived from work done on the history and sociology of science. The third focuses on the idea that academic endeavour concerning law yields useful ideas since market forces are at work. The fourth is a “cyclical” thesis, based on the assumption that themes legal scholars write about arise on a reoccurring basis. Finally, legal scholarship can potentially be characterised in terms of fads and fashions. It appears that scholarly trends in law develop in a manner that is at least partially consistent with each of the five potential trajectories identified. At the same time, none captures fully the dynamics at work and indeed there is some conflict between the various paths available. The paper tests these conjectures by focusing on a particular topic, namely corporate law. The survey offered does not identify one of the five potential trajectories as being dominant. Still, each does help to explain how corporate law scholarship has developed. Correspondingly, for those who are interested in why some ideas prosper whereas other claims “burn out”, this paper offers a “test-driven” analytical framework that can be applied to discern how academic writing on law evolves over time.
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Koskenniemi, Martti. "Letter to the Editors of the Symposium." American Journal of International Law 93, no. 2 (April 1999): 351–61. http://dx.doi.org/10.2307/2997994.
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As I started to think about how to respond to your kind invitation to participate in the symposium on method in international law, and what to write to the readers of the Journal, I soon noticed that it was impossible for me to think about my—or indeed anybody’s—“method” in the way suggested by the symposium format. This was only in part because I felt that your (and sometimes others’) classification of my work as representative of something called “critical legal studies” failed to make sense of large chunks of it whose labeling as “CLS” might seem an insult to those in the American legal academy who had organized themselves in the 1970s and early 1980s under that banner. You may, of course, have asked me to write about “CLS” in international law irrespectively of whether I was a true representative of its method (whatever that method might be). Perhaps I was only asked to explain how people generally identified as “critics” went about writing as they did. But I felt wholly unqualified to undertake such a task. Dozens of academic studies had been published on the structure, history and ideology of critical legal studies in the United States and elsewhere. Although that material is interesting, and often of high academic quality, little of it describes the work of people in our field sometimes associated with critical legal studies—but more commonly classed under the label of “new approaches to international law.“1 In fact, new writing in the field was so heterogeneous, self-reflective and sometimes outright ironic that the conventions of academic analysis about “method” would inevitably fail to articulate its reality.
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Kreitner, Roy. "Biographing Realist Jurisprudence." Law & Social Inquiry 35, no. 03 (2010): 765–91. http://dx.doi.org/10.1111/j.1747-4469.2010.01201.x.
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This essay reexamines realist jurisprudence through a review of two biographies of leading realists: Dalia Tsuk Mitchell's Architect of Justice: Felix Cohen and the Founding of American Legal Pluralism (2007), and Spencer Waller's Thurman Arnold: A Biography (2005). The essay argues that when biographies of legal realists are considered alongside their academic writing, a more robust jurisprudence emerges. Realist lives crystallize the intuition that the major innovation of legal realism was not, as generally assumed, its attitude toward judges and adjudication. Instead, realist jurisprudence is an institutionalist view of law with a focus on groups rather than individuals. Realist jurisprudence understands courts, legislatures, administrative agencies, and nongovernmental groups as important loci of law, lawmaking, and legal reasoning.
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Satyayudha Dananjaya, Nyoman, Putu Ayu Asty Senja Pratiwi, and Putu Aras Samsithawrati. "Analysis of the Misuse of Legal English Terminology in Legal Scientific Work Abstracts." Udayana Journal of Social Sciences and Humanities (UJoSSH) 2, no. 1 (July 24, 2018): 1. http://dx.doi.org/10.24843/ujossh.2018.v02.i01.p01.
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Scientific work in law field has its own characteristics, including the legal English terminology. Legal English is actually slightly different with general English. Nowadays, there are lots of inappropriate process of language transfer from Bahasa to English can be found especially in abstract, as part of the scientific work related to law field. Thus, such issue will affect the abstract validity as a representation of the contents of the scientific work as a whole. This study used an empirical juridical approach which employed non-probability sampling technique and qualitative descriptive analyses. The results show that the misuse of legal English terminology towards abstract of legal, scientific works may occur due to word-for-word translation, free translation, and literal translation. Based on empirical research, such misuse occurred due to the use of online translation engine which mostly caused by the ignorance of abstract’s authors on the structure of standard academic writing (S- P-O)in the source language and asking help from colleagues who mostly do not have legal background and has minimum knowledge of legal English terminology.
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Rohmad, Zaini, and Dewi Sri Wahyuni. "Tech-Rich Instruction: Raising Students’ Awareness against Plagiarism in Academic Writing." LEKSIKA 12, no. 2 (January 3, 2019): 97. http://dx.doi.org/10.30595/lks.v12i2.3807.
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Plagiarism is an intolerant action in the circumstances of education; it is stealing or cheating any papers, ideas, and things related to someone’s works. This is a harmful offence with academic, professional, legal, and monetary consequences when someone is proved as a plagiarist. Students can be expelled from the class when they cheat colleagues’ works; the worst is that the university can retract their certificate of graduation when their manuscripts are investigated and proved as result of copying other works. Regarding to its danger, pla-giarism has to be avoided trough establishing curriculum in higher level of education. Teacher and lecturer should provide their lessons, especially in language skills, with awareness of the plagiarism danger to the students. A skill of language that most easily susceptible and detected in plagiarism is writing. Since writing is not a gift skill as listening, students need to learn how to write properly. Simply, when they are not able to rewrite someone’s statements with their own wording, students are doing plagiarism. This article reporting at a descriptive qualitative research aimed at describing the teaching method to raise students’ awareness toward the danger of plagiarism which is applied by a lecturer in Academic Writing Class of EED - UNS for the academic year 2016. She believes that when the students have awareness in the risks or consequences of plagiarism, they will act for not doing plagiarism in their works. She supports her conventional way of teach-ing with technology of plagiarism checker. The method of enrichment traditional teaching with technology is known as Tech-Rich Instruction (not blended learning). This Tech-Rich Instruction she applied is successful-ly raising her students’ awareness in the danger of plagiarism and leads to the efforts of avoiding plagiarism in academic writing.
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Hibbitts, Bernard J. "Changing Our Minds: Legal History Meets the World Wide Web." Law and History Review 17, no. 2 (1999): 385–87. http://dx.doi.org/10.2307/744018.
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Legal historians have had an ambivalent relationship with new technology. As students and spokespersons of the somewhat-stodgy legal past, our sympathies have predictably been with traditional methods of doing things rather than with the latest and greatest devices of our own age. In the twentieth century we have tended to champion writing and books more than radio, television, and computers. Today we may use new tools to help us create our scholarship and even to help us teach, but like most of our academic colleagues in law and in history we generally employ those tools as extensions of established media instead of exploiting their potential to deploy information and develop ideas in new ways.
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de Bhailís, Clíona, and Eilionóir Flynn. "Recognising legal capacity: commentary and analysis of Article 12 CRPD." International Journal of Law in Context 13, no. 1 (February 15, 2017): 6–21. http://dx.doi.org/10.1017/s174455231600046x.
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AbstractThis paper aims to summarise the current understanding and literature around Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). It provides a brief history of the key terms associated with the right to equal recognition before the law and encompasses both academic writing in this area and General Comment No. 1 from the Committee on the Rights of Persons with Disabilities. The content is intended to provide readers of this Special Issue with a general understanding of developments surrounding Article 12 so they can fully engage with the other papers within this Special Issue and with the content of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) project as a whole.
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Moriarty, Jess, and Mel Parks. "Storying Autobiographical Experiences with Gender-Based Violence." Journal of Autoethnography 3, no. 2 (2022): 129–43. http://dx.doi.org/10.1525/joae.2022.3.2.129.
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In earlier work1 collaborative autoethnography was identified as a viable methodology for researching stories that drew on lived experiences with domestic abuse. Collaborative autoethnography offers a method of working with women outside of academia who have experienced gender-based violence (GBV) and including them as co-researchers whose writings can and should be valued as academic research. In this article, also a collaborative autoethnography, the authors explore methods for storying autobiographical experiences of GBV as a potential way of reclaiming stories whilst navigating the legal, ethical, and moral dilemmas sometimes associated with autobiographical writing that might help to make these stories less difficult to write, and also read, avoiding stereotypes that have led to critique around battle-weary narratives of GBV2 and bad romance tropes.3 The authors argue that evocative texts drawing on lived experiences but layering the real with the imaginary, the remembered with the fictitious, can be more accessible to read and write. Cook and Fonow4 argue that feminist work is often creative and spontaneous, and this article will detail writing methods that were shared by the authors in creative workshops with survivors of GBV as part of a project funded by the Arts and Humanities Research Council (AHRC).5 They also share examples of their own stories that have been inspired by this approach as well as the challenges and motivations of working in this way.
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Ćušić, Tarik. "Pisanje skraćenica za stručna zvanja novijeg datuma / Writing Abbreviations for Professional Titles of Recent Date." Pregled: časopis za društvena pitanja / Periodical for social issues 62, no. 3 (February 10, 2022): 45–59. http://dx.doi.org/10.48052/19865244.2021.3.45.
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One of the novelties brought by the Bologna process are the names of academic and professional titles that are acquired upon completion of a certain cycle of studies, primarily the first and second cycles. A special issue is writing abbreviations for those titles. This paper discusses the legal solutions of Bosnia and Herzegovina that prescribe the way of writing abbreviations for professional titles of recent date, at the state and entity levels, as well as in the cantons, and language solutions on this issue given in recent spelling manuals of official languages in BiH, and especially in Bosnian orthography from 2017. The analysis of these two solutions shows that laws and spellings in different ways regulate and standardize the writing of abbreviations for professional titles of more recent date.
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Arifin, Ridwan, Riska Alkadri, Dewi Puspa Sari, Lilies Resthiningsih, and Amarru Muftie Holish. "Improving Law Student Ability on Legal Writing through Critical and Logical Thinking by IRAC Method." Indonesian Journal of Advocacy and Legal Services 1, no. 1 (September 10, 2019): 107–28. http://dx.doi.org/10.15294/ijals.v1i1.33706.
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The lack of good stigma is attached to student activists, ranging from the unsatisfactory level of academic quality, graduating on time, not responsive and very reactive, hard and opposing views, to demonstrations that are colored by violence. The stigma is only in a few cases, not all activists face such conditions, but this stigma seems to have been far attached. The development of student activists today demands that activists must also have three literacy abilities: data literacy, humanitarian literacy, and technological literacy. However, based on the preliminary results of this activity, 90 percent of UNNES Law School student activists agreed that activists must have a critical attitude and critical writing skills, but only about 10 percent of activists who had taken it seriously (thought publications in various forms). This activity is aimed at developing the critical abilities of student activists through increased publications in various media. This activity also aims to establish a critical writing community for student activists and present a concrete forum for channeling ideas and solutions for student activists in writing that can be read by many people. This activity is carried out through a critical thinking approach in legal studies using the IRAC (Issue, Rule, Application, Conclusion) method which is commonly used in analyzing various cases in legal study thinking.
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Meissonnier, Antoine, and Françoise Banat-Berger. "French legal framework of digital evidence." Records Management Journal 25, no. 1 (March 16, 2015): 96–106. http://dx.doi.org/10.1108/rmj-07-2014-0031.
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Purpose – The purpose of this article is to describe the development of the French legal framework of digital evidence. The ongoing transformations of information in an electronic environment reconsidered fixity and stability of writing. The society needed to construct a new way for guaranteeing records’ authenticity and integrity, considering the necessity of conserving record’s probative value through time. That is the reason why France has published different legal texts since 2000 for establishing some rules. Design/methodology/approach – The article is mainly focused on acts and decrees which constitute this legal framework. It resumes content of the main texts and highlights the great evolutions of French legal framework of digital evidence. Findings – The article showcases two main approaches for guaranteeing records probative value in French Law: one is based on information systems security, and the other is based on electronic signature. Both approaches can be complementary. Their principles are not so different as far as the conclusions of InterPARES work. Originality/value – This work makes a link between French Law studies and academic archival studies. It showcases the development of principles guaranteeing records’ authenticity and integrity with many quotations from French legal texts.
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Metzger, Ernest. "Roman Judges, Case Law, and Principles of Procedure." Law and History Review 22, no. 2 (2004): 243–75. http://dx.doi.org/10.2307/4141647.
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Most who study Roman law today do so as historians, not lawyers. History includes doctrine, but Roman legal doctrine is rarely used to solve modern problems. There are exceptions: Roman law helps to solve modern problems in certain jurisdictions and academic writing sometimes gives a Roman solution to a modern problem. But the time is past when Roman sources were routinely put to work in the world of affairs, and most would say codification is the main reason.
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Schindler, Benjamin. "Verwaltungsrechtswissenschaft und Geschichtsschreibung." Administory 1, no. 1 (August 8, 2018): 54–77. http://dx.doi.org/10.2478/adhi-2018-0004.
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Abstract The academic field of administrative law deals above all with the legal framework currently underlying today’s public administration. And yet its literature also touches on history, be it that of public administration or administrative law. This article takes a metahistorical approach, investigating the motives behind the field’s interest in history and the narrative traditions it follows. Finally, it seeks to answer the question of why scholars of law should play a part in writing administrative history.
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Fischl, Richard Michael. "Teaching Law as a Vocation: Local 1330, Promissory Estoppel, and the Critical Tradition in Labour Scholarship." International Journal of Comparative Labour Law and Industrial Relations 33, Issue 1 (February 1, 2017): 145–69. http://dx.doi.org/10.54648/ijcl2017007.
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A central feature of early work associated with critical legal studies was an effort to ‘break the seal’ between teaching and writing, the supposedly dichotomous dimensions of academic life. This essay locates the link in a ‘demystification’ project – a relentless focus on the recurring rhetorical structures of legal reasoning and argument – and nowhere is it more evident than in critical labour scholarship. The essay offers an extended illustration by deploying a series of critical classroom techniques in a study of Local 1330 v. U.S. Steel, a tragically unsuccessful effort by a union to prevent the closing of a steel mill via promissory estoppel and an early symptom of late twentieth century deindustrialization, the declining fortunes of labour unions, and the shift from labour law to contract law in the legal regulation of the American workplace.
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Proulx, Vincent-Joël. "The “War on Terror” and the Framework of International Law." Canadian Journal of Political Science 40, no. 1 (March 2007): 278–79. http://dx.doi.org/10.1017/s0008423907070424.
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The “War on Terror” and the Framework of International Law, Helen Duffy, Cambridge: Cambridge University Press, 2005, pp. li, 488.The war on terror poses increasingly intractable challenges for the international legal order. Some commentators query whether the international reaction to 9/11 might have relaxed or transformed well-established legal principles, particularly in the fields of recourse to force and state responsibility. Other scholars opine that international law is adequately suited to address the relatively new and polymorphous threats of terrorism. Regardless of one's stance on the question, it is clear that the current war on terror has generated considerable academic writing, both inside and outside of law, and propelled various legal issues, such as the application of international human rights, international humanitarian law and international criminal law, to the forefront of scholarly inquiry.
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Doron, Israel. "Caring for the Dying: From a “Negative” to a “Positive” Legal Right to Die at Home." Care Management Journals 6, no. 1 (March 2005): 22–28. http://dx.doi.org/10.1891/cmaj.2005.6.1.22.
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The choice of the old and terminally ill to die at home has been the subject of various types of research. However, one of the aspects of this subject, which has been investigated very little, is its legal context. The absence of such legal research is contrasted by the vast amount of academic writing on the legal aspects of the right to die with dignity and euthanasia. The object of this article is to analyze and break down the “right to die at home” into its different legal components. This legal analysis will be based on Professor Isaiah Berlin’s definition of two different concepts of liberty: negative and positive freedoms. The main conclusion from the legal analysis presented in this article is that it is important to understand that at the legal level the right to die at home is dependent on many different elements. These elements may be classed in two basic categories: negative and positive freedoms and rights. Even though the former is a necessary condition of the latter, without the latter the first remains purely theoretical for many old people.
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Cheffins, Brian R. "Using Theory to Study Law: A Company Law Perspective." Cambridge Law Journal 58, no. 1 (March 1999): 197–221. http://dx.doi.org/10.1017/s0008197399001105.
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IN the United States, theorising about law has flourished. There has been an increase in the “market share” of theoretically oriented articles in leading law reviews, a proliferation of specialised journals devoted to interdisciplinary approaches to law and much more frequent citation of theoretical scholarship in legal literature. The interdisciplinary movement in legal thought has prompted a strong backlash. Fears have been expressed that “impractical” scholars are doing the legal profession and law students a disservice by pursuing “abstract” theory at the expense of engaging in analysis of legal doctrine.Interdisciplinary scholarship is growing in prominence in Britain. If this trend continues, the experience in the United States suggests that concerns could arise about the practical value of academic law, both inside and outside the classroom. As a result, this is a suitable occasion to assess whether theoretical analysis can make a valuable contribution both with respect to research and teaching. This essay advances the thesis that thinking about law in interdisciplinary terms has a beneficial influence on academic writing and should lead to improvements in the classroom. The case in favour of the use of theory is set out in general terms and is then illustrated by considering a field often thought to be primarily technical and “vocational” in nature, namely company law.
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Grasis, Janis. "NEW CHALLENGES FOR THE LEGAL EDUCATION IN LATVIA." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 1 (May 20, 2020): 181. http://dx.doi.org/10.17770/sie2020vol1.5001.
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The Cabinet of Ministers of the Republic of Latvia adopted Regulation No. 46 “Procedures for the National Uniform Professional Legal Qualification Examination” on January 15, 2019. These rules will apply to students who started studies in the course of the professional master's study programme at the autumn semester of 2019; therefore, the first exam will be in 2021. The qualification examination will have the following parts: (1) the theoretical part in which detailed answers to 15 questions are provided in writing; (2) the practical part in which five practical tasks (case -studies) are dealt with in writing. Novelty of the research: this is one of the newest academic research concerning the mentioned examination which is something new for Latvian legal education, trying to make comparision with analogous Uniform Examination in Germany. The research aim is to analyse critically the new regulations and how will it affect existing master programmes of law in the universities of the Republic of Latvia. Descriptive, analytical and deductive-inductive research methods are used. Legal acts, policy planning documents and different reports were reviewed and analyzed, and subsequently conclusions and recommendations were made. On the one hand the introduction of the mentioned examination could contribute to increasing motivation of students, to acquiring deeper and more sustainable knowledge in law study programmes, which can be assessed positively. However, it is not clear what the criteria are, the content of what the requirements will be for the methodology for evaluating the National Uniform Professional Legal Qualification Examination, which is approved by the commission itself. This could be a risk element for transparency and uniform understanding during the development of examination questions and in the evaluation process of examination answers.
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Śleszyńska, Monika. "How to Write (Science) Better. Simplified English Principles in a Skill-Oriented ESP Course." Studies in Logic, Grammar and Rhetoric 66, no. 1 (November 19, 2021): 115–33. http://dx.doi.org/10.2478/slgr-2021-0008.
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Abstract Teaching writing to doctoral students or academics at a technical university is a challenging task. Because they need to publish their research findings in English to pursue academic careers, they are usually highly motivated and expect a lot of the class. Their language competences, however, very often lack enough proficiency and may contribute to manuscript rejection. The paper focuses on language issues based on the rules of controlled natural languages (CNLs) and guidelines of Plain English. It shows how employing these issues improves grammatical quality and readability of science-oriented written texts. The paper describes four principles: removing nominalisation and using the so-called strong verbs to make the message simpler and more direct; combining nouns in strings to express complex ideas economically; applying grammatical consistency for coordinate elements in sentences to make them less chaotic; and reducing wordiness to obtain a more precise and comprehensible piece of writing. Sample phrases and sentences from authentic student writing as well as their improved versions are provided to each of the guidelines so that a reader has a deeper insight into how the principles work in a specialist context. Because problems with, for example, research papers, grant proposals or reports are common to various disciplines and at various levels, the Author of the paper draws conclusions that these principles should be implemented not only in a technical but also legal, medical and business writing course offered by English teachers to both young researchers and experienced scientists.
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Jerrome, Dorothy. "Continuity and Change in the Study of Family Relationships." Ageing and Society 16, no. 1 (January 1996): 93–104. http://dx.doi.org/10.1017/s0144686x00003159.
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Recent work on family life in old age may be considered in several dimensions. First, it encompasses different substantive areas: parentchild relationships, care-giving, changing family forms. Second, it involves different types of discourse, which variously reflect social policy considerations, legal and ethical debates, academic discourses and prescriptive writing for professionals and older people. A third dimension consists of methodological and theoretical variations. These include synchronic and life history approaches, quantitative and qualitative methods, positivistic and phenomenological research paradigms, and cross-cultural and historical comparisons.
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Kwon, hyunju, and yujeong Kim. "A University Writing Proofreading Coaching Plan Using the Basic Academic Ability Reinforcement Program." Korean Society of Culture and Convergence 44, no. 9 (September 30, 2022): 233–47. http://dx.doi.org/10.33645/cnc.2022.9.44.9.233.
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The purpose of this study was to determine the role of convergence writing TA and a plan to utilize correctional guidance, which is a part of the basic academic ability reinforcement program for first-year freshmen at Y University in Gyeongbuk. In previous studies, the role and qualities of the TA were shown by dualizing the writing teacher/instructor and the TA. Therefore, in this study, regular writing classes and TA teachers/instructors were unified to provide more systematic and professional correctional feedback. The Convergence Writing TA consists of 15 weeks, and the class was conducted in a way that reinforced correctional feedback on writing. In addition, it was intended to secure the reliability and validity of the writing correction through the detailed correction evaluation table. For the correction feedback, the outline writing in the pre-writing stage and correction of write a paragraph, write two paragraphs, and a piece of writing were performed step-by-step. As a result of satisfaction with the correctional guidance program for the convergence writing TA, more than 72% of responded positively. It was found that learners also evaluated the correctional guidance program positively.
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Szymańska, Aleksandra. "Ścieżka kariery naukowej Aleksandra Tartagnusa na tle życia uniwersyteckiego jego czasów." Opolskie Studia Administracyjno-Prawne 15, no. 2 (June 30, 2017): 61–74. http://dx.doi.org/10.25167/osap.1271.
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Alexander Tartagnus, considered to be one of the last great representatives of the school of commentators, was also a defender of writing in Latin, which was the language of medieval scholarship. His life is an example of a harmonious combination of academic activities and legal practice, which was most fully manifested in the form of legal advice. His knowledge was used both by judges to assist them in resolving contentious issues and by parties who wanted to better understand their legal position. During his life he wrote seven books of consilia, which established his place among the authors contributing to the development of ius commune. The objective of this article is to present the biography of Alexander Tartagnus, which enlightens the reader not only about this single Bologna master, but also enriches their knowledge of the environment in which he had lived and worked.
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Novak, William J. "Law, Capitalism, and the Liberal State: The Historical Sociology of James Willard Hurst." Law and History Review 18, no. 1 (2000): 97–146. http://dx.doi.org/10.2307/744350.
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Two legacies vie to take the measure of the work of Willard Hurst. The first understands Hurst primarily in his formal role as the “founding father” of an academic sub-specialty known as “American legal history”—the author of a canonical textLaw and the Conditions of Freedom, and the coiner of interpretive phrases like “legal instrumentalism” and “the release of energy” that established the boundaries of disciplinary debate for two generations of acolytes and dissenters. The second legacy flows from the substantive range of Hurst's research and writing as a whole—the depth and breadth of an intellectual project that tears at and transcends the very disciplinary borders being constructed by his texts and phrases. In this essay, I will ignore the first perspective, which tends to dominate hagiographic and commemorative commentaries.
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Wilson, Dick. "The Man in the Middle." China Quarterly 143 (September 1995): 682–84. http://dx.doi.org/10.1017/s0305741000014971.
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When David Wilson was appointed editor, one of the best-known American sinological professors who knew both of us wrote to congratulate me, saying I had the ideal qualifications for the job. But I was surprised all the same when my name was put forward to succeed David in the editorial chair. He had made it such a distinctively academic journal, with far more footnotes and those more abstruse, than Roderick MacFarquar ever provided. The idea seemed to me a bit out of character. I had some good degrees, it was true, and I had in early days produced a few learned legal articles with all those footnotes. But I had used my degrees to stray from the legal path into journalism and writing books about East Asia.
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Bell, Vikki. "Documenting Dictatorship: Writing and Resistance in Chile's Vicaría de la Solidaridad." Theory, Culture & Society 38, no. 1 (August 6, 2020): 53–78. http://dx.doi.org/10.1177/0263276420937470.
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In Documentality (2013), Maurizio Ferraris argues that documents are at the heart of social institutions. Taking this notion as a cue, this piece considers a key organisation in the resistance to state violence and Pinochet's dictatorship in Chile, the Vicaría de la Solidaridad, and focuses on the remarkable document where the desperate stories of people detained, disappeared and murdered following the coup in 1973 were recorded. This process of registration adopted an overtly rational, administrative response akin to the ‘bio-political’ modes of governing life that Foucault described. As such, it was also built upon a refusal to allow the lives of a section of the population to be cast as without value. Moreover, it ‘deferred’ to a future, in which such documentation would be an invaluable record of injustice. Its legacy is not confined to legal forums, however; academic work and Nicolás Franco's artwork La Sábana (The Sheet, 2017) have also emerged.
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Monaco, Paola. "Liability for negligently issued anti-mafia certificates." Journal of Financial Crime 25, no. 1 (January 2, 2018): 210–17. http://dx.doi.org/10.1108/jfc-10-2016-0066.
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Purpose This paper aims to analyse the different forms of liability that might apply under Italian private law to anti-mafia advisors who negligently perform their duties, with particular regards to auditors concerning the drafting of mandatory anti-mafia certificates as bidding documents for public procurement contracts. Design/methodology/approach The analysis is based on the comparative law methodology of dissociation of “legal formants”, that is, on the study of separate contributions by each element of the legal system – from black-letter provisions to judicial dicta, from scholars’ arguments to administrative practices – to the making of legal rules in a given setting. Findings Neither case law nor academic writing is abundant on this topic. Yet, it can be fairly assumed that an advisor who negligently drafts anti-mafia certificates might incur both contractual and tortious liability. Originality/value The paper investigates an area, which has so far been largely unexplored, and, thus, contributes to paving the way for a better understanding of the legal framework applicable to the cases under examination.
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Fruehwald, E. Scott. "How to Help Students from Disadvantaged Backgrounds Succeed in Law School." Texas A&M Law Review 1, no. 1 (October 2013): 83–128. http://dx.doi.org/10.37419/lr.v1.i1.3.
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Over the past 50 years, law schools have seen an amazing increase in the diversity of their students. Minorities, women, and the foreign born now make up a significant percentage of those attending law school. However, law school education has changed little in reaction to the new kind of students it must educate. Law schools continue to use the casebook/Socratic method with some modifications at the edges for legal writing and clinics. While law schools have added minority offices, remedial classes, bar review courses, and academic support personnel, these efforts have not helped to the extent hoped.