Legal Research, Legal Analysis, and Legal Writing: Putting Law School into Practice

Author(s):  
Suzanne E. Rowe
2020 ◽  
pp. 31-36
Author(s):  
Paweł Czechowski

The deliberations are devoted to the methods of legal research that Professor Andrzej Stelmachowski conducted in the field of agricultural law. This outstanding civil lawyer and co-creator of agricultural law as a separate branch within the system of law used methods that shaped the philosophical schools of law research methodology, that is, the positivist, natural law and historical law school. Using the methodology of these schools, Professor Stelmachowski created an interesting conglomerate of methods of studying law through the analysis of the purpose of a legal norm, the empirical study of law in action and the historical and legal analysis of the evolution of legal institutions. The multithreaded method of legal research adopted by Professor Stelmachowski created a specific methodology of agricultural law research, which constitutes a significant legacy of the doctrine of agricultural law in Poland. 


Author(s):  
Angela Diane Crocker

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.


2016 ◽  
Vol 44 (3) ◽  
pp. 241-268 ◽  
Author(s):  
Yolanda P. Jones

AbstractThis article will introduce an approach to teaching legal research called Expansive Legal Research. The Expansive Legal Research perspective is based upon dissertation research on legal information behavior at a law school legal aid clinic. This approach is inspired by an educational perspective called Expansive Learning, which in turn has roots in the psychological theory called Activity Theory. The Expansive Legal Research perspective includes elements inspired by Expansive Learning and Activity Theory such as a focus on an activity-centered context of both the individual and social aspects of human behavior; the design-oriented nature of human problem-solving; the role of tacit knowledge and unwritten rules in daily activity and practice; and a cultural historical approach to learning and development, where both the user and their tools are undergoing a constant process of growth and change and transformation. An Expansive Legal Research approach, and the theory it is based upon, may provide new insights into legal research instruction, and may be a useful tool for legal research instructors.


2008 ◽  
Vol 9 (11) ◽  
pp. 1909-1939 ◽  
Author(s):  
Armin von Bogdandy

The termprincipleis ubiquitous in the thematic studies and the cross-cutting studies of this research project on the exercise of public authority by international institutions. Apparently its legal analysis and normative framing is difficult to achieve without principles. This is no specificity of this undertaking: Legal research on the public authority of international institutions regularly deals with the issue of principles.Generalprinciples for all international institutions are of specific interest as they might tie the various institutions into one legal universe. Yet, precisely their variety, even heterogeneity raises the question if such principles can be anything but “stars which give little light because they are so high.” This quotation from Francis Bacon's “On the Advancement of Learning” precedes Edward Carr's classical study on the problems of a sweeping,principledand idealistic approach to international phenomena.


2004 ◽  
Vol 4 (1) ◽  
pp. 37-43 ◽  
Author(s):  
Nicki McLaurin Smith ◽  
Prue Presser

This article is a summary of the paper presented at the 34th Annual Study Conference of BIALL held in Cardiff, June 2003 by Nicki McLaurin Smith and Prue Presser. The paper consisted of a demonstration of LIST (Legal Information Skills Tutorial), which has been developed at the University of Melbourne Law School for the purpose of teaching legal research skills. The paper covered background information, evaluation, successes and shortcomings as well as extending an invitation for involvement in future collaborative projects of this nature with the Legal Resource Centre.


Author(s):  
Tajuddin Noor

Analysis of settlement of debt receivables disputes between PT. Bank Perkreditan Rakyat NBP 5 and Lisbon Manurung, defendant I, and Tetty Herawati, the defendant II. The settlement is carried out based on Supreme Court Regulation Number 2 of 2015 concerning Procedures for Completion of Simple Lawsuits because the value of the material claim does not exceed 200,000,000.00 Rupiahs (two hundred million rupiahs). The dispute ended with the ruling of the peace deed because of the good intentions of the parties who ended the dispute by means of peace. In the study of the decision, the author applied legal research in a normative juridical manner. The result of this study indicates that the legal analysis of debt settlement through agreements / deeds of peace has legal consequences for the parties, namely closed appeal and cassation legal efforts, which have permanent legal force, and executive power. Keywords: Debt and Receivables, Peace, Settlement. 


2018 ◽  
Vol 25 (3) ◽  
pp. 23-52
Author(s):  
Yvette Maker ◽  
Jana Offergeld ◽  
Anna Arstein-Kerslake

The Disability Human Rights Clinic (DHRC) was established at Melbourne Law School, the University of Melbourne, in 2015.  Its supervisors and students conduct legislative and policy reform projects as well as strategic litigation. The DHRC was created by Anna Arstein-Kerslake to address a significant lack of resources in community-based organisations to undertake in-depth legal analysis. It uses an innovative model of clinical legal education to harness the skills of law students to fill that gap and to expose a new generation of lawyers to the emerging field of disability human rights law. In this article, we draw on our experiences running the DHRC to argue that the model it establishes can create significant scholarly output in the human rights field, direct engagement with the community, and rich doctrinal and experiential learning for students.


2021 ◽  
Vol 66 (1) ◽  
pp. 135-146
Author(s):  
Elena Vyushkina

Abstract Standards of professional legal education are developed by different organizations: in some countries these are governmental bodies, in others these are professional associations. Apart from a country these standards include Learning Outcomes which shape law schools’ curricula. Both American and European standards mention, to different extent, written and oral communication in the legal context, but a number and contents of subjects directed at developing and mastering professional communicative competency differ a lot. There are disciplines totally devoted to the competency named (e.g. legal writing) as well as courses in which communicative skills are an integral constituent for their successful completion (e.g. basis of negotiations/mediation/client consultation). The article goal is to find a place and role of a Legal English (LE) course in achieving learning outcomes connected with professional communicative competence. The methodology incorporated desk and field studies. The literature review is aimed at identifying current state of affairs in American law schools, as they provide first-class legal education recognized all over the world, and in Russian law schools, as the author works in this system and is interested in its development. A questionnaire was designed to explore Russian law school graduates’ assessment of practicality of subjects they had studied for their professional activities. The analysis of literature and Internet sources allowed to specify the ways of teaching written and oral communication in American law schools and to highlight the situation in Russian legal education. It shows that the Russian system is characterized by predominance of teaching theory of substantive and procedural rules of law and lack of curriculum disciplines aimed at cultivating skills and competencies. A survey of Russian law schools’ recent graduates indicates that most of communicative, in a broad sense, skills, which they use in their everyday work, were obtained within their LE classes. So, complementing a LE course with modules devoted to different aspects of legal writing and specific patterns of lawyer-client, lawyer-lawyer, lawyer-judge communication will definitely contribute to achieving learning outcomes which are put forward by legal education standards.


Author(s):  
C. M. Kologermanskaya

The article presents a legal analysis of the features of contractual regulation in the use of renewable energy sources in the Russian Federation and foreign countries. It is noted that in the modern period, the sphere of contractual regulation of relations arising from the use of renewable energy sources remains insufficiently studied, which is why it is necessary to conduct legal research in this area, study the experience of contractual regulation in the field of electricity abroad. For the purposes of developing legal regulation, the author proposes a conditional classification of contracts on various grounds.


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