scholarly journals Training for the Public Profession of the Law: Historical Development and Principal Contemporary Problems of Legal Education in the United States, with some Account of Conditions in England and Canada

1922 ◽  
Vol 28 (1) ◽  
pp. 137
Author(s):  
Zechariah Chafee ◽  
Alfred Zantzinger Reed
Keyword(s):  
United States ◽  
Historical Development ◽  
Legal Education ◽  
The United States ◽  
The Public ◽  
The Law

Our Spirit Is Not Narrow Bigotry

2020 ◽  
pp. 103-126
Author(s):  
Linda C. McClain
Keyword(s):  
United States ◽  
Civil Rights ◽  
Racial Discrimination ◽  
The United States ◽  
Court Cases ◽  
Religious Leaders ◽  
The Public ◽  
Civil Rights Act ◽  
The Law ◽  
Natural Difference

This chapter studies how arguments about bigotry, conscience, and legislating morality featured in legislative debate over the Civil Rights Act of 1964, particularly the public accommodations provision (Title II). President Lyndon B. Johnson urged clergy to support the act and help the United States overcome bigotry. Religious leaders testified for and against the law. Lawmakers and witnesses supporting the law insisted that the nation’s conscience demanded that Congress pass a law to end bigotry and racial discrimination. Opponents referred to bigotry in multiple ways: they argued that segregation reflected natural difference and God’s plan, not bigotry; that people had a right to be bigoted; and that the act’s supporters were the real bigots. The chapter concludes with two Supreme Court cases upholding Title II relevant to later constitutional challenges to civil rights laws protecting LGBTQ persons: Heart of Atlanta v. United States and Newman v. Piggie Park Enterprises.

scholarly journals The Law of the Public School System of the United States

1916 ◽  
Vol 16 (8) ◽  
pp. 706
Author(s):  
Francis M. Burdick ◽  
Harvey Cortlandt Voorhees
Keyword(s):  
United States ◽  
Public School ◽  
School System ◽  
The United States ◽  
Public School System ◽  
The Public ◽  
The Law

The Power of Storytelling: a Quest for a Public Discourse on Sexual Harassment

2005 ◽  
Vol 7 (1-4) ◽  
pp. 5-28
Author(s):  
Jenny Morgan
Keyword(s):  
United States ◽  
Sexual Harassment ◽  
Young Women ◽  
Generational Differences ◽  
Public Discourse ◽  
Legal Discourse ◽  
The United States ◽  
The Public ◽  
The Law ◽  
Law Reports

This article explores the possible reasons for the absence of a public discourse about sexual harassment in Australia, which can be contrasted with a relatively well-developed legal discourse. It also briefly compares the debate about sexual harassment in the United States and Australia that followed in the wake of controversial and very public sexual harassment cases in each country. It argues that the debate in the wake of the Clarence Hill-Anita Thomas hearings in the United States was much more productive than the debate in Australia after the publication of Helen Garner’s book, The First Stone. The discussion in Australia focused on whether the young women in the case had ‘over-reacted’ and whether there were generational differences in women’s reactions to sexual harassment. The more interesting (and I would argue, far more important) questions of what is sexual harassment is and what are its effects were ignored. This article goes on to explore one aspect of what sexual harassment is and does by examining what women actually do in response to sexual harassment through an analysis of some of the stories of targets of harassment as they appear in the law reports. In this way it tries to make some of the legal discourse about sexual harassment a part of the public discourse about the phenomenon.

scholarly journals Pericles Should Learn to Fix a Leaky Pipe – Why Trial Advocacy Should Become Part of the LLB Curriculum (Part 1)

2018 ◽  
Vol 21 ◽  
pp. 1-30
Author(s):  
Willem Hendrik Gravett
Keyword(s):  
Professional Competence ◽  
Legal Education ◽  
The United States ◽  
Law School ◽  
Law Students ◽  
Law Schools ◽  
The Public ◽  
The Law ◽  
Trial Advocacy ◽  
The University

It is a sad fact that at most university law schools in South Africa, a student can graduate without ever having set foot in a courtroom, and without ever having spoken to, or on behalf of, a person in need of advice or counsel. The past several years have witnessed a swelling chorus of complaints that the current LLB curriculum produces law graduates who were "out of their depth" in practice. My purpose is to make a case for the inclusion in the LLB curriculum of a course in trial advocacy. This endeavour of necessity invokes the broader debate over the educational objectives of a university law school – a debate memorably framed by William Twining as the two polar images of "Pericles and the plumber". My thesis is that the education of practising lawyers should be the primary mission of the university law school. The first part of this contribution is a response to those legal academics who hold that the role of the law school is to educate law students in the theories and substance of the law; that it is not to function as a trade school or a nursery school for legal practice. With reference to the development of legal education in the United States, I argue that the "education/training" dichotomy has been exposed as a red herring. This so-called antithesis is false, because it assumes that a vocational approach is necessarily incompatible with such values as free inquiry, intellectual rigour, independence of thought, and breadth of perspective. The modern American law school has shown that such so-called incompatibility is the product of intellectual snobbery and devoid of any substance. It is also often said that the raison d'être of a university legal education is to develop in the law student the ability "to think like a lawyer". However, what legal academics usually mean by "thinking like a lawyer" is the development of a limited subset of the skills that are of crucial importance in practising law: one fundamental cognitive skill – analysis – and one fundamental applied skill – legal research. We are not preparing our students for other, equally crucial lawyering tasks – negotiating, client counselling, witness interviewing and trial advocacy. Thinking like a lawyer is a much richer and more intricate process than merely collecting and manipulating doctrine. We cannot say that we are fulfilling our goal to teach students to "think like lawyers", because the complete lawyer "thinks" about doctrine and about trial strategy and about negotiation and about counselling. We cannot teach students to "think like lawyers" without simultaneously teaching them what lawyers do. An LLB curriculum that only produces graduates who can "think like lawyers" in the narrow sense ill-serves them, the profession and the public. If the profession is to improve the quality of the services it provides to the public, it is necessary for the law schools to recognise that their students must receive the skills needed to put into practice the knowledge and analytical abilities they learn in the substantive courses. We have an obligation to balance the LLB curriculum with courses in professional competence, including trial advocacy – courses that expose our students to what actually occurs in lawyer-client relationships and in courtrooms. The skills our law students would acquire in these courses are essential to graduating minimally-competent lawyers whom we can hand over to practice to complete their training. The university law school must help students form the habits and skills that will carry over to a lifetime of practice. Nothing could be more absurd than to neglect in education those practical matters that are necessary for a person's future calling.

scholarly journals Conditions for copyright protection in the law of the United States of America

2021 ◽  
pp. 105-117
Author(s):  
Milica Petrović
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
The Public ◽  
Marginalized Groups ◽  
Common Causes ◽  
Bern Convention ◽  
The Usa ◽  
The Law ◽  
American Society

This paper analyzes various conditions that one spiritual creation must provide in order to be considered an author's work, according to the law of the United States of America. Apart from the peculiarities that are the result of the Anglo-Saxon concept of copyright, there are other specifics such as the special, constitutionally provided, purpose of copyright in promoting learning, preserving the public domain and protecting copyright. Based on the provisions of the Federal Copyright Act (17 U.S.C.) and examples from the case law, the author explains how the originality of a work is interpreted, how the condition that the work must embody in a materialized medium is regulated and what are the typical types of copyrighted works. In addition, the author explains the main differences when it comes to American Copyright system and how the concept of registration is viewed, after the ratification of the Bern Convention, which is one of the most common causes of the problem of protection of works whose right holders are unknown, which is extremely notable when speaking of the protection of cultural heritage of marginalized groups in American society. The paper aims to point out the similarities and differences between the copyright of the USA and the law of the continental legal system in terms of the conditions for the protection of copyright works.

scholarly journals So What Is Street Law Anyway – A U.S. Perspective

2017 ◽  
Vol 1 (1) ◽  
pp. 87
Author(s):  
Margaret E. Fisher
Keyword(s):  
United States ◽  
Legal Education ◽  
The United States ◽  
Law School ◽  
Law Students ◽  
Youth Engagement ◽  
Civic Learning ◽  
Common Term ◽  
History Of ◽  
The Law

<p>This article briefly explores the current problems surrounding young people’s knowledge, skills and engagement in the civic life of the democracy in the United States and the contributions that public legal education or civic learning<a title="" href="file:///X:/Academic%20Library%20Services/Research%20Support%20Team/Scholarly%20Publications/OJS/International%20Journal%20of%20Public%20Legal%20Education/05%20Margaret%20Fisher.docx#_ftn1">[1]</a> can make to improving youth engagement as members of a democracy. The article will acknowledge the contribution made by the law-related education movement of the 1950s. More specifically, the article will explore the history of a law school based program - Street Law -- that describes the most important way that law schools in the United States contribute to civic learning. Finally, the article will reveal the actual source of the term “Street Law” and the ongoing impact that Street Law has on the young people and the law students who teach it.</p><div><br clear="all" /><hr align="left" size="1" width="33%" /><div><p><a title="" href="file:///X:/Academic%20Library%20Services/Research%20Support%20Team/Scholarly%20Publications/OJS/International%20Journal%20of%20Public%20Legal%20Education/05%20Margaret%20Fisher.docx#_ftnref1">[1]</a> I will use the term “civic learning,” instead of public-legal education, which is the more common term in Washington State and in many other states in the U.S.</p></div></div>

scholarly journals Some Thoughts on Legal Education

2017 ◽  
Vol 48 (2) ◽  
pp. 209
Author(s):  
Geoffrey Palmer
Keyword(s):  
United States ◽  
New Zealand ◽  
Legal Education ◽  
The United States ◽  
The Law

As well as holding a practicing certificate for over 50 years, Sir Geoffrey Palmer has spent years teaching law, both in the United States and in New Zealand. Here, he reflects on his experiences of the law as a student, a practitioner and as a teacher and makes some observations about what this means for the discipline of law. The address concludes with the thought that what it means to be learned in the law is changing, and legal education has to change with it. Address delivered at the Australian Law Teachers Association (ALTA) 2016 Conference in Wellington on 7 July 2016.

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