scholarly journals Practical Legal Research

2014 ◽  
Vol 52 (1) ◽  
pp. 145
Author(s):  
J.E. Côté ◽  
D.J. MacGregor

Keeping current with changes in the law is fundamental for law students, lawyers, and judges. Effective skills in legal research are necessary to accomplish this goal. Unfortunately, most guidance on legal research tends towards either overly laborioustechniques or the use of shortcuts. This article addresses this issue by providing a practical, realistic, balanced, reliable, and flexible approach to the research that is critical in the legal profession.

1976 ◽  
Vol 4 (3) ◽  
pp. 403-413
Author(s):  
Leila M. Foster

Behavioral science can be of assistance to the legal profession in (1) substantive development of the law from interdisciplinary contributions and (2) improvement of professional skills. A questionnaire sent to law professors teaching law and psychiatry and law and society courses reveals some of the innovative programs offered to some law students. Bar associations also are becoming interested in providing continuing education in this area. Professionals of both behavioral science and law should be encouraged to increase areas of communication between the disciplines.


2021 ◽  
pp. 1-6
Author(s):  
Saskia Stucki ◽  
Guillaume Futhazar ◽  
Tom Sparks ◽  
Bruce Ackerman ◽  
Fatou Bensouda ◽  
...  

 The World Lawyers’ Pledge on Climate Action is an open letter from and to the global legal community, calling for the mainstreaming of climate concerns throughout the law and legal profession. It seeks to rethink and redefine the role and responsibilities of lawyers in the climate crisis, and invites lawyers of all kinds –including practitioners, judges, scholars, civil servants, law students, and lawmakers –to integrate climate concerns into their respective areas of expertise and work. The magnitude and urgency of the climate crisis require all lawyers, not just environmental lawyers, to be part of the solution and contribute to climate-protective legal development. The Pledge can be endorsed and signed at http://www.lawyersclimatepledge.org.


2020 ◽  
Vol 5 (3) ◽  
pp. 63
Author(s):  
Samuel V. Jones

Today, law student safety is a serious but often missed objective in American law schools. According to a recent survey, the typical American family wants to know their law student is safe even more than they want their law student to acquire a first-rate legal academic experience. Despite the importance of law student mental health to student performance, and cultural objectives unique to legal education, law students are not only highly vulnerable to acquiring mental health challenges during law school but are prone to be overlooked, and perhaps blamed or condemned for their mental health challenges, albeit unintentionally. My work asserts that despite the chief objective of law schools being to educate knowledgeable, competent, legal professionals, and provide them with the necessary skills to resolve complex legal essentials for corporations and government, as well as advance social justice, and to promote equal treatment for all, inherent in the nature of legal education, is a seemingly widely accepted risk of compromising law student mental health. Relying on qualitative studies and journalistic reports, my work will demonstrate that law students experience high incidents of personal depression, anxiety, extreme sadness, loss of interest or desire, feelings of guilt or low self-esteem, disturbed sleep or appetite, low energy, poor concentration, and a myriad of other mental and physical calamities, all of which greatly exceeds that of the law faculty, and surpasses levels experienced by medical and graduate students at American schools of higher education. My work further acknowledges that law student anxiety and depression are inextricably linked to the rigorous academic demands of legal education. Still it argues and set forth that law student mental health is related to avoidable conditions and patterns in the law school environment that enable or fail to account for the law student’s inexperience with coping with intense stress, emotional uncertainty, geographical isolation from loved ones, strained financial resources, poor job prospects, family strife, drug or alcohol abuse, homelessness, or lack of a culturally responsive learning environment. Granted, the legal profession is not for everyone. My work argues that law schools cannot turn a blind eye to the plight of law students as if no degree of accountability and responsibility lies with the law school. Indeed, law schools, albeit unintentionally, may be some of the chief investors in patterns of conduct that compromise the physical, emotional, and mental safety of law students. Recognition of a law school’s duty to students, in my view, requires law schools to resist the rhetoric of self-exceptionalism. Law schools, have an obligation, reluctantly or not, to concretely curtail repeated patterns of professional abuse, neglect, dereliction of academic duties, social domination, and student exploitation, that are uniquely embedded in the culture of legal education. Simply put, law student safety needs, coupled with the intricacies and unforgiving consequences of today’s competitive legal job market and high cost of legal education, warrant that law schools resist the impulses that prioritize institutional-preservation and subordinate student mental health under the guise of teaching students the harsh realities of the legal profession and preparing them for legal practice. My work argues that student physical, emotional, mental and academic safety should, and must become a critical component of legal education.


2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Ninik Meiyudianti

Obligation of creditor in making report for nullification of debt in fiduciary registration office to delete the record of fiduciary object is known as liability omission (Roya). Liability omission can be done when debtor paying off all debts that is possessed to the creditor.  When liability omission (roya) is not conducted by the creditor after debtor pay off all the debt, it certainly harms  the debtor since he/she as debtor is not able to use the fiduciary object to make new credit agreement with other parties. The present research aims to elaborate and examine further about the obligation of creditor in performing liability omission toward the fiduciary object when the debtor paying off all the debts. Moreover, the present study tries to elaborate further about accountability of creditor regarding negligence in performing liability omission toward fiduciary object that has been paid off.  The method used in the present study is a normative legal research, namely legal research which is conducted by examining the library materials or secondary law while in finding and collecting the data is done by two approaches, namely the law and conceptual approaches.  The present study shows that deletion record of fiduciary object based on paying off of debts by the debtor shall be performed by the creditor. When creditor neglects in performing this act within fourteen days (14) after the repayment of debt, it can be justified as infringement of law. Moreover, creditor shall responsible to pay all losses that is experienced by the debtor.


2019 ◽  
Author(s):  
Rizal Arya Wibowo

The company is related to things that occur after the law that is related to corporate crime. The purpose of the discussion of this article is to find out about prison sentences imposed on corporations, detention and settlement of corporate criminal acts. The type of legal research conducted is a type of normative legal research that examines literature sources without conducting field research. The conclusion of this article is that it can be fined, approved and finalized.


2007 ◽  
Vol 7 (1) ◽  
pp. 17-19 ◽  
Author(s):  
Gerry Power

Gerry Power was invited to go to the University of Jos in April 2006 to present workshops to the Law Faculty and other interested legal professionals on using the internet for legal research. He writes about his experiences in dealing with running online workshops whilst coping with electricity shortages and the incredible experience of Nigeria!


2021 ◽  
Vol 1 (4) ◽  
Author(s):  
Asnu Fayakun Arohmi

This research examines the legal protection provided for illegal Indonesian workers in Malaysia and the obstacles to perform it. Malaysia are the largest number compared to another country in Asia in receiving migrant workers from Indonesia. In total there are 73.178 migrant workers. A large number of Indonesian migrant workers is caused by the lack of jobs vacancy in the country, so citizens look for a job abroad. The requirements to become Indonesian migrant workers are not easy, therefore many of them went abroad illegally. Illegal Indonesian workers often get inhuman treatment. Indonesian goverment should protect every citizen, even though they are illegal workers, since they are still Indonesian citizen. This paper is based on normative-empirical legal research with the data obtained from interviews, as well as from secondary sources provided in laws governing these matters, journals or from trusted sites of internet. The results of this study show that: first, the Law No. 18 of 2017 on Protection of Migrant Worker does not differentiate the protection for illegal and legal Indonesian migrant workers. Second, there are two obstacles faced by the Indonesian government: lack of data regarding the illegal Indonesian workers and lack of state budget to handle the protection of illegal Indonesian workers.


2021 ◽  
Vol 1 (1) ◽  
pp. 29-40
Author(s):  
Haris Djayadi

The purpose of this study is first to find out the pattern of dispute resolution in the franchise practice of Teh Poci, the second is to describe what the ideal pattern should be. In accordance with the characteristics of the existing problems, the most relevant form of approach to analyzing the above problems is empirical legal research. This research sees law as a reality in society, meaning how the law is practiced. The settlement of default on the agreement in the Tea Poci product franchise business in Ponorogo is the cancellation of the contract as a result of default and is settled on the principle of peace, namely by consulting and negotiation techniques. Ideally, under such a mechanism the franchisor should develop an internal procedure for handling complaints. However, this procedure is not stipulated in the franchise agreement and meets certain minimum standards. This standard should provide a procedure for resolving disputes. If a dispute arises, either party can initiate a complaint handling procedure under the Code of Conduct, or under a franchise agreement.Tujuan dari penelitian ini adalah pertama untuk mengetahui pola penyelesaian sengketa dalam praktek waralaba Teh Poci, kedua untuk mendeskripsikan pola yang ideal yang seharusnya. Sesuai dengan karakteristik permasalahan yang ada, bentuk pendekatan yang paling relevan untuk menganalisis permasalahan di atas adalah penelitian hukum empiris. Penelitian ini melihat hukum sebagai realitas dalam masyarakat, artinya bagaimana hukum itu dipraktikkan. Penyelesaian wanprestasi atas kesepakatan dalam usaha waralaba produk Teh Poci di Ponorogo adalah batalnya akad akibat wanprestasi dan diselesaikan dengan prinsip damai yaitu dengan teknik konsultasi dan negosiasi. Idealnya, di bawah mekanisme seperti itu pemilik waralaba harus mengembangkan prosedur internal untuk menangani keluhan. Namun, prosedur ini tidak diatur dalam perjanjian waralaba dan memenuhi standar minimum tertentu. Standar ini harus menyediakan prosedur untuk menyelesaikan perselisihan. Jika timbul perselisihan, salah satu pihak dapat memulai prosedur penanganan keluhan berdasarkan Kode Etik, atau berdasarkan perjanjian waralaba.


Sign in / Sign up

Export Citation Format

Share Document