CONTINUITY OF LEGAL AND EDUCATIONAL DISCOURSE AS A CRITICAL SIGN OF THE PROFESSIONAL LEGAL STAFF TRAINING SYSTEM IN RUSSIA

Among other traditions of domestic legal education and science, it is important to designate the legal and educational discourse that has been going on for more than one century. Being continuous, it ensures the continuity of the development of the system of training legal personnel, its stable and effective evolution. Reflecting the clash of old and new, the discourse on what and how to teach future lawyers or how to teach law is filled with formalized, organized discussions, as well as informal discursive practices. Examples of formalized discussions are the “literary plebiscite” of the early 20th century, the discussion of the problems of Soviet legal education in specialized journals of the 1920s, as well as the scientific substantiation of the “model of the Soviet lawyer”. The informal component of the discourse includes the practice of recalling various actors in the system of training professional legal personnel, including those reflected in ego sources, oral history. Particular attention is paid to “profile” discussions on social networks and the relationship “teacher-student”. The conclusion is made about the need for further, deeper knowledge of the experience of domestic legal and educational discourse.

Remote medico-legal assessment by telephone during COVID-19: Monitoring safety and quality when documenting evidence of torture for UK asylum applicants

Due to the Covid-19 pandemic, we developed remote assessment to provide interim medicolegal reports, ensuring people could obtain medical evidence to support their asylum claim. The Freedom from Torture research ethics committee approved the project. To audit this new way of working we collected feedback from the doctors, interpreters, individuals being assessed, and senior medical and legal staff who reviewed the reports. This paper presents findings from the first 20 assessments. Individuals reported that the doctors developed good rapport, but in 35% of assessments reported that there were some experiences they felt unable to disclose. In 70% of assessments, doctors felt that rapport was not as good as when face-to-face. In a majority of assessments the doctor was unable to gain a full account of the torture or its impact. Doctors reported feeling cautious about pressing for more information on the telephone, mindful of individuals’ vulnerability and the difficulty of providing support remotely. Nevertheless, in 85% of assessments doctors felt able to assess the consistency of the account of torture that was given with the psychological findings, in accordance with the Istanbul Protocol. The surveys indicated factors that hindered the assessment: inability to observe body language, the person’s ill health, and confidentiality concerns. The limitations of these assessments underline the need for a follow-up face-to-face assessment to expand the psychological assessment and undertake a physical assessment. This research indicates that psychological medico-legal reports can safely be produced by telephone assessment, but are more likely to be incomplete in terms of both full disclosure of torture experiences and psychological assessment.

Democratic Traditions of the European Universities as the Development Assurance of Ukrainian Higher Education Institutions in Interwar Period

The article deals with the study of the Ukrainian scientists’ activities in one of the largest and most notable centres of Ukrainian political emigration since the early twenties of the 20th century – in the Prague one. It has been pointed out that the Ukrainian intellectuals in foreign countries did not abandon their thoughts about the restoration of a united sovereign state. The Ukrainian state and legal thought development were associated both with the functioning of the Ukrainian Free University as well as other higher education institutions and with the broad involving of European democratic traditions during the emigration period. The professors had to solve such important and difficult tasks as: to create independent university courses on many disciplines for Law Department which programmes had already been significantly expanded in Prague. Having a complicated scientific and methodological work the Ukrainian scientists performed a responsible task successfully; dozens of legal courses were compiled and partially published, most of the specializedcourses differed in originality and made a significant contribution to the development of legal thought and science. Regarding the teaching activity of scientists in emigration, and in the past many of them were lawyers-practitioners and statesmen, we should note that their reports and lecture materials are characterized by deep preparation, content, thoughtfulness and consistency of the basic idea development. The training of Ukrainian youth in higher education institutions in Czechoslovakia was completely saturated not only with European worldview and methodological approaches, but also retained progressive national-state traditions. The forced situation, in which legal scientists got, brought them to such a theoretical and practical level of training of legal staff, to which we are only approaching today. This stage was viewed by young people as temporary and did not even imagine that they would remain in the West forever; prepared to “return home not empty-handed”. Thus, modern legal education and science need advanced more thorough research on the legal refinement of legal scholars in exile. University students and postgraduate students should take an active part in events where scientists and students of law faculties of Ukrainian higher schools in Europe are popularized. It is advisable to organize discussions about state-legal, socio-political views, cultural activities of figures. It is also necessary to intensify the individual search for the scientific activities of Ukrainian emigration in certain areas of law.

Reflections upon the Privacy in the Converged Commercial Radio: A Case Study of Royal Prank

This article focuses on the problematic consequences of shifting boundaries of converged radio practices for individual privacies. Holding that privacy is constructed through the interrelated information practices of both individuals and their mediated surroundings, it addresses radio as a previously intimate and privacy friendly medium. The case of the <em>Royal Prank </em>call by the Australian 2DayFM radio station demonstrates how contemporary converged radio practices affect the privacies of unintended participants in their shows. In December 2012, Jacintha Saldanha, nurse of London’s Royal King Edward VII Hospital committed suicide after two Australian radio presenters had made a prank phone call pretending to be Queen Elizabeth and Prince Charles concerned about the state of Duchess Kate’s health, who was expecting her first child. The case identifies three conditions, each with implications on privacy. First, digitization renders radio content archivable and repeatable. There is a second life of radio programs keeping available information about any people involved. Secondly, the division of radio related labour leads to a lack of journalistic responsibility for respecting privacy standards. Broadcasters feel no need to be sensitive regarding the consequences of disseminated material, as commercial and legal staff decide on that. Finally, legal frameworks continue to apply legacy radio privacy measures and do not correspond to these new working conditions, as the reactions of the Australian supervisory authority show. In consequence, the case of the <em>Royal Prank </em>call demonstrates the impossibility to fight individual privacy when one is unintentionally involved in radio shows.

Part IV Section 4 in Theory, 14 Improving Section 4

This chapter examines some of the suggestions made for improving Section 4. Those suggestions that would require congressional action or, worse yet, a constitutional amendment, are rejected as being too difficult to make happen. More promising are reforms that require only presidential leadership or keen work by the President’s legal staff. Presidents and their teams typically construct elaborate contingency plans for using Section 4. These plans need to be resolute about handling potentially difficult ambiguities. They also need to be publicized so that wider knowledge—among the President, his staff, and the general public—will prevent damaging uncertainty from ever arising in an actual case.

THE APOLITICAL SOCIAL CONTRACT: CONTEMPORARY DEMOCRATIC POLITICS BEYOND DEPOLITICIZED SOCIAL CONTRACT

ABSTRACT This article provides a criticism of the apolitical starting point of social contract theories through the analysis of Rawls's original position and Habermas's idea of complex society, arguing that such depoliticized starting point leads to the refusal of the centrality of social struggles between classes as the basis of streamlining social evolution and institutional constitution. In order to achieve political agreement, it erases and even eliminates the struggles between social classes, the status quo and the social-political differences between social groups as the core of societal and institutional configuration. Moreover, it leads to strong institutionalism-the centrality of the formal spheres and subjects (institutions, their proceduralism and legal staff, as political parties and courts) in relation to informal spheres and subjects (civil society, social movements and citizen initiatives). Therefore, the political consequences of a depoliticized or apolitical starting point are threefold: (a) the depoliticization of social struggles between opposed social classes, (b) the strong institutionalism by the emphasis in the depoliticized institutions and in the rule of law, and (c) the weakening of a democratic political praxis performed by social movements and citizen initiatives from a direct contraposition and even substitution of the institutions, their proceduralism and legal staff with the spontaneous politicalcultural praxis of these social movements and citizen initiatives. The great problem and challenge of contemporary democratic societies, namely the correlation between strong institutionalism, political parties and economic oligarchies, cannot be resolved from the juridical-political procedural paradigm's emphasis on institutionalism and the rule of law, but only by a reaffirmation of political praxis as the fundamental core of institutional and societal constitution, legitimation and evolution, which implies that democratic politics must be conceived of as a permanent struggle against strong institutionalism by the political subjects of civil society. Here a permanent and radical politicization of the informal public spheres and subjects is required.

Using Public Health Legal Counsel Effectively: Beliefs, Barriers and Opportunities for Training

Laws, ordinances, regulations, and executive orders create the powers and duties of public health agencies and modify the complex community conditions that affect health. Appropriately trained legal counsel serving as legal advisors on the health officer's team facilitate clear understanding of the legal basis for public health interventions and access to legal tools for carrying them out.Legal counsel serve public health agencies via different organizational arrangements — e.g., internal staff counsel, external counsel from the state attorney general's (AG) office, state health department, county or city, or private counsel under contract, or in combination. As of 2011, most state health departments (63%) employ their own counsel, and 56% use AG counsel, while 17% contract with independent attorneys; most local health departments (66%) work with attorneys and legal staff assigned by local government, by the state health agency (23%), or contract with outside attorneys and legal staff (15%).

Sustainable Regional Legal Practice: The Importance of Alliances and the Use of Innovative Information Technology by Legal Practices in Regional, Rural and Remote Queensland

Recent reports into legal services in regional, rural and remote Queensland indicate that the supply of legal practitioners is insufficient to provide adequate legal services. This paper draws on the results of thirty in-depth interviews with partners (and directors of incorporated legal practices) on the topic of sustainable regional, rural and remote legal practice, with reference to business management practices. This paper focuses on the use of informal alliances between practitioners, and their use of innovative information technology in an effort to deal with the insufficiency of qualified legal staff.