Pub Date : 2007-12-06DOI: 10.1080/14760400701743349
A. Gillespie
Mooting is widely accepted as a ‘fun’ activity. Students, or perhaps more accurately some students, appear to like mooting and some staff like judging moots. This article seeks to discuss the proposition that mooting is not just ‘fun’, but that it can also be something more valuable, ie a vehicle for learning. The article is based on the research conducted by Gillespie and Watt published elsewhere (Gillespie and Watt, 2006). It is not, however, a rehearsal of the research, but rather seeks to build on the findings by questioning the use of mooting within the curriculum.
{"title":"Mooting for learning","authors":"A. Gillespie","doi":"10.1080/14760400701743349","DOIUrl":"https://doi.org/10.1080/14760400701743349","url":null,"abstract":"Mooting is widely accepted as a ‘fun’ activity. Students, or perhaps more accurately some students, appear to like mooting and some staff like judging moots. This article seeks to discuss the proposition that mooting is not just ‘fun’, but that it can also be something more valuable, ie a vehicle for learning. The article is based on the research conducted by Gillespie and Watt published elsewhere (Gillespie and Watt, 2006). It is not, however, a rehearsal of the research, but rather seeks to build on the findings by questioning the use of mooting within the curriculum.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125620910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2007-12-06DOI: 10.1080/14760400701743323
G. Broadbent
The reconstruction of students as consumers of educational products and services has led to changes in the ways in which universities operate. Part of this process has been the solicitation of the views of students with regard to numerous aspects of university provision. The profile of student evaluation as a measure of the effectiveness of university provision has been raised in recent years: the Higher Education Funding Council for England (HEFCE), the government, and the National Union of Students (NUS) in particular have given special prominence to this, culminating in the National Student Survey. These bodies appear to regard the opinions of students as a valuable indicator of the quality of university provision and thus as a source of useful information for stakeholders, especially prospective students. This article examines the concept of student evaluation, rather than any particular manifestation of it, and explores some of its implications for legal education. 1 An earlier version was given at t...
{"title":"Student evaluation and the quality of legal education","authors":"G. Broadbent","doi":"10.1080/14760400701743323","DOIUrl":"https://doi.org/10.1080/14760400701743323","url":null,"abstract":"The reconstruction of students as consumers of educational products and services has led to changes in the ways in which universities operate. Part of this process has been the solicitation of the views of students with regard to numerous aspects of university provision. The profile of student evaluation as a measure of the effectiveness of university provision has been raised in recent years: the Higher Education Funding Council for England (HEFCE), the government, and the National Union of Students (NUS) in particular have given special prominence to this, culminating in the National Student Survey. These bodies appear to regard the opinions of students as a valuable indicator of the quality of university provision and thus as a source of useful information for stakeholders, especially prospective students. This article examines the concept of student evaluation, rather than any particular manifestation of it, and explores some of its implications for legal education. 1 An earlier version was given at t...","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"64 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132584665","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2007-12-06DOI: 10.1080/14760400701743372
Stephen G. A. Pitel
Law school curriculum reform raises the notion of leadership in two distinct ways. First, curriculum reform is an administrative process and so is well suited to ideas of leadership. Second, legal academics should strive, in the many facets of their career, both to behave as professionals and to model professionalism to others, and leadership is an element of that professionalism. Curriculum reform therefore presents an important, if underappreciated, opportunity for legal academics to take up a leadership role. Leading a process of curriculum reform can be difficult, but there are several ways in which legal academics can improve the chances of a successful outcome.
{"title":"CHARTING NEW COURSES: LEADERSHIP IN CURRICULUM REFORM","authors":"Stephen G. A. Pitel","doi":"10.1080/14760400701743372","DOIUrl":"https://doi.org/10.1080/14760400701743372","url":null,"abstract":"Law school curriculum reform raises the notion of leadership in two distinct ways. First, curriculum reform is an administrative process and so is well suited to ideas of leadership. Second, legal academics should strive, in the many facets of their career, both to behave as professionals and to model professionalism to others, and leadership is an element of that professionalism. Curriculum reform therefore presents an important, if underappreciated, opportunity for legal academics to take up a leadership role. Leading a process of curriculum reform can be difficult, but there are several ways in which legal academics can improve the chances of a successful outcome.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117325389","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2007-12-06DOI: 10.1080/14760400701743380
O. Okene
The year 2005 witnessed significant changes to Nigerian labour law and the system of industrial relations. In that year, the government introduced legislative reforms aimed at reducing state interference in the regulation of industrial relations by democratising labour and complying with the International Labour Organization (ILO) requirements. The changes would appear to have given more impetus to collective bargaining as a crucial mechanism in the determination of wages and other terms and conditions of the employment of workers. However, there are other areas where the law seems to have rolled back workers' rights. This article is a critical assessment of the extent to which the new law affects workers' freedom of association in Nigeria. The discussion centres on three key changes brought about by the Act, namely membership of trade unions, collective bargaining and the right to strike. This article argues that significant aspects of the law still unduly restrict workers' freedom of association and tha...
{"title":"CURRENT ISSUES AND DEVELOPMENTS IN WORKERS' FREEDOM OF ASSOCIATION IN NIGERIA","authors":"O. Okene","doi":"10.1080/14760400701743380","DOIUrl":"https://doi.org/10.1080/14760400701743380","url":null,"abstract":"The year 2005 witnessed significant changes to Nigerian labour law and the system of industrial relations. In that year, the government introduced legislative reforms aimed at reducing state interference in the regulation of industrial relations by democratising labour and complying with the International Labour Organization (ILO) requirements. The changes would appear to have given more impetus to collective bargaining as a crucial mechanism in the determination of wages and other terms and conditions of the employment of workers. However, there are other areas where the law seems to have rolled back workers' rights. This article is a critical assessment of the extent to which the new law affects workers' freedom of association in Nigeria. The discussion centres on three key changes brought about by the Act, namely membership of trade unions, collective bargaining and the right to strike. This article argues that significant aspects of the law still unduly restrict workers' freedom of association and tha...","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116005620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2007-10-01DOI: 10.1080/14760400801906259
F. Toit
The South African Constitution has a determining effect on South African private law in that all private law legislation is testable against the fundamental rights enshrined in the Constitution’s Bill of Rights, and South African courts have an essential development task in respect of the common law principles of South African private law. In consequence, South African private law has undergone significant change under the influence of constitutional imperatives, which change will continue in future. I call this the ‘constitutionalisation’ of South African private law. In this article I examine some of the principal teaching challenges faced by South African private law academics in consequence of the constitutionalisation of private law, as well as a number of solutions to these challenges. To this end, I share the experience of private law colleagues at the University of the Western Cape, South Africa.
{"title":"THE ‘CONSTITUTIONALISATION’ OF SOUTH AFRICAN PRIVATE LAW: TEACHING CHALLENGES AND SOLUTIONS. THE EXPERIENCE AT THE UNIVERSITY OF THE WESTERN CAPE, SOUTH AFRICA","authors":"F. Toit","doi":"10.1080/14760400801906259","DOIUrl":"https://doi.org/10.1080/14760400801906259","url":null,"abstract":"The South African Constitution has a determining effect on South African private law in that all private law legislation is testable against the fundamental rights enshrined in the Constitution’s Bill of Rights, and South African courts have an essential development task in respect of the common law principles of South African private law. In consequence, South African private law has undergone significant change under the influence of constitutional imperatives, which change will continue in future. I call this the ‘constitutionalisation’ of South African private law. In this article I examine some of the principal teaching challenges faced by South African private law academics in consequence of the constitutionalisation of private law, as well as a number of solutions to these challenges. To this end, I share the experience of private law colleagues at the University of the Western Cape, South Africa.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124416882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2007-10-01DOI: 10.1080/14760400801906226
D. Mcquoid-mason
Psychological studies have shown that the lecture method is one of the least effective means of communication and should be complemented by interactive teaching methods if students are to remember and understand what they are being taught. There are a wide variety of teaching methods available to human rights educators apart from the usual lecture method. The most successful teaching techniques, however, involve interactive exercises, especially those that rely on experiential learning by the participants. The writer has found that best way to teach human rights is to use the Street Law technique which draws on the experiences of the participants and relates their experiences to the national, regional and international human rights instruments available to protect them. This will not only assist them to remember the importance of the human rights taught, but will also enable them to understand their practical application.
{"title":"METHODS OF TEACHING HUMAN RIGHTS: SOME EXAMPLES FROM STREET LAW LEGAL LITERACY PROGRAMMES","authors":"D. Mcquoid-mason","doi":"10.1080/14760400801906226","DOIUrl":"https://doi.org/10.1080/14760400801906226","url":null,"abstract":"Psychological studies have shown that the lecture method is one of the least effective means of communication and should be complemented by interactive teaching methods if students are to remember and understand what they are being taught. There are a wide variety of teaching methods available to human rights educators apart from the usual lecture method. The most successful teaching techniques, however, involve interactive exercises, especially those that rely on experiential learning by the participants. The writer has found that best way to teach human rights is to use the Street Law technique which draws on the experiences of the participants and relates their experiences to the national, regional and international human rights instruments available to protect them. This will not only assist them to remember the importance of the human rights taught, but will also enable them to understand their practical application.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133241064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2007-10-01DOI: 10.1080/14760400801906234
J. O'connell
This article tracks the development of a new legal profession in the United Kingdom: career paralegals. It considers the commercial, socio‐economic, political and historical factors influencing the development of the paralegal profession and also hindering and warping aspects of its development. The article further considers how blinkered attitudes within the traditional legal profession have led to the growth of a half‐million strong body of legal practitioners without many in the traditional legal profession even noticing. Finally, the article considers some of the lessons learned from the UK experience to date and how they may be of assistance to other jurisdictions.
{"title":"THE DEVELOPMENT OF A PARALEGAL PROFESSION IN THE UNITED KINGDOM","authors":"J. O'connell","doi":"10.1080/14760400801906234","DOIUrl":"https://doi.org/10.1080/14760400801906234","url":null,"abstract":"This article tracks the development of a new legal profession in the United Kingdom: career paralegals. It considers the commercial, socio‐economic, political and historical factors influencing the development of the paralegal profession and also hindering and warping aspects of its development. The article further considers how blinkered attitudes within the traditional legal profession have led to the growth of a half‐million strong body of legal practitioners without many in the traditional legal profession even noticing. Finally, the article considers some of the lessons learned from the UK experience to date and how they may be of assistance to other jurisdictions.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126400696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2007-10-01DOI: 10.1080/14760400801906242
K. S. Ebeku
In modern democratic societies, lawyers are recognised as important, almost indispensable, professionals: they play important roles in different aspects of the life of society. Hence, most countries of the world, including most Commonwealth countries, take especial interest in the training of lawyers and the regulation of the legal profession. Importantly, most Commonwealth countries have local institutions for the academic and professional training of lawyers. However, in the Republic of Cyprus, the local training of lawyers, especially with regard to the academic stage, is only just beginning. Similarly, the professional stage, although existing for a fairly long time, is arguably at its early stages of development. This article seeks to show how legal education is just beginning to develop in the Republic of Cyprus, as well as the challenges ahead. Among other things, this article will consider the processes of development thus far concluded, as well as the continuing processes (including the Europeani...
{"title":"DEVELOPING LEGAL EDUCATION IN THE COMMONWEALTH: THE CASE OF THE REPUBLIC OF CYPRUS","authors":"K. S. Ebeku","doi":"10.1080/14760400801906242","DOIUrl":"https://doi.org/10.1080/14760400801906242","url":null,"abstract":"In modern democratic societies, lawyers are recognised as important, almost indispensable, professionals: they play important roles in different aspects of the life of society. Hence, most countries of the world, including most Commonwealth countries, take especial interest in the training of lawyers and the regulation of the legal profession. Importantly, most Commonwealth countries have local institutions for the academic and professional training of lawyers. However, in the Republic of Cyprus, the local training of lawyers, especially with regard to the academic stage, is only just beginning. Similarly, the professional stage, although existing for a fairly long time, is arguably at its early stages of development. This article seeks to show how legal education is just beginning to develop in the Republic of Cyprus, as well as the challenges ahead. Among other things, this article will consider the processes of development thus far concluded, as well as the continuing processes (including the Europeani...","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127033112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2007-10-01DOI: 10.1080/14760400801906218
O. Jones
This article is based on a paper given by the author at the 2007 Commonwealth Legal Education Association Conference in Nairobi. Its focus is the way in which universities teach statutory interpretation. Although statutes are now the pre-eminent source of law throughout the Commonwealth, it appears that their interpretation forms, at most, half of a core subject early on in an undergraduate law degree. This must change. Students should, of course, receive a brief introduction to statutory interpretation at the outset of their studies. However, they should also take a core subject late in their degrees to ensure that, as lawyers, they will be able to master any statute they encounter.
{"title":"STATUTORY INTERPRETATION: THE CASE FOR A CORE SUBJECT","authors":"O. Jones","doi":"10.1080/14760400801906218","DOIUrl":"https://doi.org/10.1080/14760400801906218","url":null,"abstract":"This article is based on a paper given by the author at the 2007 Commonwealth Legal Education Association Conference in Nairobi. Its focus is the way in which universities teach statutory interpretation. Although statutes are now the pre-eminent source of law throughout the Commonwealth, it appears that their interpretation forms, at most, half of a core subject early on in an undergraduate law degree. This must change. Students should, of course, receive a brief introduction to statutory interpretation at the outset of their studies. However, they should also take a core subject late in their degrees to ensure that, as lawyers, they will be able to master any statute they encounter.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129420517","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2006-11-06DOI: 10.1080/03050710600800145
A. Voiculescu
The Cotonou Agreement between the African, Caribbean and Pacific (ACP) countries and the European Union (EU) has received much attention in the past years. Most of the time, this attention focuses on the economic dimensions of the Agreement, while forgetting that the co‐operation partnerships that the Agreement generates are meant to be centred on human rights and human development rather than on economic development per se. This article evaluates the human rights potential of the Cotonou Agreement and of the development co‐operation policies initiated between the ACP countries and the EU under this agreement. First, the article looks at the EU regulatory framework and the place of the Lome Conventions in the human rights and trade debate, as well as in the generation of the Cotonou Agreement. Next, the article presents those elements of the Cotonou Agreement that reveal a potential for enhanced human rights realisation in the ACP countries. Through the Cotonou Agreement the participation and integration of the ACP countries in the global market economy is not only ‘footnoted’ with human rights rhetoric, but also infused with human rights principles and human development standards. Last, the shortcomings inherent in the Agreement are identified and assessed, and the implications of these shortcomings for the realisation of human rights and development are highlighted in the conclusions.
{"title":"UNORTHODOX HUMAN RIGHTS INSTRUMENTS: THE ACP‐EU DEVELOPMENT CO‐OPERATION FROM THE LOMÉ CONVENTIONS TO THE COTONOU AGREEMENT","authors":"A. Voiculescu","doi":"10.1080/03050710600800145","DOIUrl":"https://doi.org/10.1080/03050710600800145","url":null,"abstract":"The Cotonou Agreement between the African, Caribbean and Pacific (ACP) countries and the European Union (EU) has received much attention in the past years. Most of the time, this attention focuses on the economic dimensions of the Agreement, while forgetting that the co‐operation partnerships that the Agreement generates are meant to be centred on human rights and human development rather than on economic development per se. This article evaluates the human rights potential of the Cotonou Agreement and of the development co‐operation policies initiated between the ACP countries and the EU under this agreement. First, the article looks at the EU regulatory framework and the place of the Lome Conventions in the human rights and trade debate, as well as in the generation of the Cotonou Agreement. Next, the article presents those elements of the Cotonou Agreement that reveal a potential for enhanced human rights realisation in the ACP countries. Through the Cotonou Agreement the participation and integration of the ACP countries in the global market economy is not only ‘footnoted’ with human rights rhetoric, but also infused with human rights principles and human development standards. Last, the shortcomings inherent in the Agreement are identified and assessed, and the implications of these shortcomings for the realisation of human rights and development are highlighted in the conclusions.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129310813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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