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Building a Better Bar: The Twelve Building Blocks of Minimum Competence 建立一个更好的酒吧:最低能力的12块积木
Pub Date : 2020-12-01 DOI: 10.2139/SSRN.3793580
D. J. Merritt, Logan Cornett
The bar exam tries to distinguish minimally competent lawyers from incompetent ones: it exists to protect the public from the harms of incompetent legal representation. That protection is critical to maintaining the integrity of the profession, but the bar exam achieves that goal only if it effectively assesses minimum competence. Although the bar exam has existed for more than a century, there has never been an agreed-upon, evidence-based definition of minimum competence. Absent such a definition, it is impossible to know whether the bar exam is a valid measure of the minimum competence needed to practice law or an artificial barrier to entry. We designed this study to address these substantial gaps in our knowledge, build on the existing research, and develop an evidence-based definition of minimum competence. We conducted 50 focus groups using a protocol we developed to gather data about the knowledge and skills new lawyers need to practice competently. Of those focus groups, 41 were conducted with new lawyers, while the remaining nine were conducted with those who supervise new lawyers. The data from these focus groups suggest that minimum competence consists of 12 interlocking components — or “building blocks.” Based on the data, it is also clear that exams should be open book and provide greater time to complete. Multiple choice questions bear little resemblance to the cognitive skills lawyers use and should be avoided; instead, written performance tests do in fact resemble many of the tasks that new lawyers perform and are encouraged. Additionally, practice-based assessments, such as ones based on clinical performance, offer promising avenues for evaluating minimum competence beyond the bar exam. In this report, we also outline 10 recommendations that courts, law schools, bar associations, bar examiners, and other stakeholders should consider in their efforts to move towards better, evidence-based lawyer licensing.
律师资格考试试图区分能力最低的律师和不称职的律师:它的存在是为了保护公众免受不称职的法律代表的伤害。这种保护对于维护律师行业的诚信至关重要,但律师资格考试只有在有效评估最低能力的情况下才能实现这一目标。尽管律师资格考试已经存在了一个多世纪,但对最低能力的定义从来没有一个公认的、基于证据的定义。如果没有这样的定义,就不可能知道律师资格考试是衡量从事法律工作所需的最低能力的有效标准,还是人为的进入障碍。我们设计这项研究是为了解决我们知识上的这些实质性差距,在现有研究的基础上,制定一个以证据为基础的最低能力定义。我们利用自己制定的一项协议,对50个焦点小组进行了调查,以收集有关新律师胜任工作所需的知识和技能的数据。在这些焦点小组中,41个是与新律师进行的,其余9个是与新律师的主管进行的。这些焦点小组的数据表明,最低能力包括12个相互关联的组成部分——或称“构建块”。根据数据,很明显,考试应该开卷,并提供更多的时间来完成。多项选择题与律师使用的认知技能几乎没有相似之处,应该避免;相反,书面表现测试实际上与新律师执行的许多任务相似,并且受到鼓励。此外,基于实践的评估,如基于临床表现的评估,为评估律师资格考试以外的最低能力提供了有希望的途径。在本报告中,我们还概述了法院、法学院、律师协会、律师考试官和其他利益相关者在努力朝着更好的、基于证据的律师许可方向发展时应考虑的10项建议。
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引用次数: 2
Opening or Solidifying? The Trend of the Intergenerational Mobility in China since the Implementation of the Reform and Opening-up Policy 开口还是固化?改革开放以来中国的代际流动趋势
Pub Date : 2020-06-13 DOI: 10.2139/ssrn.3626352
Zhiqiang Yue, Ke Yin
Based on the findings of the China General Social Survey, this study aims to analyze the trend of the intergenerational mobility in China since the implementation of the reform and opening-up policy by evaluating the absolute and relative mobility rates through the mobility table. The intergenerational mobility level in China is relatively high from the perspective of the absolute mobility rates. Besides, the overall trend is upward and social openness is quite high. However, the intergenerational mobility level is relatively low and gradually declining from the perspective of the relative mobility rates that reflect the equality of mobility opportunities. In addition, the social class structure shows a tendency of solidifying. While the absolute mobility rates reflect the efficiency of the intergenerational mobility, the relative mobility rates reflect its fairness. However, since the implementation of the reform and opening-up policy, Chinese society appears to be in a state of inadequate equality but with high efficiency. In this study, we generally regarded education as a critical factor of the intergenerational mobility. Lately, China has implemented a series of education policies, including the resumption of university entrance examination policy, compulsory education policy, and college enrollment expansion policy. The Chinese government endeavors to enhance national education attainment and sustain absolute mobility at a higher level. Nevertheless, the differences in education attainment of offspring from different social classes have increased gradually, making education inequality a significant factor of lower relative mobility. Thus, the government should increase the intergenerational mobility level by creating a healthy and stable economic development environment and improving education inequality.
本研究以中国社会综合调查结果为基础,通过流动性表对绝对流动性和相对流动性进行评估,分析改革开放以来中国代际流动性的趋势。从绝对流动率来看,中国的代际流动水平相对较高。此外,总体趋势是向上的,社会开放度很高。然而,从反映流动机会平等的相对流动率来看,代际流动水平相对较低,并逐渐下降。此外,社会阶层结构也呈现出固化的趋势。绝对流动性反映了代际流动的效率,相对流动性反映了代际流动的公平性。然而,改革开放以来,中国社会出现了一种平等不足、效率高的状态。在本研究中,我们普遍认为教育是代际流动的关键因素。最近,中国实施了一系列的教育政策,包括恢复高考政策、义务教育政策和大学扩招政策。中国政府努力提高国民受教育程度,保持较高水平的绝对流动性。然而,不同社会阶层后代的受教育程度差异逐渐加大,教育不平等成为相对流动性降低的重要因素。因此,政府应该通过创造健康稳定的经济发展环境和改善教育不平等来提高代际流动水平。
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引用次数: 3
Innovative Methods in Teaching of the Discipline 'Fair Employment Practices Law' for Professional Training of Future Lawyers 面向未来律师专业培训的“公平就业实务法”学科创新教学方法
Pub Date : 2017-11-01 DOI: 10.21125/ICERI.2017.0446
Anna Skorobogatova, I. Melihova, Nataliya Datcko
Today our society with its changes in all spheres and social institutions has got some acute issues about teaching of future professionals.

Education in universities should ensure the training of a competent specialist with a broad general scientific horizon, capable of using the latest achievements of science, technology and practice, specialist who can work with people, make correct decisions, both in typical and non-standard situations. Also higher institutions should provide skills which will be useful in profession and just in ordinary life.

In this regard, the tutors are faced with the task of determining the optimal means and methods of teaching that positively influence the quality of the future lawyers’ training.

The article defines the importance and urgency of using effective methods in the teaching of the discipline ‘Fair employment practices law’. The necessity for their inclusion in the educational process as an important condition for the formation of professionalism of future lawyers is considered by the authors on the example of drafting an employment contract in a non-standard situation. The skills of the practical contract formation of this document come up against the current problem that is the use of Internet information, which in its arsenal contains a significant number of "standard" labor contracts, which can be easily analyzed, criticized and copied. But for students it is difficult to learn how to compose such documents in unusual conditions, it is really complicated to depart from some standards or clichés. Unusual formulation of the problem - the drafting of an employment contract in this situation - encourages students to think and solve practical problems independently and gives the opportunity to develop professionally significant qualities, skills and abilities. The introduction of innovative technologies in the professional training of the future specialist is an indispensable element in the formation of the foundations of professionalism. The new approach to the teaching process is a prerequisite for modern higher education.
In the course of modelling, introduction and approbation of the tutorials the authors use the methods of theoretical research (literature review and synthesis of advanced pedagogical experience and empirical research (testing, questioning, methods of information presentation). The analysis of curricula, educational programs and methodological complexes found the fact of insufficient attention to the development of professionally significant qualities.

The authors present the analysis of possibilities of this innovative teaching method in education for future lawyers. Monitoring the results is a necessary and important process in the system of high education. This gives an idea of the potential of students, allows diagnosing the perspective of their study. We strongly believe that this method contributes to the promotion of scientific knowledge, strengthening th
今天,随着社会各领域和社会机构的变化,我们的社会对未来专业人才的教学产生了一些尖锐的问题。大学教育应确保培养具有广阔的科学视野,能够运用最新的科学、技术和实践成果,在典型和非标准情况下都能与人合作,做出正确决策的合格专家。此外,高等院校应该提供在职业和日常生活中有用的技能。在这方面,导师面临的任务是确定对未来律师培训质量产生积极影响的最佳教学手段和方法。文章明确了在“公平就业实务法”学科教学中采取有效方法的重要性和紧迫性。作者以在非标准情况下起草雇佣合同为例,认为将律师纳入教育过程的必要性是未来律师专业精神形成的重要条件。该文件的实用合同形成技巧遇到了当前的问题,即利用互联网信息,在其武库中包含大量的“标准”劳动合同,这些合同很容易被分析,批评和复制。但是对于学生来说,学习如何在不寻常的情况下撰写这样的文档是很困难的,要脱离一些标准或陈词滥调是很复杂的。不同寻常的问题提法——在这种情况下起草雇佣合同——鼓励学生独立思考和解决实际问题,并为培养专业重要素质、技能和能力提供机会。在未来专家的专业培训中引入创新技术是形成专业基础不可或缺的因素。教学过程的新途径是现代高等教育的先决条件。在教程的建模、介绍和审核过程中,作者采用了理论研究(文献综述和先进教学经验的综合)和实证研究(测试、提问、信息呈现方法)的方法。对课程、教育计划和方法的分析发现,对专业重要素质的发展重视不足。作者分析了这种创新的教学方法在未来律师教育中的可能性。结果监测是高等教育系统中一个必要而重要的过程。这样可以了解学生的潜力,可以诊断他们的学习前景。我们坚信这种方法有助于促进科学知识的普及,增强学生的学习动力。
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引用次数: 1
Smarter Law Study Habits: An Empirical Analysis of Law Learning Strategies and Relationship with Law GPA 明智的法律学习习惯:法律学习策略与法律GPA关系的实证分析
Pub Date : 2017-07-18 DOI: 10.2139/ssrn.3004988
Jennifer M. Cooper, R. Gurung
Non-empirical law school study advice that emphasizes reading and briefing cases, memorizing rules, and outlining without frequent self-testing and formative self-assessment is contrary to cognitive science and leads to a "law school learning trap." Law students fall into a "law school learning trap" by focusing on memorization of cases and rules for "class prep," putting off practice application of the law as "exam prep." Law students and legal educators misjudge the power of testing as a learning tool, instead relying on non-empirical, anecdotal resources to guide law student study methods. Empirical research from a Law Student Study Habit Survey shows that practice application of the law through self-testing, self-quizzing, and elaborative strategies positively correlates with academic success in law school, while reading and briefing cases, weak critical reading skills, and rote memorization of rules without practice applying the law negatively correlates with academic success in law school. Both legal educators and law students need to incorporate testing and formative assessment as a study and learning strategy to learn each new topic, not just exam prep. Self-testing and formative assessment are not only critical for success in law school, but help students develop successful learning strategies for the bar exam and as lifelong learners in law practice.
没有频繁的自我测试和形成性的自我评估,强调阅读和简报案例、记忆规则和概述的非实证法学院学习建议违背了认知科学,导致了“法学院学习陷阱”。法学专业的学生们陷入了“法学院学习陷阱”,他们把重点放在“课堂准备”的案例和规则的记忆上,而把法律的实践应用作为“考试准备”。法律学生和法律教育者错误地判断了考试作为一种学习工具的力量,而是依靠非经验性的轶事资源来指导法律学生的学习方法。一项法律学生学习习惯调查的实证研究表明,通过自我测试、自我测验和阐述策略来实践应用法律与法学院的学业成功呈正相关,而阅读和简报案例、弱批判性阅读技能和死记硬背规则而不实践应用法律与法学院的学业成功呈负相关。法律教育工作者和法律学生都需要将测试和形成性评估作为学习和学习每个新主题的策略,而不仅仅是考试准备。自测和形成性评估不仅是在法学院取得成功的关键,而且有助于学生为律师资格考试制定成功的学习策略,并在法律实践中成为终身学习者。
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引用次数: 4
Narrative, Machinima and Cognitive Realism: Constructing an Authentic Real World Learning Experience for Law Students 叙事、机械和认知现实主义:为法学院学生构建真实的现实世界学习体验
Pub Date : 2017-04-17 DOI: 10.14742/AJET.2846
Anne F. Matthew, D. Butler
In Australian law schools didactic pedagogies such as lectures devoted to the transmission of theory and knowledge to a largely passive audience still predominate. However, curriculum design embedding authentic learning pedagogies has been shown to be supportive of student learning. The challenge in adopting such curriculum design is how to offer situated cognitive learning opportunities on a large scale to increasingly diverse cohorts. This paper is a case study of a blended learning approach introduced into a second year undergraduate law unit to teach negotiation theory and practice to a large cohort of students studying in full-time, part-time, and distance external modes. This innovation was situated in an authentic simulated learning environment created through careful design of a high-fidelity scenario, utilising a narrative depicted by Second Life machinima video and simulated documentation. This approach resulted in greater student engagement and improved learning outcomes.
在澳大利亚的法律学校里,讲授式的教学方法,如致力于向大部分被动听众传授理论和知识的讲座,仍然占主导地位。然而,嵌入真实学习教学法的课程设计已被证明是支持学生学习的。采用这种课程设计的挑战是如何为日益多样化的群体提供大规模的情境认知学习机会。本文是一个案例研究,介绍了将混合学习方法引入大二法学单元,向全日制、非全日制和远程外部模式的大量学生教授谈判理论和实践。这一创新设置在一个真实的模拟学习环境中,通过精心设计一个高保真的场景,利用《第二人生》视频和模拟文档描述的故事。这种方法提高了学生的参与度,提高了学习效果。
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引用次数: 9
The Learning Curve: Winter 2017 学习曲线:2017年冬天
Pub Date : 2017-01-01 DOI: 10.2139/ssrn.3238222
Learning Curve Asp
Articles included in this issue are: CRISIS, WHAT CRISIS? – The Curious Case of Pedagogical Indifference, Charles R. Splawn, Assistant Director of Academic & Bar Support, Elon University School of Law HOW AN ASP CAN BE A LAW SCHOOL’S SUPERHERO by Deborah Rummelhart, Law School Toolbox; Professionalism and Power: Encouraging Students from Orientation Forward, To Find Their Sources of Strength by Sara J. Berman, Director of Critical Skills and Academic Support Programs, Nova Southeastern University’s Shepard Broad College of Law Thinking Like a (Bar Exam) Grader by Allie Robbins, Assistant Dean for Academic Affairs, CUNY School of Law; A Delicious Little Exercise to Teach CREAC by Philip C. Kaplan, Associate Professor of Academic Support, Suffolk University Law School The Study Circle by Herbert N. Ramy, Professor & Director, Academic Support Program, Suffolk University Law School On First Things and Loving the Law by Robert Gregg, Professor & Director of Academic Success and Bar Preparation Services, Appalachian School of Law The Big Bad Wolf: Helping Students Conquer Fears of the Bar Exam through P.A.S.S. - Preparation, Assessment, Self-Directed Reflection, and Support by Alicia Jackson, Director of Academic Success and Bar Preparation Florida A&M University College of Law Meeting Our Obligation to At-Risk Students by Marsha Griggs, Assistant Dean for Academic Support and Bar Readiness, Thurgood Marshall School of Law The Benefits of In-Class Group Work in Doctrinal Classes: Confession of a Hesitant Flipper by L.O. Natt Gantt, II, Professor & Associate Dean of Instructional and Curricular Affairs, Regent University School of Law How Diet & Nutrition Can Make You Smarter, Kevin Sherrill, Assistant Professor, Center for Academic & Bar Readiness, La Verne University School of Law, Moving On Up: ASP’s Journey into 2L and 3L Curriculum Integration by Kimberly Kass, Assoc. Director of Academic Success, Valparaiso University School of Law and Bethany Lesniewski, Director of Academic Success, Valparaiso University School of Law
本期文章包括:危机,什么危机?——《教学冷漠的奇特案例》,查尔斯·r·斯普拉恩,学术与教育中心助理主任;律师支持,埃隆大学法学院《ASP如何成为法学院的超级英雄》Deborah Rummelhart著,法学院工具箱;《专业精神与力量:鼓励学生从一开始就找到自己的力量来源》作者:萨拉·j·伯曼,诺瓦东南大学谢泼德·布罗德法学院关键技能和学术支持项目主任,作者:艾丽·罗宾斯,纽约市立大学法学院学术事务助理院长;《教CREAC的小练习》作者:Philip C. Kaplan,萨福克大学法学院学术支持副教授萨福克大学法学院“第一件事”和“热爱法律”学术支持项目主任,罗伯特·格雷格教授;阿巴拉契亚法学院学术成功和律师准备服务主任通过P.A.S.S.帮助学生克服对律师资格考试的恐惧——准备、评估、自主反思和支持佛罗里达a&m大学法学院学术成功和律师资格准备主任Alicia Jackson履行我们对有风险学生的义务瑟古德马歇尔法学院学术支持和律师资格准备副院长Marsha GriggsL.O.纳特·甘特(L.O. Natt Gantt, II)教授《一个犹豫的鳍手的自白》摄政大学法学院教学与课程事务副院长营养可以让你更聪明,凯文·谢里尔,学术中心助理教授律师准备,La Verne大学法学院,《继续前进:ASP进入2L和3L课程整合之旅》,作者:Kimberly Kass,协会。瓦尔帕莱索大学法学院学术成功主任和瓦尔帕莱索大学法学院学术成功主任Bethany Lesniewski
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引用次数: 0
A Teacher and Researcher: A Scratch on the Science Community and Meaning of Evaluation with the Research Doctoral Programs Ranking 教师与研究者:科学共同体的划痕与研究型博士项目排名评价的意义
Pub Date : 2015-09-07 DOI: 10.11648/J.IJP.20150304.11
Kiyoung Kim, Hyunshik Ju, M. Khatun
The epistemology and phenomenology of contemporary society tend to be deepened, and the philosophical challenges never are minimal that we may be called to face with the kind of post-modern chaos from the rapidly changing phenomena of the global community. The ballast held on the identity of faculty members as a teacher and researcher now turns due so as to be recast with our intrinsic of routine performance. I considered their quality as bent on the intellectual strife on the method and the kind of attitude, say, evaluation and consultation. In this paper, the authors have presented some thought and implications that triangulated the triad, i.e., research methodology, program evaluation and consulting illustration on the college research program rankings. The author is hoped that the discourse can help the academicians to share the attribute of different methods as well as the dimension of evaluation and consulting, perhaps essentially related with their work role in terms of teaching and researching.
当代社会的认识论和现象学趋向于深化,我们可能被要求面对全球社会快速变化的现象所带来的后现代混乱的哲学挑战从来都不是最小的。作为教师和研究人员的教员身份的压舱石现在应该用我们日常表现的内在来重塑。我认为他们的素质是倾向于智力斗争的方法和态度,比如评价和咨询。本文从研究方法、项目评估和咨询说明三个方面对高校研究型项目排名进行了探讨。笔者希望通过本文的论述,可以帮助院士们分享不同方法的属性,以及评估和咨询的维度,这也许与他们在教学和研究方面的工作角色有本质的关系。
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引用次数: 3
The Role of the State in University Science: Russia and China Compared 国家在大学科学中的作用:俄罗斯与中国的比较
Pub Date : 2015-02-07 DOI: 10.17323/1996-7845-2015-01-07
S. Marginson
Research is now organized according to a global science system, articulated by English-language journals, that partly subsumes national systems and is the source of most innovation. To be effective, national science institutions must closely and continually engage in, and contribute to, this global system. “Science and technology in one country” is no longer a strategic option. Russian science is characterized by very low rates of publication, citations and joint international authorship, relative to system and university size. The total number of papers produced each year is declining. Only Lomonosov Moscow State University (LMSU) is ranked in the first 750 universities in the world on the volume of published science in English. Between 1995 and 2012, the number of internationally co-authored papers increased by 168% worldwide but 35% in Russia. The closed international door is a legacy of the Soviet period. The situation in Russia contrasts with the spectacular growth of science in China and East Asia, powered by active and focused states with a drive for internationalization. This article discusses the trajectory of East Asian science. While Russia cannot replicate the East Asian family or political culture, a vigorous internationalization policy would kick-start the transformation of national science.
现在的研究是根据一个全球科学体系来组织的,这个体系由英语期刊阐述,部分地包含了国家体系,是大多数创新的来源。为了提高效率,国家科学机构必须密切和持续地参与这一全球体系,并为之做出贡献。“科技一国”不再是战略选择。相对于系统和大学的规模,俄罗斯科学的特点是非常低的发表率、引用率和国际合著率。每年发表的论文总数正在下降。只有罗蒙诺索夫莫斯科国立大学(Lomonosov Moscow State University,简称LMSU)的英文科学论文发表量在全球排名前750位。1995年至2012年间,全球范围内的国际合作论文数量增长了168%,但俄罗斯增长了35%。封闭的国际大门是苏联时期遗留下来的。俄罗斯的情况与中国和东亚科学的惊人增长形成鲜明对比,中国和东亚的科学发展是由积极和专注的国家推动的。本文讨论了东亚科学的发展轨迹。虽然俄罗斯无法复制东亚家庭或政治文化,但积极的国际化政策将启动国家科学的转型。
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引用次数: 5
Using Experiential Education to Develop Human Resources for the Nonprofit Community: A Course Study Analysis 运用体验式教育开发非营利组织人力资源:课程研究分析
Pub Date : 2013-08-07 DOI: 10.2139/SSRN.2307028
A. Hodges
In this era of shrinking resources and increased pressure to produce “practice-ready” lawyers, law schools are seeking new and cost-effective ways to provide experiential education. This article reports and analyzes the results of a survey of graduates and students from a course in Nonprofit Organizations that incorporated a community-based project designed to develop skills, enhance learning and encourage post-graduation involvement with nonprofits. Although limited to one course, this course study, like a case study, offers valuable information. Consistent with other research on experiential education, the survey supports the conclusion that such projects, while less resource intensive and comprehensive than clinics, offer benefits to both the students and to the community.
在这个资源日益萎缩、培养“能胜任工作”的律师的压力越来越大的时代,法学院正在寻求新的、具有成本效益的方式来提供体验式教育。本文报告并分析了一项对非营利组织课程的毕业生和学生的调查结果,该课程包含了一个以社区为基础的项目,旨在培养技能,加强学习并鼓励毕业后参与非营利组织。虽然仅限于一门课程,但这门课程研究就像案例研究一样,提供了有价值的信息。与其他关于体验式教育的研究一致,该调查支持这样的结论,即这些项目虽然比诊所资源密集和全面,但对学生和社区都有好处。
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引用次数: 0
Ethics of Business or Ethics for Business? Two Models for Teaching Business Ethics 商业伦理还是商业伦理?商业伦理教学的两种模式
Pub Date : 2012-05-01 DOI: 10.7206/MBA.CE.2084-3356.14
T. Kwarciński
The aim of this article is to present two models for teaching business ethics: ethics of business and ethics for business. In the article, I defend the thesis that business ethics taught in corporations (ethics for business) is not a simple continuation of academic instruction (ethics of business) and should not be treated as such. To justify the foregoing thesis, I refer to both theoretical and empirical research carried out by business ethicists, as well as to my own experience as an academic teacher. Taking into consideration the differences that occur between the two models of teaching business ethics, and also the threats associated with implementing ethics programs in companies, I conclude that in-company business ethics instruction does not constitute a continuation of academic instruction. This study and conclusion can help to improve the process of teaching business ethics at both academic and corporate levels.
本文的目的是提出两种商业伦理教学模式:商业伦理和商业伦理。在这篇文章中,我捍卫了这样一个论点,即在公司中教授的商业伦理(商业伦理)不是学术指导(商业伦理)的简单延续,不应该被这样对待。为了证明上述论点的合理性,我参考了商业伦理学家进行的理论和实证研究,以及我自己作为学术教师的经历。考虑到两种商业道德教学模式之间的差异,以及在公司中实施道德计划所带来的威胁,我得出结论,公司内部的商业道德教学并不构成学术教学的延续。本文的研究和结论可以帮助改进学术和企业层面的商业伦理教学过程。
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引用次数: 1
期刊
LSN: Education Research (Topic)
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