Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 1982. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH / Bibliography: leaves 355-359. / by Allen S. Lee. / Ph.D.

As alterações legislativas ocorridas no ano de 2015, notadamente a promulgação do Código de Processo Civil e da Lei de Mediação, inseriram uma regulamentação mais detalhada sobre os meios consensuais e os instrumentos processuais de cunho consensual, inclusive no âmbito do processo judicial adjudicatório. Esses parâmetros de atuação profissional diferem da forma atualmente difundida e aplicada, fazendo com que os advogados precisem se adequar à nova realidade. Na presente dissertação, as formas de atuação foram sistematizadas em três categorias, de acordo com as características apresentadas pelo cliente: assessor neutro, conselheiro e cocriador do projeto de sistemas de disputas. Para investigar como essas práticas poderiam ser operacionalizadas, especialmente em relação aos meios e instrumentos consensuais, foram analisados: as possíveis abordagens analíticas de conflito, com enfoque em sua percepção como um fato natural e neutro, positivo ou negativo; a tendência à judicialização de conflitos; e alguns meios e instrumentos consensuais, a título exemplificativo, passíveis de utilização para resolução de controvérsias. Tais temas foram estudados para que pudessem ser feitas proposições, ao final desta pesquisa, sobre capacitação do profissional, formas de atuação e a conveniência de criação de setores específicos nos escritórios de advocacia para que os advogados possam utilizar a consensualidade de forma estratégica, beneficiando sua imagem e favorecendo a resolução adequada e efetiva dos conflitos que lhe são apresentados para análise. Dentre tais propostas, estão uma formação acadêmica e profissional mais voltada à adequação de meios - em substituição à busca automática pelos meios adjudicatórios a serem utilizados, à personalização dos serviços advocatícios oferecidos aos clientes e à análise cuidadosa dos mais diversos aspectos fáticos - em virtude dos possíveis impactos na fidelização do contratante e nos ganhos financeiros auferidos pelo profissional. / Legislative changes of 2015, notably the enactment of the Civil Procedure Code and Mediation Law, inserted more detailed rules about consensual dispute resolution and consensual procedural instruments, including in the context of judicial adjudicatory proceedings. These parameters of professional performance differ from the currently widespread and aplied form, making lawyers need to adadpt to the new reality. In the presente dissertation, the forms of action were systematized into three categories, according to clientes characteristics: neutral adviser, counselor or co-creator of dispute design system. In order to investigate how these practices could be operationalized, especially in relation to consensual procedures and instruments, we assessed: the possible analytical approaches of conflict, focusing on perceiving them as a natural and neutral fact, positive or negative; the tendency towards the judicialization of conflicts; and some consensual procedures and instruments, by way of example, which can be used for the resolution of controversy. These subjects were studied so that proposals could be made, at the end of this research, on professional up-skill, forms of action and the advisability of creating specific sectors in law firms so that lawyers can use consensuality in a strategic way, benefiting their image and favoring the proper and effective resolution of the conflicts presented for their analysis. Among these proposals there are an academic and professional up-skill with more focus on the procedures\' adequacy - replacing the automatic use of adjudicatory procedures, personalizations of the legal services offered to the clients and the careful analysis of the factual aspects - due to to the possible impacts on the loyalty of the contractor and the financial gains earned by the professional.

The jury selection process (also known as voir dire) has been examined previously in many ways, including racial impacts. Previous research suggests the need for more examination of how and if gender impacts the voir dire process. The lack of knowledge about how gender impacts voir dire might also have implications for public respect and trust in the court system. For example, theories of procedural justice suggest that individual experiences with the legal system affect whether they view the entire legal system as being legitimate. This is important because this perception then impacts how the public interact with the system. This research examines one main research question, how is gender salient in the voir dire process? To understand how gender impacts voir dire, including how attorneys and potential jurors communicate with each other, courtroom observations of the voir dire process were conducted. During these observations coding sheets were used focusing on types of questions asked by attorneys and reactions of the potential jurors and how gender affected this process. Over 150 interactions with potential jurors were examined. The results of these interactions focus on the use and misuse of gendered titles, gendered expectations, and repetition. It was found that gender is salient throughout the process and may impact how attorneys present the questions they ask and the information they give. The results of this research are applicable to jury selection/voir dire research and are important to better understanding how gender is seen and acted out in the courtroom.

This research attempts to answer the question of why some attorneys obtain a second advanced degree after their law degree. That is, if a law degree is all that is needed to practice law, then why do some attorneys continue with their studies, especially since they lack an economic incentive to do so? The research includes a literature review with background information on credentialism and human capital theory, on lawyers and law school, dissatisfaction, income and debt, alternatives to law, joint graduate degree programs, and gender. SPSS modeling is utilized to arrive at the conclusion that human capital theory and satisfaction account for lawyers' attainment of additional degrees.

The research reported in this thesis attempted to determine how much attorneys know about genetic principles underlying legal/genetic issues which arise from advances in biomedical technology. An author-developed questionnaire was sent to 200 East-Central Indiana lawyers, 89 of whom responded. The questionnaire consisted of three parts: 1) a cognitive component, which attempted to determine how much the lawyers knew about genetics, 2) a values component, which provided insight into the values stances of the attorneys with respect to human genetic and reproductive problems, and 3) a section which was designed to determine the lawyers needs for continuing education programs concerned with human genetics and reproduction.The attorneys did not appear to be well informed about genetic advances which create legal/genetic problems. The respondents felt that attorneys have a responsibility to keep abreast of genetic advances so they can accurately advise their clients.Ball State UniversityMuncie, IN 47306

Thesis (Ph. D.)--University of Canterbury, 2008. / Typescript (photocopy). Includes bibliographical references (leaves 259-268). Also available via the World Wide Web.

Thesis (M.A.)--Florida State University, 2004. / Advisor: Dr. Sally Hadden, Florida State University, College of Arts and Sciences, Dept. of History. Title and description from dissertation home page (viewed June 22, 2004). Includes bibliographical references.

Thesis (Ph. D.)--Dalhousie University, 1998. / Includes bibliographical references.

Thesis (doctoral)--Universität, Leipzig, 2003. / Includes bibliographical references (p. [164]-185) and index.

This thesis explores the education of women in the pre-modern Middle East, particularly in legal matters. The goal of the work is to show that women in the pre-modern Middle East not only had access to education but were also learned in jurisprudence (fiqh). The work begins with a detailed discussion of the pre-modern system of learning. The first chapter explores not only the educational institutions and methods of instruction, but also the avenues and opportunities for education available to and utilized by women. The second chapter concentrates on the lives of two female jurists (faqihat). The purpose of this chapter is to explore in detail the methods by which these women acquired a legal education and obtained their status as female jurists. This work is a rudimentary effort at investigating the role of women in the pre-modern system of learning and their access to and acquisition of a legal education.