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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
21

Mulheres na magistratura paraense: uma análise das percepções das desembargadoras do Tribunal de Justiça do Estado do Pará (TJPA) sobre trajetória profissional e atuação jurisdicional voltada à efetivação dos direitos humanos das mulheres / Women in the state of Pará magistracy: an analysis of the female judges of the Court of Justice of the State of Pará (TJPA) perceptions on both the professional trajectory and the jurisdictional action aimed at the realization of the women\'s human rights

Tharuell Lima Kahwage 20 September 2017 (has links)
A presente pesquisa tem como objetivo analisar os possíveis impactos da composição de gênero na trajetória profissional e na atuação jurisdicional do Tribunal de Justiça do Pará, especialmente em termos de efetivação dos direitos humanos das mulheres, a partir das perspectivas das desembargadoras que atuam no órgão. A escolha do TJPA justifica-se por ser o único Tribunal de Justiça cuja composição de desembargadoras é consideravelmente maior que a de desembargadores (64%), conforme censo realizado pelo Conselho Nacional de Justiça em 2014. Além disso, o órgão teve quatro presidências ocupadas por mulheres e duas por homens nos últimos dez anos, situação atípica em relação ao restante do país. Para tanto, partimos da hipótese recorrente em pesquisas sobre mulheres na profissão jurídica: afinal, a maior presença de mulheres no Judiciário pode trazer uma perspectiva diferente para a atuação jurisdicional, especificamente para a efetivação de direitos humanos das mulheres? O fato da composição do TJPA ser predominantemente feminina significa que as desembargadoras vivenciam menos discriminações na carreira? A metodologia utilizada é qualitativa, tendo como instrumento de coleta de dados a realização de entrevistas semiestruturadas com as desembargadoras. Em relação à análise de dados, as entrevistas foram submetidas à análise de conteúdo, com a elaboração de cinco categorias-chave: trajetória profissional, discriminações, relação carreira x família, diferenças de gênero no fazer jurisdicional e percepções sobre feminismo. Como resultados, concluímos que as percepções das desembargadoras acerca das discriminações vividas na carreira, bem como àquelas relativas à existência de diferenças no fazer jurisdicional são influenciadas pelos ideais da neutralidade e da imparcialidade. Esses resultados apontam para a necessidade de repensarmos não apenas a cultura masculina imbricada na profissão jurídica, mas, principalmente, os fundamentos capazes de servir como sólida base teórica para assegurar a igualdade de gênero (e de outros marcadores de diferenças sociais) no Poder Judiciário. / The objective of the present research is to analyze the possible impacts of gender composition on both the professional trajectory and the jurisdictional performance of the Court of Justice of Pará, especially in terms of the women\'s human rights effectiveness, based on the perspectives of the judges that work in the institution. Selecting TJPA is justified because it is the only Court of Justice whose female judges composition is considerably higher than that of male judges (64%), according to a census conducted by the National Justice Council in 2014. In addition, in the last ten years four women occupied presidencies against only two occupied by men, which is an atypical situation compared the rest of the country. For this, we start with the recurrent hypothesis in research on women in the legal profession: after all, can the greater women\'s presence in the Judiciary bring a different perspective to the judicial process, specifically for the realization of women\'s human rights? Does the fact that the TJPA composition is predominantly feminine mean that judges experience less career discrimination? The methodology used is qualitative, having as an instrument of data collection the performance of semi-structured interviews with the judges. Regarding data analysis, the interviews were submitted to content analysis, with the elaboration of five key categories: professional trajectory, discrimination, career and family relationships, gender differences in jurisdictional making and perceptions about feminism. As a result, we conclude that judges\' perceptions of career discrimination, as well as those concerning the existence of differences in jurisdictional doings, are influenced by the ideals of neutrality and impartiality. These results point to the need of rethinking not only the masculine culture imbricated in the legal profession, but also the foundations capable of serving as a solid theoretical basis in ensuring gender equality (and other markers of social differences) in the Judiciary.
22

The Law Comes to Campus: The Evolution and Current Role of the Office of the General Counsel on College and University Campuses

Block, Jason A 01 January 2014 (has links)
Much has been written in the literature of higher education on the history and current role of presidents, provosts, and deans. However, higher education scholars have, for the most part ignored the role of institutional in-house attorneys on college and university campuses. Those who have written on the subject of institutional counsel have proffered the idea that in-house general counsel offices were established as a result of the increased regulation of higher education by state and federal governments, and litigation resulting from the faculty and student rights movements of the 1960s and 1970s. This project seeks to provide a detailed justification for the rationale for the proliferation of counsel offices, and to provide a base-line qualitative, interview-based approach to the current role of college and university attorneys. Using a historical, document based approach this dissertation provides a comprehensive exploration of the argument that the establishment and growth of offices of the general counsel on college and university campuses was rooted in litigation. This dissertation further builds on the notion that as colleges and universities became larger and more complex, federal and state governments increased regulatory and reporting demands and accountability on institutions. A second issue that this dissertation covers is the way in which modern day institutional counsel view their roles within a college or university. Using Oral History Methodology, three attorneys were interviewed about their perceptions of their roles. Based on those interviews, this dissertation proffers the idea that an institutional counsel’s view of his or her role is linked to the nature of the individual campus and its leadership, and the structure of the office in which the attorney works. This dissertation also puts the role of the institutional counsel into the context of institutional actors by comparing it with the role of the academic dean. In addition to showing that the role of the institutional counsel is institution dependent, the results of this project indicate that the role of the institutional general counsel is an area ripe for additional study.
23

A study of the relationship between the law, the state and the community in colonial Queensland

Johnston, W. Ross (William Ross) Unknown Date (has links)
No description available.
24

A study of the relationship between the law, the state and the community in colonial Queensland

Johnston, W. Ross (William Ross) Unknown Date (has links)
No description available.
25

Výkon advokacie se zaměřením na povinnosti advokáta / Legal practice with the focus on the duties of an attorney at law

Maur, Jakub January 2020 (has links)
Legal practice with the focus on the duties of an attorney at law Abstract The dissertation thesis focuses on the exercise of the legal profession in the Czech Republic and its aim is to contribute to the professional and scientific discussion on the provision of attorney services, focusing on the attorney-client legal relationship. In its theoretical part, the dissertation thesis marginally discusses the historical context of the emergence of the legal profession as an independent and separate profession of legally erudite persons, both at the general level and at its specific levels, while emphasizing the strict observance of the constitutional right to legal assistance and its national and international legal anchoring and enforceability. The thesis analyses in detail and critically evaluates the performance of the legal profession de lege lata in accordance with the current legislation in force and simultaneously in comparison at the European and international level. The main content of the thesis is primarily the analysis of the legal relationship between the attorney-at-law and the client with an emphasis on a detailed analysis of the attorney-at-law's rights and obligations in individual legal proceedings and aside from them and on the performance of attorney services de lege artis. The dissertation...
26

College Students’ Perceptions of Law Enforcement and Legal Careers

Alley, Courtney 01 December 2020 (has links)
Recent events have given attention to the public perception of criminal justice field in the United States. Although there has been much political debate about problems in the criminal justice field, attention should be turned to the prospective employees who will soon be seeking out these debates: college students seeking to enter the criminal justice field. The current study did that through survey data obtained from 112 students enrolled in criminal justice courses at East Tennessee State University during the Fall 2020 semester. Analysis revealed much about student interest in various criminal justice occupations, their perceived ability to perform the duties associated with them and the factors that motivated their decision-making. It also indicated that certain characteristics may influence desire to enter the policing and legal fields. Each of these findings is discussed.
27

Mentoring: Attitudes and Perceptions of New Lawyers

Thomas Fulks, Mindy 01 May 2019 (has links) (PDF)
Tennessee does not have a formal state-wide required mentoring program for Tennessee lawyers. Mentoring programs are available to Tennessee lawyers but no uniform standards exist. It has been suggested that providers of mentoring programs should develop strategies for improving and expanding mentoring experiences for new lawyers. The purpose of this study was to evaluate attitudes towards mentoring by Tennessee lawyers who are within their first 5 years of practice. The researcher sought to identify the perceptions of new lawyers regarding mentoring to better understand mentoring’s role within the legal profession. The methodology for this study was nonexperimental quantitative survey research. The survey instrument was an electronic questionnaire. The survey consisted of demographic questions and 17 items that were divided into 3 dimensions: Value of Mentoring, Access to Mentoring, and Structure of Mentoring. Demographic data consisted of gender, type of practice (private solo practice, small firms of 2-10 lawyers, large firms of 11 or more lawyers, government practice, or other) and years of experience (less than 1 year, 1 year, 2 years, 3 years, 4 years, and 5 years of experience). Of the 1,433 possible participants, 287 (20.02%) responded to the survey. Nine research questions were addressed using ANOVA and independent-samples t tests. The significant finding in this study indicated female attorneys have a stronger preference for mentoring experiences and programs with greater structure (Structure of Mentoring dimension). The Value of Mentoring and Access to Mentoring dimension scores were not statistically significantly different in the demographics consisting of gender, type of practice (private solo practice, small firms of 2-10 lawyers, large firms of 11 or more lawyers, government practice, or other) or years of experience (less than 1 year, 1 year, 2 years, 3 years, 4 years, and 5 years of experience).
28

Technology and Legal Research: What Is Taught and What Is Used in the Practice of Law

Trammell, Rebecca Sewanee 01 January 2015 (has links)
Law schools are criticized for graduating students who lack the skills necessary to practice law. Legal research is a foundational ability necessary to support lawyering competency. The American Bar Association (ABA) establishes standards for legal education that include a requirement that each law student receive substantial instruction in legal skills, including legal research. Despite the recognized importance of legal research in legal education, there is no consensus of what to teach as part of a legal research course or even how to teach such a course. Legal educators struggle to address these issues. The practicing bar and judiciary have expressed concerns about law school graduates ability to conduct legal research. Studies have been conducted detailing the poor research ability of law students and their lack of skills. Although deficiencies in law student research skills have been identified, there is no agreement as to how to remediate these deficiencies. This dissertation suggests the legal research resources that should be taught in law schools by identifying the research resources used by practicing attorneys and comparing them to those resources currently included in legal research instruction at the 202 ABA-accredited law schools. Multiple data sources were used in this study. Practitioner resource information was based on data provided by practicing attorneys responding to the 2013 ABA Legal Technology Survey. Resources taught in ABA-accredited law schools were identified through three sources: a 2014 law school legal research survey sent to the 202 ABA-accredited law schools, a review of law school syllabi from ABA-accredited law school legal research and legal research and writing courses, and the Association of Legal Writing Directors 2013 annual survey of legal research and writing faculty. The combined data from these three sources were compared to the resources used by practicing lawyers identified in the annual national 2013 ABA Legal Technology Survey. This comparison of what is taught with what is used in practice identifies a deficiency in law school instruction in the research resources used by practicing attorneys. These survey results detail distinct areas of inadequate instruction in legal research resources and provide legal educators with detailed information necessary to develop a curriculum that will result in graduating students with practice-ready competencies.
29

Clerks and scriveners : legal literacy and access to justice in late medieval England

Bevan, Kitrina Lindsay January 2013 (has links)
Provincial town clerks and scriveners have hitherto been a neglected subject in the historiography of the legal profession, yet as this thesis demonstrates, they contributed significantly to medieval England’s legal and scribal culture. Arguing for a new definition of scriveners based on their legal and linguistic literacy, this fresh interpretation differentiates between scriveners, notaries, generic clerks and lawyers and modifies the existing tendency towards classifying scriveners purely on the basis of the work they did and the legal instruments they produced. The study not only rectifies a gap in our knowledge, but reconceptualises our understanding of the lower echelons of the legal profession by examining the work that scriveners did and the role that they played in the local legal administration of medieval England, and by extension, the ways in which they facilitated access to justice on several levels. Focussing primarily on Exeter, Bristol, Bridgwater and Southampton, this research for the first time reveals the identities of some of the many scriveners who worked outside of London and evaluates their activities in provincial England. In order to achieve this, the thesis considers the extent to which scriveners were an integral part of an urban legal service as members of the provincial secretariat. Underpinning the theoretical framework of this thesis are themes such as literacy, clerical identity and professionalization – all of which are examined through the prism of law, languages and access to justice. Grounded in a palaeographic and diplomatic approach to the manuscript sources, this research has yielded some surprising results regarding the essential role of provincial scriveners within the legal, political and administrative landscape of medieval England. Fundamentally, this thesis offers a new vision of provincial English scriveners and the influence of their work. Set against the backdrop of an increasingly ‘professional’ legal profession, the importance of provincial scriveners as the keepers and creators of legal memory is highlighted along with the impact that this had on the wider legal community of medieval England.
30

Activities of the Lithuanian Supreme Tribunal in the latter half of the 18th century: application of the nobility law / Lietuvos Vyriausiojo Tribunolo veikla XVIII a. II pusėje: bajoriškosios teisės raiška

Stankevič, Adam 28 October 2013 (has links)
The dissertation examines the central judicial institution of the Grand Duchy of Lithuania: the Supreme Tribunal and its functioning in the latter half of the 18th century. The choice of the investigated period was determined by the most significant judicial reforms carried out from 1764 to 1792 and in 1793. The present work, with reference to the concept of “efficient practice” and data of the research on modern legal theory and practice, adopts a comprehensive approach towards the administration of justice in the society of modern times. It analyses the most important factors determening the court’s activity: court’s competence, composition, judicial process and practical organization of its work. The compositional aspect of the court is analysed through the lenses of the formation of legal profession, therefore the aim was not only to evaluate all the normative acts defining responsibilities and functions of judges, chancellery clerks, advocates, procurators, court prosecutors but also to compile a comprehensive list of them. The dynamics of the court’s work was determined by calculating the number of lawsuits filed, number of cases that were solved and the ones left unsolved as well as the average time it took to settle lawsuits that were recorded in each register. At the end there are highlighted the problems encountered by the lower order courts that influenced the Tribunal’s workload. There is also given the analysis of some examples of how outsiders impacted the... [to full text] / Disertacijoje yra nagrinėjama centrinės LDK teismo institucijos – Vyriausiojo Tribunolo ir jo funkcionavimo XVIII a. II pusėje istorija. Tiriamą laikotarpį įrėmina svarbiausios teismo reformos, vykusios 1764 ir 1792 bei 1793 m. Darbe, remiantis ,,efektyvios teismų veiklos“ konceptu, šuolaikinės teisės teorijos ir praktikos tyrimų rezultatais, realizuojama kompleksiška prieiga prie teisingumo vykdymo naujųjų laikų visuomenėje tyrimo problematikos. Analizuojami svarbiausiais teismo veiklos determinantais laikomi faktoriai: teismo kompetencija, sudėtis, teismo procesas ir praktinis darbo organizavimas. Teismo sudėties aspektas analizuotas per teisininko profesijos formavimosi problemą, todėl siekta ne tik įvertinti teisėjų, kancelarijos darbuotojų, advokatų, agentų ir instigatorių pareigas bei funkcijas apibrėžusių normatyvinių aktų visumą, bet ir sudaryti šių asmenų sąrašus. Teismo darbo dinamika buvo nustatoma apskaičiuojant teismui teiktų ieškinių, teismo spręstų ir paliktų neišspręstų bylų skaičius bei vidutinį į kiekvieną registrų knygą įrašytų ieškinių išnagrinėjimo laiką. Pabaigoje dar buvo išryškintos pirmosios instancijos teismų veiklos problemos, dariusios įtaką Tribunolo darbo krūviui, taip pat analizuoti kai kurie pašalinių asmenų poveikio teismo priimamų sprendimų turiniui pavyzdžiai ir bajoriškosios sąmonės apraškas atskleidžiantys epizodai.

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