Properly drafted arbitration agreement as a safeguard to its adequate interpretation: Rwanda case study

Since the seminal Sex Discrimination Act 1975, modern British equality law developed in a piecemeal fashion over four decades. The landmark Equality Act 2010 was designed to unify, simplify and, to a limited extent, strengthen the legislation in this area. Despite its long gestation period, the Bill suffered from a lack of parliamentary scrutiny. This article sets the Equality Act in context and, by analysing certain aspects, discusses how far it has met those aims.     

Decline of the English jury*

Abstract

This biographical study of the lived experiences of six law teachers offers a new dimension to understanding the dynamics of law teaching. The overall purpose of the study is to reveal how these law teachers make sense of the world of legal education in terms of individual identities, values and whether they necessarily regard themselves as academics. The significance of the study is the contribution it seeks to make in understanding individual law teachers and how they experience the dynamics of a rapidly changing teaching environment. The study reveals how different experiences emerge through a complex interplay between spheres of influence and theoretical frames of reference. A theoretical perspective considers three possible explanations, work orientation, performativity and supercomplexity, with regard to how experiences fit within apparent epistemological shifts in the academy.

The biographical method has not hitherto been applied to understanding this dimension of legal education. The purpose in adopting this method is to make a deliberate departure from more traditional research methods in legal education and to determine the extent to which it might be possible to see the world of legal education as a lived experience. This approach provides tools of analysis for understanding the dynamics of law teaching and dynamic identities.     

Lawyers’ wellbeing and professional legal education

Abstract

THIS PAPER examines the wellbeing and satisfaction levels of lawyers in the workplace. It argues that research suggesting a crisis in the legal profession in the United States is comparable with research on wellbeing and levels of satisfaction for lawyers in Australasia. Some reports in both jurisdictions are critical of conventional legal education and practical legal training programs, which do not encourage students to develop personal and interpersonal skills that can improve self‐awareness, communication skills and the capacity to manage stress and anxiety. Consequently, law students are allowed to assume that these “soft skills” are less important for lawyers compared with cognitive skills such as “knowing the law” and “thinking like a lawyer”.

The paper describes the preliminary results of research conducted with graduates of the School of Law at the University of Newcastle Australia. The results confirm existing research to show that clinical legal education programs that expose law students under supervision to clients with real cases may promote the development of interpersonal skills, which in turn may help them cope with stressors in legal practice, especially in the first few years post‐admission.     

Climate change: It's happening in the legal profession too

What conscientious law professor of first year, large format classes in torts, contracts, or criminal law has not pondered how to better engage students while easing their reluctance to speak out in class? While students entering law schools are quite adept with student engagement technologies (SETs) from undergraduate classes, some law faculties seem tied to the passive environment of lectures and PowerPoint presentations and hence reject SET methodologies as so much techno-wizardry. With the entry of web-based programmes into the expanding field of SETs, and increasing empirical evidence that active learning improves grades and closes gender and socio-economic gaps, the ethical question arises, are we not obliged as law teachers to employ them? This paper examines in three steps that gap between pronouncing from the podium and actively engaging learners by clicker response or web-based devices. Part I reviews the growing literature on active learning including SET-based methods. Part II examines two models of SETs, remote-based and web-based, for their comparative attributes and drawbacks, with a particular focus on law teaching. Part III details the author’s experiences with the clicker system teaching introductory law and criminology and offers practical suggestions for facilitating its use. The paper concludes that, in light of recent evidence of heightened learning success using active learning methodologies, and the impending complexity to education posed by wearable technologies, the ethical question of pedagogical competence grows in importance.     

Navigating the System: A How-To Guide for Implementing a Kinship Navigator Program

This article describes key programmatic and evaluation elements that guided the implementation of the San Diego County YMCA Kinship Navigator Program. A 3-year demonstration project funded by the Administration on Children Youth and Families designed to build a regional navigator system in collaboration with the local child welfare agency to support kinship caregivers. Kinship caregivers (relatives and non-relatives) play a significant role in the well-being of the children in their care. The findings suggest that successfully implemented kinship navigator models are a viable preventive intervention for addressing the needs of kinship families.     

Using Cost Analysis to Examine Variability in Replications of an Efficacious Child Neglect Prevention Program

This article reports on a program- and case-level cost analysis of five replication sites of an efficacious child neglect prevention program. Approximately one-third of all sites' total labor hours were expended on direct family services and casework support for a specific family, with the remainder spent on indirect implementation support and program administration activities. Including non-personnel costs, the all-site mean total cost per family was $6,276, ranging across sites from $2,245 to $10,260. Costs varied greatly among individual families within sites. More research is needed to understand factors associated with differences in cost.     

Ethnic and religious variations in the reporting of racist victimization in Britain: 2000 and 2008/2009

The role of victimization in the generation of ethnic inequalities is increasingly acknowledged yet its impact on the lives of people with different religious affiliations remains underexplored. This is despite evidence of the importance of religion for forms of group identification and social mobilization. An exploration of the particular impact of religion as a focus for experiences of victimization may be particularly pertinent given the increasingly negative treatment of Muslim people since the riots in Britain of 2001, the terrorist incidents of 2001, 2004 and 2005 and the political and military responses to them. Cross-sectional analyses of data collected in 2000 and 2008/2009 explore whether there is evidence that the ethnic/religious patterning of reports of different forms of victimization have varied over time, after adjusting for the impact of age, gender, migration and socioeconomic differences between the groups. In 2000 Muslim people with different ethnic backgrounds were less likely, but by 2008/2009 were more likely, to report experiences of victimization than Caribbean Christians. However, the ethnic/religious patterning of perceptions of Britain as a ‘racist society’ were more consistent over time. This may suggest that, despite their increased exposure to victimization over the period, Muslim people in the United Kingdom have yet to experience the racialization characteristic of the treatment of Caribbean Christians, which requires a more prolonged exposure to racist negative attitudes. But this may be only a matter of time. The persistent expectation of poor treatment described by Caribbean Christians is testament to the difficulties of addressing these negative perceptions once racialized identities are embedded. Immediate action must be taken to prevent this occurring among other ethnic/religious minorities.