Hasil Pencarian  ::  Simpan CSV :: Kembali

Abstrak :
ABSTRAK
This article is the first comprehensive scholarly analysis of South Carolina's landmark education reform legislation, the Education Improvement Act (EIA). Using the "T-formation" process used to attain passage of the EIA as a prototype, the author evaluates the efficacy of nonadjudicative approaches to school reform, as against the impact litigation model of achieving systematic change in public education. While the latter strategy has been favored by public interest advocates since the advent of Brown v. Board of Education and the Rights Revolution, the author argues that nonadjudicative processes are more likely than impact litigation to yield effective outcomes in certain localities. In fact, the author argues, the nonadjudicative "T-formation" process used to persuade the South Carolina legislature to enact the EIA has much in common with other alternative dispute resolution processes that have been used with much success, including the direct action strategy used by activists to persuade Congress to enact the Civil Rights Act of 1964 and Voting Rights Act of 1965. The author identifies three characteristics common to alternative dispute resolution processes such as direct action and the T-formation that are critical to their success, including the participation of a diversity of people and talents (particularly non-lawyers) in the process of conceiving educational rights and implementing remedial policies, and the use of informal procedures, or pressure and negotiation tactics, to achieve policy objectives.

Abstrak :
Pembinaan pendidikan tinggi hukum dalam Pembangunan Jangka Panjang II tidak dapat dilepaskan dari pendidikan tinggi hukum saat ini (1970-1995) dan masa lalu (1945-1970). Dari pengalaman sejarah kita mengetahui apa yang masih dapat kita pertahankan dari pendidikan tinggi hukum yang lama, dan mana yang sudah perlu disempurnakan ataupun diganti. Melalui UUD 1945 kita menyatakan bahwa negara Republik Indonesia adalah negara berdasarkan hukum, Keinginan untuk mewujudkan "negara berdasarkan hukum" (rechstaat) inilah yang harus selalu mendasari pendidikan tinggi hukum Indonesia.

Abstrak :
The Law Society of Hong Kong has issued a consultation paper soliciting views about the future of legal education in Hong Kong, including the possibility of introducing a common entrance exam to regulate entry into the legal profession. This consultation process has generated a great deal of debate throughout the profession about the desirability, or even the viability, of such an exam, and how it would fit into the current system of inculcating skills into law graduates in Hong Kong; namely, the Postgraduate Certificate of Laws Programme (‘PCLL’). Little headway has been achieved by the main stakeholders on this issue. This article will examine the merits of introducing a common entrance exam in Hong Kong, and how it may impact on the development of adequate skills by law graduates with particular reference to contemporary major reports that have been published in England and Wales and New Zealand, common law jurisdictions which employ similar modes of educational training for general entry into their legal professions. Finally, an alternate model of assessment for the PCLL will be canvassed which is similar in some respects to the current system used for those training for the Bar in England and Wales.