The purpose of college and university ranking mainly resides to assist with the students in choosing their schools and programs at the level they wish to study. The US News and World Report (USNWR) graduate programs ranking is notable that evaluates the graduate level programs uniquely and in contrast with other general subject rankings. Along with the reputation of source, this specificity enables to enjoy a number of subscribers in making an application decision about which school or program is (...) competitive and personally fits. Given the study of national research council is most exhaustive and authoritative ranking source on research doctorates, called Ph.Ds, the ranking of professional schools, for instance, law schools, medical schools, nursing schools and on, as presented to the students in USNWR is very determinative in deciding which school I choose. In this light, the following tables show a ranking that has been yielded on the diversity and quality of graduate and research doctorate programs as well as law studies specifically. Therefore, the tables can be referred to a vast of interested people on the graduate studies in the United States. The last part of reference can be referred not only by JD students, but also by researchers in the graduate law programs. Since some small or exclusively JD-oriented law schools are not available of LL.M or graduate study, the users of table are expected to read consciously. The ranking table has a threshold to qualify so as to be enlisted that the top 44 law schools in all specialties exclusively had been selected and ranked according to the average of two subjects. As said, it could be used secondarily to refer in deciding the schools on the application of general LL.M program. Given the junior scholarly nature of LL.M. or graduate law programs, it is considered that the legal writing program is half factored to select the schools. The column 1 and 2 transcribes the US ranking, which are added for a sum in column 3. Least number is placed at top and less number attains a high ranking correspondingly thorough the end of institution. The first and second parts of this work show the top universities according to the number of programs, whose possible highest rating is placed within the range 1st -17th in either R or S rank of most recent 2010 NRC assessment and roughly same range in the USNWR graduate programs ranking. They are prepared from the revised NRC report published in 2011, which is most recent as well as based on the 2021 version of USNWR. Both data will be incorporated into my current project concerning the American higher education and graduate studies. (shrink)

Given that the law is helpful, essential and non-separable with our lives, we surely would like to know the people that make laws and who practice in the legal profession. This query is the recent theme we have pursued in this and other related projects. The investigation has revealed a knowledge economy (savoir-faire) that has entwined law and the actions of law people, which growingly became edged to explain their behavior and moral and professional conduct. The expectation has (...) been that graduate law classes are for foreign lawyers who would return to their home country to work as international lawyers or as professors. That has long been deemed as a given; but the precise reality has not been previously unraveled. With this backdrop, the current paper purports to survey the status and performance of graduate law degree holders in US law school, to rank global law schools, and explore the implications and findings concerning the processes and outcomes of their missions. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 (...) // ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

Korea maintained a dual system of legal education since it imported the American style of legal education under the influence of Japan. The public had conceived it a kind of nerd or dude that had to be engrafted with the national needs as any solution in the face of globalization challenge. This led to a monopoly of legal education in Korea that disturbed the interest holders, those whom are lawyers, law professors, law schools and (...) department of laws and the interested public, into discontention and aggrievance. While law schools in Korea now emphasize a unitary approach for the whole group of lawyers through bar association and law schools, the professors of law department, the other form of grass-root legal education in this soil, perceived that it should include a wide of public interest amenable to its respective concerns. Under this backdrop, the paper explored the French model of judge selection and discussed the inadequacy of current American style to select the judge from the pool of career attorneys. The author also suggests a change of paradigm niggardly upon public inculcation and consensus that best suits the distinct Korean tradition and policy environment of national judicial system. (shrink)

The twentieth century in legal education began with Dean Roscoe Pound of Harvard Law School demanding that law take broader perspectives. The time had arrived for sweeping changes in how judges judged, law professors taught, and lawyers practiced. For thirty years Roscoe Pound labored tirelessly in the design of a "Sociological Jurisprudence." Toward the end of Pound's twenty years as Dean of Harvard Law School, Karl Llewellyn of Columbia Law School crafted a second perspective on (...) law, which he called "Legal Realism". Pound retired from his role as Dean in 1936. In 1935 the German Scholar Ludwig Fleck published a work which studied the nature of science, and articulated important precepts and maxims about how the structure of science precluded innovation and creative design. By 1963 Thomas Kuhn published a sequel to Fleck's work titled "The Structure of Scientific Revolutions." Kuhn endeavored to set the contours of science which could be identified as constraints to the formation of new knowledge. ;Roscoe Pound and Karl Llewellyn set out to bring the American legal process forward by monumental steps in how law was taught and practiced. American legal education up to the late nineteenth century was a system of apprenticeships. Young men paid law firms to gain experience in the law. Their time was sold for more than they were paid, and law firms enjoyed the benefits of the apprenticeship system. Today, law schools approved by the American Bar Association prepare and graduate candidates for licensing exams. Thirty percent of those are not prepared to be examined, and fail the state bar exams. ;This thesis explores the process used by Pound to create his "Sociological Jurisprudence," examines Pound's biographical and personal history, studies his design process, then articulates qualitative design questions and policy recommendations for improvements in the construction of new legal paradigms and academic policy for law school graduates. By comprehending how difficult change is in design though understanding Fleck and Kuhn's constructions of paradigmatic constraints, a path is carved to forward new scholarship representative of Pound and Llewellyn's skills and abilities. (shrink)

Legal literacy refers to an indispensable knowledge on legal matters that have a direct bearing on an individual’s responsibilities which enable them to function well in circumstances where relevant laws apply. In a true sense, legal issues that teachers encounter are the same ones bedeviling the society at large. The need to include legal literacy in teacher education is informed by the fact that cases involving school laws seldom address simple school related disagreements (...) or right against wrong, but somewhat intricate issues surrounding the differing interests of students, parents, teachers the state and administrators within the school set up. Teachers are placed at a precarious position since they are entrusted with tremendous responsibilities of making resolutions that affect the civil liberties of students, parents and colleagues for those in administrative positions. For that reason, educators cannot afford to be ignorant of the edict since lack of legal understanding can lead to a superfluous risk exposure. The study employed cross-sectional survey design that made it possible for the researchers to collect data at a given point in time and allow for an investigation of the present level of legal literacy among Kenyan educators. The design also allowed for a comparison of the level of legal literacy between new and experienced teachers. (shrink)

One of the challenges in secondary schools today is infringements on students’ rights, in a tortious way that may also constitute breach of the Child’s Right Act of 2003 in Nigeria. These breach on rights usually come through the administration of corporal punishments on students, and mainly because the school heads see themselves as loco parentis of the students who can, therefore, enforce any form of punishment on them in the school. This study investigated knowledge, attitude, and infringement (...) of tort law among public secondary school heads on students in Osun State. All the students in Osun State public secondary schools and 723 heads constituted the population. A sample of 54 school heads and 180 students were selected using multi-stage sampling procedure. Two instruments were designed to elicit responses from the respondents. Descriptive and inferential statistics were used to answer the research questions raised for the study. The results showed that school heads do not have adequate knowledge of tort law and that both the school heads and students have poor attitude toward it tort law. The study recommends that short term training on student’s right, how they can be legally protected and tort law be organised for school heads. (shrink)

Current challenges in medical practice, research, and administration demand physicians who are familiar with bioethics, health law, and health economics. Curriculum directors at American Association of Medical Colleges-affiliated medical schools were sent confidential surveys requesting the number of required hours of the above subjects and the years in which they were taught, as well as instructor names. The number of relevant publications since 1990 for each named instructor was assessed by a PubMed search.In sum, teaching in all three subjects combined (...) comprises less than two percent of the total hours in the American medical curriculum, and most instructors have not recently published articles in the fields they teach. This suggests that medical schools should reevaluate their curricula and instructors in bioethics, health law, and health economics. (shrink)

Legal theorists seek to persuade other jurists of certain theories: Textualism or purposivism; formalism or realism; natural law theory or positivism; prison reform or abolition; universal or particular human rights? Despite voluminous literature about these debates, tremendous uncertainty remains about which views experts endorse. This Article presents the first-ever empirical study of American law professors about legal theory questions. A novel dataset of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding legal (...) theory debates. -/- Law professors also debate questions about the nature of the legal academy. Descriptively, which subjects (e.g. constitutional law) and methods (e.g. law & economics) are most central within the legal academy today? And prescriptively, should today’s legal academy prioritize additional areas (e.g. legislation) or methods (e.g. critical race theory)? There is great interest in these questions but no empirical dataset of experts’ views; this results in uncertainty about which views experts endorse. This Article’s empirical study also clarifies these questions, documenting law professors’ evaluation of over one-hundred areas of law. -/- The legal theory and legal academy findings support implications for legal scholarship, education, and practice. Clearly, debates about law and the legal academy’s evolution should not be settled by a survey. Nevertheless, insofar as law professors are experts about these issues, it is instructive to discover and carefully examine what views those experts hold, so as to help determine which views are most likely to be true and how the legal academy ought to develop. (shrink)

Clinical Legal Education programmes now take place in most law schools in England and Wales. However, legal education continues to be predominantly focused on the analysis and application of rules, doctrines, and theories to hypothetical scenarios or essay questions. This form of pedagogy either minimises or ignores the role of the client in terms of supplying lawyers with knowledge pertinent to their case. In other words, it overlooks the fact that the lawyer’s acquisition of knowledge is (...) not confined to technical rationality. This article seeks to achieve three broad aims. First, to contribute to the debate concerning the epistemology of reflective practice. Second, to develop a theoretical reflective cycle, informed by Kant’s transcendental idealism, which seeks to maximise knowledge acquisition in legal education, namely knowledge supplied by the client. Third, to address implicit bias using the proposed reflective cycle. An optimal pedagogy for using this cycle is Clinical Legal Education, namely live client clinics. (shrink)

Signing Ceremony of MOU on Professional Legal Diploma, Government of Dubai 2020.

The aim of this paper is to indicate the purpose of education and how it implies changes in the curricula of basic education and in the methods of teaching, guidance and evaluation. We start with the concepts of capacities and overlapping consensus, created respectively by Amartya Sen and John Rawls, and find something that we can call a good life and what it means to improve life. So, we established that education should have as its primary function (...) to enable the subject to lead a good life in harmony with the social environment. To decide whether the basic educational curriculum fulfills this function, we started with an analysis of school subjects. We realized that both the curriculum and the teaching methods were important for the fulfillment of the function of education, and that Brazilian basic education fails to fulfill these two points satisfactorily, as the current curriculum does not fully enable the individual to lead a good life and teaching methods are not guided and evaluated pedagogically by professionals. Anyway, the conclusion we reached was that we need certain changes in the curriculum and teaching methods. / O objetivo deste artigo é indicar qual a finalidade da educação e como isso implica modificações nos currículos da educação básica e nos métodos de orientação e avaliação de ensino. Partimos dos conceitos de capacidades e consenso sobreposto, criados respectivamente por Amartya Sen e John Rawls, e encontramos algo que podemos chamar de vida boa e o que significa melhoria de vida. Então, estabelecemos que a educação deve ter como função primordial capacitar o sujeito a levar uma vida boa em harmonia com o meio social. Para decidirmos se o currículo educacional básico cumpre essa função, partimos para uma análise das disciplinas escolares. Percebemos que tanto o currículo, quanto os métodos de ensino eram importantes para a realização da função da educação, e que a educação básica brasileira não consegue cumprir esses dois pontos satisfatoriamente, pois o currículo atual não capacita plenamente o indivíduo a levar uma vida boa e os métodos de ensino não são orientados e avaliados pedagogicamente por profissionais. Enfim, a conclusão que chegamos foi a de que precisamos de certas mudanças no currículo e nos métodos de ensino. (shrink)

At a House hearing on December 5, 2023, the presidents of three universities—Harvard, MIT, and the University of Pennsylvania—refused to state that certain kinds of hate speech, specifically calls for genocide of Jews, are prohibited on their campuses. The backlash against two of them, Harvard’s Claudine Gay and Penn’s Liz Magill, was swift and devastating; both of them were successfully pressured to resign. Still, while Professors Gay’s and Magill’s responses were widely criticized as tone-deaf, they were legally correct. At many (...) private, and all public, colleges and universities, even the worst hate speech is generally protected unless it is accompanied by aggressive, threatening, or violent conduct. -/- These “demotions” augur even worse consequences, including termination, for less powerful faculty who say the “wrong” thing, in particular statements in support of Trumpism, an increasingly mainstream ideology that stitches together white supremacy, misogyny, a preference for autocracy over democracy, and several phobias—homophobia, Islamophobia, transphobia, and xenophobia. The question I address in this paper is whether these consequences are constitutional at public schools. Whose right is stronger—a public-school teacher’s First Amendment right to express pro-Trumpist sentiments or a public school’s right to maintain a fair, inclusive, and welcoming learning environment? In this article, I argue that the public school has the upper hand here, that it is indeed constitutionally permitted to prohibit political hate speech that contributes to a hostile learning environment. Still, I narrowly limit this prohibition to dehumanizing speech—that is, speech explicitly suggesting that some human beings are “lesser”, intrinsically less valuable, than other human beings. -/- One objection to this position is that public schools may not prohibit any speech, no matter how dehumanizing, because such prohibition amounts to constitutionally impermissible viewpoint discrimination. I argue, however, that viewpoint discrimination is an integral part of education and therefore constitutionally permissible. Education necessarily involves promoting some values over others. These values fall into seven categories: constitutional principles, the humanist virtues, successful character traits and behaviors, knowledge and truth, art and beauty, health (both mental and physical), and social goods (such as justice, peace, and rule of law). (shrink)

The study was conducted to explore teachers’ experiences in the delivery of science subjects during the first school year of implementation of distance learning. The teachers’ experiences in the delivery of science subjects served as a reference for formulating innovation to make learning effective in distance learning modality. The data for this study were collected through an interview schedule. It was done through one-on-one in-depth interviews with each participant with the observance of COVID-19 safety protocols. The interviews with all (...) participants were audio-recorded. The data were transcribed verbatim by repeatedly listening to the recorded audio recording. Transcribed verbatim responses were then translated into English. After that, significant statements were determined from all participants’ responses. Lastly, themes and sub-themes were generated from the participants’ significant statements. Based on the result of this study, the following themes have been generated: preparation experiences, adjustment experiences, and unpleasant experiences. Preparations experienced by the participants were professional development, learning resource preparations, and aligning lessons to MELCs. The participants also had adjustment experiences, including content modification and ICT utilization. Also, unpleasant experiences by the participants were an overwhelming workload, complex communication, problems with assessment, and poor student learning. All the teachers’ experiences identified by the Hilongos National Vocational School junior high school teachers serve as the basis for formulating an innovation project. An innovation project for the new normal will address the unpleasant experiences of the teachers. Hence, the innovation project on improving students’ learning for science subjects in a distance learning modality must be utilized to cater to the needs of the school’s clients, the learners. The study concluded that an innovation project on improving students’ learning of science subjects is necessary to equip the Science Teachers of Hilongos National Vocational School with skills to improve the delivery of science subjects in the new normal. It is also recommended to alleviate teachers’ workload, strengthen communications, address problems in assessment, and improve students’ learning. (shrink)

This chapter describes the process of institutionalization of natural law at the University of Pisa, essential to interpreting the conditions in which the first public law chair of Italy was founded. The study of legal education in the late seventeenth and early eighteenth century will allow a more in-depth understanding of both the development of natural law in teaching practice throughout the long eighteenth century, and the features of the two processes of reception, respectively for educational and political (...) purposes. In fact, although both processes were founded on appreciation of the centrality of Roman law and philosophy in the construction of doctrines by the so-called ‘modern natural law school’, and developed through mediation of traditional Roman legal culture of the Pisan ‘historical-critical school’, there were some differences. In this initial phase, the didactic reception was indirect, although not entirely implicit, whereas the political reception was direct and explicit. (shrink)

Abstract: Law professors offer to teach students something called “thinking like a lawyer.” They suggest thereby that legal thought is in some way unique. If it is, through what means is it acquired? By reading the law. And so reading the law must be a different experience than reading other things, as is implied by the admonition that thinking like a lawyer is somehow different than other thinking. In most law school education, reading is practiced as a (...) means to an end—to produce a description of the substance or procedure of a particular area of the law. Too often, it is only in legal research and writing courses that reading is explicitly addressed. Even there, it is most often analyzed only in its role as a counterpart to the goal of writing; of producing tangible text. But although reading is not studied on its own terms, it makes up most of the practice of learning the law and much of the practice of law. When we read in the utilitarian senses of describing substance or procedure or in order to learn to write, we omit the powerful, tacit learning that occurs with this reading—the learning of the legal worldview. This remains true in the practice of law as well, where reading maintains the acquired worldview. This article explores how that worldview seeps silently into the lives of lawyers while they are busy learning to describe and inscribe the law. While social science has much to tell us about the process of reading, we need to turn to the arts to see the worldview that is learned and perpetuated when one learns to read the law. (shrink)

In France, some institutions seem to call for the engineer’s sense of social responsibility. However, this call is scarcely heard. Still, engineering students have been given the opportunity to gain a general education through courses in literature, law, economics, since the nineteenth century. But, such courses have long been offered only in the top ranked engineering schools. In this paper, we intend to show that the wish to increase engineering students’ social responsibility is an old concern. We also aim (...) at highlighting some macro social factors which shaped the answer to the call for social responsibility in the French engineering “Grandes Ecoles”. In the first part, we provide an overview of the scarce attention given to the engineering curriculum in the scholarly literature in France. In the second part, we analyse one century of discourses about the definition of the “complete engineer” and the consequent role of non technical education. In the third part, we focus on the characteristics of the corpus which has been institutionalized. Our main finding is that despite the many changes which occurred in engineering education during one century, the “other formation” remains grounded on a non academic “way of knowing”, and aims at increasing the reputation of the schools, more than enhancing engineering students’ social awareness. (shrink)

This paper argues that juridification has become the enemy of legality. By 'juridification' is meant the proliferation of legal norms and legally recognized norms. By legality is meant conformity with the ideal of the rule of law. The paper begins with the most obvious ways in which juridification threatens legality. Too much law makes the law on any subject hard to discover, hard to remember, and hard to follow. It also makes us too dependent on the discretion of petty (...) officials, who are therefore not sufficiently constrained by law. But the paper looks beyond the discretion of petty officials and argues that, in a way, the biggest threat to legality of our age comes from the proliferation of contractual norms, and the increasing diversion of contractual dispute-resolution into arbitration (and other ADR processes). The paper argues that those who rely on the law to recognise contracts should be subjected to an non-excludable jurisdiction of the courts in respect of all questions of law arising under those contracts, including their proper legal meaning. A compulsory arbitration clause, in other words, should be valid only subject to extensive judicial review of the arbitrator’s decisions. It is argued that contractual arbitration (and other ADR) that does not meet this condition is free-riding on the work of courts and professional lawyers, and should be regarded as antisocial – and that this is true even when it does more perfect justice between the parties. (shrink)

...If, in some places, backward science determines the remaining period by the lack of optimism only by the number 123456789, then our progressive science expands it to 987654321, which is eight times more advanced than theirs. However, due to the inherent caution of scientists, both sides do not specify the measuring unit of reference — year, day, hour or minute are meant. Leonid Leonov. Collected Op. in ten volumes. Volume ten. M.: IHL, 1984, p.583. -/- The modern men being as (...) a rule is proceeding in three relatively autonomous, but immanently coexisting, and each penetrating dialectically through other, and each contesting even cruelly with other, and each more or less dominating on other, differently in various societies, worlds: the first one of the barbarity, the second one the culture, the third one the civilization... Barbarity is the mode of coexistence of autonomous human societies based on the unlimited will to act so as subject wants to do without any limitations of his activities... Culture is the mode of coexistence of autonomous human societies based on the most ancient testaments, customs, traditions etc of the highestly sacrified appearence... Civilisation is the mode of coexistence of autonomous human societies based on the reasoned or legitimated by social contracts, by profits, by expediency and so more constitutions, institutions etc... -/- Andrei Melnikov-Pechersky in his epic "In the Woods" says that there was a movement among the Old Believers in Russia, or a current that proclaimed Kostroma the new and, it seems, the only true Jerusalem, in an apocalyptic sense, of course, which in its spiritual scale was probably not inferior to the Bogomils, shakers, Mormons, or else and the whole Reformation in potential. In Western Europe, every more or less convex nuance of the history of a state or region (even if it is a small San Marino) is overgrown with almost a dozen institutions, not always state ones, by the way, in which almost every sneeze and step of very ambivalent historical subjects in a broad sense is studied. Especially in the young, but very pretentious America of the United States, which embodies all world justice. In our country, for example, even many leading humanitarian specialists do not realize the spiritual value of the Ipatievsky MONASTERY. The Russian writer Boris Shiryaev, who died quite a long time ago and in a very far abroad, devoted a special part of his documentary and artistic epic of wanderings "The Inextinguishable Lampada" to an entertaining and instructive, tragic fate of a kind of village monarchy in some Villages of the Kostroma province (I could not identify the area, and, frankly, I did not really try) in the early years The Soviet government. At the same time, all Russians learn about the French emperor Napoleon almost with their mother's milk how many percent of cyanide potassium was found in his hair, they reflect on Lermontov's "Airship" (probably, just not to "memorize" the imposed "Borodino" by heart). The events, of course, are incomparable, but the fact is significant. The outstanding national artist (if not to say a thinker of the Chesnyakov level) Grigory Pavlovich Kusochkin was glorified wherever, in whatever catalogues he was not included. Paris, London, New York, St. Petersburg, Moscow... To look at some smear of luminaries like Picasso or Modigliani, international tourist routes are organized in the restaurant toilet using the finest marketing technologies, and we did not even know Grigory Pavlovich by sight until, thank God, a series of TV shows on all Russian channels was dedicated to him in one gulp. Why is this happening? Is it a consequence of poverty or the result of the conscious policy of the ruling elite of the country and the world? The regions of the Kostroma Region are Austria, Switzerland, Bavaria, Armenia, Moldova, and Georgia... Georgia! I served in the army there. In this small but very great country, judging even by the appearance of its President Shevardnadze, although it is smaller than the Kostroma region, there are so many different, but Georgian-speaking peoples! Kakhetians, Meskhetians, Imereti, Iveretians, Mingrelians, Khevsurs... Adjarians (mostly Georgian-speaking Muslims) even have their own autonomy. And some peoples are not Georgian—speaking at all — South Ossetians, Abkhazians, Kurds, Armenians, Greeks, even Assyrians. In the Kostroma Region, and in any Russian "province" — not much less: there are plenty of the same Georgians or Armenians everywhere, quite moderate, loyal, and so on. Having, as a rule, their own officially registered associations within the framework of cultural autonomy. Well done! And Israel! He is the only one with all his "illegal" (and I am for the fact that every nation knows better where its ancestral lands are) territories half the size of the Kostroma region. The total number of Jews worldwide, according to the "Soviet Encyclopedic Dictionary" in 1987, is about 14 million. Meanwhile, the fate of Israel is being preoccupied (it is very instructive how he achieved this!) all the united nations of the world. In the Kostroma Region and its diaspora, it seems to everyone, and especially to its semi-migrant, Varangian leadership. I don't care if they build a public atomic bomb here in the form of a nuclear power plant or not. Because they do not know the value of this land, the greatness of its spirit. Kostroma is a holy land. I will immediately make a reservation that by Kostroma I mean not only the modern region, but the entire area that has ever historically been associated with Kostroma. The USSR is also a part of the great historical Russia. In this sense, even the entire era of the Russian Romanov Empire is the Kostroma region. Or: many toponymic objects of our native land are called mysteriously beautiful: Sharya, Shunga, Shekshema, Sholezhka, - we need to find out what kind of peoples — and where are they now? — we left such euphonious archetypal combinations, because these are our Kostromsky peoples, these are our Kostroma people. Or, say, the classic of American and world sociology Pitirim Alexandrovich Sorokin writes in his autobiographical scientific novel "The Long Way" that he studied at the Khrenovskaya (what a strong word!) teachers' seminary of Kostroma province, but in an administrative row for propaganda activities, gendarmes were taken by sledge to the prison of the city of Kineshma - is this not a fact for Kostroma, and primarily for him, local history, although Kineshma has long been attributed to the Ivanovo region, and Pitirim Alexandrovich is buried on the other side of the planet?! I have not the slightest doubt that Kostroma provided spiritual food, gave birth to and nurtured a huge intellectual diaspora with extremely valuable material on a national, global scale. And this is both in direct and indirect order, in the form of a chain reaction. Apparently, it is easy for an intelligent person to grow up in Kostroma, but it is impossible to live, and somewhere on the contrary. Therefore, it is not surprising that the geneticist academician D. K. Belyaev, who was born in the village of Protasov near Nerekhta, very close to Kostroma, glorified Moscow and Siberia with his discoveries and practical results, which immeasurably enriched the Soviet state treasury with foreign exchange income from the sale of the most valuable fur grown according to the biotechnology developed by him in a much shorter time than it usually turns out in nature. And in Kostroma, most likely, few people know who he is and what he is famous for. I will focus in more detail on one of the aspects of his great life. This happened back in the so-called pre-Perestroika times. In a series of his speeches, Dmitry Konstantinovich, based on the results of his and colleagues' research, emphasized, in his opinion, the determining role of the biological factor in shaping the content of human essence, of course, only in a philosophical, conceptual aspect. For some reason, this was opposed by a geneticist, as they say, persecuted at one time by the "senile" in selectionism (including human nature) by the Michurino-Lysenkoists, academician N. P. Dubinin, which personally remains incomprehensible to me until now. With a grateful curtsey to Academician Dubinin and his point of view, the famous French humanist, member of the Politburo of the French Communist Party Lucien Sav appeared on the pages of the Communist magazine. The material was clearly titled: "Problems are not only scientific, but also political." He very indecently attributed the views of academician Belyaev to "a reactionary ideology that tries to put genetics at its service, and more broadly, biology, in order to present all kinds of social inequalities of all kinds as inherent in nature itself"(1). I would like to see any ideology that does not try to "put this or that at its service," much less something worthwhile... A little later, the editorial of the Communist hit the "biologizers", and soon Dmitry Konstantinovich was gone. In short, it is only on the example of our fellow countrymen that you can write interesting, world-class essays on science and its history, but instead our scientists should fit their global potencies into a page and a half (good yet. if not entirely at their own expense), and then for at least three years to guess whether they will be published or not. Now it no longer surprises me how at one time, when, after reading the listener card I filled out, the sweetest girl from the IPKPON office at USU congratulated me for something. It turned out that the dean of the Faculty of Philosophy of USU, doctor, professor, Honored Scientist, and now academician Konstantin Niko-laevich Lyubutin is a countryman, Kostromsky, or rather Manturovsky by origin, as I write below in the notes — we are Kostromendors. To him, my fellow citizen in the most subtle micropatriotic dimensions, I owe a lot in my professional and social development, even in survival. Because that's how it often turns out: you can be born here, sometimes you can live here... It's very hard. Maybe the Kostroma origin of an outstanding Russian historian of philosophy, organizer of science and education, educator and friend of a galaxy of people devoted to the Motherland and the cause is not a great milestone in the history of the region, but name me at least a dozen Russian cities on the scale of Kostroma, from where such intellectual ones would come out into the world and light luminaries like ours. No matter who you take from the world significance of the pillars of national (and world, and foreign, - even the great Rabbi of Lubavitcher spent three years in exile in a Campfire, — I learned from some foreign voices) history, literature, culture in general, technology, science and so on - you will always find someone, which is very directly related to Kostroma. Pushkin, Lermontov, Gorky. Alexander Nikolaevich Ostrovsky, Pisarev, Uspensky, Katenin, Florensky, Savrasov, Kustodiev, Dyagilev, Mikhalkov, Alexander Alexandrovich Zinoviev; writers, artists, entrepreneurs, revolutionaries, inventors, politicians... In some world-famous for its classic Russian provincialism, Kologriv has been storing, figuratively speaking, unique sketches, if not of Leo-Nardo da Vinci himself, then certainly of his school, almost since the seventeenth century. And not only that. Nevertheless, the well-known Chukhloma to the Fatherland, in addition to thinkers of the rank of Rozanov and Zinoviev (where should domestic philosophers mature and not be born, if not in Chukhloma, Manturov or Khrenknowswhere?), gave an actor of amazing, national, originality — Mikhail Pugovkin, who can not be confused with anyone, a role that no one will repeat. (shrink)

Schools have resumed receiving students after more than two years of closing doors to learners. College students. Students have built preferences on their professors even before the pandemic began. Using the epistemological lens in conducting research, the purpose of the study is to know the expectations of Filipino college students about the professional and personal qualities of their professors. The study utilized snowball or chain sampling to gather pertinent information in relation to the researched topic. Then, the data gathered (...) were treated through descriptive analysis of quantitative information and thematic analysis on the most recurring themes (qualitative data) among the responses of the subjects. Since it did not use a standardized evaluation tool, the study only aimed to know the expectations at the learners’ level. The results showed that Filipino learners value the professional trait of a professor as to being competent and possesses effective communication skills, and in terms of personal qualities, Filipino student lean towards having a good character in general such as friendliness and humorous. (shrink)

“Big Data” and data analytics affect all of us. Data collection, analysis, and use on a large scale is an important and growing part of commerce, governance, communication, law enforcement, security, finance, medicine, and research. And the theme of this symposium, “Individual and Informational Privacy in the Age of Big Data,” is expansive; we could have long and fruitful discussions about practices, laws, and concerns in any of these domains. But a big part of the audience for this symposium is (...) students and faculty in higher education institutions (HEIs), and the subject of this paper is data analytics in our own backyards. Higher education learning analytics (LA) is something that most of us involved in this symposium are familiar with. Students have encountered LA in their courses, in their interactions with their law school or with their undergraduate institutions, instructors use systems that collect information about their students, and administrators use information to help understand and steer their institutions. More importantly, though, data analytics in higher education is something that those of us participating in the symposium can actually control. Students can put pressure on administrators, and faculty often participate in university governance. Moreover, the systems in place in HEIs are more easily comprehensible to many of us because we work with them on a day-to-day basis. Students use systems as part of their course work, in their residences, in their libraries, and elsewhere. Faculty deploy course management systems (CMS) such as Desire2Learn, Moodle, Blackboard, and Canvas to structure their courses, and administrators use information gleaned from analytics systems to make operational decisions. If we (the participants in the symposium) indeed care about Individual and Informational Privacy in the Age of Big Data, the topic of this paper is a pretty good place to hone our thinking and put into practice our ideas. (shrink)

Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable motivations, lacks (...) proper perspective, does not grasp the flexibility in the concepts in play, does not grasp the restraints on concepts in play, does not follow the proper processes involved, and lacks the detail, courage, and tenacity needed to reach the proper “deduction” or “call,” on the face of things the formalist, too, should have reason to re-examine any “deduction” or “call” by such party. Thus, even the formalist should not deny the critical role of virtue when examining legal analysis, a role belying the notion of law as a "self-contained system of legal reasoning." -/- This Article thus explores basic freedoms and restraints applicable to legal analysis and the role that virtue plays in balancing such freedoms and restraints. Such exploration covers: (i) the origin, nature, and purpose of concepts and categories used in legal analysis; (ii) the experiential nature of the meaning of such concepts and categories used in legal analysis; (iii) the freedoms and restraints applicable to such concepts and categories as a result of either experience or of the concepts or categories themselves; (iv) how workable notions of virtue rightly balance such freedoms and restraints in legal analysis; (v) the distinction between such virtue and skill; (vi) reconceiving the analytically virtuous mean as a proper balance between such applicable freedoms and restraints; and (vii) defining and surveying the particular virtues that lead us to such proper balance and thus to good legal analysis. My hope is that lawyers and law schools in their curricula will follow such explorations as well in a quest to better understand legal analysis and how to teach and perform it well. (shrink)

Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- (...) As we reform legal education, we must recognize the role of cognitive emotion in law and legal analysis. If we fail to do this, we shortchange law schools, students, and the bar in grievous ways. We shortchange the very basics of true and best legal analysis. We shortchange at least half the universe of expression (the affective half). We shortchange the importance of watching and guarding the true interests of our clients, which interests are inextricably intertwined with affective experience. We shortchange the importance of motivation in law, life, and legal education. How can lawyers understand the motives of clients and other relevant parties without understanding the emotions that motivate them? How can lawyers hope to persuade judges, other advocates, or parties across the table in a transaction without grasping affective experience that motivates them? How can law professors fully engage students while ignoring affective experience that motivates students? Finally, we shortchange matters of life and death: emotions affect health and thus the very vigor of the bar. -/- Using insights from practice, modern neuroscience, and philosophy, I therefore explore emotion and other affective experience through a lawyer’s lens. In doing this, I reject claims that emotion and other affective experience are mere feeling (though I do not discount the importance of feeling). I also reject claims that emotion and other affective experience are necessarily irrational or beyond our control. Instead, such experience is often intentional and quite rational and controllable. After exploring law and affective experience at more “macro” levels, I consider three more specific examples of the interaction of law and emotion: (i) emotion, expression, and the first amendment, (ii) emotion in legal elements and exceptions, and (iii) emotion and lawyer mental health. To provide lawyers and legal scholars with a “one-source” overview of emotion and the law, I have also included an Appendix addressing a number of particular emotions. -/- Keywords: Emotion, Cognitive Emotion, Reason, Logos, Pathos, Legal Analysis, Legal Reasoning, Neuroscience, Philosophy, Persuasion, Rhetoric, Expression, First Amendment, Free Speech, Common Law Murder, Mental Health, NAACP v. McCrory, Anger, Contempt, Disgust, Hate, Malice. (shrink)

Christopher Columbus Langdell has not only damaged the study of law with his three follies: his legal formalism, his redacted appellate case method, and his notion that legal practice taints the professor of law. His three follies have also impaired character development critical for legal actors. This Article focuses on four such critical character traits and virtues impaired by Langdell: (i) imagination, (ii) empathy, (ii) balance, and (iv) integrity. -/- This Article also calls out potential character issues (...) with two professor types inspired by Langdell: (v) the hazing professor who confuses intellectual rigor with intense discomfort and who uses the redacted appellate case method to inflict such discomfort at the expense of better pedagogy, and (vi) the professor without substantial practice experience who is substantially paid to teach what she has never practiced. -/- Agreeing with C.S. Pierce that the best argument is a cable rather than a chain, I end by weaving in a Langdell villanelle. I hope such a cable can help lift Langdell and his follies from legal education and the world. (shrink)

Every school needs an advocate leader who can influence others to address issues, concerns, and problems that affect education, its quality, access, and the welfare of the stakeholders, especially that of the learners. This leader needs to subscribe to the redefined roles and nature of leadership. Advocacy leadership challenges educational leaders to take a progressive stance on pressing educational issues and problems. The next in line leaders need to awaken in themselves a specific advocacy and tune-in to this (...) new trend. With this, a qualitative inquiry explored the educational advocacies of twenty graduate students involved in focus group discussions and interviews. Using the thematic network as an analytical framework, the inquiry identified 46 keywords, 51 basic themes, and 6 organizing themes. Thus, a new thematic network of educational advocacies was generated. Learners’ welfare was the most dominant educational advocacy of graduate students, while leadership and governance, professional development, culture and religion, safety and environmental protection, and community development were considered as developing and noteworthy advocacies. These educational advocacies were deemed interconnected and interdependent to each other. Also, the study comes up with relevant propositions, while it makes recommendations for further research and utilization of the new framework. The results have implications for revisiting the educational administration curriculum by mapping out the subjects that contribute to the development of educational advocacy. (shrink)

Often, what is unaccustomed to the eyes of human beings, is considered menacing in any way possible. With every reason justifying its threat, we limit the concept’s scope while we put as much effort as we could to fit it into our definition of normal and right. Surrogacy, in the disguise of knowledge, has been immolated to a similar acceptable explanation as a phenomenon worldwide. The morality and legality of any nation consist of a pool of resources to present such (...) arguments. I, through this article, intend to address the concerns so far shared by those lawmakers, citizens, highly educated professionals, and feminists working in the ranks of the state deciding the fate of surrogacy and its practitioners through their sound enforcement. Once created, I believe that this article would leave each and every reader free and empowered to accept surrogacy for the potential it entails in breaking certain barriers of legal restrictions. I question the morality attached to the legal framework with respect to surrogacy and explore the intrinsic value that surrogacy carries. This article explores how surrogacy instead of a breach of sentiments, strengthening socio-economic disparity and harm to legal frameworks of rights, especially in the realm of exploitation, is integrative and the most unlike possibility in each of these contexts. It, instead is, in fact, an act that is acceptable universally, beyond the structures that human beings have created in viewing surrogacy. Rather, it could be viewed as an act where both, the surrogate mother and the commissioned parents rather than experiencing being befuddled, powerless and incomplete could experience fulfillment, power, happiness, and completion. (shrink)

Should ethics be taught in the high schools? Should high school faculty teach it themselves or invite college and university professors (or instructors) into the classroom to share their expertise? In this paper, I argue that the challenge to teach ethics in the high schools has a distinctly Deweyan dimension to it, since (i) Dewey proposed that it be attempted and (ii) he provided many valuable resources with which to proceed. The paper is organized into four sections. In the (...) first, I summarize Jim Garrison’s account of Dewey’s philosophy as education and argue that it offers an exceptional tool-kit to someone interested in advocating for high school ethics pedagogy. The second section presents Dewey’s model for ethics instruction in a high school setting, as articulated in his only essay devoted specifically to the subject: “Teaching Ethics in the High School.” The third examines Peter Singer’s brief essay, “Moral Experts,” to see whether moral expertise is a sine qua non for teaching ethics in the high schools. In the fourth and concluding section, I propose that meeting the Deweyan challenge of teaching ethics in the high schools requires, first, preparing oneself to overcome the objection that such a project is naïve, utopian or just plain foolish and, second, organizing enthusiastic participants to develop and test a prototype, experimenting with various implementation strategies on a small scale before attempting a bolder and larger scale version of the project. Apropos of this second requirement, I showcase the Center for Education in Law and Democracy’s “The High School Ethics Project” in the state of Colorado. (shrink)

This quantitative study explores the acceptability of Online Learning Action Cell (LAC) practice as a school-based professional development strategy for Tagumpay National High School (TNHS) teachers. The research was motivated by the Department of Education (DepEd) Order No. 35 s. 2016 which prompts public schools to comply with the implementation of LAC sessions because it has a positive impact on teachers’ beliefs and practices resulting in education reforms for learners’ benefit. However, in compliance with DepEd’s (...) policy on maximizing Time-On-Task (DepEd Order No. 9 s. 2005) and the teacher’s conflict of schedule and other ancillary and coordination functions, absences or non-participation in classroom LAC was noted. The viability of offering Online LAC sessions using appropriate media and technologies to provide more options and flexibility for the study is suggested and tested utilizing a conceptual framework drawn from DepEd Order No. 35 s. 2016, Simonson’s Equivalency Theory and Anderson’s Community of Inquiry (COI). A descriptive survey method was used in this study with purposive sampling identifying ten Technology and Livelihood Education (TLE) teachers to pilot the Online LAC based on the memorandum issued by the school head. The subjects went through a week of experience in a LAC session using Facebook (FB) as Learning Management System (LMS) while a researcher-designed survey tool in the form of a Likert-type scale questionnaire was administered via Google forms before and after the online session to measure teacher’s acceptability of Online LAC Session practice. In the analysis, a descriptive statistic shows that pre-post survey results on Online LAC session planning is from ‘moderately acceptable’ to ‘very highly acceptable’; implementation is from ‘acceptable’ to ‘very highly acceptable’, and evaluation is from ‘moderately acceptable’ to ‘very highly acceptable’. TNHS teachers' acceptability of Online LAC session practice increases after their participation in a fully-online learning environment. Limitations, recommendations, future research directions, and conclusions are also included in the study. -/- . (shrink)

Subject matter expertise goes far beyond simply knowing and regurgitating facts. It is a multifaceted ability encompassing a deep understanding of the content, pedagogical knowledge, assessment proficiency, fostering critical thinking and problem-solving skills, and cultivating positive attitudes and values. This transcendental phenomenological study was conducted to understand the lived experiences of SHS out-of-field research teachers in terms of assignment, instruction, and feedback. To grasp the phenomenon's essence, transcendental phenomenology aims to set aside the researcher's preconceived ideas and strive for neutrality. (...) The study was participated by 14 teacher-participants from the selected private senior high schools in Davao City, Philippines. Findings show that in terms of assignment, participants' experiences include adherence and submission to school administrators, consideration of teacher potential, experience, and training, and feelings of anxiety and frustration. With regards to instructional experiences, it includes lack of experience, aptitude, and administrative support; difficulty in establishing authority and checking outputs. With those, participants must be resourceful and creative and engage in professional development activities. In terms of feedback, participants were honest and open-minded and experienced the welcoming nature of the students. The findings elaborate on the complex and multi-faceted nature of out-of-field teaching, which is expected to inspire improved teacher hiring and placement policy. It is recommended that educational institutions should provide professional development programs to help those out-of-field teachers stay updated with best practices. (shrink)

Hegel experienced several personal, political, and professional crises during his life. These crises impacted his dense theory about the importance of rational self-reflection in the organic character and evolution of law. The article argues that Hegel’s Preface to the Philosophy of Right manifests how one philosopher came to terms with the personal, social and political crises in which he found himself. In particular, the article outlines the central themes of the Preface and then explicates the important notion of Bildung (...) in Hegel’s theory – an Enlightenment notion that Hegel absorbed from his own formal education. After retrieving Hegel’s reading of the virtues and flaws in Kant’s theory of law, the article then explicates Hegel’s understanding of freedom. The article then reviews the local politics in which Hegel found himself before, during and after Napoleon’s defeat. The article then turns to his professional rivalries with Jacob Fries and Friedrich Savigny. The article argues that the personal animosities shaped parts of his Preface. These complex influences and concerns explain why Hegel waited 20 years to publish his theory of law. Hegel’s Preface comes to terms with the crises of his own times. (shrink)

This article maintains that the so-called theory-practice divide in legal education is not only factually false but semantically impossible. -/- As to the divide's falsity, practitioners have of course performed excellent scholarship and academics have excelled in practice. As to the divide's semantic impossibility, this article examines, among other things: -/- (1) the essential role of experience in meaning, -/- (2) the resulting inseparability of theory and practice in the world of experience, -/- (3) problems the divide shares (...) in common with debunked Cartesian dualism, and -/- (4) modern cognitive psychology’s notions of embodied meaning which further underscore the semantic impossibility of separating theory from practice in the world of experience. -/- Using insights from such examinations, this article also explores implications of a debunked theory-practice divide for, among other things, law school curriculums and law school faculty hiring standards. -/- Keywords: legal education, legal writing, semantics, theory, practice, experience, Charles Sanders Peirce, embodied meaning, cognitive psychology, Cartesian dualism, affordance knowledge, metaphor, George Lakoff, category, humanities, Langdell, pragmatism, semiotics, philosophy. (shrink)

Purpose: This thematic literature review explores the critical role of competent writing skills in law enforcement, examining its impact on career progression, agency reputation, and legal proceedings. The purpose is to synthesize existing literature to identify research gaps and suggest directions for future studies. Methods: Google Scholar, ERIC, and the Jerry Falwell Library searches were conducted to capture a broad range of studies involving police report writing, its impact on officers, law enforcement agencies, and the criminal justice system, and (...) writing improvement strategies. Although not required for this review, the work followed PRISMA-ScR guidelines. Results: The initial search yielded numerous qualitative and quantitative studies. This review categorizes the findings into themes of the importance of writing proficiency, the influence of organizational culture, training and education, and technological integration, highlighting the variability and scope of the existing literature. Conclusions: The review shows the need for well-structured research to substantiate the factors contributing to effective law enforcement report writing. It recommends areas for in-depth exploration in future systematic reviews or primary studies, especially longitudinal studies on the effects of targeted training programs, organizational culture shifts, and technological integration on writing proficiency. Application in Law Enforcement: For trainers and instructors, integrating comprehensive report writing programs into training for law enforcement officers can enhance professional skills and accountability. Effective report writing improves documentation accuracy, supports legal proceedings, and enhances career progression. Incorporating targeted report writing training can holistically enhance the performance and professionalism of law enforcement officers. (shrink)

The students’ academic performance is the key element for both learners and teachers in examining the educational objectives for all subjects. This work is entitled “Factors contributing to Students' Academic Performance in Biology State Examination at Upper Secondary Schools in Gitega commune, Burundi” explores the factors that influence the students’ academic performance in biology national examination, particularly in Gitega commune. All school directors, laboratory, and library staff, and six senior students who did biology national examination over five school (...) years from 2016 to 2020 in all upper secondary schools with Biology-Chemistry and Earth sciences combination formed a study population. The stratified sampling technique to carry out this correlational study for choosing the upper secondary schools from urban and rural school areas. This study covered 12 upper secondary schools, 12 library staff and 3 laboratory staff, and 1961 senior six students who were selected purposively according to the above learning combination six in 1961 senior students over five consecutive school years (2016 to 2020) as a sample. The instruments used for collecting data were questionnaires and the document review checklist. Descriptive statistics, Analysis of variance (ANOVA) and multiple linear Regression test were used to analyze the collected data and the interpretation was guided by a literature review. The findings of this study indicated that teachers’ academic qualifications were inversely associated with the students’ academic performance whereas the teachers’ professional qualifications and students’ academic performance were also negatively linked. Also, there was statistically a significant association between teaching experience and students’ academic performance while professional training of biology Teachers are significantly associated with students’ academic performance. Other contributing factors to students’ academic achievement such as physical facilities (laboratory, library, staff room, computer lab and biology textbooks were significantly and positively linked with students' academic performance. Based on these findings, recommendations were made. (shrink)

This study aimed to trace the 2015 to 2019 MAME graduates in the College of Teacher Education for Graduate Studies of the University of Northern Philippines in terms of their personal profile, their work-related profile before and after taking their master’s degree, reasons of taking up the program, competency level before and after taking the program, appraisal of the most useful courses offered in the program, evaluation on the contribution of the program to their personal and professional growth (...) and assessment on the features of the program and suggestions of how to improve the program. The researcher utilized mixed method of research. The subjects were the MAME graduates, and a questionnaire and open-ended questions were sent to them thru various online flat forms. Based on the findings of the study, the following conclusions are derived: pursuing graduate studies chooses no sex, civil status or age as long as there is a will to improve one's self; students have math- related educational background and finished the program within the prescribed number of years; having master’s degree could contribute greatly in landing a permanent teaching job in public schools; professional and personal growth and development is the strongest drive to pursue advance education; the program offers subjects that are useful which enhanced the teaching competencies of the graduates and consequently contribute to the holistic development of the graduates; and that there are areas needing improvement in the MAME program. (shrink)

A new program of teacher training in a dialogical spirit in order to prepare them towards working in the field of philosophy with children combines cultivating creativity and self-reflective thinking had been operated as a part of cooperation between the academia and the education system in Israel. This article describes the program that is a part of their practice towards co-operation between academia and schools as a part of PDS (Professional Development Schools) partnership. The program fosters creativity and (...) self-reflective thinking in schools and teacher training, and offers dialogical methods through the philosophy of Martin Buber, Emanuel Levinas and Paulo Freire. The program encourages adopting principles proposed by Martin Buber (1947, 1957, 1959), who perceived education as a dialogue among people whose humanity is fully manifested in its reciprocity. This is an unequivocal stance, maintaining that neither skillful technique nor exciting contents can replace the experience of the spontaneous, authentic concrete presence of the educator’s personality. The dialogic dimension of the program draws its significance from the principle of responsibility, as expressed by Emanuel Levinas (2003). It is based on the idea that the human being, as a speaking subject, does not place himself/herself in the center, but turns to the other. This committed attitude of the other must be expressed in education action, in clothing the naked and feeding the hungry as expressed by Paulo Freire (1973). These principles implemented in teacher education and teacher training requires active listening, a capacity to be response-able to environment in which teachers are situated and it seeks to uncover assumptions, reflect on concepts in use and assist the new teacher to be involve on a philosophical inquiry, as well as situating self-understanding in the context of philosophy of education. (shrink)

This book manuscript, entitled United Nations Human Rights Ethics: For The Greatest Success of the Greatest Number, critically examines most all major normative ethical theories since Socrates and finds Roman Stoic ethics to be the least deficient. It divides ethical theories into popular ones with little academic support, other popular ones that have had such support, and Kantian ethics standing alone as a philosopher's academic ethical philosophy with limited popular support. It criticizes the appropriation of human rights by the international (...) law profession to the exclusion of moral philosophy, despite the origin of "human rights" in the moral philosopher Rousseau. It blames the inability of moral philosophers to reach a professional consensus on the elements of normative ethics, not the legal profession. It laments both the failure of human rights education to human beings everywhere as requested by the Universal Declaration and the decline in popular support for human rights in favor of nationalism in current history since 2015. It advocates a way of redirecting human right education to people on the ground rather than mainly to law students. Such education has been overtaken by the Rule of Law movement fighting high crimes crimes against humanity unanticipated by the Universal Declaration. It argues for a way for ethicists to get on the same page in teaching elements in ethics and argues forcefully for a positive method for popular human rights education as well as for human rights-based elementary ethical theory. (shrink)

Curriculum integration is frequently promoted as a means of enabling deeper and more authentic learning, with Mathematics often considered a suitable subject for doing so. This review investigates which elements contribute to the effectiveness of Mathematics integration in secondary education. Teacher factors include attitudes towards integrative practices and knowledge of both disciplinary content and curriculum integration theory. Pedagogy factors concern utilising activities that best synthesise concepts from multiple subjects to enhance learning, especially projects. Institutional factors relate to curriculum and (...) assessment requirements as well as school-level variables such as access to planning time and professional development. Limitations in the research literature include a narrow focus on connecting Mathematics with scientific disciplines, a reliance on qualitative methods and small sample sizes, and unknown generalisability to education systems other than those in which studies were conducted. Even so, attempting to navigate the factors involved in effective curriculum integration with Mathematics appears worthwhile. (shrink)

The chaotic situation of today’s VUCA (volatility, uncertainty, complexity, and ambiguity) and TUNA (Turbulent, Uncertain, Novel, Ambiguous) world is bringing more and more active and passive reforms, including positive and negative aspects, that reform business models. Educational institutions are not exceptional. Regarding the nature of educational institutions’ operation in today’s rapidly changing context, school leaders also need to raise concerns similar to those of business managers from other industries: “How do their institutions continuously renovate to adapt to tomorrow’s world?” (...) Thus, based on organisational learning theories, this project aims to establish a framework to evaluate educational leadership’s influence on the organisational knowledge circulation effectiveness within the K-12 education context. The study combines a structured literature review, bibliometrics analysis, and high-order structural equation model analysis on the survey for teachers among Vietnamese public and private K-12 schools. First, this project proposed and validated a toolset to measure educational leadership as a combination of principalship and teacher leadership. Second, it revealed new insights about the impacts of educational leadership, knowledge circulation, and school culture on teachers’ job satisfaction. The project also offers insights into teachers’ professional development activities across various school types and grade levels in Vietnam, which contribute to further continuous renovation of Vietnamese K-12 schools, and diversify the corpus of educational leadership studies. This project’s results extended the applications of organisational learning theories in K-12 education, as well as can be adopted to establish further knowledge management frameworks in other settings such as higher education or vocational education. (shrink)

This capstone project aimed to enhance the operational efficiency of school transactions at Mary Perpetua E. Brioso National High School (MPEBNHS) in response to challenges posed by the COVID-19 pandemic. This goal was achieved by developing and implementing the Mobile-Based Selected School Services Application, "iSkulSerb." The development of iSkulSerb followed the systematic approach of Borg and Gall's (1983) Research and Development (R&D) methodology for creating and validating educational products. To ensure the validity and reliability of the application, (...) it underwent rigorous examination by both IT and education experts. Additionally, survey questionnaires were administered during the project's implementation to assess the impact of iSkulSerb's features on school stakeholders. The research findings highlighted positive perceptions and outcomes related to iSkulSerb. Stakeholders demonstrated a favorable acceptance of the application, as evidenced by an overall weighted mean of 4.34. The accessibility of school services saw a substantial improvement, reflected in the weighted mean of 4.37. User-friendliness also received positive feedback, with an overall weighted mean of 4.27. These findings suggest that iSkulSerb effectively addresses the challenges faced by the school, contributing to enhanced operational efficiency and improved stakeholder experiences. Given the demonstrated reliability and efficacy of iSkulSerb, there is a compelling case for its widespread adoption across other public schools within the Schools Division of Masbate Province. The positive reception and success metrics indicate that iSkulSerb can serve as a benchmark for other regional schools. (shrink)

Dr. Seyed Mohammad Mohajer, author of this book, for the first time, on the subject of SEM (Student Experience Management) and TEM :(Teacher Experience Management), Expresses and writes In today’s competitive world in which men are looking for acquiring a better place for themselves and their properties, indeed it can be said that people who compete on a full scale in marketing and branding by learning knowledge and experience, are more successful. Apart from people, countries, cities, businesses, historical and religious (...) sites, companies, products, services, and even government agencies are endeavoring and competing to possess a better place and more profitability. In the meantime, universities, higher education institutions, and specialized schools such as Business Schools, Language Schools, Art Schools, etc are not exceptions. Contest in the digital and traditional area, simultaneously, and with a proper strategy and developing systematic advertising campaigns can make a university or higher education institutions a brand. Since the branding process, as its name implies, has a -ing (continuous), the process must be continual and running continuously. One of the most significant tools in higher education institutions branding is CEM (Client Experience Management) which includes SEM (Student Experience Management) and TEM (Teacher Experience Management). Valuing the main audiences, which are students and professors, and creating a distinctive and excellent experience in the educational environment either in a digital or in a traditional area, can lead to receive excellent feedback from these audiences and direct them to the brand layers that are Awareness, Knowledge, Attitude, Engagement, Satisfaction, Loyalty and the highest level that is Passion, which the same matter make the sense of constancy and belonging and conversion Trademark (Servicemark) a higher education institution to a Lovemark. But how this distinctive experience and feeling can be infused with the audiences? Undoubtedly, many solutions are recommended in this field, such as the use of sensory branding methods, but the important point here is who can create and improve this experience? Certainly, the University Staff has a key and very effective role in the mentioned process. However, the significant point is which employees can make this experience? The answer is very simple but key: Employees who first receive a good sense of working in a scientific and educational environment. Therefore, we are facing a phenomenon called SEM (Staff Experience Management), that is, university administrators and heads, before engaging in Client Experience Management, should seek to create a sense of satisfaction, belonging, and loyalty in the educational environment and grow their educational brand set, which its tools are certainly Employer Branding and Human Capital Management. By mentioning all the foregoing keywords, each of which is a deep concept in BRAND Building and Branding of higher education institutions discussion, we begin our main discussion, namely marketing and branding in higher education institutions. I hope you will be with us by the end of the book and experience a different studying the book, dear reader. Dr. Mohajer writes in his introduction: Be the best version of yourself I daresay all brand and branding concepts and definitions can be observed in the above sentence. whereof the brand, like a human, experiences all the before birth, birth, growth, maturity, wane and death processes, and since a real human being is always looking for growth and ascendancy, and this continuous process to reach the endpoint Life, thus the grown man is always looking to reach a higher point of his present and past. The most important tool in a human ascendancy or a brand is certainly an education. Either for a human or a brand, becoming a distinct brand goes through practical training. The above sentences are a summary of my little experience as Seyed Mohammad Mohajer in education and especially training in the brand management field. Certainly, the brand and education and the combination of these two words are the main and vital tools for the development of any country and human being. Now that I am the President of Tarjoman Oloom Higher Education Institute and the BrandAfarin international group, I consider it necessary as my social mission to start first from myself and with a better understanding of myself, then the great God and comprehending the universe; I announce to the cultured society that we seek to identify brilliant talents in the three areas of education, research and management consulting, and we warmly welcome intellectuals, professionals and individuals seeking individual and organizational growth. Also, by creating skill training courses in four specialized fields of management in the Business School, foreign languages ​​in the Language School of Art and Media in the Art School, and new technologies in the i4.0 School for people who can not afford to pay for the training tuition, We have created the chance to study at Tarjoman Oloom Higher Education Institute for free and then go to the business market. It would be my honor to contact me for more information and direct communication through my website www.mohajer.tvLinks to an external site. and my email info(at)mohajer.tv. Book Details: ISBN-13 : 979-8574963845 Paperback : 272 pages Language: : English ASIN : B08PJPQSK9 Paperback : 272 pages Author: Seyed Mohammad Mohajer, PhD. (President of Tarjoman Oloom Higher Education Institute) For more information on Marketing and Branding in Higher Education Institute, visit: https://www.amazon.com/dp/B08PJPQSK9Links to an external site. (shrink)

CLE aims and clients’ needs conflict where students’ interests are put beyond clients’ needs. Students have interests in gaining employment, impressing instructors and supervisors, and experiencing the active application of law. Where the clients’ service-needs are subordinated to students’ interests, the relationship between the two—the ‘tension’—is tilted in a manner in which the clients are disserved through the fulfilment of students’ interests. This may be exacerbated by faulty institutional cultures where clinical faculty are treated differently, or as less accomplished or (...) ‘worthwhile’ than their ‘traditional’ counterparts. This also emphasizes that it is the clinical law faculty who may exacerbate or assuage the tension, as it is for clinical faculty to assure that clients’ needs are met on ethical grounds,20 and to equate the practice of law with excellence before students. (shrink)

This study aimed to assess the effectiveness of remedial instruction in improving the numeracy skills of Grade 7 students at Malbug National High School during the school year 2023-2024. Adopting a quasi-experimental research design, the research focused on Grade 7 students at Malbug National High School, Cawayan East District, Masbate Province Division, Philippines, identified as non-numerates, employing pre-tests and post-tests as essential research tools. The independent variable was the remedial instruction in numeracy, while the dependent variable was (...) students' numeracy performance measured through pre-tests and post-tests. Before the intervention, the pre-test numeracy performance exhibited a varied distribution of students across different score ranges. A majority fell into the "Needs Major Support" category, emphasizing the necessity for targeted interventions. The post-test results, however, revealed a remarkable improvement, with 87.88% of initially non-numerate students achieving scores in the "Transforming" range. A thorough statistical examination validated a notable disparity in the scores obtained before and after the instructional intervention, substantiating the favorable influence of remedial instruction. The calculated t-value of 19.594, exceeding the critical t-value, led to rejecting the null hypothesis. In conclusion, the study emphasizes the need for tailored interventions based on the initial deficiency in numeracy skills. The post-test results underscored the success of remedial instruction in fostering substantial growth. The study recommends sustaining the remedial program, implementing periodic assessments, providing teacher training, involving parents in students' development, allocating adequate resources, and further research in other schools to strengthen findings. (shrink)

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and (...) also whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)

This study assessed students’ personnel management and academic effectiveness in terms of punctuality to classes, time management, study habits, record keeping, attitudes during classes, note taking, attitudes towards assignment, examination results and attitudes towards co-curricular activities in Calabar Education Zone of Cross River State. Three null hypotheses were formulated accordingly to guide the study following a descriptive survey research design. Proportionate sampling technique was employed in selecting a sample of 1,934 students (representing 20%) from a population of 9,672 students. (...) Students’ Personnel Management and Academic Effectiveness Questionnaire (SPMAEQ) was used as an instrument for data collection. The instrument yielded reliability estimates of .86 and .93 for the independent and dependent variables using Split-half technique. The null hypotheses were all tested at .05 level of significance using Pearson Correlation Matrix with the aid of SPSS v25. Findings from the study revealed among others that; students' counseling, healthcare, and discipline management respectively, are significantly related to students' academic effectiveness in terms of punctuality to classes, time management, study habits, record keeping, attitudes during classes, note taking, attitudes towards assignment, examination results and attitudes towards co-curricular activities. It was concluded generally from the findings of this study that, there is a moderate positive relationship which is statistically significant between students’ personnel management and their academic effectiveness. It was recommended amongst others that; there should be adequate employment and supply of professional guidance counselors to all secondary schools to boost the psychological levels of students and make them emotionally prepared for academic and co-curricular activities in the school. (shrink)

School boosters are tax-exempt organizations that engage in fundraising efforts to provide public schools with supplementary resources. This paper argues that prevailing forms of school boosting are defeasibly unjust. Section 1 shows that inequalities in public education funding in the United States violate John Rawls’s two principles of domestic justice. Section 2 argues that prevailing forms of school boosting exacerbate and plausibly perpetuate these injustices. Section 3 then contends that boosting thereby defeasibly violates Rawlsian principles of (...) nonideal theory for rectifying injustice. Thus, boosting should be presumptively either made illegal or substantially reformed. Finally, Section 4 responds to potential objections. (shrink)

Getting a graduate education is one of the most important parts of a professional in a field. It allows them to climb higher in the professional rankings or even get higher pay for their academic work. All graduate students are adults and self-directed due to their past experiences in work or practice. However, when the pandemic hit the world, these self-directed learners were not spared from shutting of schools. In the Philippines, most graduate schools deliver their lessons (...) through the traditional mode or face-to-face until the pandemic that they shifted in the emerging online learning modality. Using the mixed method of quantitative and qualitative type of study the researchers were able to gather 419 graduate students from various regions of the archipelago to take part in the study. The researchers found out that upon experiencing the benefits of online learning, graduate students want to continue this modality even in the future. More than a third of the respondents also claimed that they want the blended or hybrid type of graduate studies as opposed to going back to the more traditional face-to-face classes. The reasons for these can vary on each learner’s situation. (shrink)

Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My (...) first two sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)

The legal progression in China is portrayed negatively by western scholars who often argue that the state institutions in China are subordinate to the control of Chinese Communist Party’s leadership which makes these institutions politically insignificant. We consider that the legal progression in China has an instrumental role in achieving “Harmonious Socialist Society.” The purpose of this thesis is to provide an analytical literature review of scholastic work to explain the legality of rule of law in China and (...) to elaborate the outcomes of China’s recent legal developments. This paper has two main subjects. First, it examines the nature of law and rule of law in China through the prism of different legal theories. Secondly, by arguing from different political theories, it explains the necessity of customized legal system in China for establishing a Harmonious Socialist Society. By giving different examples from contemporary China, this thesis argues that the legality of the rule of law in China ought to be understood in the context of China’s economic and social progression rather than the western legal scholarship. China’s economic progress demands a customized legal system. In our thesis, we claim that the regular upgradation of laws and introduction of constitutional amendments in China, should be recognized as important achievement which is required for the institutional innovation. Legal progression in China during last decade perfectly fit into the framework of “Socialism with Chinese Characteristics” and is very crucial for building a harmonious socialist society. It is vivid from China’s economic growth and developed international relations. Finally, this paper suggests that the Chinese legal progression can be taken as successful example of legal experimentalism. (shrink)

In an important new Article, titled A Matter of Facts: The Evolution of the Copyright Fact-Exclusion and Its Implications for Disinformation and Democracy, Professor Jessica Silbey argues provocatively that we “‘only” know that facts are excluded from copyright protection because Feist Publications v. Rural Telephone Service “says so.” She argues that both the nature and importance of facts has been underdefined and is in flux, nonetheless tracing it to the foundational cases of United States (U.S.) copyright law, and argues for (...) a stronger exclusion of facts, which are publici juris, and belong in the public domain. This central thesis is most agreeable, as is her analysis of doctrine and legislative history. The Article’s rich study of American pragmatism, legal realism, the Cambridge school of analytic philosophy, and the “new social scientists,” which Professor Silbey uses to support a strong fact-exclusion, is a tour de force. The Article ends with a list of proposals for a strong Feist application to evaluations, catalogs, manuals, and legal documents. It also includes a call not to allow for industrial dilution of copyright’s framework, including the facts and ideas exclusion. Both are laudable and timely in the era of generative artificial intelligence (AI), where proposals to protect non-authorial quasi-expression or to prevent copying of non-expressive subject matter abound. -/- While I agree with a call for a robust public domain and strong fact-exclusion, and devote Part II of this Response to explore further doctrinal grounds for them, in Part III I explore Silbey’s argument that “pragmatist philosophy’s challenge to universal truths combined with legal realist challenges to formalist jurisprudence eventually shape what is (or should be) copyright law’s broad public domain in ‘facts.’” It is not immediately clear if pragmatism and realism are a solid ground for justifying strong legal principles and axioms. Engaging with this provocative argument allows us to uncover what realism means to Professor Silbey and the much more radical consequences of her arguments. Part IV concludes. (shrink)