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The nature of the J.D. can be better understood by a review of the context of the history of legal education in England. The teaching of law at Oxford University was for philosophical or scholarly purposes and not meant to prepare one to practice law. Professional training for practicing common law in England was undertaken at the Inns of Court, but over time the training functions of the Inns lessened considerably and apprenticeships with individual practitioners arose as the prominent medium of preparation. However, because of the lack of standardization of study and of objective standards for appraisal of these apprenticeships, the role of universities became subsequently of importance for the education of lawyers in the English speaking world. The original method of education at the Inns of Court was a mix of moot court-like practice and lecture, as well as court proceedings observation. By the seventeenth century, the Inns obtained a status as a kind of university akin to the University of Oxford and the University of Cambridge, though very specialized in purpose. With the frequent absence of parties to suits during the Crusades, the importance of the lawyer role grew tremendously, and the demand for lawyers grew.
Traditionally Oxford and Cambridge did not see common law as worthy of study, and included coursework in law only in the context of canon and civil law and for the purpose of the study of philosophy or history only. The apprenticeship program for solicitors thus emerged, structured and governed by the same rules as the apprenticeship programs for the trades. The training of solicitors by apprenticeship was formally established by an act of parliament in 1729. William Blackstone became the first lecturer in English common law at the University of Oxford in 1753, but the university did not establish the program for the purpose of professional study, and the lectures were very philosophical and theoretical in nature.
The Inns of Court continued but became less effective and admission to the bar still did not require any significant educational activity or examination, therefore in 1846 Parliament examined the education and training of prospective barristers and found the system to be inferior to the legal education provided in Europe and the United States. Therefore, formal schools of law were called for, but not finally established until later in the century, and even then the bar did not consider a university degree in admission decisions. Due to an initial distrust of a profession open only to the elite in England, as institutions for training developed in what would become the United States they emerged as quite different than those in England.
Initially in the United States the legal professionals were trained and imported from England. A formal apprenticeship or clerkship program was established first in New York in 1730—at that time a seven-year clerkship was required, and in 1756 a four-year college degree was required in addition to five years of clerking and an examination. Later the requirements were reduced to require only two years of college education. The student was supposed to compile his notes of his reading of the law into a "commonplace book", which he would try to memorize. Although those were the ideals, in reality the clerks were often overworked and rarely were able to study the law individually as expected. They were often employed to tedious tasks, such as making handwritten copies of documents. Finding sufficient legal texts was also a seriously debilitating issue, and there was no standardization in the books assigned to the clerk trainees because they were assigned by their mentor, whose opinion of the law may have differed greatly from his peers. It was said by one famous attorney in the U.S., William Livingston, in 1745 in a New York newspaper that the clerkship program was severely flawed, and that most mentors "have no manner of concern for their clerk's future welfare... [T]is a monstrous absurdity to suppose, that the law is to be learnt by a perpetual copying of precedents." The apprenticeship programs often employed the trainee with menial tasks, and while they were well trained in the day to day operations of a law office, they were generally unprepared practitioners or legal reasoners. The establishment of formal faculties of law in U.S. universities did not occur until the latter part of the 18th century. With the beginning of the American Revolution, the supply of lawyers from Britain ended. The first law degree granted by a U.S. university was a Bachelor of Law in 1793 by the College of William and Mary, which was abbreviated L.B.; Harvard was the first university to use the LL.B. abbreviation in the United States.
The first university law programs in the United States, such as that of the University of Maryland established in 1812, included much theoretical and philosophical study, including works such as the Bible, Cicero, Seneca, Aristotle, Adam Smith, Montesquieu and Grotius. It has been said that the early university law schools of the early 19th century seemed to be preparing students for careers as statesmen rather than as lawyers. At the LL.B. programs in the early 1900s at Stanford University and Yale continued to include "cultural study," which included courses in languages, mathematics and economics.
In the 1850s there were many proprietary schools which originated from a practitioner taking on multiple apprentices and establishing a school and which provided a practical legal education, as opposed to the one offered in the universities which offered an education in the theory, history and philosophy of law. The universities assumed that the acquisition of skills would happen in practice, while the proprietary schools concentrated on the practical skills during education. U.S. Supreme Court justice Joseph Story started the spirit of change in legal education at Harvard when he advocated a more "scientific study" of the law in the 19th century. At the time he was a lecturer at Harvard. Therefore at Harvard the education was much of a trade school type of approach to legal education, contrary to the more liberal arts education advocated by Blackstone at Oxford and Jefferson at William and Mary. Nonetheless there continued to be debate among educators over whether legal education should be more vocational, as at the private law schools, or through a rigorous scientific method, such as that developed by Story and Langdell. In the words of Dorsey Ellis, "Langdell viewed law as a science and the law library as the laboratory, with the cases providing the basis for learning those 'principles or doctrines' of which law, considered as a science, consists. Nonetheless, into the year 1900 most states did not require a university education (although an apprenticeship was often required) and most practitioners had not attended any law school or college. implementing elements such as clinical training, which has become an essential part of legal education in the U.S. and in the J.D. program of study. Whereas in the 18th and 19th century, few U.S. lawyers trained in an apprenticeship "achieved a level of competence necessary to adequately serve their clients," today as a result of the development of the U.S. legal education system, "law graduates perceive themselves to be prepared upon graduation" for the practice of law.
Professional doctorates were developed in the United States in the 19th century, the first being the Doctor of Medicine in 1807, but the professional law degree took more time. At the time the legal system in the United States was still in development as the educational institutions were developing. The status of the legal profession was at that time still ambiguous, therefore the development of the legal degree took much time. Even when some universities offered training in law, they did not offer a degree. At first the degree took the form of a B.L. (such as at the College of William and Mary), but then Harvard, keen on importing legitimacy through the trappings of Oxford and Cambridge, implemented an LL.B. degree. This was somewhat controversial at the time because it was a professional training without any of the cultural or classical studies required of a bachelors degree in England. Thus, even though the name of the English LL.B. degree was implemented at Harvard, the program in the U.S. was nonetheless intended as practical or professional training, and not, as in England, merely a bachelor of arts denoting a specialization in law.
Because of tradition, and concerns about less famous universities implementing a J.D. program, there was some reluctance by some institutions, such as Yale Law School, to implement the J.D. as the only law degree. By the 1960s every law school except Yale offered a J.D. as its sole professional law degree. Yale continued to confer the LL.B. as its professional degree in law until 1971. Both barristers and solicitors must undertake two further periods of training (the Bar Vocational Course and pupillage for barristers and the LPC and a training contract for solicitors).
The bachelor's degree originated at the University of Paris, which system was implemented at Oxford and Cambridge. The "arts" designation of the degree traditionally signifies that the student has undertaken a certain amount of study of the classics. On continental Europe the bachelor's degree was phased out in the 18th or early 19th century but it continued at Oxford and Cambridge. Today Oxford offers the bachelor's degree in law (B.C.L.) as a second entry program, contrary to the practice of all other English universities. Cambridge followed the same practice until relatively recently, renaming its LL.B. degree as LL.M. in 1982.
Because the English legal education is undergraduate and provides a general education (retaining some of the characteristics of the liberal arts degree advocated by Blackstone) a great number of the graduates have no intention of becoming solicitors or barristers. The approach of the English degree can be seen in the required curriculum, in which there is no study of civil procedure, and relatively few courses in advanced law such as business entities, bankruptcy, evidence, family law, etc. There has been a trend in the past twenty years in England to introduce more professionally relevant courses in the curriculum, particularly in "qualifying law degrees," and the law school has taken a more central role in the preparation of lawyers in England, The education in law schools in Canada was similar to that in the United States at the turn of the 20th century, but with a greater concentration on statutory drafting and interpretation, and elements of a liberal education. The bar associations in Canada were influenced by the changes at Harvard, and were sometimes quicker to nationally implement the changes proposed in the United States, such as requiring previous college education before studying law. This has proven true in the context of the various forms of the J.D. which have been implemented around the world.
Until about 1997 the J.D. was unique to law schools in the U.S. But with the rise in international success of law firms from the United States, and the rise in students from outside the U.S. attending U.S. law schools, attorneys with the J.D. have become increasingly common internationally. Therefore the prestige of the J.D. has also risen, and many universities outside of the U.S. have started to offer the J.D., often for the express purpose of raising the prestige of their law school and graduates. ! Jurisdiction !! Scholarly Content Required? !! Duration in Years !! Different curriculum from LL.B. in Jurisdiction? !! Sufficient Education for License? |- ! United States | No || 3 || Yes || Yes |- ! Australia | Yes || 3 || No || No |- ! Canada | No || 3 || No || No |- ! Hong Kong | Yes || 2–3 || No || No |- ! Japan | No || 3 || N/A || No |- ! Philippines | Yes || 4 || Yes || Yes |}
As stated by James Hall and Christopher Langdell, two people who were involved in the creation of the J.D., the J.D. is a professional degree like the M.D., intended to prepare practitioners through a of analysing and teaching the law through logic and adversarial analysis (such as the Casebook and Socratic methods). It has existed as described in the United States for over 100 years, and can therefore be termed the standard or traditional J.D. program. The J.D. program requires a bachelors degree for entry. The program of study for the degree has remained substantially unchanged since its creation, and is an intensive study of the substantive law and its professional applications (and therefore requires no thesis, although a lengthy writing project is sometimes required). As a professional training, it provides sufficient training for entry into practice (no apprenticeship is necessary to sit for the bar exam). It requires at least three academic years of full time study. Strictly defined, the United States is the only jurisdiction with this form of a J.D., but the University of Tokyo (in Japan) and the University of Melbourne (in Australia) are attempting to follow this model closely.
An Australian Juris Doctor lasts two or three years full-time and the courses, though both J.D. and LL.B. cannot be licensed to practice until after completing an articled clerkship program or practical legal training course. University of Technology Sydney offers Practical Legal Training as part of their J.D. program enabling direct admission upon graduation. Bond University offers a J.D. program that has core requirements that are identical to the LL.B. However, Bond University J.D. students are also required to complete five masters level elective subjects, making the Bond University J.D. program resemble an integrated Bachelor's and Master's degree. Even more unusual is the "LL.M. (J.D.)" at Monash University, which is the same as the Bond University program, and that institution also states that their degree is not a professional doctorate.
Use of the "J.D." designation by Canadian law schools is not intended to indicate an emphasis on American law, but rather to distinguish Canadian law degrees from English law degrees, which do not require prior undergraduate study nor offer practical legal training. do not recognize Canadian Juris Doctor degrees automatically. This is equivalent to the manner in which United States J.D. graduates are treated in Canadian jurisdictions such as Ontario. To prepare graduates to practise in jurisdictions on both sides of the border, some pairs of law schools, such as the New York University (NYU) Law School and Osgoode Hall Law School, the University of Ottawa Law School and the Michigan State University Law School, and the University of Windsor Law School and the University of Detroit Mercy Law School, have developed joint American-Canadian J.D programs.
The degree was first conferred in the Philippines by the Ateneo de Manila Law School, which first developed the model program later adopted by most schools now offering the J.D.. After the Ateneo, schools such as the University of Batangas College of Law began offering the J.D., with schools such as the Far Eastern University Institute of Law offering a joint degree program leading to a J.D. and an MBA. In 2008, the University of the Philippines College of Law began conferring the J.D. on its graduates, the school choosing rename its LL.B. program into a J.D. because to accurately reflect the nature of education the university provides as "nomenclature does not accurately reflect the fact that the LL.B. is a professional as well as a post baccalaureate degree." In 2009, the Pamantasan ng Lungsod ng Maynila (PLM) and the Silliman University College of Law also shifted their respective LL.B Programs to Juris Doctor -applying the change to incoming freshmen students for School Year 2009–2010. The newly established De La Salle University College of Law will likewise offer the J.D., although it will offer the program using a trimestral calendar, unlike the model curriculum that uses a semestral calendar.
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He also plays as centre-back for non-league Woodbridge Town and Ipswich Town Reserves.
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Name | Florentino V. Floro, Jr. |
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Caption | Florentino V. Floro, Jr. |
Birth date | November 05, 1953 |
Birth place | Manila |
Known for | Self-proclaimed psychic, former judge dismissed for mental illness |
Nationality | Filipino |
Florentino V. Floro, Jr. (born November 5, 1953 in Manila) is a former Filipino judge who achieved notoriety after being suspended from the Philippine judiciary in 2006 due to mental illness. Floro made several statements that he was psychic and claimed to frequently communicate with invisible duendes, a type of dwarf common in Latin American mythology.
On February 3, 2010, Floro filed his own nomination for the post of Supreme Court chief justice, which is scheduled to be vacated by incumbent Reynato Puno upon his retirement on May 17. However, the high tribunal excluded him from the list of nominees on February 8, citing his earlier disbarment order.
In June, 2004, Floro filed an intervention petition, in the certiorari lawsuit filed by the opposition Koalisyon ng Nagkakaisang Pilipino (KNP) Davao City Rep. Ruy Elias Lopez, to stop a joint session of Congress from canvassing the votes for president and vice president. Floro asked the Court to declare a failure of elections and order the COMELEC to conduct special presidential elections. Floro also asked the Supreme Court to declare Noli de Castro as acting President, as Solomonic solution to the political crisis.
In January, 2007, the Supreme Court of the Philippines dismissed with finality the August 30, 2006 Disbarment administrative lawsuit filed by Floro against Chief Justice Hilario Davide, Jr., Justice Bernardo P. Pardo, Alfredo Benipayo and 6 others.
In late April, 2007, Floro filed a disbarment complaint grounded on charges of gross misconduct, ignorance of the law, manifest undue interest, questionable temporary restraining orders and violations of the ethical standards and code of conduct by the Philippine Court of Appeals Associate Justices, "CA ‘Dirty Dozen". Floro named one justice specifically as part of a "dirty dozen", twelve judges currently under investigation for corruption by the court's Ombudsman.
For non-payment of docket fees, the High Court, on June 5, 2007, dismissed Floro's intervention petition dated May 30, 2007, and his supplement dated June 1, 2007, in the Gregory S. Ong citizenship case, filed by former Senate President Jovito Salonga.
On, August 1, 2008, Floro filed a taxpayer lawsuit against some Court of Appeals Justices and lawyers in the GSIS-Meralco bribery case.
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McDonald was born on 11 January 1961 in Seymour, Victoria, a small Australian town. As a result of a birth injury she developed severe athetoid cerebral palsy. She was diagnosed as having severe intellectual disability and at the age of three was placed by her parents in St. Nicholas Hospital, Melbourne, a Health Commission (government) institution for people classified with severe disability, and lived there without education or therapy for eleven years. During her time in the hosiptal she was neglected and starved and at age 16 she weighed only 12 kilograms. Despite her ill-treatment, McDonald considered herself "a lucky one", who escaped through a stroke of good fortune. By her own reckoning, 163 of her friends died in the institution while she was there.
In 1977, when McDonald was 16, Rosemary Crossley was able to establish communication with her through a method known as facilitated communication training. Once McDonald was able to make her wishes known she sought her discharge from St. Nicholas. Her parents and the hospital authorities denied her request on the grounds that the reality of her communication had not been established. In 1979, when McDonald turned eighteen, she commenced a habeas corpus action in the Supreme Court of Victoria against the Health Commission in order to win the right to leave the institution. The court accepted that Anne McDonald’s communication was her own and allowed her to leave the hospital and live with Rosemary Crossley. More Supreme Court proceedings and further tests were required to win the right to manage her own financial affairs.
McDonald wrote her story in Annie’s Coming Out, a book she co-authored with Rosemary Crossley in 1980 (the film Annie's Coming Out based on the book won several Australian Film Institute awards and was released in the U.S. under the title 'Test of Love'). The book has been translated into German and recorded on tape. It won the inaugural Allen Lane Award for the best book of the year dealing with disability.
After leaving the institution McDonald got her Higher School Certificate (University entrance) qualification at night school and went on to take a humanities degree at Deakin University, completed in 1993. She has written a number of articles and papers on disability, has spoken at a number of conferences, and has been active in the disability rights movement, with special emphasis on the right to communicate.
On the night of the 3rd December 2008 McDonald received the Personal Achievement Award in the Australian 2008 National Disability Awards at the Australian Federal Parliament House as part of that years International Day of Persons with Disabilities.
McDonald died of a heart attack on 22 October 2010.
This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.