Download Case Method of Law Teaching

Lecturer: Miljen Matijašević
e-mail: [email protected]
Session 7
1.
Revision of the last session
2.
Case Method of Law Teaching
3.
Case studies
The American Presidency
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7.
Name some appointments made by the
President.
What are his diplomatic and judicial powers?
What is the State of the Union address?
What are the duties of the VP?
What is the Electoral College?
What is decided in the popular vote?
Which vote is the final vote?
Unit 18
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Developed at the Harvard Law School in late
19th century by Dean Christopher C. Langdell
Harvard Law School – the oldest US law school
still operating, est. in 1817
Considered the best law school in the US right
after Yale Law School
Highly selective admission – only about 10% of
applicants get admitted every year
Among HLS graduates are President Barrack
Obama and Chief Justice John G. Roberts
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The method used previously was doctrinebased
Involved analysis of the abstract principles of
law
Langdell thought it would be more useful for
students to focus on legal opinions
He developed the case method, which
consisted of analyses of real-life court cases
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He thought this was the most suitable way to
study American law, as it was a common law
system
He collected paradigmatic cases from judicial
practice into a textbook, called a casebook
This method continued to be developed by
other professors
Cases taken from law reports
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Some would narrow down the cases to the basic
facts, while others would use the original law
reports
The focus was on the judicial opinion, but the
point was to find connections between the
abstract doctrines and the actual facts of the case
and the points of law
The point was to see how law is interpreted and
administered in practice
Students invited to criticise the courts’
reasonings and decisions
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What proved especially valuable was
comparing how similar problems were
interpreted and handled differently within
different state legislations
This way the student may not gain
comprehensive knowledge of the doctrine in
a certain area of law, but learns about the
ways legal problems arise and are solved in
practice
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What, in your opinion, are the benefits and
drawbacks of the case method?
Do you think it is a valuable method of
teaching law in a civil law country?
Law teaching in eastern Europe is generally
more academic, while in western Europe it
has a more down-to-earth, practical
approach. What is your opinion on the two
approaches?
Case study
EMPLOYMENT LAW
Direct Discrimination occurs when someone is treated less favourably
than another person because of a protected characteristic they have or
are thought to have (perceptive discrimination), or because they
associate with someone who has a protected characteristic (associative
discrimination).
Indirect Discrimination can occur when you have a condition, rule,
policy or even a practice in your organisation that applies to everyone
but particularly disadvantages people who share a protected
characteristic.
Harassment is "unwanted conduct related to a relevant protected
characteristic, which has the purpose or effect of violating an
individual's dignity or creating intimidating, hostile, degrading,
humiliating or offensive environment for that individual".
Nadia Eweida from Twickenham near London is employed
as a member of check-in staff with British Airways (BA).
She is a practicing Coptic Christian and likes to display her
religious affiliation by wearing a small silver cross on a
necklace. From 20 May to 20 September 2006 she
attended work wearing the cross and refused to conceal it
even though BA’s uniform policy specifically prohibited the
wearing of visible items of jewellery to its check-in staff.
The dress code did not make an exception for items
displaying a symbol of faith. Eweida was not dismissed,
but on 20 September she was sent home and remained on
unpaid leave until February 2007, when a new uniformy
policy entered into force, allowing the wearing of a faith or
charity symbol.
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Eweida brought a number of claims against BA,
including claims under the Employment Equality
(Religion or Belief) Regulations 2003 of direct and
indirect discrimination and harassment.
Do you think she should win the case?
Ms. Eweida’s claims were dismissed. It was not established
that Ms. Eweida was treated less favourably than other
employees on the grounds of her religion. All employees
regardless of their religious affiliation, if any, were
expected to abide by the same rules. As concerns her
claims of indirect discrimination, the tribunal held that the
rule did not put Christians at a particular disadvantage in
comparison to others. No proof was submitted of any
unreasonable and unwanted conduct by BA which would
substantiate the claim of harassment. All the defendant
company did was enforce its uniform policy, which was not
found by the tribunal to be discriminatory.
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Eweida appealed with two appellate instances in
the UK
her appeal was dismissed by both courts
(Employment Appeals Tribunal, Court of Appeal)
she filed an application with the European Court of
Human Rights against the UK
she claimed a violation of Article 9 of the European
Convention of Human Rights
Freedom of thought, conscience and religion
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Everyone has the right to freedom of thought,
conscience and religion; this right includes freedom to
change his religion or belief and freedom, either alone
or in community with others and in public or private,
to manifest his religion or belief, in worship, teaching,
practice and observance.
Freedom to manifest one’s religion or beliefs shall be
subject only to such limitations as are prescribed by
law and are necessary in a democratic society in the
interests of public safety, for the protection of public
order, health or morals, or for the protection of the
rights and freedoms of others.
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the Court found in favour of Eweida’s claim
violation of Article 9 was established
the Court said that ‘BA had not struck a fair
balance between Ms Eweida’s religious beliefs and
the company’s wish to “project a certain corporate
image”.’
Thank you for your attention!