ROZHODČÍ SOUD

ČESKÉ REPUBLIKY

ars aequi et boni

ACCR EDU

Rozhodčí soud České republiky prezentuje v rámci vzdělávání rozhodců a rozhodčích čekatelů prestižní světové právnické fakulty

Yale

Právnická fakulta na Yale (Yale Law School)

Univerzita v Yale předastavuje svoji webovou przentaci na http://www.yale.edu/.

Právnická fakulta na Yale je vedle harvardu jednou z nejznámějích právnických fakult na světě a kromě jiných právních oblastí se intenzivně věnuje rovněž problematice rozhodčího řízení a arbitrážního práva vůbec. Pro zájemce z řad arbitrů, ale I jiných právních profesí (soudců, advokátů apod.) ji přibližuje následující text v anglickém jazyce. Více informací nejen o arbitrážním právu, ale o studiu na této prestižní univerzitě najdete přímo na webových stránkách Právnické fakulty na Yalské univerzitě na adrese http://www.law.yale.edu/outside/ html/home/index.htm. V rámci studia práv na Yale lze získat akademický titul Juris Doctor (J.D.). Více informací dále.

Academic Requirements and Options

Requirements for the Degree of Juris Doctor (J.D.)

To qualify for the J.D. degree, students must at all times meet the conditions to continue as a degree candidate, must complete a total of 82 units of satisfactory work, must satisfy the writing requirements, must spend at least six full terms or the equivalent thereof in residence, and must be recommended for the degree by the faculty. Failure to attend scheduled classes without good cause, such as illness, constitutes adequate grounds for dismissal from the Law School. A maximum of 10 of the 82 units required for graduation may be approved for independent research and reading. No degree will be awarded with incomplete work remaining on a student’s record.

First Term

Each student must take courses in Constitutional Law, Contracts, Procedure, and Torts. In one of these subjects, the student is assigned to a small group. This seminar-style course, with about sixteen students, integrates elementary training in legal research and writing with the regular course work. All first-term courses are graded on a credit/fail basis.

Curriculum after the First Term

After the first term, students must satisfactorily complete at least 66 units of credit. Students are free to select their own curriculum, but by graduation they must complete (1) Criminal Law and Administration, (2) a course of at least two units “substantially devoted” to issues of legal ethics or professional responsibility, and (3) the writing requirements described below. Courses that meet the legal ethics/professional responsibility requirement are marked with an asterisk. A student must enroll in no fewer than 12 and no more than 16 units of credit in any term unless approval is given by the associate dean in charge of student affairs and by the registrar.

Conditions for Continuing as a J.D. Candidate

J.D. students who receive a Failure in any course or individual work may, with permission of the instructor, repeat the same for credit and must repeat and pass the same if it is a required course. Students will be disqualified as J.D. candidates and will not be allowed to continue in the School if they receive (a) two Failures in any one term, (b) a total of three Failures, (c) Low Pass or Failure in four or more courses or individual work programs by the end of the third term, (d) Low Pass or Failure in five or more courses by the end of the fourth term, (e) Low Pass or Failure in six or more courses by the end of the fifth term, or (f ) Low Pass or Failure in a total of seven or more courses or individual work. A student who has been disqualified as a J.D. candidate for not maintaining satisfactory grades will not be readmitted without a vote of the faculty.

At the end of a student’s first or second term, the associate dean in charge of student affairs will consult with any student who appears to be doing marginal work. The dean will discuss with the student the advisability of continuing in the Law School.

Limitations on Credit/Fail Units

A faculty member may offer a course or program of individual work on a credit/fail basis if the work is of such character that the faculty member believes it is not feasible to give individual grades. A faculty member may offer any course or program of individual work on a credit/fail basis for some or all of the students participating. If a student is given a credit/fail option, the student must exercise the option within the first two weeks of the term. Credit/fail work will not be accepted toward fulfillment of the Supervised Analytic Writing requirement, but papers written to meet the Substantial Paper requirement may be graded on a credit/fail basis.

After the first term, a student must take at least 51 units of graded work. At least 9 of these units must be taken in the second term of law school. No more than a total of 5 units of ungraded credit in student-directed programs may be counted toward the degree.

Writing Requirements

For graduation, the faculty requires that each student undertake 3 units of Supervised Analytic Writing and prepare a Substantial Paper of at least 2 units. Prior to beginning work on a Supervised Analytic Writing paper or Substantial Paper, a student should secure the approval of the supervising faculty member. At least one of these writing requirements must be satisfied before a student can register for a fifth term at the Law School. Specifically, the Law School requires that the professor supervising one of those writing projects must certify the student’s completion of the project before the student can register for her or his fifth term (see page 97); the faculty certification must include a grade for the paper.

A Supervised Analytic Writing paper for 3 units involves work that is closely supervised by a Law School faculty member and is designed to increase the student’s proficiency in legal research, analytic reasoning, and writing in a single field of concentration; the paper may not be purely descriptive in character. Supervised Analytic Writing papers may not be submitted on a credit/fail basis.

A Substantial Paper for 2 units of credit, although not necessarily meeting the criteria for a Supervised Analytic Writing paper, must be a significant written project. Professors may accept Substantial Papers on either a graded or credit/ fail basis.

Supervised Analytic Writing papers or Substantial Papers may be prepared in connection with (1) seminars or courses, (2) independent research and writing under faculty supervision, (3) the Intensive Semester Research Program or (4) a program of research and writing, conducted under the joint supervision of two faculty members and spread over two terms, which is related to a course or seminar offered by one or both of the faculty members. Work done in courses outside the Law School will not be accepted in satisfaction of the writing requirements.

Options Within the Course of Study for the Degree of Juris Doctor (J.D.)

Research and Writing Opportunities

The Law School offers a number of opportunities for students to engage in research and writing under faculty supervision:
1. Research and writing in the first-term small group.
2. Research and writing in a clinical program.
3. Research and writing in connection with seminars or courses.
4. Independent research and writing under faculty supervision.
5. Research and writing in connection with the Intensive Semester Research Program.
6. A program of research and writing, conducted under the joint supervision of two faculty members and spread over two terms, which is related to a course or seminar offered by one or both of the faculty members.

A list of faculty members able to supervise papers in a given term, their areas of interest, and other pertinent information is available at the registrar’s ofice. The faculty encourages students to publish their written work in law journals and other periodicals and to make this work available to other scholars as reference material. A number of prizes are awarded for outstanding scholarly writing.