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Welcome everyone. We're going to get started. I'm David Schizer, the Dean of Columbia Law School. I'm here to moderate the panel, and our panel's title is, of course, "Is Overlawyering Overtaking Democracy?" Now, as the moderator I get to ask questions, and I'm going to start with a question of the audience. My question is, aside from me, how many people here have seen Jerry Seinfeld's new animated movie, Bee Movie? I've a six-year-old daughter, which explains why I did – okay, a couple of people. For the rest of the audience's benefit, I should tell you the premise of the movie is that a bee – Jerry Seinfeld – a bee brings a lawsuit against the humans to keep them from taking the honey. Quite amusingly, there are some unintended and very bad consequences of this lawsuit. But there's a line in the movie that I wanted to share with you because the bee has a co-counsel, and the co-counsel is a mosquito. And the mosquito in asserting that he is in fact a lawyer says, "Well, I already was a bloodsucking parasite, and all I needed was this briefcase." So, this taps into that popular perception that our profession does some harm, as well as some good. And the truth, as I'm sure we can all agree, about the good: Lawyers are obviously essential, will work for liberty. We also are important in ensuring economic growth. We police the separation of powers, enforce contracts.

353Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — RegulationsRelationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by TreatyTreaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Whether subject to constitutional review by municipal courtsInternational organizations — Legal status — Powers — Regulations enacted by Council and Commission — Whether subject to constitutional review by municipal courts of Member States — The law of the Federal Republic of Germany

Work of a catholic religious instruction teacher in public schools is regulated by Polish law and canon law. The paper presents a discussion about the legal and canonical liability of personal interests and presents an application of the norms in practice by discussing and analysing two cases regarding personal interests. The main conclusion of the paper is that the matter of personal interests in the religious instruction context is a complicated problem. The knowledge of the regulations is of essence not only not only for the reason that the teacher in question could properly fulfil his/her professional duty, but also to avoid situations that can be connected with civil and canonical liability.

AbstractThe proponents of international courts (ICs) expect that creating formal legal institutions will help to increase respect for international law. International relations scholars question such claims, since ICs have no tools to compel state compliance. Such views are premised on the notion that states have unique preferences that ICs must satisfy in order to be effective. The tipping point argument is premised on the notion that within each state are actors with numerous conflicting preferences. ICs can act as tipping point actors, building and giving resources to compliance constituencies—coalitions of actors within and outside of states—that favour policies that happen to also be congruent with international law.

УПК РФ существенно расширил права адвоката-защитника в доказывании на стадии предварительного расследования. Однако в практической деятельности защитники не в полной мере реализуют права, предоставленные законом, что влияет на эффективность их участия в уголовном процессе. Причины низкой активности защитников многогранны и требуют комплексного разрешения. Статья посвящена анализу этих причин и поиску путей повышения эффективности участия адвоката-защитника в уголовном судопроизводстве. ; According to the Russian law the counsel for the accused (for the suspect) can participate in the criminal case at the early stages of proceedings and is vested with broad rights. The Code of Criminal Procedure of the Russian Federation treats counsel for the defense among the subjects of evidence collection (Part 3 of Article 86 of the Code of Criminal Procedure) and gives them the opportunity to perform cognitive activity (to interview people with their consent, to involve experts). However, despite the significant changes in the legislation, the situation in practice has hardly changed. The pre-trial proceedings in fact has not become adversarial, and the participation of the defense counsel in criminal proceedings is ineffective, according to the statistics of acquittals. The reasons for the low activity of defense counsels are multifaceted, which requires a comprehensive solution. One of the reasons for the low activity of the defense during the preliminary investigation is the imperfect legislation, particularly the declarative nature of the rights granted to the defense. In recent decades there has been a tendency to expand the rights of the accused (suspect) and the defense counsel; however the new law is not implemented in practice. There are two major problems associated with the implementation of the rights of the defense counsel to gather evidence. The first problem is the difficulty in obtaining information necessary to defend the accused. The second problem concerns transformation of the information obtained by the counsel into the evidence. Another reason for not using the rights granted to the counsel for the defense at the stage of preliminary investigation is of an economic nature. In Russia, the large proportion of criminal cases in which defenders are involved as intended. Meanwhile, the current legislation does not provide for the payment for such important actions of the defense counsel as the compilation of petitions, complaints and other legal documents, etc. Such rights of the defense counsel as the involvement of experts, photocopying materials of the criminal case are not available for poor defendants. The third reason that affects the efficient participation of the defense counsel in criminal proceedings is the lack of training on the part of defense counsels. Over the last decade the criminal proceedings has been radically reformed. It is obvious that the lawyers, prosecutors, investigators turned to be not ready for the adversarial principle in the criminal process. The appropriate skills of debate, argumentation and conflict resolution are to be fostered at the university. It seems that only a comprehensive resolution of the above stated issues can help revitalize the defense counsels and increase the effectiveness of their participation in criminal proceedings. Otherwise, the adversarial principle, the right for the defense and the principle of equality before the law and courts will remain declarative.

It has been defined the specific scientific definition of lustration, as political practices in the countries of postcomunìsm. In particular, two approaches in its interpretation are outlined: the traditional – removing individuals from participating in political life or legal punishment for actions during the previous regime, retroactive – disclosure of information about certain actions, and the persons that were recognized as criminals, punishment in this case carried primarily a moral character.It has been outlined the five factors that determine the success of the lustration practices: the moral authority and the political will of the new Government; support the idea of cleansing, upgrading power structures in society; the presence of the legislative framework that carries the standards of international law, which is based on the world experience; saving archives (documents), based on which one can set the criminal actions of the authorities; the existence of personnel, capable and worthy to carry out the lustration law. It has been defined that in Poland and the Czech Republic the identified factors have had a different weight, but the common features to both countries were: the process of "wildlife lustration", as well as the avoidance of the lustration procedures of significant part of the past regime collaborators.It has been determined the specifics of lustration in Poland and Czech Republic in the period of postcomunìsm. In particular, in Poland lustration started much later than the systemic transformation, the present process is not completed (not in the legal field, or in the practical implementation). It has been taken place the retrospective type – which is aimed, mainly, on the restoration of historical justice. In the Czech Republic, on the contrary, the lustration started simultaneously with the transformation changes, aimed to protect, first of all, the new State from abuse authoritarian last (a promising type). The Czech Republic is one of the few countries of postcomunìsm where this practice had the completed character in the legal aspect.It is emphasized that these different types of lustration in Poland and the Czech Republic were caused by different types of transformation. In Poland reformist and compromise nature of systemic changes actually made the conduct of lustration fast and efficient. In the Czech Republic revolutionary transformation, on contrary, have caused rapid adoption of laws on lustration law: under the pressure of society's new elite were forced unpopular changes which were contrary to the persuasion and personal prejudice. ; It has been defined the specific scientific definition of lustration, as political practices in the countries of postcomunìsm. In particular, two approaches in its interpretation are outlined: the traditional – removing individuals from participating in political life or legal punishment for actions during the previous regime, retroactive – disclosure of information about certain actions, and the persons that were recognized as criminals, punishment in this case carried primarily a moral character.It has been outlined the five factors that determine the success of the lustration practices: the moral authority and the political will of the new Government; support the idea of cleansing, upgrading power structures in society; the presence of the legislative framework that carries the standards of international law, which is based on the world experience; saving archives (documents), based on which one can set the criminal actions of the authorities; the existence of personnel, capable and worthy to carry out the lustration law. It has been defined that in Poland and the Czech Republic the identified factors have had a different weight, but the common features to both countries were: the process of "wildlife lustration", as well as the avoidance of the lustration procedures of significant part of the past regime collaborators.It has been determined the specifics of lustration in Poland and Czech Republic in the period of postcomunìsm. In particular, in Poland lustration started much later than the systemic transformation, the present process is not completed (not in the legal field, or in the practical implementation). It has been taken place the retrospective type – which is aimed, mainly, on the restoration of historical justice. In the Czech Republic, on the contrary, the lustration started simultaneously with the transformation changes, aimed to protect, first of all, the new State from abuse authoritarian last (a promising type). The Czech Republic is one of the few countries of postcomunìsm where this practice had the completed character in the legal aspect.It is emphasized that these different types of lustration in Poland and the Czech Republic were caused by different types of transformation. In Poland reformist and compromise nature of systemic changes actually made the conduct of lustration fast and efficient. In the Czech Republic revolutionary transformation, on contrary, have caused rapid adoption of laws on lustration law: under the pressure of society's new elite were forced unpopular changes which were contrary to the persuasion and personal prejudice.

It has been defined the specific scientific definition of lustration, as political practices in the countries of postcomunìsm. In particular, two approaches in its interpretation are outlined: the traditional – removing individuals from participating in political life or legal punishment for actions during the previous regime, retroactive – disclosure of information about certain actions, and the persons that were recognized as criminals, punishment in this case carried primarily a moral character.It has been outlined the five factors that determine the success of the lustration practices: the moral authority and the political will of the new Government; support the idea of cleansing, upgrading power structures in society; the presence of the legislative framework that carries the standards of international law, which is based on the world experience; saving archives (documents), based on which one can set the criminal actions of the authorities; the existence of personnel, capable and worthy to carry out the lustration law. It has been defined that in Poland and the Czech Republic the identified factors have had a different weight, but the common features to both countries were: the process of "wildlife lustration", as well as the avoidance of the lustration procedures of significant part of the past regime collaborators.It has been determined the specifics of lustration in Poland and Czech Republic in the period of postcomunìsm. In particular, in Poland lustration started much later than the systemic transformation, the present process is not completed (not in the legal field, or in the practical implementation). It has been taken place the retrospective type – which is aimed, mainly, on the restoration of historical justice. In the Czech Republic, on the contrary, the lustration started simultaneously with the transformation changes, aimed to protect, first of all, the new State from abuse authoritarian last (a promising type). The Czech Republic is one of the few countries of postcomunìsm where this practice had the completed character in the legal aspect.It is emphasized that these different types of lustration in Poland and the Czech Republic were caused by different types of transformation. In Poland reformist and compromise nature of systemic changes actually made the conduct of lustration fast and efficient. In the Czech Republic revolutionary transformation, on contrary, have caused rapid adoption of laws on lustration law: under the pressure of society's new elite were forced unpopular changes which were contrary to the persuasion and personal prejudice. ; It has been defined the specific scientific definition of lustration, as political practices in the countries of postcomunìsm. In particular, two approaches in its interpretation are outlined: the traditional – removing individuals from participating in political life or legal punishment for actions during the previous regime, retroactive – disclosure of information about certain actions, and the persons that were recognized as criminals, punishment in this case carried primarily a moral character.It has been outlined the five factors that determine the success of the lustration practices: the moral authority and the political will of the new Government; support the idea of cleansing, upgrading power structures in society; the presence of the legislative framework that carries the standards of international law, which is based on the world experience; saving archives (documents), based on which one can set the criminal actions of the authorities; the existence of personnel, capable and worthy to carry out the lustration law. It has been defined that in Poland and the Czech Republic the identified factors have had a different weight, but the common features to both countries were: the process of "wildlife lustration", as well as the avoidance of the lustration procedures of significant part of the past regime collaborators.It has been determined the specifics of lustration in Poland and Czech Republic in the period of postcomunìsm. In particular, in Poland lustration started much later than the systemic transformation, the present process is not completed (not in the legal field, or in the practical implementation). It has been taken place the retrospective type – which is aimed, mainly, on the restoration of historical justice. In the Czech Republic, on the contrary, the lustration started simultaneously with the transformation changes, aimed to protect, first of all, the new State from abuse authoritarian last (a promising type). The Czech Republic is one of the few countries of postcomunìsm where this practice had the completed character in the legal aspect.It is emphasized that these different types of lustration in Poland and the Czech Republic were caused by different types of transformation. In Poland reformist and compromise nature of systemic changes actually made the conduct of lustration fast and efficient. In the Czech Republic revolutionary transformation, on contrary, have caused rapid adoption of laws on lustration law: under the pressure of society's new elite were forced unpopular changes which were contrary to the persuasion and personal prejudice.