1. English for Lawyers 2 Lecturer: Miljen Matijašević Session 7
Session 7

2. Today’s session Revision of the last session
Case Method of Law Teaching
Case studies

3. Revision of the last session
The American Presidency

4. Revision of the last session
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?

5. The Case Method of Law Teaching
Unit 18

6. Case Method of Law Teaching
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

7. Case Method of Law Teaching
The method used previously was doctrine- based
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

8. Case Method of Law Teaching
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

9. Case Method of Law Teaching
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

10. Case Method of Law Teaching
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

11. Case Method of Law Teaching
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?

12. Eweida v British Airways PLC [2008]
Case study
EMPLOYMENT LAW

13. Discrimination and Harrassment
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".

14. Eweida v British Airways Plc FACTS
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.

15. Eweida v British Airways Plc
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?

16. Eweida v British Airways Plc DECISION
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.

17. Eweida v British Airways Plc DECISION
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

18. Article 9 of the ECHR Freedom of thought, conscience and religion
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.

19. Eweida v the United Kingdom DECISION
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”.’

20. Thank you for your attention!