South Texas College of Law Annotations (Houston, Tex.), Vol. 41, No. 2, Ed. 1, December, 2008 Page: 3 of 8
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ANNOTATIONS
Page 3
which the U.S. government provides
its assistance is USAID. According
to its website, the mission of USAID
is to "assist government bodies,
nongovernmental organizations,
and civil society leaders to
strengthen institutional reforms,
reduce corruption, and improve
transparency, accountability, and
performance of government offices."
In 2006 alone, USAID contributed
$33.7 million in assistance to Albania
to further programs for legal reform.
For example, the "Memorandum of
Understanding" with the Albanian
capital city of Tirana's Court of
Appeals provides a framework
to build accountability through
"such measures as audio records of
court hearings, computerized case
management, the publication of
decisions, and strategic community
outreach initiatives."
The U.S. Embassy in Albania
is located in Tirana and supports
Americans .in Albania and provides
information and support to numerous
non-governmental organizations
(NGO's) committed to reform in
Albania. To promote understanding
of the U.S., the Embassy has opened
what they call "American Corners"
in such places as the National Library
in Tirana. Albanians and Americans
alike may go to these corners or
the Embassy itself to interact with
representatives of the U.S. and learn
more about U.S. history and culture,
democracy, and human rights. The
Embassy also acts as local support
to the U.S. government-funded
Fulbright scholars and fellows
that enter the country each year
to contribute their knowledge and
education to the effort of legal and
social reform.
The U.S has also actively
participated in encouraging
legitimacy of the election process
in Albania, by assisting in the
development of election laws
and procedures. It has worked to
provide training and guidance in
the administration of fair elections,
while also providing intense training
of judges and prosecutors in holding
criminals accountable. The goal
is to bring the legal and social
landscape in Albania up to par with
international standards. And it must
be working, because in April 2008,
NATO extended its invitation to
Albania for accession talks, followed
by NATO Allies "signing accession
protocols with Albania" in July.
Eventually, the hope is that Albania
can be successfully integrated into
the European Union. It appears the
U.S. will be at its side all of the way
there. #
Ooh, whateha UJ. ......
got there? Whaf s rt l.ke? . Abo, it burns.
I Dry ice cream. \ Suspenseful!
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11 >111 1 cyanide and Happiness 0 Explosrn.net' Mil I t
ONI V
DRC Visits STCL's Newest Crop of Certified Mediators
By Paulina Harris
Staff Writer
Students in Dean Alfini's Mediation Theory and Practice class were
recently treated to a special visit from the Dispute Resolution Center of
Harris County. Nick Hall of the DRC spoke with enthusiasm of the center's
history and explained the center's various community-based mediation
programs. As the field of Alternative Dispute Resolution (ADR) and
mediation, in particular, grow in popularity among both courts and attorneys
alike, law students may find that developing mediation skills will add to
their competency as future attorneys. According to Mr. Hall, the DRC can
help.
In order to become a certified mediator in Texas, one must complete
an approved 40 hour training course. There are a number of organizations,
including the DRC, which offer courses that meet the certification
requirements. Additionally, the DRC can help guide those certified mediators
looking for advanced training. STCL students have the opportunity to receive
an added benefit of receiving credit towards graduation, by taking the training
through the school's Mediation Theory and Practice Course. In the past few
years, the school has offered this course during the long semesters as well
as during the inter-sessions. However, this course is not to be cdnfused with
the school's 2-hour mediation class, which, while an excellent course, does
not culminate in certification. ... ,2
The DRC is a non-profit organization, established in 1980. Over
the years, it has grown from resolving simple disputes between neighbors
fighting over trash cans to taking-on many of the court-referred mediations
here in Harris County. The center operates 7 programs out of its offices
next to the Buffalo Bayou downtown. These are the Community Based
Mediation Program, Family Mediation Program, Juvenile Mediation
Program, Litigation Program, Special Education Program, Victim Offender
Mediation Program, Child Protection Mediation Program, and the Mediation
Training Program.
Students who possess a mediation certificate are eligible to mediate
in the Community Based Program. This program includes Justice of the
Peace court mediations, which usually take place on Tüesdays. According
to Mr. Hall, each mediation in this program takes anywhere from one hour
for JP court mediations to three hours for community mediations between
citizens. With additional advanced trainings, law student mediators may be
eligible to mediate in other programs like the Special Education or Juvenile
Mediation Programs. Once a mediator has graduated from law school, in
possession of a J.D. degree, and completed an advanced training, he or she
is eligible to mediate Family and Child Protection Mediations. For those
interested in mediating in the Litigation Program, however, it requires that
one be licensed and in good standing with the State Bar of Texas for at least
five years.
Mr. Hall explained that a mediator's skills improve through practice
and observation, but that the DRC tries not to emphasize "success rate"
or the number of mediations leading to settlement in relation to the total
number of mediations. Pressed for a more definite stance on the topic by
one student, Mr. Hall stated that, should a mediator's success rate fall below
about 40%, he would want to work with the mediator to improve his or her
skills through mentoring, shadowing, or advanced training. On the other
hand, he explained how a success rate of over 90% might concern him as
well.
Asked by several students various questions concerning getting
gotop.7
you can PREVENT
forest fires
The Tree thai Owns Itself
By Yolanda Bevill
Staff Writer
Can a tree actually own
itself? Some folks in Athens, Georgia
(USA) seem to think so. Legend
has it that University of Georgia
professor William Jackson held a
great affection for the tree he used
to climb as a child. His affection for
the large white oak tree prompted
Jackson to deed to the tree the land
on which it grew. Doing so, he
believed would save the tree from
being destroyed.
Although the original deed
is thought to have either been lost or
destroyed in the early 1800's, an un-
attributed article appeared within the
August 1890 edition of the Athens
Weekly Banner, and recounts the
will as follows:
"I, W. H. Jackson, of the
county of Clarke, of the one part,
and the oak tree... of the county of
Clarke, of the other part: WUnesseth,
That the said W. H. Jackson for and
in consideration of the great affection
which he bears said tree, and his
great desire to see it protected has
conveyed, and by these presents do
convey unto the said oak tree entire
possession of itself and of all land
within eight feet of it on all sides."
The will, as written,
effectively would have passed
ownership of the tree to the tree
upon the passing of W.H. Jackson.
But, while this legend has endured,
arguably making the big white oak
the most famous tree in the world, is
a tree owning itself legally possible?
According to Jeff Rensberger,
STCL professor at law and vice
president of Strategic Planning, "The
tree does not own itself, because
inanimate objects lack legal capacity.
The deed is invalid; the property on
which the tree sits would have passed
to the heirs of the grantor."
Not only does the tree lack
legal capacity, Rensbeiger also
explains that another legal issue
exists. "Suppose I deed a 30x30 foot
plot of ground surrounding a oak tree
to the oak tree "for its life, then to the
heirs of Able." This violates the rule
against perpetuities! We won't know
who gets the property as an heir of
able until the oak tree dies, which
may be more than 21 years after
some (human) life in existence when
the interest was created."
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Poronsky, Bradley L. South Texas College of Law Annotations (Houston, Tex.), Vol. 41, No. 2, Ed. 1, December, 2008, newspaper, December 2008; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth144586/m1/3/: accessed May 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting South Texas College of Law.