Teaching Professional Skills and Values in India: Challenges and Roadmap for Future

2017 ◽  
Vol 4 (2) ◽  
pp. 116-126
Author(s):  
Anirban Chakraborty

Educating law students in fundamental professional skills and values has become an integral part of the modern legal education curriculum. ‘Clinical legal education’ (CLE) is the instructional method used for teaching professional skills and values. CLE aims to impart training of professional skills and values by engaging the students with legal aid activities and using that experience for the teaching–learning process. In the United States, credited for developing CLE, law faculties involve students to represent cases of indigent clients under their supervision and use that experience to teach legal skills and professional values. But with the global expansion of CLE, along with the US model (client representation clinic), many innovative alternative models have evolved, primarily due to local diversities. Therefore, in jurisdictions where ‘client representation clinic’ is not suitable due to local restrictions and resource constraints, new models such as ‘Street Law Clinic’, ‘Externship Clinic’ or ‘Law Reform Clinic’ have successfully evolved to be CLE model. Although regulatory bodies of Indian legal education have made CLE a mandatory part of the curriculum for over two decades, its implementation has been negligible and ineffective. Lack of proper training of faculties, absence of guidelines on CLE practice and procedure, financial constraints and legal restriction on faculties and their students to represent in courts are some of the reasons highlighted for the same. This article argues that legal education is inadequate and increases the gap with the legal profession, if professional skills and values are not imparted in a proper manner. In order to overcome the current inadequacy, effective integration of CLE is the call of the day. The article explores two alternative clinical teaching models namely ‘Street Law Clinic’ and ‘Law Reform Clinic’ and provides means to overcome the existing bottlenecks in implementation of CLE. It narrates the experiences of functioning of these clinics at West Bengal National University of Juridical Sciences (WBNUJS) and apprises how these models can be replicated for effective clinical teaching, suiting Indian conditions.

Author(s):  
Michelle E. Wormley ◽  
Wendy Romney ◽  
Anna E. Greer

Purpose: The purpose of this study was to develop a valid measure for assessing clinical teaching effectiveness within the field of physical therapy.Methods: The Clinical Teaching Effectiveness Questionnaire (CTEQ) was developed via a 4-stage process, including (1) initial content development, (2) content analysis with 8 clinical instructors with over 5 years of clinical teaching experience, (3) pilot testing with 205 clinical instructors from 2 universities in the Northeast of the United States, and (4) psychometric evaluation, including principal component analysis.Results: The scale development process resulted in a 30-item questionnaire with 4 sections that relate to clinical teaching: learning experiences, learning environment, communication, and evaluation.Conclusion: The CTEQ provides a preliminary valid measure for assessing clinical teaching effectiveness in physical therapy practice.


2014 ◽  
Vol 13 ◽  
pp. 56 ◽  
Author(s):  
Lawrence Donnelly

<p>This article details the incipient efforts of one Irish university law school, the National University of Ireland, Galway (NUI Galway), in the field of clinical legal education. While clinical legal education, which began in the United States some fifty years ago, has made significant advances throughout the rest of the common law world, it remains at a very early stage in Ireland.1 In fact, Irish efforts in the field to date more closely resemble what is known in the United States as the “externship model” of legal education, rather than what are commonly identified as law clinics in other jurisdictions.2 And for a variety of reasons that will be touched upon later in this article, the law school clinic is unlikely to develop here to the same extent it has elsewhere. As such, this article explores what Irish clinical legal education currently looks like and what it might look like in the future.</p><p>It begins with some background on and consideration of legal education in Ireland, then, using NUI Galway as a case study, details the emergence of skills teaching in the curriculum and the consequential increase in participation in moot court competitions and in student scholarly output. The article next examines the establishment, organisation and maintenance of a placement programme for final year law students. In so doing, it reflects on what has worked and what has not at NUI Galway from the perspectives of the clinical director, placement supervisors and students. The article concludes with some realistic, yet sanguine, observations as to what future clinical legal education has in Ireland.</p>


2015 ◽  
Vol 16 (4) ◽  
pp. 821-844
Author(s):  
Lawrence Donnelly

In this article, Lawrence Donnelly, an American born and trained attorney who is now a Lecturer & Director of Clinical Legal Education in the School of Law at the National University of Ireland, Galway, considers Professor Brian Tamanaha's seminalFailing Law Schools, a comprehensive critique of legal education in the United States. The article first thoroughly outlines and analyses the central lines of argument inFailing Law Schoolsand then evaluates the scholarship written in response to it. The article next compares and contrasts the state of play in legal education in the US with what is happening in Western Europe and posits that, for a variety of reasons, law schools on the eastern side of the Atlantic Ocean may actually be better – and more realistically – placed at present than their US counterparts. Lastly, the article urges that legal educators around the world continue an open dialogue on the “crisis” Professor Tamanaha presciently identifies in a concerted effort to ensure that law students receive the best possible training to equip them for working in legal careers that may not closely resemble those pursued by their predecessors in light of rapid globalization, ever-improving technology and consequent changes to how legal services are provided.


2017 ◽  
Author(s):  
Sital Kalantry

Clinical legal education emerged in the United States in the 1960s to givevaluable skill-based instructions to law students while providing legal servicesto people who could not otherwise afford them. This essay proposesanother reason why both Indian and American law schools should supportthe development of law clinics. Drawing on the works of John Dewey andMartha Nussbaum, I argue that clinical legal education promotes democracy.Both elite American and Indian universities are largely unrepresentativeof the respective population demographics of their countries. In clinics,law students bridge this divide by undertaking representation for peoplefrom different racial, caste, and income backgrounds than themselves.These exchanges generate empathy and knowledge among students aboutthe challenges marginalized groups in the society.face. Consequently, theylearn to recognize other citizens as equals and to formulate policies thatwill enhance the welfare of society(y as a whole. There is an urgent needto formalize clinical legal education programs in Indian law schools bothfor purposes of enhancing the democracy as well as providing skill-basedtraining to law students and much-needed legal services to the poor.Published: Promoting Legal Education and Democracy in India, 8 National University of Juridical Science 1 (2015).


2021 ◽  
Vol 13 (4) ◽  
pp. 1878
Author(s):  
Alan R. Hunt ◽  
Meiyin Wu ◽  
Tsung-Ta David Hsu ◽  
Nancy Roberts-Lawler ◽  
Jessica Miller ◽  
...  

The National Wild and Scenic Rivers Act protects less than ¼ of a percent of the United States’ river miles, focusing on free-flowing rivers of good water quality with outstandingly remarkable values for recreation, scenery, and other unique river attributes. It predates the enactment of the Clean Water Act, yet includes a clear anti-degradation principle, that pollution should be reduced and eliminated on designated rivers, in cooperation with the federal Environmental Protection Agency and state pollution control agencies. However, the federal Clean Water Act lacks a clear management framework for implementing restoration activities to reduce non-point source pollution, of which bacterial contamination impacts nearly 40% of the Wild and Scenic Rivers. A case study of the Musconetcong River, in rural mountainous New Jersey, indicates that the Wild and Scenic Rivers Act can be utilized to mobilize and align non-governmental, governmental, philanthropic, and private land-owner resources for restoring river water quality. For example, coordinated restoration efforts on one tributary reduced bacterial contamination by 95%, surpassing the TMDL goal of a 93% reduction. Stakeholder interviews and focus groups indicated widespread knowledge and motivation to improve water quality, but resource constraints limited the scale and scope of restoration efforts. The authors postulate that the Partnership framework, enabled in the Wild and Scenic Rivers Act, facilitated neo-endogenous rural development through improving water quality for recreational usage, whereby bottom-up restoration activities were catalyzed via federal designation and resource provision. However, further efforts to address water quality via voluntary participatory frameworks were ultimately limited by the public sector’s inadequate funding and inaction with regard to water and wildlife resources in the public trust.


2021 ◽  
Vol 22 (5) ◽  
pp. 833-846
Author(s):  
Tatjana Hörnle

AbstractThe article describes the #MeToo-movement in the United States and Germany and discusses the merits and problems of this social phenomenon. It highlights the fact that some features of #MeToo (blaming and sanctioning wrongdoers) resemble those of criminal punishment and thus require careful justification. In the final part, the author examines the impact of the #MeToo-movement on criminal law reform.


2021 ◽  
pp. 7-15
Author(s):  
Julia Yurevna Bocharova ◽  

Pedagogical universities are in the area of great attention from the society and the state because of their increasing role in forming the human capital of the territories. The purpose of this article is to explain the necessity and possibility of creating a mission and strategy for the development of pedagogical universities in (macro) regions on the basis of a post-non-classical understanding of pedagogical education. Methodology and methods: to construct the mission of the pedagogical university, claiming to play an active role in the ecosystem of education in the region, the post-non-classical methodology was used in understanding pedagogical education as an open, system-synergetic approach (ecosystem as its kind), as well as the typical of the post-non-classical methodology, methods of reconstructing the experience of designing an open pedagogical education in a heterogeneous (academic and teaching) professional community. Research results: three missions of the regional pedagogical university are characterized: education, research and impact on society, from the standpoint of the ecosystem approach and the concept of an entrepreneurial university. A pedagogical university acts as a key element of the ecosystem if it demonstrates an entrepreneurial type of behavior, overcomes resource constraints due to the dominance of the third mission over education and research, subordinating them to the task of creating a cohort of agents of change – vanguard groups of future a working teachers in the territory. Conclusion: the missions of the pedagogical university should be subordinated to the influence on the entire pedagogical corps of the region by increasing the density of connections in educational and professional communities.


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