scholarly journals Changing perspectives in Legal Education: competence-based learning and the possibilities to improve access to justice via mediation skills

2015 ◽  
Vol 2 (2) ◽  
pp. 253
Author(s):  
Loussia P. Musse Felix ◽  
André Gomma de Azevedo
Keyword(s):  
Dispute Resolution ◽  
Legal Education ◽  
Major Change ◽  
Formal Training ◽  
Access To Justice ◽  
Court System ◽  
New Professionals ◽  
Law Schools ◽  
The University ◽  
Improve Access

As one of the major Brazilian Law Schools, the University of Brasilia School of Law is at the forefront of a competence-based dispute resolution programme to be used in legal education and within the Brazilian Court system. Changes in Legal Education around the world obviate the need to integrate theoretical and practical perspectives at all levels in the formal training of new professionals in the field of Law. The University of Brasilia School of Law has participated in Tuning Latin America since 2006 and has recently adopted a Curriculum that embraces competence-based learning as part of a major change geared to bringing social, cultural and political effectiveness into the teaching of Law. This paper outlines the challenges facing the adoption of collaborative approaches to dispute resolution in the legal arena and the meta-competences and competences it entails.

scholarly journals Keeping up with change: no alternative to teaching ADR in clinic. An Australian perspective

2018 ◽  
Vol 25 (1) ◽  
pp. 35
Author(s):  
Jacqueline Weinberg
Keyword(s):  
Dispute Resolution ◽  
Clinical Education ◽  
Alternative Dispute Resolution ◽  
Legal Education ◽  
Law Students ◽  
Access To Justice ◽  
Legal Practice ◽  
Law Schools ◽  
The Cost ◽  
Client Needs

<p>Over the last 30 years alternative dispute resolution (ADR) has become more prominent in Australian legal practice due to the need to reduce the cost of access to justice and to provide more expedient and informal alternatives to litigation. As legal educators, we need to ask: how should we be preparing law students entering practice for these changes? How can we ensure that once they become lawyers, our students will not rely entirely on litigious methods to assist their clients but instead look at alternatives for dispute resolution?</p><p>In this paper, I argue that there is no alternative to teaching ADR in clinic in order to address client needs and to ensure that students engaged in clinical education are prepared for changes in legal practice today. I show that the increasing focus upon ADR in Australian legal practice represents a challenge for law schools, and that legal educators need to ensure they are educating students about ADR.</p><p>I argue that it is important to determine whether ADR is being taught to students undertaking clinical legal education in ways that will enhance their preparation for legal practice. I will show that there is a need to explore: whether ADR is being taught within clinical legal education, the strengths and weaknesses of existing approaches, and how the teaching of ADR within clinics can be improved.</p>

scholarly journals Dispute Resolution, Access to Civil Justice and Legal Education

1969 ◽  
pp. 741 ◽  
Author(s):  
Trevor C.W. Farrow
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Education ◽  
Access To Justice ◽  
International Literature ◽  
Civil Justice ◽  
Reform Initiatives ◽  
Law Schools ◽  
Collaborative Development ◽  
Research Programs

This article examines current dispute resolution leaching and research programs in the context of improving access to justice through recent civil justice reform initiatives. Animated by extensive domestic and international literature, online and survey-based research, the article explores the landscape of alternative dispute resolution (primarily at law schools), comments on the need for continued thinking and reform and acts as a leading resource to assist in the ongoing, collaborative development of dispute resolution initiatives in education in Canada and abroad.

Affirmative Action and Aboriginal Government: The Case for Legal Education in Nunavut

1999 ◽  
Vol 14 (2) ◽  
pp. 21-75 ◽  
Author(s):  
Kelly Gallagher-Mackay
Keyword(s):  
Justice System ◽  
Critical Mass ◽  
Legal Education ◽  
Law School ◽  
Law Schools ◽  
Disadvantaged Communities ◽  
The Public ◽  
Education Gap ◽  
The University ◽  
And Training

AbstractThe Nunavut Land Claim Agreement commits federal and territorial governments to the recruitment and training of Inuit for positions throughout government. In the justice sector, there is currently a major shortage of Inuit lawyers or future judges. However, there also appears to be a fundamental mismatch between what existing law schools offer and what Inuit students are prepared to accept. A northern-based law school might remedy some of these problems. However, support for a law school requires un-thinking certain key tenets of legal education as we know it in Canada. In particular, it may require a step outside the university-based law school system. Universities appear to be accepted as the exclusive guardian of the concept of academic standards. Admission standards, in particular, serve as both a positivist technology of exclusion, and a political rationale for the persistence of majoritarian institutions as the major means of training members of disadvantaged communities. Distinctive institutions – eventually working with university-based law schools – have the potential to help bridge the education gap between Inuit and other Canadians. In so doing, they have the potential to train a critical mass of Inuit to meaningfully adapt the justice system to become a pillar of the public government in the Inuit homeland of Nunavut.

The Past, Present, and Future of Online Dispute Resolution

2021 ◽  
Author(s):  
Orna Rabinovich-Einy
Keyword(s):  
Dispute Resolution ◽  
Access To Justice ◽  
Court System ◽  
Current Application ◽  
Online Systems ◽  
Form And Function ◽  
Online Dispute Resolution ◽  
And Function ◽  
Ongoing Evaluation ◽  
Careful Design

Abstract This article chronicles the evolution of the field of online dispute resolution from its inception in the mid-1990s to its current application in and outside the court system. While originally ODR played a modest role in the limited domain of e-commerce, over the years its application has expanded significantly, as have its form and function: from processes that have sought to replicate online equivalents to ones that reimagine the design of procedures to better fit party needs and to address the justice system’s longstanding problems. The article predicts that the future of ODR lies in increased automation, which includes artificial intelligence and various forms of structured negotiation, and, consequently, a reduced role for human third parties. This will require a rethinking of the ways in which access to justice, procedural justice and substantive justice can be realized. The key for realizing the values and goals of the justice system lies in the careful design and ongoing evaluation of online systems, activities that have themselves been transformed by technology and the availability of big data.

Innovation and Disruption: Exploring the Potential of Clinical Legal Education

2020 ◽  
Vol 27 (3) ◽  
pp. 5-32
Author(s):  
Mary Anne Noone
Keyword(s):  
Digital Technology ◽  
Legal Education ◽  
Legal Profession ◽  
Law School ◽  
Access To Justice ◽  
Law Schools ◽  
Government Decision ◽  
Growing Body ◽  
Clinical Program ◽  
Real Challenge

It’s a great privilege to deliver this year’s Susan Campbell Oration. I, like many others, had the pleasure of working with Sue on a range of activities. In 2007, Sue conducted a review of the La Trobe Law School Clinical program which was instrumental in helping ensure the program remained an integral aspect of the La Trobe University law course. I hope what I have to say honours Sue’s memory and her contributions to legal education and clinical legal education in particular2.  My focus in this presentation is on how Australian clinical legal education responds to the various innovations and disruptions occurring in the legal arena. The scope and breadth of innovations is mindboggling. There are many predictions about what the future holds for the legal profession, from gloom and doom to utopia, and there is a growing body of literature discussing the implications for the legal profession and legal education. In reality, it is impossible to envisage what the legal world will look like in ten years let alone thirty and that poses a real challenge for those involved in legal education, including clinical legal education. How best to prepare today’s students for the unknown future?  Given that I have no expertise in digital technology and am certainly not a futurologist my comments relate to those areas about which I have some background: access to justice, social security and clinical legal education.  I briefly outline the variety and scope of innovations occurring in the legal world, discuss two related aspects namely access to justice and government decision making, using the example of Robodebt, and then examine the potential for clinical legal education in these disruptive times. I argue that clinical legal education is well placed to take a more central role in Australian law schools and the training of 21st century legal workers. 

Teaching Legal Research in Canadian Law Schools: Are We Meeting the Needs of the Profession?

2010 ◽  
Vol 10 (2) ◽  
pp. 98-101 ◽  
Author(s):  
John Eaton
Keyword(s):  
Education System ◽  
Legal Education ◽  
Hard Copy ◽  
Law Schools ◽  
Legal Research ◽  
Research Skills ◽  
Canadian Law ◽  
University Of Manitoba ◽  
The University ◽  
Electronic Sources

AbstractIn this philosophical article John Eaton from the University of Manitoba recounts the current legal education system in Canada and reflects on the issues involved in teaching legal research skills, including problems with where to base the training within the curriculum, and difficulties encountered in the migration from hard copy research, to current students' predilections for using electronic sources. Whilst based on the Canadian process his article has a wider application in relation to the “Google-generation” of students.

scholarly journals Lawyering in a Digital Age: A Practice Report on the Design of a Virtual Law Clinic at Cumbria

2015 ◽  
Vol 22 (3) ◽  
pp. 334 ◽  
Author(s):  
Ann Thanaraj ◽  
Michael Sales
Keyword(s):  
Core Competencies ◽  
Legal Education ◽  
Digital Age ◽  
Law Students ◽  
Access To Justice ◽  
Legal Services ◽  
Law Schools ◽  
Efficient Manner ◽  
New Type

<p>This practice paper offers a modest proposition that could make law graduates more capable of serving their clients in a modernised and efficient manner. We propose that in addition to law clinics and other forms of experiential activities, law schools could add a new type of clinical component to their curriculum that teaches students to use technology to assist in the delivery of legal services. Digital lawyering skills will help law students learn core competencies needed in an increasingly technological profession, and it may help close the gap between offering access to justice by making legal services available online in the most accessible and convenient way possible and in equipping law graduates with a modernised and digital legal education. </p>

scholarly journals The Legal Academy’s Engagements with Lawtech: Technology Narratives and Archetypes as Drivers of Change

2019 ◽  
pp. 27-45
Author(s):  
Kate Galloway ◽  
Julian Webb ◽  
Francesca Bartlett ◽  
John Flood ◽  
Lisa Webley
Keyword(s):  
Curriculum Design ◽  
Legal Education ◽  
Legal Profession ◽  
Access To Justice ◽  
Legal Services ◽  
Law Schools ◽  
The Rule Of Law ◽  
Services Delivery ◽  
Technological Developments ◽  
The Law

This article argues that legal education is currently grappling with three narratives of technology’s role in either augmenting, disrupting or ending the current legal services environment. It identifies each of these narratives within features of curriculum design that respond to legal professional archetypes of how lawyers react to lawtech. In tracing how these influential narratives and associated archetypes feature in the law curriculum, the article maps the evolving intersection of lawtech, the legal profession and legal services delivery in legal education. It concludes by proffering the additional narrative of ‘adaptive professionalism’, which emphasises the complex and contextual nature of the legal profession, and therefore provides a more coherent direction for adaptation of the law curriculum. Through this more nuanced and grounded approach, it is suggested that law schools might equip law graduates to embrace technological developments while holding on to essential notions of ethical conduct, access to justice and the rule of law.

scholarly journals Law Clinics and Access to Justice in Kenya: Bridging the Legal Divide

2016 ◽  
Vol 23 (5) ◽  
pp. 107
Author(s):  
Yohana Ouma ◽  
Esther Chege
Keyword(s):  
Critical Role ◽  
Legal Education ◽  
Access To Justice ◽  
Law Schools ◽  
The Law

<p>Despite the existence of law schools in Kenya, there has been a low uptake of clinical legal education generally and the setting up of law clinics in particular. Given the critical role that law clinics play in clinical legal education, the lack of well-established law clinics has negative implications of clinical legal education as well as the role that law schools, through law clinics, play in promoting access to justice. While the various law schools in Kenya undertake various activities that ideally fall under a law clinic, there has been a lack of institutionalization of law clinics. This has in turn limited the scope end effectiveness of the law clinics both in terms of their efforts to promote access to justice and clinical legal education. The paper argues that in order for this to be rectified, there is need to institutionalise law clinics within the various law schools in the country. Only then will they be more effective in promoting access to justice as well as clinical legal education. </p>

scholarly journals The University Library: A Driving Force for Reform in Legal Education?†

2012 ◽  
Vol 40 (1-2) ◽  
pp. 1-21 ◽  
Author(s):  
Ben Beljaars ◽  
René Winter
Keyword(s):  
Legal Education ◽  
Skills Training ◽  
The United States ◽  
Law Schools ◽  
Close Collaboration ◽  
Library Education ◽  
University Library ◽  
Information Skills ◽  
The University

AbstractInformation skills training offers opportunities for gradually embedding changes in legal education programs and to bring about the integration of legal knowledge, skills and experience. If shared goals are formulated in a spirit of close collaboration, curricular changes and revisions will potentially have a greater effect and be more likely to enhance long-term programs. The university library can serve as an ideal base for the use of information technology such as web portals and content integrated search engines, which in turn will help refocus attention on the use of library facilities. The harmonization and maintenance of this apparatus, however, requires both a new form of cooperation and a re-interpretation of the legal education curriculum. This article compares several library developments which could prove important for legal education from a Dutch perspective, and also examines library education in the law schools of the United States of America.

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