scholarly journals Bringing the Clinic into the 21st Century

2009 ◽  
Vol 27 (1) ◽  
pp. 36
Author(s):  
Julie Macfarlane

Emerging in the 1960’s, the clinical legal education movement promoted an important dual mission – the training of law students in practical client advocacy and the service of under and un-served communities. These laudable goals spawned a movement of great significance for legal education. At its peak the clinical movement can point to hundreds of clinics in law schools across the world, specially appointed clinical faculty, a law review and the development of a voluminous literature on clinical teaching methodology. However in the last 10 years student interest, funding and scholarly attention to the legal clinics has faded. This article argues that this is in part due to the mission and ideology of the law school clinics remaining “stuck” in a conception of social justice lawyering that is heavily dependent on rights-based strategies and traditional, hierarchical conceptions of the lawyer/client relationship. While reflecting the same stasis that affects the wider law school curriculum, this disconnect from the needs of contemporary clients as well as an increasingly pluralist model of legal services has unique implications for the legal clinics.Faisant son apparition dans les années ’60, le mouvement d’éducation juridique en clinique promouvait une double mission importante – la formation d’étudiants et d’étudiantes en droit à la pratique de défense de clients et le service aux communautés non ou mal desservies. Ces objectifs louables ont donné naissance à un mouvement de grande importance pour l’éducation juridique. À son apogée, le mouvement clinique peut se vanter de centaines de cliniques au sein de facultés de droit à travers le monde, de la nomination spéciale de professeurs cliniques, d’une revue de droit, et du développement d’une littérature volumineuse sur la méthodologie de l’enseignement en clinique. Toutefois, au cours des dix dernières années, l’intérêt étudiant, le financement et l’attention savante envers les cliniques juridiques se sont affaiblis. Cet article soutient que ceci est dû en partie au fait que la mission et l’idéologie des cliniques des facultés de droit demeurent «prises» dans une conception de la pratique du droit en vue de la justice sociale qui dépend en grande partie sur des stratégies fondées sur les droits de la personne et sur des conceptions traditionnelles hiérarchiques de la relation avocatclient. Tout en reflétant le même état statique qui affecte le programme des facultés de droit en général, cette déconnexion des besoins de clients contemporains ainsi qu’un modèle de services juridiques de plus en plus pluraliste a des implications uniques pour les cliniques juridiques.

Author(s):  
Sital Kalantry

Formal clinical legal education programs with instructors teaching clinics in a classroom and practice setting are not common in Indian universities. Few programs in which law students provide legal services on a volunteer/voluntary basis to poor communities. This chapter argues that there are many reasons law schools and universities in India should institute clinical legal education programmes—through these classes, students learn practical lawyering skills and at the same time, students provide assistance to people who could not otherwise afford legal services. One less explored rationale for clinical legal education is the relationship between clinical legal education and the promotion of democracy. Through his personal experience in co-teaching a clinic at the Jindal Global Law School, the author develops the connection between democracy in India and clinical legal education.


1985 ◽  
Vol 79 (1) ◽  
pp. 158-163
Author(s):  
Richard B. Lillich ◽  
Hurst Hannum

While many law schools now offer separate courses or seminars on international human rights law, the number of students exposed to such specialized study remains relatively small. Human rights law is relevant to many other segments of the law school curriculum—in particular, to courses on constitutional law and individual rights—although little scholarly attention has been devoted to date to integrating appropriate human rights issues into the “bread and butter” courses that all law students take. To begin to address this lacuna, the Procedural Aspects of International Law (PAIL) Institute has undertaken to develop a human rights component or module designed to supplement leading constitutional law course books and present methods of teaching constitutional law.


2015 ◽  
Vol 22 (3) ◽  
pp. 334 ◽  
Author(s):  
Ann Thanaraj ◽  
Michael Sales

<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>


2016 ◽  
Vol 23 (2) ◽  
pp. 7
Author(s):  
Margaret Castles

The cost of clinical legal education courses has always been a challenge to law schools. In the last 40 years clinicians have developed and trialed many different innovations in clinical law, in response to increased student demand for clinical experience, and greater pressure on the legal services market. Two common models are the in house clinic and the externship placement. This article explores the idea of a ‘reverse externship’ – with private solicitors coming into an in house clinic to assist in the supervision of students on placement. It tracks the development and implementation of this initiative, and reports on both the practical challenges and the pedagogical benefits that we encountered<strong>.</strong>


2013 ◽  
Vol 41 (3) ◽  
pp. 249-282 ◽  
Author(s):  
Farida Ali

This article examines the implications of globalization for legal practice, law students, and law school curricula. It opens with a review of the impact of globalization on the legal profession, together with an overview of the benefits and challenges that come with globalizing legal education. The article then examines the current state of U.S. legal education by identifying some of the schools that have expressed or demonstrated a commitment to providing a global legal education, and surveying the types of reforms that these schools have adopted in order to meet this objective. The article considers schools’ attitudes to and choice of reforms in light of the view that the typical new American lawyer is inadequately prepared to practice law in today's global legal order, in which he or she is increasingly likely to be called upon to resolve legal issues of a transnational nature. Preparing students to practice law in a globalized society, the article contends, should therefore be a key objective for American legal educators. With this goal in mind, the article examines the current program at Northwestern University School of Law as a case study and offers recommendations that can help to achieve the goal of globalizing legal education while responding to the needs and concerns of today's law students and future legal practitioners.


2013 ◽  
Vol 12 (4) ◽  
pp. 535-578
Author(s):  
Bruce A. Kimball

Between 1915 and 1925, Harvard University conducted the first national public fund-raising campaign in higher education in the United States. At the same time, Harvard Law School attempted the first such effort in legal education. The law school organized its effort independently, in conjunction with its centennial in 1917. The university campaign succeeded magnificently by all accounts; the law school failed miserably. Though perfectly positioned for this new venture, Harvard Law School raised scarcely a quarter of its goal from merely 2 percent of its alumni. This essay presents the first account of this campaign and argues that its failure was rooted in longstanding cultural and professional objections that many of the school's alumni shared: law students and law schools neither need nor deserve benefactions, and such gifts worsen the overcrowding of the bar. Due to these objections, lethargy, apathy, and pessimism suffused the campaign. These factors weakened the leadership of the alumni association, the dean, and the president, leading to inept management, wasted time, and an unlikely strategy that was pursued ineffectively. All this doomed the campaign, particularly given the tragic interruptions of the dean's suicide and World War I, along with competition from the well-run campaigns for the University and for disaster relief due to the war.


2016 ◽  
Author(s):  
Ira Steven Nathenson

In an influential 1996 article entitled Cyberspace and the Law of the Horse, Judge Frank Easterbrook mocked cyberlaw as a subject lacking in cohesion and therefore unworthy of inclusion in the law school curriculum. Responses to Easterbrook, most notably that of Lawrence Lessig in his 1999 article The Law of the Horse: What Cyberlaw Might Teach, have taken a theoretical approach. However, this Article — also appropriating the “Law of the Horse” moniker — concludes that Easterbrook’s challenge is primarily pedagogical, requiring a response keyed to whether cyberlaw ought to be taught in law schools. The Article concludes that despite Easterbrook’s concerns, cyberlaw presents a unique opportunity for legal educators to provide capstone learning experiences through role-playing simulations that unfold on the live Internet. In fact, cyberlaw is a subject particularly well-suited to learning through techniques that immerse students in the very technologies and networks that they are studying. In light of recommendations for educational reform contained in the recent studies Best Practices for Legal Education and the Carnegie Report, the Article examines the extent to which “Cybersimulations” are an ideal way for students to learn — in a holistic and immersive manner — legal doctrine, underlying theory, lawyering skills, and professional values. The Article further explains how the simulations were developed and provides guidance on how they can be created by others. The Article concludes with a direct response to Easterbrook, arguing that cyberlaw can indeed “illuminate” the entire law.


2004 ◽  
Vol 5 (3) ◽  
pp. 335-338 ◽  
Author(s):  
Larry Bakken

During the past decade many American law schools have identified and responded to the opportunity and necessity of training law students and lawyers for the challenges created by globalization. Opportunities are certainly available to schools with strong business, international trade and human rights programs. Opportunities are, however, also available to schools with interests and strengths in the newer disciplines such as conflict resolution, intellectual property and environment protection. Law schools which have ventured into global oriented training have recognized that the market is not simply a one-way-street for domestic students but also includes training of foreign law students and lawyers. Private foundations in the United States and abroad, foreign governments and our national government have helped finance foreign lawyer visits and training events throughout America. When international lawyers visit the United States, domestic law schools are involved as hosts, training sites, and sources of professional expertise. There has also been a simultaneous movement of domestic lawyers and law students through foreign law school programs and other study abroad opportunities. When all these international experiences are taken together one realizes the need for law schools to become more involved in the development and implementation of training and development of globally oriented legal education.


2018 ◽  
Vol 1 (2) ◽  
pp. 135 ◽  
Author(s):  
Fajri Matahati Muhammadin ◽  
Hanindito Danusatya

The Indonesian legal system is not secular, but the legal education in non-Islamic universities are secular. This article will highlight the �Introduction to Jurisprudence� course (ITJ) at law undergraduate programs. More specifically, one chapter will be analyzed i.e. �Classification of Norms� because it is an early fundamental chapter in ITJ which shapes the jurisprudential reasoning of the law students. This article uses a literature study to observe the most used textbooks for the (ITJ) course in the top law schools in Indonesia. It will be found that the approached used by these textbooks are secular and incompatible with the Indonesian non-secular legal system. Islamization of knowledge is needed to �de-secularize� this �Classification of Norms� chapter.


2017 ◽  
Author(s):  
Stephanie A. Dangel ◽  
Michael J Madison

Today’s law school graduates need to be entrepreneurial to succeed, but traditional legal education tends to produce lawyers who are “strange bedfellows” with entrepreneurs. This article begins by examining the innovative programs at many law schools that ameliorate this tension, including the programs offered by our Innovation Practice Institute (IPI) at the University of Pittsburgh School of Law. Although these programs train law students to represent entrepreneurs and to be entrepreneurial in law-related careers, few (if any) law schools train law students to be “business” entrepreneurs. Drawing on our own experiences and the writings of Bill Drayton, the lawyer who pioneered the field of social entrepreneurship, we discuss how some lawyers have applied their legal education to be successful “social” entrepreneurs. Finally, we outline the IPI’s three-year law school program explicitly designed to train law students to be social entrepreneurs.


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