scholarly journals 2002: A Justice Odyssey

2003 ◽  
Vol 34 (1) ◽  
pp. 1
Author(s):  
Kim Economides

Professor Economides, 2002 Chapman Tripp visiting fellow, overviews research on the supply side of the access to justice equation. Economides argues that the justice equation is based on the nature of supply and demand for legal services and the nature of the claim that clients wish to bring to a legal forum. However, the access to justice theme is moved beyond the supply side and into questions regarding the quality of the access provided suggesting that there is a need to explore the understandings of justice held by members of the legal profession and legal ethics, and the role that law schools and legal education have in formulating these.

2019 ◽  
pp. 27-45
Author(s):  
Kate Galloway ◽  
Julian Webb ◽  
Francesca Bartlett ◽  
John Flood ◽  
Lisa Webley

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.


2020 ◽  
Vol 27 (3) ◽  
pp. 5-32
Author(s):  
Mary Anne Noone

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. 


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>


2014 ◽  
Vol 1 ◽  
pp. 33 ◽  
Author(s):  
Judith Dickson

<p>As a lawyer and clinical legal educator, I have direct experience of the ways in which clinical legal education programmes in Australia2 provide legal services to poor and disadvantaged people. In this context I recently began to wonder about the image of lawyers and of the legal profession, that other clinical educators and I portray in our work and about the values underlying clinical legal education.3 I began to think that despite a longstanding commitment to access to justice,4 clinical legal education in Australia might actually be acquiescing in a notion of professionalism that is counter to that commitment. </p><p>In this article I explore the connection between the continuing commitment of clinical legal education to the provision of legal services to those unable to otherwise afford them and the notions of professionalism traditionally adopted by the organised legal profession. In doing so I focus on the Australian legal environment as the one with which I am most familiar. However, I believe the issues I raise are relevant for other legal educators concerned about the state of the legal profession in their jurisdictions and about the values which clinical legal education imparts to law students.</p>


2018 ◽  
Vol 5 (3) ◽  
pp. 4-39 ◽  
Author(s):  
O. Vinnichenko ◽  
E. Gladun

Legal education in the contemporary world is changing. The main influences are linked to developments in transportation and communication and the enmeshing of diverse economies embraced by globalization. Law schools confront more mobile and more ambitious students who wish to experience different jurisdictional practices, to serve the increasingly global business community and to be more competitive. This research examines the modifications required in legal education as a result of globalization with specific reference to law schools in the BRICS countries of Brazil, Russia, India and China.Research on higher education, and legal education in particular, has been growing in recent years, yet there is still a gap in the study and comparison of the specifics of legal education within the BRICS countries. This research makes an attempt to analyze and contrast the current goals, objectives, structure and quality of higher legal education in Brazil, Russia, India and China. The specifics of law schools have been studied over the past twenty years in correlation with economic, cultural and education trends in BRICS and globally.Based on research literature, practitioner literature and legislative sources, this paper outlines common and special features of lawyer training in BRICS. The prime similarity of the legal education systems in BRICS are global education trends and the influence of the U.S. and UK education systems. Each BRICS country experienced an “explosion” in the popularity of legal education and, consequently, the urgent need to reform the education process in order to attain better quality and affordability. The result of these reforms, taking place in each country from 1950 to today, has become the growing differentiator of the educational institutions, turning them into “elite” and “mass” law schools.The facets of legal education in Brazil, Russia, India and China are attributed to their national policies as well as the historical development of the educational institutions and their perception of what specific lawyer skills and competencies are demanded by the legal market and national population. We conclude that the structure and quality of legal education as well as the requirements and monitoring tools vary in each country. These are dependent on several factors: the specific country’s ideology, its economic development, its proximity to an “Eastern” or “Western” model, its ability to learn from foreign education systems and its attempts at self-identification in the global educational space.


2018 ◽  
Vol 25 (1) ◽  
pp. 35
Author(s):  
Jacqueline Weinberg

<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>


Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing. It notes new forms of legal practice. It also considers how use of artificial intelligence may change the ways in which legal services are delivered. It reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


2020 ◽  
Vol 82 ◽  
pp. 70-77
Author(s):  
Maria Bilak

The paper attempts to study the current situation of legal education reform in Ukraine. The main ideas of the new model of legal education in Ukraine were analyzed. The author made a comparison of Ukrainian legal education system with legal educations practices in United States, Poland and Germany. The main problems negatively influencing the quality of legal education such as corruption, disproportionally high number of law schools and outdated approaches to teaching were described.


1995 ◽  
Vol 33 (4) ◽  
pp. 920
Author(s):  
A. Wayne MacKay

This article starts with the premise that all teaching is a communication of values between student and teacher. An important challenge in confronting law is making it more inclusive and equitable. A critical step in this process is first recognizing one's own biases. Only then will genuine dialogue about the inherent biases in the legal profession and in law schools be possible. Making law schools more inclusive entails not only superficial changes, but an examination of what is taught, how it is taught and how students are evaluated.


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