scholarly journals At Play in the Field of Dreams: Theorising Attitudes, Perceptions and Practices of Law Students in conjunction with the Reflections of Early Career Commercial Lawyers

2020 ◽  
Vol 37 (1) ◽  
pp. 114-133
Author(s):  
Barry Yau ◽  
David Catanzariti

Australian law schools are tasked with forming students in their knowledge and understanding of the law, with many students aiming to fulfil their dreams of pursuing a legal career. Utilising Bourdieu’s conceptual tools, this article considers whether aspirations of being “real lawyers” are significantly influenced by motifs of career success predominantly linked to an “elite” tier of law practice. The attitudes and perceptions of law students can also positively or adversely shape their career path amidst the information at play in the law school space. Drawing on qualitative data, we have applied Bourdieu’s tools to understand undergraduate and practical legal training students’ responses to notions of career accomplishment. This is contrasted with the reflections of early career commercial lawyers about their law school experiences. With comparisons to contemporary surveys and research on student services for law students, along with their wellbeing, the article reasons that the assorted ambitions of law students requires a law school environment promoting a more diversified perspective of “real law” and “real lawyering”.

Author(s):  
Trish Karen Mundy

This paper discusses the partial findings from a research study involving a narrative analysis of in-depth interviews with twelve final year law students. The research explored student attitudes to, and perceptions of, legal practice in rural, regional and remote (RRR) communities – that is, their ’imagined experience’. The research findings suggests that, at least in the context of the non-regional law school, the rural/regional is both absent and ‘other’, revealing the ‘urban-centric’ nature of legal education and its failure to adequately expose students to rural and regional practice contexts that can help to positively shape their ‘imagined’ experience. This paper argues that all law schools must take up the challenge of rural inclusiveness by integrating a sense of ‘place-consciousness’ into the law curriculum.


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.


1937 ◽  
Vol 6 (3) ◽  
pp. 260-273
Author(s):  
William Warren Sweet

Professional Schools in the United States, whether of medicine, law, engineering, or theology, are of relatively recent orgin. It is a matter of interest that the ministry was the first profession in America for which a technical and standardized training was provided. While the first law school in America was founded in the same year as the oldest theological seminary (1784), the courses were loosely organized and there was no definitely prescribed amount of work required of graduation and no academic requirement for the practice of law. In all the institutions where there were law departments or law schools, even as late as the middle of the last century, the law students were considered as distinctly inferior to the regular college students.


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.


Author(s):  
Willem Hendrik Gravett

It is a sad fact that at most university law schools in South Africa, a student can graduate without ever having set foot in a courtroom, and without ever having spoken to, or on behalf of, a person in need of advice or counsel. The past several years have witnessed a swelling chorus of complaints that the current LLB curriculum produces law graduates who were "out of their depth" in practice. My purpose is to make a case for the inclusion in the LLB curriculum of a course in trial advocacy. This endeavour of necessity invokes the broader debate over the educational objectives of a university law school – a debate memorably framed by William Twining as the two polar images of "Pericles and the plumber". My thesis is that the education of practising lawyers should be the primary mission of the university law school. The first part of this contribution is a response to those legal academics who hold that the role of the law school is to educate law students in the theories and substance of the law; that it is not to function as a trade school or a nursery school for legal practice. With reference to the development of legal education in the United States, I argue that the "education/training" dichotomy has been exposed as a red herring. This so-called antithesis is false, because it assumes that a vocational approach is necessarily incompatible with such values as free inquiry, intellectual rigour, independence of thought, and breadth of perspective. The modern American law school has shown that such so-called incompatibility is the product of intellectual snobbery and devoid of any substance. It is also often said that the raison d'être of a university legal education is to develop in the law student the ability "to think like a lawyer". However, what legal academics usually mean by "thinking like a lawyer" is the development of a limited subset of the skills that are of crucial importance in practising law: one fundamental cognitive skill – analysis – and one fundamental applied skill – legal research. We are not preparing our students for other, equally crucial lawyering tasks – negotiating, client counselling, witness interviewing and trial advocacy. Thinking like a lawyer is a much richer and more intricate process than merely collecting and manipulating doctrine. We cannot say that we are fulfilling our goal to teach students to "think like lawyers", because the complete lawyer "thinks" about doctrine and about trial strategy and about negotiation and about counselling. We cannot teach students to "think like lawyers" without simultaneously teaching them what lawyers do. An LLB curriculum that only produces graduates who can "think like lawyers" in the narrow sense ill-serves them, the profession and the public. If the profession is to improve the quality of the services it provides to the public, it is necessary for the law schools to recognise that their students must receive the skills needed to put into practice the knowledge and analytical abilities they learn in the substantive courses. We have an obligation to balance the LLB curriculum with courses in professional competence, including trial advocacy – courses that expose our students to what actually occurs in lawyer-client relationships and in courtrooms. The skills our law students would acquire in these courses are essential to graduating minimally-competent lawyers whom we can hand over to practice to complete their training. The university law school must help students form the habits and skills that will carry over to a lifetime of practice. Nothing could be more absurd than to neglect in education those practical matters that are necessary for a person's future calling.


Author(s):  
Olga М. Piaskowska ◽  
Piotr F. Piesiewicz

To prepare law students to be efficient lawyers, European law schools need to reinvent themselves. This article presents the reform proposal we created for our university in 2016-2017. It is based on our experience as students, academics and practitioners. According to us, law schools while reinventing curricula should focus on interdisciplinarity and cooperation. The law schools should create a platform for cooperation with the business community, whose objective will be to work together on the substantive content of particular classes (especially in higher years of study) so students will become familiar with current problems during their studies. Law schools should also take into account the path students can choose after graduation. The fact is the Polish law schools treat every single student in the same way under the assumption that after graduation student will become a lawyer, and choose the classic path to become for example a judge or an advocate (attorney at law). The reality is however completely different. We see the law as a living instrument, so we have found new methods of teaching. We believe only all these changes put together, combined with the development of an integrated system of teaching and methods, will allow creating a law school of the future.


2007 ◽  
Vol 35 (3) ◽  
pp. 396-446 ◽  
Author(s):  
Julie M. Spanbauer

Many law schools have opened their doors to international students, inviting them to participate in the following types of programs: (1) LL.M. programs designed exclusively or primarily for international students, (2) LL.M. programs designed primarily for U.S.-trained lawyers and law students to which international students are admitted, (3) S.J.D. and J.S.D. degree programs to which international students are admitted, (4) J.D. programs to which international students are admitted, and (5) Intensive prelaw training programs for international students entering American law schools.


2020 ◽  
Vol 5 (3) ◽  
pp. 63
Author(s):  
Samuel V. Jones

Today, law student safety is a serious but often missed objective in American law schools. According to a recent survey, the typical American family wants to know their law student is safe even more than they want their law student to acquire a first-rate legal academic experience. Despite the importance of law student mental health to student performance, and cultural objectives unique to legal education, law students are not only highly vulnerable to acquiring mental health challenges during law school but are prone to be overlooked, and perhaps blamed or condemned for their mental health challenges, albeit unintentionally. My work asserts that despite the chief objective of law schools being to educate knowledgeable, competent, legal professionals, and provide them with the necessary skills to resolve complex legal essentials for corporations and government, as well as advance social justice, and to promote equal treatment for all, inherent in the nature of legal education, is a seemingly widely accepted risk of compromising law student mental health. Relying on qualitative studies and journalistic reports, my work will demonstrate that law students experience high incidents of personal depression, anxiety, extreme sadness, loss of interest or desire, feelings of guilt or low self-esteem, disturbed sleep or appetite, low energy, poor concentration, and a myriad of other mental and physical calamities, all of which greatly exceeds that of the law faculty, and surpasses levels experienced by medical and graduate students at American schools of higher education. My work further acknowledges that law student anxiety and depression are inextricably linked to the rigorous academic demands of legal education. Still it argues and set forth that law student mental health is related to avoidable conditions and patterns in the law school environment that enable or fail to account for the law student’s inexperience with coping with intense stress, emotional uncertainty, geographical isolation from loved ones, strained financial resources, poor job prospects, family strife, drug or alcohol abuse, homelessness, or lack of a culturally responsive learning environment. Granted, the legal profession is not for everyone. My work argues that law schools cannot turn a blind eye to the plight of law students as if no degree of accountability and responsibility lies with the law school. Indeed, law schools, albeit unintentionally, may be some of the chief investors in patterns of conduct that compromise the physical, emotional, and mental safety of law students. Recognition of a law school’s duty to students, in my view, requires law schools to resist the rhetoric of self-exceptionalism. Law schools, have an obligation, reluctantly or not, to concretely curtail repeated patterns of professional abuse, neglect, dereliction of academic duties, social domination, and student exploitation, that are uniquely embedded in the culture of legal education. Simply put, law student safety needs, coupled with the intricacies and unforgiving consequences of today’s competitive legal job market and high cost of legal education, warrant that law schools resist the impulses that prioritize institutional-preservation and subordinate student mental health under the guise of teaching students the harsh realities of the legal profession and preparing them for legal practice. My work argues that student physical, emotional, mental and academic safety should, and must become a critical component of legal education.


2021 ◽  
pp. 096100062110367
Author(s):  
Siviwe Bangani ◽  
Michiel Moll

The study employed bibliometrics methods to analyse the scattering of 596 journals cited in legal master’s theses and doctoral dissertations in three South African law schools from 2014 to 2018. In addition, the study included an analysis of the extent of citation of different sources and examined the effect of use of non-legal journals by law students. It was found that students used 449.2 documents on average in writing a doctoral dissertation and 110.9 references per master’s thesis. Journals received more citations than any other document formats although 16 master’s theses were completed without citing a single journal. Generally, the journals cited in legal theses and dissertations conform to Bradford’s Law but they differ in their level of conformity by law school. There was a high degree of overlaps between Zone 1 journals in the three law schools. All journals in the core lists were available in all the law schools which was attributed to the strength of collections in these schools. The results support the application of bibliometric analyses to legal master’s theses and doctoral dissertations to make collection development decisions. In making those decisions, however, law librarians would have to look beyond the Zone 1 journals of their own institution for wider access. These results also serve as a caution to law librarians to look beyond the traditional law journals in de/selecting journals, as some of the non-legal journals in this study made it to the core list of cited periodicals. Furthermore, this study points to the strength of library collections in the top law school libraries in the country.


2009 ◽  
Vol 10 (6-7) ◽  
pp. 1087-1094 ◽  
Author(s):  
Janet Leiper

“Eye-opening,” “disheartening,” and “inspiring” are some of the words used by law students who met in 2008–2009 to discuss their mosaic of experience in the field doing public interest work. These students had returned from placements under the first mandatory public interest requirement to be introduced in a Canadian law school (the Osgoode Public Interest Requirement, OPIR). OPIR arose from questions about the relationship between what is learned in law school and what is required to be a professional. Academics have challenged each other to do more to instill an “ethos of professionalism” during law school. Others have suggested that law students who do not receive exposure to the world outside the walls of the law school carry an “idealized conception of the profession” and are often unaware of the many practice contexts available to them. Others have warned that if ethical and professional responsibilities are not modeled and articulated for students, that teaching only the “law of lawyering” does not prepare students for becoming ethical lawyers. Teacher-educator Lee Shulman has bluntly accused law schools of “failing miserably” at connecting its lessons in how to “think like a lawyer” with how to “act like a lawyer.” For years, there have been similar concerns raised about the decline of professionalism among lawyers, both in Canada and in the U.S. A survey of Osgoode graduates revealed that students wanted more opportunities to engage with the community and to experience non-traditional forms of law practice. Osgoode Hall Law School grappled with many of these questions, and in 2007 it approved changes to the curriculum, including a new first year Ethics course (Ethical Lawyering in a Global Community, ELGC) and OPIR. In addition to the more traditional first year mandatory course load, Osgoode Hall law students must also complete ELGC, a minimum of 40 hours of public interest work and then engage in a discussion or written exercise reflecting on their experiences. These reflections are a valuable lens for seeing the profession and the administration of justice through the eyes of first and second year law students. Their experiences remind us in the profession that learning can flow in both directions.


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