scholarly journals Experience the Future of Legal Education

2014 ◽  
Vol 51 (4) ◽  
pp. 849
Author(s):  
Lorne Sossin

This article examines the shift towards experiential legal education and its implications. While others have focused on experiential education as a means of training better lawyers, the author advances the argument for experiential education because it is rooted in substantive problem-solving, access to justice, engagement with communities, and greater opportunities for reflective and critical thinking about law and justice. Drawing on examples from Osgoode Hall Law School, which adopted an experiential curricular requirement in 2012, the article explores the ways in which experiential education may change law school and law students. The article also canvasses the implications of the experiential shift for the future of legal education, and the blurring lines between law school and transitional professional education in law such as articling and Practical/Professional Legal Training Courses (PLTCs). Finally, a number of perspectives and research initiatives are presented to suggest that the benefits of an effectively designed experiential model are far reaching, from a learning environment that caters most effectively to the way in which students learn and access information, to increasing engagement with community needs, to the positive impacts on student wellness. Therefore, the article illustrates the significance of the experiential shift in legal education in the Canadian context as a critical driver in the evolution of the law school and professional legal education.

2020 ◽  
Vol 7 (2) ◽  
pp. 97-115
Author(s):  
Nicholas Ross ◽  
Carly Ardussi ◽  
David Tushaus ◽  
Soe Thiri Win ◽  
Zwe Pyae Sone Lwin

The aim of this article is to use a community needs assessment to teach law students knowledge, skills and values while identifying the areas of greatest need for access to justice services in the community. To begin, the international team of US and Myanmar law faculty and students researched literature on the country of Myanmar and various issues facing Myanmar’s citizens and its legal education system. We also had a team from Missouri Western State University on the ground in Myanmar working with the international non-governmental organization (NGO) BABSEACLE (formerly, Bridges Across Borders South East Asia Clinical Legal Education) to work with faculty and students at the Department of Law, Taunggyi. The team conducted a community needs assessment (CNA) on legal needs in Taunggyi, Myanmar, to better understand community teaching needs. BABSEACLE provides law schools with the tools and opportunities to expand clinical legal education (CLE). The team in Myanmar from Missouri Western State University consisted of Professor David Tushaus and two undergraduate students, Britane Hubbard and Kaylee Sharp, who had the opportunity to teach CLE in English to law students at Taunggyi University. Professor Tushaus served as an international clinician in residence (ICIR). BABSEACLE, operating in Myanmar since 2013, has successfully used ICIRs to introduce and strengthen CLE, by embedding experienced law professors and practitioners at local universities to serve as mentors to neophyte clinical faculty.5


2018 ◽  
Vol 25 (1) ◽  
pp. 210
Author(s):  
Cecilia Blengino

<p>This article discusses the resistance experienced by the clinical legal education movement in Italy due to a widespread legal positivist approach which views law as a self-contained technical subject, and excludes interdisciplinarity from the law school curriculum.</p><p>The choice that the newly-born Italian CLE movement now faces is the option to either become a new socio-legal epistemology of law in action and a social change-maker, or to ascribe to a simple restyling of legal education to include certain practical activities aimed at introducing students to the profession. The future of the movement will depend on whether the rapid increase in the number of clinics will be matched by appropriate reflection on "how clinics might be consciously designed around exposing students to gaps between the law in books and the law in action".</p>


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>


Legal Studies ◽  
2018 ◽  
Vol 38 (3) ◽  
pp. 450-479 ◽  
Author(s):  
Emma Jones

AbstractLaw has traditionally viewed emotions as the enemies of rationality and reason, irrational and potentially dangerous forces which must be suppressed or disregarded. This separation and enmity has been mirrored within undergraduate legal education in England and Wales, with its rigid focus on seemingly impartial and objective analysis and notions such as the ubiquitous ‘thinking like a lawyer’. This paper will argue that attempts to disregard or suppress emotions within the law school are both misguided and destined to fail. It will explore the integral part emotions play within effective legal learning, the development of legal skills, and the well-being of both law students and legal academics. It will also consider how developments in legal scholarship and the evolving climate of higher education generally offer some potential, but also pitfalls, for the future acknowledgment and incorporation of emotions within undergraduate legal education in England and Wales. Bodies of literature relating to not only legal education, but also education generally, psychology and philosophy will be drawn on to demonstrate that emotions have a potentially transformative power within legal education, requiring them to be acknowledged and utilised within a more holistic, integrated form of law degree.


Author(s):  
Sher Campbell ◽  
Katherine Lindsay

In recent years, the Australian legal profession, government policymakers and the nation’s law schools have evinced concern about the future of legal practice beyond metropolitan areas. The issues and suggested responses have been debated in various fora amongst the stakeholders. This paper explores the way in which one regional law schoolwith a distinctive approach to legal education has responded to these issues from an educational and pastoral perspective. Newcastle Law School established its Lawyers of the Future program in 2009. Lawyers of the Future is a multi-faceted initiative, which promotes professional partnerships with the secondary education sector through the Schools’ Visit program, and partnerships with rural and regional professionals through active connections in those areas. The third phase of the Lawyers of the Future program will be the development of rural and regional legal placement sites for senior law students enrolled in Newcastle’s Professional program.Whilst the Lawyers of the Future program has three distinctive and interrelated elements and objectives, it is the placement program that provides the lynchpin. Such a placement program, which is innovative in itself, has a greater educational purpose: the experience of practice in rural and regional areas, together with the process of subsequent engaged and critical reflection, will contribute meaningfully to the development of students’ professional personae in ways which will support an ethos of professional service beyond the narrow confines of practice in the metropolis for the legal conglomerates. 


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. 


2006 ◽  
Vol 46 (2) ◽  
pp. 191-247 ◽  
Author(s):  
Bruce A. Kimball

Case method teaching was first introduced into American higher education in 1870 by Christopher C. Langdell (1826-1906) of Harvard Law School (HLS), where it became closely associated with—and emblematic of—a set of academic meritocratic reforms. Though regnant today, “the ultimate triumph of [Langdell's] system was not apparent” for many years. The vast majority of students, alumni, and law professors initially derided it as an “abomination,” and for two decades case method and the associated reforms were largely confined to Harvard. During the subsequent twenty-five years between 1890 and 1915, a national controversy ensued as to whether case method teaching—and the concomitant meritocratic reforms—would predominate in legal education and, ultimately, professional education in the United States.


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 18 ◽  
pp. 105
Author(s):  
Leah Wortham ◽  
Catherine Klein ◽  
Beryl Blaustone

<p>“There is a science to what we do”</p><p>This article takes its name from the keynote plenary that the authors presented at the 8th International Journal of Clinical Legal Education conference held at Northumbria University in July 2010 The presentation and this article link research on human motivation and well-being to the structure and methods of clinical legal education. The quote above is from a conference participant in response to a question that we posed to small groups at our plenary regarding how the concepts of autonomy support and mastery resonate with their experience in clinical education and legal education more generally.</p><p>Autonomy, mastery, and purpose are the “tripod of Type I behavior” formulated by Daniel H. Pink in his 2009 book, DRIVE: THE SURPRISING TRUTH ABOUT WHAT MOTIVATES US. Pink postulates “Type I” behavior as that driven by intrinsic, self-generated motivations as opposed to “Type X” behavior directed toward extrinsic factors outside the self such as imposed production quotas, bonuses, competitions to “best” others, or avoiding punishments.</p><p>Pink develops a computer-operating-system metaphor to advocate “Motivation 3.0” as an optimal organizing principle for 21st century business built on providing employees opportunities for autonomy, mastery, and purpose as opposed to an outmoded “Motivation 2.0,” which assumes a controlling work environment based on the premise that people respond best to carrots and sticks. Pink’s book cites examples of businesses structured to support autonomy, mastery, and purpose and describes their successes in enhanced creativity, innovation, retaining valued employees, and productivity. He contrasts such businesses with work places organized around specifically dictated job conditions and traditional structures where workers are subject to externally controlled rewards and punishments.</p><p>Pink provides an engaging, easily accessible entry to a body of social science literature on motivation, achievement, and feelings of well-being that also has been applied to legal education. This article seeks to provide user-friendly access to theory regarding the basic human needs for autonomy, mastery, and purpose as well as regarding intrinsic versus extrinsic motivation. The article provides examples of choices clinical teachers can make to promote student learning and feelings of well-being through methods supporting satisfaction of those basic human needs and encouraging students to find their self-driven motivations.</p><p>Part I describes the difference in extrinsic and intrinsic motivation and reviews the negative effects of business and educational models assuming extrinsic motivation to be most effective rather than seeking to stimulate intrinsic motivation. Part II describes the Carnegie Foundation’s Preparation for the Professions project’s call for law schools to focus on law students’ sense of identity and purpose as part of their professional education, as well as noting the similar goal that students learn “how to be” as articulated by the Tuning Project of the Bologna process regarding higher education in Europe. Part III provides basics on the theory of human needs for a sense of autonomy, mastery, and purpose on which the rest of the article is based. Part IV applies work contrasting autonomy-supportive teacher behaviors with controlling instructional behaviors to the clinical context. Part V of the article draws on cognitive psychology, neuroscience, and learning theory to suggest four methods useful for assisting novice law students on the steep road to mastery of lawyering competence within the time constraints of clinical programs and the professional demands of client service. Methods identified also contribute to satisfaction of students’ need for relatedness, which too often is undermined in other parts of law school. Part VI extends the discussion of clinics’ potential contribution to the need for relatedness and focuses on clinical education’s capacity to support development of students’ sense of how a career in law can contribute to their sense of life purpose in being part of something larger than themselves.</p><p>Many of this article’s applications of theory to clinical teaching are from the clinics in which students provide client representation or are engaged in transactional legal problem solving under faculty supervision, the type of clinics in which Professors Klein and Blaustone teach. We think, however, that clinical teachers will be able to see applications of the theory presented to the various types of clinical programs that exist around the world, e.g, street law programs in which students teach community members and externship programs in which students work under the supervision of a lawyer in an organization external to the law school. We hope, like Pink’s book, to offer an accessible gateway to a body of theoretical and empirical work that can help clinical teachers think critically and creatively about both their clinical program’s structure and their teaching and supervision. We hope to inspire teachers to think about ways they might apply this theory toward nurturing the type of life-long self-direction that motivates people to continually seek greater mastery and provides a sense of well-being both now and in the students’ future careers.</p>


2018 ◽  
Vol 25 (3) ◽  
pp. 23-52
Author(s):  
Yvette Maker ◽  
Jana Offergeld ◽  
Anna Arstein-Kerslake

The Disability Human Rights Clinic (DHRC) was established at Melbourne Law School, the University of Melbourne, in 2015.  Its supervisors and students conduct legislative and policy reform projects as well as strategic litigation. The DHRC was created by Anna Arstein-Kerslake to address a significant lack of resources in community-based organisations to undertake in-depth legal analysis. It uses an innovative model of clinical legal education to harness the skills of law students to fill that gap and to expose a new generation of lawyers to the emerging field of disability human rights law. In this article, we draw on our experiences running the DHRC to argue that the model it establishes can create significant scholarly output in the human rights field, direct engagement with the community, and rich doctrinal and experiential learning for students.


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