scholarly journals RETHINKING OF LAW SCHOOLS IN TIMES OF SYSTEMIC CHANGE. HOW TO BRING LAW SCHOOL INTO TWENTY-FIRST CENTURY? POLISH PERSPECTIVE

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.

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.


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”.


2016 ◽  
Vol 23 (5) ◽  
pp. 33
Author(s):  
Les McCrimmon ◽  
Ros Vickers ◽  
Ken Parish

<p>It has been suggested that the “Digital Age provides an opportunity to revitalize and modernize legal education and to make it more individualized, relevant, human, and accessible”. Delivery of law degree programs fully online is one way the internet has begun to change, if not (yet) revolutionise, legal education in the twenty-first century.  In Australia, law students have been able to obtain their law degree online for a number of years.  Online clinical legal education, however, is still in its infancy.</p><p>In this article, the authors argue that the greater use of technology in legal education is inevitable, and law schools offering degrees fully online will continue to increase, at least in Australia. The rewards and risks of online legal education are considered from the perspective of a law school in which over 80% of its 855 students study law fully online. The development and implementation of clinical opportunities for students studying online also is discussed.</p><div><div><p> </p></div></div>


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.


Obiter ◽  
2014 ◽  
Author(s):  
Theo Broodryk

This article will explore the use of writing-intensive courses across the law curriculum, vested in the belief that writing, as an articulation of thinking, enhances learning where it is meaningfully and intentionally embedded into a course structure. The article commences by pointing out that law students often regard the writing process and the critical thinking process as mutually exclusive and therefore fail to appreciate that writing is in fact the end-result of a process of argumentation or analysis. As a result of students‟ inability to engage effectively in a process of critical thinking, they tend to reach closure too quickly when presented with a critical-thinking problem. Consequently, students often fail to engage in a process of exploratory thinking, enabling them to suspend judgment and to enter into the spirit of opposing views. The article specifically focuses on the writing strategy recently implemented by the Faculty of Law, Stellenbosch University with the primary aim of establishing a coordinated approach to the development of research and writing skills within the LLB programme as an integral part of legal education within the Faculty. The Strategy is intended to enhance the writing and research skills of LLB students through a number of interrelated interventions implemented across the entire LLB programme. A principal aim is to inculcate both generic and specific writing skills in LLB graduates in a manner that is integrated into the curriculum. A key component of the Strategy, on which the article will focus, entails the identification and development of writing-intensive courses in terms of which writing and research assignments are integrated into substantive courses. Writing-intensive courses support the notion of “writing to learn” as opposed to “learning to write” and thus encourage critical thinking. They are assignment-centred rather than text- and lecture-centred; they are structured so as to enable exploratory thinking (and thus writing); they encourage students to become actively involved in their own learning processes; and they consist of assignments that require students to arrive at well-reasoned conclusions and solutions, testing them against relevant criteria and standards, justifying their ideas in writing or other appropriate modes. In these courses, students are instructed on writing skills alongside the substantive content of the particular course and given exercises to develop such skills with reference to the substantive content of the course. Each course is focused on specific writing skills and successive courses are focused on developing these skills. The article concludes by dealing with the practical difficulties and benefits associated with the development of writing-intensive courses, one of which is the fact that students not only develop generic writing skills, but they also develop specific writing skills within the academic discourse of our environment – they therefore do not only learn to write, but to write in law.


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