International Journal of Clinical Legal Education最新文献

{"title":"A Systematic Quantitative Review of Literature on Social Justice and Clinical Legal Education in Africa","authors":"Anne Kotonya","doi":"10.19164/ijcle.v30i3.1362","DOIUrl":"https://doi.org/10.19164/ijcle.v30i3.1362","url":null,"abstract":"The global spread of clinical legal education programs is punctuated by nuances in clinical practices. These result from the diverse priorities placed on clinic missions, the different legal frameworks and foci of educational curricula as well as variances in political and socio-economic realities among countries and regions. Some aspects of these features are reflected in the few existing systematic reviews of clinical scholarship which focus on clinic sustainability or the European continent. This article is a quantitative systematic review of 61 articles published before 2020 in English language legal journals. It contributes a coherent picture of the development and flow of research on the social justice role of clinical legal education in Africa generally and more specifically, in Kenya and South Africa. The results demonstrate that a small group of authors concentrated in particular countries are driving the publication of studies on particular topics in the continent, with diverse methodological approaches, in journals focused on legal education. They co-authored some publications and were highly prolific in their single-authored works. The results provide researchers exploring this topic with an evidence base to advance global scholarship and inform policy and practice on the social justice and pedagogical roles of clinical legal education.","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"32 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138956430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Clinic as an Exotic Phenomenon in Hungary","authors":"Renáta Kálmán","doi":"10.19164/IJCLE.V27I3.1048","DOIUrl":"https://doi.org/10.19164/IJCLE.V27I3.1048","url":null,"abstract":"<jats:p>.</jats:p>","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78585998","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Resource Implications of Work Integrated Learning and Legal Clinics in Australian Legal System: Managing Workload, System Support and Recognition","authors":"A. Hewitt, Natalie Skead","doi":"10.19164/ijcle.v30i2.1323","DOIUrl":"https://doi.org/10.19164/ijcle.v30i2.1323","url":null,"abstract":"Work integrated learning (WIL) has been embraced as a valuable pedagogy by many Australian law schools, which offer students the opportunity to engage in a variety of WIL including clinical legal education, placements in law firms and industry projects. However, there is widespread recognition that WIL pedagogies have unique resourcing requirements in terms of workload and infrastructure. In addition, there is evidence that academic contribution to WIL pedagogies is not positively regarded in the context of academic advancement. This article explores the resources required to deliver legal WIL and presents novel data about how this is being accommodated by Australian law schools. This analysis informs the development of specific recommendations for Australian law schools on the resourcing of legal WIL.","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"79 5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76806797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Law in the Community Model of Clinical Legal Education: Assessing the Impact on Key Stakeholders","authors":"Lyndsey Bengtsson, Bethany A'Court","doi":"10.19164/ijcle.v30i2.1327","DOIUrl":"https://doi.org/10.19164/ijcle.v30i2.1327","url":null,"abstract":"This article examines a model of clinical legal education where a university law school works in partnership with an external organisation. The partnership enables law students to attend the offices of Citizens Advice during their law degree and under the guidance and supervision of their staff, advise their service users on a range of legal issues. Using data collected from a research study involving student focus groups and semi structured interviews with the Citizens Advice supervisors, this research contributes to the understanding of whether, and how, this model impacts upon law students, Citizens Advice and the local community. This study contributes to the knowledge on the value of this model of clinical legal education from both a pedagogical and social justice perspective. The research raises questions as to how a partnership between a university and external organisation can overcome challenges, ensuring an equivalent clinical experience for all students and that effective feedback is provided to students. The results indicate that there are a clear set of pedagogical benefits to the students and benefits to Citizens Advice with regards to the service they can provide to the local community. The authors argue that this module enables students to engage in transformative and impactful work, whilst obtaining first-hand experience of the access to justice challenges (and other socio-economic issues) faced by their local community. The study will be of interest to clinics who incorporate, or intend to incorporate, an externship model in their curriculum, both in Europe and beyond.","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"63 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80496218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"What can be Learned from International Exchange between Legal Clinics","authors":"Hannah A. Franz","doi":"10.19164/ijcle.v30i2.1333","DOIUrl":"https://doi.org/10.19164/ijcle.v30i2.1333","url":null,"abstract":"“ENCLE” is the European Network for Clinical Legal Education. It is the networks’ goal to connect persons committed to achieving justice through education. ENCLE brings together persons from different countries, who exchange perspectives and work collaboratively from a variety of legal, educational and organizational settings in order to promote justice and increase the quality of law teaching through Clinical Legal Education. The yearly ENCLE conferences are one part of achieving this goal. The 9th conference will take place on July 17 and 18th 2023 in Liverpool. In joyful anticipation of the conference, I would like to share my experiences as a (former) German clinic student at the 8th conference in Brescia, Italy.","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89536111","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Forming Lawyers who can Contribute to Equitable Access to Justice in South Africa","authors":"M. Walker, C. Rawson","doi":"10.19164/ijcle.v30i2.1318","DOIUrl":"https://doi.org/10.19164/ijcle.v30i2.1318","url":null,"abstract":"Drawing on Amartya Sen, this paper proposes that clinical legal education and training should be evaluated in the light of contributions to wellbeing and agency freedoms, foregrounding people’s capabilities as an appropriate metric for judging access to justice. The context is post-apartheid South Africa and aspirations towards transformative Constitutionalism which seeks to operationalize values of dignity, equality and freedom for all. The role the legal system, mediated by legal practitioners, should support Constitutional values and the public good as envisaged by the National Standards for university legal education. This challenge is explored in the article, drawing on a qualitative interview study. The researchers interviewed candidate attorneys across six University Law Clinics to identify the professional capabilities they valued for the purposes of contributing to enabling people to flourish in their everyday lives. Transformative Constitutionalism further suggests a set of capabilities which legal practice should enable. Through the perspectives and voices of practitioners, valued legal capabilities and the corresponding university education and training practices are also identified. The idea of legal capability is developed and broadened both conceptually and empirically, building on work both by Atkins and Habbig and Robeyns. The claim is made that legal education, lawyers’ professional capabilities, and transformative Constitutionalism should be grounded normatively in a capabilities metric of justice and hence what matters for people’s wellbeing and agency freedoms.","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"76 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86069786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Barriers to the CLE Practice in Russia, in Comparison Light with the European Union and the United Kingdom","authors":"A. Kislova","doi":"10.19164/ijcle.v30i2.1345","DOIUrl":"https://doi.org/10.19164/ijcle.v30i2.1345","url":null,"abstract":"Clinical legal education (CLE) is commonly used to refer to a law teaching method that incorporates experiential learning aimed at development of students’ legal knowledge and skills. At the same time, CLE also has social justice mission as it serves the needs of vulnerable members of society. Like any other teaching methods, CLE requires a specific environment and factors to be in place to embrace its mission at maximum level and to allow its learners to reach pre-defined learning outcomes. While researching in three Western European university legal clinics, and then studying the legal clinics in Russia, I have reached the conclusion that CLE in Russia cannot fully exploit its mission and reach its objectives. While some barriers that prevent Russian universities to effectively run CLE are obvious, there are also the ones which will be new to a reader. Below I discuss the factors that could be considered as barriers preventing CLE practice in Russia to be effective in driving for its mission and goals, both from educational and social justice perspectives.","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77367436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Law Tech Clinic: Leading the way in Entrepreneurial Law Clinics","authors":"J. Weinberg, R. Hyams","doi":"10.19164/ijcle.2023.1349","DOIUrl":"https://doi.org/10.19164/ijcle.2023.1349","url":null,"abstract":"Globalisation, economic forces and technological advancements are changing the way law is practised. Clients are seeking innovative solutions to an increasingly broad range of legal challenges. They want greater connectivity and streamlined delivery of legal services. The rate of change has accelerated in response to remote working, with the digital maturity of legal firms advancing more rapidly than ever before, utilising technology such as electronic billing practices, digital mailrooms, e- discovery, digital document signing and workflow automation. \u0000Newly developed and deployed legal technology within the sector has increased demand for lawyers with the skills to adapt and thrive in a technological environment. Law firms favour graduates with a ‘technology mindset’ and aptitude to think beyond the traditional professional services model. The Monash University Faculty of Law, one of the leading law schools in Australia with a pioneering clinical program, has established a Law Tech Clinic (LTC). The LTC provides a unique opportunity for students to work on real client matters and receive end-to-end industry input to develop client-ready applications. \u0000This paper describes the LTC’s structure and how the clinic is designed to educate students on the changing demands of the legal industry, providing practical knowledge on legal technology usage to advance legal services. This paper outlines how the LTC enables students to develop professional and practical legal skills that will help them become successful entrepreneurial lawyers, adept at integrating technology with innovative legal services. Further, this paper demonstrates how the Monash Clinical Program, with a strong focus on best practice in clinical legal education, provides a perfect forum to run such a clinic. We demonstrate how students work with technological systems to assist industry partners, law firms and other organisations and provide accessible legal services to their clients.2 Finally, this paper highlights how the LTC educates students on technological advances in legal practice, equipping them with frameworks for the knowledge, skills and attributes to be technologically proficient future legal practitioners. Although this discussion is in the Australian context, it can also apply to other jurisdictions as the associated issues with legal technology and its effects on legal practice are occurring globally.","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76180065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Frustrating Times: Notes from the Field","authors":"Stephanie Jones","doi":"10.19164/ijcle.2023.1298","DOIUrl":"https://doi.org/10.19164/ijcle.2023.1298","url":null,"abstract":"Business Law Clinics’ involvement in advising Small and Medium Sized Enterprises (SMEs) reached an interesting crescendo during the pandemic as businesses were often left high and dry by business customers and suppliers who could or would not fulfil their contractual obligations. SMEs, often sole traders or limited companies with no business premises, found themselves unable to access government support and facing insolvency. Many had no contracts in place, or they sought to rely on their terms and conditions of business only to find them lacking due to reasons grounded in law (there is no freestanding concept of force majeure under English law and if a contract is silent on it, English law will not imply it) or process (lack of incorporation of terms through their own fault). In this note I seek to examine the impact of the pandemic on the concept of force majeure and contractual remedies for SMEs in the UK and to contemplate the role of business law clinics in advising SMEs on the use of terms and conditions in business-to-business (B2B) contracts as part of successful operations in the post-Covid world. Drafting sets of terms and conditions for SME clients is a perfect vehicle for meeting the goals of a university business law clinic – community engagement with local SMEs providing them with fast, tailored advice with a bespoke tangible document to take away plus student experience of real- world learning in commercial law (experience which is not always readily available for students outside the big cities).","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79580381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Thinking Like Entrepreneurs: Qlegal’s Experience of Teaching Law Students to have an Entrepreneurial Mindset","authors":"E. Platts-Mills, Emily Wapples","doi":"10.19164/ijcle.2023.1317","DOIUrl":"https://doi.org/10.19164/ijcle.2023.1317","url":null,"abstract":"To advise a client you need to understand what they do. To provide truly innovative, client-centred advice, you also need to understand how they think. These observations are especially true when working with entrepreneurs who may be otherwise inclined to move forward with their business with or without legal guidance.\u0000Entrepreneurs are distinguished by their growth mindset and resilience, appetite for innovation and comfort with taking risks and doing things themselves. As the legal marketplace in the UK becomes increasingly competitive (due to legal technology and the growing number of alternative legal service providers), law students need to adopt an entrepreneurial mindset themselves, both to navigate the legal marketplacefor their own careers and to provide commercially aware legal services to their clients. Law schools need to teach law students to think like entrepreneurs, and commercial law clinics provide the natural setting.\u0000This paper adopts a qualitative case study approach to examine how qLegal, the pro bono commercial law clinic within the Centre for Commercial Law Studies (“CCLS”) at Queen Mary, University of London (“QMUL”) teaches students to develop an entrepreneurial mindset. We reflect on the importance of students learning about and developing this mindset, for their own professional development and to service the unmet legal needs of the start-up community. This paper will also highlight the challenges faced by qLegal staff, including our own legal training and experience, our obligations to real clients and our students’ expectations. We conclude by sharing examples of how we are currently teaching our students to have an entrepreneurial mindset and our ideas for overcoming our institutional challenges and improving our offering even more.","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"119 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81586310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}