International Journal of Clinical Legal Education最新文献

{"title":"Pro Bono in Law Schools: Tracking the Effect of Pro Bono Service in an Australian University Law Clinic","authors":"F. Cantatore","doi":"10.19164/IJCLE.V27I1.878","DOIUrl":"https://doi.org/10.19164/IJCLE.V27I1.878","url":null,"abstract":"It has been widely acknowledged that pro bono service in law clinics and university access to justice initiatives have a positive impact on students, especially in relation to increasing their graduate employability skills. However, little empirical evidence exists in respect of the extended benefits of pro bono service during students’ studies in relation to the students themselves once they enter the workforce, as well as data on the perceived benefits by recipients of the pro bono services. This article explores the impact of pro bono service by university students in a university law clinic from two perspectives, namely that of the graduates themselves after they enter legal practice; and that of the community members who are clients of the pro bono clinics. In the context of a pilot project dealing with these two issues, the author investigates: first, the incidence of continuing pro bono service once law graduates enter legal practice, and the motivating factors for their ongoing involvement in pro bono (or lack thereof), by surveying a group of clinic alumni of a Commercial Law Clinic held at Bond University; and second, the perceived benefits reported by clients of the same law clinic over a period of approximately five years.","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"32 1","pages":"101-136"},"PeriodicalIF":0.0,"publicationDate":"2019-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73054170","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":"Why Lawyers and Legal Educators Should Care About (Epistemic) Justice","authors":"M. Walker","doi":"10.19164/IJCLE.V27I1.915","DOIUrl":"https://doi.org/10.19164/IJCLE.V27I1.915","url":null,"abstract":"Society shapes the law and the law, we hope, might shape society for the better in turn. Legal traditions and practices therefore surely ought to secure for all citizens the prerequisites of a life worthy of human dignity. In a speech to the Routledge-Modise Law School in Johannesburg in September 2008, Justice Kate O’Regan [1] drew on Antony Kronman’s theory that one of the main characteristics identifying the practice of Law is that it is directly concerned with the public good. Lawyers have a responsibility to foster the legal system and the rule of law; at times, this might require them to suggest new laws or legislation; at other times, it might require them to criticize judgments which may not appear correct; at other times, they may need to protect the rule of law itself. [1] O’Regan, K. ‘Lawyering in Our New Constitutional Order.’ (2009). UCT News Alumni Magazine cited in Walker. M. Higher Education Pedagogies . (2016) Maidenhead: Open University Press & SRHE","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"207 1","pages":"5-46"},"PeriodicalIF":0.0,"publicationDate":"2019-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83579979","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":"Ten years of Prague Street Law: Lessons to learn from our first decade","authors":"M. Urban, Tomáš Friedel","doi":"10.19164/IJCLE.V26I3.865","DOIUrl":"https://doi.org/10.19164/IJCLE.V26I3.865","url":null,"abstract":"Prague Street Law programme has been, at least to our knowledge, the longest, still running, Street law programme in the post-soviet area. In comparison with Street Law programmes in other parts of the world, passing a ten-year post may not appear that impressive. For an eastern and continental European legal literacy clinic it, however, represents an important landmark and an opportunity to stop, reflect and reconsider – and celebrate, too. Even though we have not yet perhaps come of age, there might be a younger programme interested in an older sibling’s experience, or indeed an older sibling interested in how their younger mate is doing. Our paper offers a brief description of the current programme, followed by a discussion of what we believe are ‘good’ practices that helped us to build up and sustain the programme. We also identify aspects that are better avoided. Briefly, we also share our current concerns and struggles. We hope that the paper will serve as an inspiration for those who are considering starting or expanding their own Street Law programme. It is no doubt a tribute to all those who helped us along our path.","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"65 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74888416","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":"Clinical Legal Education: Innovating Legal Education in Europe","authors":"P. McKeown","doi":"10.19164/IJCLE.V26I3.858","DOIUrl":"https://doi.org/10.19164/IJCLE.V26I3.858","url":null,"abstract":"","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"119 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90526539","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":"Pro Bono Legal Work: The disconnect between saying you’ll do it and doing it","authors":"Vinny Kennedy","doi":"10.19164/IJCLE.V26I3.860","DOIUrl":"https://doi.org/10.19164/IJCLE.V26I3.860","url":null,"abstract":"Pro bono is a significant component of one of the many professional obligations a lawyer has to fulfil for the public good. It is evident that this is acknowledged by not only those who practice law, but those who are training to be a lawyer and by the professional bodies. Despite this acknowledgement there is a clear disconnect between the importance placed on delivering pro bono services and the actual delivery of the same. There have been previous suggestions that in order to increase the commitment to pro bono work, there is a need to mandate its delivery. However, the notion of mandatory pro bono work has always been dismissed and therefore it is now appropriate to consider other ways in which a commitment could be encouraged and adopted. This paper will consider the reasons why the profession, at all stages, considers pro bono to be such an important social function and whether such motivations are sufficient to sustain a commitment throughout a lawyer’s career. Such considerations will be made from the perspective of a solicitor in England and Wales, as this is connected to the author’s own pro bono experience. The paper will also consider why there is a disconnect, and what the rationale is for non-participation in pro bono work once in practice. It will consider the key barriers to full participation and recommend action that ought to be taken in order to develop a pro bono culture and therefore commitment.","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87825348","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 'Second Wave' of Spanish Clinical Legal Education: Empirical, Pedagogical and Institutional Lessons for a Pilot Course and Program at the University of Granada","authors":"Masao Sako, Eduardo R.C. Capulong, Andrew King-Ries, Pilar Fernández Artiach","doi":"10.19164/IJCLE.V26I3.863","DOIUrl":"https://doi.org/10.19164/IJCLE.V26I3.863","url":null,"abstract":"Spanish clinicians today benefit from the ‘first wave’ of early adopters. We also benefit from decades of clinical scholarship — most recently about the Western European and global clinical legal education movements — and empirical data on what lawyers actually do and need in practice. In this article, the authors summarize key empirical, pedagogical, and institutional lessons to ground the creation of a pilot course and program at the University of Granada.","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"99 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79304188","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":"Clinical Legal Education in Malta: Learning from experience and identifying the challenges","authors":"D. Zammit, A. Kislova","doi":"10.19164/IJCLE.V26I3.864","DOIUrl":"https://doi.org/10.19164/IJCLE.V26I3.864","url":null,"abstract":"This paper introduces the reader to clinical legal education in Malta by: 1) outlining how the internal hybridity of the Maltese legal system and the juxtaposition of English and Continental models in Maltese legal education have influenced the development of the Law Clinic at the University of Malta; 2) describing how the Maltese clinical model operates currently; 3) reviewing the experiences of students involved in clinical work.","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74075231","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":"Representing the Other: A Case for Interdisciplinary Clinical Legal Education: Example of the Human Rights and Migration Law Clinic","authors":"J. Bogićević","doi":"10.19164/IJCLE.V26I3.862","DOIUrl":"https://doi.org/10.19164/IJCLE.V26I3.862","url":null,"abstract":"From January 2018 until late July of the same year, I had an opportunity to participate in the Human Rights and Migration Law Clinic (hereafter HRMLC or ’the Clinic’) in Torino, where I got a chance to experience working with the asylum seekers, interviewing them, writing their Legal Memo as well as preparing them for the hearing in front of the Territorial Commission (Italian First Board Commissions). An important aspect of the Clinic in question is the fact that it is conducted in cooperation with the Department of Anthropology and it involves anthropology students in the work with the asylum seekers. From the very beginning, it was apparent to me why they have opted for the involvement of anthropologists. I was surprised to see how much anthropological training in recognizing and being aware of Eurocentric (or any other kind of) presuppositions can be useful in recognizing and understanding cultural misunderstandings that happen on a daily basis in the asylum claiming process, as it is now in Italy. Even so, the idea for this paper became clear to me only when I attended the first meeting anthropology students had with their supervisor, Professor Beneduce. The feedback students gave to their professor and in turn, his observations made me inspired to write the paper that is before you.","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90855214","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":"Networking: A (Un)Necessary Evil in an Unsettled Market?","authors":"Kerry Trewern, Rhona McNair","doi":"10.19164/IJCLE.V26I3.866","DOIUrl":"https://doi.org/10.19164/IJCLE.V26I3.866","url":null,"abstract":"Networking can be an unpopular concept, and an anxious prospect for many of our students. Yet the very act of working with peers under the guidance of legal practitioners as part of CLE is, technically, networking. Student engagement with our various workshops, competitions, pro bono offerings and social events fall into the same category. Since so much of CLE therefore involves networking, and since it is highly valued by employers, is networking any different from the other vital skills taught in CLE, such as drafting or advocacy? Seen in this light, are we doing our students a disservice if we don’t teach them how to network properly? And if networking is something that ought to be taught, what teaching methodology/ies should we employ in doing so?","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87860618","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 Education in the Next Future","authors":"Laura Bugatti","doi":"10.19164/IJCLE.V26I3.859","DOIUrl":"https://doi.org/10.19164/IJCLE.V26I3.859","url":null,"abstract":"The legal profession is facing a new working environment marked by increasing globalisation, competition, technological advances and deregulation. Furthermore, the economic perspective imposed by the European Union – which leads us to consider lawyers as business as well as professionals – is having a profound impact on national regulations. Nobody would doubt that the intellectual professions have experienced a deep transformation whereas competition rules – originally addressing more traditionally commercial ventures – have begun to penetrate in this different area. In this time of changes, the ‘qualitative entry restrictions’ – taking the form of minimum periods of education (and related educational standards), post-university vocational training and professional examinations – are maintaining a key role: ensuring that only practitioners with appropriate qualifications and competence can supply their legal services in the internal market.The first part of this paper is devoted to analysis of the evolution and changes involving legal education in European countries, adopting a comparative and historical perspective. Member states have the right to regulate professional services, and they have the primary responsibility of defining the framework in which professionals operate; therefore, regulation of legal education is, first and foremost, a national matter. Nevertheless, a historical overview of the different systems shows that even if the starting points of the different traditions are very distant, sometimes even opposite, there are some common trends in the evolution that are going to create a harmonization in the field of legal education. In particular, every system is going to create a pathway to enter in the legal profession that ensures both academic studies and professional training, combining the theoretical knowledge with practical aspects.The second part of the paper focuses on the new role embraced by the law schools, arguing that the new mission of law schools is, at least in part, to contribute to the creation of legal practitioners. In fact, it seems that the division between exclusively academic theoretical study and post-university vocational training is today unsustainable. Considering the law schools’ new obligation to create both ‘theoretic and practical’ scholarship and the consequent shift towards more skills-based legal education, the second part of the paper will be devoted, in particular, to the analysis of the fundamental role that clinical legal education should play in this process of reform.","PeriodicalId":31794,"journal":{"name":"International Journal of Clinical Legal Education","volume":"76 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88115476","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}