Clinical Law Teaching & Practice eJournal最新文献

{"title":"Legal Professionals of the Future: Their Ethos, Role and Skills","authors":"J. Flood","doi":"10.2139/ssrn.3315855","DOIUrl":"https://doi.org/10.2139/ssrn.3315855","url":null,"abstract":"The paper examines the nature of professionalism and knowledge that underlie the legal profession and others. I argue that despite the huge effects and consequences of automation, lawyers will always have a role as counselor and trusted adviser. This is embedded in the nature of professionalism, which means lawyers' tasks and roles can't be simply decomposed into sets of tasks as put forward by Susskind.","PeriodicalId":392909,"journal":{"name":"Clinical Law Teaching & Practice eJournal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127942653","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":"Promoting Clinical Legal Education and Democracy in India","authors":"Sital Kalantry","doi":"10.31228/osf.io/uzhde","DOIUrl":"https://doi.org/10.31228/osf.io/uzhde","url":null,"abstract":"Clinical legal education emerged in the United States in the 1960s to give valuable skill-based instructions to law students while providing legal services to people who could not otherwise afford them. This essay proposes another reason why both Indian and American law schools should support the development of law clinics. Drawing on the works of John Dewey and Martha Nussbaum, I argue that clinical legal education promotes democracy. Both elite American and Indian universities are largely unrepresentative of the respective population demographics of their countries. In clinics, law students bridge this divide by undertaking representation for people from different racial, caste, and income backgrounds than themselves. These exchanges generate empathy and knowledge among students about the challenges marginalised groups in the society face. Consequently, they learn to recognise other citizens as equals and to formulate policies that will enhance the welfare of society as a whole. There is an urgent need to formalise clinical legal education programs in Indian law schools both for purposes of enhancing the democracy as well as providing skill-based training to law students and much-needed legal services to the poor.","PeriodicalId":392909,"journal":{"name":"Clinical Law Teaching & Practice eJournal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126486058","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":"Service Delivery, Resource Allocation and Access to Justice: Greiner and Pattanayak and the Research Imperative","authors":"Jeffrey Selbin, Jeanne Charn, A. Alfieri, S. Wizner","doi":"10.2139/ssrn.2003960","DOIUrl":"https://doi.org/10.2139/ssrn.2003960","url":null,"abstract":"In this essay, we reflect on Jim Greiner and Cassandra Pattanayak’s provocative article reporting the results of a randomized controlled trial evaluating legal assistance to low-income clients at the Harvard Legal Aid Bureau. Studying the outcomes of appeals from initial denials of unemployment insurance benefit claims Greiner and Pattanayak asked, what difference does legal representation make? Their answer is that “an offer of HLAB representation had no statistically significant effect on the probability that a claimant would prevail, but that the offer did delay the adjudicatory process.” That is, not only was an offer of legal assistance immaterial to the case outcome, it may have harmed clients’ interests. The Greiner and Pattanayak findings challenge our intuition, experience and deeply-held professional belief that lawyer representation of indigent clients in civil matters is fundamental to the pursuit of justice. Our first reaction is that the study must have fatal conceptual or methodological flaws – the researchers studied the wrong thing in the wrong way. Even when we learn that the study is credible and well designed, we doubt that this kind of research is a worthwhile use of our time or money relative to serving needy clients. Finally, and perhaps most importantly, we worry that the published results will only serve as fodder for the decades-long political assault on legal services for the poor. If replicated across venues, however, studies like Greiner and Pattanayak’s can tell us a great deal about individual representation, program design and systemic access to justice questions. In fact, we cannot make genuine progress in any of these areas – much less marshal the case for more robust legal aid investments and the right to counsel in some civil cases – without better evidence of when, where and for whom representation makes a difference. Fortunately, developments in law schools, the professions and a growing demand for evidence-driven policymaking provide support, infrastructure and incentive for such research. For these reasons, we urge legal services lawyers and clinical law professors to collaborate in an expansive, empirical research agenda.","PeriodicalId":392909,"journal":{"name":"Clinical Law Teaching & Practice eJournal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127002897","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":"Environmental Injunctions and Case Law Review","authors":"Kalpana S. Murari","doi":"10.2139/SSRN.2004307","DOIUrl":"https://doi.org/10.2139/SSRN.2004307","url":null,"abstract":"Jurisprudence relating to environmental injunctions is ever evolving and the time has come to have a standardized parameters for courts to decide whether an injunction should issue or denied. The paper reviews a few of the landmark cases decided by the American courts and need to change the mindset of those jurists who believe that a preliminary injunction is imperative in handling environmental litigation. The arguments presented in the paper has drawn inspiration from Professor John Leubsdorf's writings.","PeriodicalId":392909,"journal":{"name":"Clinical Law Teaching & Practice eJournal","volume":"27 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125682234","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":"Passion, Context, and Lawyering Skills: Choosing among Simulated and Real Clinical Experiences","authors":"Deborah A. Maranville","doi":"10.2139/SSRN.1269071","DOIUrl":"https://doi.org/10.2139/SSRN.1269071","url":null,"abstract":"This article provides a framework for choosing among simulated and real clinical experiences by focusing on three primary achievements of \"clinical methodologies\": generating passion in our students, providing context for their learning, and teaching lawyering skills. On the basis of this framework, the article argues that 1) relying solely on simulation based experiences prior to the third year of law school neglects the \"passion\" dimension of legal education, 2) relatively unsupervised externships or paid work experiences can play a useful role in providing crucially important context for doctrinal learning, but they are not the most effective approach to teaching lawyering skills, and 3) clinical experiences should be integrated into the curriculum during the first and second years of law school.","PeriodicalId":392909,"journal":{"name":"Clinical Law Teaching & Practice eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127963172","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}