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Book part
Publication date: 22 December 2016

Gemma Smyth

The initial purpose of this study was to examine the educational needs and perceptions of students and clinicians in Canadian legal clinics.

Abstract

Purpose

The initial purpose of this study was to examine the educational needs and perceptions of students and clinicians in Canadian legal clinics.

Methodology/approach

The author conducted a literature review of leading educational materials in Canada and the United States focusing on required or preferred competencies for law students. The author then interviewed law students, clinicians, social workers, and community legal workers from across Ontario, Canada, all of whom were working or studying at law school-affiliated legal clinics. Interview subjects were asked a series of questions about their learning experiences in hopes of informing the creation of clinical teaching and learning materials.

Findings

The data revealed an under-reliance of the affective elements of teaching, learning, and practice in both existing literature and current teaching practices. The data also revealed deep structural divides between doctrinal and clinical teaching and learning approaches.

Originality/value

Without further integration between these two approaches, students and, ultimately, communities and clients will not reap the benefits possible from an integrated curriculum.

Details

Integrating Curricular and Co-Curricular Endeavors to Enhance Student Outcomes
Type: Book
ISBN: 978-1-78635-063-3

Keywords

Book part
Publication date: 9 April 2021

Irene Antonopoulos and Omar Madhloom

The global Clinical Legal Education (CLE) movement transcends borders as law teachers worldwide try to inculcate law students and future legal practitioners with social justice…

Abstract

The global Clinical Legal Education (CLE) movement transcends borders as law teachers worldwide try to inculcate law students and future legal practitioners with social justice values. One method of achieving this is through developing reflective practitioners. Kolb, finding common ground in the work of Lewin, Dewey, and Piaget, formulated the four stages in the experiential development of concrete experience, reflective observation, abstract conceptualization, and active experiment. Although Kolb’s model is used in legal education literature, students may not be provided with the relevant conceptual tools required to engage in reflective practice. This often results in students providing subjective analysis of their work, which fails to fully contribute to their educational experience. One of the reasons for omitting analytical tools is that reflective practice suffers from a lack of conceptual clarity. According to Kinsella, the “concept remains elusive, is open to multiple interpretations, and is applied in a myriad of ways in educational and practice environments”. A further issue hindering reflective practice relates to Donald Schön’s critique of the positivist approach adopted by law schools.

This chapter will apply a human rights framework to CLE to develop reflective practitioners. The two main reasons for this are, first, human rights as formulated by the Universal Declaration on Human Rights are universal, interrelated, and indivisible and, second, reflection based on these universal human rights values will benefit cross-jurisdictional societies in assisting vulnerable clients affected by emerging implied and direct human rights challenges.

Details

International Perspectives in Social Justice Programs at the Institutional and Community Levels
Type: Book
ISBN: 978-1-80043-489-9

Keywords

Article
Publication date: 10 July 2023

Ana María Zorrilla Noriega and Marco Sánchez Arias

The paper enriches the understanding of the principal challenges faced in future lawyers' education in Mexico considering global trends, particularly from the perspective of…

Abstract

Purpose

The paper enriches the understanding of the principal challenges faced in future lawyers' education in Mexico considering global trends, particularly from the perspective of skills creation in diverse areas of legal practice.

Design/methodology/approach

The framework used draws on trends identified within an international collaborative research study in which both authors participated, titled “Developing a Blueprint for Global Legal Education”. This current paper stems from the premise that these recommendations can be further developed and better utilised if explored within a specific context. The methodology designed for this research consisted of two main components: a thorough analysis of the norms that regulate the education system and the professional practice in Mexico, and an extensive literature review that provided insights into the state of global trends in legal education.

Findings

This paper reveals that in Mexico having a well-designed and comprehensive legal framework is the first step to promote the creation of high-quality educational models.

Practical implications

The study analyses the current situation in Mexico within four global trends: (1) regulation of legal education and access to the profession; (2) building professional practice skills; (3) internationalisation of education and (4) incorporation of technology and responsible innovation.

Originality/value

The reflections are intended to promote better training of law students in the skills required to face the various challenges that the legal profession currently involves. This is under an approach that analyses global challenges and identifies the best practices to connect learning processes with in-demand professional skills.

Details

Higher Education, Skills and Work-Based Learning, vol. 13 no. 6
Type: Research Article
ISSN: 2042-3896

Keywords

Article
Publication date: 5 October 2012

Christopher Walsh, Bruce Lasky, Wendy Morrish and Nada Chaiyajit

Building local capacity to protect public health and promote social justice with stigmatized populations disproportionately at risk of HIV infection is difficult regardless of…

Abstract

Purpose

Building local capacity to protect public health and promote social justice with stigmatized populations disproportionately at risk of HIV infection is difficult regardless of context. The purpose of this paper is to document an international collaboration's approaches to integrate sexual rights and community legal education into two HIV online peer outreach and prevention (OPOP) programs in Chiang Mai, Thailand.

Design/methodology/approach

This paper documents an international collaboration's approaches to integrate sexual rights and community legal education into two HIV online outreach and prevention programs (OPOP) in Chiang Mai, Thailand. The project's goal was to increase access to justice alongside HIV prevention and education.

Findings

The paper illustrates how a clinical legal education (CLE) externship clinic can provide an opportunity for law students and advocates for justice to make an authentic contribution to assisting others, very different from themselves, in overcoming legal injustices in Thailand.

Originality/value

The paper argues that the CLE externship clinic provides a productive framework for designing e‐democracy initiatives with future lawyers and advocates for justice to achieve a greater understanding of and synergy with the dynamic relationships between academic knowledge and its practical application to the legal and justice issues that will arise in the diverse communities they may work in the future. Furthermore, the paper also argues, that to improve e‐democracy, equity and social justice, practitioners now need to acknowledge that technology is part of a suite of resources when it comes to HIV prevention and promoting human, legal and sexual rights, it is not simply the solution.

Details

Transforming Government: People, Process and Policy, vol. 6 no. 4
Type: Research Article
ISSN: 1750-6166

Keywords

Book part
Publication date: 18 July 2013

Vicki Lawal, Christine Stilwell, Rosemary Kuhn and Peter G. Underwood

This chapter examines the efforts undertaken to restructure the legal education system in South Africa and Nigeria. It investigates the connection between contextual influences…

Abstract

This chapter examines the efforts undertaken to restructure the legal education system in South Africa and Nigeria. It investigates the connection between contextual influences and professional development, particularly with respect to the concept of legal information literacy and the value of acquired educational skills in the context of legal practice. The chapter provides insights to the needs and challenges for graduate requirement for legal information literacy skills in the effort to ensure productivity in the legal education system in Africa. Data were obtained using both quantitative and qualitative approaches. Outcomes from the study were supportive of the importance of information literacy as central to the development of professional competence. Findings also point to a need for greater collaboration between the legal education system and the legal profession in narrowing the gap between the teaching and practice of law specifically in the design and implementation of an information literacy framework for the legal education system.

Details

Developing People’s Information Capabilities: Fostering Information Literacy in Educational, Workplace and Community Contexts
Type: Book
ISBN: 978-1-78190-766-5

Keywords

Book part
Publication date: 3 September 2020

Mikah K. Thompson

For more than two decades, clinical legal education scholars have touted the value of cultural competence. Professors, practitioners, and law school administrators now agree that…

Abstract

For more than two decades, clinical legal education scholars have touted the value of cultural competence. Professors, practitioners, and law school administrators now agree that experiential learning opportunities not only provide students with exposure to real clients and organic factual scenarios but also offer students the opportunity to work with diverse individuals. Indeed, because cultural competence is so important to the lawyer–client relationship, many clinical programs offer classroom instruction on cultural competence before allowing students to interact with clients.

Generally, clinical education is reserved for upper-level law students while first-year students spend their time immersed in doctrinal courses and a legal writing and analysis course. Clinical faculty have no opportunity to introduce cultural competence skills to law students unless they enroll in a clinic. As a result, many students receive no training in cultural competence.

This chapter proposes a framework for introducing cultural competence during the first year of law school. The central focus of the framework is the concept of cultural self-awareness. Through an education in cultural self-awareness, students will learn that they are cultural beings whose perspectives on the law are colored by their own life experiences and any attending biases. They will also learn that judicial decision-makers, like other human beings, are influenced by their culture. This approach is necessary to disabuse first-year law students of the notion the law is objective, gender-neutral and colorblind. The chapter offers specific strategies for a Torts course, but the general concepts are applicable to the other first-year courses.

Details

Cultural Competence in Higher Education
Type: Book
ISBN: 978-1-78769-772-0

Keywords

Article
Publication date: 16 March 2015

Alperhan Babacan and Hurriyet Babacan

The purpose of this paper is to discuss the current context, scope and problems in the provision of work-integrated learning (WIL) in legal education and how the adoption…

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Abstract

Purpose

The purpose of this paper is to discuss the current context, scope and problems in the provision of work-integrated learning (WIL) in legal education and how the adoption transformative pedagogies in WIL which is offered in legal education can foster personal and social transformation in addition to enhancing lawyering skills. The paper draws on learning from Australia, England and the USA.

Design/methodology/approach

The backdrop of this conceptual paper is WIL and transformative education. The text begins with a critique of existing WIL frameworks and practices in legal education in Australia, England and the USA. This exposes a focus on skills enhancement at the expense of social and personal transformation. Drawing on transformative learning, the paper proposes practices which can be used in WIL offered in legal education to enhance personal and social transformation.

Findings

There is very little literature on how legal education and WIL in legal education can enhance personal and social transformation. Tensions continue to exist between the predominant aim of instilling the legal skills necessary to ensure that graduates are prepared for legal practice through WIL programmes and between the need to simultaneously enhance critical consciousness and social transformation necessary for active participation in social and professional life.

Research limitations/implications

More research is required on the best manner in which the ideals and practices of emancipatory education can be installed within WIL programmes so as to successfully reduce the tensions between the instilling of legal skills required to practice law and the need to train students to be holistic, critical and constructive thinkers.

Practical implications

The suggestions made in this paper provide a framework to adopt critical pedagogies in the provision of WIL in legal education. The theoeretical and practice-based suggestions presented in this paper are also relevant to other professional disciplines where personal transformation is desired.

Originality/value

The literature on legal education predominantly focuses on enhancing lawyering skills and competencies and there is an absence of the utilisation of transformative pedagogies in legal education generally and WIL offered in legal education. Drawing predominantly on the literature and practices relating to legal education in Australia and incorporating comparative insights from England and the USA, the paper contributes to the broader literature on transformative learning. Most significantly, the paper contributes specifically to the use of transformative pedagogies in WIL offered in legal education through the suggestion of practices relating to critical reflection and dialogue which are not commonly used in legal education.

Details

Education + Training, vol. 57 no. 2
Type: Research Article
ISSN: 0040-0912

Keywords

Article
Publication date: 15 June 2020

Oludayo John Bamgbose

The research sought to explore the role of public law libraries in advancing the net of persons who could access justice, using the law clinic in Nigeria as a gateway. It also…

Abstract

Purpose

The research sought to explore the role of public law libraries in advancing the net of persons who could access justice, using the law clinic in Nigeria as a gateway. It also examined how public law libraries could fit in drawing justice closer to the people using law clinics.

Design/methodology/approach

In achieving the research intentions, the researcher adopted mixed research approach. For the doctrinal method, the study embraced a desktop review of relevant literature on law clinic, access to justice and law libraries. For non-doctrinal method, the researcher brought to bare, his observation, experience and participation in clinical legal education, law clinic and law librarianship for a period of almost a decade. The literature and the experience of the researcher formed the basis on which the paper was developed.

Findings

The findings from this research reveal that access to justice is constrained by a number of factors that make it impossible for many Nigerians to access justice. The study further brings to the fore the role of law clinics in widening the gap of access to justice. In addition, the place of public law libraries in expanding the frontiers of access to justice is further underscored.

Originality/value

Not minding the potentials of public libraries in advancing access to justice world over, perusal of literature reveals that there is dearth of literature on the role of public law libraries in advancing access to justice through the instrumentality of law clinics in Nigeria. This research appears to be pioneering research in this regard.

Details

Library Management, vol. 41 no. 6/7
Type: Research Article
ISSN: 0143-5124

Keywords

Article
Publication date: 2 July 2018

Robert Collinson, Alice Diver and Sharon McAvoy

The purpose of this paper is to present a case study of an innovative, three-module pathway designed by the Department of Law and Criminology at Edge Hill University (England) in…

Abstract

Purpose

The purpose of this paper is to present a case study of an innovative, three-module pathway designed by the Department of Law and Criminology at Edge Hill University (England) in 2014. In addition to supporting the work of its campus pro-bono law clinic, the first-two modules aim to enhance and evidence the legal skills of EHU’s undergraduate LLB students, to embed a deeper awareness of the (legal) ethics needed for sustainable legal practice (within PRME), and to highlight the increasing need for socially responsible advocates, able to defend the rights of marginalised, vulnerable clients.

Design/methodology/approach

The critical analysis of the content and scope of an innovative, work-based learning LLB module pathway, which furthers the aim of the UN Global Compact and the PRME, and ties them firmly to socio-legal issues and advocacy involving recent jurisprudence.

Findings

The case law used within the modules, and the practical work of the students in the campus law clinic, are relevant to social justice issues and to the promotion of PRME values—they promote awareness of human rights principles, highlight the importance of access to legal services and provide students with knowledge of legal ethics. Enhanced employability skills flow from this.

Research limitations/implications

This is a narrow case study but still provides a useful analysis of an innovative, PRME relevant module pathway. The model mirrors international trends in clinical legal education and also offers a template for other law schools keen to promote the concept of ethical, just legal practice.

Practical implications

The paper posits that enhanced employability can flow from real world tasks such as advocacy for marginalised or disadvantaged groups and presents an exemplar for other law schools wishing to embed ethics/clinical law practice into their curriculum.

Social implications

The paper highlights how the campus law clinic serves the public in a deprived region—it raises awareness of human rights and of social justice issues. It has the potential to feed into litigation on social welfare issues (housing, social security, child welfare, etc.).

Originality/value

The discussion of the human rights case law that is used in the Year 2 “bridging module” (which prepares students for working in the law clinic in their final year) is particularly relevant and is analysed in detail, highlighting how this module pathway is aimed at promoting PRME and UN Global Compact principles.

Details

Higher Education, Skills and Work-Based Learning, vol. 8 no. 3
Type: Research Article
ISSN: 2042-3896

Keywords

Book part
Publication date: 13 August 2012

Laurie Swinney and Bruce Elder

The accounting, medical, and legal professions share characteristics common to peer-reviewed professions. These professions also share challenges to professionalism. All three…

Abstract

The accounting, medical, and legal professions share characteristics common to peer-reviewed professions. These professions also share challenges to professionalism. All three have been criticized for declining professionalism and for choosing commercial success over serving the public interest. Although the medical and legal professions have taken steps to promote a higher level of professional conduct by their members, the accounting profession has not launched initiatives to promote professionalism.

We discuss the initiatives instigated by the legal and medical professions using the five elements of professionalism framework (Hamilton, 2008a). Specifically, the framework highlights the importance of growth in personal conscience, demands compliance with the ethics of duty, inspires realization of aspirational goals, requires accountability of peer professionals, and emphasizes devotion to serving the public good. We recommend that members of the accounting profession use the five elements of professionalism framework to define, demonstrate, and assess professionalism. We conclude that promoting professionalism is a means for restoring professional identity for individual accountants as well as a means for fulfilling the accounting profession's contract with society.

Details

Research on Professional Responsibility and Ethics in Accounting
Type: Book
ISBN: 978-1-78052-761-1

Keywords

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