Search results

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.

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.

According to the Centers for Disease Control and Prevention (CDC), the number of children diagnosed with autism has increased dramatically, especially over the past decade. Most recently, the CDC estimates that an average of one in 88 children have an autism spectrum disorder (ASD). In terms of numbers, this translates into approximately 730,000 people between the ages of 0 and 21 who have ASD. While the primary cause(s) of increases in the identification of autistic students continue to generate debate school officials across the nation need to be prepared for the changing legal landscape associated with children diagnosed with ASD. The primary purpose of this chapter is to provide a detailed legal/policy update of the leading legal considerations and concerns involving K-12 students with autism. The chapter will discuss four specific legal topics involving the identification and eligibility of K-12 students with autism. These four legal topics include: Changes in the New DSM-5 Diagnostic Manuel and its Impact on Legal Definitions of Autism; Insurance Reform and Autism Coverage: A Comparison of the States; Developing Legally Compliant Individualized Education Plans (IEPs) for High-Functioning Students with Autism, and; Recent Legal Developments in Case Law Involving K-12 students who are autistic. The chapter will conclude with a detailed discussion of how today’s school officials can become more legally literate and better serve the legal needs of students with autism in their schools.

Feminist legal activists in law schools developed what we call critical community tactics beginning in the late 1960s to bring about important cultural change in the legal educational arena. These feminist activists challenged the male-dominant culture and succeeded in making law schools and legal scholarship more gender inclusive. Here, we develop the critical community tactics concept and show how these tactics produce cultural products which ultimately, as they are integrated into the broader culture, change the cultural landscape. Our work then is a study of how social movement activists can bring about cultural change. The feminist legal activists’ cultural products and the integration of them into the legal academy provide evidence of feminist legal activist success in shifting the legal institutional culture. We conclude that critical community tactics provide an important means for social movement activists to bring about cultural change, and scholars examining social movement efforts in other institutional settings may benefit from considering the role of critical community tactics.

Gifted education suffers from the lack of a legal definition of giftedness and federal mandate for the provision of services in schools, and also from a lack of any federal funding to provide services. These lead to a situation characterized by extreme inconsistency in provision of educational services across locations, sometimes even within the same school district. We offer a historical perspective on these issues and a view of the current status of gifted education services, followed by discussion of relevant legal issues in this context.

Undergraduate legal studies classrooms are ideal places in which to engage discourses on judging, and to invite students to analyze and understand contemporary cultural and political representations of the proper roles of judges and judging in democracies. This chapter examines undergraduate understandings of judicial independence and judicial activism, via class discussions surrounding the judicial retention election in Iowa in 2010. The election was occasioned by the groundbreaking state supreme court case Varnum et al. v. Brien (2009), legalizing same-sex marriage in the state. Drawing on participant–observation research as a professor in these courses, and examining student dialogue, class discussion, and web-board postings on the topic, I find that legal studies students are able to articulate a complex range of views regarding the judiciary, judicial activism, and same-sex marriage. Their ability to engage in (mostly) civil discourse on the topic of judging is of particular societal importance, given the limitations of contemporary public discourses about judging. These findings point, as well, to the potential role for engaged academics in expanding and contextualizing public conversations about judicial independence, judicial activism, and rights. The chapter also highlights, however, limits in that educational experience, in particular students' lionization of legal processes, simultaneous to their cynicism about, and lack of engagement in, electoral/political processes. This points to the development of interdisciplinary legal studies curricula as a means toward effective education for democracy.

Legal and philosophical scholarship on religious education typically focuses on religious schools that challenge core liberal values. Religious schools that offer their students quality secular education, and whose religious character is mild, do not raise these concerns and have therefore evaded scrutiny thus far. This chapter argues that the latter kind of religious schools, which I call “creaming religious schools,” may have a negative effect on educational equality and should therefore be subject to restrictive legal regulation. The negative effect on equality is caused by the fact that when successful, these schools appeal not only to members of the religious community but also to non-member high-achieving students who leave the public schools (a process called creaming) thus weakening them. The chapter argues that the harm caused to public schools cannot be redeemed by alluding to the right to religious education because the religious justification for creaming religious schools is relatively weak. The chapter then examines several potential legal measures for contending with creaming religious schools: the antidiscrimination doctrine, which the chapter rejects, showing that it actually aggravates creaming, locating schools in disadvantaged neighborhoods, restricting tuition, reflective enrollment policy, and finally, the total prohibition of establishing creaming religious schools.

Over the last several decades, virtually all large U.S. law firms have adopted a human capital strategy that emphasizes academic performance and the prestige of the law school attended. Although this focus is rooted more in tradition than in hard empirical evidence that it produces a competitive advantage, the question has long been irrelevant for most law firms because of the perennial rise in profits. If the model is not broken, the adage runs, why fix it? Drawing upon extensive historical and contemporaneous evidence, this essay argues that the limitations of the traditional credentials-based model have been masked by a steady multidecade surge in the demand for corporate legal services. Further, various data and trendlines suggest that the growth in demand for corporate legal services is beginning to flatten out. In the coming years, many large corporate law firms will be in the unfamiliar position of competing over market share. Unlike the relative calm and prosperity of the prior era, their survival will likely depend upon a human capital strategy that asks and answers several basic empirical questions regarding the selection and development of lawyers.