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Globalization of the Legal Clinic

Globalization of the Legal Clinic

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Globalization of the Legal Clinic

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  1. Globalization of the Legal Clinic (Which Is to Say: YOU) James Moliterno Washington & Lee University School of Law

  2. Core Message The Legal Clinic has evolved into one of the most forward-looking, global features of today’s legal education.

  3. What is a clinic? • A part of the education or qualification of a lawyer that is accomplished within the role of lawyer, sometimes doing actual service and sometimes simulated service and sometimes public education. • Experiential Education not Experiential Learning (designed education, in role) • Clinics with clients • Externships • Simulations

  4. Be Open to What Qualifies as Clinical Education • Our legal systems are widely varied • What can only lawyers do? • What can lay person do? • What is the procedure for various applications of law • State allows student practice or clinic representation? • Our legal education forms are widely varied • Graduate or undergraduate • Goals of our students • So, . . . .

  5. What Is Clinical Education? A part of the education or qualification of a lawyer that is accomplished within the role of lawyer using the law, sometimes doing actual service and sometimes simulated service and sometimes public education (and more). All are clinical education/experiential education, work for which law-trained people are especially well-suited, even if it is not exclusively lawyer’s work

  6. Our Large Tent Geography Activity scope (litigation, advice, transactions, public education) Educational format (live-client, simulation, externship)

  7. A Link Back US apprenticeships and UK/Canadian/Australian articling: one person clinics (local as can be)

  8. The Long But Temporary End of Clinics, Broadly-defined US break with apprenticeship distanced from profession—Langdell UK, Canada, Australia- separation from higher education/law faculties

  9. Rebirth of Clinics Legal Realists and other public service minded legal educators in early 20th C (still local) 1960s-70s CLEPR (still mainly local)(driven by student demand)

  10. Globalization on Four Fronts 1990s CEELI and now ROLI and other NGOs Simultaneous expansion of subject matter of US clinics (driven by student demand) Home-grown clinic development across the globe Acceptance of simulations and activities not within the lawyer monopoly

  11. US Law Schools with Human Rights Clinics • International Human Rights Clinic - Harvard Law School • www.law.harvard.edu/.../clinical/clinics/ihrc.html • Allard K. Lowenstein International Human Rights Clinic -- Yale Law School • www.law.yale.edu/intellectuallife/lowensteinclinic.htm

  12. More • International Human Rights Clinic - Cornell University Law • www.lawschool.cornell.edu/Clinical.../international-h... • International Human Rights and Conflict Resolution Clinic --Stanford Law School • https://www.law.stanford.edu/.../clinics/international • Berkeley Law - International Human Rights Law Clinic • www.law.berkeley.edu › Clinics

  13. More • International Human Rights Clinic --The George Washington University Law School • www.law.gwu.edu/.../cli... • Clinics | Duke University School of Law • law.duke.edu/clinics/ • International Human Rights Clinic - USC Gould School of Law • weblaw.usc.edu/why/academics/clinics/ihrc/

  14. Still More • International Human Rights Clinic - Loyola Law School, Los Angeles • www.lls.edu/.../clinicsexperientiallearning/internation... • Center for International Human Rights: Northwestern • www.law.northwestern.edu/legal... • Law Clinics - University of San Francisco School of Law • www.usfca.edu/law/clinics/

  15. And More • Law Clinic : Seattle University School of Law • www.law.seattleu.edu/.../law-clinic • International Humanitarian Law Clinic - Emory University • www.law.emory.edu/...clinics/internatio...

  16. Does the List Ever End? • Constitutional Rights Clinic | Rutgers School of Law-Newark • law.newark.rutgers.edu/clinics/constituti... • Florida International University College of Law • law.fiu.edu/ • Law School Clinics - New England Law • www.nesl.edu › EXPERIENTIAL • Clinics | Penn State Law • https://law.psu.edu/.../cli...

  17. Apparently Not • International Human Rights Clinic | Santa Clara Law • law.scu.edu/ihrc/ • Clinics - UCI Law - University of California, Irvine • www.law.uci.edu/.../clinics... • International Human Rights Clinic | University of Chicago ... • www.law.uchicago.edu/.../Internationa...

  18. In Manhattan Alone • International Human Rights - Fordham Law • law.fordham.edu/clinical-legal.../542... • International Human Rights Clinic | NYU School of Law • www.law.nyu.edu/.../clinics/.../intlh... • International Women's Human Rights - CUNY School of Law • www.law.cuny.edu/.../clinics... • Human Rights Clinic - Home | Columbia Law School • web.law.columbia.edu/clinics/human-rights-clinic

  19. University of Virginia School of Law • www.law.virginia.edu/.../ihrclinic.h... • Seton Hall | Law - Immigrants' Rights/International Human ... • law.shu.edu/.../Immigration-and-Hu...

  20. International Transactions Clinics • International Transaction Clinic --University of Michigan Law School • www.law.umich.edu/clinical/internati... • The International Transactions Clinic (ITC) is the first of its kind. ... Unlike other clinics now found in U.S. law schools, however, the ITC combines transactional ...

  21. International Transactions Clinics • Clinics & Externships - University of Pennsylvania Law School • https://www.law.upenn.edu/clinic/ • Detkin Intellectual Property & Technology Legal Clinic ... interdisciplinary practice, international lawyering, appellate lawyering, and IP and technology law.

  22. Spread Within U.S. • All 200 U.S. law schools have clinics • But now, 45 law schools have international law clinics, or nearly one in four law schools • Must be an urban phenomenon, right? • Wrong.

  23. Washington & Lee

  24. In Lexington Virginia

  25. Behind My House

  26. My small school, about 3-400 students in all the three years combined, in a beautiful town of 8,000 residents, 3 hours’ drive from a major urban area Yes, we have clinics that represent local poor people with criminal defense, public benefits, family law needs, tax disputes, death penalty appeals

  27. And we have elaborate simulation courses in which students can be challenged by doing the work done by Mergers &Acquisition lawyers, poverty law litigators, criminal defense lawyers, international arbitration lawyers, and so on times 40. . . . .

  28. But We Also Have . . . Clinical projects in . . .

  29. Tanzania and Liberia

  30. and we have my current projects that involve students in judicial and legal ethics research on . . .

  31. Slovakia

  32. China

  33. Indonesia and Georgia

  34. All just at my small but excellent law school in a rural setting

  35. Now some regional generalities Which are undoubtedly incomplete and sometimes inaccurate (as all generalities can be) Tell me my mistakes (or just say hello) at moliternoj@wlu.edu

  36. Eastern and Central Europe Late 1990s and on Palacky Number 1! (or is it Poland?) ABA CEELI Collaborations with US Law Schools and Individual Faculty Street Law Simulation Clinics Legal Aid Clinics

  37. UK Beginning in the early 1990s (though some started earlier) Expansion of control over lawyer qualification preparation

  38. Australia Expanded experiential, simulation learning in 1990s

  39. Canada Recent, intense interest in clinical legal education as articling system came under attack Association of clinical teachers founded in 2010

  40. China Environmental Law Clinic (oldest in China) 12 as of 2009, including CUPL where I will be in two weeks

  41. Southeast Asia Thailand

  42. Southeast Asia Dan sekarangIndonesia!

  43. Africa South Africa, Nigeria, . . ..

  44. South America For example, environmental clinic at Federal University in Brazil

  45. Now, Finally • Continental Western Europe • In Italy • In France • In Spain • InstitutoEmpresa in Spain

  46. Why Have Legal Clinics Become So Global? Two Reasons Among Many. We who teach in clinical education, experiential education, teach about what is and what will be, the present and the future (representing a client today; teaching a skill for future use) In other courses in the curriculum, the focus is decidedly on what was: precedent in common law systems; the history of the codes in civil law systems

  47. Backward and Forward Thinking Teaching about the present and future, our focus is naturally on change and progression Aside from our colleagues who teach international law courses, we are more likely to see global trends and sense the need to change, adjust and expand with a changing world around us