bluuebunny/crossref_metadata_2025_split huggingface dataset:
Deconstructing Innocence: Reflections from a Public Defender: Can student attorneys accept the paradigm of guilt and continue zealous representation?
Authors: Brown Geneva 
Published: December 2015

<p>I am a true believer. I was a public defender for nine years and represented thousands of guilty defendants without guilt or emotional angst. The public defender credo is to give zealous representation without consideration for the innocence or guilt of the client. As a clinical instructor I must impart ethical and diligent representation to my students.3 I found, however, when discussing cases during our weekly case rounds the paradigm of innocence would inevitably become a question for the student attorney. The students imputed guilt and innocence to be mutually exclusive. </p><p>Imparting the ethical component of criminal defense – to be competent in having legal knowledge, skill and thoroughness of preparation – to the students was a job I was thoroughly prepared to teach. I found, however, that beyond ethical considerations of representing clients, I needed to deconstruct innocence. I wanted to present to students a paradigm that guilt or innocence is secondary to servicing the needs of the client and protecting the client’s rights through the maze of a convoluted and dispassionate court system. Creating a dialogue that evolved from loaded terms such as guilt, truth or innocence and creating representation where the focal point became servicing the needs of the client became my goal. </p><p>This article examines the impact and the importance of the innocence movement and the unintended effects on criminal defense representation. Part I examines the impact of innocence in my juvenile clinic. Part II proceeds to examine the paradigm of the innocence movement and its impact on the criminal justice system. Part III examines the rise of Innocence Projects and the effect on clinical legal education. Part IV deconstructs the importance of innocence and the substantive and procedural problems with innocence. Part V concludes the article with an assertion of the importance of zealous representation regardless of innocence or guilt. </p>
“The Convention on the Rights of Persons with Disabilities”: The Response of the Clinic
Authors: Gibson Frances 
Published: December 2015

<p>The Convention on the Rights of Persons with Disabilities (CRPD) which entered into force on 3 May 2008 offers the opportunity to people with a disability to press governments for change on the basis of rights accorded to them under the treaty. Article 13 of the Convention requires States to ensure effective access to justice for persons with disabilities on an equal basis with others. This article draws on the Australian experience. The Convention is particularly relevant in all States that have ratified it but can be used as an indicator of best practice by all States and organisations. Up to twenty per cent of all people have a disability and all clinics may have clients, staff and students with a disability. This paper examines the parameters of the right to access to justice as it relates to the clinic and proposes a set of guidelines drawn from the literature that enable clinics to assess their current practices.<br /><br /></p>
The Development and Expansion of University-Based Community/Clinical Legal Education Programs in Malaysia: Means, Methods, Strategies
Authors: Lasky Bruce , Nazeri Norbani Mohamed 
Published: December 2015

<p>Beginning in 2003, the not-for-profit international human rights organization Bridges Across Borders Southeast Asia Community Legal Education Initiative (BABSEA CLE) began focusing on assisting in the development and expansion of university-based community/clinical legal education programs in the Southeast Asia region. Since that time, and as a result of this focus, university based CLE programs have been developed or expanded in Thailand, Malaysia, Cambodia, VietNam, Indonesia and Laos, with a continuously growing network of universities, both nationally and regionally. One of the flagship achievements of these activities has been the successful establishment of an accredited CLE program in Malaysia at the University of Malaya.</p><p>Finally the paper will identify strategic next steps in the development of this CLE movement within Malaysia, as well as its connection to institutions regionally throughout Southeast Asia and how the CLE movement intends to broaden its reach both within Malaysia</p>
Clinique ToGo: Changing Legal Practice in One African Nation in Six Days
Authors: Rosenbaum Stephen 
Published: December 2015

<p>With honour and humility I accepted an invitation from the U.S. State Department to participate as a technical advisor in a weeklong rule of law2 seminar in Togo, with attorneys, judges, law professors and students. My mission was to explain various models for delivery of free legal services and assist in developing proposals for establishing a bar association pro bono3 programme in conjunction with the nation’s principal law school.</p><p>When the State Department first invited me to participate in its speaker specialist programme, I admit that for me it was all about having a glimpse of an otherwise inaccessible part of the world and the attendant cultural, professional and intellectual exchange. Only after my initial programme visit did I become familiar with the concept of “rule of law” (l’état de droit), as well as the related concepts of access to justice and the law and development movement. This was to be the focus of my journey to Togo.</p>
A Model for Interdisciplinary Clinical Education: Medical and Legal Professionals Learning and Working Together to Promote Public Health
Authors: Bliss Lisa , Caley Sylvia , Pettignano Robert 
Published: December 2015

<p>Interdisciplinary training for professionals is becoming more common in higher education. Educators are beginning to understand the benefit of jointly training students in complex and interrelated skills that improve and complement the primary skills needed to succeed in a particular profession. Legal educators have recognized the value of encouraging flexible, collaborative thinkers who become better problem-solvers through interdisciplinary learning. Many of these are also coming to realize the importance of interdisciplinary training as a component of readiness for professional practice. For many law students, law school clinics are the first opportunity they have to learn legal skills and to engage in problem-solving for real clients. This experiential learning opportunity is often powerful and transformative, and can imprint skills, values, and practice habits that stay with students throughout their professional careers. Incorporating interdisciplinary learning opportunities into the law school clinic experience affords opportunities for co-learning, holistic problem-solving, and community building during young professionals’ formative years. Learning to be a lawyer in the context of an interdisciplinary law school clinic combines the experience of working with real clients and academic inquiry into the nature of the lawyering process itself and the ethical and fundamental practices of other professionals. Clinics serve as incubators for professional development. They provide opportunities for reflection on the practice of law, professionalism, social justice, and countless skills that help ready students for the profession of law. The HeLP Legal Services Clinic at Georgia State University College of Law aims to create an interdisciplinary dimension to such practice and inquiry, and thus influence the way in which the professional students from the law and medicine disciplines work together as learners and future professionals.</p>
Reflections Upon Transitions: An Essay on Learning How to Teach after Practicing Law
Authors: Lewis C. Benjie 
Published: December 2015

<p>Every academic year, new law school faculty enter legal academia. Many of these new teachers are practitioners with varying levels of legal practice experience. While the transition from practice to teaching is particular to each person, for clinical professors there are some specific challenges that transform our professional identity. Clinical professors wear many hats: teacher, lawyer, mentor, and scholar. Navigating those many hats and adjusting to various goals of teaching emerging attorneys is only a couple of challenges. Other challenges include changing the focus of our professional identity from career-centered, in its many facets, to student centered. </p><p>A core component of clinical legal education is the reflective process. A reflective lawyer is one who thoughtfully digests information and thinks about how an experience affects his or her professional growth. A reflective teacher does the same. This article shares some of my reflections on becoming a clinician and what I learned through experiences about becoming a more effective teacher. </p><p>In Part I, I reflect on my role as a supervisor of emergent attorneys and a goal facilitator for these same students who are exploring their educational and professional development. Part II includes lessons unique, I believe, to a clinician of color. Finally, Part III concludes with reflections on five core tools I have used that helped me in my transition; these tools, I believe, could be useful to new clinicians, especially those that have been practicing for a long time before teaching.</p>
Models of Clinic and Their Value to Students, Universities and the Community in the post-2012 Fees Era
Authors: Bleasdale-Hill Lydia , Wragg Paul 
Published: December 2015

<p>The number of clinics in existence within higher education institutions has continued to proliferate in recent years. The 2011 LawWorks1 report examining the pro bono work undertaken within Universities in the United Kingdom found that at least 61 per cent of all Law schools now offer pro bono activities to their students,2 with 40 respondents offering clinic. This compares with 53 per cent of respondents offering pro bono activity and 11 respondents offering clinical activities in 2006. This evidence suggests that an increasing number of Law Schools recognise the benefits of clinic to students. However, the arrival of a new era in higher education funding arguably requires some reflection on (and perhaps greater articulation of) those benefits and the priorities of clinic activity overall, in order to ensure that the expectations of the key clinic stakeholders (the hosting institution, student volunteers and participating members of the public) are met. Concerns that the significant reduction in state funding for higher education will impact adversely on institutional resources is well-documented and at an institutional level there is likely to be increased scrutiny of the efficiency of devoting scarce resources to clinic activity in a climate of lower (or potentially lower) income streams and leaner budgets. Similarly, some students are likelyto exhibit a heightened sense of wanting value for money in their expectations of clinical education and may well demand greater input in the design of clinic activity. Against this, there has been a general and significant reduction in funding for the provision of free legal advice and an associated increased demand amongst the general public for quality free legal advice and access to justice. Therefore, for new and established clinicians alike, the post-2012 era provides the opportunity for, if not necessitates, reflection on the expectations and ambitions of the three key clinic stakeholders (the host institution, the student volunteers and the general public) and, particularly, the question of whether they are sufficiently aligned with each other and the priorities of the clinic activity in place. Arguably, the possibility of conflicting priorities for clinic originating from these key stakeholders and methods of resolving them has featured little in the academic commentary. This paper seeks to contribute to such a debate by offering some insights into resolving these tensions. Taking the interests of each stakeholder in turn, this paper discusses methods of maximising the efficiency of administering the clinic and managing student expectations.</p>
Running drop-in advice services in a university setting
Authors: Russell John 
Published: December 2015

<p>In October 2011, London South Bank University (‘LSBU’) opened a new Drop-In Legal Advice Clinic where law student volunteers – working under the supervision of practising solicitors – provide free, on-the-spot, face-to-face legal advice to the general public. Our aim was to establish a drop-in advice service which would deliver a tangible benefit to the local community, develop students’ practical knowledge of the law in context, and provide a basis for developing a teaching and learning resource for other higher education institutions. In February 2012, we were highlighted in the Million+ think tank’s report on innovative teaching in modern universities, ‘Teaching that Matters’, as involving students in a valuable community service while gaining real-world legal experience, developing transferable skills and enhancing their employability prospects. In April 2012, we won a £5,000 LSBU Vice-Chancellor’s Enterprising Staff Award for our demonstration of enterprise in enhancing the student experience and employability, providing a significant benefit for the local community, and demonstrating a wider significance to other higher education institutions nationwide. The Legal Advice Clinic is now key to the marketing strategy for the Law Department. This paper describes our new service in its first year of operation.</p>
Do moot courts belong to high schools? And if so, under what circumstances?
Authors: Krupová Tereza , Pošíková Lenka , Friedel Tomáš , Potucký Jan 
Published: December 2015

<p>Moot courts are considered to be a common clinical legal education method. The purpose of the following article is to demonstrate advantages and disadvantages of using moot courts as a teaching method at high schools. This will be based on the experience of Street law assistants and their survey held among high school students. Gathered and analysed information will hopefully provide answers to the questions mentioned above. The article is divided into four parts. The first part introduces Charles University Law School Street Law course since it serves as prime source of our experience with high school students teaching and organising moot court. The second part deals with basic benefits and set backs of high school moot courts. The third part is dedicated to survey results presentation and the fourth part is composed of our experience of moot court organisation.</p><p>The purpose of our article is to offer basic information about the moot court simulation itself, present our survey research of high school students’ simulation perception and share our experience which might serve as encouragement for moot court organisation and also as basic advice on which common mistakes to avoid and what to pay close attention to.</p>
Multi-disciplinary practice in a community law environment: new models for clinical legal education
Authors: Foster Richard 
Published: December 2015

<p>The Monash-Oakleigh Legal Service (MOLS) is a community legal service auspiced by Monash University, Melbourne Australia, and partly funded by Victoria Legal Aid. MOLS was principally established to provide practical legal education to Monash law students over 30 years ago, but has since evolved to focus also on serving community legal needs. Incorporated within MOLS is the Family Law Assistance Program (FLAP) which, as the name suggests, deals exclusively with family law matters. FLAP students attend the Family Court each week with lawyers who provide assistance to clients in a duty lawyer capacity, as well as operating four clinical sessions each week within MOLS.</p><p>Like many community legal services, most MOLS clients experience a form of disadvantage and resultant financial difficulty. Consequently, MOLS deals with a range of legal matters including: criminal law, family law, tenancy and neighbourhood disputes, and a number of credit, debt, and<br />bankruptcy issues.</p><p>In July 2010, the Multi-Disciplinary Clinic (MDC) was established at MOLS to provide a holistic service to clients by involving students from three academic disciplines to deal with client issues. Later, in December 2010 (the commencement of the university’s summer semester), students from one other discipline were included in FLAP and a third discipline was also adopted in the following semester.</p>
Fighting Africa’s poverty and ignorance through clinical legal education: Shared experiences with new initiatives for the 21st Century
Authors: Iya Philip 
Published: December 2015

<p>This paper attempts to establish and analyse the role of African universities generally and their law schools in particular in their fight, if any, against poverty and ignorance. In that regard, the case of legal education and specifically its clinical programmes will be analysed, and the thrust of the discussion will be directed toward the following issues:</p><p><br />1. The backdrop of the debate: Universities and Community Outreach Programmes;<br />2. Understanding the genesis and application of clinical legal education in Africa;<br />3. Sharing experiences of clinical education in different countries in Africa; and<br />4. New challenges and initiatives for the 21st Century.<br />Each of these issues is discussed separately and seriatim in subsequent paragraphs.</p>
Clinical Legal Education in the 21st Century: Still Educating for Service?
Authors: Dickson Judith 
Published: December 2015

<p>As a lawyer and clinical legal educator, I have direct experience of the ways in which clinical legal education programmes in Australia2 provide legal services to poor and disadvantaged people. In this context I recently began to wonder about the image of lawyers and of the legal profession, that other clinical educators and I portray in our work and about the values underlying clinical legal education.3 I began to think that despite a longstanding commitment to access to justice,4 clinical legal education in Australia might actually be acquiescing in a notion of professionalism that is counter to that commitment. </p><p>In this article I explore the connection between the continuing commitment of clinical legal education to the provision of legal services to those unable to otherwise afford them and the notions of professionalism traditionally adopted by the organised legal profession. In doing so I focus on the Australian legal environment as the one with which I am most familiar. However, I believe the issues I raise are relevant for other legal educators concerned about the state of the legal profession in their jurisdictions and about the values which clinical legal education imparts to law students.</p>
Ensuring Basic Quality in Clinical Courses
Authors: Stuckey Roy 
Published: December 2015

<p>This article describes some of the features of clinical course design that are essential for ensuring basic educational quality. It does not attempt to be thorough. A number of years ago, I served on a committee that began discussing whether it is possible to come up with “indicia of quality” that could be used to measure the quality of a clinical program or course. The question that framed the issue was “If someone wanted to determine whether one school’s professional skills program is likely to be better than another school’s program, what elements should be examined?” The committee not only guessed that it was possible to define those elements, we also believed that it could be accomplished without a great deal of trouble. Though I still think it is possible to define indicia of quality, we were wrong that it would be easy. Our initial effort foundered fairly quickly. From time to time others renewed the effort, only to abandon the project, with one exception. Sandy Ogilvy, a law professor at Catholic University School of Law in Washington, D.C., is making the most serious effort to date to describe “indicia of quality” for clinical programs.</p>
Integrating Two Measures of Quality Practice into Clinical and Practical Legal Education Assessment: Good client interviewing and effective community legal education
Authors: Curran Liz , Foley Tony 
Published: December 2015

<p>This paper will examine, through two case studies (an undergraduate clinical program and a Practical Legal Education (PLE) advice clinic) the scope for indicators developed by Curran to assess the outcomes, effectiveness and quality of legal assistance service in Australia to be used in clinical assessment. This article will explore how two particular indicators evaluated as fundamental in that research might be utilised to assess students so as to enhance the quality of their clinical participation.</p><p>Clinical Legal Education is seen by its adherents as ‘a premier method of learning and teaching. Its intensive, one-on-one or small group nature can allow students to apply legal theory and develop their lawyering skills to solve client legal problems. Its teaching pedagogy is distinguished by a system of self-critique and supervisory feedback enabling law students to learn how to learn from their experiences’. In many senses it is a form of experiential learning through engagement with the practice of law.It aims to contextualise the study of law and draw on student learning in other courses to guide and support them in identifying, developing and applying ethical legal practice skills. But its scope is much wider than simply ‘skills’, it also aims to develop students’ critical understanding of approaches to legal practice, to their understanding of the roles of lawyers in relation to individual clients and social justice issues and to encourage and as a means to validate student aspirations to promote access to justice and equality through the law.</p><p>We suggest ways to assess the quality of such engagement by clinical students, focusing on Curran’s core quality measures of ‘a good client interview’ and ‘quality community legal education’. The value of utilising these two indicators to assess the quality of student engagement is that they themselves are core to the activities in which students are involved in clinic.</p>
Community Projects: Extending the Community Lawyering Model
Authors: McNamara Judith , Campbell Catherine , Hamman Evan 
Published: December 2015

Law schools in Australia and the United Kingdom are increasingly adopting clinical legal education (CLE) as an important part of their curriculum. Models of CLE are emerging in those jurisdictions which draw on local experience and the strong tradition of CLE and community lawyering in the United States. The purpose of this article is to examine the pedagogy that underlies CLE and to consider how it can be applied to newly emerging models of CLE.