(which is to say: you) james moliterno washington & lee university school of law

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

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  • Slide 1

(Which Is to Say: YOU) James Moliterno Washington & Lee University School of Law Slide 2 The Legal Clinic has evolved into one of the most forward-looking, global features of todays legal education. Slide 3 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 Slide 4 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,.... Slide 5 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 lawyers work Slide 6 Geography Activity scope (litigation, advice, transactions, public education) Educational format (live-client, simulation, externship) Slide 7 US apprenticeships and UK/Canadian/Australian articling: one person clinics (local as can be) Slide 8 US break with apprenticeship distanced from professionLangdell UK, Canada, Australia- separation from higher education/law faculties Slide 9 Legal Realists and other public service minded legal educators in early 20 th C (still local) 1960s-70s CLEPR (still mainly local)(driven by student demand) Slide 10 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 Slide 11 International Human Rights Clinic - Harvard Law School www.law.harvard.edu/.../clinical/clinics/ihrc.ht ml Allard K. Lowenstein International Human Rights Clinic -- Yale Law School www.law.yale.edu/intellectuallife/lowensteinclin ic.htm Slide 12 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/internationa l Berkeley Law - International Human Rights Law Clinic www.law.berkeley.edu Clinics Slide 13 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/ Slide 14 International Human Rights Clinic - Loyola Law School, Los Angeles www.lls.edu/.../clinicsexperientiallearning/inte rnation... 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/ Slide 15 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... Slide 16 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... Slide 17 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... Slide 18 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 Slide 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... Slide 20 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... Slide 21 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. Slide 22 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. Slide 23 Slide 24 Slide 25 Slide 26 Slide 27 Slide 28 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 Slide 29 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..... Slide 30 Clinical projects in... Slide 31 Slide 32 Slide 33 and we have my current projects that involve students in judicial and legal ethics research on... Slide 34 Slide 35 Slide 36 Slide 37 All just at my small but excellent law school in a rural setting Slide 38 Which are undoubtedly incomplete and sometimes inaccurate (as all generalities can be) Tell me my mistakes (or just say hello) at [email protected] [email protected] Slide 39 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 Slide 40 Beginning in the early 1990s (though some started earlier) Expansion of control over lawyer qualification preparation Slide 41 Expanded experiential, simulation learning in 1990s Slide 42 Recent, intense interest in clinical legal education as articling system came under attack Association of clinical teachers founded in 2010 Slide 43 Environmental Law Clinic (oldest in China) 12 as of 2009, including CUPL where I will be in two weeks Slide 44 Thailand Slide 45 Dan sekarang Indonesia! Slide 46 South Africa, Nigeria,.... Slide 47 For example, environmental clinic at Federal University in Brazil Slide 48 Continental Western Europe In Italy In France In Spain Instituto Empresa in Spain Slide 49 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 Slide 50 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 Slide 51 The 1960s-70s expansion The global reach Slide 52 Should Embrace the Idea of the Big Tent Client-based clinics, simulations, externships, activities in and out of the lawyer monopoly Slide 53 Clinics in most every corner of the Globe And all of us working together