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(Which Is to Say: YOU) James Moliterno Washington & Lee University School of Law.

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Presentation on theme: "(Which Is to Say: YOU) James Moliterno Washington & Lee University School of Law."— Presentation transcript:

1 (Which Is to Say: YOU) James Moliterno Washington & Lee University School of Law

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

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

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,....

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 lawyer’s work

6  Geography  Activity scope (litigation, advice, transactions, public education)  Educational format (live-client, simulation, externship)

7  US apprenticeships and UK/Canadian/Australian articling: one person clinics (local as can be)

8  US break with apprenticeship distanced from profession—Langdell  UK, Canada, Australia- separation from higher education/law faculties

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)

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

11  International Human Rights Clinic - Harvard Law School ml  Allard K. Lowenstein International Human Rights Clinic -- Yale Law School ic.htm

12  International Human Rights Clinic - Cornell University Law 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 › Clinics

13  International Human Rights Clinic --The George Washington University Law School  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  International Human Rights Clinic - Loyola Law School, Los Angeles rnation...  Center for International Human Rights: Northwestern  Law Clinics - University of San Francisco School of Law

15  Law Clinic : Seattle University School of Law  International Humanitarian Law Clinic - Emory University

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 › EXPERIENTIAL  Clinics | Penn State Law https://law.psu.edu/.../cli...

17  International Human Rights Clinic | Santa Clara Law law.scu.edu/ihrc/  Clinics - UCI Law - University of California, Irvine  International Human Rights Clinic | University of Chicago...

18  International Human Rights - Fordham Law law.fordham.edu/clinical-legal.../  International Human Rights Clinic | NYU School of Law  International Women's Human Rights - CUNY School of Law  Human Rights Clinic - Home | Columbia Law School web.law.columbia.edu/clinics/human-rights-clinic

19  University of Virginia School of Law  Seton Hall | Law - Immigrants' Rights/International Human... law.shu.edu/.../Immigration-and-Hu...

20  International Transaction Clinic -- University of Michigan Law School 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  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  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.

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28  My small school, about 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

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

30  Clinical projects in...

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

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37  All just at my small but excellent law school in a rural setting

38  Which are undoubtedly incomplete and sometimes inaccurate (as all generalities can be)  Tell me my mistakes (or just say hello) at

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

40  Beginning in the early 1990s (though some started earlier)  Expansion of control over lawyer qualification preparation

41  Expanded experiential, simulation learning in 1990s

42  Recent, intense interest in clinical legal education as articling system came under attack  Association of clinical teachers founded in 2010

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

44  Thailand

45  Dan sekarang Indonesia!

46  South Africa, Nigeria,....

47  For example, environmental clinic at Federal University in Brazil

48  Continental Western Europe In Italy In France In Spain Instituto Empresa in Spain

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

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

51  The 1960s-70s expansion  The global reach

52  Should Embrace the Idea of the Big Tent  Client-based clinics, simulations, externships, activities in and out of the lawyer monopoly

53  Clinics in most every corner of the Globe  And all of us working together


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