Peking University School of Transnational Law Crossing Borders Creating an American Law Clinic in China
Clinical Legal Education in China 1990s: Non-curricular, volunteer student legal aid organizations 2000: 7 schools create clinical courses with support from Ford Foundation 2002: CCCLE formed 2011: Over 80 schools have law clinics 2011/07/13Peking University School of Transnational Law
Chinese Clinics: Dominant Characteristics Live-client & simulation courses Taught by Chinese professors and/or practitioners Wide range of local civil & administrative issues Mainly undergraduate students 2011/07/13Peking University School of Transnational Law
2011/07/13Peking University School of Transnational Law PKU School of Transnational Law Mission: To prepare students to be transnational lawyers 4 Year JD/JM Graduate Program American Bar Association curriculum Students almost entirely Chinese
2011/07/13Peking University School of Transnational Law The Center for Cross-Border Advocacy Transnational representation –Clinic in China & clients in U.S. Live-client clinic U.S. law All submissions are written & in English
Clients Immigrants from other countries Detained in the United States Facing deportation to home country May not speak English or Chinese Cannot afford a lawyer 2 clients per semester 2011/07/13Peking University School of Transnational Law
Case Work & Supervision Students work on written arguments (“briefs”) from beginning to end 8-10 students per semester Frequent scheduled & unscheduled supervision meetings Professor is official legal representative 2011/07/13Peking University School of Transnational Law
Classes Content: –Immigration law –Legal writing & oral advocacy –Professional responsibility –Cross-cultural lawyering Method: –Role plays, small group activities, video simulations, storytelling, lecture 2011/07/13Peking University School of Transnational Law
Goals Access to Justice: –Provide quality representation to poor immigrants Skills: –Advanced legal writing, research & analysis in English –Oral advocacy in English –Professional responsibility –Cross-cultural communication 2011/07/13Peking University School of Transnational Law
Cross-Cultural Challenges: A Cultural Triangle Language American vs. Chinese norms –Roles & expectations –Attribution, citation, & plagiarism Good vs. bad? 2011/07/13Peking University School of Transnational Law
Questions Relevance for careers in China? Legal aid in China vs. United States? Effectiveness in teaching social justice? 2011/07/13Peking University School of Transnational Law
A Model to Emulate? Unmediated modeling of international professional norms Broader horizons Cross-fertilization with Chinese clinical faculty and students in other clinics Resource challenges 2011/07/13Peking University School of Transnational Law
The Center for Cross-Border Advocacy 2011/07/13Peking University School of Transnational Law