the global clinical movement This page intentionally left blank the global clinical movement educating lawyers for social justice edited by frank s. bloch 1 1 Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offi ces in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala HungaryItaly Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright © 2011 by Oxford University Press, Inc. Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 Oxford is a registered trademark of Oxford University Press Oxford University Press is a registered trademark of Oxford University Press, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press, Inc. _____________________________________________ Library of Congress Cataloging-in-Publication Data The global clinical movement : educating lawyers for social justice / edited by Frank S. Bloch. p. cm. Includes bibliographical references and index. ISBN 978-0-19-538114-6 ((hardback) : alk. paper) 1. Law—Study and teaching (Clinical education) I. Bloch, Frank S. K103.S63G56 2010 340.071’1—dc22 2010013069 _____________________________________________ 1 2 3 4 5 6 7 8 9 Printed in the United States of America on acid-free paper Note to Readers This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is based upon sources believed to be accurate and reliable and is intended to be current as of the time it was written. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Also, to confi rm that the information has not been affected or changed by recent developments, traditional legal research techniques should be used, including checking primary sources where appropriate. (Based on the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.) You may order this or any other Oxford University Press publication by visiting the Oxford University Press website at www.oup.com contents Preface ix List of Contibutors xi Introduction by Frank S. Bloch xxi part i. the global reach of clinical legal education Introduction to Part I 1 1. The First Wave of Modern Clinical Legal Education: The United States, Britain, Canada, and Australia 3 jeff giddings, roger burridge, shelley a. m. gavigan, and catherine f. klein 2. Clinical Legal Education in Africa: Legal Education and Community Service 23 david mcquoid-mason, ernest ojukwu, and george mukundi wachira 3. The Clinical Movement in Southeast Asia and India: A Comparative Perspective and Lessons to be Learned 37 bruce a. lasky and m. r. k. prasad 4. Clinical Legal Education in Central and Eastern Europe: Selected Case Studies 53 mariana berbec-rostas, arkady gutnikov, and barbara namyslowska-gabrysiak 5. Clinical Legal Education in Latin America: Toward Public Interest 69 erika castro-buitrago, nicolás espejo-yaksic, mariela puga, and marta villarreal 6. The “Chinese Characteristics” of Clinical Legal Education 87 cai yanmin and j. l. pottenger, jr. 7. Japan’s New Clinical Programs: A Study of Light and Shadow 105 shigeo miyagawa, takao suami, peter a. joy, and charles d. weisselberg vi contents 8. The Bologna Process and the Future of Clinical Education in Europe: A View from Spain 121 diego blázquez-martín 9. Beyond Legal Imperialism: US Clinical Legal Education and the New Law and Development 135 richard j. wilson part ii. the justice mission of global clinical education Introduction to Part II 151 10. Legal Aid Origins of Clinical Legal Education 153 frank s. bloch and mary anne noone 11. Community Law Clinics: Teaching Students, Working with Disadvantaged Communities 167 anna cody and barbara schatz 12. Addressing Lawyer Competence, Ethics, and Professionalism 183 nigel duncan and susan l. kay 13. The Impact of Public Interest Law on Legal Education 197 daniela ikawa 14. Justice Education, Law Reform, and the Clinical Method 211 les m crimmon and edward santow c 15. Street Law and Social Justice Education 225 richard grimes, david mcquoid-mason, ed o’brien, and judy zimmer 16. Legal Literacy Projects: Clinical Experience of Empowering the Poor in India 241 ajay pandey and sheena shukkur 17. Advancing Social Justice through ADR and Clinical Legal Education in India, South Africa, and the United States 253 karen tokarz and v. nagaraj part iii. the global clinical movement and educating lawyers for social justice Introduction to Part III 265 18. The Global Clinical Movement 267 frank s. bloch and n. r. madhava menon contents vii 19. The Role of National and Regional Clinical Organizations in the Global Clinical Movement 279 margaret martin barry, filip czernicki, izabela kras´nicka, and mao ling 20. Bridging Different Interests: The Contributions of Clinics to Legal Education 297 jeff giddings and jennifer lyman 21. Clinical Scholarship and the Development of the Global Clinical Movement 311 neil gold and philip plowden 22. Externships: A Special Focus to Help Understand and Advance Social Justice 323 liz ryan cole 23. Setting an Agenda for the Global Clinical Movement 335 margaret (peggy) maisel 24. Normative Attractions to Law and Their Recipe for Accountability and Self-Assessment in Justice Education 353 adrian evans 25. The Global Alliance for Justice Education 371 edward santow and george mukundi wachira Index 383 This page intentionally left blank preface Twenty-fi ve years ago—and ten years into my law teaching career—I found myself in the offi ce of Dr. N.R. Madhava Menon, then the head of the Campus Law Centre of Delhi University. I had heard from colleagues in the United States that he and a few others in India, most notably Professor Upendra Baxi, were seeking to introduce clinical methods into India’s tradition-bound system of legal educa- tion by establishing university-based legal aid clinics. I was about to apply for a Fulbright grant to teach abroad during an upcoming sabbatical year, and I was looking for a host institution where I could concentrate on legal aid and clinical legal education. As we mapped out plans for what turned out to be a wonderfully rewarding year for me with Dr. Menon and his colleagues, I had a sense that my life as a clinical legal educator was about to change dramatically. But I could not have imagined the richness of the experience that global clinical legal education would bring to me, both personally and professionally. This book presents much of what I have come to learn about global clinical education—in the words of many of the people who have taught me so much over the past twenty-fi ve years. Another catalyst for this book is the Global Alliance for Justice Education (GAJE). This book is not about GAJE, but the organization has had a pervasive infl uence on its content and production. Not coincidentally, the idea of GAJE—a global alliance of law teachers and others committed to achieving justice through education—was fi rst fl oated at an internationally staffed “refresher course” for Indian clinical teachers organized by Dr. Menon. The fi rst concrete steps toward establishing the organization were taken during a clinical conference organized by the Section on Clinical Legal Education of the Association of American Law Schools at which Dr. Menon gave the keynote address titled, “In Defense of Socially Relevant Legal Education.” Many of the topics discussed in this book reference GAJE activities; most of the contributors to this book are among GAJE’s 700-plus members, and most of them have participated in one or more of the fi ve worldwide conferences that the organization has held over the past ten years. One of clinical legal education’s more popular themes is collaboration; col- laboration between teacher and student, collaboration among clinicians, and col- laboration across disciplines. It was my honor to orchestrate this particular collaboration among a group of extraordinary clinical law teachers, and I cannot thank them enough for their hard work on this project—in the face of the heavy competing demands placed on them by an active clinical practice. It was a plea- sure to collaborate with colleagues who truly value the act of collaboration. I must also thank Vanderbilt University Law School for summer grant support that allowed me to develop and carry out the project, and to my alma mater, Columbia University Law School, for hosting me as a Scholar in Residence for a