Abstract
Legal education is divided into three broad stages: a first academic phase, a second professional training phase, and a third post-admission phase of continuing legal education. English has become an important tool for teaching law in a globalized world and as a common root language for students across borders. There is a trend toward a globalized curriculum. This report sets a framework for comparison of disparate legal education regimes and details the results in two exhaustive charts. It also takes a very close look at the pedagogy of practice and details on a regional basis each country’s approach to experiential or clinical training of law students.
I.D., Le role de la pratique dans la formation des jurists.
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Notes
- 1.
Reports were submitted for Australia, Belgium, Canada (Quebec Province), Czech Republic, England and Wales, France, Germany, Greece, Hungary, Ireland, Italy, New Zealand, Portugal, Switzerland, Taiwan, Turkey, and Venezuela.
- 2.
Mathias Reimann, “The Progress and Failure of Comparative Law in the Second Half of the Twentieth Century,” American Journal of Comparative Law 50 (2002): 671, 685.
- 3.
Richard J. Wilson, “Western Europe: Last Holdout in the Worldwide Acceptance of Clinical Legal Education,” German Law Review 10 (2009): 823.
- 4.
New Zealand national report, at 1. While many reports make mention of continuing legal education requirements, my focus here is on legal education itself, so there will be no discussion of CLE.
- 5.
An interesting new title, published in May of 2010, suggests that English can be reduced, in turn, to “Globish,” with a reductive vocabulary of some 1500 essential words used for business purposes. Robert McCrum, Globish : How the English Language Became the World’s Language (New York: W.W. Norton & Co., 2010).
- 6.
See, e.g., Belgium Report, at 10; Greece Report, at 17; Italy Report, at 6.
- 7.
Doris Yendes Alspaugh, A Bibliography of Materials on Legal Education (New York: New York University School of Law, 1965).
- 8.
Dusan J. Djonovich, Legal Education: A Selective Bibliography (Dobbs Ferry: Oceana, 1970).
- 9.
International Legal Education Bibliography (Donald B. King ed. 1993) (loose-leaf document prepared for the Section on International Legal Exchanges of the Association of American Law Schools).
- 10.
Richard L. Abel and Philip S.C. Lewis, Lawyers in Society, 4 vols (Berkeley: University of California Press,1989).
- 11.
William L.F. Felstiner ed., Reorganization and Resistance: Legal Professions Confront a Changing World (Oxford: Hart, 2005).
- 12.
Mauro Cappelletti ed., Access to Justice, 4 vols. (Milan/Alphen aan den rijn: A. Giuffrè/Sijthoff and Noordhoff 1978–1979).
- 13.
C.J. Dias et al., eds., Lawyers in the Third World: Comparative and Developmental Perspectives (Uppsala/New York: Scandinavian Institute of African Studies/International Center for Law in Development, 1981).
- 14.
See, e.g., Ralph Grillo et al., eds., Legal Practice and Cultural Diversity (Farnham: Ashgate, 2009).
- 15.
Bryant Garth, “Comparative Law and the Legal Profession: Notes Toward a Reorientation of Research,” in Lawyers’ Practice and Ideals: A Comparative View, ed. John J. Barceló III and Roger C. Cramton (The Hague/Boston: Kluwer Law International, 1999), 227.
- 16.
Id. at 228.
- 17.
Gianmaria Ajani, “By Chance and Prestige: Legal Transplants in Russia and Eastern Europe,” American Journal of Comparative Law 43 (1995): 93, 112–114; Michele Graziadei, “Comparative Law as the Study of Transplants and Receptions,” in The Oxford Handbook of Comparative Law, ed. Mathias Reimann and Reinhard Zimmermann (Oxford: Oxford University Press 2006), 441, 355–461.
- 18.
See, e.g., Duncan Kennedy, “The Political Significance of the Structure of the Law School Curriculum,” Seton Hall Law Reviews 14 (1983–1984): 1; generally, Ugo Mattei, “Why the Wind Changed: Intellectual Leadership in Western Law,” American Journal of Comparative Law 42 (1994): 195.
- 19.
The Global 100: Most Lawyers, 30 American Lawyer 171 (Oct. 2008). The German national reporters also note the growth of “big law” in that country.
- 20.
The Am Law 100, 2010, 32 American Lawyer 137 (May 2010).
- 21.
Richard Susskind, The End of Lawyers? Rethinking the Nature of Legal Services (2009) (British perspective); Thomas Morgan, The Vanishing American Lawyer (2010) (American perspective).
- 22.
See, e.g., John J. Barceló III and Roger C. Cramton, eds., Lawyers’ Practice and Ideals: A Comparative View (The Hague/Boston: Kluwer Law International, 1999), with six chapters on legal ethics in the profession, and Milton Reagan Jr., Eat What You Kill: The Fall of a Wall Street Lawyer (Ann Arbor: University of Michigan Press 2005).
- 23.
No Answers Easy: Am Law 100 Firms Laid Off Thousands of Lawyers in 2009, 32 American Lawyer 108 (May 2010).
- 24.
The Am Law 100, 2010: 2009 Profits Per Partner/By Location, 32 American Lawyer 157 (May 2010). The top firm, in PPP, was New York’s Wachtell, Lipton, Rosen & Katz, with $4,300,000 each for 86 equity partners.
- 25.
Bar leaders in the Netherlands hold a similar view; see below.
- 26.
Richard I. Abel, “Lawyers in the Civil Law World,” in Lawyers in Society: Vol. 2, The Civil Law World, ed. Richard I. Abel & Philip S.C. Lewis 1, 5 (Berkeley: Univ. of California Press, 1988).
- 27.
French report, at 8.
- 28.
Belgian report, at 9.
- 29.
Ibid.
- 30.
Abel, Lawyers in the Civil Law World, supra n. 27, at 1.
- 31.
Note that three jurisdictions – Australia, Belgium and Italy – report that law school faculty design and teach the courses offered during the apprenticeship period.
- 32.
French report, at 9.
- 33.
If taken as accurate, this was certainly true 15 years ago, when the great comparative scholar, John Henry Merryman, wrote that in Western Europe, “[q]uestions about teaching objectives and methods are considered uninteresting or not open to discussion. One teaches as professors have always taught; one’s purposes are the same purposes as they have always been; questions about such matters do not arise.” John Henry Merryman, “Legal Education There and Here: A Comparison,” in Civil Law, ed. Ralf Rogowski, 79, 85 (1996). And later, he opines that in “the civil law world, the educational focus is primarily on substance; method is deemphasized.” Id., at 91. This seems no less true in Latin America today. See, Juny Montoya, “The Current State of Legal Education Reform in Latin America: A Critical Appraisal,” Journal of Legal Education 59 (2010): 545 (commenting that in Latin America, the “teaching of law has inherited medieval, dogmatic methods and later incorporated a further, inner dogmatism shaped by the ideology of codification.” Id., at 546).
- 34.
French report, at 14.
- 35.
William M. Sullivan et al., Educating Lawyers: Preparation for the Profession of Law (San Francisco: Carnegie Foundation, 2007).
- 36.
Id., at 27–29.
- 37.
Julian Webb, a British scholar, draws more subtle distinctions between experiential learning and practical or experiential knowledge. The experiential model “places a premium on the know how rather than the know what aspects of learning.” Julian Webb, “Where the Action Is: Developing Artistry in Legal Education,” International Journal of Legal Profession 2 (1995): 187, 190–191.
- 38.
See, Laura I. Appleman, “The Rise of the Modern American Law School: How Professionalization, German Scholarship, and Legal Reform Shaped Our System of Legal Education,” New England Law Review 39 (2005): 251 (arguing that German legal science, as adopted by Langdell, was “less about individual German courses and more about a specific scholastic ideology – a way of thinking about learning – focusing on scholarship and research as the definition of one’s professional career... The scientific method, emphasized by such German scholars as Leopold von Ranke, emphasized long hours in the library and absolute fidelity to sources.” Id., at 274); Howard Schweber, “The ‘Science’ of Legal Science: The Model of the Natural Sciences in Nineteenth-Century American Legal Education,” Law and History Review 17 (1999): 421 (suggesting the science was a natural science inherited from the British, but arguing that “Langdell’s ‘legal science’ was emphatically not based on the experience of legal practice.” Id., at 461).
- 39.
Belgium, Hungary, Portugal, Switzerland, Turkey and Venezuela. Germany notes that cases are used in state examinations.
- 40.
Belgium, Czech Republic, Greece, Hungary and Turkey.
- 41.
Belgium, Greece and Turkey. Among the common law countries, England & Wales and New Zealand also listed PBL as a context for teaching practice.
- 42.
I first suggested the existence of a “passive-to-active pedagogical continuum” for legal education in Richard J. Wilson, “The New Legal Education in North and South America,” Stanford Journal of International Law 25 (1989): 373, 420–422.
- 43.
One course listed in the German report as “Legal Methods,” appeared to fall within this category, but the German national reporter clarified that this is not a skills course. He noted that skills courses are offered on an optional basis.
- 44.
Julie Macfarlane, “What Does the Changing Culture of Legal Practice Mean for Legal Education?,” Windsor Y.B. Access to Just. 20 (2001): 191, 195.
- 45.
Id., at 203–204 (emphasis in original).
- 46.
Steven Hartwell, a clinical teacher, suggests ways in which experiential learning can be incorporated into the traditional, and much larger, doctrinal class. Steven Hartwell, “Six Easy Pieces: Teaching Experientially,” San Diego Law Review 41 (2004): 1011.
- 47.
Rose Voyvodic, “Considerable Promise and Troublesome Aspects: Theory and Methodology of Clinical Legal Education,” Windsor Y.B. Access Just 20 (2001): 111, 117–118.
- 48.
See, e.g., Elliott S. Milstein, “Clinical Legal Education in the United States: In-House Clinics, Externships, and Simulations,” Journal of Legal Education 51 (2001): 375. The massive bibliography on clinical legal education compiled by Profs. Sandy Ogilvy and Karen Czapanskiy also includes externships and in-house clinics (those housed within a law school) within the definitional scope of clinical legal education. J.P. Ogilvy and Karen Czapanskiy, “Clinical Legal Education: An Annotated Bibliography 3d ed.,” Clinical Law Review 12 (2005): 5, also available on-line at http://faculty.cua.edu/ogilvy/Index1.htm, visited on 21 May 2010.
- 49.
Andrew Boone, Michael Jeeves and Julie Macfarlane, “Clinical Anatomy: Towards a Working Definition of Clinical Legal Education,” The Law Teacher 21 (1987): 61, 65.
- 50.
Deborah Maranville, “Passion, Context and Lawyering Skills: Choosing Among Simulated and Real Clinical Experiences,” Clinical Law Review 7 (2000): 123 (United States); Russell Stewart, “Making Simulations Stimulating,” Journal of Professor of Legal Education 3 (1985–1986): 51.
- 51.
For a very recent and comprehensive treatment of externship programs, see James Backman, “Externships and New Lawyer Mentoring: The Practicing Lawyer’s Role in Educating New Lawyers,” BYU Journal of Public Law 24 (2009): 65. As noted above, other significant works on externships can be found in the Ogilvy and Czapanskiy bibliography, id.
- 52.
Voyvodic, supra, n. 48, at 126; internal quote from Boone, Jeeves and Macfarlane, supra, n. 50, at 68.
- 53.
Id. at 122.
- 54.
Boone, Jeeves and Macfarlane, supra, n. 50, at 65.
- 55.
Within the U.S. clinical movement, an increasing number of clinics are involved in project-based work, without representation of individual clients. This is sometimes referred to as cause-based work, and may involve long or short-term work on a specific legal issue such as, e.g., prolonged and unfair detention of immigrant populations or the growing problem of gang-related violence in urban communities.
- 56.
Wilson, supra n. 4, at 829–830.
- 57.
Report of the Subcommittee on Pedagogical Goals of In-House, Live-Client Clinics, “Report of the Committee on the Future of the In-House Clinic,” Journal of Legal Education 42 (1992): 511.
- 58.
See, e.g., Jane H. Aiken, “Provocateurs for Justice,” Clinical Law Review 7 (2001): 287; Stephen Wizner, “The Law School Clinic: Legal Education in the Interests of Justice,” Fordham Law Review 70 (2002): 1929; Lucie E. White, “The Transformative Potential of Clinical Legal Education,” Osgoode Hall Law Journal 35 (1997): 635.
- 59.
Greek Report, at 4.
- 60.
The Belgian report suggests an economic disincentive to practice, that being the need for the law professor practitioner to carry malpractice insurance, an additional expense that inclines universities “not [to] tend to promote real counseling.” Belgium Report, at 14.
- 61.
Laurel S. Terry, “The Bologna Process and Its Impact in Europe: It’s So Much More than Degree Changes,” Vanderbilt Journal of Transnational Law 41 (2008): 107, 113–114.
- 62.
Belgium, Czech Republic, England and Wales, France, Ireland, Italy, Switzerland. The common law jurisdictions also have other variants to legal study, including both post-graduate and traditional apprenticeship routes involving no formal instruction at all.
- 63.
Some have argued that this structure makes European legal education more like that of the United States, with our nearly uniform practice of 4 years of undergraduate study, followed by 3 years of law. The analogy is strained, I believe, because in Europe, even the first 3 years are within the field of law, albeit general subjects, while undergraduate education in the United States is in the liberal arts or sciences, so entering law students may have a degree in engineering, math, physics or even music.
- 64.
Italian Report, at 6.
- 65.
More information on the Erasmus program can be found at http://ec.europa.eu/education/lifelong-learning-programme/doc80_en.htm, visited on May 25, 2010.
- 66.
Italian Report, at 6.
- 67.
Greek Report, at 3.
- 68.
England & Wales Report, at 19.
- 69.
Switzerland Report, at 7.
- 70.
German Report, at 3.
- 71.
Clinics had a presence in Canada in 1987, although it had “not yet become a significant element in Canadian law schools.” James C. Hathaway, “Clinical Legal Education,” Osgoode Hall Law Journal 25 (1987): 239, 240.
- 72.
Belgium Report, at 8.
- 73.
Id. at 10–11.
- 74.
Id. at 12.
- 75.
German Report, at 12.
- 76.
Id. at 18.
- 77.
Hungary Report, at 5.
- 78.
Id. at 10.
- 79.
Italy Report, at 6.
- 80.
Id. at 8.
- 81.
Id. at 9.
- 82.
Switzerland Report, at 5.
- 83.
Ibid.
- 84.
American Bar Association, National Lawyer Population by State (2009), at http://abanet.org/marketresearch/resource.html, visited on May 24, 2010.
- 85.
National Association of Legal Career Professionals, Law School Tuition 1985–2008.
- 86.
See, e.g., ABA Commission on Loan Repayment and Forgiveness, Lifting the Burden: Law Student Debt as a Barrier to Public Service (2003).
- 87.
Philip G. Schrag, “Federal Student Loan Repayment Assistance for Public Interest Lawyers and Other Employees of Governments and Nonprofit Organizations,” Hofstra Law Review 36 (2007): 27.
- 88.
National Association of Legal Career Professionals, Market for Law Graduates Changes with Recession: Class of 2009 Faced New Challenges (2010), at 2.
- 89.
Remarkably, a number of states still permit law office study as a means of legal education, but state bar examiners have made reciprocity for such degrees quite difficult, and such programs are nearly moribund. See, e.g., District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983) (refusing to review, on constitutional grounds, a decision by the District of Columbia bar not to seat applicant, who read law in Virginia and therefore did not graduate from an ABA accredited law school, a threshold requirement for bar application in the District).
- 90.
A recent Supreme Court ruling allows narrow consideration of race as a factor in law school admission, permitting a form of accommodation for historic discrimination against minorities. Grutter v. Bollinger, 539 U.S. 306 (2003).
- 91.
In 1972, the U.S. Supreme Court held that tenure is a vested property interest for its recipient, and that removal of tenure must be accompanied by due process protections. Perry v. Sindermann, 408 U.S. 593 (1972).
- 92.
David A. Santacroce and Robert R. Kuehn, Survey of Applied Legal Education (Center for Applied Legal Education), Report on the 2007–2008 Survey, Available at http://ssrn.com/abrstract=1586009, at 15.
- 93.
An admittedly anecdotal list of some 30 law schools that have mandatory participation in an experiential course, or mandatory pro bono service by students, can be found at http://www.albanylaw.edu/sub.php?navigation_id=1737, visited on May 25, 2010. Of the listed programs, eight require participation in a clinic.
- 94.
Santacroce & Kuehn, supra n. 93, at 8.
- 95.
Id. at 9.
- 96.
See, e.g., Warren R. Burger, “Some Further Reflections on the Problem of Adequacy of Trial Counsel,” Fordham Law Review 49 (1980): 1.
- 97.
All data from this section can be found in Richard J. Wilson, The Public Interest Mission of Law School Clinics in Dutch Legal Culture: Rare Birds in the Formalist Tradition of European Legal Education, a paper delivered to the Law and Society Association Annual Meeting, (Chicago, May 27, 2010) (unpublished manuscript on file with the author).
- 98.
A number of the Amsterdam clinic’s reports can be found at http://www.jur.uva.nl/ailc/object.cfm/objectid=DAB99ACD-19B3-4DF6-975BC275A03C2DDB, visited on May 26, 2010.
- 99.
Canada might have been included in this group if the provinces other than Quebec had submitted a report. As noted above, the primary focus of the Quebec report was on civil law aspects of that jurisdiction.
- 100.
Australia Report, at 2–3.
- 101.
H.D. Hazeltine, “Ancient and Mediaeval Legal Profession and Legal Education,” in Encyclopedia of the Social Sciences, ed., Edwin R.A. Seligman and Alvin Johnson (New York: MacMillan, 1933), 324 329–333.
- 102.
Australia Report, at 18.
- 103.
The Hon. Michael Kirby AC CMG, “Foreword,” in Community Engagement in Contemporary Legal Education: Pro Bono, Clinical Legal Education and Service-Learning ed. Patrick Keyzer ii, iv (Ultimo: Halstead Press, 2009).
- 104.
England and Wales Report, at Annex 3, Section 2.1.
- 105.
Id. at Annexes 4A and 4B, 5.
- 106.
See the Carnagie Foundation report, supra, n. 39, at Chapter 5, Assessment and How to Make it Work, p. 162, 172.
- 107.
Ireland Report, at 9.
- 108.
Ireland Report, at 13.
- 109.
England & Wales Report, at 16.
- 110.
Id., at 19.
- 111.
ABA data, at n. 85, supra.
- 112.
- 113.
Abel, Lawyers in the Civil Law World, supra n. 27, at 31–35.
- 114.
American Bar Association, Enrollment and Degrees Awarded: 1963–2008, at http://www.abanet.org/legaled/statistics/charts/stats%20-%201.pdf, visited on May 25, 2010.
- 115.
National Association of Legal Career Professionals, Market for Law Graduates Changes with Recession: Class of 2009 Faced New Challenges (2010) (finding the job market “significantly harder” for 2009 graduates than for classes in immediately preceding years), available at www.nalp.org.
- 116.
The report also notes that 53% of Quebec’s notaries are women. Canada (Quebec) Report, at 14.
- 117.
Carrie Menkel-Meadow, “Feminization of the Legal Profession: The Comparative Sociology of Women Lawyers,” in Lawyers in Society: An Overview, ed. Richard L. Abel and Philip S.C. Lewis (Berkeley: University of California Press, 1995), 221.
- 118.
William L.F. Felsteiner, “Introduction,” in Reorganization and Resistance, supra, n. 12, at 1,7. Perhaps not coincidentally, Felsteiner notes that the study that elaborates most on women lawyers is that on Canada. Ibid.
- 119.
Ireland Report, at 4.
- 120.
New Zealand Report, at 6.
- 121.
Richard L. Abel, Lawyers in the Civil Law World, supra, n. 27, at 10–11.
- 122.
Italy Report, at 11.
- 123.
Hungary Report, at 3.
- 124.
Greece Report, at 7.
- 125.
See, Ogilvy and Czapanskiy, supra n. 49.
- 126.
Frank Bloch, ed., The Global Clinical Movement: Educating Lawyers for Social Justice (Oxford: Oxford University Press, 2010).
- 127.
Richard J. Wilson, “Three Law School Clinics in Chile, 1970–2000: Innovation, Resistance and Conformity in the Global South,” Clinical Law Review 8 (2002): 801.
- 128.
Richard J. Wilson, “Criminal Justice in Revolutionary Nicaragua: Intimations of the Adversarial in Socialist and Civil Law Traditions,” University of Miami Inter-American Law Review 23 (1991–1992): 269, 340–341.
- 129.
Richard J. Wilson, “The New Legal Education in North and South America,” Stanford Journal of International Law 25 (1989): 375, 384.
- 130.
Quoted in Id., at 394.
- 131.
Marc Lacey, Mexico Court Orders 22 Tied to ’97 Killings Freed, New York Times, Aug. 12, 2009; José Antonio Caballero, Acteal y la Enseñaza del Derecho (Acteal and Law Teaching), El Universal.com, 13 Aug. 2009 (in Spanish).
- 132.
See, e.g., Defensa Jurídica del Interés Público: Enseñaza, Estrategias, Experiencias (Judicial Defense of the Public Interest: Teaching, Strategies, Experiences) (Felipe González and Felipe Viveros eds. 1999) (there are now five or six volumes in this series).
- 133.
Enseñaza Clínica del Derecho: Una Alternativa a los Métodos Tradicionales de Formación de Abogados (Clinical Teaching in Law: An Alternative to Traditional Methods for Training Lawyers) (Marta Villareal and Christian Courtis, eds., 2007).
- 134.
See generally, Richard J. Wilson, “Training for Justice: The Global Growth of Clinical Legal Education,” Penn State International Law Review 22 (2004): 421 (noting donor activity in the region from the American Bar Association and the Soros Foundation, among others).
- 135.
Legal Clinics in Poland: Legal Clinics Foundation, at http://www.fupp.org.pl/index_eng.php, visited on May 29, 2010.
- 136.
Ukrainian Association of Legal Clinics, at http://www.legalclinics.org.ua/eng/clinics/liga.php, visited on May 29, 2010.
- 137.
Rule of Law and Human Rights Projects, U.S. AID/Russia, at http://russia.usaid.gov/programs/democratic_dev/rule_of_law_and_human_rights/, visited on May 29, 2010.
- 138.
N.R. Madhava Menon, “Clinical Legal Education: Concept and Concerns,” in A Handbook of Clinical Legal Education, ed. Dr. N.R. Madhava Menon (Lucknow : Eastern Book Co, 1998), 1, 18–19.
- 139.
Zhen Zhen, Clinical Legal Education in China – Current Situation and its Future of China’s Clinical Legal Education (2008), conference paper published at http://www.mcgeorge.edu/Experiential_Education_in_China/Published_Resources.htm, visited on May 30, 2010.
- 140.
Student Legal Clinics, Open Society Justice Initiative, at http://www.soros.org/initiatives/justice/focus/legal_capacity/projects/legal-clinics, visited on June 2, 2010 (mentioning a legal clinic established in Cambodia).
- 141.
Peter A. Joy et al., “Building Clinical Legal Education Programs in a Country without a Tradition of Graduate Professional Legal Education: Japan Educational Reform as a Case Study,” Clinical Law Review 13 (2006–2007): 417.
- 142.
Ele Pawelski, “Defining Justice in Afghanistan: Development of a National Legal Aid System,” Windsor Review of Legal and Social Issues 27, no. 98 (2009): 185, 206 (describing an established legal clinic at Herat University).
- 143.
Willem De Klerk, “University Law Clinics in South Africa,” South African Law Journal 122 (2005): 929; David McQuoid-Mason, “Street Law as a Clinical Program: The South African Experience with Particular Reference to the University of KwaZulu Natal,” Griffith Law Review 17 (2008): 27.
- 144.
Olugbenga Oke-Samuel, “Clinical Legal Education in Nigeria: Developments and Challenges,” Griffith Law Review 17 (2008): 139, 144 (noting clinics at 8 law schools in Nigeria); the national network is NULAI, or the Network of University Legal Aid Institutions, with participating clinical programs at http://www.nulainigeria.org/law_clinic.htm, visited on June 2, 2010.
- 145.
Yuval Elbashan, Teaching Justice, Creating Law – The Legal Clinic as Laboratory, paper presented at the UCLA/IALS Sixth International Clinical Conference (October 2005) (Elbashan is director of the legal clinic at Hebrew University of Jerusalem).
- 146.
See Student Legal Clinics, supra n. 141, noting establishment of a clinic in Lebanon.
- 147.
Haider Ala Hamoudi, “Toward a Rule of Law Society in Iraq: Introducing Clinical Legal Education into Iraqi Law Schools,” Berkeley Journal of International Law 23 (2005): 112.
- 148.
The fine work of Prof. Philip Genty, from Columbia University in the U.S., does not suggest otherwise, although it astutely notes that the approach to clinical legal education must be different, and culturally sensitive, in countries of the civil law tradition. Philip M. Genty, “Overcoming Cultural Blindness in International Clinical Collaboration: The Divide Between Civil and Common Law Cultures and its Implications for Clinical Education,” Clinical Law Review 15(2008–2009): 131.
- 149.
See Wilson, Three Law School Clinics in Chile, supra n. 128, at 569–573 (arguing that adult learning theory applies to students in the 20–25 year age range, based on empirical study).
- 150.
German Report, at 25.
- 151.
Frank S. Bloch and Mary Anne Noone, “Legal Aid Origins of Clinical Legal Education,” in The Global Clinical Movement, supra, n. 127.
- 152.
See Wilson, Training for Justice, supra, n. 135.
- 153.
This is not to suggest that the U.S. does not engage in legal imperialism on some fronts. As noted at the outset, the emergence of big law may represent some elements of market-controlled imperialism directed almost entirely from the United States and the U.K. beginning with the Reagan-Thatcher connection and continuing with law and economics theories. See, e.g., Ugo Mattei, “A Theory of Imperial Law: A Study of U.S. Hegemony and the Latin Resistance,” Indiana Journal of Global Legal Studies 10 (2003): 383.
- 154.
James R. Maxeiner, “Integrating Practical Training and Professional Legal Education,” in The Internationalization of Law and Legal Education, ed. Jan Klabbers and Mortimer Sellers (New York: Springer, 2009) 38.
- 155.
Malcolm S. Knowles, Elwood F. Holton III and Richard A. Swanson, The Adult Learner, 5th ed. (1998); Frank S. Bloch, “The Andragogical Basis of Clinical Legal Education,” Vanderbilt Law Review 35 (1982): 321.
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Wilson, R.J. (2012). The Role of Practice in Legal Education. In: Brown, K., Snyder, D. (eds) General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-2354-2_3
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