Clinical Legal Education in the United States: In-House Clinics, Externships, and Simulations

Journal of Legal Education

Volumn 51, Issue 3, 2001, Pages 375-380

  Milstein, Elliott S ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0035566419     PISSN: 00222208     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (35)

1. See William Pincus, Clinical Legal Education for Law Students (New York, 1980). Pincus was president of the Council on Legal Education for Professional Responsibility, which sought to combine hands-on experience for law students with the increasing need for legal representation for all people. Funded by the Ford Foundation in 1968, CLEPR supported experiments in clinical legal education by giving grants and guidance to law schools that established quality clinical programs.
2. See Richard A. Boswell, Keeping the Practice in Clinical Legal Education and Scholarship, 43 Hastings L.J. 1187 (1992); Robert Stevens, Law School: Legal Education in America from the 1850s to the 1980s at 215-16 (Chapel Hill, 1983); Alan A. Stone, Legal Education on the Couch, 85 Harv. L. Rev. 392 (1971).
3. See Richard A. Boswell, Keeping the Practice in Clinical Legal Education and Scholarship, 43 Hastings L.J. 1187 (1992); Robert Stevens, Law School: Legal Education in America from the 1850s to the 1980s at 215-16 (Chapel Hill, 1983); Alan A. Stone, Legal Education on the Couch, 85 Harv. L. Rev. 392 (1971).
4. See Richard A. Boswell, Keeping the Practice in Clinical Legal Education and Scholarship, 43 Hastings L.J. 1187 (1992); Robert Stevens, Law School: Legal Education in America from the 1850s to the 1980s at 215-16 (Chapel Hill, 1983); Alan A. Stone, Legal Education on the Couch, 85 Harv. L. Rev. 392 (1971).
5. See Mark Spiegel, Theory and Practice in Legal Education: An Essay on Clinical Education, 34 UCLA L. Rev. 577 (1987); Joseph D. Harbaugh, Simulation and Gaming: A Teaching/ Learning Strategy for Clinical Legal Education, in Clinical Legal Education: Report of the Association of American Law Schools - American Bar Association Committee on Guidelines for Clinical Legal Education 191 (Chicago, 1980).
6. See Mark Spiegel, Theory and Practice in Legal Education: An Essay on Clinical Education, 34 UCLA L. Rev. 577 (1987); Joseph D. Harbaugh, Simulation and Gaming: A Teaching/ Learning Strategy for Clinical Legal Education, in Clinical Legal Education: Report of the Association of American Law Schools - American Bar Association Committee on Guidelines for Clinical Legal Education 191 (Chicago, 1980).
7. See, e.g., Ann Shalleck, Clinical Contexts: Theory and Practice in Law and Supervision, 21 N.Y.U. Rev. L. & Soc. Change 109 (1993-1994).
8. See, e.g., Binny Miller, Give Them Back Their Lives: Recognizing Client Narrative in Case Theory, 93 Mich. L. Rev. 485 (1994); Robert D. Dinerstein, Client-Centered Counseling: Reappraisal and Refinement, 32 Ariz. L. Rev. 501 (1990).
9. See, e.g., Binny Miller, Give Them Back Their Lives: Recognizing Client Narrative in Case Theory, 93 Mich. L. Rev. 485 (1994); Robert D. Dinerstein, Client-Centered Counseling: Reappraisal and Refinement, 32 Ariz. L. Rev. 501 (1990).
10. See Boswell, supra note 2; Susan D. Bennett, "No Relief But Upon the Terms of Coming into the House": Controlled Spaces, Invisible Disentitlements, and Homelessness in an Urban Shelter System, 104 Yale L.J. 2157 (1995).
11. See Boswell, supra note 2; Susan D. Bennett, "No Relief But Upon the Terms of Coming into the House": Controlled Spaces, Invisible Disentitlements, and Homelessness in an Urban Shelter System, 104 Yale L.J. 2157 (1995).
12. See Richard J. Wilson, Prosecuting Pinochet: International Crimes in Spanish Domestic Law, 21 Hum. Rts. Q. 927 (1999).
13. See Report of the Committee on the Future of the In-House Clinic, 42 J. Legal Educ. 511 (1992).
14. See J. P. Ogilvy, Introduction to the Symposium on Developments in Legal Externship Pedagogy, 5 Clinical L. Rev. 337 (1999); J. P. Ogilvy et al., Learning from Practice: A Professional Development Text for Legal Externs (Eagan, 1998).
15. See J. P. Ogilvy, Introduction to the Symposium on Developments in Legal Externship Pedagogy, 5 Clinical L. Rev. 337 (1999); J. P. Ogilvy et al., Learning from Practice: A Professional Development Text for Legal Externs (Eagan, 1998).
16. See Peter Jaszi et al., Experience as Text: The History of Externship Pedagogy at the Washington College of Law, American University, 5 Clinical L. Rev. 403 (1999).
17. See Harbaugh, supra note 3.
18. See David F. Chavkin, Am I My Client's Lawyer? Role Definition and the Clinical Supervisor, 51 SMU L. Rev. 1507 (1998).
19. For additional information regarding transactional clinics and community economic development clinic programs, see Peter Pitegoff, Law School Initiatives in Housing and Community Development, 4 B.U. Pub. Int. L.J. 275 (1995); Susan R. Jones, Small Businesses and Community Economic Development: Transactional Lawyering for Social Change and Economic Justice, 4 Clinical L. Rev. 195 (1997).
20. For additional information regarding transactional clinics and community economic development clinic programs, see Peter Pitegoff, Law School Initiatives in Housing and Community Development, 4 B.U. Pub. Int. L.J. 275 (1995); Susan R. Jones, Small Businesses and Community Economic Development: Transactional Lawyering for Social Change and Economic Justice, 4 Clinical L. Rev. 195 (1997).
21. A searchable compilation of the varied clinics and clinicians that exist in law schools nationwide is maintained on the Internet by David Chavkin. See Clinical Legal Education: A Directory of Clinical Legal Educators, available at 〈http://www2.wcl.american.edu/clinic〉.
22. See David F. Chavkin, Matchmaker, Matchmaker: Student Collaboration in Clinical Programs, 1 Clinical L. Rev. 199 (1994).
23. See Gary Bellow & Bea Moulton, The Lawyering Process: Materials for Clinical Instruction in Advocacy (Mineola, 1978). This book, along with its criminal and civil simulation supplements, has, perhaps more than any other, influenced the agenda and methodology of clinical seminars. It remains the only comprehensive attempt to define a theory for the field of lawyering and to provide the materials necessary to teach it.
24. Two useful and widely adopted texts for teaching client-centered lawyering are David A. Binder et al., Lawyers as Counselors: A Client-Centered Approach (St. Paul, 1991) and Robert M. Bastress & Joseph D. Harbaugh, Interviewing, Counseling, and Negotiation: Skills for Effective Representation (Boston, 1990).
25. Two useful and widely adopted texts for teaching client-centered lawyering are David A. Binder et al., Lawyers as Counselors: A Client-Centered Approach (St. Paul, 1991) and Robert M. Bastress & Joseph D. Harbaugh, Interviewing, Counseling, and Negotiation: Skills for Effective Representation (Boston, 1990).
26. See, e.g., Paul Bergman, Trial Advocacy in a Nutshell (St. Paul, 1997).
27. This role that clinicians play in teaching students about the moral and ethical responsibilities of lawyers was, of course, central to the original vision of clinical education. See Pincus, supra note 1.
28. See David A. Binder & Paul Bergman, Fact Investigation from Hypothesis to Proof (St. Paul, 1984).
29. See Bergman, supra note 18.
30. See Shalleck, supra note 4, at 146. (At footnote 42 Shalleck discusses strategic planning using a concept explicated by Anthony Amsterdam called "end-means thinking.")
31. See Jane Harris Aiken, Striving to Teach "Justice, Fairness, and Morality," 4 Clinical L. Rev. 1 (1997); Leslie G. Espinoza, Legal Narratives, Therapeutic Narratives: The Invisibility and Omnipresence of Race and Gender, 95 Mich. L. Rev. 901 (1997);
32. See Jane Harris Aiken, Striving to Teach "Justice, Fairness, and Morality," 4 Clinical L. Rev. 1 (1997); Leslie G. Espinoza, Legal Narratives, Therapeutic Narratives: The Invisibility and Omnipresence of Race and Gender, 95 Mich. L. Rev. 901 (1997);
33. Ann Shalleck, Theory and Experience in Constructing the Relationship Between Lawyer and Client: Representing Women Who Have Been Abused, 64 Tenn. L. Rev. 1019 (1997).
34. See Donald Schon, Educating the Reflective Practitioner: Toward a New Design for Teaching and Learning in the Professions (San Francisco, 1987).
35. See Susan L. Brustin & David F. Chavkin, Testing the Grades: Evaluating Grading Models in Clinical Legal Education, 3 Clinical L. Rev. 299 (1997).