Modernizing Legal Education

Discusses the skills required by future lawyers, and explores innovative and technology-driven approaches to modernising legal education.

This open access book presents innovative strategies to address cross-cutting topics and foster transversal competences. The modernization of European legal education presents a compelling challenge that calls for enhanced interdisciplinary collaboration among academic disciplines and innovative teaching methods. The volume introduces venues towards education innovation and engages with complex and emerging topics such as datafication, climate change, gender, and the aftermath of the COVID-19 pandemic. The insights presented not only emphasize the importance of preserving traditional approaches to legal disciplines and passing them on to future generations, but also underscore the need to critically reassess and revolutionize existing structures. As our societies become more diverse and our understanding of legitimacy, justice, and values undergoes transformations, it is imperative to reconsider the role of traditional values while exploring promising alternative approaches.

This book addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal development's source of legitimacy if not modernization? But by the same token, whose version of modernization will predominate absent a Western monopoly on change? There are now legal development alternatives, especially from Asia, so we need a better way to ask the right questions of different approaches primarily in (non-Western) Asia, Africa, the Islamic world, plus South America. Incoming waves of change like the 'Arab spring' lie on the horizon. Meanwhile, debates are sharpening about law's role in economic development versus democracy and governance under the rubric of the rule of law. More than a general survey of law and modernization theory and practice, this work is a timely reference for practitioners of institutional reform, and a thought-provoking interdisciplinary collection of essays in an area of renewed practical and scholarly interest. The contributors are a distinguished international group of scholars and practitioners of law, development, social sciences, and religion with extensive experience in the developing world.

Maharg presents a critical inquiry into the identity and possibilities of legal education, and an exploration of transformational alternatives to our current theories and practices of teaching and learning the law. This book analyses and challenges curren

This book discusses comprehensively the use of Flipped Classrooms in the context of legal education. The Flipped Classroom model implies that lecture modules are delivered online to provide more time for in-class interactivity. This book analyses the pedagogical viability, costs and other resource-related implications, technical aspects as well as the production and online distribution of Flipped Classrooms. It compares the Flipped Classroom concept with traditional law teaching methods and details its advantages and limitations. The findings are tested by way of a case study which serves as the basis for the development of comprehensive guidelines for the concept’s practical implementation. As Flipped Classrooms have become a very hot topic across disciplines in recent years, this book offers a unique resource for law teachers, law school managers as well as researchers in the field of legal education. It is a must-have for anyone interested in innovative law teaching methodologies.

From its earliest days the Law Society of Upper Canada adhered to the traditions of English legal practice and education. In the 1930s and 1940s, however, some of the most cherished of those traditions were challenged in a bitter debate about the nature of legal education in Ontario. This book tells the story of that debate and one of its leading participants, Cecil Augustus Wright. 'Caesar' Wright was one of the first Canadian legal academics to attend Harvard Law School, and his Harvard background played a significant role in the development of his position in the controversy over legal education. The established lawyers who served as benchers of the law society insisted that legal training should be principally a matter of practical experience. Wright, who sought to bring American notions of the roles of lawyers and legal academic to Ontario, tried unsuccessfully to persuade the benchers that the job of educating young lawyers should be transferred to the universities. Decades of contention culminated in 1949 with Wright's dramatic resignation from Osgoode Hall Law School and his appointment as dean of the newly created Faculty of Law at the University of Toronto. The debate between the benchers of the law society and the proponents of academic legal education touched the lives of many prominent lawyers and law professors, and its resolution permanently changed the nature of legal education in Ontario. Ian Kyer and Jerome Bickenbach offer an account of the conflict and a portrait of the energetic and often acerbic figure who has been called Canada's most influential law teacher.

Most people understand that regulations have a direct bearing on their access to things such as clean air and water and safe working environments. However, in the United States, few people make the connection between how legal services are regulated and how difficult it is for them to access legal services. Indeed, on the question of affordable and accessible civil justice, the World Justice Project ranks the US 94th out of 113 countries, behind Albania, Belarus, Myanmar, and Russia. For decades academics and others have debated whether the legal profession is self-regulated and, if it is, whether it should be. But is it the right debate? Self-regulation—or not—does not obviate the need for effective regulation. Independent, accountable, and transparent regulatory bodies, effective oversight of those bodies, the genuine engagement of citizens in the regulatory process, evidence-based research to fully assess the impact of regulation, and an approach to regulation that is proportionate and targeted to actual risks are essential for effective regulation. Through the lens of the adoption of alternative structures, this book explains how England, Wales, and Australia have, by embracing these essential elements, successfully modernized their regulatory environments for legal services, and how Canada has taken firm steps down its own path to the same. In contrast, by rejecting these elements, the United States remains paralyzed in an unproductive regulatory environment for legal services. This book provides a blueprint for how the US can take inspiration from its common law sisters to breathe new life into its regulatory environment for legal services. Ultimately, modernization will require more—and better—regulation that is financed publicly through equitable, progressive revenue sources.

This book provides a nuanced picture of how diverse legal debates on the pursuit of economic development and modernization have played out in Latin America since independence. The opposing concepts of modernization theory and Dependency Theory can be seen to be playing out within the field of legal transformation, as some legal analysts define law as a closed, formal, rational system, and others see law as inseparable from economic, social and political change. Legal experiments have followed these trends, in some cases using legal instruments to guarantee classical, civil and political rights, and in others demanding radical transformation of existing legal structures. This book traces these debates across the key topics of: economic development and foreign investment; property; resource and power distribution in terms of gender and social policy. Drawing on a wide range of literature, the book adds complexity and color to our understanding of these themes in Latin America. This insightful exploration of comparative law within Latin America provides the tools needed to understand legal transformation in the region, and as such will be of interest to researchers within law, political sociology, development and Latin American studies.