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CLINICAL LAW PROGRAMS AT U.S. LAW SCHOOLS

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The purpose this article is to give an overview of some of the important features of U.S. clinical law programs as a starting point for those Korean law schools that may be considering their own clinical law programs. This is not a manual, but an outline of some of the common features and potential concerns that should be considered when starting a clinical program. Law school clinics and legal clinical education in general, provide law school students an opportunity to combine classroom study with actual practice in a real life setting. Students gain practical experience while working under the close supervision and tutelage of a law professor and/or clinical attorney who guides the student step by step. Students work with real people on real legal problems and are able to do so with limited practice authority granted by the local bar. This limited practice ability, the ability to practice law in a limited highly supervised setting, is a critical feature that makes law clinics attractive to students. Law schools in the United States frequently offer a number of clinical law programs for its participating law students, with some universities offering over thirty choices. Although there are a large variety of courses offered, there are some important features common to all clinics, including staffing, course design, enrollment restrictions, and eligibility. There is no requirement as to what specific clinical programs law schools have to offer, but there are a several types of clinics that are popular among the law schools, including child advocacy, environment, and prosecution and defense to name a few, that may be illustrative for Korean purposes. Finally, this article looks at several factors and concerns that should be addressed when considering the start-up and operation of a law clinic. For example, the clinic’s goals, available resources, and ethical safeguards have to assessed, as well as the student’s ability to practice law, the clinic’s political autonomy, and staffing concerns have to be addressed.

Abstract

The purpose this article is to give an overview of some of the important features of U.S. clinical law programs as a starting point for those Korean law schools that may be considering their own clinical law programs. This is not a manual, but an outline of some of the common features and potential concerns that should be considered when starting a clinical program. Law school clinics and legal clinical education in general, provide law school students an opportunity to combine classroom study with actual practice in a real life setting. Students gain practical experience while working under the close supervision and tutelage of a law professor and/or clinical attorney who guides the student step by step. Students work with real people on real legal problems and are able to do so with limited practice authority granted by the local bar. This limited practice ability, the ability to practice law in a limited highly supervised setting, is a critical feature that makes law clinics attractive to students. Law schools in the United States frequently offer a number of clinical law programs for its participating law students, with some universities offering over thirty choices. Although there are a large variety of courses offered, there are some important features common to all clinics, including staffing, course design, enrollment restrictions, and eligibility. There is no requirement as to what specific clinical programs law schools have to offer, but there are a several types of clinics that are popular among the law schools, including child advocacy, environment, and prosecution and defense to name a few, that may be illustrative for Korean purposes. Finally, this article looks at several factors and concerns that should be addressed when considering the start-up and operation of a law clinic. For example, the clinic’s goals, available resources, and ethical safeguards have to assessed, as well as the student’s ability to practice law, the clinic’s political autonomy, and staffing concerns have to be addressed.

참고문헌 (35)

  1. "Law Student Registration for the Alabama State Bar Association"[URL]
  2. Section on Legal Education and Admissions to Bar, Legal Education and Professional Development-An Educational Continuum, Report of the Task Force on Law Schools and the Profession: Narrowing the Gap, "American Bar Association", ~ (1992)
  3. American Bar Association, "Section of Legal Education and Admissions to the Bar for Approval of Law Schools, Standard 405(c)", ~ (2007)
  4. "CNA Reconfirms Commitment to Provide Professional Liability Insurance to Public Defenders, Legal Aid Societies"[URL]
  5. Engler, Russell, "The MacCrate Report Turns 10: Assessing its Impact and Identifying Gaps We Should Seek to Narrow", Clinical L. Rev, 8, pp.109~ (2001)
  6. Hwang, Yong Kyong, "Practice Related Education in Pusan National University Law School", pp.2011
  7. Honma, Kazuya, "Legal Clinic in the Lawschool of Niigata University", pp.2011
  8. Joy, Peter A, "Political Interference in Clinical Programs: Lessons from the U.S. Experience", Int’l J. Clinical Legal Educ, 8, pp.83~ (2005)
  9. Joy, Peter A, "The Evolution of ABA Standards for Clinical Faculty", Tenn. L. Rev, 75, pp.183~ (2007)
  10. Langbein, John H, "History of the Common Law" (2009), Aspen Publishers
  11. Maranville, Deborah, "Re-vision Quest: A Law School Guide to Designing Eperiential Courses Involving Real Lawyering", N.Y. L. Sch. L. Rev, 56, pp.517~ (2011)
  12. Rosen, Kenneth, "Skills Education in U.S. Law Schools", pp.2011
  13. "U.S. News & World Report"[URL]
  14. "Admission to Practice Rule 9"[URL]
  15. "Columbia University Law School, Clinical Education"[URL]
  16. "Cornell University Law School, Clinical Programs"[URL]
  17. "Gonzaga University School of Law, Clinics"[URL]
  18. "Harvard University Law School, Clinical and Pro Bono Programs"[URL]
  19. "New York University Law School, Clinics"[URL]
  20. "Northwestern University School of Law, Bluhm Legal Clinic"[URL]
  21. "Seattle University School of Law, Law Clinic"[URL]
  22. "Stanford University Law School, Mills Legal Clinic of Stanford Law School"[URL]
  23. "Yale University Law School, Clinics & Experiential Learning"[URL]
  24. "University of Alabama School of Law, Law Clinics"[URL]
  25. "University of California – Berkeley Law School, Clinics"[URL]
  26. "University of Chicago Law School, Clinical Programs"[URL]
  27. "University of Colorado Law School, Clinical Education"[URL]
  28. "University of Indiana Maurer School of Law, Clinical Program"[URL]
  29. "University of Michigan Law School, Clinical Programs"[URL]
  30. "University of Minnesota Law School, Clinical Education"[URL]
  31. "University of Montana School of Law, Clinics"[URL]
  32. "University of Pennsylvania Law School, Gittis Center for Clinical Legal Studies"[URL]
  33. "University of Virginia School of Law, Courses and Clinics"[URL]
  34. "University of Washington School of Law, The Clinical Law Program"[URL]

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