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Collection Highlights

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Edition Chris Ashford

Mental Condition Defences and the Criminal Justice System

Perspectives from Law and Medicine 1st Edition Alan Reed
Ben Livings Chris Ashford

Education and Masculinities Social cultural and global

transformations 1st Edition Chris Haywood

The Emerald Handbook of Modern Information Management 1st

Edition James M. Matarazzo
Al-Muwa■■a■, the Royal Moroccan Edition: The Recension of
Ya■y■ Ibn Ya■y■ Al-Layth■ Imam Malik B. Anas

Saving the Mail Order Bride 1st Edition Linda Broday

The Lost Promise American Universities in the 1960s 1st

Edition Ellen Schrecker

Betrayal 1st Edition Aleatha Romig

Rules, Contracts and Law Enforcement in the Ottoman

Empire: The Case of Tax-Farming Contracts 1st Edition Bora
Altay
Problem and Promise in Colin E Gunton s Doctrine of
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Social Justice and
Legal Education
Social Justice and
Legal Education
Edited by

Chris Ashford and Paul McKeown

Social Justice and Legal Education

Edited by Chris Ashford, and Paul McKeown

This book first published 2018

Cambridge Scholars Publishing

Lady Stephenson Library, Newcastle upon Tyne, NE6 2PA, UK

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

Copyright © 2018 by Chris Ashford, Paul McKeown and contributors

All rights for this book reserved. No part of this book 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 the copyright owner.

ISBN (10): 1-5275-0646-0

ISBN (13): 978-1-5275-0646-6
 TABLE OF CONTENTS

Chapter One ................................................................................................. 1

Introduction: Social Justice and Legal Education
Chris Ashford and Paul McKeown

Chapter Two ................................................................................................ 7

Teaching Access to Justice: Cause Lawyering and Strategic Litigation
in a Clinical Context
Jacqueline Kinghan

Chapter Three ............................................................................................ 24

Teaching Law: The Legal Clinic, the University and Social Justice
Anna Cody and Frances Gibson

Chapter Four .............................................................................................. 43

It’s More than the Site: Supporting Social Justice Through Student
Supervision Practices
Jeff Giddings

Chapter Five .............................................................................................. 65

Ethical Engagement, Embedded Reflection, and Mutual
Empowerment in the Clinical Process
Philip Drake, Natasha Taylor and Stuart Toddington

Chapter Six ................................................................................................ 84

Can Social Justice Values be Taught through Clinical Legal Education?
Paul McKeown

Chapter Seven.......................................................................................... 111

The Birmingham Pro Bono Group: A Case Study of Social
Justice in Legal Education
Bharat Malkani and Linden Thomas
vi Table of Contents

Chapter Eight ........................................................................................... 128

Law in the Community and Access to Justice:
Linking Theory and Practice
Lucy Yeatman

Chapter Nine............................................................................................ 141

Innocence Projects: Losing their Appeal?
Holly Greenwood

Chapter Ten ............................................................................................. 169

Taking Care of Business: Challenging the Traditional Conceptualization
of Social Justice in Clinical Legal Education
Elaine Campbell

Chapter Eleven ........................................................................................ 185

Catalysts for Change in Legal Education: Why “Alternative Business
Structures” Provide a Model for the Future of Legal Education
Sue Prince

Chapter Twelve ....................................................................................... 201

The Chimera of Access to Justice and the Search for Alternatives
Sue Farran

Chapter Thirteen ...................................................................................... 218

Legal Clinics and Social Justice in Post-Communist Countries
Maxim Tomoszek

Chapter Fourteen ..................................................................................... 237

Law Clinic for All: The Key to Attainment of Socio-Economic
Justice in Nigeria
Olusegun Michael Osinibi

Chapter Fifteen ........................................................................................ 253

Experiential Learning, Legal Schools and a Social Mission: Whose
Justice, What Justice?
Richard Grimes

Chapter Sixteen ....................................................................................... 276

Education the Next Generations of LGBTQ Social Justice Attorneys
Ruthann Robson
 Social Justice and Legal Education vii

Chapter Seventeen ................................................................................... 286

The Rise and Fall of Social Justice Within Clinical Legal Education
Victoria Murray

Chapter Eighteen ..................................................................................... 301

Social Justice: Education for Sustainable Development in Law Schools
Jessica Guth

Notes on Contributors.............................................................................. 316

 CHAPTER ONE

INTRODUCTION:
SOCIAL JUSTICE AND LEGAL EDUCATION

CHRIS ASHFORD AND PAUL MCKEOWN

This edited collection is a study of social justice in a legal education

context. Contributors to the collection are drawn from Australia, the Czech
Republic, Nigeria, the United States and the United Kingdom, reflecting
the significant international interest in the subject matter of the book.

Recent years have seen social justice emerge as a powerful driver for work
both in law schools and the legal services sector. However, questions
remain about how that term is understood and given meaning within the
legal academy and beyond.

This edited collection will explore the meanings that have emerged and
might subsequently be developed, together with a practical exploration of
projects that have sought to bring the social justice agenda to life in law
schools and in communities around the world. Contributors consider the
notion of social justice not only citing the literature but drawing upon their
own experiences, thus putting the chapters into context.

Clinical legal education has been a key instrument in this agenda, often
cited as a valuable method of exposing law students to the issue of social
justice and thus instilling such virtues as altruism which they will take into
their future careers. The collection explores the notion of social justice
within clinical legal education, how it is integrated into the methodology
and the impact upon students and the wider community.

However, this collection will also consider how social justice can
influence, or be influenced in, traditional teaching. Law schools might also
address themes of social justice through broader policy questions in
modules such as gender and sexuality, for example, or subjects which
2 Chapter One

combine theory with social justice, for example feminism, queer theory
and critical legal studies.

This edited collection also explores social justice and legal education
globally. These chapters will consider how issues of social justice have
been addressed in Central and Eastern Europe, as well as in Nigeria.

The collection encompasses empirical work, theory and policy chapters

and also case studies. The collection will explore how themes of social
justice contribute to the law curriculum (for example through clinical legal
education, Street Law, and other values-facing modules), together with an
exploration of the broader strategic and policy questions which the social
justice agenda raises for law schools and their stakeholders.

Many of the chapters serve as case studies using practical examples of

projects or modules and how these have shaped the teaching of social
justice at the institution.

This collection begins with a contribution from Jacqueline Kinghan.

Kinghan turns to the subject of teaching access to justice through cause
lawyering. She describes the work of the UCL Centre for Access to Justice
and describes how social justice theory is turned into practice through their
clinical legal education offer. Kinghan concludes that “we cannot separate
the process of legal education from the cultural and social narratives
created by it” and thus rich contextual experiences such as clinical and
practical experience of strategic litigation are a key element in the law
school experience.

Anna Cody and Frances Gibson continue this debate, moving our focus to
the Australian legal education context. They note the varied aims and roles
of universities and the complex policy backdrop to developing these
missions. They conclude that “universities’ contribution to social justice
includes making their knowledge and research accessible to the
community” but also emphasize the importance of clinics to delivering
practical change and challenging workplace inequalities.

Jeff Giddings continues the theme of clinical legal education but moves to
discuss the role of clinical supervision in enabling students to understand
the social justice dimensions of legal processes and legal work.
 Introduction: Social Justice and Legal Education 3

Philip Drake, Natasha Taylor and Stuart Toddington offer another case
study, this time the UK law school at Huddersfield University. The authors
share their findings from exploring the impact of the legal advice clinic on
students’ ethical and professional identities and note how their work
highlights the ongoing need – identified in the UK’s 2013 Legal Education
and Training Review – for greater ethical discussion as part of the UK
undergraduate law experience.

Paul McKeown’s contribution seeks to challenge some of the assumptions

that can be made about those ethical discussions and the assumptions
about social justice that can be made in a clinical legal education context.
McKeown concludes that social justice has a plurality of meaning and that
rather than teaching a set of values, law schools can provide the
framework in which students can themselves (de)construct values.

Bharat Malkani and Linden Thomas provide another case study, this time
the Birmingham Law School Pro Bono Group. The authors explore the
motivations and experiences of students providing pro bono legal advice
through the group and conclude that there is no single clear motivational
driver for the students; rather, a range of factors influences different
students in different ways but the students also advocated a greater role for
the law school in leading the students to explore themes of social justice.

Lucy Yeatman explores some of the challenges in responding to social

justice demands on the law curriculum and notes the importance of clinics
in enabling law schools to do this, but also notes that law schools can be
more creative and look to a range of experiences that enable clinical legal
education to be brought into the heart of a liberal arts degree rather than
acting as a binary alternative to such a programme.

Holly Greenwood turns her attention to innocence projects, providing a

clear overview of the changes and challenges that have faced innocent
projects in recent times. Greenwood notes the recent impact of changes to
innocence projects and their apparent decline in response to these changes.
Yet Greenwood makes the passionate case for the need for innocence
projects to continue within law schools and the enriching value that such
programmes can provide.

Elaine Campbell addresses the role of business law clinics in clinical legal
education and the perception that such clinics might in some way
challenge traditional assumptions about social justice values and the clinic
4 Chapter One

offer. Campbell describes the business law clinic at Northumbria

University and suggests that these types of clinics can reconceptualize the
notion of social justice in a clinical legal education context.

Sue Prince links many of the themes already discussed in a chapter that
explores the future potential role for alternative business structures in re-
shaping legal education. Prince points to examples of pro bono and other
clinic programmes but notes the commercial and technological drivers for
change.

Sue Farran draws upon work undertaken as part of the Justice for the Poor
project, a World Bank initiative in respect of the Pacific island country of
Vanuatu. Farran describes the project and places it in the context of other
international legal education projects that have achieving social justice as a
clear aim of their work. She convincingly makes the case that more can
and must be done to extend the role of the projects in the developing world
as a means of disrupting a system that traditionally places power – and
access to justice – merely in the hands of elites.

Maxim Tomoszek moves our focus to post-communist countries and

documents the development of legal clinics in Central and Eastern Europe.
Tomoszek notes the transformational role that clinic can have and shares a
number of experiences of clinical legal education to reflect this.

Our next contributor turns to exploring clinical legal education in a

Nigerian context. Olusegun Michael Osinibi, like Tomoszek, notes the
transformational nature of clinic but if Tomoszek focused more on social
change, Osinibi perhaps notes the socio-economic more. For Osinibi,
clinical legal education offers nothing less than the transformation of
Nigerian society.

Richard Grimes notes the current trend in legal education towards “hands-
on” or experiential learning. Grimes explores the value of clinic in a global
context of need and considers a number of case studies drawn from
Afghanistan, Georgia, India, Nigeria and Vietnam. Grimes concludes that
we need to be aware of the local, regional and national needs and should
resist seeking to impose a single model of clinical legal education. Instead,
Grimes advocates the importance of dialogue through conduits such as the
Global Alliance for Justice Education.
 Introduction: Social Justice and Legal Education 5

Ruthann Robson turns to the queering of the legal academy. She argues
that whilst law school may be more “friendly”, it is less clear that the legal
academy has been. In a frank and open contribution, Robson reflects on
challenges presented to both LGBTQ faculty and students. She concludes
with a question for LGBTQ faculty to ask of itself, but it is arguably a
question that all law teachers should ask themselves in seeking the pursuit
of social justice aims: “how can we be champions rather than
gatekeepers?”

Victoria Murray offers a broader perspective on what she describes as “the

social justice mission” for law schools and clinical legal education. She
notes the shifting economic and social trends that create new challenges
and opportunities for clinical legal education experiences. For Murray, this
context is crucial in understanding and realizing the value of clinical legal
education, placing social justice at the forefront of legal education.

Finally, Jessica Guth brings our collection to a close with a chapter that
critically considers the role of legal education from a liberal perspective,
and considers education for sustainable development (ESD) alongside
themes of social justice. Guth seeks not merely to examine these concepts
on their academic merits, but also to explore the challenges for universities
in seeking to implement these agendas. Ultimately, Guth concludes on a
theme that runs through many of the contributions of this collection,
namely, empowering students.

This perhaps is a key conclusion that we can draw from this collection.
Social justice – a concept contested and amorphous in nature – can be
given meaning(s) through student empowerment and that empowerment
can be achieved in a variety of creative ways through the law curriculum.
Social justice is so often about the shifting of power, from those who have
it to those who do not. Empowering our own students, giving them the
capacity to shape, influence and make change is perhaps the best and only
way forward that we can continue to debate and (re)frame social justice
and legal education.

Acknowledgements
The editors are extremely grateful to our authors who have worked with us
on this important collection. We are grateful for funding support received
from the Law School at Northumbria University and particularly to
Alexander Maine who provided invaluable research assistance on this
6 Chapter One

project. We are also grateful to our publishers, Cambridge Scholars

Publishing, for supporting us through this journey.
 CHAPTER TWO

TEACHING ACCESS TO JUSTICE:

CAUSE LAWYERING AND STRATEGIC
LITIGATION IN A CLINICAL CONTEXT

JACQUELINE KINGHAN

Lawyers are not simply carriers of a cause but are at the same time its
producers: those who shape it, name it and voice it. 1

Changes in legal education tend to mirror changes in society. It is

unsurprising then that increased attention has been given to strategic
litigation and broader policy impact work in UK law schools of late.2
Changes to legal aid, welfare benefits, educational provision and judicial
review are just some of the many areas in which charities, NGOs and
individuals are turning to the courts with increasing fervour to pursue
change.3 For law school clinics designed to maximize their social justice

1
Ronen Shamir and Sara Chinsky, “Destruction of Houses and Construction of a
Cause: Lawyers and Bedouins in the Israeli Courts.” In Cause Lawyering: Political
Commitments and Professional Responsibilities, edited by A. Sarat and S.
Scheingold. Oxford: Oxford University Press, 1998.
2
See e.g. Aberdeen Law Project’s recent housing law test case success in Cross v
Aberdeen Property Leasing 2014 SLT (Sh Ct) 46. See also Kent Law School’s
Immigration and Asylum Clinic casework and related report: Richard Warren and
Sheona York, “How Children Become Failed Asylum Seekers” (Kent Law School,
2014) https://www.kent.ac.uk/law/clinic/how_children_become_failed_asylum-
seekers.pdf accessed 31 August 2015.
3
See e.g. the successful challenge to the exceptional funding regime in IS v
Director of Legal Aid Casework & Anor [2015] EWHC 1965 (Admin) and to the
proposed residence test for legal aid R (Public Law Project) v The Secretary of
State for Justice [2014] EWHC 2365 (Admin). See also the challenge to cuts to
legal aid for prisoners R (Howard League for Penal Reform and Prisoners Advice
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