Legal Clinics in America and India: An Applied Learning Approach

1. Legal Clinics in America and India: An Applied Learning Approach Professor David W. Tushaus Chairperson, Department of Criminal Justice and Legal Studies Missouri Western State University (MWSU) Fulbright Scholar Banaras Hindu University (BHU), August through December, 2012

2. The end of all education should surely be service, and if a student gets an opportunity of rendering service even whilst he is studying, he should consider it as a rare opportunity and treat it not really as a suspension of his education but rather its complement. Mahatma Gandhi Towards New Education

3. Clinic Reform Work v. Direct Representation 1. Clinic Direct legal representation in Law Schools: Is common in the U.S. Students represent underserved client populations in civil and criminal matters. Students practice many of the skills needed to be an attorney 2. Clinic Reform Work In Law Schools Is also common in the U.S. Involves community education and legislative advocacy Students learn the skills needed as a lawyer and in other professional work and the values of reform work such as community education and legislative reform. A Lawyers role should include collaborative community change. In clinic reform work you can affect the community in ways broader than possible through just individual client representation.

4. Clinic Reform Work Law School Clinic Community Education Example: A student approached the faculty regarding developing a community legal education program in her religious community. She saw a need for general domestic violence education and education concerning legal options available to women who had experienced abuse. Such educational programs were scarce in her community. Faculty - allowed the student to lead the community legal education project

5. Clinic Reform Work Legal Aid Clinic Community Education Example: One of the first tasks students did was reach out to their contacts in the domestic violence community to gain a sense of how to create an effective, and relevant, community education program, generally, and an understanding of how to do so in a culturally sensitive way. The program's content included information on domestic violence within the community, a discussion with the audience on how power and control is defined, and a presentation on legal and non-legal options available to women who have been subjected to abuse, ranging from civil protective orders to tax relief.

6. A Law Student’s Reaction to theCommunity Education Experience “From my perspective as a new lawyer, it seems that good lawyering involves countless assorted skills. The community education program helped me develop many of these skills including how to: • use legal knowledge to aid and empower people and communities, • create more opportunities and choices for people, • develop the understanding that everyone is generally their own best judge of what they need, • confidence, public speaking, listening, reflections, and respect for, and appreciation of, people and cultures.”

7. Examples of other clinics Students have studied legal issues, collaborated with NGO’s and learned how to advocate at the legislature, then gone to the legislature to lobby for change. Examples of such lobbying we have done or you might be able to do include: • Access to Health Care for the poor (we worked w/ SWK students) • The Death Penalty (in collaboration with MADP) • Non-discrimination statute for LGBT citizens (working with Promo) • Environmental problems (something I would like to see us do) Even when the student’s do not get the bill passed, they find they learn valuable information and skills, including enhanced legal knowledge, better understanding of the political process, improved analytical ability, confidence, advocacy skills and public speaking.

8. Examples of other clinics Students have represented clients in a variety of legal problems. Some examples include: • Do it yourself divorce clinic – help clients draft their paperwork • Probate Law Clinic in conjunction with a private attorney • Innocence Project Appeal – evaluating a NGO’s case and making a recommendation to the NGO on whether to represent the client These clinics involve direct client contact and assistance. Students find they learn valuable information and skills, including enhanced legal knowledge, how to interview and interact with clients, improved analytical ability, confidence, and advocacy skills.

9. Clinic Reform Work Are you interested in doing clinic reform work? What areas do you think our reform work should be in (with 50 students there can be more than one)? The new education law? Environmental Issues? Domestic Violence Issues? Other? What kinds of advocacy would you like to do Community education? Legislative Advocacy?

10. Clinic Reform Work 4. Are you willing to participate in a study and write about what you do this semester by? Anonymously answering surveys in English about what you do in the clinic, what you learn, what you would like to see done differently. Helping community members anonymously answer surveys on any community education seminars or other advocacy you may do or participate in? Translating those surveys? These surveys will be shared with my students back home, who will do statistical analysis of the responses. The results of your work my be presented at conferences and in articles, and of course shared with you.

12. In 2012, 155 law students were admitted.

13. Of the 155 students admitted, 57 % were maleand 47 % were female.

14. Of the 155 students admitted, 16% were students of color.

15. Iowa’s Clinical Law Programs • The clinic operates like a law firm within the law school, offering students the opportunity to put their legal skills to use in: • Criminal Defense • Disability • Domestic Violence • Employment • Civil • Immigration • Family • Clinic Reform Work

16. Externships • In addition to its diverse "in-house" clinic, Iowa offers an externship program that places students in a variety of legal settings. These externships are under the direct supervision of staff attorneys and also are supervised by College of Law faculty members. • Students have been placed with judges in the following courts: • US District Court • US Magistrate Court • US Bankruptcy Court • In addition, students have worked in the offices of the US Attorney for the Southern District of Iowa in Des Moines and the Quad Cities. • Other placements have included: • Iowa Attorney General • Youth Law Center in Des Moines • Student Legal Services in Iowa City • Iowa City City Attorney's Office • Federal Public Defender in Cedar Rapids • Iowa Legal Aid in Cedar Rapids and Iowa City • HELP Legal Services in Davenport

17. Professors & Staff • Professors • Patricia N. Acton • John S. Allen • Lois K. Cox • Jean Lawrence • Nathan Miller • Leonard A. Sandler • Barbara A. Schwartz • John B. Whiston • Staff • MishelleEckland • Becky Yoder

20. Around 4 billion people are excluded from the rule of law. To legally empower the poor they must have effective, legally protected rights, including The right to vote The right to free expression The right to due process

21. Legal Empowerment of the Poor may be improved through the following measures: • Encourage courts to fairly serve the interests of the poor • Alternative dispute resolution • Broaden the scope of legal services to the poor• Support legal empowerment of women, minorities, refugees, displaced persons and indigenous peoples

22. Broaden scope of legal services to the poor • make greater use of paralegals and law students • provide community education of legal rights to the poor

23. Benefits of Service Learning Service Learning (SL) is a form of Applied Learning that involves community service. Service Learning Improves Analysis of issues Civic engagement Critical Thinking Integrated SL = Service related to learning is the most effective