Access to Justice: Building Expertise for the Legal Profession at Law Schools
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1 Access to Justice: Building Expertise for the Legal Profession at Law Schools Jane Schukoske, CEO, IRRAD Gurgaon, India GAJE Conference 14 December, 2013, 9:00 10:30am
2 How can law students/faculty contribute to access to justice? Accelerate legal literacy and good governance for the marginalized majority in India Educate those who work with the disadvantaged (police, teachers, health and social workers, who else?) to recognize gaps in implementation of the law Enhance availability of legal aid through Legal Services Authorities and pro bono efforts Continuously build capacity among law schools and legal resource centers to better serve the poor
3 How can law schools contribute to access to justice? Provide meaningful community legal services Engage students in District Legal Services Authorities legal aid clinics (Aug 2011) Conduct legal aid camps/ict efforts with LSAs Prepare and share poverty law practice materials Conduct socio-legal and policy research Build continuity in this movement in India: o Build a network and task forces across law schools
4 Clinical legal education in India: selected efforts West Bengal National University of Juridical Sciences Legal Aid Society; clinical work and intra-state conferences; Asian Journal of Legal Education; Journal of Indian Law and Society V.M. Salgoacar Law College: legal aid cells in 35 villages in Goa; seven-state study of law school based legal aid clinics funded by Ministry of Law & Justice and UNDP Jindal Global Law School collaboration with IRRAD on Good Governance Now training of villagers
5 Cross-cultural collaborations on access to justice Types: on-site and virtual internship projects and joint class Purposes Preparation Communications Ethics Supervision Continuity/networks
6 Internships at IRRAD: purpose Inspire law students and faculty to take up the cause of vulnerable groups Increase capacity of NGO to take on studies and drafting assignments Expose students and faculty to the lives of the marginalized and efforts to provide access to justice Sensitize students and faculty to respect the dignity of marginalized persons and build access to justice Provide cross-cultural perspectives on access to justice and legal solution to help the marginalized
7 Internships at IRRAD: advance preparation NGO project formulation with deliverables Identify student s learning goals Map relevant Indian context/resources Find helpful resources from outside Student to research the organization, its issues, its website, publicity, key people, work context - time is short! Predict ethical issues so you are better able to spot them
8 Law internship projects at IRRAD JGLS Brochure on clinical legal methodology; concept note on training of rural lawyers; concept note on regional conferences (8 students) (2011) University of Baltimore School of Law (2011) Concept notes on regional conferences and training University of Nevada, Boyd School of Law documentary film on Good Governance Now GGN (2012) York University, U.K. Day care entitlements in five rural villages of Mewat (2012)
9 Law internship projects at IRRAD NUJS (Kolkata ) Guidebook on 'Good Governance Now' for law students in India (2013) Harvard Law School Food Security Legislation and Recommendations for Rights Enforcement in Haryana State (2013) Panchayati Raj in Haryana State challenges, alternatives and suggested work areas (2013) Agricultural Law and Policy Recommendations for Rainfed Agriculture in Haryana (2013) Film on water issues and rights (2014)
10 Internship at IRRAD: Challenges Duties: Build capacity of the organization to stage legal awareness programmes, conduct research and contribute to policy discussions Practice challenges: unstructured legal work, requires creativity Professional reflections: How should an NGO facilitate access to justice for the rural poor? How can the legal services authority system be enhanced?
11 What can legal education networks do to improve basic service delivery and access to justice in India? Weave values and examples into the curriculum o Readings and assignments on entitlements (water, food, +) o Development of research and reference materials o Policy analysis and development Establish best practices for student work in rural legal aid clinics o Use community-centric orientation and social audits o Share research and materials to train and audit competently o Promote clinical skills to enhance teacher s ability to supervise students o Address ethical issues: conflicts of interest, competence, other o Be clear about when is an advocate required o Use communications networks and clearinghouse/databases - By state? Region? Nationally?
12 Legal Aid Resources State Legal Services Authorities and UNDP India study Law school clinic materials GAJE.org: Global Alliance for Justice Education I-Probono.com: online network to connect organizations needing legal aid to lawyers and law students Namati.org clearinghouse for legal empowerment tools Supported by Open Society Institute Legal Aid Reformers Network:
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