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Authors:Li Du, Meng Wang Abstract: Asian Journal of Legal Education, Ahead of Print. This study aims to fill the knowledge gap about the emerging Chinese empirical legal scholarship and its potential for the improvement of legal education. We analysed empirical legal studies (ELS) published in 24 major Chinese legal journals between 2013 and 2020. The content analysis of 456 articles established the overall attitude towards ELS, fields of law that deploy empirical methods, commonly used methods and tools for statistical analysis, and why scholars use ELS. This study indicates that although ELS has become a trend in legal scholarship, ELS has not received enough attention in Chinese legal academy. While new interdisciplinary programmes that combine both law and data science are underway in a few leading law schools, the use of ELS by Chinese legal scholars remain low. Law schools in China can address the issue by developing training programmes to introduce the legal community to this growing field. Citation: Asian Journal of Legal Education PubDate: 2022-06-06T12:04:32Z DOI: 10.1177/23220058221101986
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Authors:Badrinath Srinivasan, Seema Yadav Abstract: Asian Journal of Legal Education, Ahead of Print. There is a wide gap between what is taught in classroom and that which is practised in law: this is an oft-made complaint. Various efforts have been taken in India to bridge this gap, but such efforts have not been regarded as adequate. How this serious shortcoming can be addressed has been the subject of various debates, not only in India but also world-over. Numerous solutions have been proposed to address this issue. There can be no single answer to the various challenges that this gap poses. One such solution is the default rules theory. This article explores the potential of default rules theory in bridging the gap between law as taught in the classroom and law in practice. It explains with illustrations how the theory can promote better understanding of contract law doctrines in action and enable a nuanced critique of contract law. This article argues that legal academia misses out by not including the default rules theory in legal analysis and critique. Citation: Asian Journal of Legal Education PubDate: 2022-05-27T05:20:29Z DOI: 10.1177/23220058221099820
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Authors:Doan Thanh Hai, Doan Thi Phuong Diep, Nguyen Nu Hong Duong Abstract: Asian Journal of Legal Education, Ahead of Print. This article aims to figure out why feminist legal theory is called for being studied in Vietnam and what are the possible implications of the movement of adopting feminist legal theory in Vietnam, specifically, for Vietnamese academia legal education and scholarship. This article first argues that Vietnamese legal scholarship and education lacks a soul regarding gender-related issues—a feminist insight. This article points out that finding a feminist legal theory has long been a quest for Vietnamese scholars. It would follow from this that the recognition and adoption of feminist legal scholarship can have overall positive impacts on the Vietnamese legal academia and its scholarship and contribute to addressing the need for gender equality in legal academia and the whole society. Citation: Asian Journal of Legal Education PubDate: 2022-05-27T05:19:49Z DOI: 10.1177/23220058221101984
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Authors:Mrinalini Banerjee, S. Shanthakumar Abstract: Asian Journal of Legal Education, Ahead of Print. The COVID-19 pandemic came as a shock for the entire world, and it is still ongoing, consequentially hindering mankind from following their normal lives. The novel coronavirus was first reported from the Wuhan city, Hubei province of China, and WHO was aware of the same on 31 December 2019. The entire world came to still for months to prevent the virus from spreading. In India, there was a massive displacement of over 200 million migrant workers due to the sudden lockdown in the country. During this turmoil, the authors feel that the rights of the climate refugees were overlooked. This article will examine the health rights of the climate refugees during this pandemic with a specific focus on the climate refugees staying in the Sundarban Delta during this pandemic. The authors have undertaken a theoretical and qualitative data analysis to analyse the same. The study’s findings showcase the vulnerability due to the negligible health facilities available for them. In this regard, the article would identify the lacuna in the legal framework for protecting the rights of the climate refugees and will argue for integrating and interpreting International Law and Human Rights Law to at least cover the health rights of the climate refugees during pandemics. The authors suggest that the rights of climate change refugees should not be ignored. Citation: Asian Journal of Legal Education PubDate: 2022-05-20T04:28:20Z DOI: 10.1177/23220058221098027
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Authors:Sanjeet Ruhal Abstract: Asian Journal of Legal Education, Ahead of Print. Maritime law as a career option attracts several students to pursue higher education. However, despite a few Indian institutions offering postgraduate programmes in Maritime Law, students prefer to go abroad and study at well-established centres of maritime legal education. This article throws light upon such a trend and discusses the possibility of retaining the brightest Indian students and attracting students from abroad to study in India. For that purpose, it identifies the reasons for discontinuing maritime courses at various universities and the lessons to be learned from the experiences. Finally, based on a critical analysis of the current system, the article provides some suggestions to enhance the quality of maritime legal education in India. Citation: Asian Journal of Legal Education PubDate: 2022-05-17T05:34:09Z DOI: 10.1177/23220058221099676
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Authors:Jagdish Wamanrao Khobragade Abstract: Asian Journal of Legal Education, Ahead of Print. The onslaught of the COVID-19 pandemic has claimed millions of lives across the globe, and since its emergence, it has brought to the fore the urgency of addressing public health issues from a global perspective. Notwithstanding the calls for collective action and ambitious global initiatives launched under the aegis of the World Health Organization (WHO), the search for effective new drugs and vaccines and their equitable and affordable access remain captive to the contentious issue of balancing the commercial (intellectual property) rights of the medicine manufacturers and the basic right to health of the vast majority of humankind. There has been a divide among the governments of the developed and developing countries as they jockey to seek trade concessions and intellectual property (IP) waivers in multilateral Trade-Related Aspects of Intellectual Property Rights (TRIPS) forums to ensure affordable treatment for their population. Neither the multilateral trade talks nor the parallel global initiatives, especially the ambitious COVID-19 Technology Access Pool (C-TAP) project, has made the promised progress, thus showing that the ground reality is a far cry from the appealing ideas of global solidarity. The pandemic continues to take its toll; calls for a global response to global challenges are getting louder and shriller by the day. The present study attempts to trace the history of collective action in the realm of public health from the social and commercial perspectives. It is to seek a globalized approach to global health issues within the framework of distributive justice. It is observed that the present global framework found a sound economic sense with little scope for global health jurisprudence. Citation: Asian Journal of Legal Education PubDate: 2022-04-03T03:12:03Z DOI: 10.1177/23220058221084031
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Authors:Ravindra Kumar Singh First page: 7 Abstract: Asian Journal of Legal Education, Ahead of Print. Legal education is to serve the purpose of creating well-versed and proficient professionals who can render the best legal service to the people and help them get justice. Moreover, it is also to produce law-abiding and well-informed citizens who can carry out their duties in their professional life (irrespective of the nature of profession) for maintaining the rule of law. Along with a very strong foundation of substantive law, law students must also be oriented to the application of law during their undergraduate programme. This goal is to be realized through clinical legal education (CLE), which was introduced with an aim of combining the theory with practice. It also helps inculcate a sense of social justice in law students, as they closely see the application of law in a real life situation; they realize how law benefits people; they get closely connected to the society; they learn professional ethics; they develop problem solving approach; they get immeasurable satisfaction and confidence in the power of law; and more particularly, they comprehend that law is the real robust instrument to ensure and secure inclusive justice in the society. CLE, thus, makes the legal education all-inclusive and wholesome by making law students the agents of social change and champions of justice. This research article argues that CLE is indispensable for the attainment of inclusive justice. It also gauges the state of CLE in India from this perspective. Lastly, the article offers a few convincing suggestions which need to be incorporated in the legal education framework of India in order to ensure the higher goal of attainment of inclusive justice in India. Citation: Asian Journal of Legal Education PubDate: 2021-11-14T04:30:59Z DOI: 10.1177/09717218211030784
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Authors:Omar Madhloom, Irene Antonopoulos First page: 23 Abstract: Asian Journal of Legal Education, Ahead of Print. This article explores the theoretical foundations for a social justice–centric global law clinic movement. Our starting position is that law clinics, a type of clinical legal education (CLE), are in a unique position to engage in, and potentially promote, social justice issues outside their immediate communities and jurisdictions. To achieve this aim, it is necessary for law clinics to adopt a universal pro forma underpinned by the key concepts of CLE, namely social justice education and promoting access to justice through law reform. We argue that the main features of CLE are aligned with those of the Universal Declaration of Human Rights (UDHR) on issues such as human dignity and social justice. Incorporating UDHR values into CLE serves three purposes. First, it acts as a universal pro forma, which facilitates communication between clinics across jurisdictions, irrespective of their cultural or legal background. Second, it allows clinics to identify sources of global injustices and to share resources and expertise to collectively address injustices. Third, the theoretical approach advocated in this article argues that clinics have a Kantian moral right to engage in transnational law reform. Citation: Asian Journal of Legal Education PubDate: 2021-10-26T12:22:17Z DOI: 10.1177/23220058211051031
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Authors:Afolasade A. Adewumi, Oluyomi Susan Pitan First page: 36 Abstract: Asian Journal of Legal Education, Ahead of Print. The Council of Legal Education, which is the regulatory body for the legal profession in Nigeria, has made it clear over the years that the training of lawyers cannot be adequately carried out through correspondence or distance learning, which can be interpreted as online learning or remote learning. As a response to the COVID-19 pandemic lockdown, various online teaching and learning methods were adopted by educational institutions all over the world, to ensure the continuity of the learning process, truncated by the pandemic. This study, carried out through a multidisciplinary approach, is an assessment of the perception of students on the level of effectiveness of COVID-19-imposed online teaching and learning, especially, in comparison with the traditional classroom setting among legal education students in Nigeria. From the study, it was observed that students perceived the online learning method to be more effective than the traditional face-to-face method of delivery but were less focused during the online classes as compared to physical classes. Furthermore, many of the students opined that online classes should be discontinued after the lockdown. Despite students’ distractions during online learning, there is a need to recognize that online learning is a panacea for the crisis at hand (the COVID-19 pandemic), and for as long as it lasts, there may not be a complete return to the physical classroom setting. The study suggests ways of minimizing the challenges that students who do not find online learning effective face with its use, while also calling on the Council of Legal Education to revisit its stance towards the adoption of online learning as a suitable teaching method to be incorporated into legal education. Citation: Asian Journal of Legal Education PubDate: 2021-12-05T06:16:12Z DOI: 10.1177/23220058211061915
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Authors:Pravin Mishra, Vijay Pratap Tiwari First page: 54 Abstract: Asian Journal of Legal Education, Ahead of Print. The fate of a criminal case to a large extent depends upon choosing the right lawyer. But the choice of a right lawyer requires some amount of experience and expertise, which a layman intending to hire a lawyer may not be equipped with. Even if the client has made a smart choice in identifying a right lawyer for him, the lawyer so identified might not be willing to accept a brief for the reasons best known to the lawyer. At times a peculiar situation may arise before the lawyer where the lawyer seeks to withdraw from representing the accused. There are various pitfalls to the client’s right from the stage of making a choice of a competent lawyer to defend the accused up to the end of the legal battle. The article deals with the professional ethics involved when a counsel accepts a brief or seeks to withdraw from representing an accused and terminate the advocate–client relationship. Citation: Asian Journal of Legal Education PubDate: 2021-12-11T04:55:42Z DOI: 10.1177/23220058211060714
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Authors:Sanjit Kumar Chakraborty, Tushar Krishna First page: 64 Abstract: Asian Journal of Legal Education, Ahead of Print. Legal education serves as a means of social regulation and a tool for social transformation. In 2020, the Indian government released India’s third educational policy, considered the most ambitious educational policy ever. However, legal scholars fostered several misgivings about the efficacy of the drafted policy in addressing underlying shortcomings in legal education in India. Serious concerns have been raised, especially in light of the nation’s recent loss of prospects in the global economy that could have been achieved otherwise. As a result, addressing the debate that arose due to the NEP’s introduction and its impact upon legal education, which is still subjugated by multiple regulatory frameworks, has become critical. Against this background, the present research explores legal education and its history to better grasp the problems at hand. Following that, the article attempts to analyse the quotidian adversities faced by the institutions and regulators in meeting the demands of the new world order. While doing so, this article takes a critical approach to identify the concerns and inhibitions that exist under the draft policy and remains unresolved by the NEP in view of aimed ‘radical reconstruction of education’. Finally, the authors conclude the article with findings and recommendations. Citation: Asian Journal of Legal Education PubDate: 2021-12-20T04:06:29Z DOI: 10.1177/23220058211065983
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Authors:Paramita DasGupta, Saurya Bhattacharya First page: 86 Abstract: Asian Journal of Legal Education, Ahead of Print. Of the various less-than-comfortable narrative strands of the status quo that the COVID-19 pandemic has succeeded in showing up in stark relief—our rather troubling (if somewhat half-hearted) complacence about the systemic blind-spots that continue to colour the prevailing culture of a clearly inequitable higher education policy-framework—easily features among the most worrying, and thus, among those precise pulse-points that carry tremendous potential to help build the post-pandemic reset better, stronger and palpably fairer.1 In this piece, the authors endeavour to elaborate upon this and supplement the same with a brief analysis of India’s year-old National Education Policy, 20202—and how this nation (India) of more than 1.3 billion,3 supposedly poised on the cusp of a massive self-reinvention—is attempting to embark upon this journey. Citation: Asian Journal of Legal Education PubDate: 2021-11-14T04:31:19Z DOI: 10.1177/23220058211042475
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Authors:Harsh Mahaseth, Sanchita Makhija First page: 99 Abstract: Asian Journal of Legal Education, Ahead of Print. The rise of the corporate sector in the legal profession is a phenomenon which has been accompanied by a rising popularity of the legal profession. The legal profession from being a mere ‘backup’ option has transformed into a lucrative avenue which students are choosing to opt for willingly that is, the profession has gained the attention of students as a worthwhile career option. There is a web of factors which is propelling this trend in India. These factors include the increasing standards of legal education in India, and the establishment of the first National Law University in Bangalore in 1986. NLSIU’s polished and premium education standards set the ball rolling for National Law Universities which were established following its example. The legal profession took centre-stage and provided that option to the students. The allure of a corporate job where they could earn lakhs and climb hierarchies in order to earn more proved to be an effective potential reward for this new generation of students. This change in the prioritization of an entire generation resulted in the NLUs re-orienting their curriculum to offer the best corporate conditioning to these young aspiring lawyers. The initial idea of focusing on improving the litigation standards of the country was effectively discarded and it was replaced with an active pursuit of producing a corporate culture in law schools. This article will look at the institutional change, the factors affecting this shift in legal education, and concludes by identifying both positive and negative factors due to this shift. Citation: Asian Journal of Legal Education PubDate: 2021-09-23T03:51:45Z DOI: 10.1177/23220058211039418
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Authors:Paolo Vargiu First page: 114 Abstract: Asian Journal of Legal Education, Ahead of Print. This article is aimed at contributing to the ongoing debate on the purpose of law school and the work of law teachers, calling for a scholarship-based approach to teaching, centred on culture, research and method and advocating for seminars to replace lectures as the core method of teaching delivery in law schools. The article addresses, under this perspective, the salient elements of legal education: the philosophy of a teacher, the function of lectures and seminars, the problem of the time necessary to gain the required preparation, the importance of reading and the role played by assessment in the economy of a law degree. It is argued that teaching delivery methods should be the subject of constant reflection, and that the drafting of law school curricula should aim at cultivating the intellectual abilities and curiosity of law students, focussing on their education rather than their mere instruction. Citation: Asian Journal of Legal Education PubDate: 2021-12-28T03:58:37Z DOI: 10.1177/23220058211068442
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Authors:T. S. N. Sastry First page: 124 Abstract: Asian Journal of Legal Education, Ahead of Print.
Citation: Asian Journal of Legal Education PubDate: 2021-12-28T03:57:57Z DOI: 10.1177/23220058211068420
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