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Authors:Amit Bindal, Latika Vashist Abstract: Asian Journal of Legal Education, Ahead of Print. This article explores the intersection between law and psychoanalysis. We argue that psychoanalysis provides a method of reading the law in a novel, nuanced and subversive way. Paying attention to repetitions and repressions in the text of the law, one can discern, what has been named, ‘the legal unconscious’. The essay seeks to introduce law students to some of the foundational ideas of psychoanalysis and illustrate the possibilities of alternative legal imaginations that this method opens up. Citation: Asian Journal of Legal Education PubDate: 2023-01-14T02:45:30Z DOI: 10.1177/23220058221139075
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Authors:Mazlifah Mansoor, Azni Mond Dian, Habibah Omar, Syazlin Mansor Abstract: Asian Journal of Legal Education, Ahead of Print. In the era of the COVID-19 pandemic, online distance learning is an essential part of ongoing education for law enforcement officers all over the country. However, limited research has been done on using learning management systems by law enforcement agencies for professional development. This study aims to determine how law enforcement officers perceive and respond to distance learning as a tool for professional development. They may have adopted distance learning technology without determining its effectiveness in training or education. This study examines the characteristics, benefits and drawbacks of open distance learning (ODL), as well as the difficulties in its application to the legal training of fire services officers (FS officers) in the Fire and Rescue Department of Malaysia. The study utilized a focus group consisting of 15 FS officers. Quantitative and qualitative data are combined using the mixed-methods research design. The findings indicate that FS officers encountered various obstacles when applying to and completing training programmes via online ODL, which included practical legal training. The primary hurdles identified are adaptability, technical knowledge, computer literacy, communication, distraction issues and time management. However, the study found that law enforcement officers perceive and respond well to distance learning as a tool for professional development. The instructional material design stimulates active learning by the trainees so they can track their progress during the training, contributing to this result. Citation: Asian Journal of Legal Education PubDate: 2022-12-26T07:11:33Z DOI: 10.1177/23220058221143442
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Authors:N. L. Mitra, Manoj Kumar Sinha First page: 7 Abstract: Asian Journal of Legal Education, Ahead of Print. Every field of higher education, including the arts, social sciences, physical sciences, technology, and law, as well as every form of education, whether general, professional, or technical, has something to ‘take’ from the National Education Policy (NEP) 2020. This is the first time in the history of the National Education Policy that legal education is referenced within the context of higher education. All stand-alone universities, such as National Law Universities, must be turned into multidisciplinary universities under Policy 2020. By 2030, all institutions that provide professional or general education will strive to organically evolve into institutions that provide both fluidly and integrated manner. The Policy called for the complete abolition of the affiliation system and the conversion of affiliated institutions into either constituent colleges of the university under the direct management and control of the university or autonomous multidisciplinary degree conferring colleges, or for a few affiliated colleges to be bundled together through mergers and acquisitions and then converted into either autonomous institutions or universities, and affiliated colleges in phase manner will be converted into autonomous colleges. Under the NEP 2020, there will be a single regulatory structure for all forms of education, with the exception of medical and legal education. However, the Policy did not establish or mention a distinct regulator for law and medicine. Whereas the National Medical Commission (NMC), the successor to the Medical Council of India, was established to regulate medical education, the Bar Council of India (BCI) was established by the Advocates Act solely to establish a professional body for practising advocates (Bar Council of India and States). If the BCI is to function as a regulatory body for legal education, it must walk a mile in order to implement the NEP 2020 for all stages of legal education, undergraduate, postgraduate, and research studies, as well as for all types of education, academic, professional, and clinical skill learning. Assuming that the deadline specified in the NEP 2020 is final and that a new shape of education is required under the NEP, BCI will need to emphasize what needs to be done and then how such changes in all levels can be accomplished within the timeframe! Citation: Asian Journal of Legal Education PubDate: 2022-12-13T02:03:24Z DOI: 10.1177/23220058221138121
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Authors:Simon Alexander Wood First page: 23 Abstract: Asian Journal of Legal Education, Ahead of Print. One of the significant challenges in legal education during the coronavirus pandemic 2020–2022 was effectively conducting remote practical advocacy courses. This article addresses that issue by reporting results of a study conducted of final-year undergraduate law students taking part in a civil trial advocacy course conducted over two semesters, as part of their regular studies in their degree course. Candidates were surveyed at the conclusion of their studies on issues including what technology students used to take part in the course, technological issues encountered as part of their studies, whether they perceived that remote training was inferior or superior to in-person training, and what were their attitudes to specific issues in the remote course on advocacy including witness cheating, making objections, team cooperation, sharing of workload and assessment of student participation and performance. The survey results have validated the author’s hypothesis that in-person trial advocacy training provides better training than a remote course. However, none of the five supposed limitations of remote training were validated. In fact, for many students, specific aspects of the remote course were viewed as conducive to better student training or at least reducing the practical inconvenience of some aspects of in-person advocacy training. This provides some reassurance to educators that remote training provides an effective, if slightly less preferable, mode in which to teach practical advocacy. This is encouraging when it seems that remote advocacy in the legal profession appears likely to remain a feature of legal practice indefinitely. Based on the salutary information received from the study, it is recommended that legal educators periodically conduct such voluntary surveys for the remote teaching of skills-based courses Citation: Asian Journal of Legal Education PubDate: 2022-10-31T05:33:31Z DOI: 10.1177/23220058221125165
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Authors:Lynne Taylor, Valerie Sotardi, Ursula Cheer, Erik Brogt, Natalie Baird First page: 43 Abstract: Asian Journal of Legal Education, Ahead of Print. From 2014 to 2019, a national, longitudinal study followed a group of self-selected law students enrolled at four of the six Aotearoa New Zealand law schools. This paper presents study participants’ self-reported post-law school reflections and experiences. These provide insight as to how participants’ time at law school served them after graduation. Reported data include participants’ work experiences, future career plans and reflections on their law school experience. The data is unique in that it captures the postgraduation experiences and reflections of a cohort which includes not only those who are employed in the legal profession but also those who are not. Key findings are largely positive self-reported post-law school outcomes for Aotearoa New Zealand law graduates, but that Aotearoa New Zealand law schools have work to do review and/or improve the delivery of the learning and teaching experiences leading to those outcomes. The reported data give law teachers, law schools and universities new information to consider and use in course and programme development and reviews. It will also be of interest to prospective and current law students and their families, employers of law graduates and the legal profession. Citation: Asian Journal of Legal Education PubDate: 2022-12-04T12:18:51Z DOI: 10.1177/23220058221133653
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Authors:Ardyllis Alves Soares, Niteesh Kumar Upadhyay, Maria A. Bazhina, Mahak Rathee First page: 63 Abstract: Asian Journal of Legal Education, Ahead of Print. Education is a crucial tool for bringing a positive change in society and for the growth of the economy. While talking about legal education, in particular, it has been imparted in all the nations in some form or other, and it is imperative to impart legal education properly to make the members of the society more civilized and stable. Legal education can play a vital role in bringing peace, justice and imparting human rights in society. However, there are numerous challenges that the education systems face all across the globe, and there is a need to look into these challenges for the growth of the society. The researchers in this article have provided a detailed analysis of the education systems in three different countries, that is, Russia, India and Brazil. The researchers have further discussed the issues and challenges in the legal education systems in these countries, and in the end, suggestions have been provided for bringing a change in the global education system. Citation: Asian Journal of Legal Education PubDate: 2022-07-14T10:59:26Z DOI: 10.1177/23220058221105255
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Authors:Ben Chester Cheong First page: 74 Abstract: Asian Journal of Legal Education, Ahead of Print. In an environment that aims to promote lifelong and adult learning, legal education needs to be acutely aware of the different skill and learning aptitudes among adult students as well as their motivation and interest. I present a case study of a first-year undergraduate law course, law of business organisation, at the Singapore University of Social Sciences where I used various adult teaching techniques, a strategy of gamification, and digital tools to engage and spark an interest in my law classroom. Overall, students have found the approach successful in cultivating their interests and developing their practical skills. The findings speak to broader concepts of active engagement and developing their practical knowledge to aid law students in their learning and future careers. Albert Einstein once said that ‘it is the supreme art of the teacher to awaken joy in creative expression and knowledge’. The article is divided into five parts, the first part provides an overview of the pedagogy of adult teaching and learning, the second part provides an overview of generic curriculum approaches at the law school, the third part covers the tailored approach to teach adult learners, the fourth part examines in further detail specific teaching methods for a business law module which I am course leader for, and the fifth part explores the effectiveness of these teaching methods. Citation: Asian Journal of Legal Education PubDate: 2022-12-19T11:02:25Z DOI: 10.1177/23220058221139063
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Authors:Arindam Basu, Sharda Mandal First page: 87 Abstract: Asian Journal of Legal Education, Ahead of Print. The oceans’ role in maintaining the climate of this planet is unquestionably vital. But today, the fine balance in ocean chemistry is dangerously upset by the global warming, leading to more warmer oceans and a continuous rise in sea level across the globe. With that comes the threat to marine lives and ecosystems. India has a 7,516.6 km long coastline which is the home to many marginal poor communities who mainly survive on the ocean resources. Alongside, the adjacent marine environment contains an astounding array of biodiversity, harbouring innumerable species with ecological and commercial significance. However, Indian coastal regions are also not spared from the ill effects of climate change. The condition is frightening enough as the lives of hundreds and thousands of people living at the coast are at critical risk, along with the possibility of irreparable loss of biodiversity. India, thus far, has offered a fragmented conservation methodology for its coastal regions. The laws, regulations and policies that matter most in their current forms lack synergy and clear insight. This article tracks those ambiguities and advances a central argument that India needs to put in place an inclusive climate strategy without further eroding environmental laws that play a key role in conserving its coastal and marine environment. Citation: Asian Journal of Legal Education PubDate: 2022-07-18T10:39:10Z DOI: 10.1177/23220058221111299
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Authors:Andrea Todd, Lucy Blackburn First page: 101 Abstract: Asian Journal of Legal Education, Ahead of Print. This commentary details the sweeping changes to the route to qualification as a solicitor in England and Wales brought about in September 2021 and considers the opportunities and risks presented to university law school clinics by one aspect of this route: the new system of Qualifying Work Experience (QWE). The article reflects on the opportunities for law clinic development, innovation and recognition offered by QWE and weighs these up against the potential risks that will need to be managed carefully to avoid them becoming a threat to law clinic enhancement. The article considers the results of an early data gathering exercise to garner clinician and student volunteer perspectives on QWE within its first year of operation. Citation: Asian Journal of Legal Education PubDate: 2022-11-11T08:40:50Z DOI: 10.1177/23220058221126654
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Authors:Naveen Sharma First page: 111 Abstract: Asian Journal of Legal Education, Ahead of Print. Socio-Legal Research: Theory and Methodology, P.P. Mitra, Thomson Reuters South Asia Private Limited, India, 2021 pp. xxiv + 181. Price ₹400, ISBN 978-819-47-7232-3. Citation: Asian Journal of Legal Education PubDate: 2022-11-11T08:41:20Z DOI: 10.1177/23220058221132599
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Authors:Laura Bradley First page: 114 Abstract: Asian Journal of Legal Education, Ahead of Print. Thinking about Clinical Legal Education: Philosophical and Theoretical Perspectives. Edited by Omar Madhloom and Hugh McFaul, Routledge, London, 2021. pp. 284 (Hardback), £100.00 ISBN 9780367273491, (eBook), £29.59 ISBN 9780429299247. Citation: Asian Journal of Legal Education PubDate: 2022-10-23T08:35:14Z DOI: 10.1177/23220058221132605
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Authors:Andrea Todd First page: 116 Abstract: Asian Journal of Legal Education, Ahead of Print. Complete Contract Law. Edited by André Naidoo, Oxford University Press, Oxford, 2021. pp. 692, £37.99. ISBN 9780198749868. Citation: Asian Journal of Legal Education PubDate: 2022-10-28T03:50:01Z DOI: 10.1177/23220058221132604