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This short commentary examines the impacts of having "no numerical grades" during the Covid-19 pandemic. The author explores how this disruptive moment may open opportunities for competency-based assessment in legal education.
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Assessment is the practice of documenting, evaluating, and measuring students’ learning or achievement. Assessments can be formative (that is, occurring throughout a course) or summative (occurring at the culmination of a course). Legal education, and therefore assessment practices, are influenced by many factors including the regulation of higher education, socioeconomic conditions, colonialism, corruption, privatisation, and other local conditions. Assessment methods in legal education tend to be summative, typically focusing on legal knowledge, and often occur in the form of a formal written or oral examination. Assessment is often norm-referenced rather than criterion-referenced. Over the past several decades, teaching methods in law have diversified significantly and new forms of assessment have been introduced. AI, globalisation, online education, economic conditions, and other phenomenon will undoubtedly impact the role and types of assessment in legal education.
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Supervision has been described as the "beating heart" and the "core" of clinical legal education. Yet lawyers who supervise law students in clinical programs have challenging and poorly understood roles within Canadian legal education. This article analyzes interviews with lawyers who supervise students in Canadian law-school affiliated legal clinics. Supervising lawyers describe the tensions between their roles as lawyers, supervisors and mentors, university and/or non-profit employees, social justice advocates, members of law societies, and clinic team members. These tensions often exist within an environment of lower pay, poor job security, substandard treatment by colleagues, inadequate training, and other aspects that paint a bleak picture. Despite these challenges, supervising lawyers describe intense satisfaction and inspiration derived from their work with students, clients, and the community. This article sheds light on the pedagogies employed by clinicians, their conditions of employment, and their roles in legal education more broadly. We conclude the article with our reflections about how law schools, clinics, and the legal profession can respond to the need to better support the vital work of supervision in clinical legal education.
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<p><span>Research in clinical law, critical legal studies, and therapeutic jurisprudence has spotlighted serious challenges that clients face whe
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This chapter considers the distinctive nature of clinical legal education in North America. Both the USA and Canada have rich heritages of influential and inspirational clinical legal education. Clinicians from the USA have been leaders in the development of clinical pedagogy and scholarship. The scale and strength of US CLE means that clinical faculty are better embedded in their law schools than in other countries. Canadian clinical programs developed in the 1970s and forged distinctive connections to community legal aid agencies. The future trajectory of Canadian clinics is unclear with changes afoot for legal education and the regulation of the legal profession.
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This study analyses interviews with frontline service workers employed in agencies in Windsor, Ontario, Canada who work with persons without immigration status. Through these interviews, frontline service workers provided insights into their work with persons without status, including the significant barriers to effective service provision requiring 'covert practices' as part of their work. The interview subjects ultimately conclude that an access without fear (AWF) policy would indeed bolster their efforts to work with persons without status, buttressing claims that an AWF policy can be a useful tool to support the basic needs of persons without status. However, the interviews also raise questions about how the law is understood by frontline service workers and the very real potential that AWF might be yet another unmet promise. Underlying these interviews were also questions of trust and relationship-building that re-emphasise both the need and limitations of policy.
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- Gemma Smyth (14)
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