Clinical Legal Education: An Annotated Bibliography

VII. Difference/Diversity............................................................................................................ 62

VIII. Poverty Law/Political Context of Clinical Legal Education

A. Poverty Law..................................................................................................................... 64

B. Pro Bono Publico............................................................................................................ 66

C. Critical Lawyering............................................................................................................. 66

D. Public Interest Lawyering.................................................................................................. 68

E. Social Justice..................................................................................................................... 70

F. Community Law Practice................................................................................................... 72

G. Community Education....................................................................................................... 73

IX. Book Reviews........................................................................................................................ 74

X. In Memoriam .......................................................................................................................... 74

PART TWO:

LIST OF ARTICLES, ESSAYS, BOOKS, AND BOOK CHAPTERS

(arranged by topic)

I. Clinical Legal Education

A. History

Amsterdam, Anthony G., Clinical Legal Education – A 21st Century Perspective.

Barnhizer, David, The University Ideal and Clinical Legal Education.

Barry, Margaret Martin, Jon C. Dubin & Peter A. Joy, Clinical Education For This Millennium: The Third Wave.

Bastress, Robert M. & Joseph D. Harbaugh, Taking the Lawyer’s Craft into Virtual Space: Computer-Mediated Interviewing, Counseling, and Negotiating.

Bellow, Gary & Randy Hertz, Clinical Studies in Law, in Looking at Law School: A Guide from the Society of American Law Teachers.

Bellow, Gary & Earl Johnson, Reflections on the University of Southern California Clinical Semester.

Blaze, Douglas A., DéjB Vu All Over Again: Reflections on Fifty Years of Clinical Education.

Bloch, Frank, The Case for Clinical Scholarship.

Bradway, John S., Administrative Problems of the Legal Aid Clinic.

Bradway, John S., The Beginning of the Legal Clinic of the University of

Southern California.

Bradway, John S., “Case Presentation” and the Legal Aid Clinic.

Bradway, John S., The Classroom Aspects of Legal Aid Clinic Work.

Bradway, John S., The Legal Aid Clinic: A Means of Building Tough Mental Fiber.

Bradway, John S., The Legal Aid Clinic – A Means of Coordinating the Legal Profession.

Bradway, John S., The Legal Aid Clinic and Admission to the Bar.

Bradway, John S., Legal Aid Clinic as a Law School Course.

Bradway, John S., The Legal Aid Clinic Commodity.

Bradway, John S., Legal Aid Clinics and the Bar.

Bradway, John S., Legal Aid Clinics in Less Thickly Populated Communities.

Bradway, John S., The Legally Underprivileged.

Bradway, John S., Mark Hopkins – His Log.

Bradway, John S., The Nature of a Legal Aid Clinic.

Bradway, John S., New Developments in the Legal Clinic Field.

Bradway, John S., The Objectives of Legal Aid Clinic Work.

Bradway, John S., The Role of the Duke Legal Aid Clinic.

Bradway, John S., The Second Mile for Legal Aid Clinics.

Bradway, John S., Training Law Students for the Administration of Criminal Justice

Bradway, John S., The Unending Quest.

Bradway, John S., Cleon H. Foust, Nellie MacNamara, David E. Snodgrass &

G. Kenneth Reiblich, Chairman, Legal Clinics for Law Students – A Symposium.

Bryant, Susan & Elliott S. Milstein, Reflections Upon the 25th Anniversary of The Lawyering Process: An Introduction to the Symposium.

Carey, Suzanne Valdez, An Essay on the Evolution of Clinical Legal Education and Its Impact on Student Trial Practice.

Dinerstein, Robert, Stephen Ellmann, Isabelle Gunning & Ann Shalleck, Legal Interviewing and Counseling: An Introduction.

DiPippa, John M. A. & Martha M. Peters, The Lawyering Process: An Example of Metacognition at its Best.

Dubin, Jon C., Clinical Design for Social Justice Imperatives.

Ellis, S. Ronald, The Ellis Archives – 1972 to 1981: An Early View From the Parkdale Trenches.

Ewart, Doug, Parkdale Community Legal Services: A Dream That Died.

Feldman, Marc, On The Margins of Legal Education.

Frank, Jerome, A Plea for Lawyer-Schools.

Frank, Jerome, Why Not a Clinical Lawyer-School?

Goode, Victor M., There Is a Method(ology) to This Madness: A Review and Analysis of Feedback in the Clinical Process.

Grossman, George S., Clinical Legal Education: History and Diagnosis.

Jaszi, Peter, Ann Shalleck, Marlana Valdez, & Susan Carle, Experience as Text: The History of Externship Pedagogy at the Washington College of Law, American University.

Juergens, Ann, Rosalie Wahl’s Vision for Legal Education: Clinics at the Heart.

Kibble, Neil, Reflection and Supervision in Clinical Legal Education: Do Work

Placements Have a Role in Clinical Legal Education?

LaFrance, Arthur, Clinical Education: To Turn Ideals into Effective Vision.

Love, Lela Porter, Twenty-Five Years Later with Promises to Keep: Legal Education in

Dispute Resolution and Training of Mediators.

MacCrate, Robert, Educating a Changing Profession: From Clinic to Continuum.

MacCrate, Robert, Introduction: Teaching Lawyering Skills.

MacCrate, Robert, Yesterday, Today and Tomorrow: Building the Continuum of Legal Education and Professional Development.

McMurty, R. Roy, Celebrating a Quarter Century of Community Legal Clinics in Ontario.

Meltsner, Michael, Celebrating The Lawyering Process.

Meltsner, Michael & Phillip G. Schrag, Report from a CLEPR Colony.

Meltsner, Michael & Phillip G. Schrag, Scenes from a Clinic.

Mlyniec, Wallace J., The Intersection of Three Visions — Ken Pye, Bill Pincus, and Bill Greenhalgh — And the Development of Clinical Teaching Fellowships.

Moliterno, James E., Legal Education, Experiential Education, and Professional Responsibility.

Moulton, Bea, Looking Back at The Lawyering Process.

Norwood, J. Michael, Requiring a Live Client, In-House Clinical Course: A Report on the University of New Mexico Law School Experience.

Pilkington, Marilyn L., Parkdale Community Legal Services: An Investment in Legal Education.

Pinder, Kamina A., Street Law: Twenty-Five Years and Counting.

Quigley, William P., Introduction to Clinical Teaching for the New Clinical Law Professor: A View from the First Floor.

Redlich, Allen, Perceptions of a Clinical Program.

Report of the Committee on the Future of the In-House Clinic.

Sacks, Howard R., Student Fieldwork as a Technique in Educating Students in

Professional Responsibility.

Scherr, Alexander, Lawyers and Decisions: A Model of Practical Judgment.

Stickgold, Marc, Exploring the Invisible Curriculum: Clinical Field Work in

American Law Schools.

Stuckey, Roy, The Evolution of Legal Education in the United States and the United Kingdom: How One System Became More Faculty-Oriented While the Other Became More Consumer-Oriented.

Stuckey, Roy T., Preparing Lawyers for Law Practice: New Roles for The NCBE and the ABA.

Stuckey, Roy, Why Johnny Can’t Practice Law–and What We Can Do About It: One Clinical Law Professor’s View.

Tarr, Nina W., In Support of a Unitary Tenure System for Law Faculty: An Essay.

Trubek, Louise G., U.S. Legal Education and Legal Services for the Indigent: A Historical and Personal Perspective.

Wilson, Richard J., The New Legal Education in North and South America.

Wizner, Stephen, Beyond Skills Training.

Wizner, Stephen & Jane Aiken, Teaching and Doing: The Role of Law School Clinics in Enhancing Access to Justice.

Wortham, Leah, The Lawyering Process: My Thanks for the Book and the Movie.

Zemans, Frederick H., The Dream is Still Alive: Twenty-Five Years of Parkdale Services and the Osgoode Hall Law School Intensive Program in Poverty Law.

B. Clinical Methodology & Pedagogy

Aaronson, Mark Neal, We Ask You to Consider: Learning About Practical Judgment in Lawyering.

Aaronson, Mark Neal & Stefan H. Krieger, Teaching Problem-Solving Lawyering: An Exchange of Ideas.

Aiken, Jane H., Provocateurs for Justice.

Aiken, Jane H., David A. Koplow, Lisa G. Lerman, J. P. Ogilvy & Philip G. Schrag, The Learning Contract in Legal Education.

Alper, Ty, Anthony G. Amsterdam, Todd Edelman, Randy Hertz, Rachel Shapiro Janger, Jennifer McAllister-Nevins, Sonya Rudenstine & Robin Walker-Sterling, Stories Told and Untold: Lawyering Theory Analyses of the First Rodney King Assault Trial.

Amsterdam, Anthony G. & Randy Hertz, An Analysis of Closing Arguments to a Jury.

Anderson, Terence J. & Robert S. Catz, Towards a Comprehensive Approach to Clinical Education: A Response to the New Reality.

Armour, Maureen N. & Mary Spector, Epilogue: Theory in the Basement.

Askin, Frank, A Law School Where Students Don’t Just Learn the Law; They Help Make the Law.

Babich, Adam, The Apolitical Law School Clinic.

Baker, Brook K., Learning to Fish, Fishing to Learn: Guided Participation in the Interpersonal Ecology of Practice.

Barkai, John, Teaching Negotiation and ADR: The Savvy Samurai Meets the Devil.

Barrette, Joseph A., Self-Awareness: The Missing Piece of the Experiential Learning Puzzle.

Barry, Margaret Martin, Accessing Justice: Are Pro Se Clinics a Reasonable Response to the Lack of Pro Bono Services and Should Law School Clinics Conduct Them?

Barry, Margaret Martin, Clinical Supervision: Walking That Fine Line.

Barry, Margaret Martin, A Question of Mission: Catholic Law School’s Domestic Violence Clinic.

Barry, Margaret Martin, Jon C. Dubin & Peter A. Joy, Clinical Education For This Millennium: The Third Wave.

Batt, Cynthia & Harriet N. Katz, Confronting Students: Evaluation in the Process of Mentoring Student Professional Development.

Befort, Stephen F., Musings on a Clinic Report: A Selective Agenda for Clinical Legal Education in the 1990s.

Bellow, Gary, On Teaching the Teachers: Some Preliminary Reflections on Clinical Education as a Methodology, in Clinical Education For the Law Student.

Bellow, Gary & Randy Hertz, Clinical Studies in Law, in Looking at Law School: A Guide from the Society of American Law Teachers.

Bellow, Gary & Earl Johnson, Reflections on the University of Southern California Clinical Semester.

Bennett, Susan D., On Long-Haul Lawyering.

Berkheiser, Mary, Frasier Meets CLEA: Therapeutic Jurisprudence and Law School Clinics.

Berger, Marilyn J., Ronald H. Clark & John B. Mitchell, Letters and Postcards We Wished We Had Sent to Gary Bellow and Bea Moulton.

Bezdek, Barbara, Reconstructing a Pedagogy of Responsibility.

Binder, David A. & Paul Bergman, Taking Lawyering Skills Training Seriously.

Black, Barbara, Establishing a Securities Arbitration Clinic: The Experience at Pace.

Black, Jerry P. & Richard S. Wirtz, Training Advocates for the Future: The Clinic as the Capstone.

Blanco, Barbara A. & Sande L. Buhai, Externship Field Supervision: Effective Techniques for Training Supervisors and Students.

Blasi, Gary L., What Lawyers Know: Lawyering Expertise, Cognitive Science, and the Functions of Theory.

Bloch, Frank S., The Andragogical Basis of Clinical Legal Education.

Bloch, Frank, The Case for Clinical Scholarship.

Bloch, Frank S., Framing the Clinical Experience: Lessons on Turning Points and the Dynamics of Lawyering.

Bloch, Kate E., Subjunctive Lawyering and Other Clinical Extern Paradigms.

Boldt, Richard & Marc Feldman, The Faces of Law in Theory and Practice: Doctrine, Rhetoric and Social Context.

Bond, Johanna, The Global Classroom: International Human Rights Fact-Finding as Clinical Method.

Boyle, Robin A. & Rita Dunn, Teaching Law Students Through Individual Learning Styles.

Bradway, John S., The Beginning of the Legal Clinic of the University of

Southern California.

Bradway, John S., The Legal Aid Clinic and Admission to the Bar.

Bradway, John S., Legal Aid Clinic as a Law School Course.

Bradway, John S., The Legal Aid Clinic Commodity.

Bradway, John S., Legal Aid Clinics in Less Thickly Populated Communities.

Bradway, John S., Making Ethical Lawyers – Some Practical Proposals for

Achieving the Goal.

Bradway, John S., Mark Hopkins – His Log.

Bradway, John S., New Developments in the Legal Clinic Field.

Bradway, John S., The Role of the Duke Legal Aid Clinic.

Bradway, John S., The Unending Quest.

Bradway, John S., Cleon H. Foust, Nellie MacNamara, David E. Snodgrass &

G. Kenneth Reiblich, Chairman, Legal Clinics for Law Students – A Symposium.

Breger, Melissa L., Gina M. Calabrese & Theresa Hughes, Teaching Professionalism in Context: Insights from Students, Clients, Adversaries, and Judges.

Brickman, Lester, Contributions of Clinical Programs to Training for Professionalism.

Bryant, Susan & Maria Arias, A Battered Women’s Rights Clinic: Designing a Clinical Program which Encourages a Problem-Solving Vision of Lawyering that Empowers Clients and Community.

Bryant, Susan & Elliott S. Milstein, Reflections Upon the 25th Anniversary of The Lawyering Process: An Introduction to the Symposium.

Burman, John M., The Role of Clinical Legal Education in Developing The Rule of

Law in Russia.

Burton, Angela Olivia, Cultivating Ethical, Socially Responsible Lawyer Judgment: Introducing the Multiple Lawyering Intelligences Paradigm into the Clinical Setting.

Cahn, Naomi R. & Norman G. Schneider, The Next Best Thing: Transferred Clients in a

Legal Clinic.

Carrillo, Arturo J., Bringing International Law Home: The Innovative Role of Human Rights Clinics in the Transnational Legal Process.

Chavkin, David F., Am I My Client’s Lawyer?: Role Definition and the Clinical Supervisor.

Chavkin, David F., Fuzzy Thinking: A Borrowed Paradigm for Crisper Lawyering.

Chavkin, David F., Matchmaker, Matchmaker: Student Collaboration in Clinical Programs.

Chill, Paul, On the Unique Value of Law School Clinics.

Clark, Gerard J., Supervising Judicial Interns: A Primer.

Cole, Liz Ryan, Training the Mentor: Improving the Ability of Legal Experts to Teach

Students and New Lawyers.

Condlin, Robert J., Learning From Colleagues: A Case Study in the Relationship Between “Academic” and “Ecological” Clinical Legal Education.

Condlin, Robert J., Socrates’ New Clothes: Substituting Persuasion for Learning in Clinical Practice Instruction.

Curry, Susan J., Meeting the Need: Minnesota’s Collaborative Model to Deliver Law Student Public Service.

Dennis, Cynthia M., Expanding Students’ Views of the Dilemmas of Womanhood and

Motherhood Through Individual Client Representation.

Dolan, John F. & Russell A. McNair, Jr., Teaching Commercial Law in the Third Year: A Short Report on a Business Organizations and Commercial Law Clinic.

Dominguez, David, Beyond Zero-Sum Games: Multiculturalism as Enriched Law Training for All Students.

Dominguez, David, Getting Beyond Yes to Collaborative Justice: The Role of Negotiation in Community Lawyering.

Dominguez, David, Redemptive Lawyering: The First (and Missing) Half of Legal Education and Law Practice.

Dunlap, Justine A. & Peter A. Joy, Reflection-in-Action: Designing New Clinical Teacher Training by Using Lessons Learned from New Clinicians.

Edwards, Kirsten, Found! The Lost Lawyer.

Engler, Russell, The MacCrate Report Turns 10: Assessing Its Impact and Identifying Gaps We Should Seek to Narrow.

Enos, V. Pualani & Lois H. Kanter, Who’s Listening? Introducing Students to

Client-Centered, Client-Empowering, and Multidisciplinary Problem-Solving

in a Clinical Setting.

Genty, Philip M., Clients Don’t Take Sabbaticals: The Indispensable In-House Clinic and the Teaching of Empathy.

Goldfarb, Phyllis, A Clinic Runs Through It.

Goldman, Pearl & Leslie Larkin Cooney, Beyond Core Skills and Values: Integrating Therapeutic Jurisprudence and Preventive Law Into the Law School Curriculum.

Goldsmith, A.J., An Unruly Conjunction? Social Thought and Legal Action in Clinical Legal Education.

Goode, Victor M., There Is a Method(ology) to This Madness: A Review and Analysis of Feedback in the Clinical Process.

Goodmark, Leigh & Catherine F. Klein, Deconstructing Teresa O’Brien: A Role Play for Domestic Violence Clinics.

Gould, Keri K. & Michael L. Perlin, “Johnny’s In The Basement/Mixing Up His Medicine”: Therapeutic Jurisprudence and Clinical Teaching.

Greenebaum, Edwin H., On Teaching Mediation.

Grosberg, Lawrence M., Medical Education Again Provides a Model for Law Schools: The Standardized Patient Becomes the Standardized Client.

Grose, Carolyn, A Field Trip and to Benetton . . . And Beyond: Some Thoughts on “Outsider Narrative” in a Law School Clinic.

Hartwell, Steven, Moral Development, Ethical Conduct, and Clinical Education.

Hartwell, Steven, Promoting Moral Development Through Experiential Teaching.

Hegland, Kenney, Condlin’s Critique of Conventional Clinics: The Case of the Missing Case.

Hill, Frances Gall, Clinical Education and the “Best Interest” Representation of Children in Custody Disputes: Challenges and Opportunities in Lawyering and Pedagogy.

Hing, Bill Ong, Raising Personal Identification Issues of Class, Race, Ethnicity, Gender, Sexual Orientation, Physical Disability, and Age in Lawyering Courses.

Hoffman, Peter Toll, Clinical Course Design and the Supervisory Process.

Hoffman, Peter Toll, Clinical Scholarship and Skills Training.

Imai, Shin, A Counter-Pedagogy for Social Justice: Core Skills for Community-based

Lawyering.

Janus, Eric S., Clinics and “Contextual Integration”: Helping Law Students Put the Pieces Back Together Again.

Janus, Eric S. & Maureen Hackett, Establishing a Law and Psychiatry Clinic.

Jessup, Grady, Symbiotic Relations: Clinical Methodology – Fostering New Paradigms in

African Legal Education.

Johnson, Kevin R. & Amagda Perez, Clinical Legal Education and the U.C. Davis Immigration Law Clinic: Putting Theory into Practice and Practice into Theory.

Johnson, Margaret E., An Experiment in Integrating Critical Theory and Clinical Education.

Jones, Philip, Theory and Practice in Professional Legal Education.

Jones, Susan R., Promoting Social and Economic Justice Through Interdisciplinary Work in Transactional Law.

Joy, Peter A. & Robert R. Kuehn, Conflict of Interest and Competency Issues in Law

Clinic Practice.

Juergens, Ann, Teach Your Students Well: Valuing Clients in the Law School Clinic.

Katz, Harriet N., Personal Journals in Law School Externship Programs: Improving Pedagogy.

Katz, Harriet N., Using Faculty Tutorials to Foster Externship Students’ Critical Reflection.

Kearney, Caroline, Pedagogy in a Poor People’s Court: The First Year of a Child Support Clinic.

Kotkin, Minna J., Creating True Believers: Putting Macro Theory into Practice.

Kotkin, Minna J., Reconsidering Role Assumption in Clinical Education.

Kovach, Kimberlee K., The Lawyer as Teacher: The Role of Education in Lawyering.

Krieger, Stefan H., Domain Knowledge and the Teaching of Creative Legal Problem Solving.

Kreiling, Kenneth R., Clinical Education and Lawyer Competency: The Process of Learning to Learn from Experience Through Properly Structured Clinical Supervision.

Kruse, Katherine R., Biting Off What They Can Chew: Strategies for Involving Students

in Problem-Solving Beyond Individual Client Representation.

LaFrance, Arthur, Clinical Education: To Turn Ideals into Effective Vision.

Leleiko, Steven H., Love, Professional Responsibility, the Rule of Law, and Clinical Legal Education.

Leong, Andrew L. S., A Practical Guide to Establishing an Asian Law Clinic: Reflections on The Chinatown Clinical Program at Boston College Law School.

Lerner, Alan M., Using Our Brains: What Cognitive Science and Social Psychology Teach Us About Teaching Law Students to Make Ethical, Professionally Responsible, Choices.

Lesnick, Howard, Being a Teacher of Lawyers: Discerning the Theory of My Practice.

Lesnick, Howard, Infinity in a Grain of Sand: The World of Law and Lawyering as Portrayed in the Clinical Teaching Implicit in the Law School Curriculum.

Lopez, Antoinette Sedillo, Learning Through Service in a Clinical Setting: The Effect of Specialization on Social Justice and Skills Training.

Lyman, Jennifer P., Getting Personal in Supervision: Looking for that Fine Line.

Maher, Stephen T., Interactive Video Opens New Litigation Training Opportunities.

Maher, Stephen T., The Praise of Folly: A Defense of Practice Supervision in Clinical Legal Education.

Maranville, Deborah, Infusing Passion and Context into the Traditional Law Curriculum Through Experiential Learning.

Maranville, Deborah, Passion, Context, and Lawyering Skills: Choosing Among Simulated and Real Clinical Experiences.

Margolis, Kenneth R., Responding to the Value Imperative: Learning to Create Value in the Attorney-Client Relationship.

Margulies, Peter, The Mother with Poor Judgment and Other Tales of the Unexpected: A Civic Republican View of Difference and Clinical Legal Education.

Martin, Nathalie, Poverty, Culture and the Bankruptcy Code: Narratives from the Money Law Clinic.

Matasar, Richard A., Skills and Values Education: Debate about the Continuum

Continues.

May, James C., Hard Cases from Easy Cases Grow: In Defense of the Fact and Law Intensive Administrative Law Case.

McCaffrey, Angela, Hamline University School of Law Clinics: Teaching Students to

Become Ethical and Competent Lawyers for Twenty-Five Years.

McCaffrey, Angela, The Healing Presence of Clients in Law School.

McCaffrey, Angela, Transforming Minnesota Nice Law Students into Vigorous, yet Respectful Advocates: The Value of Simulations in Preparing Clinical Law Students for Ethical and Effective Client Representation.

McDougall, Harold A., Lawyering and Public Policy.

McNeal, Mary Helen, Unbundling and Law School Clinics: Where is the Pedagogy?.

Medwed, Daniel S., Actual Innocents: Considerations in Selecting Cases for a New Innocence Project.

Meili, Stephen, A Voice Crying Out in the Wilderness: The Client in Clinical Education.

Mellor, William H. & Patricia H. Lee, Institute for Justice Clinic on Entrepreneurship: A Real World Model in Stimulating Private Enterprise in the Inner City.

Meltsner, Michael, Celebrating The Lawyering Process.

Meltsner, Michael, Writing, Reflecting, and Professionalism.

Meltsner, Michael & Phillip G. Schrag, Report from a CLEPR Colony.

Meltsner, Michael & Phillip G. Schrag, Scenes from a Clinic.

Miller, M. Ann, Learning From Our Elders: Teaching Professional Responsibility in an Elder Law Setting.

Miller, Binny, Give Them Back Their Lives: Recognizing Client Narrative in Case Theory.

Milstein, Elliott S., Clinical Legal Education in the United States: In-house Clinics,