Category: Annotated Bibliography
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Susan Bryant, Elliott Milstein & Ann Shalleck, Transforming the Education of Lawyers: The Theory and Practice of Clinical Pedagogy
This book examines how students are taught during their clinic experiences. In chapter 9, the authors set out a three-part supervision theory. The three-part supervision theory contains connected developmental processes that: teach students to be lawyers in their representation of clients; provide a structured method for viewing developments in client representation and in learning; and…
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Stephen Billett, Mimetic Learning at Work: Learning in the Circumstances of Practice
This book examines mimesis and mimetic learning. Mimesis comprises the process of observation, imitation, and rehearsal, encompassing the innate and foundational bases for how humans construe and construct what they experience and how they act, particularly in relation to goal-directed behaviour. Mimesis involves the generation of representation of what is being observed and the process…
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S Ronald Ellis, Study of Parkdale (Toronto) Community Legal Services Clinic
This book sets out the particulars of the Parkdale (Toronto) Community Legal Services Clinic. In particular, it examines the supervisory system within the clinic, which included, at that time: S Ronald Ellis, Study of Parkdale (Toronto) Community Legal Services Clinic (Toronto: Osgoode Hall, 1979).
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Ross Hyams, “On Teaching Students to ‘Act like a Lawyer’: What Sort of Lawyer?”
This article argues that generations of law students are not prepared for the practice of law. Clinical legal educators seek to teach practical legal skills to students; however, they also have the ability to teach students professionalism and, ultimately, how to be lawyers. This requires teaching students how to act, not just how to think.…
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Patrick C Brayer, “A Law Clinic Systems Theory and the Pedagogy of Interaction: Creating a Legal Learning System”
This article explores several techniques to maximize student experience based on professional interactions in the law school clinic. It further sets out a pedagogical approach to clinic design and teaching by advancing a clinical systems theory, explaining how law students develop and grow by interacting with their learning system environment, including teaching students how to…
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Neil Kibble, “Reflection and Supervision in Clinical Legal Education: Do Work Placements Have a Role in Undergraduate Legal Education”
This article sets out a number of theories and criticisms of supervision in clinical legal education. The author suggests that supervision requires encouraging the learner to enter the zone of proximal development. The zone of proximal development (originally developed for childhood learning) refers to the gap between what children can accomplish independently and what they…
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Minna J Kotkin, “Reconsidering Role Assumption in Clinical Education”
This article examines the proposition that clinical methodology, which emphasizes individualized instruction, requires adherence to the role assumption norm. Role assumption by students involves taking on the role of a legal professional while assisting clients, the general experiential framework of clinical legal education. Positive norm assumers will be successful in replicating the norms of the…
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Leah Wortham et al, Learning from Practice: A Text for Experiential Legal Education
This book examines learning from lawyering experience, whether that be through externships, clinics, or simulation courses. Chapter 3: Learning from Supervision outlines the framework for an effective supervisory relationship. The effective supervisory relationship is threefold; it involves macro planning/ goal setting, micro-planning/ assignment clarification, and effective feedback. Macro planning requires establishing long-term goals in relation…
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Leah Wortham, Catherine F Klein & Beryl Blaustone, “Autonomy-Mastery Purpose: Structuring Clinical Courses to Enhance These Critical Educational Goals”
This article examines how clinical law teachers can use intrinsic motivation and theories to improve the quality of law student’s learning. The underlying theory assumes that people interact constantly and dynamically with their surroundings rather than predictably. However, other theories, including the self-determination continuum, as replicated below, provide insight into how a law student might…