Environmental Law Clinics in Collaboration with Environmental NGOs in China
Abstract
:1. Introduction
1.1. Legal Clinic Education
1.2. Environmental Law Clinics and Sustainable Development
2. Dilemmas of China’s ELCs
2.1. Lack of Qualified Teaching Faculties
2.2. Lack of Any Real and Stable Source of Cases
2.3. Lack of Funding
2.4. Lack of a Curriculum System
2.5. Incomplete Legal Clinic Goals
3. Design of the Curricula
3.1. Goals
3.2. Schedule
3.3. Staffing Arrangements
3.3.1. Teachers or Instructors
3.3.2. Students
3.3.3. Grouping
3.4. Content and Structure
3.4.1. Classroom Instruction
3.4.2. Practical Instruction
3.5. Sources of Funding
3.6. Student Assessment
4. Methodology
4.1. The Research Method of Studying Student Environmental Awareness
4.2. The Research Method of Studying Student Ability to Practice Professionally
4.3. The Research Method of Studying the Cognition of Instructors and the Students Participating in the Course
5. Results
5.1. Student Level of Environmental Awareness
5.1.1. Environmental Responsibility (Environmental Justice)
5.1.2. Environmental Awareness and Environmental Knowledge
5.2. The Level of Student Ability to Practice Professionally
5.3. The Experience of the Instructor on the Course
5.4. Student Feelings about Participating in the Course
6. Discussion and Conclusions
6.1. This Innovative Curriculum is an Indispensable Means to Solve the Difficulties Faced by ELCs in China
6.2. This Innovative Curriculum Can Enrich Student Environmental Knowledge and Effectively Enhance Their Ability to Practice Professionally
6.3. This Innovative Curriculum Can Improve a Student’s Sense of Professional Ethics and Environmental Justice
6.4. This Innovative Curriculum Contributes to the Sustainable Development of Society
6.5. A Related System Is Needed to Guarantee the Development of This Curriculum
Acknowledgments
Author Contributions
Conflicts of Interest
References and Notes
- Pati, J.; Mohanty, M. Clinical legal education—A bare necessity in the scientific era. Asian J. Leg. Educ. 2016, 3, 117–123. [Google Scholar] [CrossRef]
- Babich, A. Twenty questions (and answers) about environmental law school clinics. Prof. Lawyer 2013, 22, 45–57. [Google Scholar]
- Joy, P.A. Government interference with law school clinics and access to justice: When is there a legal remedy? Case West. Reserve Law Rev. 2011, 61, 1087–1098. [Google Scholar]
- Kennedy, R.F. Environmental litigation as clinical education: A case study. J. Environ. Law Litig. 1994, 8, 319–325. [Google Scholar]
- Campbell, E. A dangerous method? Defending the rise of business law clinics in the UK. Law Teach. 2015, 49, 165–175. [Google Scholar] [CrossRef]
- Wilson, R.J. The new legal education in north and South America. Stanf. J. Int. Law 1989, 25, 375–394. [Google Scholar]
- Du Plessis, M.A. Clinical legal education: Determining the mission and focus of a university law clinic and required outcomes, skills & values. De Jure 2015, 48, 312–326. [Google Scholar]
- Alexandrovich, B. The experience in organizing of the legal clinic and clinical legal education in kutafin Moscow State law university (Russian federation). US-China Law Rev. 2015, 103, 441–445. [Google Scholar]
- Erugo, S. Legal assistance by clinical law students: A nigerian experience in increasing access to justice for the unrepresented. Asian J. Leg. Educ. 2016, 3, 160–173. [Google Scholar] [CrossRef]
- Lonbay, J.; Toprak, M. Legal Clinic in Turkey. In Clinical Legal Education in Asia; Sarker, S.P., Ed.; Palgrave Macmillan, Inc.: New York, NY, USA, 2015; pp. 215–231. [Google Scholar]
- Xu, Y.W.; Cheng, Q. The Legal Empowerment Clinic: A Successful Combination of the Legal Clinic and Legal Empowerment. J. Zhejiang Univ. (Humanit. Soc. Sci.) 2015, 45, 168–178. [Google Scholar]
- Li, X.A.; Wu, J.Y. A Discussion on the Clinical Legal Education. J. Shanxi Financ. Econ. Univ. (High. Educ. Ed.) 2004, 7, 29–32. [Google Scholar]
- The Committee of Chinese Clinical Legal Educators under China Association for Legal Education. Available online: http://www.cliniclaw.cn/hylm.asp (accessed on 30 November 2016). (In Chinese)
- Ye, Q. The Global Environmental Governance System: Evolution, Dilemma and Future Direction. Ecol. Econ. 2016, 32, 157–161. [Google Scholar]
- Babcock, H.M. How judicial hostility toward environmental claims and intimidation tactics by lawyers have formed the perfect storm against environmental Clinic: What’s the big deal about students and chickens anyway? J. Environ. Law Litig. 2010, 25, 249–250. [Google Scholar]
- Babich, A.; Barrett, J.F. Why environmental law clinics? Environ. Law Rep. News Anal. 2013, 43, 10039–10046. [Google Scholar]
- Gulf Restoration Network et al v. EnerVest Operating, L.L.C., No. 07-817 (W.D.La. 2 July 2009).
- Holy Cross Neighborhood Ass’n v.U.S.Army Corps of Engineers, 455 F.Supp.2d 532, 36 ELR 20208 (E.D.La.2006).
- Bernard Citizens for Envtl. Quality, Inc.v.Chalmette Ref., L.L.C., 399 F.Supp.2d 726, 35 ELR 20213 (E.D.La.2005).
- La. Envtl. Action Network v.Whitman, No. 00-879-A (M.D.La., 27 February 2002).
- Babich, A. Illegal permit? Who are you going to call? Your local environmental law clinic! Environ. Law Rep. News Anal. 2009, 39, 11051–11063. [Google Scholar]
- Babcockaa, H. Environmental justice Clinic: Visible models of justice. Stanf. Environ. Law J. 1995, 14, 5–38. [Google Scholar]
- Carey, S.V. An essay on the evolution of clinical legal education and its impact on student trial practice. Univ. Kansas Law Rev. 2002, 51, 509–517. [Google Scholar]
- Kuehn, R.R.; Mccormack, B.M. Lessons from forty years of interference in law school Clinic. Georget. J. Leg. Ethics 2011, 24, 59–88. [Google Scholar]
- Lyu, L.Y. Location and Constrution of Resources and Environment Law Clinic Curriculum. Chin. Geol. Educ. 2016, 97, 54–58. [Google Scholar]
- The China-U.S. Seminar on Environmental Law Clinic Education 2016. Available online: http://www.gx211.com/news/20161025/n4309402857.html (accessed on 30 November 2016). (In Chinese)
- Su, L. Institutional Analysis of Chinese Legal Skill Education. J. Law 2008, 2, 30–39. [Google Scholar]
- Wei, F.F. Practice of ELC Education. J. Leg. Sci. Econ. 2015, 21, 37–39. [Google Scholar]
- Uphoff, R.J. Why in-house live client Clinic won’t work in Romania: Confessions of a clinician educator. Clin. Law Rev. 1999, 6, 315–319. [Google Scholar]
- Wang, J.Y. Thoughts on the Native of “the Clinical Legal Education”. Hebei Law Sci. 2005, 23, 82–84. [Google Scholar]
- Zou, W.M.; Lan, R.J. Research on Some Basic Problems of LCE. Glob. Law Rev. 2005, 3, 263–269. [Google Scholar]
- Wilson, R.J. Three law school Clinic in Chile, 1970–2000: Innovation, resistance and conformity in the global south. Clin. Law Rev. 2002, 8, 515–521. [Google Scholar]
- Bryant, S.; Milstein, E.S. Rounds: A ‘Signature Pedagogy’ for Clinical Education? Clin. Law Rev. 2007, 14, 61–72. [Google Scholar] [CrossRef]
- Zhou, Z.J. Environmental Awareness Research: State, Crisis and Solutions. J. Xiamen Univ. (Arts Soc. Sci.) 2008, 188, 19–26. [Google Scholar]
- Mlyniec, W.J. The intersection of three visions—Ken pye, Bill Pincus, and Bill Greenhalgh—And the development of clinical teaching fellowships. Tenn. Law Rev. 1997, 64, 964–987. [Google Scholar]
Criteria | Proportion |
---|---|
Preparation & Use of Law, including timely and efficient research and analysis of relevant statutory and regulatory provisions and case law. | 10% |
Knowledge, Analysis,& Use of Facts, including thorough investigation of all pertinent facts and witnesses (favorable and unfavorable), obtaining relevant documents, and developing and implementing strategies for using the facts in the proceeding. | 10% |
Creativity & Problem Solving, including creative use of legal analysis and other information to advance the client’s interests. | 10% |
Written Advocacy, including motions, pleadings, briefs, comments and letters. Written materials should be well organized, clearly written, and persuasive. | 10% |
Oral Advocacy, including negotiations, client presentations, clinic presentations, hearings, and trials. Oral presentations should be well prepared and persuasive. | 10% |
Timeliness, including time management, balancing available resources and competing priorities. | 10% |
Client Relations—Clients must be conferred with at all critical junctures and advised of the issues and law so they can make informed judgments about the case. Clients should receive a copy of every letter and pleading filed or received in their case. This should be reflected in cover letters in the file. | 10% |
Organization, Record Keeping & Maintenance of Case Files. Files must be both well organized and current. | 10% |
Professionalism, including your ethical, zealous representation of the client, and the nature of your relationships with courts, opponents, and government employees, co-workers and clinic staff. | 10% |
Attendance & Completion of All Required Assignments, including timely submission of time sheets. | 10% |
Research Questions | Data Sources | Methods of Analysis |
---|---|---|
Student’s sense of environmental protection | Group questionnaire | Comparative analysis |
Student’s ability to practice | Simulation consultation | Comparative analysis |
Cognition of instructors and students | Interview | Content analysis |
Questions | Group 1 Average Answers | Group 2 Average Answers | Conclusion |
---|---|---|---|
| 6.8 h/week | 2 h/week | >4.8 h/week |
| 18% | 3% | >15% |
| 20% | 2.5% | >17.5% |
| 70% | 38% | >32% |
| 68% | 30% | >38% |
| 80% | 45% | 30% |
Questionnaire Contents | Points/No. of Items | Group 1 (Average Score) | Group 2 (Average Score) | Conclusion |
---|---|---|---|---|
Cognition of environmental status | 10 points/item × 5 | 47 | 41 | >6 |
Environmental knowledge | 10 points/item × 5 | 45 | 33 | >12 |
Procedure law knowledge | 10 points/item × 5 | 45 | 32 | >13 |
Environmental science knowledge | 10 points/item × 5 | 37 | 29 | >8 |
Content | Group 1 Average Score | Group 2 Average Score | Conclusion |
---|---|---|---|
Etiquette (10 points) | 8.3 | 8 | >0.3 |
Communication skills (10 points) | 8 | 6 | >2 |
Case entity issues (10 points) | 7 | 5 | >2 |
Case procedure issues (10 points) | 7.5 | 4.5 | >3 |
Application of evidence (10 points) | 6.5 | 3 | >3.6 |
Total points (50 points) | 31 | 23.5 | >7.5 |
© 2017 by the authors. Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license ( http://creativecommons.org/licenses/by/4.0/).
Share and Cite
He, P.-P.; Zhuang, Y.-J.; Lin, Y.; Zheng, C.-H. Environmental Law Clinics in Collaboration with Environmental NGOs in China. Sustainability 2017, 9, 337. https://doi.org/10.3390/su9030337
He P-P, Zhuang Y-J, Lin Y, Zheng C-H. Environmental Law Clinics in Collaboration with Environmental NGOs in China. Sustainability. 2017; 9(3):337. https://doi.org/10.3390/su9030337
Chicago/Turabian StyleHe, Pei-Pei, Yu-Jing Zhuang, Ying Lin, and Cheng-Hui Zheng. 2017. "Environmental Law Clinics in Collaboration with Environmental NGOs in China" Sustainability 9, no. 3: 337. https://doi.org/10.3390/su9030337
APA StyleHe, P. -P., Zhuang, Y. -J., Lin, Y., & Zheng, C. -H. (2017). Environmental Law Clinics in Collaboration with Environmental NGOs in China. Sustainability, 9(3), 337. https://doi.org/10.3390/su9030337