23/4/19 Peking University School of Transnational Law

Crossing BordersCrossing Borders

Creating an American Law Clinic in China

Clinical Legal Education in China

• 1990s: Non-curricular, volunteer student legal aid organizations

• 2000: 7 schools create clinical courses with support from Ford Foundation

• 2002: CCCLE formed

• 2011: Over 80 schools have law clinics

2011/07/13 Peking University School of Transnational Law

Chinese Clinics:Dominant Characteristics

• Live-client & simulation courses

• Taught by Chinese professors and/or practitioners

• Wide range of local civil & administrative issues

• Mainly undergraduate students2011/07/13 Peking University

School of Transnational Law

2011/07/13 Peking University School of Transnational Law

PKU School of Transnational Law

• Mission: To prepare students to be transnational lawyers

• 4 Year JD/JM Graduate Program

• American Bar Association curriculum

• Students almost entirely Chinese

2011/07/13 Peking University School of Transnational Law

The Center for Cross-Border Advocacy

•Transnational representation

– Clinic in China & clients in U.S.

•Live-client clinic

•U.S. law

•All submissions are written & in English

Clients

• Immigrants from other countries

• Detained in the United States

• Facing deportation to home country

• May not speak English or Chinese

• Cannot afford a lawyer

• 2 clients per semester

2011/07/13 Peking University School of Transnational Law

Case Work & Supervision

• Students work on written arguments (“briefs”) from beginning to end

• 8-10 students per semester

• Frequent scheduled & unscheduled supervision meetings

• Professor is official legal representative

2011/07/13 Peking University School of Transnational Law

Classes• Content:

– Immigration law– Legal writing & oral advocacy– Professional responsibility– Cross-cultural lawyering

• Method:– Role plays, small group activities, video

simulations, storytelling, lecture

2011/07/13 Peking University School of Transnational Law

Goals• Access to Justice:

– Provide quality representation to poor immigrants

• Skills:– Advanced legal writing, research & analysis in

English– Oral advocacy in English– Professional responsibility– Cross-cultural communication

2011/07/13 Peking University School of Transnational Law

Cross-Cultural Challenges:A Cultural Triangle

• Language

• American vs. Chinese norms

– Roles & expectations

– Attribution, citation, & plagiarism

• Good vs. bad?

2011/07/13 Peking University School of Transnational Law

Questions

• Relevance for careers in China?

• Legal aid in China vs. United States?

• Effectiveness in teaching social justice?

2011/07/13 Peking University School of Transnational Law

A Model to Emulate?

• Unmediated modeling of international professional norms

• Broader horizons

• Cross-fertilization with Chinese clinical faculty and students in other clinics

• Resource challenges

2011/07/13 Peking University School of Transnational Law

The Center for Cross-Border Advocacy

2011/07/13 Peking University School of Transnational Law