Asian Journal of Legal Education

Publisher:
Sage Publications, Inc.
Publication date:
2021-10-06
ISBN:
2322-0058

Latest documents

  • Book review: Cultures, Citizenship and Human Rights, Rosemarie Buikema, Antoine Buyse and Antonius C. G. M. Robben, Electronic edition, Routledge, Abingdon, 2020

    Cultures, Citizenship and Human Rights, Rosemarie Buikema, Antoine Buyse and Antonius C. G. M. Robben, Electronic edition, Routledge, Abingdon, 2020, pp. 268 (Paperback), £36.99 (Kindle Edition).

  • A Path to Restorative Justice: Applicability of Mental Health Courts in the Philippines

    Described as ‘situated at the intersection of the criminal justice, mental health, substance abuse treatment, and other social systems’2, Mental Health Courts (MHCs) are courts that deal with specialized interventions for defendants with mental illness. Aside from presenting options other than incarceration, they provide a distinct avenue for collaboration between the public and private sectors in developing mechanisms to address law and policy concerns regarding prisoner mental health. Originating from the United States, MHCs offer an innovative and targeted response to the current Philippine situation. While the recent passage of the Mental Health Act by Congress in 2018 has brought the fatality of mental illnesses and disorders to the fore, several gaps remain unaddressed. This article seeks to rectify the existing lacunae in the legal and policy framework by proposing the establishment of MHCs in the country. This shall be undertaken in five phases: First, to justify the needed reform, data must be gathered to determine the number of inmates suffering from a mental illness; second, the enactment or revision of mental health legislation and court rules; third, craft strategic plans to address budgetary concerns, which shall be done through the Philippine Council for Mental Health, as the mandated regulatory agency; fourth, forge linkages with the public and private sectors to increase awareness through advocacy while equipping judges and concerned personnel through a series of trainings; and fifth, conduct pilot testing in certain courts and periodic evaluations to ensure sustainability.

  • Adapting Pandemic Practices for the Future: Blended Learning Model for Online Advocacy Training in Pakistan

    The challenge of teaching a skill-based course online, during pandemic unfolded lasting/ground-breaking opportunities for teachers and students of law alike. For the advocacy skills' training course, a suit for dissolution of marriage was selected and training was divided into 12 steps. The pre-planned semester calendar of the University was followed, but in the virtual learning environment (VLE), sessions were held mostly synchronously by using an indigenized blended learning (BL) model. Station rotation (SR) and the flipped classroom (FC) were also indigenized for effective use. Indigenization of BL was done. SR was done by creating stations comprising research areas involved in the trial for dissolution of a marriage. The FC was used to make students learn lectures beforehand, and all simulations, role-plays and activities were done in class. On-spot grading was done on assessment rubrics by using standard observation forms, generated based on extracted principles. All rubrics and standard forms were shared and discussed with students to build trust in the VLE. The asynchronous mode was also used, but only for the sake of supplemented learning. The grading policy was revised, and the curves of summative and formative assessments were flattened. A total of 45 students were trained, out of whom 26 scored A, four A–, two B, five B+, one B–, one C, one C+, one C– and four got F (for not participating at all). The outcome was encouraging. After completion of the semester, the need assessment survey culminated in a hands-on training session for the Faculty of Law (FoL). Participants designed courses using the BL model and found the methodology effective for future use in regular classes.

  • Current Issues and Challenges for Legal Education in a Globalized Context: A Case Study from Hanoi Law University, Vietnam

    Laws inevitably reflect political, social, and economic histories and more recent developments regardless of jurisdiction. Recent years have brought significant and rapid change in legal context and practice. Legal education must respond to this, if necessary with new methods and approaches to enable lawyers, judges, prosecutors, and law enforcement officers to meet the requirements of what is now a global market and to further serve the interests of society. Many lawyers are now expected to perform their work in a domestic and wider context. The education system of Vietnam in general, and legal education in particular, has raised many issues and challenges and the question remains—how to reform legal education to meet relevant needs. This article describes and analyses current legal education provision and identifies potential solutions for reform.

  • Compensatory Mechanism for Miscarriage of Justice in Cases of Prolonged Delay: The Case of India

    There have been several studies on the issue of justice delayed, but no rigid step has been taken in lieu of the victims who suffer as a result of such dawdling processes. Despite the existence of a vast number of provisions in our current legal system, current legal remedies do tend to create an ex gratia obligation but not a statutory obligation for the state to compensate the victims of miscarriage of justice. There is a persistent need for an explicit and detailed law on this subject. The idea underlying this research is to portray the need for a rigid compensatory mechanism for prolonged delays in judicial processes and decisions. Thereby construing a need for strong legislative action towards this issue and reflect upon the grey area in Indian Legal Framework.

  • Looking at Law School Rankings in India Through the Lens of Democratic Ideals

    Legal education in India has undergone phenomenal changes in the past few years. Gone are the days when certain established universities had a monopoly over legal education, and when interest in professional legal education was surpassed by the likes of science, technology and medicine, which are essential for the industrial and social development of any country. Lawyers, characterized as social engineers, are equipped with the vision for social change, which is essential in a developing country like India. Lawyers understand the present and have a vision for the future. Social change can be brought about by change in law, which reflects the direction in which the country is progressing. Ranking systems portraying democratic and constitutional ethos will encourage law schools and related authorities to change; accordingly, that is when they will become equipped to bring about relevant social change. Hence, it only seems pertinent to analyse the ranking systems in accordance with the democratic ideals and ethos enshrined in the Constitution, including the Preamble, which is where we find the mention of justice, equality, liberty and fraternity, the Fundamental Rights and the Directive Principles of State Policy, where we find the mention of the rule of law, social welfare and the values propounded by the Universal Declaration of Human Rights, the international convention on human rights. This will provide a better perspective for judging the quality of law schools and the law students, which will be essential in understanding the changes which need to be made to the current teaching and learning pedagogy. Students will be more equipped to deal with the challenges posed by the legal profession after graduation and will become harbingers of justice.

  • Spreading Environmental Awareness Through Environmental Education in Schools: The Case Study of a Sikkimese Green School

    The subject of environmental education (EE) in India, also known as environment studies (EVS), was introduced through the intervention of the Supreme Court of India (SC). At that time, there was also global recognition towards the creation of ‘environmental citizens’ through inculcating environmental awareness in school-going children, with the motto of ‘catch them young’. Since then, EE in India has seen an evolution in itself through enveloping the studies of various topics related to the natural environment. However, one of the concerns has been that it is taught in a theoretical manner and that since it is not treated as a graded subject, schools have not given it the importance it deserves. However, the study of a green school of the Himalayan state of Sikkim shows that active participation of state machinery, coupled with a practical interpretation of its principles, can lead to positive results. It also shows that the creation of environmental citizens needs a holistic approach, through both amalgamation of theory with practice and syllabus with stringent state intervention and results-oriented action. This article, which uses doctrinal, as well as field research, techniques of interview and observation, looks into these aspects through studying a school in a mountain village of West Sikkim in India.

  • Law and Regulations on Legal Education in India Before, During and After COVID-19 with a Post-COVID-19 Manifesto

    This article is in pursuit of a way forward from the pandemic-stricken condition of legal education in India to a future of excellence. It realizes that as much as the pandemic paralyses us and threatens with losses, it educates us, emboldens us and helps us realize our true imaginative and constructive possibilities. What is being threatened is a system ordered through a regulatory governance, which owes its legitimacy to the constitution and rule of law. What is being discovered is the many possibilities—of imagination, experimentation and innovation—of regulations. Hence, this article builds a juxtaposition of regulations as they were before the pandemic and as they are during the pandemic, revealing the contrast between them in their scope and application. Inputs for reimagination found between the contrasts are used for making a manifesto for resilience and change, the relevance of which becomes obvious through a prevailing sentiment that perhaps the world will never be the same again.

  • Indian Corporations, Climate Change, and The Law

    Climate change is one of the biggest problems that humans have created for the whole of mankind. Discussions on combating climate change have been continuing since last 30 years when the United Nations Framework Convention on Climate Change was adopted at the Rio Conference in 1992. Despite this, nothing significant has been achieved so far. Due to public sector’s finite capabilities and increasing footprint of globalization and privatization, the world is rolling its eyes now on the private corporations to take the lead in this fight against climate change. This article will discuss the historic role that these corporations have played since climate change negotiation days, their contribution at present, and the progressive or regressive role they are set to play in future. The special focus of this article will be on analysing the role of Indian corporations and the existing legal framework governing them and its challenges. At the culmination of this article, the author will try to suggest mechanisms to magnify and intensify private sector contribution in combating climate change with minimum friction and maximum accountability and cohesion.

  • Drug Abuse and Drug Trafficking: Non-Traditional Security Threats in Post-Soviet Central Asia

    The post-cold war world has become susceptible to multiple non-traditional security threats that are no less formidable than the traditional security threats. Drug trafficking poses one such serious non-traditional security threat and drug abuse provides its fuel. Not only do the drugs destroy the very fabric of human resource in a region where trafficking operates and thereby reduces communities to hollow card-boxes, but such trafficking also generates loads of dirty money which fosters the growth of non-State actors engaged in subversive activities. This article argues that following the fall of the erstwhile Soviet empire, the entire Central Asia region has become a hotbed of such non-traditional security threats which is being nourished by an enormous demand for drug abuse in Russia and the scenario spells trouble for India as well. The article also contemplates a constructive role for Russia in this regard.

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