The Ethical and Legal Basis for Student Practice in Clinical Education in the United States and Japan: A Comparative Analysis

Abstract

Clinical legal education is currently undergoing a surge of interest and development in Japan. This raises numerous opportunities as well as difficulties. One of the most vexing issues concerns the scope of work a clinic student in Japan can do. This issue is particularly difficult given that in Japan there are currently no "student practice rules" so common in the United States.

The norms and rules governing what activities law students can perform in the United States might assist those interested in clinical education in Japan as they work through these issues. This article will attempt to do this. I will first offer a brief background of the history and current acceptance of clinical education in the United States and then survey American rules as a means of conceptualizing a framework for pursuing clinical education in Japan and defining the scope of work Japanese clinic students can perform.

Keywords: clinical legal education, Japan, United States, clinical education history, case method, legal history, apprenticeships, American Bar Association, ABA

JEL Classification: I21, K19, K39