Clinical legal education and disability: accommodation, implementation and assessment in service-learning programs
AbstractExperiential education is becoming an increasingly relevant pedagogy in post-secondary and professional education. This paper situates service-learning within the larger context of experiential education. It provides an examination of the social model of disability and its relevance for service-learning programs. Most importantly, it then narrows in on implications of disability on program selection, implementation and assessment. The aim of the paper is to offer practical suggestions to create and maintain universally accessible programs as well as a theoretical framework from which to view these challenges and opportunities.
Canadian Counsel on Learning, Lessons in Learning: The Benefits of Experiential Learning (2008), available at http://www.ccl-cca.ca/pdfs/lessonsinlearning/feb-21-08-benefit-of-exper.pdf.
Sande L. Buhai, Practice Makes Perfect: Reasonable Accommodation of Law Students with Disabilities in Clinical Placements, 36 San Diego Law Review 137 (1999).
Law Society of Upper Canada, Report of the Disability Working Group, Students and Lawyers with Disabilities – Increasing Access to the Legal Profession (2005)
David A. Kolb, Experiential Learning: Experience as the source of learning and development, 26 (1984).
John Dewey, DEMOCRACY AND EDUCATION (1916).
John Dewey, EXPERIENCE AND EDUCATION (1938)
C.M. Itin, Reasserting the Philosophy of Experiential Education as a Vehicle for Change in the 21st Century, 22(2) Journal of Experiential Education 91 (1999).
Tania D. Mitchell et al., Reflective Practice that Persists: Connections Between Reflections in Service-Learning Programs and in Current Life, 21 Michigan Journal of Community Service Learning 4 (2015).
D.W. Butin, SERVICE-LEARNING IN THEORY AND PRACTICE: THE FUTURE OF COMMUNITY ENGAGEMENT IN HIGHER EDUCATION (2010).
National Service-Learning Clearinghouse, Definition of Service-Learning (n.d.), (June 2, 2013), http://www.servicelearning.org.
A. Furco, Service-Learning: A Balanced Approach to Experiential Education, in EXPANDING BOUNDARIES: SERVING & LEARNING 2 (1996).
J.S. Egler & D.E. Giles Jr, WHERE'S THE LEARNING IN SERVICE-LEARNING? (1999).
T. Mitchell, Traditional vs. Critical Service-Learning: Engaging the Literature to Differentiate Two Models, Michigan Journal of Community Service Learning 1 (2008).
Allan McChesney, NAVIGATING LAW SCHOOL AND BEYOND: A PRACTICAL GUIDE FOR STUDENTS WHO HAVE DISABILITIES (2000).
L. Clapham et al., NAVIGATING STUDENT MENTAL HEALTH AND WELLNESS: FRAMEWORK AND RECOMMENDATIONS FOR A COMPREHENSIVE STRATEGY (2012).
Ravi A. Malhorta, The Duty to Accommodate Unionized Workers with Disabilities in Canada and the United States: A Counter-Hegemonic Approach, 2 Journal of Law and Equality 92 (2003).
P. Gent, Service-Learning and the Culture of Ableism, in PROBLEMATIZING SERVICE-LEARNING: CRITICAL REFLECTIONS FOR DEVELOPMENT AND ACTION 223–243, (T. Stewart & N. Webster eds., 2011).
F. K. Campbell, Inciting Legal Fictions: Disability's Date with Ontology and the Ableist Body of the Law, 10 Griffith Law Review 42 at 44 (2001).
F.K. Campbell, Refusing Able(ness): A Preliminary Conversation about Ableism, 11(3) M/C Journal 154 (2008).
Brenda Jo Brueggemann & Rosemarie Garland-Thomson, The Politics of Staring: Visual Rhetorics of Disability, in DISABILITY STUDIES: ENABLING THE HUMANITIES 56–75, (Sharon L. Snyder ed., 2002).
Alexis Anderson & Norah Wylie, Beyond the ADA: How Clinics Can Assist Law Students with ‘Non-Visible’ Disabilities to Bridge the Accommodations Gap between Classroom and Practice, 15 Clinical Law Review 1 at 20 (2008)
Robert Shumer, Service-Learning is for Everyone, 114 New Directions for Higher Education 27 (2011).
D. Hevey, THE CREATURES TIME FORGOT: PHOTOGRAPHY AND DISABILITY IMAGERY (1992).
R. Garland‐Thomson, Feminist Disability Studies: A Review Essay, 30(2) Signs 1557 (2005).
M. Russell, BEYOND RAMPS: DISABILITY AT THE END OF THE SOCIAL CONTRACT 85 (1998).
B.A. Haller, REPRESENTING DISABILITY IN AN ABLEIST WORLD: ESSAYS ON MASS MEDIA 137 (2010).
R. Garland-Thomson, Integrating Disability; Transforming Feminist Theory, in FEMINIST DISABILITY STUDIES 18 (Kim Q. Hall ed., 2011).
Pierre Bourdieu, The Forms of Capital, in HANDBOOK OF THEORY AND RESEARCH FOR THE SOCIOLOGY OF EDUCATION 241 (J. Richardson ed., 1986).
Patricia Pardo & Debra Tomlinson, IMPLEMENTING ACADEMIC ACCOMMODATION IN FIELD/PRACTICUM SETTINGS 40 (2000)
Kathleen A. Sullivan, Self-Disclosure, Separation, and Students: Intimacy in the Clinical Relationship, 27 Indiana Law Review 115 (1993).
L.C. Reeser, Students with Disabilities in Practicum: What is Reasonable Accommodation, 28 Journal of Social Work Education 98 (1992).
L.B Helms & C. Helms, Medical Education and Disability Discrimination: The Law and Future Implications, 69 Academic Medicine 535 (1994).
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