Immigration Article of the Day: “Crossing Borders: Creating an American Law Clinic in China” by CECILY E. BASKIR

“Crossing Borders: Creating an American Law Clinic in China” Clinical Law Review, Fall 2012 NYLS Clinical Research Institute Paper CECILY E. BASKIR, Peking University School of Transnational Law

ABSTRACT: Like so much in China, Chinese legal education has experienced tremendous growth and change through the current Reform and Opening period. The numbers of law schools, law students, and lawyers have exploded in recent years, propelled in part by desires to strengthen and reform legal institutions and create a “rule of law” society. With those reforms has come the introduction of clinical legal education, and in the last ten or so years, over 80 Chinese law schools have incorporated it into their course offerings. One of the youngest contributions to this reform movement is the Center for Cross-Border Advocacy at the Peking University School of Transnational Law (STL). Under the supervision of an American clinical law professor licensed to practice law in the United States, Chinese law students in the Center represent immigrants in the United States at the administrative appeals stage of their deportation proceedings. In the complementary seminar, the students study U.S. immigration law and appellate procedure, practice advanced legal writing and oral advocacy, and explore issues of professional responsibility and cross-cultural lawyering. The entire course is conducted in English. This paper examines the creation of the Center for Cross-Border Advocacy and how it fits into the Chinese context of clinical legal education. How does it compare in its structure, goals, and challenges to clinical legal education programs at other Chinese institutions? What benefits does it offer participating students? What potential might it hold for other developing clinical legal education programs around the world, and what drawbacks might stand in the way?

KJ