U.S. LEGAL EDUCATION METHODS AND IDEALS: APPLICATION TO THE JAPANESE AND KOREAN SYSTEMS

다국어 초록 (Multilingual Abstract)

Over the past decade, Japan and Korea have remodeled their legal education systems. As both countries struggled to counteract the economic malaise encountered in the mid-1990s, policy makers turned to the law for solutions. Japan and Korea devised and implemented substantial legal reforms. To further these reforms, both countries decided to increase their lawyer populations and implement “American-style” professional law schools designed to enhance lawyer competency and quality. The new professional law schools also constituted a response to criticism and dissatisfaction with the abstract nature of traditional legal education in both countries.
In Japan and Korea, legal education at the university level has traditionally been an academic affair. Although many Japanese and Korean college students have engaged in legal studies at the undergraduate and graduate levels, university studies have not directly related to bar examination preparations or practical legal skills training. Rather, undergraduate law departments have taught general theory and legal principles. The graduate study of law has generally focused on raising academicians, instead of legal professionals. Most law graduates never become licensed attorneys. In fact, in the past, a law degree has not been required to sit for the Japanese or Korean national bar examinations. Japan and Korea have traditionally maintained very small and elite lawyer populations, and bar examination passage rates have typically averaged around three percent.

* International Conference on Current Issues and Future Tasks for Educating Lawyers in the Age of Globalization, October 29-30, 2009. Kyung Hee Law Journal, Vol. 44 (No. 3), original publication Cardozo Journal of International and Comparative Law, republication forthcoming.
** Associate Professor, University of Wyoming - College of Law.
With the adoption of “American-style” professional law schools and reconfigured educational missions, Japan and Korea face the challenge of implementing new methodologies and ideals, some of which have been successfully used by U.S. law schools for over
a century. Having rolled out professional law schools in April 2004, Japan is already five years into its experiment. It is struggling. Korea just recently implemented its new system in March 2009, and its challenges lie ahead.
This Article explores the fundamental strengths and weaknesses of American legal education and training, provides an overview of the Japanese and Korean legal systems, and examines how Japan and Korea might maximize success and overcome challenges now that each country has decided to sculpt their legal education systems on the American model. If done correctly, Japan and Korea stand to benefit from the adoption of many of the ideals, methodologies, programs, and extra-curricular activities associated with an “American-style” legal education. At the same time, however, U.S. law schools are imperfect and require improvement. As such, Japan and Korea need to recognize the strengths and weaknesses of the American legal education system and adapt their professional law schools accordingly.

다국어 초록 (Multilingual Abstract)

Over the past decade, Japan and Korea have remodeled their legal education systems. As both countries struggled to counteract the economic malaise encountered in the mid-1990s, policy makers turned to the law for solutions. Japan and Korea devised and implemented substantial legal reforms. To further these reforms, both countries decided to increase their lawyer populations and implement “American-style” professional law schools designed to enhance lawyer competency and quality. The new professional law schools also constituted a response to criticism and dissatisfaction with the abstract nature of traditional legal education in both countries.
In Japan and Korea, legal education at the university level has traditionally been an academic affair. Although many Japanese and Korean college students have engaged in legal studies at the undergraduate and graduate levels, university studies have not directly related to bar examination preparations or practical legal skills training. Rather, undergraduate law departments have taught general theory and legal principles. The graduate study of law has generally focused on raising academicians, instead of legal professionals. Most law graduates never become licensed attorneys. In fact, in the past, a law degree has not been required to sit for the Japanese or Korean national bar examinations. Japan and Korea have traditionally maintained very small and elite lawyer populations, and bar examination passage rates have typically averaged around three percent.

* International Conference on Current Issues and Future Tasks for Educating Lawyers in the Age of Globalization, October 29-30, 2009. Kyung Hee Law Journal, Vol. 44 (No. 3), original publication Cardozo Journal of International and Comparative Law, republication forthcoming.
** Associate Professor, University of Wyoming - College of Law.
With the adoption of “American-style” professional law schools and reconfigured educational missions, Japan and Korea face the challenge of implementing new methodologies and ideals, some of which have been successfully used by U.S. law schools for over
a century. Having rolled out professional law schools in April 2004, Japan is already five years into its experiment. It is struggling. Korea just recently implemented its new system in March 2009, and its challenges lie ahead.
This Article explores the fundamental strengths and weaknesses of American legal education and training, provides an overview of the Japanese and Korean legal systems, and examines how Japan and Korea might maximize success and overcome challenges now that each country has decided to sculpt their legal education systems on the American model. If done correctly, Japan and Korea stand to benefit from the adoption of many of the ideals, methodologies, programs, and extra-curricular activities associated with an “American-style” legal education. At the same time, however, U.S. law schools are imperfect and require improvement. As such, Japan and Korea need to recognize the strengths and weaknesses of the American legal education system and adapt their professional law schools accordingly.

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