Md. Rizwanul Islam (North South University; Google Scholar), Transnationalization of Legal Education: A Confluence of Multiple Factors, 69 St. Louis U. L.J. 99 (2024) (reviewing Bryant Garth (UC-Irvine; Google Scholar) & Gregory Shaffer (UC-Irvine; Google Scholar), The Globalization of Legal Education: A Critical Perspective (Oxford University Press 2022)):
Legal education across many parts of the world is increasingly transnationalized. Transnationalized legal education is a metamorphosis propelled by a combination of factors, some endogenous to the law school and legal community, some exogenous to them. This review essay finds that globalization and reform of legal education are often part of a broader change within a state. Any reform of legal education is often chaotic, as it deals with human actors, not with value-free formulas. The engineers of reform of legal education have not been a single or cohesive force, but more often groups of reformers have coalesced with others to engender changes.
Conclusion Despite the denationalization or internationalization of legal education, much of legal education remains local. However, what is local may change through the subtle transplantation of foreign dogmas and praxis imported by foreign-trained students becoming professors, policymakers, and lawyers. And as legal education globalizes, there may be some disquiet about universities not speaking or not speaking adequately to local actors, particularly the national bar and bench. Thus being transnational, while at the same time being equally responsive to national issues, may prove to be a challenge for some globallyoriented law schools. Legal education can be empowering, but access to legal education (in a meaningful way with access to adequate facilities conducive to quality learning) is a challenge.
While the book is organized in a thematic rather than globe-trotting manner, the near omission of legal education in the Middle East (barring brief references to NYU at United Arab Emirates) is a bit striking. One possible explanation is that Middle Eastern legal education is predominantly religion-centric and is rarely transnational. However, this type of jurisdiction, where legal education reform has been relatively static or minimal, may be worth exploring in future works. Along a similar line, much of the analysis is devoted to globalized legal education; even within a core jurisdiction like the United States,215 the curricula of less globalized law schools remain mostly unexplored. Another overlooked phenomenon in the book is to what extent the law professoriate embraces changed curriculum and pedagogies. This is because a changed curriculum’s real transformation may often depend on how individual faculty members respond to it. These issues may be worth exploring in future research projects on the globalization of legal education. While the book tends to concentrate on ‘modernizing’ legal education through transnational transplanting, there may be local, non-transnationally driven efforts to modernize legal education, and future works may delve into that.
Generally, legal academe has a limited role as the driver of the transnationalization of legal education. The SELA network in Latin America seems to be an exception in that it has been driven by academics. This is understandable due to the intrinsic connection of law and legal education to politics and political power. This is where the earlier seminal work of Duncan Kennedy seems to come true.216 This is not to say that the legal academe are powerless actors, as they may, through coalition with other actors such as donor agencies, prove to be a catalyst for change in legal education as the role played by Upendra Baxi of India implies. One peril of any form of legal education reform through foreign funding is that because legal education cannot claim value neutrality, the advocates of reform may do well to engage with traditional actors so as to avoid the castigation of importing “legal colonialism” in a hubristic manner. Another kind of transformation may, of course, take place through pedagogic practices by individual faculty members in their respective courses, which is dubbed as “reform at the periphery.”
Although the authors seem to have rightly pointed out a relative push to a sort of legal or legalist empire, they are not euphoric. They do not argue that there is an irreversible trend to legalism. They accept that whether the trend holds in the future is uncertain as changes in the balance of power both nationally and internationally may tilt the balance either way.218 Thus, it would be difficult for legal education to retain its important role within a society unless authoritarian impulses can be restrained politically and socially. An authoritarian regime with heavy control over domestic polity or deep pockets may very well invest in the reform of legal education on national and foreign shores to effectuate rule by law, as opposed to rule of law. A fundamental contribution of the book is that it has depicted a more complex picture of transnationalized legal education beyond a mere transition from a local-centric curriculum to adopting a globalist focus to cater to the demands of globalization. Transnationalized legal education is a metamorphosis propelled by a combination of factors including: the rise of corporate legal firms, the competition for local and global influence, the pursuit of rewarding careers, and a complex web of exchange between the core and the periphery. The book amply demonstrates that the change in zeitgeist has often provided the impetus in transnationalizing legal education. That trend may persist for the foreseeable future.
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