Benefits of Transnational Legal Education: Finding Alternative Solutions to Mitigate Social and Economic Injustices

By Asia J. Norton '23

My life experiences led me to law school, and Rutgers Law School cultivated my interest in transnational and international law. At Rutgers, transnational legal education allowed me to look beyond the norms and traditions of how the United States attempts to resolve social and economic injustices.

From Newark to Cape Town

I come from a community that has its fair share of injustice. My mother raised three girls on a teacher’s salary in a two-bedroom apartment in the South Ward in Newark, New Jersey. Growing up in Newark gave me first-hand experiences of how the legal system can improve or impede underserved communities like mine. My exposure to these experiences ignited my curiosity about how laws and policies could rectify problems that I and members of my community faced. My curiosity led me to graduate from Simmons College, become a teacher in Newark, receive my master’s from Columbia University Teachers College, and become an elected member of the Newark Board of Education. These experiences led me to understand how laws and policies impacted education.

I wanted to attend law school to learn how laws and policies affect systems that significantly impact my community.

During my 2L year, I took the South Africa Constitutional Law Course with Professor Christina Ho. The class exposed me to South Africa’s fascinating history and legal system, and provided me with first-hand knowledge of how laws can be used to ensure economic, social, and cultural rights. Studying the South African Constitution was one of the most beneficial experiences as a law school student. It helped me look beyond the U.S. legal system to realize an alternative approach to mitigating the injustices perpetuated in my own community.

Rutgers then took students in the course to South Africa to meet with the South African Constitutional Court Justices and human rights attorneys to engage in fruitful dialogs about how the Constitution was being realized in South Africa and the work being done to improve it. These conversations helped me actualize the South African legal system: I began to think about how South Africa used its Constitution to undo the harms of racial injustice caused by apartheid and what lessons could be learned and implemented to benefit my own community.

Back to Newark: Housing and Education Rights

Exposure to the South African Constitution and my visit to the country inspired me to write two papers comparing how South Africa and the United States use their legal systems to address social and economic injustices. The first paper compared South Africa’s and the U.S. approaches to educating school-aged children. My interest in this topic was rooted in being a struggling learner as a child. I reached the fifth grade, barely knowing how to read, and my mother transferred me from my neighborhood school to schools that would provide me with more support. Upon graduating from college, I became a teacher in my community and was elected to the local school board. With my experiences and understanding of the laws that govern classrooms and schools in the United States and New Jersey, I could compare it to how South Africa interprets the government’s duty to protect the right to education for school-aged children. Comparing the similarities and differences in each country’s approach allowed me to think of creative solutions for mitigating educational disparities as a school board member.

During my 3L year, I took the Human Rights course with Professor Jorge Contesse, where I wrote my second paper. My second paper compared South Africa and the United States approaches to housing. My interest in this topic stems from my legal education. During law school, I was a fellow for the Rutgers Civil Justice Clinic, interned at the New Jersey Institute of Social Justice, and was a student attorney at the Rutgers Housing Justice & Tenant Solidarity Clinic. These law school experiences gave me insight into housing rights, specifically in New Jersey. My paper compared how South Africa and the United States use their legal systems to protect or hinder housing rights. Studying the differences and similarities between the two countries’ approaches has allowed me to see how lawmakers in the United States could strengthen housing laws that would not impede other rights.

Researching and writing these two comparative law papers broadened my understanding of how legal systems can mitigate or perpetuate social injustices as a law school student. Studying how South Africa approaches these issues in their Constitution and legal system has allowed me to think outside of the approaches I was accustomed to, and think of alternative solutions that have the potential to have a positive impact on communities such as mine. This is why transnational legal education is essential.

Why (Transnational) Legal Education Matters

Law school is the time to expose aspiring lawyers to what is possible. Social injustices are not simple legal issues because they have real consequences for the people they affect. Studying transnational law allowed me to navigate these complex legal issues from an alternative perspective and provided me with alternative approaches. If Rutgers Law had not allowed me to engage with such materials and travel to another country to meet with people who dedicate their lives to realize the promises of the South African Constitution, then my understanding of the law would have continued to be limited.

Progress is made when ideas are shared to develop new understandings, which leads to creative and effective solutions. Our legal system benefits from these alternative approaches because they strengthen the legal system for the people. As a result, communities like mine can resolve social and economic injustices and become stronger. Having a solid transnational legal education makes this possible.