Problem based learning in legal education: Intentionally overlooked or merely misunderstood

Abstract

FORMATIVE ASSESSMENT is widely considered to be central to student achievement. Unfortunately, however, on modules with large numbers of students, there is not sufficient time for academic staff to provide written feedback to all students on a regular basis. It is proposed that a potential solution to this problem is the provision of online multiple‐choice questions (MCQs) which generate detailed feedback to students who attempt them. This article critically analyses the implementation of online MCQs as a form of formative assessment on an undergraduate level three equity and trusts module. It is argued that MCQs, when prepared in the light of relevant academic theories and implemented appropriately, are a means by which deep learning can be stimulated and tested with sufficient rigour, and are therefore a suitable method of formative assessment at undergraduate level. It is also argued that there are significant advantages to be gained from making the MCQs and feedback available to students online. Analysis and synthesis of available data from the module in question bears out these arguments, suggesting that the provision of online formative assessment in this manner is indeed beneficial to students.     

There is no “I” in “a team of lawyers”: an evaluation of student perceptions of group assessment within legal higher education

ABSTRACT

This paper focuses on the use of group assessments within higher education (HE) as a form of summative assessment, and the experiences of students in relation to this assessment tool. Group assessment is becoming a very common feature of undergraduate HE courses, with an “explosion” of group assessment in more recent years. This paper chooses to focus on the use of group assessment within the discipline of law, specifically the use of summative group assessment within a law discipline at a Russell Group University. Although this paper follows numerous other studies and reviews of group work and group assessment, it has been noted that there remains a lack of qualitative studies on students’ perspectives on group assessment. This paper progresses the literature to date by collecting qualitative insights. In particular, the paper focuses on key aspects of student experience such as building group relationships, and the fear and uncertainty of being assessed as part of a group. Group assessment can be introduced readily by staff without always considering the complexity of group work and its related issues and this can potentially lead to negative student experiences. Therefore, this paper also aims to highlight the benefits to student experience of well-planned group assessment that is appropriately set.     

Government & education news

Abstract

THIS ARTICLE details research which attempts to assess what effect electronic delivery of law modules has on actual student assessment performance. The authors reviewed the assessment results of students who had taken both conventionally and electronically delivered modules and compared and contrasted individual student performances in all the modules studied by them in a particular semester. As far as the authors’ researches were able to ascertain this was a relatively unique piece of research as far as legal study is concerned. We found that weaker students (those who might ordinarily fail or scrape a bare pass) were achieving a mark some 10% higher than that achieved in the conventionally delivered modules; pushing those students into the lower second category—the assessment criteria for such classification demanding evidence of deep as opposed to surface learning. However there was little or no difference in the marks achieved by upper second quality students.

The authors acknowledge that many factors affect the quality of assessment performance and that, whilst the article addresses some of the variables, any specific conclusions based on results alone are open to question.

Furthermore, we accept the limitations of a small and narrow statistical sample and that therefore this can only be a survey rather than a controlled experiment.

Nevertheless we believe that as part of the debate on the role of Communication &; Information Technology (C &; IT) it has a useful role to play.

Inevitably an article such as this trespasses on many pedagogical issues deserving debate which goes beyond the objectives of this discussion.     

European human rights law and the United Kingdom—A note

This article asserts that established concerns about access to, and widening participation in higher education, are now reflected in interest around retention. Those law schools with inclusive admissions policies and widening participation practices face a number of challenges around the financial and human costs of poor retention. Most of these law schools fall within the “new university” sector.

This article argues that poor retention among first‐year law students often reflects a lack of engagement. This lack of engagement exists in two key relationships; first that of between students and the teaching and learning structures of their law school and university, and second between first year law students and many of the staff who teach them. It is argued that this lack of engagement reflects a clash of cultures, first between the requirements and structures of the law school and the everyday life experience of our students, and second between ourselves as teachers and our students.

The utilisation of aspects of the Oxbridge tutorial model of higher education together with an appropriate use of new technology is suggested as a response to this cultural clash and as a way of increasing engagement with our students.

In support of these arguments, the article refers extensively to the evidence presented to the House of Commons Education and Employment Committee hearings on retention in higher education, and to the Committee's conclusions.     

“Ruby’s Music Festival”: developing problem-solving skills using online scenarios and creating opportunities to feed forward

One of the characteristics of good teaching is giving the highest quality feedback on student work, but the term “feedback” is most commonly associated with summative assessment given by a teacher after work is completed. The student can often be a passive participant in the process. This article looks at the implementation of web-based scenarios completed by students prior to summative assessment with the objective of improving legal problem-solving skills. It examines the design process and the implementation of the problem-solving activity and the approach to teaching and learning taken in the new law unit of which it is part. We argue that such activities are effective tools to feed forward and reflect on the implications for the effective teaching of law in higher education.     

Students’ self‐assessment in law

Abstract

THIS STUDY is about second‐year students’ self‐assessment in law. Its aims were to test how closely the assessment by the students of their own work matched that of their tutor, to give the students an insight into the “marking process” (which research has shown improves learning), to help the students excel in their examination, to find out whether the male students did better than the female students in their assignment and subsequent examination, and to see how far staff time could be saved. The following were found: there was a high level of agreement between the students’ own marks and those of the tutor, there was generally no significant over‐estimation of assignment marks by the students, the participants did better than the non‐participants in the subsequent examination, the female students did much better than the male students in the assignments as well as the examination (although the participants in general did not do better in their examination than they did in their assignment) and considerable staff time was saved. The findings are discussed in the light of previous research.     

Students’ self‐assessment in law: Report of a pilot project

The pilot study reported here was a one‐off study about self‐assessment by students of a law assignment (a problem in the law of Tort). The project was conceived as a result of concern about too much assessment/marking and its effect on staff time (and research and other scholarly activities) and also as a result of discussions the author had with his faculty colleagues and other colleagues outside his institution. This report focuses on the following issues: definition and problems of self‐assessment, aims of the study, review of the literature, method of study, findings and discussion of the findings.     

Multiple choice examining in law

This article will review the place of assessment in Higher Education. In investigating alleged over‐assessment in higher education, it is argued that an excess of one form of assessment over another limits student learning. How this imbalance has a detrimental effect on learning is identified, before solutions for the individual lecturer and institutions are considered. The author draws on existing literature, but also contributes his own experience and his research in the UK and USA.     

Lockdown labs: Pivoting to remote learning in forensic science higher education

Forensic Science training and education is reliant on the application of knowledge to casework scenarios and the development of key practical skills that provide a platform for career development in the field. The COVID-19 pandemic introduced a number of challenges to effectively deliver practical content online and remotely, whilst still meeting intended learning outcomes, accreditation requirements, and attaining a high level of student engagement and experience. The MSc Forensic Science programme featured in this study is a one-year degree programme with a strong emphasis on the practical elements of forensic science, and a diverse international student cohort. Therefore, the restrictions associated with the pandemic made it very difficult not only to plan the delivery of material but also to adapt the content itself for effective online and remote learning.By focusing on the intended learning outcomes, a number of innovative teaching practices were developed to successfully transition from face-to-face teaching to online and remote delivery. A range of online and practical resources were developed, including a laboratory home kit, demonstration videos, online practical technique simulations (produced by Learning Science), data analysis tasks, and interactive workshops and activities, all designed to consolidate student learning and build confidence, in preparation for such a time that on campus practical teaching could resume. The initial feedback received from these activities from both staff and students was extremely positive and the transition from classroom to online teaching was a success, as reflected in student attainment and later student feedback. Students reported that they had a better understanding of what was expected of them, including knowledge of protocols and techniques, and felt much more confident moving into the next stage of their learning development. Even though the practical laboratory sessions were the most significantly affected by the restrictions associated with the pandemic, and resulted in reduced interaction for the students, this was counteracted by virtual sessions and workshops, which gave students the opportunity to engage with each other and communicate their thoughts and opinions, ultimately building key presentation and group working skills.This case study will detail the pivot to remote learning, as well as critically evaluating the feedback from students and discussing the changes that are likely to be retained as longer-term teaching practices, versus those that were a necessary temporary addition or adjustment in response to the pandemic.     

Student-led law reviews: what every UK law school needs?

In the United States (US) student-run law reviews have long offered students the opportunity to develop their skills as editors and members of a publication team and to engage with new legal research. With law ordinarily taught as a three-year postgraduate degree, these reviews are normally staffed by a postgraduate editorial team. Similar efforts in the United Kingdom (UK) have largely been short-lived. Some venerable academic journals, such as the Cambridge Law Journal, started their lives as student-centred projects, but academics soon assumed control of the process because of the variable quality of undergraduate editing. This false start proved difficult to recover from, but a spate of newly founded student law reviews in the last decade suggests that these publications have increasing traction in UK legal education. This article evaluates the challenges and potential benefits of these efforts to translate US practice into UK law schools in light of the experience of creating and maintaining the North East Law Review, a student-led periodical based at Newcastle University which publishes student-generated content based on high-quality coursework submissions. This process potentially enhances the assessment process, with the student editorial team preparing essays for publication and student authors re-engaging with their work in light of feedback. Publishing such essays furthermore allows all students to benchmark their own work against excellent coursework performance.     

What works for offenders and staff: comparing two multi-agency approaches to offender resettlement

Abstract

Between 2005 and 2007, the Kent and Medway Resettlement Programme (KMRP) piloted EXODUS (ex-offenders discharged under supervision), a multi-agency support system for identified prolific and priority offenders (IPPOs). Unlike traditional models of multi-agency support, EXODUS agencies work from the same location to maximize support for IPPOs, and inter- and intra-agency support for staff. This study assessed the perceived effectiveness of EXODUS. EXODUS staff and IPPOs were interviewed and their responses compared to those of traditional multi-agency support staff and IPPOs. Analysis showed that EXODUS IPPOs had committed fewer offences since receiving support than did comparison IPPOs. Neither group was more likely to be employed, but of those who were, EXODUS IPPOs were more likely to remain employed than comparison IPPOs. Most, regardless of type of support structure, recommended their programme and staff, although EXODUS IPPOs were more satisfied with the support they received. Staff believed that an expansion of the multi-agency approach was needed and that agency roles should be more clearly defined. EXODUS staff expressed higher efficacy in their own and colleagues’ ability to provide effective support and improved inter-agency relations and support from co-workers. However, EXODUS and comparison staff did not differ in levels of job satisfaction.     

Predicting success: A research study based on law degree courses at Trent Polytechnic

Abstract

THIS STUDY was set up to investigate the possibility of a relationship between the General Certificate of Education ('G.C.E.’) ‘A’ level qualifications of the entrants on to the law degree courses at Trent Polytechnic and their degree classifications.

Very little evidence was found of any such significant relationships. Further analysis of both G.C.E. ‘A’ and ‘O’ level qualifications similarly showed no significant relationships except in the case of ‘O’ levels. The most clear finding was that significant relationships do exist between being a full‐time female student and obtaining a good honours classification, and that all LL.B. Legal Studies (four‐year sandwich) students have a better chance of obtaining good honours than do LL.B. Law (three‐year full‐time) students.

Various other analyses were also attempted, but no other significant relationships were found, although it is possible that choice of final‐year options may influence degree classifications.

Overall, this study suggests that while G.C.E. results may be suggestive of a basic ability to complete degree courses successfully, they do not predict degree classifications. From this I draw the conclusion that G.C.E. results should not be used to exclude students from these, and possibly other, courses in higher education.

In considering the possible predictive value of the ‘A’ level G.C.E. qualifications of entrants on to the law degree courses at Trent Polytechnic and their degree classifications, other possible predictive relationships and factors were also investigated, in order to examine whether any other (reasonably available) variables were linked to degree classifications. Analyses were therefore carried out in relation to ‘O’ level G.C.E., gender, age of student, course, G.C.E. subject‐groupings and course progress. Other variables were not possible to test because of the quality of the information available.     

Rite of passage: The impact of teaching methods on first year law students

Abstract

SEVERAL RECENT articles suggest that the undergraduate law program harms students in many ways. What we do not know, however, is the cause of these harms. More specifically, we do not know the way in which law students are impacted by current teaching and methods. This is the first empirical research that looks at this specific question.

In 2005 I conducted doctoral research on recent law graduates about both their understanding of undergraduate law school teaching practices and more importantly, the impact of these practices on them personally. The result of the research confirms recent literature and provides new and important information about the extent to which teaching methods harm students.

Specifically, the research suggests that the two main teaching methods used in first year law school, the case method and the lecture method, are not entirely effective or efficient for student learning; the law school curriculum is based on an epistemology of objectivism that makes learning law difficult and the first year law school examinations impact students in several negative ways. This research suggests that the combination of first year teaching practices causes many students to feel isolated, disoriented, disengaged, and ultimately resigned to having no control. This article is a summary of my doctoral research.     

Assessing student group work: is there a right way to do it?

Many law courses include at least some elements of group work within compulsory or optional modules. The benefits of group work include at least four of the seven “Principles for Good Practice in Undergraduate Education”.¹ In addition, employers consistently ask for good team-working skills, evidence of which is often provided by reference to group projects at university. Previous research by the authors² confirms other reports in the literature that many students find group work difficult, and particularly resent other students “freeloading” from their work.³ They also experience frustration at non-participation by other students and not being able to choose their team mates. This resentment can be exacerbated if all students receive the same mark for the finished project regardless of input. In this article, the authors reflect upon our experiences of setting and grading group work in our own courses and institutions. We will consider different assessment approaches, including peer assessment,⁴ lecturer assessment, student participation – enhancing student understanding of assessment criteria,⁵ a mixture of peer and lecturer assessment, assessment of group work as part of a portfolio,⁶ and non-assessed group work feeding into individual assessments.     

Rating the prison boss: Examining supervision among prison health care staff

Health care staff are instrumental in prisons given their roles in aiding security and the growing demand for medical services among prisoners. Unfortunately, little attention has been paid to this prison staff subpopulation. This study examined perceptions of supervision among 424 prison health care staff in the Federal Bureau of Prisons. Participants felt that prison supervisors were most effective in clarifying expectations and least effective in giving feedback for performance, involving staff in planning, and extending job autonomy. Using hierarchical linear models (HLM), some unique findings emerged. Efficacy in dealing with inmates was the strongest predictor variable: health care staff who felt more positive and effective with inmates had more favorable feelings toward supervision. Staff working in high- and medium-security prisons had more positive feelings toward supervision than those in minimum security, and younger staff had more favorable attitudes toward supervisors than older staff. The implications of these findings and directions for future research are discussed.     

Animation and multiple-choice questions as a formative feedback tool for legal education

Two-dimensional animation when combined with multiple-choice questions affords an interesting and innovative formative feedback tool for engaging law students in problem-based learning. This article investigates methods for making animation a more accessible medium for legal academics. The article also describes, evaluates and reflects upon the results of a focus group and a survey of online law student perceptions on the combined use of animation and multiple-choice questions as a formative feedback tool. Ethical issues involving delinquent and guilty clients were used as the context in which to describe an animation workflow and explore student attitudes to animation. A website was created within which animations created by academics were included to provide feedback to scaffold student understanding of legal ethics. Students viewed the animations as a very positive learning experience, in the sense of making the lesson more interesting to learn, assisting them to learn and help visualise the ethical problems. Student comments highlighted design features which, when refined, may improve the quality of both the animations and the student experience in studying law using animation.     

Staff‐Prisoner Relationships,Staff Professionalism,and the Use of Authority in Public‐ and Private‐Sector Prisons

Prison privatization has generally been associated with developments in neoliberal punishment. However, relatively little is known about the specific impact of privatization on the daily life of prisoners, including areas that are particularly salient not just to debates about neoliberal penality, but the wider reconfiguration of public service provision and frontline work. Drawing on a study of values, practices, and quality of life in five private‐sector and two public‐sector prisons in England and Wales, this article seeks to compare and explain three key domains of prison culture and quality: relationships between frontline staff and prisoners, levels of staff professionalism (or jailcraft), and prisoners' experience of state authority. The study identifies some of the characteristic strengths and weaknesses of the public and private prison sectors, particularly in relation to staff professionalism and its impact on the prisoner experience. These findings have relevance beyond the sphere of prisons and punishment.     

The unrecognised uses of legal education in Papua New Guinea

Abstract

POSTAL CORRESPONDENCE courses were for many years the traditional means to acquire qualifications, gain promotion or change one's career, and thus to get on in life. Radio and television came to play their respective parts in the process, and these in turn have been supplemented although not supplanted by a variety of on‐and off‐line electronic delivery modes. However, the means to learn are delivered, students must study and be assessed, and it is likely to remain necessary to retain a variety of traditional learning, teaching and assessment modes and methods, whilst building on them for the future.

In an era when the process of globalisation operates in a variety of spheres, not least in respect of education and communication, the importance of distance learning is bound to be of continuing and probably increasing importance, and the quality of the teaching delivered and the learning absorbed is crucial.

This paper, based on recent research undertaken by members of the School of Legal Studies at the University of Wolverhampton, set out to investigate some aspects of the effectiveness of law students’ distance learning with particular reference to how they acquire legal knowledge and the extent to which they take a deep or surface approach to that learning.¹     

Merger—the name of the FE game

In the Australian legal environment today the overwhelming importance of laws made by Parliament is obvious, yet many first year law programmes pay insufficient attention to the coordinated teaching of statutory interpretation (SI). This project formed part of a collaborative initiative between an educational developer and the coordinator of legal research methods (LRM) to introduce statutory interpretation into a first year unit of study. Our study used a qualitative research framework – a questionnaire was administered to students at two intervals throughout the first semester. In Week 3, 160 students participated in the questionnaire and at Week 4, a keystone module on statutory interpretation using a building block approach was introduced in LRM. Since the nature of assessment in LRM is largely reflection, this unit lent itself well to investigating the language and literacy challenges of statutory interpretation, in particular, to students monitoring their own progress in this regard. The overall aim of the project was to establish a framework for students to build on their knowledge and understanding of statutory interpretation throughout their undergraduate studies, and in the interests of improved learning and teaching outcomes, for staff to be able to document the changes in student thinking. This paper focuses on the preliminary stage of our investigation into the language and literacy challenges involved in introducing statutory interpretation into a first year unit of study.

I know of only one authority which might justify the suggested method of construction. “When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean, neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master – that’s all.”

(Alice Through the Looking Glass, c. vi.)

After all this long discussion, the question is whether the words “If a man has” can mean “If a man thinks he has.” I am of opinion that they cannot, and that the case should be decided accordingly.

(Lord Atkin in Liversidge v Anderson [1942] AC 206)