Government and education news

Abstract

The issue of feedback to students on assessment has been identified by many law schools as an area of high priority. Feedback to students is a key component of quality assessment, student progression and the academic experience of students. However, provision of high quality feedback is also a workload factor for lecturers.

Kingston University and Nottingham Trent University both have identified assessment feedback as an action area in their respective Learning and Teaching Strategies. The learning and teaching co‐ordinators within the Law Schools of these two universities decided to collaborate on a survey of the feedback techniques and practices used.

This study was undertaken to explore strategies to sustain and strengthen the quality of feedback in the context of larger classes, increased student numbers and pressure on resources. The aim was to establish the range of feedback and practices used and to identify student and staff perceptions of existing assessment feedback practices. Using semi‐structured questionnaires, data was collected and analysed in terms of the extent to which assessment feedback was perceived as effective, the extent to which these findings were consistent with the literature and to make recommendations on how assessment feedback could be enhanced.

Findings showed that students clearly distinguished between different features of assessment feedback and evaluated these differently, that there was little consistency in the perceived experience of assessment feedback, and that feedback given often did not meet students’ expectations. Staff perceived that giving good feedback was important but that students seldom acted on feedback. Staff also reported that giving individual written feedback was their preferred method although this is one of the most time‐consuming methods. The conclusions of the study offered practical ways of improving the quality and effectiveness of assessment feedback by revisiting established assumptions about feedback and raising students’ awareness of the various sources, forms and functions of assessment feedback.

For staff, larger classes, increased student diversity and diminishing resources mean that staff will need to work smarter, with regard to providing effective assessment feedback, if there is to be a consistently better student experience of assessment feedback.     

Through a screen,darkly: Electronic legal education in Europe

Abstract

Electronic legal education involves the use of information, communication and instructional technologies to enhance students’ learning of the law and to provide law teachers with environments and tools for teaching the law. With the fast growth of the Internet many Law schools and Law faculties are moving their education and training into web environments. This may open new ways of teaching and learning the law by providing students with an environment in which they can manage legal information and legal knowledge for their personal professional use. However, it is clear that throughout Europe there are divergent as well as convergent uses of the web and IT This article explores some of the issues inherent in this, and suggests a number of projects that would enable ICT in legal education to facilitate the aims of the Sorbonne‐Bologna process.     

Podcast as assessment: entanglement and affect in the law school

ABSTRACT

This article documents the “Orders in Decay” project, in which students taking the Law and Disorder module at the University of Warwick were required to produce a podcast as part of their assessment. The article situates the pedagogic benefits of student podcasting through the fields of legal storytelling, law and literature, and digital storytelling. It uses these to theorise three key moments in the podcasting process: the interview with an expert as an affective encounter with the ideas, the production of a complex and layered podcast that excites an affective response, and publication of the best of the podcasts to shift the students’ horizons of communication. Ultimately, the article suggests that the undergraduate is uniquely positioned between worlds – neither an expert nor a member of the public. As such, they are perfectly placed to mediate ideas and discussion in an affecting manner.     

Global standards and outcomes of a legal education: how rubrics can help to deliver objectivity,transparency, verifiability and consistency

Rubrics may be time-consuming to create but they are superior to the usual method of evaluation: a number scrawled at the bottom of an essay without any context, feed-back or feed-forward. The author has used rubrics at Kuwait International Law School since 2012 and found them useful in at least four ways: they allow students to understand what is expected of them before they attempt a task; they take the “mystery” out of marks; they encourage fairness and promote a culture of trust between student and teacher; and they allow the teacher to engage in post-task meaningful discussions with students – they create “teaching moments”. Grading becomes more transparent and the faculty becomes more accountable to their students. A group of law deans adopted the “Singapore Declaration on Global Standards and Outcomes of a Legal Education” in 2013. This article addresses how the values in that Declaration are directly met by the use of rubrics. Transparency, accountability and authenticity in law teaching are all part of the Declaration: this article argues that rubrics deliver all three. The article addresses the research behind rubrics, the connection between the Singapore Declaration and rubrics and some “lessons learnt” from the author’s teaching experiences.     

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.     

An examination of the effectiveness of Readers’ Theatre as a teaching strategy in legal education

ABSTRACT

The effectiveness of the case method of legal education in preparing for the practice of law has been questioned for more than a century. Students are encouraged to conceive conflict in a manner that often does not provide adequate context for the application of their personal perceptions of justice. A resulting criticism of the case method, then, is that it fails to adequately teach students how to act “with ethical substance” in the professional circumstances for which they are being prepared. As a means of addressing this perceived gap, North American law schools have been increasing their use of experiential education methods. In this paper, the utility of Readers’ Theatre (RT) is examined as an experiential teaching strategy to expose law students to the interpersonal and ethical dynamics of legal problem-solving communications.     

A history of the use of the concept of parental alienation in the Australian family law system: contradictions,collisions and their consequences

ABSTRACT

This paper presents insights into the history and current deployment of the concept of parental alienation in the Australian family law system. It begins in 1989, when an article on parental alienation syndrome was first published in an Australian law journal. It then traces aspects of the socio-legal and social science research, gender politics, law reform and jurisprudence of the following 30 years, paying attention to moments of significant change. The impacts of major amendments that emphasise the desirability of post-separation shared parenting outcomes in 1996 and 2006 are specifically considered. More recently, in 2012, reforms intended to improve the family law system’s response to domestic and family violence were introduced. The history reveals an irreconcilable tension between the ‘benefit’ of ‘meaningful’ post-separation parent-child relationships and the protection of children from harm. When mothers’ allegations of violence in the family are disbelieved, minimised or dismissed, they are transformed from victims of abuse into perpetrators of abuse – alienators of children from their fathers. Their actions and attitudes collide with the shared parenting philosophy. This is arguably an inescapable consequence of a family law system that struggles to deal effectively with family violence in the context of a strong shared parenting regime.     

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.     

No body,no crime? The role of forensic awareness in avoiding police detection in cases of sexual homicide

PurposeThe study examines whether the use of forensic awareness strategies increases the chance of avoiding police detection in sexual homicide.MethodsLogistic and negative binomial regression analyses are used on a sample of 350 cases of sexual homicide – 250 solved and 100 unsolved cases – in order to determine if forensic awareness strategies are related to the status of the case (i.e., solved versus unsolved) and the number of days before body recovery, while controlling for certain victim characteristics.ResultsAlthough an offender’s use of precautions does not seem to increase the offender’s chance of avoiding police detection, some modus operandi behavior adopted by the offender at the crime scene may help to delay the discovery of the victim, and thus delay the offender’s apprehension. Moreover, the likelihood of whether or not a sexual murderer is apprehended varied significantly across victim characteristics.ConclusionSome offenders seem to exhibit rational thinking in targeting certain types of victims and in adopting certain strategies in order to delay body recovery. Number of days until body recovery is a more appropriate measure of detection avoidance than case status, as it is not biased by administrative rules or timing of data entry.     

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.     

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     

Information technology in the legal curriculum—reaction and realities*

Abstract

In the light of official apparent assumptions about the use and effectiveness of C & IT in teaching and learning this article, by reference to empirical studies carried out by the authors and others, offers observations and conclusions about the most effective use of CAL in delivering legal education. We detail the type of electronic packages used in delivering modules to Woherhampton students (studying both undergraduate and postgraduate programmes), evaluate their responses and conclude by making recommendations as to the most effective use of CAL in academic programmes; in particular that by itself it be limited to providing a foundation of basic legal knowledge upon which the higher cognitive skills can be developed by face to face contact     

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)     

Law as a culture: Global thoughts from a small Island*

ABSTRACT

This paper will seek to address the challenges of teaching legal ethics to undergraduate law students, both generally and in my own institutional context. Ethical conduct has long been held to be a central feature of professionalism and, traditionally, codes of ethics constituted one of the hallmarks and defining characteristics of the professions. The legal profession is no exception to this; however, it has not always been recognised that university law schools have an important role to play in preparing law students for the ethical challenges of legal practice. More recently this indifference has given way to an acceptance of the importance of this area of learning. Rather than being whether to teach legal ethics to law students, therefore, the two fundamental questions for educators are, first, what do students need to learn from the teaching of legal ethics and, secondly, how this is to be achieved. This study also aims to consider the specific challenges of teaching legal ethics to law students from widening participation backgrounds. These issues are particularly important in my own professional context as programme leader for an undergraduate qualifying law degree at an institution with a high population of widening participation students.     

Thinking like a lawyer/acting like a professional: communities of practice as a means of challenging orthodox legal education

Increasingly, there is pressure upon law schools, in Australia and elsewhere, to impress upon students the significance of the ethical and professional obligations of legal practice. The recent Carnegie Report explicitly looked to law schools “to initiate novice practitioners to think, to perform, and to conduct themselves (that is, to act morally and ethically) like professionals”. Many law students, however, have little appreciation of legal ethics and any concept they may have of professionalism tends to be envisaged as applying only after graduation. In this paper, we explore the idea of a “community of practice”. Lave and Wenger, who coined the phrase, contend that “learning is conceived as a trajectory in which learners move from legitimate peripheral participant to core participant of the community of practice”. We will argue that law students should appreciate that they are entering the legal profession's community of practice and that all aspects of their conduct relevant to professionalism – not only academic integrity, but matters such as time management, teamwork, relationships with peers and staff – relate to this transition into a legal professional community. Such an approach may not only serve to impress upon students the significance of “professionalism” and ethics, but inculcate in them a sense of belonging to a professional community.     

Using soft skills courses to inspire law teachers: a new methodology for a more humanistic legal education

ABSTRACT

Law schools have in recent years been engaged in a process of revising their curricula, in large part adapting to rapid changes in technology, but also in a more generalised effort to improve “teaching the law”. Yet thus far, legal pedagogy seems to focus disproportionately on the traditional model of the “thinking lawyer”, when it should equally promote the model of the “feeling lawyer”, helping students to sharpen soft skills such as empathy, integrity and problem-solving. The main claim of this paper is that law professors could begin to pay more attention to the growing importance of soft skills in legal education and preparedness for legal practice. In this direction, we propose a set of pedagogical principles revolving around four axes: compassionate, attentive, reason-based and empathetic teaching (CARE). This methodology could help law professors become more effective pedagogues. Soft skills courses constitute a well-suited vehicle for introducing these principles to law school curricula in different legal systems. By systematically incorporating them, law schools can encourage law teachers to provide a more inclusive learning environment for their students. At the same time, law teachers who implement the particular methodology can hopefully rediscover fulfilment in their teaching. Overall, teaching soft skills can significantly improve students’ and teachers’ experience in legal education.     

Lost in translation? Teaching law to non‐lawyers: Reviewing the evidence from social work

Abstract

This paper considers pedagogical questions surrounding the teaching of law to non‐lawyers. It draws on research into the teaching, learning and assessment of law in social work education. The research comprised a systematic review of international literature, a practice survey, focus groups with students and practice teachers, and two stakeholder conferences. The evidence suggests that law teaching in social work education is of particular interest in highlighting key dimensions of education practice that affect students’ learning. The paper provides some signposts towards research‐informed organisation of teaching, learning and assessment, and highlights important areas for further study.     

Universities and the teaching of forensic sciences to lawyers—a note *

This article presents the findings of the survey conducted among business and accountancy students of the Nanyang Business School, Singapore, on the teaching of business law. The article is organised in three main sections. Section 1 formulates the framework for the research by outlining the three basic approaches adopted across many jurisdictions for the legal education of business students—the traditionalist ("black‐letter law"), the environmentalist and mixed approaches. Section 2 briefly describes the survey questions drawn up in the light of four principal objectives that, according to legal educators, the teaching of business law should achieve. Section 3 presents and examines the findings. The article concludes that law teaching at the Nanyang Business School conforms to the traditional approach. The author accordingly makes recommendations for the transformation of current teaching and assessment medthods: an injection of a great deal of “environmental” content and context‐based education; more use of actual and current cases, practical examples and a link to the business environment.     

Teaching collaborative problem-solving skills to law students

This article describes and critically evaluates a collaborative dispute resolution activity conducted in a mid-degree law subject at an Australian university. Australian law degrees are required to be vocational. Teaching problem-solving to law students is an effective way to impart key professional skills. However, it requires planning and preparation. It is therefore important to reflect on whether the aims of the activity have been achieved. In particular, three ideas about what constitutes good teaching are explored. The first is that good teachers do not simply deliver content – they give their students problems to solve. The second is the expectation employers have that law graduates will readily collaborate with their colleagues. Finally, giving students an opportunity to reflect on what they have learned will enable students to transfer what they have understood and articulated to legal practice. By delineating each of these three teaching aims, it is possible to assess the value and effectiveness of the problem-solving activity. This paper also reflects on the positive impact that is achieved when authentic and ethical legal processes are embedded into student-centred learning.