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.     

Academic perspectives on teaching international family law in higher education institutions in England and Wales

ABSTRACT

The increasing prevalence of family law disputes in England and Wales with an international element is well documented in the development of domestic legislation, case law and family practice. However, despite changes to the legal landscape and the academic recognition of international family law as a legal subject, it is still often disregarded within the undergraduate family law curriculum or as a standalone module. This article explores the development of international family law in England and Wales and presents the findings of a national questionnaire into whether international family law is taught as part of the undergraduate curriculum. The article also explores what barriers exist to including international family law topics. To conclude, the author offers some general advice about incorporating these topics into the curriculum to ensure that students are equipped to deal with the realities of family practice in England and Wales.     

The impact of student-generated digital flashcards on student learning of constitutional law

This article describes, evaluates and reflects upon student creation of cloud-based digital flashcards as an authentic formative and summative assessment task designed for the deep learning of constitutional law. The usefulness of digital flashcards in online legal education is explored. The undergraduate law student participants in the study responded differently to the assessment task depending upon the constitutional law topic they were assigned, the perceived relevance of constructing digital flashcards to professional practice and how they reacted to this creative task. Building digital flashcards provides a potentially powerful authentic assessment task for the study of constitutional law provided it is designed to support semester long creation, validation and sharing of digital flashcards that students perceive as professionally relevant and educationally useful. Student recommendations for designing an assessment task involving the creation of digital flashcards are evaluated.     

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.     

Peer Interaction and Engagement Through Online Discussion Forums: A Cautionary Tale

Following an very inspiring presentation from the REAP (Re-Engineering Assessment Practices in Scottish Higher Education) team, I attempted to address problems of attrition and non-engagement amongst first year law students by introducing online small group activities based around discussion forums into the level 4 (first year) Legal Method course. The idea was to build student engagement through teamwork online, thus moving towards a constructivist theory of learning (Jonassen et al. in Am J Distance Educ 9(2):7, 1995), and to increase formative feedback to students at an early stage in their course without unduly increasing my workload. (The benefits of early formative feedback are well documented. See, for example Yorke in Leaving early; Undergraduate non-completion in higher education, Falmer, London, 1999; Yorke and Longden in Retention and student success in higher education, SRHE and Open University Press, 2004). The students were randomly divided into groups of between 8 and 12 students using the WebCT group function. WebCT was at that time the university??s main virtual learning environment and available to all students enrolled on courses through the university portal system. Group discussion forums were provided for a series of activities, complementing the normal lecture pattern of two hours?? lecture plus one hour??s seminar each week. This paper considers the results over 2?years of introducing this system in a widening participation university. It did not prove possible to reproduce the success experienced in the REAP project. This paper attempts to unravel the various reasons for this, technical, pedagogical and practical. This case study is an example of action research, as I was both dismayed and intrigued by the negative reaction of the students and attempted to discover the reasons for it. The findings and conclusions drawn from them will be used to remodel this aspect of the course in 2010?C2011.     

Just by being here,you aren’t halfway there: Structured active learning and its integration in virtual learning environments and assessment

Flipped learning with the incorporation of certain elements of gamification aims to improve student engagement, motivation and attainment. In this study we present an analysis of two approaches used in consecutive years on two modules. A traditional flipped learning approach “standard learning” where material is released weekly online and there are supporting tutorials and an end of term assessment; and a “structured active learning” strategy where a more scaffolded approach is applied, requiring participation to progress. In this approach students’ work on the virtual learning environment and in tutorials could be used to contribute towards their end of term assessment (no more than 10% of the module credit), connected to a learning outcome on the breadth or range of topics. Students received feedback in rubric form throughout the topic, to see their progression. It was found that for module 1, over 90% of the students had accessed the pre-released material by week 2 in the structured active learning approach while this level of engagement was only reached in week 5 using the standard approach. Participation in learning events was far better using the structured active learning approach when compared to the standard approach, for example rising from 40% to 78% in week 2. The second module, with a different cohort of students, followed similar trends with the active learning approach attracting higher levels of engagement and participation far earlier in the term. Following the increased engagement, the structured active learning approach was beneficial in assessment with improved grade profiles.     

Regulatory Threats to the Law Degree: The Solicitors Qualifying Examination and the Purpose of Law Schools

Two major regulatory changes are affecting the provision of undergraduate legal education in England and Wales. On the one hand, the Qualifying Law Degree is being deregulated, meaning law schools are free to make significant changes to how and what they teach. On the other hand, higher education in England has seen a significant overhaul through the creation of the Office for Students, which treats students as consumers. Now more than ever, law schools need to ask themselves existential questions which will not only test their continued relevance or indeed viability within the ‘market’ for higher education, but also the status of the discipline of law as a whole. The regulatory landscape may indeed present a significant threat, but it is also an opportunity to reflect on what law schools are for, and consequently what changes could result from the academic freedom that comes with deregulation. Whilst different law schools will interpret their mission differently, they should caution against either generalised inertia or succumbing to an outcomes-oriented provision that simply prepares students for the new Solicitors Qualifying Examination. Instead, law schools will find their proper purpose in critical reflection and academic self-grounding, providing undergraduate students with a ‘question everything’ mentality, and showing them that law is something to be experienced and not merely learnt.

     

Enhancing student performance and employability through the use of authentic assessment techniques in extra and co-curricular activities (ECCAs)

The paper advocates the use of authentic assessment techniques, delivered in extra and co-curricular activities (ECCAs), to augment and improve student performance on academic law degree programmes. A combination of formative and summative methods in ECCA assessment provides the optimum environment to measure and improve the crucial critical reasoning skill – the key transferable skill to academic degree success. This skill, when developed in students, is also highly prized by prospective employers, and therefore, the use of authentic assessment improves graduate employability rates.     

Getting the fish to see the water: an investigation into students’ perceptions of learning writing skills in academic modules and in a final year real client legal clinic module

In 2010 Tonya Kowalski described the problems faced by students entering clinic for the first time as a one step backward, two step forward phenomenon. Students appeared initially unable to transfer skills and knowledge learned in earlier academic and other settings to clinic but once they were immersed in clinic their skills development improved rapidly. Clinic is often presented as a “bridge to practice” and delivered as the capstone to more traditional elements of an undergraduate degree. However, even with an integrated approach like that at Northumbria Law School, a seamless transition to the skills required for clinic is challenging and gives rise to a constant review of how best to prepare students. Our research focused on legal writing and used focus groups to find out how students participating in the year four clinic at Northumbria University perceived and adapted their previous experiences of writing for use in the clinical context. It identifies strategies which should be considered for integration into non-clinical modules and in the clinical module itself to facilitate this transition from academic orientated writing to practice orientated writing.     

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.     

Symptom validity testing of feigned dissociative amnesia: A simulation study

Abstract

It has been argued that Symptom Validity Testing (SVT) has limited sensitivity in correctly identifying feigned autobiographical memory loss (e.g., dissociative amnesia) because malingerers would easily understand that below change performance on the SVT implies feigned memory loss. The current study tested this assumption in a sample of undergraduate students (N = 20) who committed a mock crime and then were instructed to feign complete amnesia for this event. Next, they had to answer 15 forced-choice questions that always contained the correct answer and an equally plausible alternative. Results show that a nontrivial minority of participants (40%) performed below chance. As well, understanding the SVT rationale appeared not to be related to random behaviour. Taken together, the results indicate that SVT procedures might be helpful in identifying feigned dissociative amnesia.     

Legal education in France and England: A comparative study*

Abstract

Despite the fact that part‐time law students comprise a significant proportion of law undergraduates, there continues to be an absence of legal research that considers the experiences and aspirations of such students as a distinct group. Against this backdrop, it is argued that these students require further research and attention for a number of reasons. First, their location allows a consideration of the extent to which broader governmental objectives for higher education are being met within law schools. Second, the extent of their presence in higher legal education places an important obligation upon law schools to explore the specific needs of this cohort and to consider the extent to which part‐time law students can be legitimately subsumed into the undergraduate cohort in terms of resources and planning. Third, the legal ambitions of many part‐time law students require a fresh consideration of the expectations of the recruiting legal profession and the legal profession's commitment to broadening social diversity within its ranks. Finally, as the experiences of part‐time and full‐time students become closer, a proper analysis of part‐time law students may provide invaluable information as to how law schools could adapt to meet the needs of all students in the future.     

The changing face of wardship

Abstract

I have been teaching Ethnic Minorities and the Law at undergraduate and Masters level for some eight years now. It is my conviction that the subject has achieved a certain maturity and that it is high time that serious notice was taken of it in legal education circles at all levels. This article presents some reflections on approaches adopted and experiences of being involved in teaching this field. In the next section some of the reactions that are likely to be encountered when working in this area are discussed briefly. In the following section the nature and extent of ethnic diversity in the UK are outlined, and some of the limits in academic and policy conceptualisations of this diversity are highlighted. There follows a critical discussion of the various paradigms within which legal knowledge has framed discussion relating to ethnic minorities in the UK. This forms a prelude to the introduction of legal‐pluralist perspectives which, it is argued, offer the most positive approach in the area of ethnic minority legal studies. Lastly, some of the practical issues that arise in teaching about ethnic minorities in law are discussed.     

Teaching Dissent in the Law School: Have Students Learned to Disagree?

This paper offers an analysis of the qualitative evidence obtained from a research project in relation to the teaching of a module on the Trials of Dissenters in the context of an undergraduate law degree. It will consider whether a pedagogically innovative course has encouraged and enabled undergraduate law students to think more creatively on the issues raised by specific historic trials and to be prepared to construct more critical and open ended arguments. The study of the Trials of Dissenters, we hoped, would encourage our students to dissent both from the standard model of legal education and from the acceptance of what lecturers say as “true”. We here consider the success of our project in relation to how students view dissent.     

The world at their fingertips? The mental wellbeing of online distance-based law students

In recent years there has been an increased interest in student mental wellbeing within higher education. In terms of legal education, much of this has been focused upon the United States (US) and Australia, with a lack of United Kingdom (UK)-based empirical data available. Although there is now extensive provision of online distance learning options available to UK (and other) law students, there is a notable lack of research into the possible challenges which are specific to this form of tertiary offering. This paper seeks to contribute to the development of research in this area by reporting upon, and analysing, preliminary data gathered from an empirical study of the mental wellbeing of online distance learning law students.     

Investigating the feasibility of using student reflective journals to understand how clinical legal education can develop the ethical competence of law students

ABSTRACT

The purpose of this small-scale empirical study is to gain an insight into how to explore the contribution clinical legal education (CLE) can make to teaching legal ethics to law students. CLE provides real or simulated opportunities for students to provide legal advice and learn through application, practice and reflection in work-integrated contexts, for example through student law clinics and CLE modules. Previous empirical studies in this area, which have focused on whether CLE can develop a sense of ethical competence in law students, have argued persuasively that CLE provides an effective vehicle for teaching ethics, and this is now generally supported by academic opinion. However, hardly any attention has been given to how CLE develops the ethical competence of law students. This study, which is concerned with conducting a feasibility study of the use of reflective journals within CLE to determine whether and how a full-scale study can be done, is aimed at addressing this gap.     

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.     

Using sketchnoting as a revision aid with forensic students

The concept of Sketchnoting was first introduced by Mike Rhode as a means of capturing information in a visual form using a combination of the visual and words. Within Higher Education a Sketchnote can be used to record or summarise key points from a body of information using a combination of words, simple pictures, layout and graphics. Creating a Sketchnote allows a student to be able summarise key facts from a presentation, journal article, book or practical session in a visual manner that is easier to recall at a later time.This research looks at the use of Sketchnoting as a form of interactive revision during class time. Students undertaking a 1st Year Forensic Science module at (Teesside University) University were asked to Sketchnote their learning after each hour of lecture time to form a visual representation of the lecture content in order to create a visual revision aid for their upcoming examination. The process of Sketchnoting combines both verbal and visual information for improved recall – the students are listening to the lecture then visually representing what they learn.The resulting Sketchnotes were shared each week via a class Padlet, this also allowed the academic to add formative feedback in the form of further information about the evidence type represented. The students were also able to keep their individual Sketchnotes and form a revision “book” from them. Students described the task as “Helpful”, “Refreshing” and “Creative” with approximately half the class stating they would be using this as a future revision process for exams. A preliminary analysis of the exam results demonstrated a marked increase in the lower grade boundaries for the group of students who undertook the Sketchnoting exercise.     

Reviewing the effectiveness of the Oxford tutorial system in teaching an undergraduate qualifying law degree: a discussion of preliminary findings from a pilot study

At undergraduate level the tutorial system at Oxford University has several features that serve to make it almost unique in UK Higher Education. Undergraduates are taught in tutorial groups, typically made up of one to three students, on a weekly basis. Work is usually prepared in advance of these sessions by students and the tutorial is then used as an opportunity for students to receive direct feedback on their work, as well as a platform for further work and tutor-led discussion. The central issue to be explored in this paper, which reports the findings of tutorial observations and interviews involving Oxford University Law students, is the effectiveness of this system of teaching. Supporters of the Oxford tutorial system regard it as more academically challenging and rigorous than other methods of teaching, with its emphasis on developing critical thinking skills and a critical dialogue around feedback. Its detractors, meanwhile, consider it open to potential inconsistency and misuse by tutors. Key findings of this study give more support to the arguments of the former. It will also be demonstrated that there are a number of discipline-specific issues, which make consideration of the tutorial system particularly relevant and enlightening for undergraduate Law students.     

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.