Climate change: It's happening in the legal profession too

What conscientious law professor of first year, large format classes in torts, contracts, or criminal law has not pondered how to better engage students while easing their reluctance to speak out in class? While students entering law schools are quite adept with student engagement technologies (SETs) from undergraduate classes, some law faculties seem tied to the passive environment of lectures and PowerPoint presentations and hence reject SET methodologies as so much techno-wizardry. With the entry of web-based programmes into the expanding field of SETs, and increasing empirical evidence that active learning improves grades and closes gender and socio-economic gaps, the ethical question arises, are we not obliged as law teachers to employ them? This paper examines in three steps that gap between pronouncing from the podium and actively engaging learners by clicker response or web-based devices. Part I reviews the growing literature on active learning including SET-based methods. Part II examines two models of SETs, remote-based and web-based, for their comparative attributes and drawbacks, with a particular focus on law teaching. Part III details the author’s experiences with the clicker system teaching introductory law and criminology and offers practical suggestions for facilitating its use. The paper concludes that, in light of recent evidence of heightened learning success using active learning methodologies, and the impending complexity to education posed by wearable technologies, the ethical question of pedagogical competence grows in importance.     

DI‐LE‐CA approach to teaching European law

The Queensland University of Technology badges itself as “a university for the real world”. For the last decade the Law Faculty has aimed to provide its students with a ‘real world’ degree, that is, a practical law degree. This has seen skills such as research, advocacy and negotiation incorporated into the undergraduate degree under a university Teaching &; Learning grant, a project that gained international recognition and praise. In 2007–2008 the Law Faculty undertook another curriculum review of its undergraduate law degree. As a result of the two year review, QUT's undergraduate law degree has fewer core units, a focus on first year student transition, scaffolding of law graduate capabilities throughout the degree, work integrated learning and transition to the workplace. The revised degree commenced implementation in 2009. This paper focuses on the “real world” approach to the degree achieved through the first year programme, embedding and scaffolding law graduate capabilities through authentic and valid assessment and work integrated learning.     

Law’s not hard; it’s just hard to get into: a study of alternative entry students to law school

Widening access to higher education is a challenge currently under discussion in Australia and the United Kingdom. The increasing number of alternative entry programs offered by universities has made tertiary study, including law study, more accessible. One concern with widening access to legal education is the ability of students entering law school through means other than very high academic scores to undertake a law degree successfully. Students who enter law school are generally referred to as “high achievers”, having qualified through an admission policy based on competitive rankings. The implementation of equitable access programs in some Australian universities has resulted in a number of places being made available to final year high school students who meet the eligibility criteria. Lowering the entry requirements to some courses provides opportunities for students whose circumstances have affected their ability to attain competitive ranking scores. The Principals’ Recommendation Scheme (PRS) is one of these programs. The University of Technology Sydney in New South Wales, Australia commenced the PRS in 2012. UTS:Law was one of the first Faculties to develop a strategy to support these students. The Faculty is committed to resourcing all students in their study and, as a result, is engaged in the ongoing evaluation of the academic and co-curricular programs provided to students. This paper explains the implementation of the PRS and the relevant support infrastructure available to students. It also considers the research into student retention and academic success and makes a preliminary assessment that, to date, the PRS students are succeeding in the transition from secondary education to law school, and that the existing infrastructure is accommodating the needs of these students. The PRS is an alternative entry scheme that provides a model for consideration by other law schools, committed to widening access to legal education.     

Student mentoring to enhance graduates’ employability potential

This paper considers whether the adoption of a subject-specific, classroom-based, voluntary extra-curricular student mentoring scheme could provide an effective mechanism and andragogic approach to enhance higher education students’ employability potential pre-graduation.Over the three-year pilot, 26 more advanced (second to fourth year) undergraduate students actively mentored nearly 400 first year undergraduate students during workshops delivered annually within forensic and policing focused courses. In total, 17 mentors anonymously completed online, post-scheme surveys. Survey data was quantitatively analysed to evaluate the scheme, establish which skills and attributes mentors had developed and investigate whether mentors could appropriately identify example skills within professional terminology used during employer recruitment. In addition, this paper reflects on the implementation of remote student mentoring during the COVID-19 pandemic and its adoption within a blended learning framework.The results from this research strongly support mentoring as an effective mechanism to develop undergraduate employability skills, significantly developing mentors’ self-confidence and self-efficacy in their interpersonal and communication skills. Although mentors were aware of university graduate attributes and thought they could evidence these with appropriate examples, in practice this was not necessarily the case. As a result, a framework is proposed to enable mentors to identify their skills and how they may align with competencies sought by relevant forensic and policing employers. However, other andragogic practices may need to be implemented to maximise the potential for successful graduate employment.     

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.     

Training to be a lawyer in Japan

With the aim of enabling students and teachers to work together in multinational groups in order to gain new perspectives on a specific topic being studied and so benefit from special learning and teaching conditions not available in a single institution, the European Commission funds international Intensive Programmes under the ambit of Erasmus mobility. An Intensive Programme culminates in a short programme of study, lasting from 10 continuous full days to six weeks, which brings together at one of the partner institutions students and teaching staff from higher education institutions of at least three countries who have spent the preceding semester studying the topic under consideration at their home institutions. The purpose of the present paper is to explore the nature of Erasmus Intensive Programmes and their value for law students by sharing the experience of London South Bank University's engagement in such a programme with four partner institutions from across the EU. The programme constitutes an option module for final year LLB students and LLM students on a relevant LLM programme. The paper considers the parameters within which such programmes operate, their aims and objectives and the extent to which such aims and objectives are made out. It is suggested that such programmes may fulfil a particularly useful function in enabling students on qualifying law degrees in the UK to enhance their employability by participating in an international collaborative project without the need to extend their degree length.     

Using self- and peer assessment at honours level: bridging the gap between law school and the workplace

Growing awareness and interest in pedagogical issues permit greater experimentation with the design and delivery of law teaching. While employability skills are now commonplace within the law curriculum, the development of graduate attributes can also be enhanced through assessment methods requiring students to apply clearly understood criteria to their own performance. Where students are allocated work-related tasks, moderated self- and peer assessment can also help replicate the sense of “real” situations and act as an even more powerful stimulus to learning. The article considers staff and student perceptions of group-based learning in which assessment is considered both a means to “deep learning” and an end in itself insofar as students are allocated the task of formally recommending grades for coursework. Recognising that student-led learning and student-driven assessment are still relatively unorthodox in law teaching, the article concludes that this form of assessment method can clearly assist learning and the enhancement of graduate attributes and moreover can be justified objectively by reference to standard assumptions of validity, reliability, convenience and integrity.     

The importance of ethics in the law curriculum: essential or incidental?

Recently, the debate as to whether ethics should be a compulsory requirement of a law degree was refuelled when the English and Welsh Legal Education Training Review (LETR) recommended that professional ethics should be primarily addressed in vocational Legal Services and Education Training programmes and that learning outcomes in the academic curriculum should include reference to morality and the law, the values supporting the legal system and their connection to the role of lawyers. This debate is also occurring in other jurisdictions. In Australia the debate is focused on the proposal that ethics be removed as a compulsory subject in the law degree. This proposal has raised a concern that law students will be denied the opportunity to develop as ethically competent lawyers. This paper argues for the continuation of ethics as a core component of a law degree and evidences the model used for the teaching of ethics in the law degree at the University of Technology Sydney in support of our argument. The background to the model is examined to highlight the significance of student feedback and ongoing curriculum review, including the alignment of parallel pedagogical factors. This model serves as an example of not only why ethics should be core to a law degree but, in order to provide graduates who are ethical and reflective practitioners, why ethics should be pervasively taught throughout the degree and supported by an introductory and capstone presence.     

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)     

The law commission and judicial law reform*

This article explores ways in which mooting can provide high school students with insight into life as a law student. In gaining high school students’ insights on their early exposure to a legal research skills environment involving oral argumentation exercises, the authors argue that law schools can incorporate experiential learning pedagogies into student recruitment efforts to ensure that both law school and prospective student are better prepared for each other during the delivery and study of law at university level.     

Reasons why law students should have access to learning law through a skills-based approach

The Legal Education and Training Review identified gaps in law students’ key skills development and this paper considers how skills training in three key areas of mooting, negotiation and client interviewing can be maximised so that law students have a sense of themselves as lawyer as well as law student from the beginning of their legal education. The research identifies numerous benefits to learning law through skills-based activities, but also discovers some possible apprehensions about participating from a student perspective. This paper draws on data taken from students who engaged in short-term optional courses in client interviewing, negotiation and/or mooting and considers the responses to a survey conducted prior to participation, a reflective survey post-completion and a focus group exercise. In total 64 students responded to the questionnaire. The research explores the expected and actual benefits of participating in the courses, discusses how these impact on students’ perceptions of their employability and the types of activities considered most valuable. The article considers how, in light of the research, experiential learning can be put to best use within the law curriculum.     

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.     

“A part to play”: the value of role-play simulation in undergraduate legal education

This article explores the argument for increased student participation in experiential learning approaches within the UK undergraduate law curriculum. It is supported by the findings of a very small-scale research study undertaken by the writer into law students’ perceptions of the efficacy of role-play simulation as a means of studying mediation, in an optional credit-based module within the final year of a UK undergraduate qualifying law degree. In order to provide situational context, the first part of this article will briefly address the experiential learning possibilities for undergraduate law students, a discussion of the study involving qualitative research methodology, which was used to demonstrate that role-play simulation as a method of experiential learning has a place within the UK undergraduate law curriculum. The final part of this article will consider the findings of the study which demonstrated that, inter alia, role-play simulation can be motivational, helps to build student confidence, enables deeper learning, assists graduate skills acquisition and arguably enhances employability. Based on the findings of this study and other empirical evidence, the article suggests that greater emphasis could be placed on experiential approaches such as role-play simulation for credit-based law courses, including those “core” foundational courses which form part of the undergraduate qualifying law degree in the UK, but achievement of this aspiration is not without its challenges.     

Teaching international commercial arbitration at postgraduate level – techniques for enhancing students' learning

The international commercial arbitration modules that are increasingly taught at postgraduate level at British universities seem to be quite popular among students who have not obtained their first law degrees in the UK. Whilst the seminars, which require a great deal of independent study, may be a valid mode for teaching postgraduate students who have graduated in the UK, the same may not be true for teaching postgraduate students who have obtained their first degrees abroad. The aim of the article is to identify the teaching methods that should be used, in order to foster seminar discussions and encourage the postgraduate students who have not obtained their first degrees in Britain to understand the relevant material by reading widely. The project involved the use of a number of teaching techniques by the author for a trial period (i.e., an academic year). The study clearly showed that if we want to promote a “deep approach” to learning when teaching international commercial arbitration, then we need to adopt a mix of teaching methods that considers the individual interests, needs and abilities of each individual student.     

The ethical identity of law students

This paper uses measures of values, moral outlook and professional identity to explore the ethical and professional identity of law students. We do so in two jurisdictions, surveying 441 students studying in England and Wales and 569 students studying in the US. The survey covers the first and final years of an undergraduate law degree and the postgraduate vocational stage in England and Wales, as well as students in all years of the JD programme in the US. We explore whether law students towards the end of their legal education have ethical identities predictive of less ethical conduct than those at the beginning of their legal education; whether law students intending careers in business law have values and profiles consistent with less ethical conduct than those intending to work for government or individuals; and what factors might explain these differences in ethical outlook. Our findings suggest that ethical identity is strongly associated with gender and career intentions. They also suggest weaker moral identities for students intending to practise business law. Ultimately, our findings support a conclusion that is more nuanced than the predominant theses about the impact of legal education on student ethicality which tend to suggest legal education diminishes ethicality.     

Online collaboration as a pedagogical approach to learning and teaching undergraduate legal education

Legal education is in a period of rapid development driven by changing industry demands and developing technologies. This paper will describe an innovative pilot study which utilises new technologies to provide an alternative mode of teaching and learning to meet growing industry demands for graduates who are technologically savvy and have strong communication and collaboration skills. The pilot study redesigns a law unit combining a more traditional approach with an approach in which online collaboration is critical to student learning as a teaching and assessment tool. After completing an online collaborative activity as part of their assessment for the unit, students completed an online survey to identify their perspectives of the online collaborative experience. The online survey data was analysed to identify common themes and the experiences of students are shared in this paper. The paper provides an example of how instructors might take advantage of a learning design process, online tools and infrastructure to develop educational experiences which promote communication and collaboration within the law discipline. It will also include five recommendations to consider when including online collaboration in unit design for law students.     

Peer Reactions,Peer Behavior,Student Attitudes,and Student Deviance: a Comparison of College Students in Japan and the USA

This study presents evidence on the cross-cultural generalizability of differential association/social learning theory by testing whether the causal processes of learning attitudes toward deviance, posited by the theory, are equally applicable, and the causal links, specified by the theory, are equally strong in two diverse cultures—the USA and Japan. Drawing on the literature concerning cultural variability in individualism-collectivism, we predicted that the effects of peer reactions to deviance and peer deviance on a person’s attitudes toward deviance should be stronger in Japan than in the USA, and that the mediating effect of a person’s attitudes on the relationship of peer reactions and peer deviance to a person’s deviance should be weaker among Japanese than among Americans. Analyses of comparable survey data from college students in the USA (N?=?625) and Japan (N?=?591) provide generally supportive, but somewhat mixed, evidence regarding our predictions. In both countries, peer reactions to deviance predicted student attitudes toward deviance more strongly than did peer deviance. Peer deviance strongly predicted student deviance, while peer reactions to deviance predicted less strongly, and the effects were mediated by student attitudes in both countries. Contrary to the hypotheses, peer reactions and peer deviance did not predict student attitudes more strongly in Japan than in the USA. Also, peer deviance predicted student deviance more strongly in the USA than in Japan. In agreement with the expectations, the relation between student attitudes and student deviance was stronger in the USA than in Japan.

     

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.     

Moonlighting in Law School: A Multischool Study of Part-Time Employment of Full-Time Students

The part-time employment of full-time law students is a significant aspect of contemporary legal education. Successful socialization and training in law are presumed to require the undivided time, effort, and commitment of students. Part-time employment, therefore, is commonly believed to siphon those scarce personal resources away from the central task of legal education. This multi-school study of a sample of 1,370 law students attempted to determine the significant ways in which employed students were differentiated from nonemployed classmates in finances, attitudes, and uses of time, and whether type of law school and student's year in school had effects on patterns of student employment.
The incidence of part-time employment, while strongly related to personal financial resources, was found to be equally influenced by the type of school attended and year in school. While those settings varied substantially in the degree of permissiveness toward student part-time employment, students employed part time could not be distinguished statistically from their nonemployed classmates in terms of levels of involvement in law school or their levels of morale. Both temporal and attitudinal disengagement from law school were found to be commonplace among upper-class students in all school settings, but part-time employment did not appear to contribute to it uniquely.     

Recent developments

The tertiary sector is operating in an increasingly market-driven environment. Teaching standards are under intense scrutiny as universities strive to meet the expectations of students exercising consumer choices. Continuing professional development programmes have a pivotal role in supporting and shaping best practice in modern law schools. Early career academics in both the New Zealand and British university systems share similar teaching and learning objectives.

However, the respective professional development programmes have different compliance regimes. The United Kingdom has adopted a scheme of formal training and teaching accreditation, supported by the UK Professional Standards Framework. In New Zealand mandatory training requirements are more limited. It is submitted that New Zealand universities should similarly require probationary academics to undertake a formal programme which promotes an understanding of the scholarship of teaching. It is further argued that programmes in both jurisdictions should emphasise subject-specific pedagogical knowledge to expose law teachers to the distinct academic and vocational aspects of their discipline.