Creative podcasting as a tool for legal knowledge and skills development

ABSTRACT

This article draws on the authors’ experience of introducing a student-led legal podcast in their law school in September 2017 to explore creative podcasting’s potential as a tool of legal knowledge and skills development. Drawing on the authors’ observations as the coordinators of the podcast, as well as a survey conducted amongst student participants, it considers the value of creative podcasting as a means of enhancing legal knowledge, aiding skills development, and fostering a feeling of collaboration and community. The article also reflects on the practical challenges associated with running a project of this type outside the school’s curriculum, focusing particularly on the challenge of encouraging student buy-in.     

Reflections on clinical legal education

The substance of this paper originates from my own reflective teaching practice. It considers the written responses that were gathered from both staff and students as part of an informal evaluation exercise, following my decision to introduce podcasting into the teaching of the Equity and Trusts at the School of Law, University of Leicester. The responses are considered in light of literature that has emerged in recent years on the use of podcasting in higher education, both in relation to law and to other disciplines. The title of the paper bears a deliberate, if seemingly incongruous, analogy to Chaucer's Canterbury Tales. The analogy is used as a means to explain the three main barriers to incorporating new technology that have emerged in the course of this project. The paper concludes by advocating communication and the development of relationships between individuals as the key means by which “positive disruption” to the existing learning environment may be achieved.     

Supplemental instruction: Students helping students’ learning at university college London (UCL) and university of central Lancashire (UCLAN)

Abstract

The Supplemental Instruction (SI) programme aims to provide an untapped learning resource for academics interested in developing first year students’ cognitive capabilities alongside their personal skills. This study examines whether the pilot SI programme meets the needs of first year students in their academic and personal development within the Law faculties of UCL and UCLAN. Whereas the US model places prime emphasis on increasing grades, the UK model develops more holistically to include both cognitive and affective aspects of learning, in which the benefits to the second year Leaders become as important as the outcomes for first year students.     

Teaching law in Scotland

ABSTRACT

The theory of threshold concepts has become a popular way to describe the difficulties students face when trying to grasp fundamental ideas in a discipline. In law authors have suggested a range of concepts as thresholds. However these suggestions conflict with each other, and have not emphasised the way in which students repeatedly encounter such thresholds. Using variation theory and the concept of knowledge capability this article suggests that the Threshold Capability Integrated Theoretical Framework may be a way to resolve those differences and to highlight the ongoing nature of liminality in becoming a professional. Students may grasp initial threshold concepts early in a degree or subject, develop the ability to manipulate and use them in a variety of settings towards the end of the degree, and develop a lifelong professional ability to use them in diverse settings after graduation. Law students, lawyers and indeed law teachers may be best seen as in a constant state of learning. The uncertainty that goes with that learning is to be embraced, and encouraged as part of the way we teach law.     

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.     

The role of student evaluations in a PBL centred law curriculum: towards a more holistic assessment of teaching quality

ABSTRACT

Students’ evaluations are used to measure teaching effectiveness of staff. As such they are used to assess and appraise staff. The article – taking a doctrinal rather than an educational science approach – shows that there are considerable problems with the hypothesis that students’ evaluations measure teaching effectiveness. This is even more so in systems where an overarching teaching philosophy like problem-based learning (PBL) is applied. The article identifies a working hypothesis that students do not use the teaching philosophy as primary motivator to evaluate staff, leading to a perverted incentive. Changes made to the system of evaluation in the law faculty of Maastricht University are described.     

Is it acceptable for a psychiatrist to break confidentiality to prevent spousal violence?

Study questionWhen is it acceptable for a psychiatrist to break confidentiality to protect the wife of a potentially violent patient?Methods153 lay persons, 13 nursing personnel, 10 physicians, and 10 psychologists in France indicated this acceptability in 48 scenarios. The scenarios were all combinations of 5 factors: gravity of threat (death or beating), certainty of mental illness (certain or not), time spent talking with patient (considerable or little), his attitude toward psychotherapy (rejection, indecision, or acceptance), and whether the physician consulted an expert.ResultsLay people favored breaking confidentiality more than did nursing personnel or psychologists. Consulting an expert had greatest impact. Lay participants were composed of groups that found breaking confidentiality “always acceptable” (22 participants), “depending on many circumstances” (106), requiring “consultation with an expert” (31), and “never acceptable” (27).ConclusionLay people in France are influenced by situational factors when deciding if a psychiatrist should break confidentiality to protect a patient's wife.     

A critique of hall and hirschman's quadripartite model of child sexual abuse

Abstract

The aim of the current article is to critically examine an extremely influential multi-factorial theory of child molestation. Hall and Hirschman's (1992) quadripartite model. This innovative model was originally presented as a theory of rape and later extended to explain the onset of child sexual abuse. Despite its prominent status the adequacy of its basic ideas have never been systematically evaluated. First, I describe the quadripartite model in detail and outline its core assumptions. Next, these ideas are subject to critical analysis and I highlight its strengths and weaknesses. Finally, I conclude with some brief comments about the model and the role of theory development in the sexual offending area.     

Living on the Boundaries in America

Abstract

In this article I examine marginalized youths' ideas about the United States, the law, and police. My interpretive analysis is based upon in-depth, unstructured interviews with juvenile parolees living in poverty in a large southwestern city. In general, these parolees could be described as uneducated, unemployed, non-white, youth gang members. Through an examination of the youths' narratives and stories about America and its legal authorities, I attempt to illustrate how their ideas can be understood as evolving from their structurally based interactions. I present the general themes of the marginalized youths' legal and political consciousness and attempt to show how this consciousness flows from their hostile interactions with legal and conventional authorities. Ultimately, I suggest that the contrast between the youths' social justice ideals and the reality of their lives on the margins influences how they think about America, law, and the police.     

Marshall and barbaree's integrated theory of child sexual abuse: A Critique

Abstract

The aim of the current article is to critically examine an extremely influential multi-factorial theory of child molestation, Marshall and Barbaree's (1990) integrated theory. This powerful model was developed as a general theory of sexual offending and used to explain the onset of child sexual abuse in addition to other forms of sexual deviance. Despite its prominent status the adequacy of its basic ideas have never been systematically evaluated. First, I describe the integrated theory in detail and outline its core assumptions. Next, these ideas are subject to critical analysis and I highlight its strengths and weaknesses. Finally, I conclude with some brief comments about the model and the role of theory development in the sexual offending area.     

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.     

The affective burden of separated mothers in PA(S) inflected custody law systems: a New Zealand case study

ABSTRACT

Custody law systems across the Anglo-West are increasingly characterised by the overt and covert use of parental alienation (syndrome) as an aid to the governance of post-separation mothers. Difficulties with care arrangements within PA(S) inflected custody law systems are often regarded as evidence of mothers’ alienating behaviours, resulting in a range of remedial, coercive and punitive censures, including losing resident parent status. I argue here that the synergistic interaction between custody law and PA(S) creates an affective burden for post-separation mothers. Drawing on the voices of mothers in contested custody cases, I show that their affective burden consists of negative emotional states for themselves and their children, emotion work in relation to these states, and court required emotion work in support of father-child relationships. The latter mitigates the risk of being found to be an alienator and losing what matters most to them – their children.     

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.     

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 quality of written expert testimony in alleged child sexual abuse: An empirical study

Abstract

The purpose of this study was to empirically evaluate written expert testimonies in cases of suspected child sexual abuse in Sweden. A total of 121 expert testimonies were rated with an instrument developed for the study, the SQX-12 (Gumpert et al., 2001) which is a 12-item checklist aimed to reflect consensus-established concepts of quality. Reports from different professional groups were compared, as were reports produced before and after the 1991 publication of national guidelines. The results suggested that the reports produced by professionals using statement analysis generally were of higher quality than reports written by professionals from child- and adolescent psychiatry. There was a slight increase in report quality, as measured by the SQX total score, over the studied years. However, it is concluded that the overall quality of written expert testimony on child credibility still does not reach the recommended level in Sweden.     

Placing the Animal in the Dialogue Between Law and Ecology

This paper explores the growing dialogue between law and ecology, and asks if there is a promising space for the development of animal law in this growing dialogue. Specifically it sets up two meetings and dialogues between ecology and law, one with law prevailing, and one with ecology prevailing, The article pursues the later meeting of ecology and law through introducing and then compiling four prominent groupings in the ecology prevailing dialogue between ecology and law (Ecosystemic Law; Earth Jurisprudence; Resilience Theory; approaches embracing philosophical complexity theory). The article argues that in this dialogue that ecologically informed approaches develop a fundamental critique of orthodox legality, and that ecologically informed approaches consequently assume the problematic of legality, and that in so doing ecology and legality are each transformed. What emerges from these transformations is an ecological jurisprudence, and ideas of Emergent Law, Adaptive Law, and Ecolaw. In the final two sections the article turns directly to the place of the animal in the ecology prevailing dialogue between ecology and law. The article argues that in this dialogue affective assemblage theory has developed as a pre-prepared place for the animal as an affective body in complex social–ecological affective assemblages. The conclusion briefly draws out some of the implications for animal law and animal lawyers in taking up the conclusions from the ecology prevailing dialogue between law and ecology. The article suggests it may well be an exciting dialogue for animal law to find a place for exploration.     

Pornography and men's practices

Abstract

Summary: This article addresses the inter-relationship between pornography and sexual violence. Its particular focus is a political analysis of pornography within a context of gender politics, using concepts from feminist standpoint theory and recent theorising about men. It examines extant research concerning the effects of pornography, and critiques the predominantly positivist assumptions of such research. The article concludes with some ideas for enabling men to challenge pornography and its uses.     

Learning to be A Peacemaking Lawyer: Law Student Perspectives on Building Peacemaking into Law School Curricula,Building Paths to Practice for New Lawyers,and Interdisciplinary Training

From our perspectives as students, we reflect on the teachings of Lawyer as Peacemaker, a Winter 2015 course taught at UCLA School of Law — the school's course devoted to peacemaking lawyering. Utilizing our newfound peacemaking worldview, we share our collective reactions to the Lawyer as Peacemaker course and the ten articles in the Family Court Review Special Issue on Peacemaking for Divorcing Families. We then advocate for integrating peacemaking into law school curricula and experiential learning offerings and make recommendations on how law schools today can prepare students to practice peace.

Key Points for the Family Court Community:
• This article is a collaborative work product of three students who come from an array of work experience, backgrounds and interests and from their newly founded peacemaking worldview, the three students collaboratively analyzed ideas presented in the Lawyer as Peacemaker course and the articles from this issue.
• The peacemaking mediation allows the parties more control over their legal disputes and allows the control of the costs that come with litigation.
• Peacemaking involves a holistic and collaborative method, involving mental health professionals to financial advisors as well as legal professionals.
• However, peacemaking skill courses are not readily available to many law students while studying in law school.
• This valuable asset should be made available more extensively to law students interested in family law.

     

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.     

Predicting verdicts,adherence to judge's instructions,and assumptions about the disposition of the defendant in a case involving the insanity defense

Abstract

296 college students and jury eligible adults completed attitudinal measures and read a case summary of a murder trial involving the insanity defense. The case summary included opening and closing arguments, testimony from expert witnesses, and judge's instructions. Although broader legal attitudes (the PJAQ) predicted verdicts, the Insanity Defense Attitudes-Revised scale provided incremental predictive validity. Attitudes related to the insanity defense also predicted adherence to judge's instructions, whereas more general legal biases predicted a juror's willingness to change their verdict after being provided with accurate information about the defendant's disposition following the verdict. Importantly, misconceptions concerning the insanity defense impacted verdicts and many jurors made decisions that failed to adhere to the judge's instructions, though the nullification tendency does appear to vary as a function of pretrial juror attitudes. Implications for instructing jurors in insanity defense cases will be discussed.