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.     

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.     

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

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

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.     

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.     

Central Issues in Jurisprudence

Law schools have been criticised as being behind the times in predominantly adhering to the traditional lecture format combined with the casebook method. In so far as these techniques simply transmit prescribed content to students, this comes at the expense of teaching the skill crucial for success in examinations and in legal practice: problem solving. Active teaching and learning techniques seem likely to better foster the development of this skill. However, in an environment where transmission-based lectures are the norm, and students are anxious to absorb content in the (mis)belief that this holds the key to success, would they welcome such active learning or resist it? To assess this, I delivered three lectures to second year undergraduate students in the same cohort of the Law of Contract, each of which used varying degrees of active learning techniques: the first, the maximum amount practicable, the second a combination of active learning techniques and techniques traditionally used in law school lectures, and the third no active learning techniques at all. By asking students to comment on the extent to which they were engaged in the lectures and how the use of time enabled them to learn, to understand contract law, and to develop their own problem-solving skills, I aimed to see how they would react to the different techniques. Supported by the qualitative results of this pilot study, the article suggests that (1) the incorporation of active learning exercises – including those based on problems – into large lectures is perceived by students as beneficial for their learning, and even preferred over passive methods; and (2) in the typical law school environment, law teachers could also consciously mitigate the relentless pressures affecting law students by making classes more conversational, relaxed and entertaining.     

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.     

Open and distance learning in a New Europe*

Legal education is gradually moving away from the teaching of national law towards a more European, transnational, or even “global” way of teaching. This paper seeks to explain why an international legal education is to be preferred to a national curriculum and what this means for how law is taught and how law schools are ideally organised. The arguments for an international legal education lie in the increasing plurality of legal sources, the desire to attract students from a larger pool, and the need not only to give students a specialised professional training but also to prepare them for global citizenship. It is claimed students should be exposed to alternative ways of achieving justice, thus creating a dialogue with otherness. This can be done by a focus on the arguments behind the choices made by the relevant authorities and not on the doctrinal intricacies of national legal systems. This type of international curriculum, in which competing conceptions of justice are at the centre of attention, requires a specific teaching method. Two methods seem best suited to allow students to construct their own understanding of legal problems: problem-based learning (PBL) and the Socratic method. In addition, teaching law in an international setting forces us to think through the sequence in which the various jurisdictions come to the fore, the assessment of students and the use of teaching materials and language of instruction. Also discussed are the challenges for the law school as a whole, such as the relationship between teaching and research, the recruitment of faculty and the decreasing relevance of the traditional departmental structure.     

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.     

参与式教学法在卫生法学与卫生监督课程中的应用

目的:探讨参与式教学法在卫生法学与卫生监督课程中的实践应用及效果,以提升课堂质量,增强学生的理论实践水平。方法:抽取卫生法学与卫生事业管理两个专业正在讲授该课程的班级,由教师在课堂上应用参与式教学法进行教学,然后用自行设计的调查问卷对学生参与课题讲学的效果和问题进行调查。结果:通过参与式教学法,76.2%的学生认为个人学习的主动性增强;79.6%的学生认为个人对知识的掌握和吸收程度增强;74.6%的学生认为个人独立解决问题的能力增强。结论:卫生法学与卫生监督课程开展参与式教学法具有良好的教学效果。但是在具体实施过程中,教师还应注意努力激发学生的学习兴趣和参与热情,在实施参与式教学前向学生充分讲授基础知识,进行充分备课,拓展背景知识。     

案例教学法在卫生法学教学实施中的误区及解决策略

案例教学法在部分院校的卫生法教学实施中取得了良好的效果,但其教学设计、教学实施及教学反思环节仍存在误区。应当在以学生为主的教学理念和重视双向交流原则的指导下,通过精选教学案例、营造良好的课堂教学氛围、规范教学步骤来完善教学设计环节,通过突出学生学习的实践性和关注案例所涉知识面的扩展来重构教学实施环节,通过重视对本次案例教学法适用的总结反思和对整门学科适用案例教学法质量的检测来关注教学反思环节。     

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.     

Law,Learning, Technology: Reiving Ower the Borders

Serious consideration of our students' learning requires us to engage with the theoretical constructs of other disciplines, some of which have much to tell us about how we teach law, how we might teach it more effectively; how our students learn and what they understand as learning. This interdisciplinary understanding is an essential component in the dialectic between theory and praxis of teaching and learning, and the law. If this is true for what might be termed more traditional learning methods, it is even more the case for computerbased educational interventions. In computer-based learning, the management of learning on many levels becomes critical to educational success, and the understanding and application of interdisciplinary theory plays an important role in the design and development of materials and in the learning events themselves.     

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.     

A field trip in the first week at university: perspectives from our LLB students

ABSTRACT

Field trips are a major part of the pedagogy of experience. Generally, core theoretical knowledge is developed in class before a practical field application is facilitated to link knowledge. Field trips are both observational and participatory. This paper describes how the Bachelor of Laws students at an Australian university undertook a field trip to the Parliament during their first week at university. In contrast to traditional transmission of content knowledge and teaching legal rules, this field trip was purposefully designed as an early memorable, motivating experience for students to reflect on personal learning by connecting theory and context. This structured program had supporting activities and an aligned summative assessment. Findings of this qualitative study suggested that students and academics concurred that field trips are important for learning though their perceptions about it differed. For the students, it was a valuable learning experience which contextualised learning, developed an appreciation of different learning approaches, provided networking opportunities and set them thinking about potential future careers. Study outcomes indicate that curriculum designs that integrate experiential learning and linkage activities to professional settings across the entire law course are worth exploring and embedding into the curriculum.     

The pedagogy of legal reasoning: democracy,discourse and community

Learning legal reasoning is a central part of any undergraduate law degree and remains a threshold concept: one which is vital for any law student to grasp, but which is often difficult to explain. It is a form of reasoning which is very distinctive to the discipline. This article explores the applicability of learning theories typically used to ground pedagogy in higher education to the specific task of teaching legal reasoning. Constructivist or experiential theories of learning are widely used in higher education, but they need to be used with a clear focus on the specific nature of legal reasoning, which does not fit neatly within the assumptions about learning which underpin many constructivist approaches. Situated learning theories, which place emphasis on the role of the community in constructing knowledge, can also be of value. However, steps need to be taken to avoid replicating the hierarchy of the legal community within educational communities. Overall, the pedagogy of legal reasoning needs to pay attention to the specific nature of legal reasoning, to enable students to access the discourse of the legal community to use as a model, and to take students seriously as members of that community.     

Embedding employability in assessment: searching for the balance between academic learning and skills development in law: a case study

Employability related indicators and measurements are now a fact of life for UK law schools. Despite the omnipresent spectre of the employability agenda, there has been relatively little consideration given to the relationship between assessment and employability. The traditional teaching method used at law schools relies heavily on participatory small group teaching. This lends itself to developing oral communication skills. Surveys of employers show oral communication to be one of the most highly valued employability skills. Research, however, suggests that law students do not feel that oral communication skills are given enough emphasis on law programmes. Using the example of a new approach to assessment of the European Law module at the University of Bolton, which adopts an oral assessment alongside a traditional written exam, consideration is given to the benefits and practicalities of embedding employability in assessment. The extent to which this approach can be reconciled to liberal ideals is considered alongside pedagogical rationales for the assessment. In the final section, the article goes on to analyse student feedback on their perception of different assessment methods and employability. The article concludes by suggesting that, by focusing on pre-existing features of a liberal legal education, employability can be successfully embedded in assessment.     

Writing Workshops for First Year Law: my contribution as an applied linguist

“Law schools should focus more on teaching writing – not some Procrustean monstrosity called ‘legal writing,’ but the ordinary techniques of constructing a sentence and telling a story” writes Roosevelt in his review of Divergent Paths: The Academy and the Judiciary by Posner. The Australian Threshold Learning Outcome expects law graduates to be effective, appropriate and persuasive as communicators when interacting with both legal and non-legal persons. We also know that embedding learning outcomes or graduate attributes throughout a programme encourages progressive learning. Furthermore, the whole of degree curriculum design undertaken from a shared perspective reflects industry and student requirements better than individual subjects can. In the absence of any whole of degree curriculum, the semester-long series of Writing Workshops for First Year Law (WWFYL) was created. Building on the success of past collaboration (Curró and Longo), WWFYL reflect a move away from a solitary, silent teaching culture to open sharing of practice. The widening participation and skills agendas remind us of the need to focus on the integration of academic literacies into law. If law is language, can applied linguistics make a contribution to the literacy needs of students from diverse linguistic backgrounds? As an applied linguist, my objective is to raise awareness of the elements and features of legal writing and demystify the specialised discourse and textual features. In this paper I present my theoretical framework borrowed from socio-constructivist theories, focusing on how students learn specific subject matter in particular contexts: “a teaching and learning process that makes transparent the practices and discourses of the subject area” (D. Warren, “Curriculum Design in a Context of Widening Participation in Higher Education” (2002) 1 Arts and Humanities in Higher Education 85, p. 88). Two snapshots of my classroom discourse demonstrating the practical application of my teaching are presented, as well as evaluation data supporting my approach.     

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.