Decline of the English jury*

Abstract

This biographical study of the lived experiences of six law teachers offers a new dimension to understanding the dynamics of law teaching. The overall purpose of the study is to reveal how these law teachers make sense of the world of legal education in terms of individual identities, values and whether they necessarily regard themselves as academics. The significance of the study is the contribution it seeks to make in understanding individual law teachers and how they experience the dynamics of a rapidly changing teaching environment. The study reveals how different experiences emerge through a complex interplay between spheres of influence and theoretical frames of reference. A theoretical perspective considers three possible explanations, work orientation, performativity and supercomplexity, with regard to how experiences fit within apparent epistemological shifts in the academy.

The biographical method has not hitherto been applied to understanding this dimension of legal education. The purpose in adopting this method is to make a deliberate departure from more traditional research methods in legal education and to determine the extent to which it might be possible to see the world of legal education as a lived experience. This approach provides tools of analysis for understanding the dynamics of law teaching and dynamic identities.     

The global restructuring of legal services work? A study of the internationalisation of Australian law firms

The research discussed in this paper examines the ways that an elite group of law firms in Australia are contributing to the globalisation of business and restructuring of legal services work. We examine the distinctive commercial orientation and institutional corporate connections of this group, focusing exclusively on the continuities, breaks and reconversions of the Australian legal profession. Our findings reveal an institutionalised reproduction of strategic practice favouring the elite group of players that generally complies with the political, economic and symbolic power currently wielded by US and UK firms. The data specifically on the recent phase of internationalisation of legal services show Australian lawyers to be of lower status when compared to elite US and European law firms. Using a Bourdieuian method of analysis we explore the extent to which these Australian lawyers' strategic accounts show the potentially coercive and mimetic influence of the economic and symbolic capitals of dominant groups. We apply Sklair's global system theory as a means of interpreting Australian law firms' collective strategic intent, which at the time of this research is to develop a global competitive presence in markets in the Asia Pacific region.     

Law Professors: A Profile of the Teaching Branch of the legal Profession

In the United States, law schools provide the principal route of entry into the legal profession. Indeed, education in a law school is the only experience that virtually all members of the modern legal profession have in common. The gatekeeping function of law schools places the nation's law teachers in a most influential position. Although law professors play a vital role in selecting and molding the members of the profession, little research has been done on them. This article presents the results of the American Bar Foundation's first major study of law teachers. The author finds them to be a most highly credentialed group of lawyers, the overwhelming majority of whom are graduates of a small group of elite law schools. She also finds that possession of a degree from one of these schools appears to be not only highly determinative of who become law teachers but also of the nature of teachers' academic careers.     

The impact of Brexit on the careers of EUI law graduates

ABSTRACT

This paper raises some questions about the possible impact of the UK leaving the European Union on the career pathways of mobile and internationally oriented PhD graduates interested in an academic career in law, with particular reference to the specific case of the European University Institute (EUI). It first addresses some of the reasons for the popularity of the UK academic job market as a destination for EUI law graduates and then considers the potential impact of Brexit on these factors. While a number of factors have made the UK an attractive market for these highly mobile young scholars, their mobility means that should the balance shift, other countries may replace the UK as top choice.     

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.     

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.     

Are we there yet? Best practices for diversity and inclusion in Australia

ABSTRACT

This article reports on the findings of a pilot research project investigating current best practices, operating within national law firms in Australia, that support women lawyers in their advancement to partnership and other leadership positions. Academic research and professional body reports suggest that current diversity and inclusion (D&I) initiatives across the private sector are not resulting in significant change to advancement, retention and attrition of women in the legal profession. However, work done by the Women Lawyers’ Association of New South Wales in Australia, through the Data Comparison Project (DCP), indicates that some firms have made better progress than others. Building on the DCP, this article presents the findings of a pilot project involving in-depth interviews with four of the top-achieving national law firms in Australia on gender equity criteria. It finds that these firms are collectively engaging with many of the best practice initiatives for D&I recommended by the current national and international research and scholarship, and in some instances go beyond international best practice. What is apparent, however, is that the current best practices have yet to achieve significant advancement of women, or to break through the glass ceilings that continue to operate for women in large Australian law firms.     

Policing image-based sexual abuse: stakeholder perspectives

ABSTRACT

Image-based sexual abuse (IBSA) refers to the non-consensual recording, distribution, or threat of distribution, of nude or sexual images. Over the past five years, numerous jurisdictions have amended their criminal laws to respond more effectively to this growing phenomenon, yet increased criminalization has not automatically translated into increased prosecutions. Drawing on stakeholder interviews with 52 Australian legal and policy experts, domestic and sexual violence advocates, industry representatives, police, and academics, this article examines law enforcement responses to IBSA in Australia. We argue that although there is evidence to suggest IBSA is being treated more seriously by police, there are five primary barriers to responding to IBSA, including: inconsistent laws; a lack of resources; evidentiary limitations; jurisdictional boundaries; and victim-blaming or harm minimization attitudes. Suggestions are made for how to respond to these challenges to facilitate more effective policing of IBSA.     

Legal education in Nigeria: an evaluation of the recruitment practice for the teaching of law as a career

This article makes a critical assessment of legal education in Nigeria, focusing on the standard of hiring for the teaching of law as a career in the country. Legal academics are hired based upon an accreditation standard that requires a vocational qualification determined through a call to the Nigerian Bar. The article argues that making a vocational qualification a criterion for academic appointment – apart from other achievements demonstrated through higher law degrees – inhibits innovation in teaching and learning and needs to change. This change is premised on three reasons: the growth of interdisciplinary legal scholarship; the trend in the legal marketplace; and the correlation between a law faculty and a department of religion. And it concludes with some proposals to think about for a more scholarly approach towards the teaching of law within Nigerian academia. The aim of this article is to inform the essential dichotomy between legal scholarship and practice, and the transnational aspirations of legal academics, for those involved in the development of law teaching and study, as well as those concerned with educational policy and administration around the world.     

澳大利亚奥林匹克知识产权立法研究

随着奥林匹克运动在全球范围内的发展,澳大利亚、美国、英国等许多已经或即将举办奥运会的国家均就奥林匹克标志保护进行了专门立法。澳大利亚奥林匹克知识产权保护特别法作为一种典型的超越正统知识产权法律体系的模式,非常具有代表意义。分析和探究该法的价值取向和具体适用原则,时于理性选择规制奥林匹克知识产权的保护模式具有现实的借鉴价值。     

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.     

略论当前我国法学教育体制存在的问题

我国的法学教育体制，特别是法学学位体系和人才培养模式，正面临着急迫的问题与挑战，亟待解决。其具体表现在如下几个方面：法学学位项目层次和种类过多；法学学位体系之间相互交叉，职责界限不清，管理混乱；缺乏法学主学位，过分重视高学历法学教育，人才培养同质化严重；学位教育项目与法律职业准入相互脱节；法学教育规模急剧扩大与确保法学教育质量之间矛盾增大；课程体系与课程设置不合理，法学各专业教学特色不明显；法学人才的招录体制和分配去向存在着地区间严重不平衡；全球化法学教育的挑战与国内法律人才国际视野的局限性。     

The place of law in a business studies curriculum

Abstract

LEGAL ETHICS are the values that inform the practice of law. This article establishes what and how Australian law schools teach about legal ethics and suggests what and how Australian law schools should teach about legal ethics.

First, the article establishes that Australian law schools tend to teach legal ethics as if it were only concerned with the law of lawyering. It also establishes that Australian law schools tend to teach legal ethics discretely over the course of one subject out of the whole undergraduate curriculum.

Secondly, this article suggests the adoption of a new approach to legal ethics as the ability to exercise legal ethical judgment. It also suggests a pervasive method of instruction that integrates issues of legal ethics and the process of legal ethical judgment into every subject in the undergraduate curriculum in combination with discrete subjects on the context and substance of the law of lawyering.     

Women Legal Academics – A New Research Agenda?

Women academics have been the subject of suprisingly little academic research; this is particularly true of women legal academics. This article argues that it is important that research into women legal academics is carried out, not just to gain empirical evidence about the working lives of these women, but because in exploring these members of the 'academic tribe' of lawyers, important insights may be gained into the university as an institution, the development of law as a discipline, and the nature of law itself.     

Introduction: Problem‐Solving Courts

Problem‐solving courts have become a significant feature of the U.S. justice system, and their popularity appears to be growing internationally with courts under way or in development in countries such as Australia and Great Britain. Drug courts are the most visible type of problem‐solving court, but other varieties are beginning to take hold. Mental health courts, domestic violence courts, and community‐based courts among others are beginning to handle a considerable portion of the legal workload in many jurisdictions. Criminal law violations as well as neighborhood conflicts and interpersonal disputes are increasingly being referred to problem‐solving courts rather than to traditional criminal or civil courts.     

Competition policy in the United States and the United Kingdom ‐ A look at underlying forces*

Summer schools in law are a common feature of Irish legal education today. Originating in the US, summer schools are now an international phenomenon. In 2005, the eLaw Summer Institute (or ELSI), was established at University College Cork as a four-week international summer school. In this article, we reflect on the design and development of ELSI, with reference to three key aspects of this summer school. First, we address issues arising from the intensive teaching aspect of ELSI, including the use of technology as part of a blended learning experience. Second, we explore the challenges posed by the international audience in ELSI. Lastly, we critically examine the comparative elements of the school in terms of curriculum design and delivery of the programme. Our analysis builds upon existing literature in the areas of curriculum design and delivery, intensive teaching, the international classroom and comparative legal studies; and is informed by empirical data in the form of anonymous student questionnaires. The aim of the article is to engage with others involved in summer programmes, to share our experiences and critical analysis and to provide an insight for those not involved in summer school programmes into the challenges and the rewards for students, staff and the institutions involved.     

Board composition and corporate governance–A multivariate analysis of listed Danish firms

The article conducts a multivariate analysis using a sample of listed Danish firms in order to examine what describes board composition. This issue also relates to corporate law that stipulates the legal boundaries of board composition. In recent years, several European countries, including Denmark, have issued various codes for good corporate governance, in the form of soft law. Such initiatives have been launched, even though the questions of what describes board composition, as well as, the legal profession's influence on board structure, have not been fully uncovered. This study shows that four factors explain Danish board structure. These factors can be interpreted by the following dimensions; the lawyer oriented, the business person oriented, the internationally oriented and finally the traditionally oriented board. Thus, the paper shows that a higher proportion of insider ownership increases the first dimension, whereas a higher remuneration increases the business person orientation of the board. If firm size increases, the international dimension of the board increases and if a firm experiences less growth board structure becomes more traditional. classification G32 . K22     

Complicating the “holy grail”, simplifying the search: a critique of the conventional problematisation of social immobility in elite legal education and the profession

This article challenges the conventional problematisation of and response to insufficient socio-economic diversity in elite legal education and the legal profession. I contend that the entrenched socio-economic stratification of admissions, the undergraduate experience, final degree classification, and career trajectories turns on elite institutions’ failure to recognise that education and educational proxies neither explain the core of socio-economic inequality nor are they the linchpin for improving social mobility. I draw on a case study of an elite UK university’s undergraduate Law programme. My argument proceeds in three parts. Firstly, I contend that justifiable commitment to “meritocracy” continues to be unjustifiably implemented via the indeterminate critical values of “potential” and “talent”, which undermines the meritocratic aim. Secondly, I explain how the inadequacy of the educational proxies employed for socio-economic disadvantage undermines the ability of targeted responses to achieve real improvements, and I call for the adoption of poverty-based proxies. Thirdly, I suggest that the search for mechanisms to increase diversity proceeds on the mistaken assumption that complex problems require complex solutions, which overlooks the transformative potential of “micro-adjustments” or “nudges”. I propose both universal and targeted micro-adjustments, which focus on fostering a universal diversity of excellence; bringing disadvantaged students within the “community of practice” to become expert in critical learning methods and assessment criteria; and enhancing disadvantaged students’ social and cultural capital.     

An analysis of outlaw motorcycle gang crime: are bikers organised criminals?

ABSTRACT

Outlaw motorcycle gangs (OMCGs) are identified in Australia and internationally as being heavily involved in organised crime and/or as being criminal organisations. However, academic studies have shown that OMCG members are involved in organised crime to varying extents; this differs between clubs and across jurisdictions. To date, Australian studies of OMCGs are rare. Despite this, Australian governments target OMCGs as key players in organised crime. This study contributes to the existing literature by analysing OMCGs’ criminality in one Australian jurisdiction – Queensland. It draws on rich qualitative data to determine whether and to what extent Queensland’s OMCGs are involved in serious crime, organised crime and/or are operating as criminal organisations. The study finds that Queensland’s OMCG members participate in serious crime at a higher rate than the general public, but that there are few examples of organised crime. There is little to no evidence of OMCGs acting as criminal organisations.     

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.