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.     

Assessing Children’s Risk for Homicide in the Context of Domestic Violence

Increasing evidence indicates that children are at risk of homicide in the context of domestic violence. Using a retrospective case analysis of 84 domestic homicide cases, this study sought to identify the unique factors that place a child at risk of homicide. Three groups of domestic homicide cases in which there were no children in the home (No Child in the Home, n?=?44), a child was targeted (Child Target, n?=?13), and a child was present, but not targeted (No Child Target, n?=?27) were compared. Overall, there were no significant differences amongst cases involving children (targeted or not) on major factors except for the higher number of agencies involved with couples with children. Few cases had risk assessment or safety plans completed. Despite the study limitations, the findings speak to the need for professionals to assess child risk and include children in safety planning in all cases of domestic violence.     

Introduction: The OECD and Policy Transfer: Comparative Case Studies

Abstract

The six articles in this issue examine the role of the OECD in policy transfer. Two articles (Kudrle on international tax agreements, and Legrand and Vas on Australia’s vocational and educational training policy) conclude that the OECD has been influential, albeit in a grinding and lengthy way. Two others (Clifton on the OECD’s “enhanced engagement” policy with five G-20 countries, and Eccleston and Woodward on tax transparency) find the OECD’s influence either patchier or even dysfunctional. Carroll’s article provides a novel analysis of policy transfer through accession processes, while Alasuutari explores transfer in terms of a comparative analysis of policy rationalizations that refer to the OECD as a “standard.” A common theme of all six articles is the way in which policy transfer is driven by exogenous pressures and crises, and how international governmental organizations like the OECD exploit these pressures to protect and expand their global relevance.     

Guardians at the Gate: The Backgrounds, Career Paths, and Professional Development of Private US Immigration Lawyers

This article presents findings from a qualitative study of seventy-one New York immigration lawyers who are engaged in private practice. It focuses on the lawyers' backgrounds, career paths, and early professional training and describes, inter alia, the unusual diversity of this bar, the lawyers' reasons for practicing immigration law, the ways in which they learn to practice law, and the strong sense of community within the private immigration bar. It uses the idea of communities of practice to help understand how lawyers learn from their colleagues and are influenced by them. The article identifies several factors that may contribute to the supportiveness of the bar and the strong sense of community within that practice specialty, notwithstanding its great diversity. It concludes by making some preliminary comparisons between immigration lawyers and lawyers in other practice specialties and by identifying some questions for future study.     

Maybe He's Depressed: Mental Illness as a Mitigating Factor for Drug Offender Accountability

Given the often perplexing relationship between mental illness and substance abuse among offenders, this article looks at how a juvenile drug court staff's presumptions of a youth's mental illness affect its decision-making process. Based on thirteen months of ethnographic fieldwork at a Southern California juvenile drug court, this article uses Manzo and Travers's "law in action" approach to analyze how the staff readjusts its application of normal remedies (a concept developed by Robert Emerson) designed to respond to a youth's noncompliance when it suspects mental illness may be influencing the youth's actions. In doing so, it highlights how court staff's considerations of youth mental disorders arise out of its everyday work practices. Furthermore, the article discusses how staff negotiations around a youth's mental illness create tensions for the juvenile drug court's accountability-based model of therapeutic jurisprudence, because assessments of mental illness tend to mitigate responsibility for a youth's behavior.     

English- and Spanish-speaking women's use of violence

This study analyzes variables related to the context and consequences of women's use of violence as well as a wide range of violent behaviors used and experienced by court-ordered English- and Spanish-speaking women. Data were derived from intake assessments of 125 court-ordered women over 24 months. Almost all of the women reported a history of abuse perpetrated by their partners. Women committed significantly fewer violent acts against their partners than their partners committed against them. Differences between English- and Spanish-speaking women's victimization, use of violence, and help seeking were largely similar, however, important differences emerged.     

The psychological effects of solitary confinement on prisoners in supermax units: reviewing what we know and recommending what should change

This article examines the psychological consequences of short- and long-term solitary confinement for prisoners in the United States subjected to administrative or disciplinary segregation. Particular attention is paid to the use of secure housing units, alternatively known as control units or supermax units. These correctional entities allow for the isolation of convicts under conditions that offer little sensory stimulation and minimal opportunities for interaction with other people. The circumstances typically found in these units and the heightened potential for the abuse of prisoners are described. The connections between internment and mental illness-as well as isolation and race, gender, and class-are explored. A set of recommendations for the reform of secure housing is presented.     

Leaving Home, Attending College, Partnership and Parenthood: The Role of Life Transition Events in Leisure Pattern Stability From Adolescence to Young Adulthood

Few researchers have examined the role that life transition events play in the maintenance of or change in leisure behaviors across the transition from adolescence to young adulthood. This study examines the role that leaving home, going to college, having a committed partner, and becoming a parent played in intraindividual change and stability in leisure patterns. The data were from the Michigan Study of Adolescent Life Transitions (MSALT), and were collected during the final year of high school and 3 years following high school. Results suggest that transition events are particularly useful in predicting female leisure pattern stability or change; going to college and leaving home were generally predictive of the maintenance of a stable leisure pattern, while becoming a partner and becoming a parent were predictive of change. For males, the most useful predictor of stability or change was leaving home. However, the nature of the relation of the transition events to pattern stability or change depended on the type of initial leisure pattern.     

Teaching legal techniques

Starting from the position that it is necessary to have some model of the learning process, if legal education is going to respond to pressures for change in a useful way, the article introduces John Dewey and his model of learning. It identifies shared concerns and techniques that informed Dewey's understanding of the learning process and that inform legal processes. Traditional and clinical approaches to legal education are mapped against the model of learning supplied by Dewey, with the hope of providing an intermediate level linkage between his learning theory and the task of curriculum design in legal education at institutions of Higher Education in the UK.